biddoc.pdf

R1-32025 1 RFP 26-ENG-008 80th Ave Signal Improvements

Proposal #: 26-ENG-008 Title: 80th Avenue Signal Improvements-(Project No. 24-TC-02-HSIP)

This project will be partially funded by Federal funds through Colorado Department of Transportation.

RFP Issued: 09/10/2026 Pre-proposal Meeting: 09/21/2026, at 9:00 AM MT – ATTENDANCE IS HIGHLY RECOMMENDED Via Zoom Meeting:

https://arvadaco-gov.zoom.us/j/82313522188?pwd=athEqE8QysIGDEd5JU9V0aqQzCPAkl.1

Meeting chat link:

https://arvadaco-gov.zoom.us/launch/jc/82313522188 Meeting ID: 823 1352 2188 Passcode: 125424 One tap mobile +17193594580,,82313522188#,,,,*125424# US

+13462487799,,82313522188#,,,,*125424# US (Houston) Join by SIP • 82313522188@zoomcrc.com Passcode: 125424 Join instructions https://arvadaco-gov.zoom.us/meetings/82313522188/invitations?signature=EI-tYQmawfUe15mUoBQgWEgfbnAKRstVHjBcmwpRRX8

Question Deadline: 09/25/2026 no later than 2:00 PM MT Questions must be submitted through BidnetDirect.com. Responses will be posted on

BidNet via addendum.

Proposals Due By: 10/08/2026 no later than 2:00 PM MDT Electronic Submissions must be submitted online at BidNetDirect.com. This is the only valid source for postings regarding this solicitation.

Late responses will not be considered for award.

For additional administrative information not related to the project contact: Melanie Ortiz at mortiz@arvada.org Contact with the requesting department may result in vendor disqualification.

Documents included in this Request:

General Terms and Conditions pages 2-5 Special Terms and Conditions pages 6-9 Insurance Requirements page 10-11 Administrative Information and Evaluation Criteria pages 12-14 Statement of Work pages 15-19 Forms to be completed and returned with Proposals:

Exhibit A - Required Vendor Submittal Form, Submittal Checklist pages 20-21 Exhibit B - Performance Measures Form pages 22-23 Exhibit C - Rate Sheet page 24 Informational Attachments Exhibit E– Certification for Federal Aid Contracts page 25 Exhibit F – Federal Contract Provisions pages 26-30 https://arvadaco-gov.zoom.us/j/82313522188?pwd=athEqE8QysIGDEd5JU9V0aqQzCPAkl.1 https://arvadaco-gov.zoom.us/launch/jc/82313522188 tel:+17193594580 tel:+13462487799 mailto:82313522188@zoomcrc.com https://arvadaco-gov.zoom.us/meetings/82313522188/invitations?signature=EI-tYQmawfUe15mUoBQgWEgfbnAKRstVHjBcmwpRRX8 https://arvadaco-gov.zoom.us/meetings/82313522188/invitations?signature=EI-tYQmawfUe15mUoBQgWEgfbnAKRstVHjBcmwpRRX8 https://arvadaco-gov.zoom.us/meetings/82313522188/invitations?signature=EI-tYQmawfUe15mUoBQgWEgfbnAKRstVHjBcmwpRRX8 mailto:mortiz@arvada.org

R1-32025 2 RFP 26-ENG-008 80th Ave Signal Improvements

GENERAL TERMS AND CONDITIONS

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

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

Contractor shall not invoice Arvada for any state, federal or local taxes. Upon written notification by Arvada, Contractor shall reimburse Arvada in a timely manner for any taxes erroneously paid by Arvada.

