25-FAC-035 Pre-Fab Building - Ralston Water Treatment Plant.pdf

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Proposal #:

Title:

RFP Issued:

Pre-proposal Meeting:

MANDATORY

Question Deadline:

Proposals Due By:

25-FAC-035

Pre-Fab Building – Ralston Water Treatment Plant

04/24/2025

05/07/2025 9:00 AM MT

6750 Dunraven St. Arvada, CO 80007 (Ralston Water Treatment Plant)

05/13/2025 2:00 PM MDT

Questions must be submitted through BidnetDirect.com.

Responses will be posted on Bidnet via addendum.

05/28/2025 2:00 PM MDT

Electronic Submissions must be submitted online at BidNetDirect.com.

This is the only valid source for postings regarding this solicitation.

Late responses will not be considered for award.

For additional administrative information not related to the project contact: Doreen Mazza, dmazza@arvada.org Contact with the requesting department may result in vendor disqualification.

Documents included in this Request:

General Terms and Conditions page 2 Special Terms and Conditions page 4 Insurance Requirements page 5 Administrative Information and Evaluation Criteria page 6 Statement of Work page 8 Required Vendor Submittal Form, Submittal Checklist page 11 Performance Measures Form page 13 Attachments/Exhibits

Elevations Use Geotechnical Investigation Report

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GENERAL TERMS AND CONDITIONS

1. NO MULTI-YEAR FISCAL OBLIGATION. Financial obligations of Arvada payable after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted, and otherwise made available by the City Council for Arvada. Arvada’s obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of Arvada within the meaning of Article X, Section 20 of the Colorado Constitution (TABOR).

2. TAXES. Arvada shall not be liable for the payment of any excise, sales, or use taxes. Arvada is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-01789). Contractor shall not invoice Arvada for any state, federal or local taxes. Upon written notification by Arvada, Contractor shall reimburse Arvada in a timely manner for any taxes erroneously paid by Arvada.

3. NO INDEMNIFICATION BY ARVADA. Arvada is prohibited under Article XI, Section 1 of the Colorado Constitution from indemnifying anyone. Despite any provision in any contract document to the contrary, Arvada does not indemnify Contractor or anyone else under the Agreement.

4. INDEMNIFICATION OF ARVADA. Contractor shall indemnify, defend, and hold harmless Arvada, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards, and other amounts (including attorneys’ fees and related costs) arising from or related to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with the Agreement.

4.1. Confidential Information Indemnification. Disclosure or use of Arvada Confidential Information by Contractor may be cause for legal action by third parties against Contractor, Arvada, or their respective agents. Contractor shall indemnify, defend, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by Arvada in relation to any act or omission by Contractor, or its employees, agents, assigns, or subcontractors.

4.2. Intellectual Property Indemnification. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that any Deliverable, Good or Service, software, or Work provided by Contractor under the Agreement (collectively, “IP Deliverables”), or the use thereof, infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. Contractor’s obligations shall not extend to the combination of any IP Deliverables provided by Contractor with any other product, system, or method, unless the other product, system, or method is (a) provided by Contractor or Contractor’s subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP Deliverables in its intended manner and the infringement could not have been avoided by substituting another reasonably available product, system, or method capable of performing the same function; or (d) is reasonably expected to be used in combination with the IP Deliverables.

5. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of Arvada, its departments, boards, commissions, committees, bureaus, offices, employees and officials shall be governed by the provisions of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (CGIA). No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the CGIA.

6. OPEN RECORD REQUESTS. Arvada is obligated to comply with the Colorado Open Records Act (C.R.S. §§24-72-200.1 et seq.)(CORA), which may require Arvada to disclose all or a portion of communications relating to the Agreement, any transaction under the Agreement, and other related matters. Contractor has been advised to familiarize itself with CORA. Any confidentiality provisions in any contract documents are subject to the provisions of CORA.

7. PROTECTION OF PERSONAL IDENTIFYING INFORMATION. In the event the Agreement includes or requires Arvada to disclose to Contractor any Personal Identifying Information as defined in C.R.S. § 24-73-101, Contractor shall comply with the applicable requirements of C.R.S. §§ 24-73-101, et seq., relating to third-party service providers.

8. NO THIRD PARTY BENEFICIARIES. The Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than Arvada and Contractor. Enforcement of the Agreement and all related rights and obligations are reserved solely to Arvada and Contractor. Any services or benefits which third parties receive as a result of the Agreement are incidental and do not create any rights for such third parties.

