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HomeMy WebLinkAbout15786RESOLUTION NO. 15786 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $14,051.00 TO DOUG VAUGHN, LLC FOR PROJECT NO. 24-102, CONCRETE IMPROVEMENTS - 200 BLOCK WEST 3RD STREET, SETTING FORTH $3,000.00 FOR CONTINGENCIES, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, competitive bids for 24-102 Concrete Improvements - 200 Block West 3rd Street have been received and examined; and, WHEREAS, the proposal of Doug Vaughn, LLC was the lowest bid determined to be responsive, and the Committee of Awards recommends to the City Council that it authorizes Project No. 24-102 Concrete Improvements - 200 Block West 3rd Street to be performed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The City Council authorizes Project No. 24-102 Concrete Improvements - 200 Block West 3rd Street to be performed, and the contract for said project is hereby awarded to Doug Vaughn, LLC in the amount of $14,051.00. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 3. In addition to the amount of the bid set forth, as aforementioned, an additional amount as stipulated in this section is hereby established for contingencies and additional work. Contingencies and Additional W SECTION 4. Funds in the amount of $17,051.00, for the contract and contingencies, shall be from account Project HUAN01, Street Resurfacing. SECTION 5. The officers of the City of Pueblo are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: October 15, 2024 BY: Roger Gomez MEMBER OF CITY COUNCIL APPROVED: __________________________ PRESIDENT OF CITY COUNCIL ATTESTED BY: ________________________ DEPUTY CITY CLERK City Clerk's Office Item # M11 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 15, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $14,051.00 TO DOUG VAUGHN, LLC FOR PROJECT NO. 24-102, CONCRETE IMPROVEMENTS - 200 BLOCK WEST 3RD STREET, SETTING FORTH $3,000.00 FOR CONTINGENCIES, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: Attached is a resolution awarding a Construction Contract to Doug Vaughn, LLC for Project No. 24-102 Concrete Improvements - 200 Block West 3rd Street. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This project consists of the construction of concrete, drainage and parking striping improvements to the 200 block of West 3rd Street. This Resolution awards the construction contract to Doug Vaughn, LLC. FINANCIAL IMPLICATIONS: Funds in the amount of $17,051.00 (contract and contingencies) will be paid from Project Account HUAN01, Street Resurfacing. BOARD/COMMISSION RECOMMENDATION None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this resolution will cancel the project. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. 24-102 Bid Summary NOTICE TO PROCEED Doug Vaughn, LLC 465 Midnight Ave. Pueblo, CO 81005 Ref: Bid No: 24-102 (HUAN01) Bid Name: Concrete Improvements - 200 Block West 3rd Street Sincerely, Andrew E. Hayes, P.E. Director of Public Works NOTICE OF AWARD October 16, 2024 Doug Vaughn, LLC 465 Midnight Ave. Pueblo, CO 81005 Ref:Bid No: 24-102 (HUAN01) Bid Name:Concrete Improvements - 200 Block West 3rd Street The City of Pueblo(City)hereby accepts your proposal submitted on October 3, 2024, for the construction of the referenced project. It appears that your proposal in the amount of $14,051.00for the Total Base Bid is fair, equitable, and in the best interest of the City. In accordance with the terms of the Contract Documents, you are required to execute the formal Contract Agreement within ten (10) business days from and including the date of this notice. The Proposal Guaranty submitted with your proposal will be returned upon execution of the Contract Agreement. In the event you should fail to execute the Contract Agreement within the time specified, said Proposal Guaranty will be retained by theCity as liquidated damages and not as penalty, for the delay and extra work caused thereby. Sincerely, Naomi Hedden Director of Purchasing City of Pueblo Purchasing Naomi Hedden, Director 230 S. Mechanic St., Pueblo, CO 81003 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street RESPONSE DEADLINE: October 3, 2024 at 10:00 am Report Generated: Thursday, October 3, 2024 Doug Vaughn, LLC Response CONTACT INFORMATION Company: Doug Vaughn, LLC Email: dougvaughn40@icloud.com Contact: Doug Vaughn Address: 465 Midnight Ave Pueblo, CO 81005 Phone: N/A Website: N/A Submission Date: Oct 2, 2024 10:27 AM (Mountain Time) \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street ADDENDA CONFIRMATION Addendum #1 Confirmed Oct 2, 2024 10:22 AM by Doug Vaughn Addendum #2 Confirmed Oct 2, 2024 10:22 AM by Doug Vaughn QUESTIONNAIRE 1.BID GUARANTEE* Pass To submit a bid bond - Please download the document provided below, complete, and upload. To submit a certified check, cashier's check, or money order - Please scan and upload a copy of your check or money order. The original check or money order must be delivered to the Purchasing Department in person or via mail by the bid submittal deadline date. If sending by mail the envelope must be addressed to: City of Pueblo Purchasing Department 230 S. Mechanic Street Pueblo, CO 81003 The Bid Number and Name must be listed clearly on the outside of the envelope. Bid_Bond.pdf Doug_Vaughn_Bid_Bond.pdf \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 2 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street 2.CONFIRMATION OF UNDERSTANDING AND OFFER* Pass Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. ConfirƒźƓŭ ĬĻƌƚǞ Ǟźƌƌ ƭĻƩǝĻ ğƭ ƷŷĻ .źķķĻƩ͸ƭ ğĭƉƓowledgement of understanding and ability to comply with all requirements and conditions of this project and that all mandatory submittals are included in this bid proposal. Confirmation must be made by an agent who is legally authorized to bind the company. By confirming below Bidder hereby proposes to furnish all labor, materials, tools, equipment, and all utility/transportation services necessary to perform and complete, in an industry acceptable and professional manner, construction in accordance with the plans and specifications as prepared by or for the City of Pueblo, Colorado, for the sums set forth in the pricing schedule. The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid on the basis of the Total Base Bid plus any Bid Alternates selected. Award shall be at the sole discretion of the City. The sum of the Total Base Bid plus all Bid Alternates shall be the basis for establishing the Bid Bond amount. The sum of the Total Base Bid plus any Bid Alternates selected by the City shall be the basis for establishing the amount of the Payment and Performance Bonds for this Contract. Quantities shown on the pricing schedule are subject to additions or reductions. The City reserves the right to adjust the required quantities as necessary. Additional quantities shall be furnished by Bidder at the unit price quoted. The time allowed for construction shall be adjusted in direct proportion to the difference of the adjusted quantities to the estimated quantities. By confirming below Bidder acknowledges that they have examined the quantities shown against the plans and specifications and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the work to be ĭƚƒƦƌĻƷĻķ͵ 5ƚǞƓƌƚğķĻķ ƦƌğƓƭΉķƩğǞźƓŭƭ ƒǒƭƷ ĬĻ ƦƩźƓƷĻķ ğƭ ͻ!ĭƷǒğƌ {źǩĻͼͳ ƭĭğƌźƓŭ źƭ bh ĭƚƩƩĻĭƷ Ǟŷen printed using other options. It is ƷŷĻ .