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

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

4.1. Confidential Information Indemnification. Confidential Information Indemnification. Disclosure or use of Arvada Confidential Information by Contractor may be cause for legal action by third parties against Contractor, Arvada, or their respective agents. Contractor shall indemnify, defend, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by Arvada in relation to any act or omission by Contractor, including any unauthorized disclosure of Arvada Confidential Information, or by its employees, agents, assigns, or subcontractors. “Confidential Information” means any and all Arvada Records not subject to disclosure under CORA. Confidential Information includes, but is not limited to, Personally Identifiable Information (“PII”), Protected Health Information (“PHI”), Payment Card Industry data (“PCI”), data related to tax information, Criminal Justice Information (“CJI”), and Arvada personnel records not subject to disclosure under the Colorado Open Records Act (C.R.S. §§24-72-200.1 et seq.)(“CORA”). Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to Arvada, which has been communicated, furnished, or disclosed by Arvada to Contractor which

(i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to Arvada; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any Confidential Information. “Arvada Records” means any and all Arvada data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under the CORA.

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

4.3. Artificial Intelligence (AI). Contractor shall be fully responsible for all acts and omissions related to its use of any AI functionality to provide the Work. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim arising from Contractor’s use of AI functionality to provide the Work.

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

6. OPEN RECORD REQUESTS. Arvada is obligated to comply with the Colorado Open Records Act (C.R.S. §§24-72-

200.1 et seq.) (CORA), which may require Arvada to disclose all or a portion of communications relating to the Agreement, any transaction under the Agreement, and other related matters. Contractor has been advised to familiarize itself with CORA. Any confidentiality provisions in any contract documents are subject to the provisions of CORA.

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

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

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

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

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

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

12.1. The required contract provisions contained in Form FHWA-1273;

12.2. A requirement that any lower tier subcontract that may in turn be made shall also include the required contract provisions contained in Form FHWA-1273;

12.3. Exhibit F to the State of Colorado Intergovernmental Agreement between the Department of Transportation and the City of Arvada, Project #SHO M040-039 (25533).

12.4. The provisions of Form FHWA-1273 shall not be incorporated by reference in any case. Contractor is responsible for compliance for any subcontractor or lower tier subcontractor with the requirements contained in the provisions of Form FHWA-1273.

13. INDEPENDENT CONTRACTOR. Contractor shall perform its duties under the Agreement as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of Arvada. Contractor shall not have authorization, express or implied, to bind Arvada to any agreement, liability, or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through Arvada and Arvada shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.

Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to the Agreement. Contractor shall: (i) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law; (ii) provide proof thereof when requested by Arvada; and (iii) be solely responsible for its acts and those of its employees and agents.

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

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

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

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

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

18.1. Termination for cause – This Agreement may be terminated for cause if the Contractor fails to comply with the terms and conditions of this Agreement and any of the following conditions exist:

18.1.1. The lack of compliance with the provisions of this Agreement is of such scope and nature that Arvada deems continuation of this Agreement to be substantially non-beneficial to the public interest;

18.1.2. The Contractor has failed to take satisfactory corrective action as directed by Arvada or its authorized representative within the time specified by same; or

18.1.3. The Contractor has failed to take satisfactory corrective action as directed by Arvada or its authorized representative within the time specified by same; or

18.1.4. Following notice to the Contractor and a reasonable opportunity to cure, Arvada may pursue such remedies as are available in accordance with 2 CFR 200.338 including, but not limited to, the termination of this Agreement in whole or in part and thereupon shall notify in writing to the Contractor of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification of the termination by Arvada to the Contractor. Costs resulting from obligations incurred by the Contractor after termination of the Agreement are not allowable and will not be reimbursed by Arvada unless specifically authorized in writing by Arvada.

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

18.3. Termination for withdrawal, reduction, or limitation of funding - In the event that funding is not received from the Federal government, or is withdrawn, reduced or limited in any way after the effective date of this Agreement and prior to its normal completion, Arvada may summarily terminate this Agreement as to the funds not received, reduced or limited, notwithstanding any other termination provision of this Agreement.

If the level of funding is reduced to such an extent that Arvada deems that the continuation of the program covered by the Agreement is no longer in the best interest of the public, Arvada may summarily terminate this Agreement in whole notwithstanding any other termination provisions of this Agreement. Termination under this Section shall be effective upon notice given to the Contractor or its representative.