9. ASSIGNMENT. Contractor’s rights and obligations under the Agreement are personal and may not be transferred or assigned without the prior, written consent of Arvada. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Contractor’s rights and obligations approved by Arvada shall be subject to the provisions of the Agreement. Any provision of an assignment that enlarges any duty, responsibility, or obligation of Arvada, or that limits, curtails, or diminishes any right or privilege of Arvada, without Arvada’s express written consent, shall be void.

10. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns.

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11. SURVIVAL. Any provision of the Agreement that imposes an obligation on a party after the Agreement’s termination or expiration shall survive the termination or expiration and shall be enforceable by the other party.

12. SUBCONTRACTS. Contractor shall not subcontract any of its responsibilities without Arvada's prior written approval, which will not be unreasonably withheld. Contractor shall submit to Arvada a copy of each such subcontract upon Arvada’s request. All subcontracts Contractor enters into in connection with the Agreement shall comply with all applicable federal, state, and local laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of the Agreement. Contractor agrees it is fully responsible for subcontractors performing services under the Agreement. Contractor shall be Arvada's sole point of contact regarding the services, including with respect to payment.

13. INDEPENDENT CONTRACTOR. Contractor shall perform its duties under the Agreement as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of Arvada. Contractor shall not have authorization, express or implied, to bind Arvada to any agreement, liability, or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through Arvada and Arvada shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to the Agreement. Contractor shall: (i) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law; (ii) provide proof thereof when requested by Arvada; and (iii) be solely responsible for its acts and those of its employees and agents.

14. LICENSES, PERMITS, AND OTHER AUTHORIZATIONS. Contractor shall secure, prior to the effective date, and maintain at all times during the term of the Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under the Agreement, and shall ensure that all employees, agents and subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to the Agreement.

15. STANDARD AND MANNER OF PERFORMANCE. Contractor shall perform its obligations under the Agreement in accordance with the highest standards of care, skill, and diligence in Contractor’s industry, trade, or profession.

16. TIME OF THE ESSENCE. Contractor acknowledges and agrees that time is of the essence for this Agreement and that it is an essential term of this Agreement that Contractor maintain a rate of progress in the Services that will result in completion of the Services in accordance with this Agreement. To that end, Contractor agrees to proceed with all due diligence to complete the Services in a timely manner in accordance with this Agreement, and further agrees that failure to complete any of the Services during the Term of this Agreement, or as may be more specifically set forth in an attachment, exhibit, or modification, shall be deemed a breach.

17. WAIVER OF BREACH. A waiver by any party to the Agreement of a breach of any Agreement term shall not operate or be construed as a waiver of any subsequent breach by either party.

18. RIGHT TO TERMINATE. Arvada shall have the right to terminate, without cause, the Agreement. Any such termination shall not be considered a breach of the Agreement or any extension. In the event Arvada terminates for convenience, Arvada will pay Contractor for requested work performed up until the time of termination, not to exceed the total amount of the contract price agreed upon by Arvada and Contractor.

19. EXTERNAL TERMS AND CONDITIONS. Notwithstanding anything to the contrary, Arvada shall not be subject to any provision included in any terms, conditions, or agreements appearing on Contractor’s or a subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in the Agreement.

20. PROHIBITED TERMS. Any term included in the Agreement that requires Arvada to indemnify or hold Contractor harmless;

requires Arvada to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Any term included in the Agreement that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under the Agreement, and no insurance policy shall be interpreted as being subject to any limitations of liability of the Agreement.

21. COMPLIANCE WITH ALL LAWS. Contractor shall comply with all applicable federal, Colorado and Arvada laws, rules, regulations, policies and procedures in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

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22. BINDING ARBITRATION PROHIBITED. Arvada does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary shall be null and void.

23. GOVERNING LAW AND VENUE. Colorado law, rules, and regulations shall be applied in the interpretation, execution, and enforcement of the Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to the Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in Jefferson County.

24. OWNERSHIP OF WORK PRODUCT. The originals of all plans, reports, studies, data, or other materials or information relating to the Work that are produced by Contractor shall be delivered to and become the property of Arvada. Contractor may retain copies of any originals; however, no plans, reports, studies, data, or other materials or information relating to the Work shall be released to any person or entity without the prior written consent of Arvada. Nothing in this clause is intended to affect Contractor’s right to use generic know-how learned in the course of providing services under the Agreement for the future benefit of Arvada or others.

25. SOFTWARE PIRACY PROHIBITION. Arvada or other public funds payable under the Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of the Agreement and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If Arvada determines that Contractor is in violation of this provision, Arvada may exercise any remedy available at law or in equity or under the Agreement, including, without limitation, immediate termination of the Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.

