biddoc.pdf

COMPETITIVE SEALED BID

BID #:

Title:

Issue Date:

Pre-bid Meeting:

Location:

Questions Deadline:

Bid Due Date:

26-VCN-030

Gold Strike Park Construction

June 17, 2026

July 9, 2026 1:00 pm MT Gold Strike Park, 5500 W 56th Ave, Arvada, CO 80002 Meet at the existing parking lot accessed off W. 56th Ave.

July 16, 2026 2:00 pm MT Questions must be submitted through BidnetDirect.com. Responses will be posted on Bidnet via addendum.

August 11, 2026 2:00 pm MT Virtual Opening Information Join Zoom Meeting: https://arvadaco-gov.zoom.us/j/82303009438?pwd=58taaePf6VmjOzmG0MoyDtasKAVaaZ .1 Join by phone: +1 719-359-4580 Meeting ID: 823 0300 9438 Passcode: 402426

Bid Delivery address: Electronic Submissions must be submitted online at BidNetDirect.com by the above date and time.

Late responses will not be considered for award.

Project Delivery Date: August 31, 2028

Funding for this project is provided in part by the National Park Service’s Outdoor Recreation Legacy Partnership Program Grant funded by the Land and Water Conservation Fund and managed by Colorado Parks and Wildlife, the U.S. Department of Housing and Urban Development’s Community Development Block Grant, and Great Outdoors Colorado’s Community Impact Grant.

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

ARVADA’S VISION MISSION AND VALUES

VISION: We dream big and deliver.

MISSION: We are dedicated to delivering superior services to enhance the lives of everyone in our community.

VALUES:

Innovation – We excel in creativity, flexibility and the use of best practices while valuing diverse backgrounds, ideas and perspectives. Passion – We are a high performing, inclusive team inspiring each other to pursue excellence.

Opportunity – We value our diversity, embrace possibilities, face challenges, persevere and take action to deliver quality results.

1R3-12026 https://arvadaco-gov.zoom.us/j/82303009438?pwd=58taaePf6VmjOzmG0MoyDtasKAVaaZ.1 https://arvadaco-gov.zoom.us/j/82303009438?pwd=58taaePf6VmjOzmG0MoyDtasKAVaaZ.1 https://arvadaco-gov.zoom.us/j/82303009438?pwd=58taaePf6VmjOzmG0MoyDtasKAVaaZ.1 mailto:dkrank@arvada.org https://BidNetDirect.com https://BidnetDirect.com

Documents included in this Request:

Cover Page page 1 Advertisement for Bidders page 3 General Terms and Conditions page 5 Special Terms and Conditions for Bidders page 8 Insurance Requirements page 11 Project Special Conditions page 12 Submittal Forms to be completed and returned

• Bid Bond page 25

• Bid Proposal page 26

• Bid Schedule (Sample) page 28

• Required Contractor Submittal Form page 31 Sample of Documents if Awarded page 32

Attachments:

Attachment A Bid Schedule (Use Excel file to complete) Attachment B Gold Strike Park 100% Submittal Site Plan (attached separately due to size) Attachment C Federal Contract Provisions (Exhibit D of LWCF Grant Award Letter) Attachment D Gold Strike Park Abandoned Wells

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ADVERTISEMENT FOR BIDS

Submit bids electronically on Bidnetdirect.com for the construction of City of Arvada, Project No. DA2025-0034

Project Title: Gold Strike Park Construction

The BID DOCUMENTS, consisting of Advertisement for Bids, General Terms and Conditions, Special Terms and

Conditions, Insurance Requirements, Project Special Provisions, Addendum when issued, Bid Bond, Bid Proposal, Bid Schedule, Performance and Payment Bond, Submittal Checklist and References, Sample documents, and the

Project Drawings may be examined at the following location: www.bidnetdirect.com

No cost bid documents may be obtained at www.bidnetdirect.com on or after June 17, 2026 .