źķķĻƩ͸ƭ ƭƚƌĻ ƩĻƭƦƚƓƭźĬźƌźƷǤ Ʒƚ ĻƓƭǒƩĻ plans are printed correctly and to inform third-party printers of this information. The City is not responsible for bidding errors ƩĻƭǒƌƷźƓŭ ŅƩƚƒ .źķķĻƩ͸ƭ ŅğźƌǒƩĻ to follow this requirement. The Bidder, if awarded the Contract, agrees to complete and file the Contract Agreement and Payment and Performance Bonds within ten (10) days of the date of Notice of Award, and further agrees to complete the work within 30 calendar days from Notice to Proceed. Liquidated damages will be assessed in accordance with the GENERAL PROVISIONS. \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 3 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street Bidders shall not add any conditions or qualifying statements to this bid. If such items are added the bid may be declared nonresponsive and rejected. Bidder shall be subject to all applicable City, County, State, and Federal Taxes in the performance of this Contract. Confirmed 3.NAME, TITLE, AND CONTACT INFORMATION* Pass Enter the Name, Title, and Contact Information, including phone number and email address, of the person providing the Confirmation of Understanding and Offer. Doug Vaughn, Agent, 719-994-0932 dougvaughn40@icloud.com 4.ACKNOWLEDGEMENTS AFFIRMATIVE ACTION PLAN REQUIREMENT:* Pass In accordance with LABOR PROVISIONS , Section 2: Nondiscrimination and Equal Employment Opportunity Requirements, the bidder hereby acknowledges that they have a written affirmative action plan which declares that the Contractor and its Subcontractor(s) do not discriminate on the basis of race, color, religion, creed, national origin, sex or age. Bidder further understands that the written plan must be submitted to the City of Pueblo Purchasing Department (and the applicable federal agency in the case of Federally funded projects) within ten (10) days of the award of contract. Neither the receipt by the City of this completed form, nor of any Affirmative Action Plan submitted by any bidder, contractor, or subcontractor, shall constitute any determination by the City of the adequacy of any Affirmative Action Plan. Please confirm your acknowledgment of the above statement: Confirmed \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 4 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street INSURANCE REQUIREMENTS* Pass Bidder hereby acknowledges understanding of the insurance requirements as set forth in GENERAL PROVISIONS, INDEMNITY AND INSURANCE: CONTRACTOR'S INSURANCE and certifies that they are in compliance with these requirements or will be upon award. Please confirm your acknowledgment of the above statement: Confirmed COLORADO LABOR REQUIREMENT:* Pass The bidder named below hereby acknowledges understanding of the Colorado labor requirement as set forth in GENERAL PROVISIONS, CONTRACTOR'S WORKING CONDITIONS: LABOR, sub-paragraph (b) and certifies that they are in compliance with this provision or will be upon award. Please confirm your acknowledgment of the above statement: Confirmed SALES AND/OR USE TAX INFORMATION* Pass CITY OF PUEBLO SALES OR USE TAX Α The Contractor and any Subcontractors shall pay all applicable City of Pueblo Sales or Use taxes. All General Contractors and Subcontractors are mandated to be licensed with the City of Pueblo Sales Tax Office. Please refer any questions on City Sales or Use Taxes to the City of Pueblo, Department of Finance. Their telephone number is (719) 553-2659. Please note, there are NO tax-exempt projects within the City of Pueblo. STATE OF COLORADO SALES OR USE TAX Α \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 5 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street The exemption of building materials from State Sales or Use Tax in Colorado Revised Statutes applies only to the State of Colorado Sales or Use Taxes. Please refer any questions on State Taxes to the State of Colorado, Department of Revenue. PUEBLO COUNTY SALES OR USE TAX Α The State of Colorado collects all sales or use tax for the County of Pueblo; therefore, any exemption allowed by the State applies to the County. Please confirm you acknowledge the above statements: Confirmed 5.Has/is this firm or any officer or partner of this firm: CONVICTED OF A CRIMINAL OFFENSE* Pass Been convicted of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract? No CONVICTED UNDER STATE OR FEDERAL STATUTES* Pass Been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or honesty which directly affects responsibility as a City contractor? No CONVICTED UNDER STATE OR FEDERAL ANTITRUST STATUTES* Pass \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 6 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street Been convicted under state or federal antitrust statutes arising out of the submission of bids or proposals? No FAILED TO PERFORM* Pass Failed to perform or unsatisfactorily performed in accordance with the terms of one (1) or more contracts with public or private entities within the previous five (5) years? No SUSPENSION OR DEBARMENT* Pass Currently under suspension or debarment by the City or any other governmental entity which is based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity? No UNQUALIFIED* Pass Unqualified or financially unable to timely perform the work? No UNLICENSED * Pass Unlicensed or unable to be duly licensed to perform the work on the date of the contract award? No \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 7 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street DELINQUENT* Pass Delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists? No CONFIRMATION * Pass By acknowledging and confirming below Bidder affirms that all answers to the above questions are true and binding. If the City finds verifiable information from another source that conflicts with the responses providĻķͲ .źķķĻƩ͸ƭ ƭǒĬƒźƷƷğƌ Ǟźƌƌ ĬĻ ƩĻƆĻĭƷĻķ͵ Please confirm your acknowledgment of the above statement and questions/sub-questions: Confirmed PRICE TABLES BASE BID Line Item Description Quantity Unit of Unit Cost Total Measure 1 REMOVE CURB & GUTTER 104 LF $5.00 $520.00 2 REMOVE ASPHALT ROADWAY PATCH 208 SF $2.00 $416.00 3 REMOVE CONCRETE 539 SF $2.00 $1,078.00 4 CONSTRUCT CURB AND GUTTER 42 LF $29.00 $1,218.00 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 8 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street Line Item Description Quantity Unit of Unit Cost Total Measure 5 CONSTRUCT CURB HEAD 65 LF $20.00 $1,300.00 6 CONSTRUCT 6" CONCRETE 290 SF $7.75 $2,247.50 7 CONSTRUCT 4" CONCRETE 249 SF $6.50 $1,618.50 8 CONSTRUCT ASPHALT ROADWAY PATCH 208 SF $9.00 $1,872.00 9 INSTALL 2" PVC CLEANOUT 1 EA $400.00 $400.00 10 INSTALL 2" PVC PIPE (SCH 40) 88 LF $12.00 $1,056.00 11 RELOCATE HANDICAP SIGNS 3 EA $25.00 $75.00 12 INSTALL CLASS 6" BASE MATERIAL (PLACE AND COMPACT) 1 TON $50.00 $50.00 13 TRAFFIC CONTROL 1 LS $1,200.00 $1,200.00 14 MOBILIZATION 1 LS $800.00 $800.00 15 EROSION AND SEDIMENT CONTROL 1 LS $200.00 $200.00 TOTAL $14,051.00 \[DOUG VAUGHN, LLC\] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 9 City of Pueblo Purchasing Naomi Hedden, Director 230 S. Mechanic St., Pueblo, CO 81003 (719) 553-2350 IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street RESPONSE DEADLINE: October 3, 2024 at 10:00 am Thursday, October 3, 2024 Addenda Issued: Addendum #1 {ĻƦ ЋАͲ ЋЉЋЍ ЊʹЉЌ ta The PVC Pipe has been changed to 2"; the Pricing Proposal and Drawings have been updated. Please use the See What Changed link to view all the changes made by this addendum. Addendum #2 {ĻƦ ЌЉͲ ЋЉЋЍ ЌʹЍВ ta A.The Due Date has been revised to Thursday, October 3, 2024 at 10:00 am. B.Bid Items 4 and 12 have been removed from the project and will be performed by City Traffic Maintenance Department. 