26. ACCESSIBILITY COMPLIANCE.

26.1 Arvada is obligated to comply with the Colorado Anti-Discrimination Act (C.R.S. §§24-34-300 et seq.)(“CADA”), which requires all digital and online platform and content providers to comply with the minimum Accessibility Standards for Individuals with a Disability, adopted by the Colorado Office of Information Technology (“OIT”) under C.R.S §24-85- 103(2.5). Contractor has been advised to familiarize itself with CADA.

26.2 To the extent the Work or any of Contractor’s services provided under the Agreement involves digital, technological components, including but not limited to software, websites, applications, digital documents (the “Material”), all Material shall comply with the OIT’s currently adopted minimum Accessibility Standards for Individuals with a Disability at all times.

26.3 Contractor shall indemnify, save, and hold harmless Arvada, its employees, agents and assignees (the “Indemnified Parties”) against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relationship to Contractor’s failure to comply with Section (26.2) above.

26.4 Upon Arvada’s request, Contractor shall certify to Arvada that its service(s) and digital documents are compliant with Section (26.2) above. Arvada may require Contractor’s compliance to the OIT’s currently adopted minimum standards of accessibility to be determined by a third party selected by Arvada to attest to Contractor’s compliance.

SPECIAL TERMS AND CONDITIONS

1. PRICES FIXED AND FIRM FOR THE TERM OF THE CONTRACT

Prices proposed by the vendor shall remain fixed and firm during the term of the contract; however, the vendor may offer incentive discounts from the fixed price. This contract shall commence upon the date specified in the Contract or Purchase Order and shall remain in effect until such time as all items/services purchased in conjunction with this solicitation have been delivered and accepted by the City's authorized representative. It shall be understood and agreed that any warranty period which exceeds this term shall remain in full force for the duration of the warranty period.

2. NO OPTION TO RENEW FOR SUBSEQUENT YEARS

The prices or discounts quoted in this Solicitation shall prevail for one year from the effective date of the contract with no option to renew.

3. CONTENTS OF OFFER

Vendors are required to submit offers with the following conditions:

a. Vendors shall make all investigations necessary to inform themselves of the facilities affected by the delivery of products and services required by the Solicitation.

b. Any official interpretation of the Solicitation may only be issued by an authorized agent of the City. The City shall not be responsible for other interpretations offered by employees not authorized.

c. The City shall issue Addenda if substantial changes are required which may impact the content and submission of Offers. A copy of such addenda will be publicly posted with the original RFP posting.

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d. The apparent silence or omissions within this Solicitation regarding a detailed description of the materials or services shall be interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be provided.

4. CLARIFICATION AND MODIFICATIONS

The contract resulting from this solicitation will be subject to the Solicitation materials, City Ordinance, State and Federal Statutes.

When conflicts occur, the highest authority shall prevail. Vendors are required to indicate any variances to the terms, conditions, requirements and specifications of this Solicitation; no matter how slight. If variations are not stated in the vendor's Offer, it shall be agreed that the vendor's Offer fully complies with all conditions identified in this Solicitation.

5. ELIGIBILITY OF VENDORS: MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED

Offers will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services described in this Solicitation. Vendors must be able to produce evidence that they have an established satisfactory record of performance for at least two (2) years and have sufficient finances and structure to ensure that they can satisfactorily execute the Contract requirements, as determined by authorities of the City. The City reserves the right, before awarding the contract, to require a vendor to submit evidence of its qualifications including, but not limited to, financial, technical and other qualifications, as well as past performance with the City, for consideration in making the award in the best interest of the City.

6. CONFIDENTIAL DOCUMENTS

Vendors may designate specific pages or sections within their submission as trade secret or confidential commercial information or as otherwise protected by law (“Confidential Information”). Documents and data that are considered Confidential Information shall be clearly marked as such and separated from the rest of the solicitation submission documents. Comingling is not acceptable. The City does not favor blanket assertions of Confidential Information. Please note that blanket assertions that merely classify and/or broadly claim information is confidential are insufficient as a matter of law. See, International Brotherhood of Electrical Workers Local 68 v.

Denver Metropolitan Major League Baseball Stadium District, 880 P.2d 160 (Colo.App. 1994). Any information that will be included in any resulting contract cannot be considered Confidential. Under no circumstances may submission pricing information be considered Confidential. In the event a formal contract is entered into with the City and a portion of the Proposal/Response carries a designation indicating the Vendor believes it is Confidential Information, then the City agrees that it will use its best efforts to forward any request for the disclosure of the Confidential Information to the Vendor. By its submission of the Proposal/Response ,Vendor agrees to promptly respond to the request for disclosure with any objections and reasons therefor in accordance with the Colorado Open Records Act C.R.S. §§24-72-101 et seq. and any other applicable law. Further, Vendor agrees to assume the obligation to defend, hold harmless, and indemnify the City in any legal proceeding that arises from non-disclosure of documents or data pursuant to the Vendor’s objection.

