Quebec Ped Railing Contract Docs.pdf

CONTRACT DOCUMENTS and

SPECIFICATIONS

Quebec St Pedestrian Rail Replacement

Construction Services

August 2025

Department of Public Works

This page intentionally left blank

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS – ELECTRONIC BID SUBMITTAL

BID FORM

BID SCHEDULE

SUBCONTRACTOR SCOPE OF WORK

CONSTRUCTION AGREEMENT

PERFORMANCE BOND

PAYMENT BOND

SAMPLE NOTICE OF AWARD

SAMPLE NOTICE TO PROCEED

SAMPLE NOTICE OF FINAL SETTLEMENT

GENERAL CONDITIONS

PART 1. DEFINITIONS

1.01 CONTRACT DOCUMENTS:

1.02 CHANGE ORDER:

1.03 CITY:

1.04 CONTRACT:

1.05 CONTRACT PRICE:

1.06 CONTRACT TIME:

1.07 DAY:

1.08 FINAL COMPLETION:

1.09 PROJECT MANAGER:

1.10 PROJECT SITE:

1.11 SAMPLES AND SHOP DRAWINGS:

1.12 SUBCONTRACTOR:

1.13 SUBSTANTIAL COMPLETION:

1.14 WORK:

1.15 WRITTEN NOTICE:

PART 2. TIME

2.01 TIME OF THE ESSENCE:

2.02 FINAL ACCEPTANCE:

2.03 CHANGES IN THE WORK:

2.04 NOTICE TO PROCEED:

2.05 DELAYS:

2.06 EXTENSIONS

2.07 SUSPENSION OF WORK:

2.08 NO DAMAGES FOR DELAY:

PART 3. CONTRACTOR'S RESPONSIBILITIES

3.01 COMPLETION/SUPERVISION OF WORK:

3.02 DUTY TO INSPECT:

3.03 FURNISHING OF LABOR AND MATERIALS:

3.04 EMPLOYEES AND SAFETY:

3.05 CLEANUP AND MAINTENANCE:

3.06 PAYMENT OF ROYALTIES AND LICENSE FEES:

3.07 TAXES, LICENSES AND PERMITS:

3.08 SAMPLES AND SHOP DRAWINGS:

3.09 COMPLIANCE WITH LAWS AND REGULATIONS:

3.10 SUBCONTRACTORS:

3.11 CORRECTIVE WORK:

3.12 COORDINATION OF WORK:

3.13 COMMUNICATION:

3.14 WORK HOURS:

3.15 PRECONSTRUCTION CONFERENCE:

3.16 SALVABLE MATERIAL:

3.17 APPARENT ERRORS AND OMISSIONS:

3.18 INSPECTION AND TESTING:

3.19 PROTECTION AND RESTORATION OF PROPERTY:

3.20 ENVIRONMENTAL PROTECTION:

3.21 TRAFFIC:

3.22 BARRICADES, SIGNS AND MARKINGS:

3.23 EMPLOYEE PARKING:

3.24 WATER AND ELECTRICITY:

3.25 UTILITIES:

3.26 SURVEYING:

3.27 SCHEDULE:

3.28 MATERIAL:

3.29 STORAGE OF MATERIALS AND EQUIPMENT:

3.30 ARCHAEOLOGICAL AND HISTORICAL DISCOVERIES:

3.31 CONSTRUCTION DRAWINGS:

PART 4. TERMINATION

4.01 LABOR DISPUTES:

4.02 DEFAULT:

PART 5. WARRANTIES

5.01 WARRANTY OF FITNESS OF EQUIPMENT AND

MATERIALS:

