biddoc.pdf

CARSON PARK IMPROVEMENTS – PHASE 2

REQUEST FOR BIDS

Issued By:

City of Greenwood Village

10001 E. Costilla Ave.

Greenwood Village, CO 80112

September 2026

Department of Parks, Trails, and Recreation

TABLE OF CONTENTS

BID INFORMATION

ADVERTISEMENT FOR BIDS

INSTRUCTIONS TO BIDDERS

BID FORM

BID SCHEDULE

SAMPLE CONSTRUCTION AGREEMENT

PART 1. DEFINITIONS

PART 2. TIME

PART 3. CONTRACTOR'S RESPONSIBILITIES

PART 4. TERMINATION

PART 5. EQUIPMENT AND MATERIALS

PART 6. BONDS, INSURANCE AND INDEMNIFICATION

PART 7. PAYMENT

PART 8. MISCELLANEOUS

PERFORMANCE BOND

PAYMENT BOND

BID INFORMATION

ADVERTISEMENT FOR BIDS

Notice is hereby given that the City of Greenwood Village, Colorado (the "City") will receive bids by electronic submission through the Rocky Mountain E-Purchasing System (www.bidnetdirect.com), until 1:00 pm MST on October 1, 2026, for the Carson Park Improvements – Phase 2 project. The work is to be performed by a qualified contractor and includes the construction of concrete sidewalk, an outdoor amphitheater, electrical and lighting improvements, and landscaping.

The plans and specifications are available electronically via Rocky Mountain E-Purchasing (www.bidnetdirect.com), which can also be accessed through the Greenwood Village website (www.greenwoodvillage.com/bids). The City reserves the right to reject any and all bids, and to make final determination in the event of duplications. No bid may be withdrawn for a period of sixty (60) days after the date set for opening thereof.

The City requires a certified or cashier's check, or a corporate surety bond in the amount of five percent (5%) of the total bid amount before the City can accept or consider any bid. The bid and the deposit shall be filed with the City’s Office, securely sealed and endorsed on the outside with a brief statement as to the nature of the item or work for which the bid is provided. Upon a bid award, such bond shall be returned to the unsuccessful bidder(s). In the case of the successful bidder, the bid bond will be returned upon receipt of the required payment and performance bonds, each in the full amount of the contract price. An electronic bid opening will occur at 1:01 p.m., October 1, 2026. Bid results will be shared with interested parties and will also be available through the Rocky Mountain E- Purchasing System.

Any questions should be directed to:

Josh Morin Senior Project Manager – Parks, Trails, and Recreation Email: jmorin@greenwoodvillage.com Phone: 303-708-6113

FIRST POSTED: September 8, 2026 PUBLISHED IN: BidNet Direct and Greenwood Village Website http://www.bidnetdirect.com/ http://www.greenwoodvillage.com/bids

INSTRUCTIONS TO BIDDERS

1. A "Bid" is a responsive, conforming, unconditional, complete, legible, and properly executed offer by a Bidder on the form supplied by the City to provide the services specified in the Invitation to Bid for the compensation specified.

2. Bids must be submitted by electronic submission via the Rocky Mountain E- Purchasing System (www.bidnetdirect.com), which can be accessed through the City of Greenwood Village website at www.greenwoodvillage.com/bids. Bids must be submitted by the date and time designated in the Request for Bids, as revised by all applicable addenda.

3. The following documents must be included in the submitted bid package:

(a) Bid Form.

(b) Bid Schedule.

(c) Provide information for the proposed project team for the primary contractor including the project manager, superintendent, and any key operators. Include years of experience for each team member, percent availability for project, and relevant experience.

(d) Provide a list of subcontractors, as applicable. The project team must include expertise in projects with similar scopes to the proposed lighting, metal column fabrication, and cross-laminated timber improvements shown in the plans. The City reserves the right, in its sole reasonable discretion, to reject any bids whose project team does not include these specialties.

(e) Provide three references for projects with similar scope completed within the last five years by the primary contractor and subcontractors to demonstrate ability to successfully complete the technical aspects of the project. For each reference project, the Contractor shall provide a general description of the work, staff involved from the proposed team, and project owner contact information. The City reserves the right, in its sole reasonable discretion, to reject any bids that do not provide or provide insufficient project references for the work required.

4. It is the Bidder's responsibility to ensure that the Bid is in proper form and submitted by or before the time and date designated in the Requests for Bids. Bids will not be accepted after the designated time and date. Any Bids received late will not be accepted.

5. If a mistake is made or discovered at or after the bid opening, the City reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the City, in its sole reasonable discretion, shall make the decision whether to accept or reject the Bid. No advantage shall be taken by either party of manifest clerical errors or omissions in the Contract Documents or the Request for Bids. Bidders shall notify the City immediately of any errors or omissions that are encountered.

6. Any interlineation, alteration or erasure shall be initialed by the signer of the Bid.

On the Bid Form, the total base price shall be stated in numerals and words; in case of conflict, the words will control. In the case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum shall control.

7. The City shall not reimburse any Bidder for any cost incurred in preparing a Bid or attending equipment demonstrations, inspections, pre-Bid conferences or interviews.