18.4. Continuing obligations – When an award is terminated, the Contractor remains responsible for compliance with the closeout and post-closeout obligations described in this Agreement.

18.5. Non-appropriations – Contractor agrees that it will include in every contract into which it enters that relies on federal monies from this agreement for funding, a non-appropriations clause that will protect itself and Arvada from any liability or responsibility or any suit that might result from the discontinuance of the funding for any reason.

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

20. PROHIBITED TERMS. Any term included in the Agreement that requires Arvada to indemnify or hold Contractor harmless; requires Arvada to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Any term included in the Agreement that limits Contractor’s liability that is not void under this section shall apply only in

R1-32025 5 RFP 26-ENG-008 80th Ave Signal Improvements excess of any insurance to be maintained under the Agreement, and no insurance policy shall be interpreted as being subject to any limitations of liability of the Agreement.

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

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

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

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

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

26. ACCESSIBILITY COMPLIANCE UNDER C.R.S. §24-85-104.

26.1 Contractor shall comply with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. §24-85-103.

26.2 Contractor shall indemnify, hold harmless, and assume liability on behalf of Arvada, and Arvada’s officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the state agency or public entity in relation to Contractor’s noncompliance with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. §24-85-103.

26.3 Arvada may require that Contractor’s compliance with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. §24-85-103 be determined and attested to by a qualified third party selected by Arvada.

27. ARTIFICIAL INTELLIGENCE (AI) DISCLOSURE & USE. Contractor shall not use any AI functionality while performing the work or providing the goods or deliverables without Arvada’s prior written consent. Contractors shall not use, access, or permit access to any Arvada Records for the purpose of training, improving, or refining any AI functionality, regardless of whether the functionality belongs to Contractor or a third-party, without Arvada’s prior written consent.

28. PROHIBITED PRICING PRACTICES. Contractor shall not include speculative tariff increases, unsupported contingency amounts, or broad percentage markups labeled as “tariff risk” in any contract document. Any line-item or percentage factor appearing on any document incorporating these terms and conditions must be tied to current, published tariff levels and documented upon request in a manner satisfactory to Arvada.

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SPECIAL TERMS AND CONDITIONS

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

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

2. CONTENTS OF OFFER

Vendors are required to submit offers with the following conditions:

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

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

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

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

3. CLARIFICATION AND MODIFICATIONS

The contract resulting from this solicitation will be subject to the Solicitation materials, City Ordinance, State and Federal Statutes. When conflicts occur, the highest authority shall prevail. Vendors are required to indicate any variances to the terms, conditions, requirements and specifications of this Solicitation; no matter how slight. If variations are not stated in the vendor's Offer, it shall be agreed that the vendor's Offer fully complies with all conditions identified in this Solicitation.

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

5. CONFIDENTIAL DOCUMENTS

Vendors may designate specific pages or sections within their submission as trade secret or confidential commercial information or as otherwise protected by law (“Confidential Information”). Documents and data that are considered Confidential Information shall be clearly marked as such and separated from the rest of the solicitation submission documents. Comingling is not acceptable. The City does not favor blanket assertions of Confidential Information.

Please note that blanket assertions that merely classify and/or broadly claim information is confidential are insufficient as a matter of law. See, International Brotherhood of Electrical Workers Local 68 v. Denver Metropolitan Major League Baseball Stadium District, 880 P.2d 160 (Colo.App. 1994). Any information that will be included in any resulting contract cannot be considered Confidential. Under no circumstances may submission pricing information be considered Confidential. In the event a formal contract is entered into with the City and a portion of the Proposal/Response carries a designation indicating the Vendor believes it is Confidential Information, then the City agrees that it will use its best efforts to forward any request for the disclosure of the Confidential Information to the Vendor. By its submission of the Proposal/Response, Vendor agrees to promptly respond to the request for disclosure with any objections and reasons therefor in accordance with the Colorado Open Records Act C.R.S. §§24-72-101 et seq. and any other applicable law.