5.02 GENERAL WARRANTY:

PART 6. BONDS, INSURANCE, AND INDEMNIFICATION

6.01 INDEMNIFICATION:

6.02 NOTICE OF CLAIM:

6.03 INSURANCE:

6.04 PERFORMANCE AND PAYMENT BONDS:

PART 7. PAYMENT

7.01 PROGRESS PAYMENTS:

7.02 FINAL PAYMENT:

7.03 LIQUIDATED DAMAGES:

7.04 ORAL AGREEMENTS PROHIBITED:

7.05 ITEMS NOT INCLUDED IN BID:

7.06 CHANGES IN QUANTITY:

7.07 BID PRICE ADJUSTMENTS:

7.08 ELIMINATED ITEMS:

7.09 MATERIALS STORED BUT NOT INCORPORATED:

7.10 CLAIM PROCEDURES:

7.11 COST RECORDS:

PART 8. MISCELLANEOUS

8.01 PUBLICATIONS:

8.02 CONFIDENTIALITY:

8.03 INDEPENDENT CONTRACTOR:

8.04 CONFLICTS:

8.05 ADDITIONAL PLANS:

COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS ................... i

COMMENCEMENT AND COMPLETION OF WORK

REVISION OF SECTION 202

REVISION OF SECTION 514

REVISION OF SECTION 630

FORCE ACCOUNT

BID INFORMATION

ADVERTISMENT FOR BID

Notice is hereby given that the City of Greenwood Village, Colorado (the "City") will receive bids by electronic submission through the Rocky Mountain E-Purchasing System on the City of

Greenwood Village website, www.greenwoodvillage.com/bids , for the Quebec St Pedestrian

Rail Replacement

Bids must be submitted by 2:00 p.m., August 20, 2025.

The plans and specifications for the Quebec Pedestrian Rail Replacement are available electronically via the Rocky Mountain E-Purchasing System on the City of Greenwood Village website, www.greenwoodvillage.com/bids.

The City reserves the right to reject any and all proposals, and to make final determination in the event of duplications. No bid may be withdrawn for a period of sixty (60) days after the date set for opening thereof.

Preference is hereby given to materials, supplies, and provisions produced, manufactured, or grown in Colorado, quality being equal to articles offered by competitors outside of the State.

Colorado labor shall be employed to perform the work for which bids are requested herein to the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on such work, pursuant to C.R.S. § 8-17-

101.

The City requires a certified or cashier's check, or a corporate surety bond in the amount of five percent (5%) of the total bid amount before the City can accept or consider any bid for any bids greater than Fifty Thousand Dollars ($50,000.00). The bid and the deposit shall be filed with the

Public Works Department, securely sealed, and endorsed on the outside with a brief statement as to the nature of the item or work for which the bid is provided. Upon a bid award, such bond shall be returned to the unsuccessful bidder(s). In the case of the successful bidder, the bid bond will be returned upon receipt of the required payment and performance bonds, each in the full amount of the contract price. Such bonds will be retained by the City until the two-year (2) warranty period has expired. Pricing information will be shared with interested parties and will also be available through the Rocky Mountain Purchasing System. An electronic bid opening will occur at 2:01 p.m., August 20, 2025. Pricing information will be available through the Rocky Mountain

Purchasing System.

Any questions regarding the project should be submitted electronically via the Rocky Mountain

E-Purchasing System on the City of Greenwood Village website, www.greenwoodvillage.com/bids.

/s/ Jeremy Hanak

Director of Public Works

DATE PUBLISHED: August 4, 2025

PUBLISHED ON: Rocky Mountain E-Purchasing System and www.greenwoodvillage.com http://www.greenwoodvillage.com/bids http://www.greenwoodvillage.com/bids http://www.greenwoodvillage.com/bids http://www.greenwoodvillage.com/

INSTRUCTIONS TO BIDDERS – ELECTRONIC BID SUBMITTAL

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

2. Bids must be submitted by electronic submission via the Rocky Mountain E-

Purchasing System, which can be accessed through the City of Greenwood Village website at www.greenwoodvillage.com/bids. Bids must be submitted by the date and time designated in the

Invitation to Bid, as revised by all Addenda if applicable. Complete bids must include the following:

a) Bid Form & Schedule

b) 5% Bid Bond

c) Subcontractors List

d) Prospective Contractor’s Certificate Regarding Employing or Contracting with

Workers without authorization

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

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

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

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

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

7. Any amplification, clarification, explanation, interpretation, or correction of a Bid shall be made only by written addendum, and a copy of the addendum shall be posted on the Rocky

Mountain Bid System for e-mail notification to each person receiving a set of Bid Documents. The

City is not responsible for any amplification, clarification, explanation, or interpretation or correction of a Bid not contained in written addenda.