7. MODIFICATIONS TO EXISTING CONTRACT

Terms and conditions may be added, modified, and deleted upon mutual agreement between authorized agents of the City and the vendor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities, and increases or decreases in the time limits for an existing contract. Any and all modifications must be signed by authorized agents of the City and the vendor prior to the enactment of such modifications.

8. DELIVERY

Quoted prices and deliveries are to be FOB Destination freight prepaid and shall require inside delivery unless otherwise specified in the Special Conditions of this Solicitation. Title and risk of loss shall pass to the City upon inspection and acceptance by the City at its designated point of delivery; unless otherwise specified in the Special Conditions.

9. CONDITION OF MATERIALS AND PACKAGING

All materials and products supplied by the vendor in conjunction with this solicitation shall be new (unless otherwise specified in the Special Conditions), warranted, free from defects, and consistent with industry standards. The Solicitation price shall include commercial packaging. The materials and products shall be delivered to the City in excellent condition for inspection by City representatives. If the product(s) is damaged or a number of items or components are missing during shipment, the vendor shall either replace the damaged items (if shipped by the vendor) or be responsible for filing, processing and collecting all damage claims (if shipped by a contractor of the shipper). In the event that any of the materials and products supplied to the City by the vendor are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the vendor at no cost to the City; either as an exchange for suitable merchandise or for full credit.

INSURANCE REQUIREMENTS

The following listed insurance requirements shall be carried by the selected vendor for the entirety of the contract. Applicable requirements for this solicitation are identified by completed check boxes.

1. Commercial General Liability, written on an occurrence form, for limits not less than $1,000,000 for bodily injury and property damage for each occurrence and not less than $2,000,000 aggregate. Coverage shall include premises and operations liability, blanket contractual, broad form property damage, products and completed operations and personal injury endorsements.

2. Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $1,000,000 each accident/disease and $2,000,000 aggregate.

3. Automobile Liability for limits not less than $1,000,000 combined single limit for bodily injury and property

R1-32025 6 damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles.

4. Umbrella Liability of $ , following form to the Commercial General Liability.

5. Builders Risk or Course of Construction Purchased by contractor to cover physical damage to property in construction or rehab. Contractors will ensure that City and subcontractors will be covered as additional insureds, excluding their own machinery, tools and equipment.

6. Professional Liability Professional Liability insurance in an amount of not less than $1,000,000 per occurrence, covering the professional work contemplated under this proposal. The coverage shall have an extended reporting period of three (3) years following the date of substantial completion of the work for reporting of claims.

7. Pollution Legal Liability Insurance for limits not less than $1,000,000 per occurrence (or claims made) and not less than $1,000,000 aggregate for bodily Injury, personal Injury and property Damage.

8. Privacy/Network/Cyber Liability Insurance for limits not less than $1,000,000 for any firm providing product or services associated with IT, software, communication, or network.

Additional Insurance Requirements:

• Contractor will be required to, at its own expense, keep in full force and effect during the term of the Agreement, and during the term of any extension or amendment of the Agreement, insurance reasonably sufficient to insure against the liability assumed by Contractor pursuant to the provisions of the solicitation sent by the City of Arvada or as determined by the City of Arvada Risk Manager.

• Issuance of a Purchase Order/Contract is contingent upon the receipt of the insurance documents. Work shall not commence before this requirement is met. If the vendor fails to submit the required insurance documents within fifteen (15) calendar days after notice to submit such policies is given to the vendor by a City representative, the vendor may be in default of the Award.

• Except for Workers Compensation, Employer’s Liability insurance, Automobile Liability and Professional Liability insurance, the City of Arvada must be endorsed as an additional insured on a Certificate of Insurance.

• All coverage must be written with carriers holding a minimum A.M. Best rating of A-:VII, and authorized to do business in Colorado. Coverage shall be primary, and any insurance held by the City of Arvada is excess and non-contributory.

• The City, through its Risk Manager, reserves the right to require additional insurance coverage and other requirements.

ADMINISTRATIVE INFORMATION

1. PURPOSE - TO OBTAIN PROPOSALS

The purpose of this Solicitation is to provide qualified vendors with sufficient information regarding the City's needs in order to adequately prepare and submit a Proposal. Proposals must be received by the date and time established in this solicitation. Once the deadline has passed, Proposals will not be able to upload to the BidNet site. Proposals are proprietary working documents offered by prospective vendors and, as such, are not subject to public inspections until an official award is made.