Further, Vendor agrees to assume the obligation to defend, hold harmless, and indemnify the City in any legal proceeding that arises from non-disclosure of documents or data pursuant to the Vendor’s objection.

6. MODIFICATIONS TO EXISTING CONTRACT

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

7. STATE & FEDERAL PROVISIONS

7.1. Nondiscrimination. The City of Arvada, in accordance with the provisions of Title VI of the Civil Rights Act of 1964

(79 Stat. 252, 42 U.S.C. §§ 20000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, DBEs will be afforded full and

R1-32025 7 RFP 26-ENG-008 80th Ave Signal Improvements fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for any award.

7.2. Appendix II to Part 200 (Title 2 CFR 200) – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards requires:

7.3. It is also the responsibility of the Consultant to comply with the federal statutes and regulations cited in Title 2 CFR 200, Appendix II specifically:

7.3.1. (A) Administrative, contractual, or legal remedies,

7.3.2. (B) Termination for cause and for convenience,

7.3.3. (C) Equal Employment Opportunity,

7.3.4. (D) Copeland "Anti-Kickback" Act,

7.3.5. (E) Contract Work Hours and Safety Standards Act,

7.3.6. (F) Rights to Inventions Made Under a Contract or Agreement,

7.3.7. (G) Clean Air Act and Federal Water Pollution Control Act,

7.3.8. (H) Debarment and Suspension,

7.3.9. (I) Byrd Anti-Lobbying Amendment.

7.4. The design work under this Agreement shall be compatible with the requirements of the contract between Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project.

The State is an intended third-party beneficiary of this agreement for that purpose.

7.5. Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project.

7.6. The consultant shall review the construction Contractor’s shop drawings for conformance with the contract documents and compliance with the provisions of the State’s publication, Standard Specifications for Road and Bridge Construction, in connection with this work.

7.7. The State, in its sole discretion, may review construction plans, special provisions and estimates and may require Local Agency to make such changes therein as the State is determined to be necessary to comply with State and FHWA requirements.

7.8. On January 21, 2025, the Trump Administration published Executive Order 14173, which in relevant part revoked Executive Order 11246. Executive Order 14173 has been challenged in Federal Court. Portions of Section 9.6 below may only apply in the event Executive Order 14173 is deemed unenforceable during the term of the Agreement. If Executive Order 14173 remains enforceable throughout the term of the Agreement, Contractor need not comply with any requirements imposed by this Section pursuant to Executive Order 11246. Subject to the foregoing, during the performance of this Agreement, Contractor agrees as follows:

7.8.1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 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, gender identity, or national origin. Such action shall include, but not be limited to the following:

7.8.1.1. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff 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 setting forth the provisions of this nondiscrimination clause.

7.8.2. 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, gender identity, or national origin.

7.8.3. 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.

7.8.4. 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 advising the said labor

R1-32025 8 RFP 26-ENG-008 80th Ave Signal Improvements union or workers’ representatives of the contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

7.8.5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

7.8.6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7.8.7. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7.8.8. . If Executive Order 14173 is deemed unenforceable during the term of this Agreement, the Contractor will include the provisions of Paragraphs 9.6.8.1 through 9.6.8.4 in any subcontract or purchased order made in furtherance of this Agreement, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 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 the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

7.8.8.1. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

7.8.8.2. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

7.8.8.3. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

7.8.8.4. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order.

In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

7.9. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this Agreement.

7.10. Contractor shall provide Arvada with a statement of written assurance that they will comply with Section 504 of the Rehabilitation Act and not discriminate on the basis of disability.

7.11. Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as it pertains to working conditions and hours of work and overtime pay of laborers and mechanics.

7.12. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Regional Office of the Environmental Protection Agency (EPA) and the US Department of Interior, National Park Service.

7.13. Contractor certifies that no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any

R1-32025 9 RFP 26-ENG-008 80th Ave Signal Improvements person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Contractor will complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.