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

9. Bids are solicited and submitted subject to the requirements of the City of

Greenwood Village Purchasing Policies and Procedures Manual.

10. The submission of a Bid shall be conclusive evidence and a legal admission that the

Bidder: (a) has no questions, complaints, or objections about the Contract Documents, subject to any requests made by the Bidder for amplification, clarification, explanation, interpretation, or correction;

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

11. An electronic bid opening will occur at 2:01 pm, August 20, 2025. No Bids may be withdrawn after the electronic bid opening. Bids may be withdrawn at any time prior to the beginning of the electronic bid opening or modified as provided in Paragraph 7 hereof prior to the opening.

12. The Project will be awarded to the lowest responsible and responsive Bidder complying with the terms and conditions, guidelines, and specifications presented in the Contract

Documents and these Instructions to Bidders. The City reserves the right to determine, in its sole reasonable discretion, whether any Bid meets the needs or purposes intended and is within the approved budget. The City does not base its award on prices alone. Also, to be considered are:

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

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

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

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

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

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

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

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

or

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

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

16. All parts not specifically mentioned which are necessary in order to provide a complete unit shall be included in the Bid. Any item listed as "Standard" in the manufacturer's published specification, furnished by the Bidder, is assumed to be included in the Bid. Any variations shall be outlined in writing, noting cost factors where applicable. Should any requirement in the

Contract Documents not be included in manufacturer's specification sheets, the Bidder shall include with the Bid a statement of compliance, or the Bid may be disqualified. Each Bid shall include a statement of standard warranty of the manufacturer.

17. Bids shall be in accordance with the specifications contained in the attached Contract

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

18. If this project is subject to the bid bond requirement, each Bidder shall submit a certified check, cashier's check, or surety bond in the amount of five percent (5%) of the total Bid amount before the City can consider the Bid.

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

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

21. Copies of the Invitation to Bid and complete contract documents are available electronically via the Rocky Mountain E-Purchasing System on the City of Greenwood Village website, www.greenwoodvillage.com/bids.

BID FORM

Notice is hereby given that the City of Greenwood Village, Colorado (the "City") will receive bids by electronic submission via the Rocky Mountain E-Purchasing System on the City of Greenwood

Village website, www.greenwoodvillage.com/bids. Bids must be submitted by 2:00 p.m., August

20, 2025. Bids shall be for the purpose of:

Quebec Pedestrian Rail Replacement

Jeremy Hanak, Director of Public Works

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

Company Name:

Address:

Telephone Number:

Total Bid: (Numbers)

Total Bid: (Words)

By:

Signature

Name

(printed or typed)

Title

(printed or typed)

Addenda Dated Bidder's Initial ________________

Addenda Dated Bidder's Initial ________________

(SEAL)

ATTEST:

BID SCHEDULE

ITEM NO. CONTRACT ITEM UNIT PLAN UNIT PRICE TOTAL COST

202 Removal and Disposal of Existing Railing LS 1

514 Installation of New Ped Railing/w Base Plate LF 308

626 Mobilization LS 1

Traffic Control [with Uniformed Traffic Control as

Needed]

LS 1

700 F/A Landscape Restoration FA 1 $5,000 $5,000

SUBCONTRACTOR SCOPE OF WORK

Subcontractor Scope of Work Percent of

Contract

CONSTRUCTION AGREEMENT

THIS CONSTRUCTION AGREEMENT is made and entered into on the date _____________, by and between the CITY OF GREENWOOD VILLAGE, a Colorado home rule municipal corporation with an address of 6060 South Quebec Street, Greenwood Village, Colorado 80111

(the "City"), and ____________________________________________________ ("Contractor").

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

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

2. Contractor shall furnish all of the material, supplies, tools, equipment, labor supervision and other services necessary for the completion of the Project as set forth in the Bid Schedule, Project Special Provisions, and (Revised) Standard Special Provisions.

3. Within ten (10) days of the date of the Notice of Award, Contractor shall provide executed Contract Documents, certificate of insurance, and if the payment amount set forth in

Section 5 of this Agreement exceeds Fifty Thousand Dollars ($50,000.00) performance and payment bonds and certificate of insurance required by the Contract Documents.