8. Any amplification, clarification, explanation, interpretation, or correction of a Bid shall be made only by written addendum, and a copy of the addendum shall be mailed or delivered to each person receiving a set of Bid Documents. The City is not responsible for any amplification, clarification, explanation, or interpretation or correction of a Bid not contained in written addenda.

9. Bids by corporations shall be executed in the corporate name by the president or a vice-president (or a corporate officer accompanied by evidence of authority to sign), and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. Bids submitted by partnerships shall be executed in the partnership name and signed by a partner, and the legal address of the partnership shall be shown. Bids submitted by limited liability companies shall be executed in the company's name and signed by a member, and the legal address of the company shall be shown. Names and titles shall be typed or printed below each signature.

10. Bids are solicited and submitted subject to the requirements of the City of Greenwood Village Procurement Policy.

11. The submission of a Bid shall be conclusive evidence and a legal admission that the Bidder: (a) has no questions, complaints, or objections about the Contract Documents, subject to any requests made by the Bidder for amplification, clarification, explanation, interpretation, or correction;

(b) has no questions, complaints, or objections as to the completeness, sufficiency, scope, or detail of the Bid; and (c) has full knowledge of the scope, nature, quality, and quantity of the equipment to be provided, the performance criteria, the requirements of the Contract Documents, the site and conditions of delivery, the Greenwood Village Code, and other applicable law.

12. An electronic bid opening will occur at 4:01 pm MST, August 14, 2026. No Bids may be withdrawn after the electronic bid opening. Bids may be withdrawn at any time prior to the beginning of the electronic bid opening or modified as provided in Paragraph 8 hereof prior to the opening.

13. The Project will be awarded to the lowest responsible and responsive Bidder complying with the terms and conditions, guidelines, and specifications presented in the Contract Documents and these Instructions to Bidders. The City reserves the right to determine, in its sole reasonable discretion, whether any Bid meets the needs or purposes intended and is within the approved budget. The City does not base its award on prices alone. Also to be considered are:

quality of product; past experience with the Bidder or any subcontractors, consultants, products or suppliers; qualifications of the Bidder and subcontractors or suppliers; services offered;

maintenance considerations; long-range costs; delivery; and similar conditions.

14. The City may conduct such investigations as it deems necessary to assist in the evaluation of any Bid to establish the experience, responsibility, reliability, references, reputation, qualifications, and financial ability of any Bidder, manufacturer or supplier. The purpose of such investigation is to satisfy the City that the Bidder has the experience, resources, and commercial reputation necessary to perform the Work, supply the specified equipment and perform the necessary product support in accordance with the Contract Documents in the prescribed manner and time.

15. The City reserves the right, if it deems such action to be in its best interests, to reject any and all Bids or to waive any irregularities or informalities therein. Any incomplete, false, or misleading information provided by any Bidder shall be grounds for rejection of the Bids. If Bids are rejected, the City further reserves the right to investigate and accept the next best Bid in order of ranking, or to reject all Bids and re-solicit for additional Bids. Bids may be considered irregular and rejected for any of the following reasons:

(a) If the Bid is on a form other than that prescribed by the City, or if the form is altered or any part thereof is detached, or if the form does not contain original signatures;

(b) If there are unauthorized additions, conditional or alternative proposals, or any irregularities which render the Bid incomplete, indefinite, or ambiguous;

(c) If the Bid does not contain unit prices;

(d) If the City determines that any of the unit prices are materially unbalanced;

or

(e) If the Bidder is affiliated with another Bidder that has submitted a Bid on the same Project.

16. If alternative Bid items are included in the Contract Documents, the City reserves the right to accept all, any combination or none of the alternative Bid items. In such case, the determination of the low Bidder will be based upon the base Bid and any alternate Bid items selected by the City.

17. All parts not specifically mentioned which are necessary in order to provide a complete unit shall be included in the Bid. Any item listed as "Standard" in the manufacturer's published specification, furnished by the Bidder, is assumed to be included in the Bid. Any variations shall be outlined in writing, noting cost factors where applicable. Should any requirement in the Contract Documents not be included in manufacturer's specification sheets, the Bidder shall include with the Bid a statement of compliance, or the Bid may be disqualified.

18. Bids shall be in accordance with the specifications contained in the attached Contract Documents. Should any requirement in the specifications not be included in manufacturer's specification sheets, the Bidder shall include with its Bid a statement of compliance. Failure to do so shall be grounds for disqualification of the Bid.

19. Each Bidder shall submit a certified check, cashier's check or surety bond in the amount of five percent (5%) of the total Bid amount before the City can consider the Bid.

20. No Bid shall include federal excise taxes or state or local sales or use taxes. The City is exempt from such taxes under tax exempt number 98-03581.

21. In the event of any claim, suit, or demand which may result from any Bid submitted hereunder, or the award of any contract as a result of submission of a Bid, Colorado law shall govern any such claim, suit, or demand and the rights and duties of the parties.

22. Copies of the Request for Bids and complete Contract Documents are available via Rocky Mountain E-Purchasing (www.bidnetdirect.com), which can also be accessed through the Greenwood Village website (www.greenwoodvillage.com/bids).