7.14. Contractor agrees to comply and cause any and all of its subcontractors to comply, with Exhibit to the IGA.

(Continued on the next page)

R1-32025 10 RFP 26-ENG-008 80th Ave Signal Improvements

INSURANCE REQUIREMENTS

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

Responsibility for Damage Claims, Insurance Types and Coverage Limits. The Contractor shall indemnify and save harmless the Department, its officers, and employees, from suits, actions, or claims of any type or character brought because of any and all injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or failure to comply with the provisions of the Contract; or on account of or in consequence of neglect of the Contractor in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, material or process involved is specifically required by the Contract; or from any claims or amounts arising or recovered under the Worker’s Compensation Act, or other law, ordinance, order, or decree. The Department may retain as much of any moneys due the Contractor under any Contract as may be determined by the Department to be in the public interest.

The Contractor shall obtain, and maintain at all times during the term of this Contract, insurance in the following kinds and amounts:

1. Commercial General Liability, written on ISO Occurrence Form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:

a. $1,000,000 each occurrence.

b. $2,000,000 general aggregate.

c. $2,000,000 products and completed operations aggregate: and

d. $50,000 any one fire.

e. Completed Operations coverage shall be provided for a minimum period of one year following final acceptance of work.

If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision.

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

3. Automobile Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles.

4. Umbrella Liability of $1,000,000 following form to the Commercial General Liability. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence Form and shall be following form of the primary. The following form Excess Liability shall include Arvada and CDOT as an additional insured.

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

6. Professional Liability: Professional Liability insurance in an amount of not less than $1,000,000 Each Claim and $1,000,000 Annual Aggregate for both the Contractor or any subcontractors:

a. Contract items 625, 629, or both from CDOT’s 2025 Specs are included in the Agreement.

b. The Contractor’s Engineer shall electronically seal plans, specifications, and submittals, including but not limited to:

i. Shop drawings and working drawings as described in subsection 105.02 of the 2025 Specs.

ii. Mix Designs.

iii. Contractor performed design work as required by the plans and specifications.

iv. Change Orders.

v. Approved Value Engineering Change Proposals.

c. The Contractor and any included subcontractor shall renew and maintain Professional Liability Insurance as outlined above for a minimum of one year following final acceptance of the work.

7. . Protected Information (this insurance requirement only applies if the Contractor or any subcontractor has or will have access to Confidential Information). Liability insurance covering all loss of Confidential Information, regardless of whether it belongs to the State of Colorado or Arvada, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows:

a. $1,000,000 each occurrence; and

b. $2,000,000 general aggregate

8. Crime insurance including employee dishonesty coverage with minimum limits as follows:

a. $1,000,000 each occurrence; and

b. $1,000,000 general aggregate.

9. Cyber/Network Security and Privacy Liability. Liability insurance covering all civil, regulatory and statutory damages, contractual damages, data breach management exposure, and any loss of State or Arvada Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of breach, violation or infringement of right to privacy rights through improper use or disclosure of protected consumer data

R1-32025 11 RFP 26-ENG-008 80th Ave Signal Improvements protection laws with minimum limits as follows:

a. $1,000,000 each occurrence; and

b. $2,000,000 general aggregate.

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

Additional Insurance Requirements:

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

• Issuance of a Purchase Order/Contract is contingent upon the receipt of the insurance documents. The Contractor shall provide certificates showing insurance coverage required by this contract to CDOT and Arvada before execution of the Agreement. No later than 15 days before the expiration date of any such coverage, the Contractor shall deliver CDOT and Arvada certificates of insurance evidencing renewals thereof. At any time during the term of this Contract, CDOT or Arvada may request in writing, and the Contractor shall thereupon within 10 days supply to CDOT or Arvada, evidence satisfactory to CDOT and Arvada of compliance with the provisions of this section. The Contractor shall provide certificates showing insurance coverage required by this contract to CDOT before execution of the contract. No later than 15 days before the expiration date of any such coverage, the Contractor shall deliver CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this Contract, CDOT may request in writing, and the Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section.

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