2. PREPARATION AND SUBMISSION

Offers will be prepared as follow:

a. A blank shall be construed as "No Bid/not offered". Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

b. Vendors will not knowingly participate in solicitations where there exists a conflict of interest with their firm and a member of City staff or their immediate family.

c. Solicitations and addenda are available at WWW.BIDNETDIRECT.COM. Registration is available to receive email notification of new solicitations, addenda and communications.

d. Vendors who qualify their Offers by requiring alternate contractual terms and conditions as a stipulation for contract award, must include such alternate terms and conditions in its Offer. The City reserves the right to declare the vendor's Offer as non-responsive if any of these alternate terms and conditions are in conflict with the City's terms and conditions, or its best interest.

e. Once Offers have been opened, the City shall not consider any subsequent submissions of alternate terms and conditions.

3. MODIFICATION OR WITHDRAWAL OF OFFERS

Modifications to Offers- Changes to the Offer after the submission deadline shall be allowed only when the vendor can show convincing evidence that an unintentional factual mistake was made. Modification requests must be made in writing. Any modification submitted to the City must have the vendor's name, address, Solicitation Number and title included.

Withdrawal of Offers- Offers may not be withdrawn after the deadline for the Solicitation for a period of ninety (90) calendar days.

If an Offer is withdrawn by the vendor during this ninety (90) day period, the City may, at its option, suspend the vendor and may not

R1-32025 7 accept any Offer from the vendor for a six (6) month period following the withdrawal.

4. REJECTION OF OFFERS

a. The City may reject an offer, in whole or in part, for reasons including, but not be limited to:

i. The vendor misstates or conceals any material fact in its Proposal;

ii. The vendor's Offer does not strictly conform to the law or requirements of the Solicitation;

iii. The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Special

Conditions;

iv. The Offer does not include documents which are required for submission with the Offer; or

v. The Offer has not been executed by the vendor through an authorized signature.

b. The City may, at its sole and absolute discretion:

i. Reject all or parts of Offers submitted by prospective vendors;

ii. Re-advertise this Solicitation;

iii. Postpone or cancel the Solicitation;

iv. An Offer may not be accepted from, nor any contract be awarded to, any person or firm which

(a) is in arrears to the City for any debt or Contract, or is a defaulter as surety for any obligation to the City.

(b) has failed to perform faithfully any previous contract with the City, State or Federal governmental for a minimum period of one (1) year after this previous Contract was terminated for cause.

(c) has pending litigation against the City on the date and time that the Solicitation is due.

5. BEST VALUE AGENCY

The City of Arvada is a best value agency. Best value means a technique in a competitive solicitation process which emphasizes value over price and permits the evaluation of criteria such as, but not limited to, qualifications, experience, and performance data to determine the best overall value to the city. It is solely incumbent on the staff of the City of Arvada to conduct due diligence to determine best value prior to award.

6. METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN PROPOSAL:

The selection process will consist of evaluation of qualified proposals received based on the criteria outlined in this RFP.

Presentations may be requested to confirm or clarify the information contained in the proposal responses. It is the intent of the City to award a contract to the vendor(s) who receives the highest score from the City's RFP Evaluation Committee.

The Committee will score written Proposals by reviewing documentation submitted by the vendors. Evaluation will be based on the following criteria:

1) Firm Capabilities & assigned staff experience

2) Scope of submission

3) Effective Project Approach, design, installation plan, schedule and safety plan

4) Price/total cost of ownership to support best value for products and services

5) Performance Measures included in the proposal if a service over $15,000

Exceptions to specifications or terms and conditions may result in submission being deemed non-responsive.

7. PRESENTATIONS

A second phase MAY be incorporated, in which the Committee will invite a limited number of vendors who received high scores during phase one, to provide an oral presentation. The evaluative score from the oral presentations will determine the top rated vendor(s).

8. PROPOSAL FORMAT REQUIREMENTS

Written proposal should include the information in the format outlined below and be limited to no more than twenty (20) pages.

Required City forms, resumes, title pages are excluded from page count. Information should be concise, without extraneous content.

Refrain from submitting generic marketing materials, alternate and unapproved agreements, and any other information not requested.