4. Contractor shall commence the Project within ten (10) days of date of the Notice to

Proceed. Substantial Completion of the Project shall be accomplished within 60 days of the date of the Notice to Proceed unless the period for completion is extended otherwise in accordance with the Contract Documents. Final Completion of the Project shall be accomplished within ten (10) days of the date of Substantial Completion.

5. The City agrees to pay Contractor, subject to all of the terms and conditions of the

Contract Documents, for the Project, an amount not to exceed

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

1.01 of the General Conditions.

7. The City shall pay Contractor in the manner and at such times as set forth in the General

Conditions such amounts as required by the Contract Documents.

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

9. This Construction Agreement shall be construed under the laws of the State of

Colorado. In the event of any dispute between the parties which results in litigation, the exclusive venue for such litigation shall be the District Court in and for the County of Arapahoe, State of

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

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

11. The parties hereto understand and agree the City is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-

10-101, et seq., as amended, or otherwise available to the City, its officers, employees, or volunteers.

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

CITY OF GREENWOOD VILLAGE

By: ____________________________________

John Jackson, City Manager

Susan M. Ortiz, MMC City Clerk

APPROVED AS TO FORM:

Tonya Haas Davidson, City Attorney

CONTRACTOR

By: ___________________________________

PERFORMANCE BOND

Bond No. _____________

KNOW ALL MEN BY THESE PRESENTS: that

(Firm)

(Address)

(an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal", and hereinafter referred to as "the Surety", are held and firmly bound unto the City of Greenwood

Village, Colorado, a municipal corporation hereinafter referred to as "the Owner", in the penal sum of __________________________ Dollars in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the Owner, dated the date of _________________________, a copy of which is hereto attached and made a part hereof for the performance of the Work, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without Notice to the Surety and during the life of the guaranty period, and shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the Owner from all cost and damages which it may suffer by Contractor’s failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this _________ day of ___________________________, 20______.

PRINCIPAL

By: ________________________________ By: ________________________________

Title: _______________________________ Title: _______________________________

Address: ____________________________

(Corporate Seal)

SURETY

ATTEST: Surety: _____________________________

By: _________________________________ By: ________________________________

Attorney-in-Fact: ______________________ Title: _______________________________

(Surety Seal)

NOTE: Date of Bond must not be prior to date of Agreement and Surety must be authorized to transact business in the State of Colorado and be acceptable to the City.

PAYMENT BOND

Bond No._____________

KNOW ALL MEN BY THESE PRESENTS: that

(an Individual), (a Partnership), (a Corporation), hereinafter referred to as "the Principal", and hereinafter referred to as "the Surety", are held and firmly bound unto the City of Greenwood Village, Colorado, a Municipal Corporation, hereinafter referred to as "the Owner", in the penal sum of

__________________________ Dollars in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the Owner, dated the date of ______________________, a copy of which is hereto attached and made a part hereof for the performance of the Work, NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Agreement, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this _________ day of ____________________________, 20______.

PRINCIPAL

By: _______________________________ By: ________________________________

Title: ______________________________ Title: _______________________________

(Corporate Seal)

SURETY

ATTEST: Surety: _____________________________

By: _________________________________ By: _______________________________

Attorney-in-Fact: ______________________ Title: ______________________________

(Surety Seal)

NOTE: Date of Bond must not be prior to date of Agreement and Surety must be authorized to transact business in the State of Colorado and be acceptable to the City.

SAMPLE NOTICE OF AWARD

Date

RE: Notice of Award – Quebec St Pedestrian Rail Replacement

Dear ________________:

Thank you for submitting a bid for the Quebec St Pedestrian Rail

Replacement

____________________________has been selected as the successful Bidder, and accordingly, this letter is your Notice of Award.

Per the attached contract, please review and sign, then within ten (10) days return to me along with the Payment Bond and Performance Bonds, each in the full amount of the Contract Price, as well as your Certificate of Insurance in the amounts required in the Agreement. When dating these documents, make sure all dates on all documents are the same and the insurance policy reflects the requirements of the specifications. Return all the documents at the same time, in the same envelope.