ESTIMATED QUANTITIES OF THE MAJOR ITEMS OF WORKARE:

ITEM UOM

Mobilization 1 LS Traffic Control 1 LS Erosion Control + Maintenance 1 LS Earthwork, Excavation and Haul Off-site 2935 CY Creek Restoration 1 LS Tree and Stump Removal 1 LS

Water: Utility Boring 8" HDPE (Length is total for (3) bores) 830 LF Water: 2" Tap (serves restroom and boulder water feature, 2 EA irrigation) Sanitary: Connect to Existing based on 4" Tap 1 LS Storm: Rain Gardens/ Infiltration Basin 3 EA Storm: 15" RCP Storm Sewer 465 LF

Restroom with Storage (includes gutter, downspout, concrete slab) 1 LS Picnic Shelter 1 EA Educational Pavillion 1 EA Pedestrian Bridge installation (includes abutments, piers, aggregate, 1 EA riprap) Boardwalk (includes small bridges, piers) 1 LS Handrail 117 LF Installation of play equipment 1 LS

Asphalt Paving - Parking Lots + Roadways 3597 SY Concrete Paving – Vehicular 5135 SF Concrete Curb & Gutter - 6" vertical, 2' pan 1920 LF Concrete walkways - Standard Finish 26,780 SF Concrete Paving - Decorative Finish – Lithocrete 3725 SF Concrete Thickened Edge at Play Surfaces 548 LF Crusher Fines Paving – Stabilized 7,722 SF Poured-in-place Rubber Surfacing 13,021 SF Planting Border Fence - Post and Rope 965 LF Plant ID Signage 30 EA Interpretive Signs 7 EA

Stone Type 1 - Boulder Edge 221 TN Stone Type 5 - Flagstone Paving 60 TN Stone Type 7 - Boulder Water Feature Slabs 1 LS Stone Type 8 - Animal Sculptures 6 EA

Deciduous Trees - 2.5" Cal. 93 EA 5 Gallon Container Plants – Shrubs 945 EA 1 Gallon Container Plants - Perennials 1,782 EA Soil Preparation for Native Areas (Amendments and Compost) 1 LS Tap Meter Pit, Valve, & Installation 1 LS 2" Irrigation Tap Additional Fees 1 LS Irrigation Installation Estimate 1 LS

3R3-12026 http://www.bidnetdirect.com/ www.bidnetdirect.com https://Bidnetdirect.com

Ce oO =

ITEM

Electrical Hook Ups/EVstations 2EA

Pedestrian Lights 1LS 1LSParking Lot Lights

Miscellaneousitems includecitizen notification, traffic control, and other appurtenances.

Bidders, subcontractors and suppliers must be familiar with the then current City of Arvada Engineering Code of Standards and Specifications, dated October 2 ,2023, which will be combined with the Bid Documents to form the

Contract Documentsfor the Project. A copy of the Standards may be obtained from theoffice of the City Engineer upon a non-refundable payment of $50.00. Holderswill be notified when supplementalrevisions and additions are available as they are adopted. The Standards are also available at mo cost on the City's website at https:/Avww.arvadaco.gov/167/Engineering-Code. Holders are responsible for keeping current their City of Arvada

Engineering Code of Standards and Specifications.

pate: 0 ~ 15 -2opl. CITY OF ARVADA

Ars Steveuspel Ryan Stevenson Director Department of Vibrant Communities and Neighborhoods 8101 Ralston Road Arvada, Colorado 80002

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GENERAL TERMS AND CONDITIONS

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

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

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

4. INDEMNIFICATION OF ARVADA.

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

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

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. NO OPINION OF COUNSEL LETTERS. Pursuant to Section 8.1 of the Arvada City Charter, the City Attorney provides advice to the City Council and City Officials in matters relating to their official powers and duties, and will perform such other duties as City

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Council may prescribe by ordinance or resolution. The City Attorney will not issue opinion of counsel letters, memoranda or statements to third parties, including, but not limited to that any contract or lease is binding on the public entity, enforceable, etc.

7. CONFIDENTIAL DOCUMENTS. Contractors 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 Contractor 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 Contractor.

By its submission of the Proposal/Response, Contractor 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. §§24-72-101et seq. and any other applicable law.

Further, Contractor 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 Contractor’s objection.

8. 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 the City of Arvada or others.

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. 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.

11. 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.

12. SUBCONTRACTING. Contractor shall not award work to subcontractor(s) in excess of fifty percent of the total contract price without Arvada's prior written approval. Contractor shall be responsible for any failure by any subcontractor or subcontractor personnel to perform in accordance with the Agreement or to comply with any duties or obligations imposed on Contractor under the Agreement to the same extent as if such failure to perform or comply was committed by Contractor or Contractor's personnel. Contractor shall be Arvada's sole point of contact regarding the services, including with respect to payment.

13. 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.

14. 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.

15. 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 Work that will result in completion of the Work in accordance with this Agreement. To that end, Contractor agrees to proceed with all due diligence to complete the Work in a timely manner in accordance with this Agreement, and further agrees that failure to complete any of the Work 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.

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16. 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.

17. 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.

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

19. 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.

20. FORCE MAJEURE. Any delays in or failure of performance by any party of its obligations under the Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party.