23. Please refer any Bid questions to Josh Morin, Senior Project Manager, by email (jmorin@greenwoodvillage.com). Bid questions will be accepted until September 24, 2026, at 5 pm

MST.

http://www.bidnetdirect.com/ mailto:jmorin@greenwoodvillage.com

BID FORM

The City of Greenwood Village, Colorado (the "City") will receive bids by electronic submission via the Rocky Mountain E-Purchasing System (www.bidnetdirect.com), which can also be accessed through the Greenwood Village website (www.greenwoodvillage.com/bids). Bids must be submitted by 1:00 p.m., October 1, 2026. Bids shall be for the purpose of:

Carson Park Improvements – Phase 2

In compliance with the above Advertisement for Bids, and subject to all conditions thereof, the undersigned offers and agrees to furnish all items, upon which the prices are quoted, at the price set opposite each item, if this Bid is accepted within sixty (60) days from the date of opening. The undersigned certifies that no state, county or municipal sales tax is included in the above quoted prices and that none will be added.

Company Name:

Address:

Telephone Number:

Total Base Price:

(Numbers)

Total Base Price:

(Words)

Total Bid Alternate Price:

(Numbers)

Total Bid Alternate Price:

(Words)

By:

(Signature)

Name (printed or typed)

Title (printed or typed)

Addenda ________________ Dated ________________ Bidder's Initial ________________

(SEAL)

ATTEST:

Secretary

BID SCHEDULE

The undersigned Contractor, having examined the plans, technical specifications, and remainder of the proposed Contract Documents as designated and enumerated in the general and special contract conditions and any and all addenda thereto; having investigated the location of and conditions affecting the proposed Work; and being acquainted with and fully understanding the extent and character of the Work covered by this Bid, and all factors and conditions affecting or which may be affected by the Work, HEREBY SUBMITS THIS BID, to furnish all required materials, tools, appliances, equipment and plant; to perform all necessary labor and to undertake and complete: Carson Park Improvements – Phase 2, in Greenwood Village, Colorado, in full accordance with and conformity to the plans, details, guidelines, and Contract Documents hereto attached or by reference made a part hereof, at and for the following price(s) set forth on this Pricing Schedule. The Bid items on the following pages are to be furnished, installed complete and in place, fully operational, and ready for use by the Owner.

Item # Item Qty Unit Unit Price Cost

1 Mobilization 1 LS

2 Construction surveying 1 LS

3 Traffic control 1 LS

4 Site preparation and demolition 1 LS

5 Earthwork 1 LS

6 Tree retention and protection 1 LS

7 Concrete washout area 1 EA

8 Rock sock 30 LF

9 Silt fence 448 LF

10 Inlet protection 3 EA

11 Stabilized staging area 420 SY

12 Street sweeping 1 LS

13 Vehicle tracking control 1 EA

14 Soil preparation 6550 SF

15 Bluegrass sod 5750 SF

16 Dryland seed 800 SF

17 Caddo sugar maple 2 EA

Carson Park Improvements - Phase 2 Bid Schedule

September 8, 2026

Item # Item Qty Unit Unit Price Cost

18 Imperial honeylocust 2 EA

19 Chinkapin oak 2 EA

20 Redmond linden 2 EA

21 Moonbeam coreopsis 36 EA

22 Green mound alpine currant 12 EA

23 Concrete pavement (finish A) 4200 SF

24 Concrete pavement (finish B) 200 SF

25 Reinforced concrete pavement (finish B) 1370 SF

26 Concrete curb ramp 1 EA

27 Concrete curb ramp at parking lot 1 EA

28 Concrete curb and gutter 110 LF

29 Concrete mowstrip (finish A) 40 LF

30 Concrete mowstrip (finish B) 110 LF

31 Concrete seating steps 38 CY

32 Entry column foundations 1 CY

33 Asphalt pavement 29 TONS

34 Aggregate base for asphalt pavement 775 SF

Aggregate base for pavilion slab

1370 SF

36 Pavement striping 1 LS

37 Irrigation renovation 1 LS

38 Reset trash receptacles 2 EA

39 Picnic tables 6 EA

40 ADA parking sign 1 EA

41 Entry columns 1 LS

42 Stage pavilion 1 LS

43 Electrical and lighting improvements 1 LS

A1 Tongue and groove ceiling 1 LS

Carson Park Improvements - Phase 2 Bid Schedule

September 8, 2026

Total Bid

Total Bid Alternate

SAMPLE CONSTRUCTION AGREEMENT

THIS CONSTRUCTION AGREEMENT is made and entered into this ____ day of _____________, 2026, by and between the CITY OF GREENWOOD VILLAGE, a Colorado home rule municipal corporation with an address of 6060 South Quebec Street, Greenwood Village, Colorado 80111 (the "City"), and ___________________ with an address of ______________________ ("Contractor").

For the consideration described herein, the receipt and sufficiency of which is hereby acknowledged, the parties to this Construction Agreement hereby agree as follows:

1. Contractor shall perform the following described work (the "Project"), in accordance with this Agreement and the Contract Documents, attached hereto and incorporated herein by this reference:

Carson Park Improvements – Phase 2

2. Contractor shall furnish all of the material, supplies, tools, equipment, labor supervision and other services necessary for the completion of the Project described herein.

