BID 25-004 PALLET BUILDING BATHROOM.pdf

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REQUEST FOR PROPOSALS #25-006 INDUSTRIAL PARK RAILROAD ST. BATHROOM

Request for proposals

The City of La Junta will receive sealed bids up to the hour of 2:00 PM (MT) on 07/08/2025, for the following project. Bids must be submitted via email, through BidNet Direct or in person by this time.

BID# 25-006

BID NAME: LA JUNTA INDUSTRIAL PARK 277I6 RAILROAD ST. BATHROOM

IN GENERAL THIS PROJECT WILL CONSIST OF: The construction of a 8 FT. x 14 FT. ADA Compliant bathroom located at 27786 Railroad St. in the Industrial Park (Ark Valley Pallet Company Building) in

La Junta CO 81050. This bathroom will include a closet and will need connection to the City sewer main and to the City water meter. A handwashing/utility sink will need to be included directly outside the construction of the lavatory.

Bidders shall inform themselves of the conditions of the project site and the requirements of the project's scope of work before submitting their bid. No allowances shall be made by reason of any matter or thing concerning which they might not have been fully informed prior to the bidding. No

Bidder will be heard after the opening of bids to assert that there was any misunderstanding as to the nature of the operation expected in this solicitation. (RFP) documents can be obtained via the

City Purchasing Department as stated above. The City is not responsible for bidding errors resulting from Bidders’ failure to follow this requirement. Bidders must follow the submittal procedures outlined in the documents. The City reserves the right to reject any or all bids for any or all items covered in the Request for Proposals, to waive informalities or defects in bids, or to accept such bids as it shall deem to be in its best interest.

RFP documents can be obtained via:

1. In person at: Purchasing Department 515 Lacey Ave. La Junta CO

2. Email: Upon request to jennifer.hinkhouse@lajuntacolorado.org

3. Bidnet Direct https://www.bidnetdirect.com

Bidders must follow the submittal procedures outlined. The City reserves the right to reject any or all bids for any or all items covered in the RFP, to waive informalities or defects in bids, or to accept such bids as it shall deem to be in the best interest of the City.

mailto:jennifer.hinkhouse@lajuntacolorado.org https://www.bidnetdirect.com/

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REQUEST FOR PROPOSALS BID# 25-006

LA JUNTA INDUSTRIAL PARK 27786 RAILROAD ST. BATHROOM

CITY OF LA JUNTA

601 COLORADO AVE.

LA JUNTA CO 81050

RELEASE DATE: JUNE 3RD

PRE BID: JUNE 30TH 2025 9:00 A.M.

DEADLINE FOR QUESTIONS: JULY 1ST 2025

BID OPENING: JULY 8TH 2025

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: jennifer.hinkhouse@lajuntacolorado.org

BIDNET: https://www.bidnetdirect.com/

IN PERSON: OFFICE OF PURCHASING DIRECTOR, 515 LACEY AVE. LA JUNTA CO 81050

CITY OF LA JUNTA BID# 25-006

GENERAL INFORMATION

II. PERTINENT INFORMATION

III. SPECIAL PROVISIONS

IV. LABOR PROVISIONS

V. GENERAL PROVISIONS

VI. VENDOR SUBMISSIONS

VII. SUBMITTAL REGISTER

1. GENERAL INFORMATION

TO WHOM IT MAY CONCERN: The City of La Junta will receive sealed bids up to the hour of 2:00

PM ON TUESDAY JULY 8TH 2025 for the following project. Bids must be submitted electronically via email at jennifer.hinkhouse@lajuntacolorado.org , by Bidnetdirect at https://www.bidnetdirect.com/ or in person at 515 Lacey Ave. La Junta CO 81050.

mailto:jennifer.hinkhouse@lajuntacolorado.org

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BID NO.: 25-006

BID NAME: INDUSTRIAL PARK RAILROAD ST. BATHROOM

In general, this project will consist of: The construction of a 8 FT. x 14 FT. ADA Compliant bathroom located at 27786 Railroad St. in the Industrial Park (Ark Valley Pallet Company Building) in La Junta CO 81050. This bathroom will include a closet and will need connection to the City sewer main and to the City water meter. A handwashing/utility sink will need to be included directly outside the construction of the lavatory.