1.The Pricing Proposal and Bid Drawings (Attachment C) have been revised. C.Please use the See What Changed link to view all the changes made by this addendum. Addenda Acknowledgements: Addendum #1 Proposal Confirmed Confirmed At Confirmed By Lucky Dog Contracting X Sep 27, 2024 2:07 PM Joshua Heckert Nunez Construction, Inc X Sep 27, 2024 4:05 PM Duane Nunez Doug Vaughn, LLC X Oct 2, 2024 10:22 AM Doug Vaughn American Dirt Contractors, LLC X Oct 2, 2024 8:42 AM Michael Moll A 5 Construction X Oct 3, 2024 7:36 AM Gregory Archambault Wicked Outlaw Construction X Sep 30, 2024 11:30 AM Timothy Brake Balance Concrete LLC X Oct 3, 2024 8:32 AM Jesus Elias KECI Civil, Inc. X Oct 2, 2024 6:02 PM Steve O'Hanlon ADDENDA REPORT Public Improvement Invitation for Bid - Concrete Improvements - 200 Block West 3rd Street Page 1 ADDENDA REPORT IFB No. 24-102 (HUAN01) Concrete Improvements - 200 Block West 3rd Street Pyramid Construction, Inc. X Oct 3, 2024 9:36 AM Mike Dierks Cedar Ridge Landscape, Inc X Oct 3, 2024 9:15 AM Robert Montoya Addendum #2 Proposal Confirmed Confirmed At Confirmed By Lucky Dog Contracting X Oct 1, 2024 11:07 AM Joshua Heckert Nunez Construction, Inc X Sep 30, 2024 4:21 PM Duane Nunez Doug Vaughn, LLC X Oct 2, 2024 10:22 AM Doug Vaughn American Dirt Contractors, LLC X Oct 2, 2024 8:42 AM Michael Moll A 5 Construction X Oct 3, 2024 7:36 AM Gregory Archambault Wicked Outlaw Construction X Sep 30, 2024 4:34 PM Timothy Brake Balance Concrete LLC X Oct 3, 2024 8:32 AM Jesus Elias KECI Civil, Inc. X Oct 2, 2024 6:02 PM Steve O'Hanlon Pyramid Construction, Inc. X Oct 3, 2024 9:36 AM Mike Dierks Cedar Ridge Landscape, Inc X Oct 3, 2024 9:15 AM Robert Montoya Page 2 PUBLIC IMPROVEMENT INVITATION FOR BID 24-102 (HUAN01) CONCRETE IMPROVEMENTS - 200 BLOCK WEST 3RD STREET City of Pueblo 230 S. Mechanic St. Pueblo, CO 81003 RELEASE DATE: September 10, 2024 DEADLINE FOR QUESTIONS: September 24, 2024, 4:00 pm RESPONSE DEADLINE: October 3, 2024, 10:00 am RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://procurement.opengov.com/portal/pueblo City of Pueblo PUBLIC IMPROVEMENT INVITATION FOR BID Concrete Improvements - 200 Block West 3rd Street I. ADVERTISEMENT FOR BIDS ................................................................... II. INTRODUCTION..................................................................................... III. SPECIAL PROVISIONS ............................................................................ IV. LABOR PROVISIONS .............................................................................. V. GENERAL PROVISIONS .......................................................................... VI. VENDOR SUBMISSIONS ......................................................................... VII. PRICING TABLE ...................................................................................... Attachments: A - Sample Contract Documents B - Licensing and Sales Tax Information C - 24-102 Addendum No. 2 Revised - Concrete Improvements 200 Block West 3rd Street - Drawings Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 1. ADVERTISEMENT FOR BIDS (AS PUBLISHED) TO WHOM IT MAY CONCERN: The City of Pueblo will receive sealed bids up to the hour of 10:00 am (MT) on Thursday, October 3, 2024, for the following project. Bids must be submitted electronically through the OpenGov portal which may be accessed via the City of Pueblo Purchasing Department website at www.pueblo.us/purchasingor at https://procurement.opengov.com/portal/pueblo. BID NO.: 24-102 (HUAN01) BID NAME: Concrete Improvements - 200 Block West 3rd Street PRE-BID MEETING: Tuesday, September 17, 2024, at 10:00 am (MT). Meeting will be held at the Department of Public Works Conference Room, 211 E. D Street, Pueblo, CO 81003. Bidders may attend in person or via Microsoft Teams. In general, this project will consist of concrete, drainage and parking striping improvements to the 200 Block of West 3rd Street, City of Pueblo, Colorado , as detailed in the plans and specifications for this project. Bidders shall inform themselves of the conditions of the project site and the requirements of the project's scope of work before submitting their bid. No allowances shall be made by reason of any matter or thing concerning which they might not have been fully informed prior to the bidding. No Bidder will be heard after the opening of bids to assert that there was any misunderstanding as to the nature of the operation expected in this solicitation. If a pre-bid meeting is held, Bidders should make every effort to attend. If the pre-bid meeting is mandatory and the Bidders cannot attend, it is imperative that someone else attend as a representative of the company, otherwise, their bid will not be accepted at the time of bid opening. Invitation for Bid (IFB) documents (including plans and specifications) can be obtained via the City Purchasing Department website at www.pueblo.us/purchasingor the OpenGov portal at https://procurement.opengov.com/portal/pueblo. Downloaded plans/drawings must be printed as “Actual Size”; scaling is NOT correct when printed using other options.It is the Bidders’ sole responsibility to ensure plans are printed correctly and to inform third-party printers of this information. The City is not responsible for bidding errors resulting from Bidders’ failure to follow this requirement. Addenda will be posted on the OpenGov portal which may be accessed via the City Purchasing Department website or at https://procurement.opengov.com/portal/pueblo. It is the bidder’s responsibility to verify whether any addenda were issued. Bidders must follow the submittal procedures outlined in the documents. The City reserves the right to reject any or all bids for any or all items covered in the Invitation for Bid, to waive informalities or defects in bids, or to accept such bids as it shall deem to be in its best interest. Published: Tuesday, September 10, 2024 in The Pueblo Chieftain Newspaper 3 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 2. INTRODUCTION 2.1.Summary In general, this project will consist of concrete, drainage and parking striping improvements to the 200 block of West 3rd Street, in the City of Pueblo, Colorado. 2.2. Contact Information Deborah Rivera Purchasing Contract Coordinator 230 S Mechanic Street Pueblo, CO 81003 Email: purchasing@pueblo.us Phone: (719) 553-2350 Department: Public Works 2.3. Timeline Advertisement/Release Project Date September 10, 2024 Pre-Bid Meeting (Non-Mandatory) September 17, 2024, 10:00am In-Person Department of Public Works Conference Room 211 East D Street Pueblo, Colorado 81003 Microsoft Teams: https://www.microsoft.com/en-us/microsoft- teams/join-a-meeting Meeting ID: 264 474 880 513 Passcode: Mvn2W7 ________________________________________ Dial in by phone +1 719-467-7197,,470647574# United States, Pueblo Phone conference ID: 470 647 574# Question Submission Deadline September 24, 2024, 4:00pm 4 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street Bid Opening October 3, 2024, 10:00am 5 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 3. SPECIAL PROVISIONS 3.1.GENERAL INSTRUCTIONS All specifications included in the Special Provisions shall have precedence over and will govern in the event of a conflict with other sections contained in this document. Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. Failure to do so will not relieve a Bidder from any obligation or responsibility to understand and comply with all requirements and conditions for this project. Downloaded plans/drawings must be printed as “Actual Size”; scaling is NOT correct when printed using other options. It is the Bidder’s sole responsibility to ensure plans are printed correctly and to inform third-party printers of this information. The City is not responsible for bidding errors resulting from Bidder’s failure to follow this requirement. Each bid must be accompanied by a certified check, cashier's check, money order or bid bond in the amount of five (5) percent of the grand total bid, plus all alternates if applicable, payable to the City of Pueblo as a guarantee that if the bid is accepted, the bidder will execute and file the proposed contract and bonds within ten (10) days from the date of the Notice of Award. The City is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid. All bids must be received at the City’s Purchasing Department before the time specified. Only bids that are made out upon the City-prepared forms will be considered. 3.2. STANDARD CONSTRUCTION SPECIFICATIONS AND STANDARD DETAILS The Standard Construction Specifications and Standard Details for Pueblo, Colorado, adopted April 11, 2022, and as most recently amended, shall control the construction and quality of materials for this project except where specifically modified by the Special Provisions. Unless specifically modified by the Special Provisions, the Standard Construction Specifications and Standard Details shall control with respect to any inconsistencies with the Plans. The Standard Construction Specifications and Standard Details are not included in this bid package but are available on the City of Pueblo’s website at https://www.pueblo.us/475/2023-Construction-Standards. By submitting a bid, the Contractor acknowledges possession of a copy of said document. 3.3. SPECIFICATION LANGUAGE Specifications may be written in abbreviated style with incomplete sentences. Omission of words such as “The General Contractor shall”, “Conforming to”, “shall be”, etc., are intentional; omitted words shall be supplied by inference. Where words “approved”, “satisfactory”, “directed”, “submitted”, etc., are used it shall be assumed that the words “Project Manager” follows, such as “approved by the Project Manager”. 6 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 3.4. DEFINITION OF ENGINEER The term “Engineer” as used in Sections GENERAL PROVISIONSAuthority of Engineer (a) and (b), of GENERAL PROVISIONS , shall mean City Engineer the “(Consulting Engineer or Architect”) with respect to all questions relating to the conformance of the work with the technical requirements of the plans and specifications, interpretation of the technical requirements of the plans and specifications, and with respect to the rejection of work and materials which do not conform. With respect to all other uses of the term “Engineer” in Section GENERAL PROVISIONSAuthority of Engineer, the term shall mean the Director of Public Works. In Sections TERMINATION FOR CAUSE, FINAL ACCEPTANCE OF THE WORK, COMMENCEMENT AND COMPLETION OF WORK and UNCORRECTED WORK of GENERAL PROVISIONS, all references to Engineer shall mean the Director of Public Works. All other references to Engineer in GENERAL PROVISIONS not specifically addressed in this section shall mean the Consulting Engineer. 3.5. APPROVED EQUAL An approved equal, where noted, may be considered by the City. For consideration as an approved equal, a Request for Substitution must be submitted through the OpenGov portal by Tuesday, September 24, 2024 at 4:00 pm (MT). Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability. If approved, an addendum will be issued that lists all approved equal products or materials. No other products or materials will be considered. 3.6. INCONSISTENCIES Any inquiries regarding seeming inconsistencies between the Plans and Specifications for this project must be made by Tuesday, September 24, 2024 at 4:00 pm (MT). 3.7. PREPAYMENT OF CITY SALES AND USE TAX (This section applies only to public improvement construction projects $1,000,000 and over.) The Contractor shall make application for, and prepayment of, City sales and use tax on the estimated percentage basis being forty percent (40%) of the total Project bid as awarded, including Base Bid plus those Alternates selected. Application and prepayment shall be made within fourteen (14) days of the date authorized to proceed with construction of the Project as set forth in the Notice to Proceed. All applications and prepayments shall be coordinated directly with City’s Division of Sales and Use Tax, Attention: Tax Audit Manager, 1 City Hall Place, Pueblo, Colorado 81003. Finance Department policy sets the threshold at $1,000,000. Any contractual obligations below this amount will not generally be required to make a pre-payment of Use Tax. 3.8. PERA LIABILITY Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees’ Retirement Association (“PERA”) for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. 7 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street Awarded Contractor will be required to submit a completed Colorado PERA Questionnaire form. This form is available to view at https://www.pueblo.us/DocumentCenter/View/19915/PERA-Formand is included by reference in this Contract. 3.9. CONTRACTOR EVALUATION Pursuant to Ordinance No. 6510, dated February 14, 2000, the Department of Public Works shall evaluate the performance of Contractor using the Contractor/Consultant Satisfaction Program form. This form is available to view at https://www.pueblo.us/1737/Informationand is included by reference in this Contract. The evaluation shall be utilized to review Contractor performance, increase communication, and foster positive business relationships. Evaluation shall also record documentation of Contractor’s overall performance. Material failure to perform in accordance with the terms of one or more contracts, or materially unsatisfactory performance of one or more contracts, may be justification for disqualifying future bids by Contractor. 