21. 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.

22. EQUAL EMPLOYMENT OPPORTUNITY. Contractor shall not refuse to hire, discharge, promote or demote, or discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, color, national origin or ancestry, religion, disability, age, sexual orientation, gender identity, veteran status, or any other basis prohibited by federal, state, or local law.

23. BINDING AUTHORITY. Contractor represents and affirms that the signature page hereof accurately states the full legal name of Contractor (whether as a corporation, partnership, limited liability company, sole proprietorship, or other), contains all requisite signature(s) on behalf of Contractor, has been properly acknowledged by attestation, notary acknowledgment, or both, and in all other respects is effective to bind Contractor, in accordance with all applicable statutes, regulations, resolutions, rules, bylaws, agreements, or similar sources of authority or limitation.

24. PREFERENCES IN EMPLOYMENT OF COLORADO LABOR. To the extent that obligations and responsibilities may be established by C.R.S. § 8-17-101 et seq., as amended, with respect to certain public entities and those contracting therewith as to the procurement of services:

a. Colorado labor shall be employed to perform eighty percent (80%) of the work.

b. Any waiver of this requirement must comply with C.R.S. § 8-17-101 et seq., as amended.

25. RETAINAGE REQUIREMENTS. Contractor agrees to submit monthly invoices together with any retainage requirements as prescribed by the City of Arvada Engineering Code and Standards and Specifications and Colorado state statutes (see e.g., C.R.S.

§§24-91-101 et seq.). Payment from Arvada will traditionally be paid NET (15) days but no later than NET thirty (30) days. Invoices will accurately reflect actual work completed by Contractor.

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. Contractor 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 FOR BIDDERS

1. RECEIPT AND OPENING OF BIDS. Bids submitted electronically on the BidnetDirect.com website only become available to the

City of Arvada after the bid closes. Bidder shall assume full responsibility for timely upload of bid to the BidnetDirect website. The City reserves the right, where its best interest will be served, to accept or reject any conditional or qualified bid.

The City reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete bid items called out in the bid schedule prior to making an award. Informality: A minor defect or variation of the bid or proposal from the exact requirements of the solicitation which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured

2. QUANTITY AND NATURE OF THE WORK. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including Addendum. After Bids have been submitted the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done.

3. CONTENTS OF BID. Contractors are required to submit Bids with the following conditions:

1) Contractors shall make all investigations necessary to inform themselves of the sites affected and the work required by the Solicitation.

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 not authorized.

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

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.

4. BID SECURITY. Each Bid must be accompanied by a PHOTO of the Bid Bond, on the form attached to these contract documents, payable to the City for five (5) percent of the total amount of the Bid. As soon as the bid Prices have been compared, the City will issue intent to award on the Bidnetdirect.com web site. The vendor who is named as the intent to award Contractor must submit the physical Bid Bond within 10 days or the intent to award may be revoked. The Bid Bond of the successful Bidder will be retained until the Payment and Performance Bond has been executed and approved after which it will be returned. A certified check may be used in lieu of a Bid Bond.

5. POWER OF ATTORNEY. Attorneys-in-fact who sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

6. QUALIFICATION OF BIDDER. The City may make such investigation as it deems necessary to determine the ability of the Bidder to perform the work. The City reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligation of the Contract Agreement and to complete the work contemplated therein. The City reserves the right, before awarding the contract, to require a Contractor 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.

7. NOTICE OF AWARD. The responsible bidder with the lowest-priced, most responsive bid who meets the requirements and criteria set forth in the CSB within the limits of funds available and that best serves the City’s interest will be selected to receive the award.

Awarded Bidder will be required to execute a Contract with the City, obtain Certificates of Insurance, and a Performance and Payment Bond as security.

8. FAILURE TO ENTER INTO CONTRACT / SUBMIT REQUISITE DOCUMENTATION. The selected Bidder will be required to obtain Certificates of Insurance and a Performance and Payment Bond, as contract security, within seven (7) calendar days from the date the Contract is executed. In case of failure of the bidder to execute the Contract and/or provide satisfactory Insurance and Contract Security, the City may at its option, consider the Bidder in default, in which case the Bid Bond accompanying the Proposal shall become the property of the City.