Upon receipt of the contracts/insurance and bonds, these will be executed by the City, and once fully executed, will be returned to you.

Should you have any questions, please call me at 303-708-6114. We look forward to working with you.

Sincerely, Mike Van Dyke

Operations Manager

SAMPLE NOTICE TO PROCEED

Date

RE: Notice to Proceed – Quebec Pedestrian Rail Replacement

Dear ________________:

This letter is your Notice to Proceed, effective as of the date of this letter. This notice is in reference to the Agreement for Professional Services between the City of Greenwood Village and ______________________________ regarding the Quebec St Pedestrian Rail Replacement

Please note that the Work shall commence within ten (10) days from the date of this letter, which allows for Substantial Completion of the Project to be accomplished within 60 days of the date of the Notice to Proceed unless the period for completion is extended otherwise in accordance with the Contract Documents.

Should you have any questions, please call me at 303-708-6114. We look forward to working with you.

Sincerely, Mike Van Dyke

Operations Manager

SAMPLE NOTICE OF FINAL SETTLEMENT

For Greenwood Village

Notice is hereby given that the City of Greenwood Village, Colorado will make final payment at the

City Hall, 6060 South Quebec Street, Greenwood Village, Colorado 80111-4591 at 4:00 p.m. on

________________, 20___ to ______________________, for all work done by said contractor for the project called _______________________________________________, said construction being within the boundaries of the City of Greenwood Village, County of Arapahoe, State of Colorado, subject to prior satisfactory final inspection and acceptance of said work by the City of Greenwood

Village.

Any person, co-partnership, association of persons, company, or corporation that has furnished labor, materials, provisions, or other supplies used or consumed by such contractor or subcontractors in or about the performance of the work contracted to be done and whose claim therefore has not been paid by the contractor or subcontractors, at any time up to and including time of final settlement for the work contracted to be done, is required to file a verified statement of the amount due and unpaid on account of such claim to the City Manager, City of Greenwood Village, 6060 South Quebec Street, Greenwood Village, Colorado 80111-4591, at or before the time and date hereinabove shown. Failure on the part of any claimant to file such verified statement or claim at any time up to and including the time of final settlement will release said City of Greenwood Village, Colorado, its Council, officers, agents, and employees of and from any and all liability for such claim.

ATTEST: BY ORDER OF THE CITY COUNCIL

CITY OF GREENWOOD VILLAGE, CO

City Clerk

Mayor

DATE PUBLISHED:

PUBLISHED ON: www.greenwoodvillage.com http://www.greenwoodvillage.com/

GENERAL CONDITIONS

PART 1. DEFINITIONS

1.01 CONTRACT DOCUMENTS:

A. Advertisement for Bids;

B. Invitation to Bid;

C. Instructions to Bidders;

D. Bid Form;

E. Bid Schedule;

F. Construction Agreement

G. General Conditions;

H. Special Conditions;

I. Technical Specifications;

J. Notice of Award;

K. Notice to Proceed;

L. Payment Bond;

M. Performance Bond;

N. Greenwood Village Minimum Testing Requirements;

O. Construction Drawings;

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

Q. Addenda through ; and

R. The current edition of the Colorado Department of Transportation Standard

Specifications for Road and Bridge Construction, excluding Section 100.

1.02 CHANGE ORDER:

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

Time.

1.03 CITY:

The City of Greenwood Village, Colorado.

1.04 CONTRACT:

The entire written agreement covering the performance of the Work described in the Contract

Documents, including all change orders.

1.05 CONTRACT PRICE:

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

1.06 CONTRACT TIME:

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

1.07 DAY:

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

1.08 FINAL COMPLETION:

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

1.09 PROJECT MANAGER:

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

1.10 PROJECT SITE:

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

Contract Documents.

1.11 SAMPLES AND SHOP DRAWINGS:

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

1.12 SUBCONTRACTOR:

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

1.13 SUBSTANTIAL COMPLETION:

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

1.14 WORK:

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

1.15 WRITTEN NOTICE:

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

To the City: Attn: Mike Van Dyke

Operations Manager

10001 E Costilla Ave

Greenwood Village, CO 80112-3730

To Contractor: Attn:

PART 2. TIME

2.01 TIME OF THE ESSENCE:

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

2.02 FINAL ACCEPTANCE:

After the general warranty has expired and all warranty work has been accepted by the Project

Manager, the Project Manager will issue final acceptance.