3.10. SITE INVESTIGATION By submitting a bid, Contractor acknowledges the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, uncertainties of weather, physical conditions at the site, the character/quality of surface and subsurface materials to be encountered, the character of equipment and facilities needed prior to and during the work, and all other matters which can in any way affect the work or the cost thereof under this Contract. Failure by Contractor to acquaint themself with all the available information concerning these conditions will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing the work. 3.11. PRE-CONSTRUCTION CONFERENCE The Contractor shall attend a pre-construction conference with the Project Manager, City employees, representatives of the utility companies, and/or other interested parties prior to any construction. Preconstruction meeting will be scheduled 7-10 days after notice of award is issued. Documents Required to be submitted at Pre-Construction Conference Contractor Organization with 24-hour emergency contact Schedule Traffic Control Plan Material Submittals 3.12. SAFETY REGULATIONS The Contractor shall be aware of and shall comply with all State and Federal Safety regulations which are applicable to the work included under this Contract. Enforcement will be by the proper State and Federal regulatory agencies. If any construction activity is deemed to be unsafe for inspection, Contractor shall, upon notification, discontinue work until the deficiencies are corrected and the job can be properly inspected. 8 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 3.13. EMERGENCY REPAIR OR PROTECTIVE WORK BY THE CITY OF PUEBLO As referenced in Sections PROTECTION OF THE PUBLIC, WORK, AND PROPERTY and ACCIDENT PREVENTION of the GENERAL PROVISIONS , it is the Contractor’s responsibility to provide adequate barricades, protective devices and safety measures, and to employ other precautionary means for the adequate protection of the public, the work, and public/private property from injury or loss. Should the City become aware of any condition or circumstance arising from the work, or with respect to any excavation or areas disturbed by Contractor which, in the opinion of the Project Manager, creates or results in any imminent or unreasonable risk to the health/safety of the public or to public/private property, the City may undertake emergency work or repairs. Such work may include, by way of illustration, provision of barricades, traffic control devices or flagmen, deployment or warning signs, repair of lines under construction, repair of collapsed excavations or sinkholes, placement of sandbags or dams, and other emergency efforts. The determination of the necessity during the construction and warranty periods for the City to do any such emergency work or repairs shall rest entirely with the Project Manager. The cost of emergency work done by the City, including the actual cost of labor, equipment, and materials, plus 100 percent, shall be deducted from any amounts otherwise owed to Contractor, or may be invoiced to Contractor, or the same amount shall be recovered from Contractor’s performance bond. 3.14. REPRESENTATIVE AVAILABLE FOR EMERGENCY CALLS The Contractor shall provide the name, address and phone number of a representative who may be reached at any time during the life of the Contract regarding repairs, detours, barricading, etc. This information shall be furnished in writing to the Project Manager. 3.15. DUST PREVENTION During construction and until final acceptance by the Project Manager, Contractor shall be responsible for controlling dust emissions in the construction area. No earthwork activities shall be performed when the wind speed exceeds thirty (30) miles per hour. All fill areas shall be compacted on a daily basis to 95% minimum compaction. Any mud or dirt carry out onto paved surfaces shall be cleaned up on a daily basis. Contractor shall promptly comply with all directives from the Project Manager relating to dust control. If Contractor fails to comply or provide adequate means to control dust, a stop-work order will be issued until the problem is corrected. 3.16. SITE RESTORATION AND CLEANUP Contractor shall maintain and/or repair any damage done to all existing properties, public or private, adjacent to site improvements, including but not limited to, asphalt, base course, utilities, sod, irrigation systems and landscaped areas. In general, disturbed areas shall be replaced to the lines, grades, thickness, and like materials of the existing conditions unless otherwise stated on the plans. Restoration shall be consistent with that of areas adjacent to the limits of construction. Grass and other plant areas shall be restored, maintained, and irrigated until final acceptance by the Project Manager. Fabric shall be installed under all rock landscape areas. Any landscape material salvaged by Contractor for reuse will not be acceptable if contaminated by dirt or different landscape material. Slopes to match from the new improvements to existing improvements shall not exceed a 4:1 slope. 9 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street All work to relocate existing irrigation sprinklers which conflicts with the new construction shall be considered site restoration. The accuracy of information furnished regarding existing irrigation systems is not guaranteed. The locations are approximate and may not include all irrigation system components. Contractor shall determine the exact location of all irrigation systems before commencing work and shall be fully responsible for any damage resulting from failure to locate and protect all irrigation systems. Site restoration and cleanup will not be measured or paid separately but shall be included in the unit prices for each bid item. Partial payments will not be made on any bid item until the restoration and cleanup associated with that item is satisfactorily complete and acceptable to the Project Manager. 3.17. UTILITY LOCATIONS The accuracy of information furnished in regard to underground utilities is not guaranteed. The utility locations are approximate and may not include all utilities. Contractor shall determine the exact location of all utilities before commencing work. Contractor shall be fully responsible for any damage which might occur due to Contractor’s failure to locate and protect all utilities. Contractor shall repair or have repaired, at no cost to the City, any damage to utilities. Existing utilities include gas, water, service lines, meters, meter cans, buried telephone cables, buried power lines, pedestals, utility poles, sanitary sewer, manholes and services, and any other existing utility. 3.18. ABANDONED UTILITIES If during construction an abandoned utility is encountered Contractor shall contact and coordinate with the Project Manager to arrange for the removal of the utility. If Contractor elects to remove the utility without contacting the Project Manager, Contractor shall do so at no cost to the City. 3.19. OVERHEAD AND/OR UNDERGROUND HIGH VOLTAGE POWER LINES Unless danger against contact with high voltage overhead and/or underground lines has been effectively guarded against, Contractor shall not perform any function/activity upon any land, building, highway, or other premises if at any time during the performance of any function/activity it could move or be placed within ten (10) feet of any high voltage overhead and/or underground line. If work is to be performed within ten (10) feet of high voltage overhead and/or underground lines, the public utility must first be notified to arrange for safety provisions. Contractor may perform the work only after arrangements, including coordination and payment of fees, if applicable, have been made with the utility company. 