3. Within ten (10) days of the date of the Notice of Award, Contractor shall provide executed Contract Documents, performance and payment bonds and certificate of insurance required by the Contract Documents.

4. Contractor shall commence the Project within ten (10) days of date of the Notice to Proceed. Substantial Completion of the Project shall be within one hundred eighty (180) calendar days of the date of the Notice to Proceed, unless the period for completion is extended otherwise in accordance with the Contract Documents. Final Completion of the Project shall be accomplished within ten (10) days of the date of Substantial Completion.

5. The City agrees to pay Contractor, subject to all of the terms and conditions of the Contract Documents, for the Project, an amount not to exceed

6. The term "Contract Documents" means and includes all items as set forth in Section

1.01 of the General Conditions.

7. The City shall pay Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents.

8. This Construction Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

9. This Construction Agreement shall be construed under the laws of the State of Colorado. In the event of any dispute between the parties which results in litigation, the exclusive venue for such litigation shall be the District Court in and for the County of Arapahoe, State of

Colorado. Each party hereto shall be possessed of all remedies, whether legal or equitable, which are provided for and which are available under Colorado law.

10. Except as may be expressly provided in the Contract Documents, there are no intended third-party beneficiaries to this Construction Agreement.

11. The parties hereto understand and agree the City is relying on, and does not waive or intend to waive by any provision of this Construction Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the City, its officers, employees, or volunteers.

12. In the event any of the provisions of this Construction Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected, provided that the remaining provisions without the invalidated provisions are consistent with the parties’ intent. Should either party fail to enforce a specific term of this Construction Agreement it shall not be a waiver of a subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and conditions contained herein.

13. The parties acknowledge and agree that the provisions contained herein constitute the entire agreement and that all representations made by any elected official, officer, director, agent or employee of the respective parties unless included herein are null and void and of no effect. No alterations, amendments, changes, or modifications to this Construction Agreement, except those which are expressly reserved herein to the Project Manager and/or the Contractor’s designated Superintendent, shall be valid unless they are contained in writing and executed by all the parties with the same formality as this Construction Agreement.

14. The individuals executing this Construction Agreement represent that they are expressly authorized to enter into this Construction Agreement on behalf of the City of Greenwood Village and the Contractor and bind their respective entities.

15. This Construction Agreement may be executed in one or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same document.

In addition, the parties specifically acknowledge and agree that electronic signatures shall be effective for all purposes, in accordance with the provisions of the Uniform Electronic Transactions Act, Title 24, Article 71.3 of the Colorado Revised Statutes.

[Signature page follows]

IN WITNESS WHEREOF, this Construction Agreement has been executed by the parties hereto as of the date first above written, whether or not the date of signing is some other date.

CITY OF GREENWOOD VILLAGE

By: ____________________________________ John A. Jackson, City Manager

ATTEST:

Susan M. Ortiz, MMC, City Clerk

APPROVED AS TO FORM:

City Attorney

CONTRACTOR

By:

Printed Name:

Title:

Date:

STATE OF _______________ )

) ss.

COUNTY OF ______________ )

The foregoing Construction Agreement was acknowledged before me this _____ day of __________________, 202__, by _____________________ as ________________________ of

Witness my hand and official seal.

My commission expires: ____________________.

Notary Public (Required for all contracts pursuant to C.R.S.

§ 8-40-202(2)(b)(IV))

GENERAL CONDITIONS

PART 1. DEFINITIONS

1.01 CONTRACT DOCUMENTS:

A. Advertisement for Bids;

B. Invitation to Bid;

C. Instructions to Bidders;

D. Bid Form;

E. Bid Schedule;

F. Construction Agreement;

G. General Conditions;

H. Special Conditions;

I. Technical Specifications;

J. Notice of Award;

K. Notice to Proceed;

L. Payment Bond;

M. Performance Bond;

N. Construction Drawings;

O. Documentation submitted by Contractor prior to Notice of Award;

1.02 CHANGE ORDER:

A written order issued by the City after execution of the Construction Agreement authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time.

1.03 CITY:

The City of Greenwood Village, Colorado.

1.04 CONTRACT:

The entire written agreement covering the performance of the Work described in the Contract Documents, including all change orders.

1.05 CONTRACT PRICE:

The amount set forth in Paragraph 5 of the Construction Agreement.

1.06 CONTRACT TIME:

The time for completion of the Project as set forth in Paragraph 4 of the Construction Agreement.

1.07 DAY:

Calendar day, unless otherwise specified. When the last day for the occurrence of an event falls on a Sunday or legal holiday as recognized by the City, the time for performance shall be automatically extended to the next business day.

1.08 FINAL COMPLETION:

The date as certified by the Project Manager when all of the Work on the Project is completed.

1.09 PROJECT MANAGER:

The City's duly authorized representative in connection with the Project.

1.10 PROJECT SITE:

The specified area as shown in the plans where the Work is to be performed as described in the Contract Documents.

1.11 SAMPLES AND SHOP DRAWINGS:

A general term that includes drawings, diagrams, illustrations, samples, schedules, calculations, and other data which provide details of the Work and details to be used by the Project Manager for inspection.

1.12 SUBCONTRACTOR:

Any person, firm or corporation with a direct contract with Contractor who acts for or in behalf of Contractor in executing any part of the Contract, excluding one who merely furnishes material.