All information should be contained in in one pdf file, with sections bookmarked. The file name should start with proposer’s name, then the proposal number. Imbedded links for required information are NOT acceptable. All information that proposers want evaluated must be contained in the pdf file.

a. Cover & executive summary

b. Detail Firm’s and assigned staff capabilities, experience, qualifications, licenses and certifications

c. Details of proposal – Project Approach, design, installation plan, schedule and safety plan as it applies to the Statement of

Work

d. Previous projects of similar size and scope, with references

e. Fee Schedule/Cost Proposal – cost for services and actions outlined in the Statement of Work

f. Completed attached City submittal forms and all other forms or attachments specifically requested

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STATEMENT OF WORK

BACKGROUND AND OBJECTIVES

The City of Arvada is seeking proposals for the design, supply of materials, and construction of a prefabricated metal building at 18975 West 66th Ave. Arvada, CO 80007. This structure will be used as a storage and maintenance facility for heavy equipment. This project includes but is not limited to the design, fabrication and erection of a prefabricated metal building approximately 60ft long x 40ft wide.

SUMMARY DESCRIPTION OF WORK TO BE PERFORMED

Contractor to be responsible for foundation design based on the attached geotechnical soils report. If additional geotechnical work is required, the contractor is to include that in their proposal. All survey work will be required by the contractor. Work shall be in accordance with state and local codes and requirements. It is the intention of this Request for Proposals to include all costs for the design, approval, and construction of the information herein. All contractors and design professionals that participate in this project shall be required to show proof of licenses and/or certifications as required by the state of Colorado. The architectural plans, steel building, mechanical, plumbing and electrical plans will need to be reviewed by the City’s development division in one package.

1. Steel Building: The structure shall include a 60ft long x 40ft wide steel structure, footers, materials, erection, and site cleanup upon completion. Contractor shall be responsible for all waste removal and disposal of all spoils. The City has performed 2 on site geotechnical borings for foundation design purposes, see Exhibit A. Any other geotechnical borings will be at the expense and responsibility of the contractor. An Engineer licensed in the state of Colorado shall approve final metal building and foundation design. FFE of new structure shall be 12” higher than surrounding grade. Bottom of base plates shall be at FFE.

2. Utilities:

a. Potable water and sewer are not expected to be needed

b. Power poles in vicinity with pole mounted transformers. Currently there is a 200amp, 1Ø, 240V service at the bottom of the pole. We will likely need to upgrade the drop of the overhead transformer.

c. No gas is in the vicinity

d. Telecom – only needed for bid option if exercised via radio relay.

3. Siding, Roofing and Trim: Steel siding, roofing, and trim material shall be at the discretion of the City of Arvada. Metal panels and trim color determined by the City from manufacturers full color palette. Building shall include downspouts and gutters sufficient for proper water shed.

Contractor to install splash blocks. Base price roofing material shall be standing seam metal roof. Walls will be insulated to a minimum of R-19 and the roof to a minimum of R-30.

4. Roof and Wall structure loading considerations: Will conform to the City of Arvada building codes which can be found here https://www.arvadaco.gov/165/Adopted-Building-Code.

Structure will be able to withstand 150 mph wind loads.

5. Foundation - The Contractor shall provide pricing that includes all material and labor for the design and installation of the correct concrete foundation for the building determined by the completed geotechnical report. This slab shall accommodate a John Deer 544 loader, F250 pickup trucks, and various trailers, skidsteers, etc.

https://www.arvadaco.gov/165/Adopted-Building-Code

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6. Openings – Two automatic/motorized roll up doors will be required on the east and southwest faces. These doors will accommodate the loaders and vehicles and are expected to be 20ft wide and 14ft high. The doors will be insulated and weather tight. Construction will either be steel or stainless steel. The garage doors will be protected by bollards on both sides and a ramp for smooth vehicle access.

One man door will be required on the Southeast side of the building. Construction to be steel, insulated, primed and painted. Door hardware will include a panic exit device with a keyed entrance compatible with a 7 pin, small format interchangeable Medeco core. The man door will be accompanied by a concrete sidewalk for access.

7. Mechanical - The heating system will be designed and installed to maintain a temperature of 60°F during the winter months. Floor radiant is preferred if possible, however unit heaters are acceptable. An automatic exhaust fan is to be designed and installed to ventilate the space at a set temperature during the summer months. The setpoints for this fan should be adjustable.

8. Electrical – The building will have (10) 120V outlets evenly distributed throughout the building.

Additionally, (2) outlets will be installed in the ceiling for overhead reels. Space for (4) future 240V 50amp breakers for additional loading. All lighting will be LED. Exterior lighting will be included and controlled by a daylight sensor.

9. Fire Safety – A fire suppression and alarm system is not expected to be required. Designer will verify these requirements. Contractor will install the correct amount of extinguishers and a knox box by the man door for fire dept access.