2.03 CHANGES IN THE WORK:

The City reserves the right to order changes in the Work, in the nature of additions, deletions or modifications, without invalidating the Contract, and to make corresponding adjustments in the

Contract Price and the Contract Time. All changes shall be authorized by a written Change Order signed by the Project Manager. The Change Order shall include appropriate changes in the Contract

Documents and the Contract Time. The Work shall be changed, and the Contract Price and Contract

Time modified only as set forth in the written Change Order. Any adjustment in the Contract Price resulting in a credit or a charge to the City shall be determined by mutual agreement of the parties before the work set forth in the Change Order is commenced. If a Change Order results in an increase in the Contract Price, approval by the Greenwood Village City Council may be required.

2.04 NOTICE TO PROCEED:

Contractor shall not commence work prior to the issuance of a Notice to Proceed. The Notice to

Proceed shall state the date on which the Contract Time commences. Contractor shall commence

Work no later than ten (10) days after the date of the Notice to Proceed.

2.05 DELAYS:

A. If Contractor is delayed in the progress of the Work by fire, unusual delay in transportation, adverse weather conditions not reasonably to be anticipated, or other unavoidable casualties beyond Contractor's control, the Contract Time shall be extended for a reasonable period of time as determined by the City.

B. Any request for extension of the Contract Time shall be made in writing to the Project

Manager not more than seven (7) days after commencement of the delay; otherwise, it shall be waived. Any such request shall contain an estimate of the probable effect of such delay on the progress of the Work.

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

2.06 EXTENSIONS

2.07 SUSPENSION OF WORK:

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

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

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

2.08 NO DAMAGES FOR DELAY:

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

PART 3. CONTRACTOR'S RESPONSIBILITIES

3.01 COMPLETION/SUPERVISION OF WORK:

Contractor shall be responsible for completion of all Work in a timely and workmanlike manner in accordance with the terms and specifications of the Contract Documents, including the techniques, sequences, procedures and means. Contractor shall be responsible for the coordination of all Work. Contractor shall supervise and direct the Work and give it all attention necessary for proper supervision and direction. Contractor shall maintain a supervisor on site at all times when

Contractor or any subcontractor is performing Work. Failure to have a competent superintendent on site and available to the City to address construction shall result in the issuance of a stop work order until such time that the Contractor demonstrates compliance with the requirement. The superintendent shall be responsible to address all issues raised by the City in regards to all work, including subcontractor work.

The Contractor shall provide names and phone numbers of contractor’s personnel that can be contacted during non-working hours. The personnel shall be available 24 hours a day, 7 days per week.

3.02 DUTY TO INSPECT:

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

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

3.03 FURNISHING OF LABOR AND MATERIALS:

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

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

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

C. While engaged in the performance of the Work, Contractor shall maintain employment practices that do not violate the provisions of the Colorado Antidiscrimination Act, C.R.S. § 24-

34-301, et seq., as amended.

3.04 EMPLOYEES AND SAFETY:

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

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

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

Work, and all property and improvements on the Project Site and adjacent property.

3.05 CLEANUP AND MAINTENANCE:

A. Contractor shall keep the Project Site and adjoining ways free of waste material and rubbish caused by its employees or subcontractors, and shall remove all such waste material and rubbish daily during construction. Contractor shall clean any soil, dirt, or debris tracked onto any streets or sidewalks or conveyed into any drainage system daily. Contractor shall upon termination of its

Work, conduct general cleanup operations on the Project Site, including the cleaning of all surfaces, paved streets and walks, and steps. Contractor shall also conduct such daily general cleanup operations on adjacent properties which were disturbed by the Work.

B. From the date of the Notice to Proceed through Final Completion, Contractor shall maintain all Work without additional compensation. Maintenance includes keeping the Project

Site in satisfactory condition at all times, maintaining approaches, crossings, intersections, and other features necessary to accommodate traffic, and tending to all landscaping and vegetation on the Project Site and using measures to prevent and control dust. Additionally, Contractor shall prevent damage to the Work, provide for drainage, and erect all necessary temporary structures, signs, or other facilities required to maintain the Work until Final Completion.