1.13 SUBSTANTIAL COMPLETION:

The date as certified by the Project Manager when the Work is substantially completed in conformity with the Contract Documents.

1.14 WORK:

All the work specified, indicated, shown or contemplated in the Contract Documents to construct the Project, including all alterations, amendments or extensions thereto made by supplemental agreements of the parties or written orders of the Project Manager.

1.15 WRITTEN NOTICE:

Any written notices required herein shall be delivered in person, by facsimile, or by mailing by first class mail, postage fully prepaid, addressed as follows:

To the City: Josh Morin, P.E., CFM Senior Project Manager 10001 East Costilla Avenue Greenwood Village, CO 80112

To Contractor:

Notice deposited in the mail in accordance with the provisions hereof shall be effective unless otherwise stated in this Contract from and after the fourth (4th) day next following the date deposited in the mail, or when actually received, whichever is earlier. Notice given in any other manner shall be effective only if and when received by the party to be notified.

PART 2. TIME

2.01 TIME OF THE ESSENCE:

All times stated in the Contract Documents are of the essence.

2.02 FINAL ACCEPTANCE:

After all work has been accepted by the Project Manager, the Project Manager will issue final acceptance.

2.03 CHANGES IN THE WORK:

The City reserves the right to order changes in the Work, in the nature of additions, deletions or modifications, without invalidating the Contract, and to make corresponding adjustments in the Contract Price and the Contract Time. All changes shall be authorized by a written Change Order signed by the Project Manager. The Change Order shall include appropriate changes in the Contract Documents and the Contract Time. The Work shall be changed and the Contract Price and Contract Time modified only as set forth in the written Change Order. Any adjustment in the Contract Price resulting in a credit or a charge to the City shall be determined by mutual agreement of the parties before the work set forth in the Change Order is commenced. If a Change Order results in an increase in the Contract Price, approval by the Greenwood Village City Council may be required.

2.04 NOTICE TO PROCEED:

Contractor shall not commence work prior to the issuance of a Notice to Proceed. The Notice to Proceed shall state the date on which the Contract Time commences. Contractor shall commence Work no later than ten (10) days after the date of the Notice to Proceed.

2.05 DELAYS:

A. If Contractor is delayed in the progress of the Work by fire, unusual delay in transportation, adverse weather conditions not reasonably to be anticipated, or other unavoidable casualties beyond Contractor's control, the working days shall be suspended and restarted as agreed upon by Contractor and City in writing.

B. Any request for extension of the Contract Time shall be made in writing to the Project Manager not more than seven (7) days after commencement of the delay; otherwise it shall be waived.

Any such request shall contain an estimate of the probable effect of such delay on the progress of the Work.

C. Contractor shall not be entitled to any increase in the Contract Price, or to damages, or to additional compensation as a consequence of any such delays.

2.06 SUSPENSION OF WORK:

A. If the Project Manager determines that the Work is not being performed in compliance with the Contract Documents or that safety is being compromised, the Project Manager may suspend the Work.

B. Notice of suspension shall be provided to Contractor in writing. Contractor shall not be entitled to any change in the Contract Time or Contract Price as a result of such suspension.

C. A suspension shall not preclude the City from enforcing any other remedy provided herein, including termination of the Contract and the imposition of liquidated damages.

2.07 NO DAMAGES FOR DELAY:

In strict accordance with C.R.S. § 24-91-103.5, the City shall not amend the Contract Price to provide for additional compensation for any delays in performance which are not the result of acts or omissions of the City or persons acting on behalf of the City.

PART 3. CONTRACTOR'S RESPONSIBILITIES

3.01 COMPLETION/SUPERVISION OF WORK:

Contractor shall be responsible for completion of all Work in a timely and workmanlike manner in accordance with the terms and specifications of the Contract Documents, including the techniques, sequences, procedures and means. Contractor shall be responsible for the coordination of all Work.

Contractor shall supervise and direct the Work and give it all attention necessary for proper supervision and direction. Contractor shall maintain a supervisor on site at all times when Contractor or any subcontractor is performing Work.

3.02 DUTY TO INSPECT:

Contractor shall inspect all Contract Documents, tests and reports, if any, including as applicable, soil tests and engineering tests, and shall conduct a site or field review prior to bidding on the work. Contractor assumes the risk of all conditions which are disclosed, or which are reasonably suggested by any such tests or reports, or which would be disclosed by a field or site review.

Contractor shall have the affirmative duty to advise the City of any concerns which Contractor may have regarding construction conditions prior to executing the Contract.

3.03 FURNISHING OF LABOR AND MATERIALS:

A. Contractor shall provide and pay for all labor, materials and equipment, including: tools;

construction equipment and machinery; utilities, including water; transportation; and all other facilities and services necessary for the proper completion of the Work.

B. In all purchases of supplies, materials and provisions to be incorporated or otherwise used by Contractor in the Project, Contractor shall use supplies, materials and provisions produced, manufactured or grown in Colorado if such supplies, materials and provisions are not of inferior quality to those offered by competitors outside of Colorado.

C. While engaged in the performance of the Work, Contractor shall maintain employment practices that do not violate the provisions of the Colorado Antidiscrimination Act of 1957, C.R.S.