9. CONTRACT DOCUMENTS. The Contract Documents consisting of the Bid Documents, which include the Advertisement for Bids, Information for Bidders, General Terms and Conditions, Special Terms and Conditions, Insurance Requirements, Project Special Provisions, Addendum, Bid Bond, Bid Proposal, Bid Schedule, Vendor Submittal Form, Construction Drawings, Supplemental Specifications and the City of Arvada Engineering Code of Standards and Specifications dated October 2, 2023, which includes the Measurement and Payment specifications, and the attached Notice of Award form, Performance and Payment Bond form, Notice to Proceed form, and Change Order form, when combined, contain the provisions required for the construction of the Project. Information obtained from an agent or employee of the City or any other person shall not affect the risks or obligations assumed by the Contractor or relieve it from fulfilling any of the conditions of the contract.

10.TERM OF CONTRACT. The Contract shall commence on the date of the purchase order or contract execution and shall remain in effect until such time as the commodities, equipment and/or services acquired in conjunction with this Bid have been accepted by the City's authorized representative. Any required warranty period which exceeds this term shall remain in full force for the duration of the

8R3-12026 https://Bidnetdirect.com https://BidnetDirect.com warranty period.

11.PRICING SHALL BE FIXED AND FIRM. The prices offered by the Bidder shall remain fixed and firm for at least 90 ninety days.

No changes in the Bid shall be allowed after the date and time of the Bid deadline due to error by the Contractor.

12.CONTRACT SECURITY. A Performance and Payment Bond, on the form attached to these contract documents, in the amount of

100% of the Contract price, with a corporate surety approved by the City, will be required for the faithful performance of the Contract.

13.NOTICE TO PROCEED. The Notice to Proceed shall be issued within seven (7) calendar days of the Contractor meeting all prerequisites of the City. Should there be reason why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the City and the Bidder. In the event the Notice to Proceed has not been issued within the seven day period or within the period mutually agreed upon the Contractor may terminate the Contract without further liability on the part of either party.

14.MODIFICATION OR WITHDRAWAL OF BIDS BY CONTRACTOR.

Modifications to Bids- Changes to the Bid after the submission deadline shall be allowed only when the Bidder can show by clear and convincing evidence that an unintentional factual mistake was made. Modification requests must be made in writing. Any modification submitted to the City must have the Bidder's name, address, Solicitation Number and title included. The purchasing manager will review each request and approve or deny such requests in their sole discretion in accordance with the City’s Administrative Policy and Procedures Related to the Purchasing Ordinance.

Withdrawal of Bids- Withdrawal of the Bid after the Bid Opening will result in the Bidder forfeiting the provided Bid Bond.

15. REJECTION OF OFFERS BY CITY.

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

1) The Contractor misstates or conceals any material fact in its Bid;

2) The Contractor's Bid does not strictly conform to the law or requirements of the Solicitation;

3) The Bid expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Special

Conditions;

4) The Bid does not include documents which are required for submission with the Bid; or

5) The Bid has not been executed by the Contractor through an authorized signature.

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

1) Reject all or parts of Bids submitted by prospective Contractors;

2) Re-advertise this Solicitation;

3) Postpone or cancel the Solicitation;

4) A Bid may not be accepted from, nor any contract be awarded to, any person or firm which

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

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

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

16. 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. Bidders 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 Bid, it shall be agreed that the Bid fully complies with all conditions identified in this Solicitation.

17. ELIGIBILITY OF CONTRACTORS: MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED. Bids 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. Bidders 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 Bidder 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.

18. ELECTRONIC PAYMENT METHODS - CITY OF ARVADA SINGLE USE ACCOUNT.

Contractors are encouraged to consider the following method of payment.

Single Use Account: The City incorporates the use of Single User Accounts as an option to seamlessly process payment of larger dollar purchase orders and contracts to vendors/contractors/providers. A secure, one-time payment transaction account processes to pay invoices via the Contractor’s merchant bank. Invoice payments have an enhanced speed-of-pay cycle that can significantly benefit cash flow.

19. CONDITIONS OF WORK AND OBLIGATION OF BIDDER. Each Bidder is responsible for independently inspecting the site and for reading and being thoroughly familiar with the Contract Documents and for providing the names of major suppliers and sub-contractors in the space provided on the Bid Proposal form. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve the Bidder from any obligation in respect to their Bid Proposal.

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20. CONTRACTOR LICENSE. The Bidder to whom the Contract is awarded and any subcontractors employed by the Bidder must have or acquire the appropriate Contractor’s license issued by the City of Arvada Engineering Division, including submittal of license bond, necessary insurance certificate, and license fee before initiating any work. The Bidder and any subcontractors will also be required to obtain a no charge Public Improvements Permit from the City of Arvada Engineering Division prior to initiating any and all work on this project.