Bidders shall inform themselves of the conditions of the project site and the requirements of the project's scope of work before submitting their bid. No allowances shall be made by reason of any matter or thing concerning which they might not have been fully informed prior to the bidding. No

Bidder will be heard after the opening of bids to assert that there was any misunderstanding as to the nature of the operation expected in this solicitation. (RFP) documents can be obtained via the

City Purchasing Department as stated above. The City is not responsible for bidding errors resulting from Bidders’ failure to follow this requirement. Bidders must follow the submittal procedures outlined in the documents. The City reserves the right to reject any or all bids for any or all items covered in the Request for Proposals, to waive informalities or defects in bids, or to accept such bids as it shall deem to be in its best interest.

2. PERTINENT INFORMATION

2.1. Contact Information

Purchasing Department Property Management/Project Manager

515 Lacey Ave. 601 Colorado Ave.

La Junta CO 81050 La Junta CO 81050

Email: jennifer.hinkhouse@lajuntacolorado.org Email: brock.hinkhouse@lajuntacolorado.org

Phone: (719) 384-7546 Jennifer Hinkhouse Phone: (719) 469-0231 Brock Hinkhouse

2.2. Timeline:

PROJECT RELEASE DATE JUNE 3RD

PRE BID MEETING 9:00 A.M. JUNE 30TH

QUESTION SUBMISSION DEADLINE JULY 1ST

BID OPENING JULY 8TH

3. SPECIAL PROVISIONS

3.1. GENERAL INSTRUCTIONS

All specifications included in the Special Provisions shall have precedence over and will govern in the event of a conflict with other sections contained in this document. Bidders are mailto:jennifer.hinkhouse@lajuntacolorado.org

4 | P a g e responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. Failure to do so will not relieve a

Bidder from any obligation or responsibility to understand and comply with all requirements and conditions for this project. All bids must be received at the City’s Purchasing Department before the time specified.

3.2 SPECIFICATION LANGUAGE

Specifications may be written in abbreviated style with incomplete sentences. Omission of words such as “The General Contractor shall”, “Conforming to”, “shall be”, etc., are intentional; omitted words shall be supplied by inference. Where words “approved”, “satisfactory”, “directed”, “submitted”, etc., are used it shall be assumed that the words “Project Manager” follows, such as

“approved by the Project Manager”.

3.3. DEFINITION OF PROJECT MANAGER

The term “Project Manager” as used in Sections GENERAL PROVISIONS Authority of Project Manager

(a) and (b), of GENERAL PROVISIONS , shall mean City Project Manager, the “(Consulting Project

Manager or Architect”) with respect to all questions relating to the conformance of the work with the technical requirements of the plans and specifications, interpretation of the technical requirements of the plans and specifications, and with respect to the rejection of work and materials which do not conform.

3.4. APPROVED EQUAL

An approved equal, where noted, may be considered by the City. For consideration as an approved equal, a complete manufacturer’s submittal must be presented to the Project Manager at or before the pre-bid meeting. If approved, an addendum will be issued that lists all approved equal products or materials. No other products or materials will be considered.

3.5. INCONSISTENCIES

Any inquiries regarding seeming inconsistencies between the Plans and Specifications for this project must be made by July 1st 2025 at 2:00 (MT).

3.6. EQUAL OPPORTUNITY CLAUSE

The following Equal Opportunity Clause shall be included in each government contract entered into by the City: During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, creed or age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, 5 | P a g e gender identity. national origin, creed or age. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, creed or age.

C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

D. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The contractor will furnish all information and reports required by Executive Order No. 11246 of

September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the

Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further

Government contracts in accordance with procedures authorized in Executive Order No. 11246 of

September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in

Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of

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Labor, or as otherwise provided by law.

H. The contractor will include the provisions of paragraphs (1) through (8) in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR46501, 3 CFR, 1978 Comp.,

p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]

3.7. COMPLIANCE WITH AIR AND WATER ACTS

This Contract Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFS Part 15, as amended from time to time. The contractor shall comply with the following requirements:

A. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

B. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air

Act, as amended, (42 USC 1857c 8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

C. A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of

Violating Facilities.

D. Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions.

3.8. INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF GRANTEE, MEMBERS OF LOCAL GOVERNING

BODY, OR OTHER PUBLIC OFFICIALS

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No members, officers, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Grantee's officers, employees, and agents shall never solicit nor accept gratuities, favors, or anything of monetary value from contractors.

3.9. SITE INVESTIGATION

By submitting a bid, Contractor acknowledges the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, uncertainties of weather, physical conditions at the site, the character/quality of surface and subsurface materials to be encountered, the character of equipment and facilities needed prior to and during the work, and all other matters which can in any way affect the work or the cost thereof under this Contract. Failure by Contractor to acquaint themself with all the available information concerning these conditions will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing the work.

3.10. SAFETY REGULATIONS

The Contractor shall be aware of and shall comply with all State and Federal Safety regulations which are applicable to the work included under this Contract. Enforcement will be by the proper State and

Federal regulatory agencies. If any construction activity is deemed to be unsafe for inspection, Contractor shall, upon notification, discontinue work until the deficiencies are corrected and the job can be properly inspected.

3.11. EMERGENCY REPAIR OR PROTECTIVE WORK BY THE CITY OF LA JUNTA

As referenced in Sections PROTECTION OF THE PUBLIC, WORK, AND PROPERTY and ACCIDENT

PREVENTION of the GENERAL PROVISIONS , it is the Contractor’s responsibility to provide adequate barricades, protective devices and safety measures, and to employ other precautionary means for the adequate protection of the public, the work, and public/private property from injury or loss. Should the City become aware of any condition or circumstance arising from the work, or with respect to any excavation or areas disturbed by Contractor which, in the opinion of the Project Manager, creates or results in any imminent or unreasonable risk to the health/safety of the public or to public/private property, the City may undertake emergency work or repairs. Such work may include, by way of illustration, provision of barricades, traffic control devices or flagmen, deployment or warning signs, repair of lines under construction, repair of collapsed excavations or sinkholes, placement of sandbags or dams, and other emergency efforts. The determination of the necessity during the

8 | P a g e construction and warranty periods for the City to do any such emergency work or repairs shall rest entirely with the Project Manager. The cost of emergency work done by the City, including the actual cost of labor, equipment, and materials, plus 100 percent, shall be deducted from any amounts otherwise owed to Contractor, or may be invoiced to Contractor, or the same amount shall be recovered from Contractor’s performance bond.

3.12. REPRESENTATIVE AVAILABLE FOR EMERGENCY CALLS

The Contractor shall provide the name, address and phone number of a representative who may be reached at any time during the life of the Contract regarding repairs, detours, barricading, etc. This information shall be furnished in writing to the Project Manager.

3.13. SITE RESTORATION AND CLEANUP

Contractor shall maintain and/or repair any damage done to all existing properties, public or private, adjacent to site improvements, including but not limited to, asphalt, base course, utilities, sod, irrigation systems and landscaped areas. In general, disturbed areas shall be replaced to the lines, grades, thickness, and like materials of the existing conditions unless otherwise stated on the plans.

Restoration shall be consistent with that of areas adjacent to the limits of construction. Grass and other plant areas shall be restored, maintained, and irrigated until final acceptance by the Project

Manager. Fabric shall be installed under all rock landscape areas. Any landscape material salvaged by

Contractor for reuse will not be acceptable if contaminated by dirt or different landscape material.

Slopes to match from the new improvements to existing improvements shall not exceed a 4:1 slope.

All work to relocate existing irrigation sprinklers which conflicts with the new construction shall be considered site restoration. The accuracy of information furnished regarding existing irrigation systems is not guaranteed. The locations are approximate and may not include all irrigation system components. Contractor shall determine the exact location of all irrigation systems before commencing work and shall be fully responsible for any damage resulting from failure to locate and protect all irrigation systems. Site restoration and cleanup will not be measured or paid separately but shall be included in the unit prices for each bid item. Partial payments will not be made on any bid item until the restoration and cleanup associated with that item is satisfactorily complete and acceptable to the Project Manager.