§ 24-34-301, et seq., as amended.

D. Colorado labor shall be employed to perform the Work to the extent of not less than eighty (80%) percent of each type or class of labor in several classifications of skilled and common labor employed on such project or public works. "Colorado labor," as used in this Section, means any person who is a resident of the State of Colorado, at the time of employment, without discrimination as to race, color, religion, creed, national origin, sex, age, or handicap.

3.04 EMPLOYEES AND SAFETY:

A. Contractor shall maintain at all times strict discipline of its employees, and Contractor shall not employ on the Project any person unfit or without sufficient knowledge, skill, and experience to perform properly the job for which the employee was hired.

B. Contractor shall be fully responsible to the City for the acts, negligence and omissions of all direct and indirect employees and subcontractors. The Contract Documents shall not be construed as creating any contractual relationship between any subcontractor and the City.

C. Contractor shall provide for and oversee all safety orders and precautions necessary for the safe performance of the Work. Contractor shall take reasonable precautions for the safety of all employees and others whom the Work might affect, all work and materials incorporated into the Work, and all property and improvements on the Project Site and adjacent property.

3.05 CLEANUP AND MAINTENANCE:

A. Contractor shall keep the Project Site and adjoining ways free of waste material and rubbish caused by its employees or subcontractors, and shall remove all such waste material and rubbish daily during construction. Contractor shall, upon termination of its Work, conduct general cleanup operations on the Project Site, including the cleaning of all surfaces, paved streets and walks, and steps. Contractor shall also conduct such daily general cleanup operations on adjacent properties which were disturbed by the Work.

B. From the date of the Notice to Proceed through Final Completion, Contractor shall maintain all Work without additional compensation. Maintenance includes keeping the Project Site in satisfactory condition at all times, maintaining approaches, crossings, intersections, and other features necessary to accommodate traffic, and tending to all landscaping and vegetation on the Project Site. Additionally, Contractor shall prevent damage to the Work, provide for drainage, and erect all necessary temporary structures, signs, or other facilities required to maintain the Work until Final Completion.

C. Contractor shall protect the Work against injury or damage from all causes, including but not limited to, action of the elements, traffic, fire, theft, vandalism, or third party negligence, until Final Completion. Contractor shall rebuild, repair, restore, or replace all Work that is injured or damaged prior to Final Completion at no cost to the City.

D. If Contractor fails to perform the cleanup or maintenance required by this Section, within twenty-four (24) hours of the date of written notice from the City, the City may cause the cleanup to be performed at Contractor's expense. Upon receipt of a statement for such cleanup, Contractor shall pay to the City the costs incurred by the City for such cleanup, or the City shall have the right to withhold said amount from any payment or final payment due to Contractor.

E. Contractor shall not use any wetlands or storm drainage facilities for cleaning materials or equipment.

F. All cost of clean up and maintaining the contract Work during construction and before written Final Completion will not be paid for separately, but shall be included in the Work.

3.06 PAYMENT OF ROYALTIES AND LICENSE FEES:

Contractor agrees to pay all royalties and license fees necessary for the Project, and to defend against all actions for infringement of copyright or patent rights, and to save and hold the City harmless from such actions.

3.07 TAXES, LICENSES AND PERMITS:

A. Contractor shall pay all taxes imposed by law in connection with the Project, except the City of Greenwood Village Sales Tax, for purchases within the City. The City's sales tax-exemption number is 98-03581.

B. Contractor shall procure, revise and renew all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. Prior to beginning Work, Contractor shall furnish the Project Manager a written list of all permits required for the proper completion of the Work. The list shall clearly identify the type of permit or permits that must be obtained before Work on any particular phase may be started.

Copies of the fully executed permits shall be furnished to the Project Manager upon request.

Contractor will be responsible for obtaining the State Stormwater Construction Permit and will be the full responsibility of the Contractor including the development, implementation and maintenance of the Stormwater Management Plan. The Stormwater Management Plan shall comply with all items listed on the City’s attached Stormwater Management Plan checklist.

3.08 SAMPLES AND SHOP DRAWINGS:

A. Upon the request of the Project Manager, shop drawings shall be furnished by Contractor, subcontractors, manufacturers, suppliers, or distributors, at no extra cost to the City. All Work shall comply with approved samples and drawings. No portion of the work requiring a submittal shall be commenced until the submittal has been approved by the Project Manager and returned to Contractor with a notation indicating that resubmittal is not required.

B. Submittals shall be complete in all respects. If the submittals show any deviations from the Contract Documents, the deviations and the reasons therefore shall be set forth in the letter of transmittal. In addition, specific notation of the deviations or changes shall be placed on the shop drawing and working drawing. By submitting shop drawings, Contractor represents that material, equipment, and other Work shown thereon conforms to the Contract Documents except for any deviations set forth in the letter of transmittal. The Project Manager may request additional details and require Contractor to make changes in the shop drawings which are necessary to conform to the plans and specifications, without additional cost to the City.

C. Contractor shall submit to the Project Manager for approval shop drawings accompanied by a letter of transmittal listing the information submitted. Each submittal shall show the name of the Project, Contractor's name, and the names of any suppliers, manufacturers, and subcontractors.