3.20. CONCRETE PERMITS The “no fee” permit shall be obtained from the City Engineering Division at 211 E. “D” Street. Any concrete work placed without benefit of both permit and inspection by the Public Works Department will not be paid for. 10 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 3.21. COORDINATION OF CONSTRUCTION ACTIVITIES Contractor and subcontractors shall coordinate work with all other construction activities and contractors; and cooperate with them to facilitate general progress of the work. Each trade shall afford other trades every reasonable opportunity for installation and storage of materials. 3.22.WORK BY OTHERS Contractor shall coordinate work on the project with all work shown on the plans which is to be done by “others”. It is the Contractor’s responsibility to coordinate work with each entity and incorporate it into the project schedule. Pueblo Board of Water Works shall complete the work to relocate fire hydrants as shown on the plans. Black Hills Energy shall complete the work to relocate light poles as shown on the plans. 3.23. COMPLETE WORK ON TIME Failure to complete the work by the allotted 30 calendar days shall result in the assessing of liquidated damages according to GENERAL PROVISIONS. 3.24. LAYING OUT WORK Contractor shall locate all general reference points and take such action as necessary to prevent their destruction. Contractor shall lay out their own work and be responsible for all lines, elevations, and measurements of the building, grading, utilities, and other work executed under this Contract. Contractor shall exercise proper precaution to verify figures shown on the drawing before laying out work and will be responsible for any error resulting from failure to exercise such precautions. 3.25. HOURS OF WORK The Project Manager and the Inspection Division are available from 7:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding holidays. Any work done outside of these hours must be approved by the Project Manager. 3.26. MOBILIZATION This item shall consist of mobilizing of personnel, equipment, and supplies to the project site in preparation for work on the project. Item shall include all costs incurred which must be performed prior to beginning the other items. Partial payments for mobilization will be made each month as the work progresses. These payments will be made as follows: A. When ten percent (10%) of the project bid amount is earned, fifty percent (50%) of the amount bid for mobilization will be paid. B. When fifty percent (50%) of the project bid amount is earned, one hundred percent (100%) of the amount bid for mobilization will be paid. 11 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street C. The sum of all payments shall not exceed the original amount bid for the item, regardless of the fact that Contractor may have, for any reason, shut down the work on the project or moved equipment away and then back again. Note: Payments for materials on hand will be included as a percent of original project bid amount earned until said materials have been incorporated into the work and accepted and paid for by the City. 3.27. CONSTRUCTION TRAFFIC CONTROL Contractor shall submit a traffic control plan prepared by a Certified Traffic Control Supervisor at the preconstruction conference for approval by the City’s Traffic Engineer. Where possible, crosspans may be constructed full width with proper street closures; however, the time of closure must be kept to a minimum. To expedite the curing, the minimum 28-day compressive strength shall be increased to 4500 psi (increased to seven (7) sacks per cubic yard). The additional cost for the added cement shall be paid by the Contractor. All traffic control procedures, signing, lighting and barricades shall conform to the latest edition of the Manual on Uniform Traffic Control Devices, and shall be set up and maintained by a Certified Traffic Control Supervisor. Construction traffic control shall be paid as “Traffic Control.” Periodic payments for this item shall be based upon the percentage of work completed compared to the original bid amount. 3.28. TRAFFIC CONTROL SUPERVISOR The Traffic Control Supervisor shall be certified as a Worksite Traffic Supervisor by the American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association (CCA). A copy of the Traffic Control Supervisor's Certification shall be provided to the Project Manager at the project pre construction conference 3.29. TRAFFIC CONTROL DEVICES – SIGNS Contractor shall be responsible for all permanent traffic control devices (signs) within the construction area. If permanent devices conflict with construction activities, Contractor shall be responsible for placement of temporary traffic control devices and the removal/reinstallation of permanent devices. All work shall be in accordance with the Manual of Uniform Traffic Control Devices. All regulatory signs (Stop, Yield, One Way, Do Not Enter, etc.) shall be maintained in either a temporary or permanent manner. Temporary devices shall be in place prior to the removal of permanent devices. Contractor shall be held fully responsible for any claims resulting from negligence in failing to act or maintain any traffic control device. Contractor shall be responsible for maintaining the condition of any sign that is temporarily removed. Should there be any damage to devices (signs, poles, bases, and hardware) Contractor shall be financially responsible to the City for replacement of said devices. Contractor shall contact Traffic Maintenance at (719) 553-2300 for approval of the specific location in which the devices are to be reinstalled. Contractor shall obtain underground utility locates prior to reinstalling devices. 12 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street The Traffic Engineer or designee will evaluate existing signage for replacement with new materials. If required, the City will provide all replacement materials to the Contractor prior to reinstallation. Where new devices are required per the construction drawings all signs, posts, bases, and hardware shall be supplied by the City. Contractor shall contact the Traffic Engineer at (719) 553-2722 to order signs providing the City at least two-week notification to obtain the necessary material. 3.30. PROTECTION OF CONCRETE FROM TRAFFIC AND VANDALISM All concrete shall be protected from traffic for a period of fourteen (14) days, or as directed by the Project Manager. The Contractor shall provide necessary supervision and/or barriers to protect all concrete from traffic or vandalism. Any concrete damaged by traffic and/or vandalism will be rejected. Replacement of damaged concrete shall be paid for entirely by the Contractor. 3.31. ASPHALT AND CONCRETE REMOVAL Asphalt and concrete shall be removed to the lines and grades established by the field engineer / inspector. Any removal outside those lines and grades not approved by the Project Manager, will not be paid for by the city. Contractor shall properly dispose of all removed items from the construction site. Saw cutting to remove asphalt and concrete to a neat line shall not be paid for separately but shall be included in the cost of the asphalt and concrete removal bid item. 3.32. CURB AND GUTTER CONSTRUCTION AND PAYMENT Contractor shall schedule their work to minimize the inconvenience to the public. Property owners shall be notified well in advance of any work that interferes with access to private driveways. Access to driveways shall be restored no later than fifteen (15) days after the concrete is placed. Sections of curb and gutter shall not be considered for partial payment until backfill and restoration (if applicable) are completed. Under the bid item labeled “Const. Curb and Gutter”, the Contractor shall construct curb and gutter to match existing type (6” Std. 9”x30” pan, Roll top, etc.). Payment for all types of curb and gutter will be the unit price in the Bid Schedule. 