3.14. UTILITY LOCATIONS

The accuracy of information furnished in regard to underground utilities is not guaranteed. The utility locations are approximate and may not include all utilities. Contractor shall determine the exact location of all utilities before commencing work. Contractor shall be fully responsible for any damage which might occur due to Contractor’s failure to locate and protect all utilities. Contractor shall repair or have repaired, at no cost to the City, any damage to utilities. Existing utilities include

9 | P a g e gas, water, service lines, meters, meter cans, buried telephone cables, buried power lines, pedestals, utility poles, sanitary sewer, manholes and services, and any other existing utility.

3.15. OVERHEAD AND/OR UNDERGROUND HIGH VOLTAGE POWER LINES

Unless danger against contact with high voltage overhead and/or underground lines has been effectively guarded against, Contractor shall not perform any function/activity upon any land, building, highway, or other premises if at any time during the performance of any function/activity it could move or be placed within ten (10) feet of any high voltage overhead and/or underground line. If work is to be performed within ten (10) feet of high voltage overhead and/or underground lines, the public utility must first be notified to arrange for safety provisions. Contractor may perform the work only after arrangements, including coordination and payment of fees, if applicable, have been made with the utility company.

3.16. CONCRETE PERMIT

The “no fee” permit shall be obtained from the office of the City Project Manager, 601 Colorado Ave.

Any concrete work placed without benefit of both permit and inspection by the City Project Manager or his agents, will not be paid for.

3.17. COORDINATION OF CONSTRUCTION ACTIVITIES

Contractor and subcontractors shall coordinate work with all other construction activities and contractors; and cooperate with them to facilitate general progress of the work. Each trade shall afford other trades every reasonable opportunity for installation and storage of materials.

3.18. WORK BY OTHERS

Contractor shall coordinate work on the project with all work shown on the plans which is to be done by “others”. It is the Contractor’s responsibility to coordinate work with each entity and incorporate it into the project schedule. Irrigation water service by others.

3.19. COMPLETE WORK ON TIME

Failure to complete the work by the allotted one-hundred and twenty (120) calendar days shall result in the assessing of liquidated damages according to GENERAL PROVISIONS.

3.20. LAYING OUT WORK

Contractor shall locate all general reference points and take such action as necessary to prevent their destruction. Contractor shall lay out their own work and be responsible for all lines, elevations, and measurements of the building, grading, utilities, and other work executed under this Contract.

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Contractor shall exercise proper precaution to verify figures shown on the drawing before laying out work and will be responsible for any error resulting from failure to exercise such precautions.

3.21. CONSTRUCTION STAKING

All construction staking will be performed by the Contractor.

3.22. HOURS OF WORK

The Project Manager and the Inspection Division are available from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding holidays. Any work done outside of these hours must be approved by the Project Manager. The City reserves the right to be available with 24 hour notice.

3.23. ABANDONED UTILITIES

If during construction an abandoned utility is encountered Contractor shall contact and coordinate with the Project Manager to arrange for the removal of the utility. If Contractor elects to remove the utility without contacting the Project Manager, Contractor shall do so at no cost to the City.

3.24. PERMITS AND FEES

It shall be the Contractor’s responsibility to investigate and assess the requirements for all necessary environmental, drainage, and construction permits. The total cost of all permits or fees which may be required shall be included in the bid proposal. No additional payment shall be allowed for any permits or fees required to complete the project. Contractor shall comply with all conditions of the permits. City and/or other agency fines are the sole responsibility of the Contractor. A written list of all permits required for the proper completion of the project shall be included in the submittal packet. The list shall clearly identify the type of permit or permits that must be obtained before work on any particular phase or phases of work can be started.

3.26. COORDINATION WITH ADJACENT PROPERTIES

The contractor shall coordinate with all concurrent projects in the vicinity of this project, including but not limited to projects managed by the City of La Junta and Otero County. Coordination shall include traffic control to minimize conflict and confusion between overlapping temporary traffic control zones. This coordination is incidental.

3.27. SCHEDULE

Contractor shall plan, schedule, and report the progress of the work to ensure timely completion of

11 | P a g e the project. Contractor shall prepare and submit a project schedule that shall be used for coordination, progress evaluations, and assessment of proposed contract changes. The schedule shall show the logical progression of all activities required to complete the project, including those of subcontractors. Seasonal, weather, and traffic constraints and other project interferences shall be considered when preparing the project schedule. Days scheduled as “no work” days shall be indicated.