10. Codes and Design Review Requirements - All testing shall be the responsibility of the contractor with all reports submitted to the City for review. At minimum, concrete, and bolt tightness testing will be required. Specifications for all materials used for this project shall be of commercial grade. Proposal shall include minimum design standards used for the pricing of this RFP. Submit the stamped drawings to the City of Arvada developmental review via eTrakit as part of the sealed construction drawings for review and approval.

11. Testing - All testing shall be the responsibility of the contractor with all reports submitted to the City for review. At minimum, concrete, and bolt tightness testing will be required. Specifications for all materials used for this project shall be of commercial grade. Proposal shall include minimum design standards used for the pricing of this RFP.

12. Optional Proposal Item – Man door to be integrated with an access control system for badge reader access and alarmed doors. System to be monitored over radio relay.

13. Construction Documents – Contractor/Designer of Record will provide a complete digital set of as-builts drawings once project is completed.

14. Pre-proposal Responsibilities and Representations – Contractor/Designer shall be solely responsible for examining the RFP Documents, including any addenda issued, and any and all

R1-32025 10 conditions which may in any way affect your Proposal or the performance of the Work on the Project, including but not limited to:

• Attend the mandatory pre-proposal meeting and become familiar with and satisfy itself as to the general, local, and site conditions that may affect the fees required to be submitted with their respective proposal

• Address all potential impacts with third parties and ensure all such impacts have been identified and included in your proposal

• Contractor must be familiar with and aware of all federal, state, and local laws and regulations that may affect the cost, progress, or performance of its work on the Project

• Contractor must be able to maintain emergency egress during construction

• Contractor must be able to communicate and coordinate all milestones and construction processes to ensure project doesn’t impede on City’s operations

15. Project Schedule - The proposal shall include a construction schedule for the project. At a minimum the proposal shall show: (i) milestones (ii) release dates for long lead items; (iii) release dates for key subcontractors; and (iv) Substantial and Final Completion Dates. The Schedule shall include durations and logic ties for path of construction activities.

16. Work Hours - Monday through Friday 7:00 AM MT to 5:00 PM MT. Prior approval with the project manager will be required 72 hours in advance for afterhours work.

17. Minimizing Damages – During all phases of construction including cleanup, contractor shall operate all equipment and utilize personnel so as to minimize or prevent damages to public or private property. Contractor shall limit operation of heavy equipment to safe prudent speeds and minimize operation of equipment over concrete sidewalks, curbs and gutters. Contractors shall also conduct operations to avoid dings, nicks, gouges, scrapes, etc., on streets and concrete curb, gutter and sidewalks as well as other facilities in the construction area. Should contractors’ operations cause damages, the contractor shall be fully responsible for repairs at no cost to the City. All public or private property damaged during the construction process must be repaired within two weeks of street and right-of-way clean- up. Should repair items not be completed within two weeks, the City may initiate and complete the repair work; deducting costs to complete the work from the total contract.

18. Warranty – Contractor to provide a minimum of 2-year warranty on materials and craftsmanship.

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R1-32025 11

REQUIRED VENDOR SUBMITTAL FORM

SUBMITTED BY:

Company Name: _______________________________________________________________________________________

Contact Names: Sales/Customer Service ____________________________________________________________________

Address: _____________________________________________________________________________________________

Phone: (______) ____________________ Email(s): __________________________________________________________

The undersigned hereby affirms that:

• They are a duly authorized agent of the vendor;

• They have read all Terms and Conditions and technical specifications made available in conjunction with this solicitation and fully accepts and acknowledges this offer is consistent with the specifications and terms and conditions, unless specific variations have been clearly and expressly listed in the offer.

• The Offer is in all respects fair, without outside collusion or otherwise illegal action.

By:__________________________________ ______________________ _______________________________ Signature of Authorized Agent Date FEIN

Typed/Printed Name of Agent Title of Agent Agent email

Type of Business: Corporation, State of Incorporation Partnership (general)

Partnership (limited) Sole Proprietorship Limited Liability Company Other ________________

Address of main business office, principal factory, or warehouse if different from above:

Principal line of business:

Number of years in present business:

REFERENCES:

� Check here if Firm’s standard reference sheet is attached, otherwise, use the space below.