The Project Manager reserves the right to request additional submittals as the Project progresses, and Contractor shall provide such submittals within ten (10) days of the Project Manager's request.

Within fourteen (14) days of receipt of said submittals, the Project Manager will return one (1) copy of the submittals to Contractor with any comments noted thereon. If ordered by the Project Manager, Contractor shall correct the submittals and resubmit them in the same manner as specified for the original submittal. In the letter of transmittal, Contractor shall direct specific attention to any revisions other than the corrections requested by the Project Manager.

D. Approval by the Project Manager is only approval of the overall design concept of the Project and general compliance with the Contract Documents, and shall not be construed as relieving Contractor of full responsibility for: providing materials, equipment, and Work required by the Contract Documents; proper fitting and construction of the Work; accuracy and completeness of submittals; selecting fabrication processes and techniques of construction; and performing the Work in a safe manner. Review by the Project Manager is not a complete check, and the Project Manager's approval does not extend to accuracy of dimensions, means, methods, techniques, sequences, schemes, procedures of construction, or safety precautions.

E. Contractor is responsible for the accuracy of all dimensions and quantities shown on shop drawings. Contractor shall correlate all information in the Contract Documents, the submittals, and all revisions at the Project Site to ensure that there are no conflicts and that the Work is constructed as shown. Contractor is responsible for the method of construction and the fabrication process to ensure that the Work complies with the Contract Documents.

F. If Contractor believes that any submittal or communication related thereto calls for changes in the Work for which the Contract Price or Contract Time should be changed, before proceeding with the changes, Contractor shall provide the Project Manager with a written estimate of the changes in the Contract Price and Contract Time prior to proceeding with the changed Work.

3.09 COMPLIANCE WITH LAWS AND REGULATIONS:

Contractor shall comply with all federal, state and local laws, ordinances, rules, regulations and orders in any manner relating to the Project. If any provision of the Contract Documents is at variance therewith, Contractor shall notify the Project Manager promptly.

3.10 SUBCONTRACTORS:

A. Upon execution of the Construction Agreement, Contractor shall furnish to the Project Manager a list of names of subcontractors to whom Contractor proposes to award the portions of the Work to be subcontracted by Contractor.

B. Contractor shall not employ a subcontractor to whose employment the City reasonably objects, nor shall Contractor be required to hire a subcontractor to whose employment Contractor reasonably objects.

C. All contracts between Contractor and subcontractors shall comply with the Contract Documents and incorporate the relevant provisions of the Contract Documents.

D. Contractor may subcontract a portion of the Work. However, Contractor shall perform work amounting to fifty percent (50%) or more of the Contract Price. Any items designated in the Specifications as "specialty items" may be deducted from the Contract Price before computing the amount of Work required to be performed by Contractor.

3.11 CORRECTIVE WORK:

When any Work does not conform to the Contract Documents, Contractor shall make the necessary corrections so that the Work will so conform. If Contractor refuses or fails to correct or remove defective Work when ordered to do so by the Project Manager, the City may either choose to accept the Work or correct any defective Work on its own and make an appropriate deduction in the Contract Price. Contractor shall not be granted an extension of the Contract Time as a result of corrective work.

3.12 OTHER CONTRACTS:

The City reserves the right to let other contractors in the Project Site. Contractor shall cooperate with all other contractors so that their work is not impeded by the Work, and Contractor shall give other contractors access to the Project Site necessary to perform their contracts.

3.13 COMMUNICATION:

Contractor shall direct all communications to the City regarding the Work to the attention of the Project Manager.

3.14 WORK HOURS:

A. Typical Work shall not be performed on Saturdays, Sundays, observed holidays, or outside of the daytime working hours of 7:00 a.m. to 7:00 p.m., except as necessary for proper care, maintenance, and protection of Work already performed, or in cases where the Work would endanger or if hazards to life or property would result. In such cases, Contractor shall give prior written notice to the City to ensure proper notice to the public.

B. If Contractor believes it necessary to work on Saturdays, Sundays, holidays or at night other than for road closure, Contractor shall obtain approval from the Project Manager at least forty-eight

(48) hours in advance. Such approval may be revoked by the Project Manager if Contractor fails to maintain adequate equipment and lighting for the proper prosecution, control, and inspection of the Work. If Work is performed without the Project Manager's prior approval, and as a result no inspectors were assigned, the Work may be declared defective solely on the grounds that it was not properly inspected.

C. Any Work performed on a Saturday, Sunday, legal holiday, or during nighttime hours shall be performed at the Contractor’s sole risk and expense. The Contractor shall not be entitled to additional compensation or an extension of time for extra work, unforeseen conditions, or other impacts arising from or attributable to the performance of such Work during those periods.

3.15 PRECONSTRUCTION CONFERENCE:

A. Contractor's designated Superintendent or Supervisor shall attend the Preconstruction Conference.

B. At the Preconstruction Conference, Contractor shall provide:

1. An acceptable detailed project schedule;

2. The proposed Method for Handling Traffic (MHT);

3. A subcontractor list; and

4. Phone numbers for Contractor's designated Superintendent or Supervisor, with a twenty-four (24) hour emergency contact number.

3.16 SALVABLE MATERIAL:

Unless otherwise specified in the Contract Documents, all salvable material shall become the property of Contractor.