4. LABOR PROVISIONS

A. All contractors shall meet and comply with the following provisions which shall be contained in all municipal contracts:. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. The Contractor will take affirmative action in all areas of employment to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. Areas of employment shall mean and include, but shall not be limited to, the following: initial employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay, terms of compensation and selection for training, including apprenticeship. The Contractor will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph. Failure to subscribe to and accept the nondiscrimination and equal employment requirements of this Chapter shall render a bidder ineligible for a municipal contract award and ineligible to participate in the work for which a municipal contract award is made.

B. It is the policy of the City to provide equal opportunity in employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. It is hereby deemed and declared to be for the public welfare and in the best interests of the City to require bidders and contractors furnishing and providing work, services, supplies and materials to the City under municipal contracts not to discriminate in the hiring and promoting of employees in order to further equal employment opportunities for members of minority groups and women. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin.

C. Contractor will meet or comply with applicable State and Federal statutes. If the contract involves construction work or the providing of supplies or materials in excess of ten thousand dollars

($10,000.00) in the building and construction trades industry, Contractor shall have adopted and file with the City a copy of the Contractor’s complying Affirmative Action Program. A complying

Affirmative Action Program shall be a written affirmative action program meeting all the

12 | P a g e requirements of Chapter 60 of Title 41, Code of Federal Regulations (41 CFR, Chapter 60), including all parts and subparts thereof. This requirement applies regardless of whether Federal financial assistance has been provided for this project.

D. In the event of Contractor’s non-compliance with the State and Federal statutes, the Contract may be cancelled, terminated, or suspended, in whole or in part, and Contractor may be declared ineligible for further contracts with the City of La Junta.

E. Contractor will include the provisions of the above listed paragraphs (a) through (d) in every sub-contract entered in to by Contractor to provide and furnish work, services, supplies, or materials under a City project.

4.2. COMPLIANCE REVIEW

A. The City of La Junta shall have the power to review, upon not less than five (5) days notice, and during normal business hours, the employment practices of Contractor during the performance of every such City project, and of subcontractors during the performance of every sub-contract awarded thereunder, to obtain information relating to compliance or non-compliance with nondiscrimination and equal employment requirements.

B. When a written complaint is filed and an investigation by the City indicates that there has been a violation of this provision, or when a compliance review by the City indicates that a contractor or subcontractor has violated this provision, the City shall issue and cause to be served on said

Contractor or subcontractor a Notice of Violation. Such notice shall specify the violations and shall direct the Contractor or subcontractor to respond in writing within ten (10) days to show cause why the sanctions of the provision should not be imposed. The City shall forward a copy of the Notice of

Violation and the response of the Contractor or subcontractor to the City Manager within thirty (30) days from the date of such notice.

C. A City representative shall review the Notice of Violation and response and shall determine whether any violations have occurred. If the City representative has determined that a violation has occurred, they may impose such sanctions as deemed appropriate, including, but not limited to, suspending or terminating the Contract involved or any portion or portions thereof, or causing to be removed from the list of eligible pre-qualified contractors the names of contractors or subcontractors found to be in noncompliance with the non-discrimination and equal employment opportunity requirements of the provision and the provision of any such contract or subcontract awarded thereunder until such time as the City is satisfied that such contractors or subcontractors are in compliance with said requirements.

4.3. COMPLIANCE

By submitting a bid Contractor agrees to abide by the provisions herein set forth and will require any and all subcontractors to comply with said provisions.

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4.4. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION-PRIMARY COVERED TRANSACTIONS: (Applicable to all Federal-aid contracts per 49 CFR

29).