21. PERFORMANCE MEASUREMENTS FOR SERVICES MORE THAN $15,000.

The City has incorporated Performance Management into its organizational culture. The City will monitor and report on the following performance measures. These measures will determine, in part, renewals and eligibility for future awards. Measures include: (a) safety as defined by observation and OSHA reportable injuries, (b) quality of contracted work, (c) work completed within required schedule,

(d) administration and coordination of estimates, RFIs, ASIs, change orders, pay requests and close out documents, (e) fair and justifiable change orders, (f) responsiveness and follow through on requests.

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

22. PREPARATION AND SUBMISSION.

Bids will be prepared as follow:

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

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

3) The only authorized version of this Bid is posted on WWW.BIDNETDIRECT.COM. Registration is available to receive email notification of new solicitations, addenda, and communications.

FEDERAL GRANT TERMS AND CONDITIONS FOR BIDDERS

1. UNFAIR COMPETITIVE ADVANTAGE.

Pursuant to 2 CFR §200.319(b), to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that developed or assisted in the drafted specifications, requirements, statement of work, for this solicitation are excluded from competing.

2. SUBCONTRACT WORK.

Bidders shall consider contracting with small firms, minority-owned firms, women-owned firms, or labor surplus area firms for subcontract work in accordance with 2 CFR § 200.321. Such consideration means:

1) Placing these businesses on solicitation lists as potential sources (2 CFR § 200.321(b)(1));

2) Ensuring that such businesses are solicited as potential sources (2 CFR § 200.321(b)(2));

3) Dividing total requirements and/or delivery schedules into smaller tasks, when economically feasible, to permit maximum participation of such businesses (2 CFR § 200.321(b)(3) and (4)); or

4) Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the

Department of Commerce (2 CFR §200.321(b)(5)).

3. DOMESTIC PREFERENCES FOR PROCUREMENTS.

In accordance with 2 CRF 200.322, the Bidder, to the greatest extent practicable and consistent with federal law, shall purchase, acquire, and/or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

If unable to satisfy these requirements, Bidder shall provide notice of its intent to seek a Buy America Preference waiver in accordance with 2 CFR §184.7 as part of its Bid.

4. PROCUREMENT OF RECOVERED MATERIALS.

In accordance with 2 CFR §200.323(a), Bidder must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

In accordance with 2 CFR §200.323(b), Bidder, to the greatest extent practicable and consistent with law, shall purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the

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use of single-use plastic products. See Executive Order 14057, section 101, Policy.

5. EQUAL EMPLOYMENT OPPORTUNITY.

The following requirement applies only if the provisions of Executive Order 14173 that revokes Executive Order 11246 is deemed unenforceable during the term of this Agreement:

Contractor shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) and will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 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.

6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701-3708).

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. CLEAN AIR ACT (42 U.S.C. 7401-7671q.)

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.

8. DEBARMENT AND SUSPENSION (Executive Orders 12549 and 12689).

Contractor certifies that has not been debarred, suspended, or otherwise excluded in the System for Award Management (SAM).

9. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352).

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

INSURANCE REQUIREMENTS

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

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

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

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

4. Umbrella Liability of $10,000,000 following form to the Commercial General Liability.

5. Builders Risk or Course of Construction with flood coverage endorsement for the total completed value of the project. Purchased by contractor to cover physical damage to property in construction or rehab. Contractors will ensure that City and subcontractors will be covered as additional insureds, excluding their own machinery, tools and equipment.

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

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

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

Additional Insurance Requirements:

• Contractor will be required to, at its own expense, keep in full force and effect during the term of the Contract, and during the term of any extension or amendment of the Contract, 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 Insurance & Risk Program Director.

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

• Issuance of a Purchase Order/Contract is contingent upon the receipt of the insurance documents. Work shall not commence before this requirement is met. If the Contractor fails to submit the required insurance documents within seven calendar days after notice to submit such policies is given to the Contractor by a City representative, the

Contractor may be in default of the Award.

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

• The City, through its Insurance & Risk Program Director, reserves the right to require additional insurance coverage and other requirements.

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SPECIAL CONDITIONS

City of Arvada Project No. DA2025-0034, Project Title: Gold Stike Park Construction

Conditions peculiar, but essential, to the successful performance and acceptance of the work on this project are itemized below. As such, they shall take precedence over the City of Arvada Engineering Code of Standards and Specifications (latest edition).

A. GENERAL CONSIDERATIONS

SC-A-1 CONTRACT TIME AND LIQUIDATED DAMAGES: This project is to be completed, including cleanup no later than August 31, 2028, unless the contract time is adjusted by change order.