Name: ___________________________________________ Contact Person: ________________________

Address: __________________________________________________________________________________

Telephone No: ______________________________________ Email: _______________________________

Describe type of work/service performed or items supplied: _________________________________________

Name: ___________________________________________ Contact Person: ________________________

Address: __________________________________________________________________________________

Telephone No: ______________________________________ Email: _______________________________

Describe type of work/service performed or items supplied: _________________________________________

R1-32025 12

References continued:

Name: ___________________________________________ Contact Person: ________________________

Address: __________________________________________________________________________________

Telephone No: ______________________________________ Email: _______________________________

Describe type of work/service performed or items supplied: _________________________________________

PAYMENT TERMS: If the vendor does not accept a percentage discount, the City standard is net thirty (30) days after the date that the City receives an accurate invoice and has accepted the product or service. Payment is the date of the check mailing or date of the credit card transaction.

Discount: ____% ____ Days, Net: 30 Days, Accept Visa without additional fee? ________________

SUBMITTAL CHECKLIST:

Proposals shall be submitted in the order listed below, unless otherwise directed in Administrative Information, with each section clearly identified. Missing information or required documents may result in submission being deemed non-responsive.

Submit one pdf document on-line at BidnetDirect.com (File Name: Company name – Solicitation number)

Cover & Executive Summary

Detail Firm’s and employees’ Capabilities, Experience, Licensing, and Certifications, if applicable

Details of Proposal – Proposed Design, products & services, schedule, safety plan and warrantees

Completed, signed Required Vendor Submittal Form, Performance Measures and any other attachments requested

Pricing – All fee and costs associated with the offering. Use the City provided form if included in solicitation.

CONFIRM:

CONFIDENTIAL information, if any, MUST be stamped as such on each page and submitted separately.

VARIATIONS: Checking this box indicates that the vendor has variations to this solicitation. Identify all variations and exceptions to this solicitation on a separate sheet/s of paper. If variations are not stated in the vendor's Offer, it shall be agreed that the vendor's Offer fully complies with all conditions identified in this Solicitation. For each variation listed, reference the applicable section of the solicitation document, the page number, and the variance. Submittal of a Vendor Contract is considered excessive in Variations and may be cause for determining that the proposal/Offer is non-responsive and ineligible for award.

Insurance – Checking this box accepts that the insurance requirements listed by the City are acceptable unless listed as a variation.

Initial to acknowledge receipt of Addenda, if any:

#1 _________________________ #2 ______________________ #3 ______________________

R1-32025 13

VENDOR NAME:

SOLICITATION # 25-FAC-035 Pre-Fab Building – Ralston Water Treatment Plant

PERFORMANCE MEASURES FORM INSTRUCTIONS:

The City has incorporated Performance Management into its organizational culture. When vendors submit offers to the City in response to solicitations for Services (not associated with the primary purchase of goods, supplies, or software), they shall identify the methods and goals by which the City will monitor and report on the Vendor’s performance providing those services to the City. Vendor’s performance shall be documented as to (a) Price/Cost, (b) Punctuality/Responsiveness (c) Quality/Reliability, and (d) Sustainability/or Innovation.

1. Vendor will define 1-2 measures for (a) Price/Cost, (b) Punctuality/Responsiveness (c) Quality/Reliability, and (d) Sustainability/or Innovation, that follow S.M.A.R.T goals: Specific, Measurable, Achievable, Relevant, and Timely, per category.

2. The awarded vendor will be evaluated by the City per these defined metrics 2 months prior to contract renewal.

The department will review with the vendor any measures needing improvement.

SERVICES means: the furnishing of labor, time, effort, maintenance, etc., by a vendor/contractor/consultant, with an initial contract amount of more than $15,000.

(a) Price/Cost Example Measure: Consultant will submit detailed invoices substantiating amounts requested.

1. ____________________________________________________________________________________

2. ____________________________________________________________________________________

(b) Punctuality/Responsiveness Example Measure: Reporting of project status will occur monthly with the City and consultant’s Project Manager.

1. ____________________________________________________________________________________

(c) Quality/Reliability Example Measure: Revisions are drafted within two weeks, and no more than 3 revisions prior to final draft.

1. ____________________________________________________________________________________

(d) Sustainability and/or Innovation Example Measure: Digital reports delivered to the City 95% of the time will to reduce the use of paper.

1. ____________________________________________________________________________________

Performance measures will be queried for every year of the contract. Performance measures reporting will be considered when renewing or awarding a contract with a vendor.

Engineering

City of Arvada

Index Contours - 5 Foot

2/3/2025, 3:12:56 PM

0 0.06 0.110.03 mi

0 0.09 0.180.04 km

1:4,514

City of Arvada

City of Arvada

Micahel Hodyno Callout 18975 West 66th Ave. Arvada, CO 80007

Micahel Hodyno Callout Site Location

Micahel…