By signing and submitting a proposal, Contractor is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City or department’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the City or department determined to enter into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal

Government, the City or the department may terminate this transaction for cause or default. The contractor shall provide immediate written notice to the City or department to which this proposal is submitted if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the City or department to which this proposal is submitted for assistance in obtaining a copy of those regulations. The contractor agrees by signing and submitting a proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City or department entering into this transaction. The contractor further agrees by signing and submitting a proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion-Lower Tier Covered Transaction," provided by the City or department entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A contractor in a covered transaction may rely upon a certification of a subcontractor (prospective participant) in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A contractor may decide the method and frequency by which it determines the eligibility of its principals. Each contractor may, but is not required to, check the nonprocurement portion of the

"Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs" (Nonprocurement

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List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a contractor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City or department may terminate this transaction for cause or default. The Contractor hereby certifies to the best of its knowledge and belief, that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

B. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property.

C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State or local) with commission of any of the offenses enumerated in this certification; and

D. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

4.5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY

EXCLUSION APPLICABLE TO ALL SUBCONTRACTS, PURCHASE ORDERS AND OTHER LOWER TIER

TRANSACTIONS OF $25,000 OR MORE

By signing and submitting a proposal, the prospective lower tier participant is providing the certification set out below:

The certification in this clause is a material representation of fact upon which reliance was placed when the City or department determined to enter into this transaction. If it is later determined that the participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City or the department may pursue available remedies, including suspension and/or debarment. The participant shall provide immediate written notice to the City or department to which this proposal is submitted if at any time the participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed

15 | P a g e circumstances. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and

Coverage sections of rules implementing Executive Order 12549. You may contact the City or department to which this proposal is submitted for assistance in obtaining a copy of those regulations. The participant agrees by signing and submitting a proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City or department with which this transaction originated. The participant further agrees by signing and submitting a proposal that it will include the clause titled

"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier

Covered Transaction," provided by the City or department entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not proposed for debarment under

48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement

Programs. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City or department with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Participant certifies by signing and submitting a proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

5. GENERAL PROVISIONS

The provisions of this Section are of a general nature and are intended to apply to contract work of

16 | P a g e all types. Whenever any of these provisions do not apply to a specific contract, the exceptions are noted in SPECIAL PROVISIONS.

5.1. BIDDING AND CONTRACT EXECUTION: DEFINITIONS

The following terms, as used in these Contract Documents, are respectively defined as follows:

A. City: City of La Junta, Colorado

B. Closing Time: The scheduled closing time for the receipt of bids and the opening thereof.

C. Contractor: The person, persons, firm, or corporation to whom the within Contract is awarded by the City and who is subject to the terms of said Contract. Also, the agents, employees, workers, or assignees of said Contractor.

D. Project Manager: Unless otherwise stated in the Special Provisions, Project Manager shall mean the City Engineer for the City of La Junta, Colorado, or their authorized agents.

E. Work: All work contemplated by the Contract Documents and Specifications including materials, labor, supervision, and use of tools necessary to complete the project in full compliance with the terms of the Contract.

F. Notice: Where in any section of the Contract Document there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given (as to the City) when written notice shall be delivered to the Project Manager or shall have been placed in the United States Mail addressed to the Purchasing Department at the place where the bids, or proposals for the Contract were opened; (as to the Contractor) when a written notice shall be delivered to the chief representative of the Contractor at the site of the project to be constructed under the Contract or when such written notice shall have been placed in the United States mail addressed to the

Contractor at the place stated in the papers prepared by them to accompany their proposal as the address of their permanent place of business; (as to the Surety) on the performance and payment bonds when a written notice is placed in the United States mails addressed to the Surety at either the home office of such Surety or when such notice is placed in the United States mails addressed to the Commissioner of Insurance of the State of Colorado.

G. Project: The entire improvement proposed by the City to be constructed in whole or in part pursuant to the Contract Documents.

H. Subcontractor: A person, firm, or corporation, other than the Contractor, supplying labor and materials, or labor only, on work at the site of the project, having a direct contract with the

Contractor and including one who furnishes material worked to a special design according to the plans and specifications of this work, but not including one who merely furnishes material not so worked.