3.17 APPARENT ERRORS AND OMISSIONS:

Contractor shall not take advantage of any apparent error or omission in the Contract Documents.

If Contractor discovers an error or omission, Contractor shall immediately notify the Project Manager. The Project Manager will make corrections and interpretations as necessary to fulfill the intent of the Contract Documents.

3.18 INSPECTION AND TESTING:

A. All materials and parts of the Work shall be subject to inspection by the City's inspector, who shall be allowed access and assisted by Contractor as required to make a complete and detailed inspection. Any Work performed or materials used without inspection may be ordered uncovered, removed, or restored at Contractor's expense. All costs of field and laboratory testing and the cost of re-testing work and materials previously rejected shall be borne by City.

B. Sampling and testing shall be performed in accordance with the City's minimum sampling, testing, and inspection schedule and the Contract Documents. Where the method of test is not cited, the applicable procedure shall be in accordance with the Standard AASHTO Method which was current on the date of advertisement for bids. Unless otherwise designated, when AASHTO, ASTM, or other specifications, standards, or policies are cited, the reference shall be to the latest edition as revised or updated by approved supplements or interim editions published and issued prior to the date of advertisement for bids.

C. Contractor shall coordinate its Work schedule with the testing agency and the City's inspector so that key inspection points may be observed and all buried items are inspected prior to burial. If Contractor fails to provide such notice or proceeds without the required inspection, the subject Work shall be re-exposed or redone in its entirety, while the inspector is present. No extra compensation will be awarded if Contractor is required to redo Work due to its failure to coordinate inspections.

D. If Contractor schedules an inspection, the City's inspector arrives at the designated time and location, and the Work is not ready for inspection or has already been performed, and an additional inspection is required, Contractor shall bear the cost of the initial "wasted" inspection.

The cost of the "wasted" inspection shall be deducted directly from partial and final payments.

E. All inspections and tests conducted by the City are for the convenience and benefit of the City. These inspections and tests do not constitute acceptance of any materials or Work, and the City may reject or accept any Work or materials at any time prior to Final Completion whether or not previous inspections or tests were conducted.

3.19 PROTECTION AND RESTORATION OF PROPERTY:

Contractor shall preserve private and public property and protect it from damage. Contractor shall restore damaged or injured property, at Contractor's expense, to a condition similar or equal to that existing before the damage or injury occurred. Land monuments, control points and property marks shall not be disturbed or moved until their location has been witnessed or referenced and their removal approved by the Project Manager.

3.20 ENVIRONMENTAL PROTECTION:

A. Contractor shall comply with the Greenwood Village Drainage Criteria Manual, Greenwood Village Construction Standards, the Colorado Water Quality Control Act (Title 25, Article 8, C.R.S.), the Protection of Fishing Streams Act (Title 33, Article 5, C.R.S.), and the Clean Water Act (33 U.S.C. § 1344). In the event of conflicts between any such requirements and laws, rules, or regulations of other Federal or State agencies, the more restrictive laws, rules, or regulations shall apply.

B. At least ten (10) days prior to commencing Work, Contractor shall submit to the Project Manager a written report describing the location of potential pollution sources, such as vehicle fueling and storage of fertilizers or chemicals. The report shall include: maps indicating areas that will be used for storage of building materials, soils or wastes; the location of any dedicated asphalt or concrete batch plants; and a spill contingency plan for any petroleum product, chemicals, solvents, or other hazardous materials in use, or in storage, at the Project Site.

C. Pollutant by-products of construction, concrete, asphalt, solids, sludges, pollutants removed in the course of treatment of wastewater, excavation or excess fill material, and material from sediment traps shall be handled, stockpiled, and disposed of in a manner that prevents entry into state waters, including wetlands. Spill prevention and containment measures shall be used at storage and equipment fueling and servicing areas to prevent the pollution of any waters, including wetlands. All spills shall be cleaned up immediately after discovery, or contained until appropriate cleanup methods can be employed. Manufacturer's recommended methods for spill cleanup shall be followed, along with proper disposal methods.

D. Contractor shall be liable for any penalty (including monetary fines) for noncompliance with any water quality permit or certification. Monetary fines shall be deducted from the Contract Price; provided, however, that if a fine exceeds the money due to Contractor, then Contractor shall pay to the City the amount of such excess. Contractor will not receive additional compensation or extensions of time for any disruption of Work or delay caused by actions brought against Contractor for failure to comply with water quality controls.

3.21 TRAFFIC:

A. Prior to commencing Work, Contractor shall submit a Method for Handling Traffic ("MHT") for each phase of construction. The MHT shall show Contractor's proposed construction phasing and proposed traffic control devices. Contractor shall submit the MHT to the Project Manager for approval prior to commencing construction of any phase of the Work. Thereafter, changes shall not be permitted until a revised MHT is submitted to the Project Manager. Contractor shall comply with the approved MHT at all times.

B. Vehicular and pedestrian access to all properties shall be maintained at all times. Prior to commencing Work, Contractor shall develop an Access Maintenance Plan ("AMP") in coordination with adjacent property owners and submit the plan to the Project Manager for approval. The AMP shall encompass vehicular and pedestrian access.