C. Contractor shall protect the Work against injury or damage from all causes, including but not limited to, action of the elements, traffic, fire, theft, vandalism, or third party negligence, until

Final Completion. Contractor shall rebuild, repair, restore, or replace all Work that is injured or damaged prior to Final Completion at no cost to the City.

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

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

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

3.06 PAYMENT OF ROYALTIES AND LICENSE FEES:

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

3.07 TAXES, LICENSES AND PERMITS:

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

B. Contractor shall procure, revise, and renew all permits, including Colorado Discharge

Permit System Stormwater Management Plan, and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. Prior to beginning Work, Contractor shall furnish the Project Manager a written list of all permits required for the proper completion of the Work. The list shall clearly identify the type of permit or permits that must be obtained before Work on any particular phase may be started. Copies of the fully executed permits shall be furnished to the Project Manager upon request.

3.08 SAMPLES AND SHOP DRAWINGS:

A. Upon the request of the Project Manager, shop drawings shall be furnished by Contractor, subcontractors, manufacturers, suppliers, or distributors, at no extra cost to the City. All Work shall comply with approved samples and drawings. No portion of the work requiring a submittal shall be commenced until the submittal has been approved by the Project Manager and returned to

Contractor with a notation indicating that resubmittal is not required.

B. Submittals shall be complete in all respects. If the submittals show any deviations from the

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

C. Contractor shall submit to the Project Manager for approval four (4) sets of samples and shop drawings accompanied by a letter of transmittal listing the information submitted. Each submittal shall show the name of the Project, Contractor's name, and the names of any suppliers, manufacturers, and subcontractors. The Project Manager reserves the right to request additional submittals as the Project progresses, and Contractor shall provide such submittals within ten (10) days of the Project Manager's request. Within fourteen (14) days of receipt of said submittals, the

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

D. Approval by the Project Manager is only approval of the overall design concept of the

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

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

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

3.09 COMPLIANCE WITH LAWS AND REGULATIONS:

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

3.10 SUBCONTRACTORS:

A. Upon execution of the Construction Agreement, Contractor shall furnish to the Project

Manager a list of names of subcontractors to whom Contractor proposes to award the portions of the Work to be subcontracted by Contractor.

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

C. All contracts between Contractor and subcontractors shall comply with the Contract

Documents and incorporate the relevant provisions of the Contract Documents.

D. Contractor may subcontract a portion of the Work. However, Contractor shall perform work amounting to fifty percent (50%) or more of the Contract Price. Any items designated in the

Specifications as "specialty items" may be deducted from the Contract Price before computing the amount of Work required to be performed by Contractor.

3.11 CORRECTIVE WORK:

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

3.12 COORDINATION OF WORK:

The City reserves the right to let other contracts in the Project Site or conduct City operations.

Contractor shall cooperate with all other contractors and City operations so that their activities are not impeded by the Work, and Contractor shall give other contractors access to the Project Site necessary to perform their contracts. Contractor shall also coordinate with the City for any special events.

3.13 COMMUNICATION:

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

Project Manager.

3.14 WORK HOURS:

A. Work shall be conducted in accordance with 7-5-30 of the City Code and in accordance with any contract special conditions, except as necessary for proper care, maintenance, and protection of Work already done, or in cases where the Work would endanger or if hazards to life or property would result, or as approved by the Project Manager.

B. If Contractor believes it necessary to work on Saturdays, Sundays, holidays or at night, Contractor shall obtain approval from the Project Manager at least forty-eight (48) hours in advance.

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

3.15 PRECONSTRUCTION CONFERENCE:

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

Conference.

B. At the Preconstruction Conference, Contractor shall provide:

1. An acceptable detailed project schedule;

2. If requested by the Project Manager, a Manpower Report;

3. An example of a partial payment application;

4. The proposed MHT;

5. Documentation of existing project site conditions in a format approved by the

City;

7. Phone numbers for Contractor's designated Superintendent or Supervisor, with a twenty-four…