5.2. BIDDING AND CONTRACT EXECUTION: SITE EXAMINATION

A. Bidders shall inform themselves of the conditions under which the work is to be performed, concerning the site of the work, the structure of the ground, obstacles which may be encountered, availability of labor and all other relevant matters concerning the work to be performed. Where soil reports or test boring logs indicating underground conditions are provided or shown on the plans, such information shall be considered only as indicative of conditions as observed at the time and place indicated, and the City in no way warrants the accuracy or reliability of said reports or boring

17 | P a g e logs and is not responsible for any deduction, interpretation or conclusion drawn therefrom by the

Contractor. Contractor acknowledges that the City shall not be held responsible for any variance in conditions or unforeseen conditions encountered at the time of actual construction. It shall be the responsibility of the Contractor to satisfy themself by such methods as they deem necessary prior to the letting as to underground conditions, structures, and obstacles to be encountered.

B. The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any matter or thing concerning which they might fully have informed themself, prior to the bidding. Misunderstanding as to the amount of work, availability of materials or labor shall be no cause for failure to enter into the Contract or to perform the same.

C. The successful Contractor will be required to employ, so far as possible, such methods and means in the carrying out of their work as will not cause any interruption or interference with any other Contractor.

5.3. BIDDING AND CONTRACT EXECUTION: SUSPENSION AND DEBARMENT

A. Bidder acknowledges that as of the solicitation submittal date, neither the Contractor, nor its subcontractor(s), is (a) debarred, suspended, or subject to any proceeding for debarment or suspension with a final determination still pending; declared ineligible or voluntarily excluded

(as such terms are defined in any of the Debarment Regulations) from participating in procurement or non-procurement transactions with any Federal, State, or City government department or agency pursuant to any of the Debarment Regulations, or (b) indicted, convicted or had a Judgment rendered against the Contractor, or its subcontractor(s) for any of the offenses listed in any of the Federal, State, or City’s Debarment Regulations and no event has occurred and no condition exists that is likely to result in the debarment or suspension of the

Contractor, or its subcontractor(s), from contracting with the City of La Junta, Federal or State government, or any agency or instrumentality thereof.

5.4. BIDDING AND CONTRACT EXECUTION: STATEMENT OF BIDDER’S PLANT AND FINANCIAL

CONDITION

A. Each bidder may be asked to submit the following data within seven (7) days upon demand of the Purchasing Agent.

1. A statement that the bidder maintains a permanent place of business and address thereof;

2. A statement of the equipment which the bidder proposes to use on the project, together with a statement identifying that equipment previously mentioned which the bidder owns and that which bidder does not own, but is certain they will be able to rent or otherwise procure for use on the project;

3. A financial statement, duly sworn to and in form approved by the City, listing assets and liabilities;

4. Statement listing projects of similar nature which the bidder has constructed or in the construction of which the bidder was actively engaged in a responsible capacity;

5. A statement that the bidder: (i) is not presently debarred or suspended by the Colorado State purchasing director or the head of any Colorado purchasing agency, (ii) is not listed on any federal government list of debarments, suspensions or voluntary exclusions, including but not limited to, 18 | P a g e the List of Parties Excluded From Federal Procurement or Nonprocurement Programs maintained by the General Services Administration, and (iii) neither bidder nor any person or firm who has an interest in bidder's firm is a person or firm ineligible to be awarded a federal government contract by virtue of any provision of federal law. In the event bidder cannot truthfully make the required statement, bidder shall furnish a detailed statement indicating the reasons therefore.

B. By submitting a bid, bidder authorizes the City to obtain information concerning bidder's performance on other projects it has performed during the prior five (5) years, including those listed by bidder and those not listed which City may become aware of. The bidder also waives and releases all claims against owners, architects, and Project Managers, and their agents and representatives, relating to or arising from the furnishing of such information to the City concerning bidder's performance on prior projects. In order to effectuate the intent of this clause, bidder may be required by City to execute information release authorization forms.

C. Any bidder may be required by the City to submit additional data to satisfy the City that such bidder is prepared to fulfill the Contract if it is awarded to them.

D. The failure of bidder to furnish any information which is or may be required to be furnished under this section shall be grounds for determining bidder not responsible.

5.5. BIDDING AND CONTRACT EXECUTION: CONDITIONS IN A BIDDER’S PROPOSAL

A bidder shall not stipulate in their proposal any conditions not contained in the Contract

Documents.

5.6. BIDDING AND CONTRACT EXECUTION: QUANTITIES

Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities listed in the proposal and shall not after submission of their proposal, dispute or complain of such estimate, nor…