3.33. TACTILE BAND FOR CURB RAMPS The base of the curb ramp area only shall include a Tactile Band. The Tactile Band shall be cast iron castings containing truncated domes. Castings shall meet the requirements of Americans with Disabilities Act Accessibility Guidelines (ADAAG) for Accessible Public Rights-of-Way. Castings shall be cast-in-place truncated dome tactile system, Neenah R-4984, East Jordan Iron Works 7005, or approved equal at the sizes shown on the plans. Radial castings shall be East Jordan Iron Works 7006-20 (20’ radius), 7006-25 (25’ radius), 7006-30 (30’ radius) or approved equal, placed as shown on the plans. All work associated with this item shall be paid for under the “Install Tactile Band” bid item. 3.34. EROSION AND SEDIMENT CONTROL Contractor shall submit and comply with, an Erosion and Sediment Control Plan. This plan is considered incidental to the construction and shall not be paid for separately. Contractor shall take this into consideration in preparing their bid. 13 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street To comply with current state and federal permit regulations the City must meet minimum requirements for all construction sites less than one (1) acre to provide necessary Best Management Practices (BMPs) and prevent illicit discharges from the site. The minimum requirements which the Contractor must provide and comply with are as follows: A. Provide an Erosion and Sediment Control Plan that shall include the minimum following items: 1. Stockpile BMPs protection. 2. Concrete washout BMPs. 3. Vehicle tracking control BMPs. 4. Site sediment containment BMPs. 5. Downstream secondary defense BMPs, if applicable. 6. Any additional BMPs required due to site specific conditions. B. Prior to any construction, including site grading and excavation, an approved Erosion and Sediment Control Plan shall be posted on site and all required BMPs installed. C. Contractor shall maintain and update the Erosion and Sediment Control Plan as construction dictates. The current and correct plan shall remain on-site and be readily accessible to the City Stormwater Inspector at all times. D. Contractor or the Contractor’s representative shall, at a minimum, inspect the site every two (2) weeks and within twenty-four (24) hours of any precipitation or snowmelt event that causes surface erosion. (i.e., that results in stormwater running across the ground). E. Contractor shall be responsible for maintaining all required BMPs to prevent erosion and sediment from leaving the construction site. F. Failure to comply with the requirements to prevent illicit discharges from the construction site is unlawful and a municipal offense which may result in the issuance of a summons and complaint to the Pueblo Municipal Court. Persons who are convicted of violating any provision of the Pueblo Municipal Code are subject to fines of up to one thousand dollars ($1,000) and/or one (1) year imprisonment for each day the violation continues. Urban G. Information regarding acceptable BMPs and proper installation can be found in the Drainage and Flood Control District (UDFCD) Urban Storm Drainage Criteria Manual Volume 3, CDOT Erosion Control & Stormwater Quality Guide, and City of Pueblo approved details. 3.35. PERMITS AND FEES It shall be the Contractor’s responsibility to investigate and assess the requirements for all necessary environmental, drainage, and construction permits. The total cost of all permits or fees which may be required shall be included in the bid proposal. No additional payment shall be allowed for any permits or 14 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street fees required to complete the project. Contractor shall comply with all conditions of the permits. City and/or other agency fines are the sole responsibility of the Contractor. Following is a list of potential permits required for the project. Contractor shall be responsible for verifying this list and adding/obtaining any additional permits needed for the project. Air Quality Permit o Permitting Agency: Pueblo County/Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor CDPHE Stormwater Construction Permit o Permitting Agency: Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor Excavation Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor Concrete Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor Traffic Control Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor Fugitive Particulate Emissions Control Plan o Permitting Agency: Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor 3.36. INSTALL 4" WHITE PARKING STRIPES MMA Parking Lane Striping shall be installed per manufactures specifications using Swarco Road Marking Systems 5090 Series applied with a minimum thickness of 20mils or approved equal. 15 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 4. LABOR PROVISIONS 4.1.CONTRACTOR BONDS Payment and performance bonds are required to be filed prior to issuance of Notice to Proceed. The specific requirements for such bonds are set forth in Section CONTRACT SECURITY of the GENERAL PROVISIONS. 4.2. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS In accordance with §1.8 of the Pueblo Municipal Code (entire Code included by reference), all contractors shall meet and comply with the following provisions which shall be contained in all municipal contracts: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. The Contractor will take affirmative action in all areas of employment to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. Areas of employment shall mean and include, but shall not be limited to, the following: initial employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay, terms of compensation and selection for training, including apprenticeship. The Contractor will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph. Failure to subscribe to and accept the nondiscrimination and equal employment requirements of this Chapter shall render a bidder ineligible for a municipal contract award and ineligible to participate in the work for which a municipal contract award is made. (§§1.8.3 and 1.8.4 of the PMC; Ord. No. 4479, 5-22- 78) B. It is the policy of the City to provide equal opportunity in employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. It is hereby deemed and declared to be for the public welfare and in the best interests of the City to require bidders and contractors furnishing and providing work, services, supplies and materials to the City under municipal contracts not to discriminate in the hiring and promoting of employees in order to further equal employment opportunities for members of minority groups and women. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. (§1.8.3 of the PMC; Ord. No. 4479, 5-22- 78; Ord. No. 8453 §2, 2-27-12) C. Contractor will meet or comply with the letter and spirit of Chapter 8, Title 1 of the Pueblo Municipal Code (as amended) and applicable State statutes. If the municipal contract involves 16 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street construction work or the providing of supplies or materials in excess of ten thousand dollars ($10,000.00) in the building and construction trades industry, Contractor shall have adopted and file with the City a copy of the Contractor’s complying Affirmative Action Program. A complying Affirmative Action Program shall be a written affirmative action program meeting all the requirements of Chapter 60 of Title 41, Code of Federal Regulations (41 CFR, Chapter 60), including all parts and subparts thereof. This requirement applies regardless of whether Federal financial assistance has been provided for this project. D.In the event of Contractor’s non-compliance with the requirements of Chapter 8, Title 1 of the Pueblo Municipal Code (as amended), the Contract may be cancelled, terminated, or suspended, in whole or in part, and Contractor may be declared ineligible for further contracts with the City of Pueblo. E. Contractor will include the provisions of the above listed paragraphs (a) through (d) in every sub-contract entered in to by Contractor to provide and furnish work, services, supplies, or materials under a City project. 4.3. COMPLIANCE REVIEW A. The City of Pueblo shall have the power to review, upon not less than five (5) days notice, and during normal business hours, the employment practices of Contractor during the performance of every such City project, and of subcontractors during the performance of every sub-contract awarded thereunder, to obtain information relating to compliance or non-compliance with non- discrimination and equal employment requirements. B. When a written complaint is filed and an investigation by the City indicates that there has been a violation of this provision, or when a compliance review by the City indicates that a contractor or subcontractor has violated this provision, the City shall issue and cause to be served on said Contractor or subcontractor a Notice of Violation. Such notice shall specify the violations and shall direct the Contractor or subcontractor to respond in writing within ten (10) days to show cause why the sanctions of the provision should not be imposed. The City shall forward a copy of the Notice of Violation and the response of the Contractor or subcontractor to the City Mayor within thirty (30) days from the date of such notice. C. The City Mayor or authorized City representative shall review the Notice of Violation and response and shall determine whether any violations have occurred. If the City representative has determined that a violation has occurred, they may impose such sanctions as deemed appropriate, including, but not limited to, suspending or terminating the Contract involved or any portion or portions thereof, or causing to be removed from the list of eligible pre-qualified contractors the names of contractors or subcontractors found to be in noncompliance with the non-discrimination and equal employment opportunity requirements of the provision and the provision of any such contract or subcontract awarded thereunder until such time as the City is satisfied that such contractors or subcontractors are in compliance with said requirements. 17 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 4.4. FEDERAL REQUIREMENTS GOVERN Federal requirements govern. Whenever the provisions and requirements of this Chapter, or of the bidding specifications, conflict in any way or to any degree with the nondiscrimination and equal employment opportunity requirements of the United States and any such contract under consideration is funded in whole or in part by the United States or is otherwise subject to requirements having the force of law of the United States, such requirements of the United States shall govern and control. (Ord. No. 4479, 5-22-78) 4.5. COMPLIANCE By submitting a bid Contractor agrees to abide by the provisions herein set forth and will require any and all subcontractors to comply with said provisions. 18 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5. GENERAL PROVISIONS The provisions of this Section are of a general nature and are intended to apply to contract work of all types. Whenever any of these provisions do not apply to a specific contract, the exceptions are noted in SPECIAL PROVISIONS. 5.1. BIDDING AND CONTRACT EXECUTION: DEFINITIONS The following terms, as used in these Contract Documents, are respectively defined as follows: A. City:City of Pueblo, Colorado B. Closing Time:The scheduled closing time for the receipt of bids and the opening thereof. C.Contractor:The person, persons, firm, or corporation to whom the within Contract is awarded by the City and who is subject to the terms of said Contract. Also, the agents, employees, workers, or assignees of said Contractor. D. Engineer: Unless otherwise stated in the Special Provisions, Engineer shall mean the Director of Public Works of Pueblo, Colorado, or their authorized agents. E. Work: All work contemplated by the Contract Documents and Specifications including materials, labor, supervision, and use of tools necessary to complete the project in full compliance with the terms of the Contract. F. Notice: Where in any section of the Contract Document there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given (as to the City) when written notice shall be delivered to the Engineer or shall have been placed in the United States Mail addressed to the Purchasing Department at the place where the bids, or proposals for the Contract were opened; (as to the Contractor) when a written notice shall be delivered to the chief representative of the Contractor at the site of the project to be constructed under the Contract or when such written notice shall have been placed in the United States mail addressed to the Contractor at the place stated in the papers prepared by them to accompany their proposal as the address of their permanent place of business; (as to the Surety) on the performance and payment bonds when a written notice is placed in the United States mails addressed to the Surety at either the home office of such Surety or when such notice is placed in the United States mails addressed to the Commissioner of Insurance of the State of Colorado. roject: The entire improvement proposed by the City to be constructed in whole or in part G. P pursuant to the Contract Documents. H. Subcontractor: A person, firm, or corporation, other than the Contractor, supplying labor and materials, or labor only, on work at the site of the project, having a direct contract with the Contractor and including one who furnishes material worked to a special design according to the plans and specifications of this work, but not including one who merely furnishes material not so worked. 19 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street I. Surety: The person, firm, or corporation that has executed, as surety, the Contractor’s Performance and Payment Bonds. 5.2. BIDDING AND CONTRACT EXECUTION: SITE EXAMINATION A. Bidders shall inform themselves of the conditions under which the work is to be performed, concerning the site of the work, the structure of the ground, obstacles which may be encountered, availability of labor and all other relevant matters concerning the work to be performed. Where soil reports or test boring logs indicating underground conditions are provided or shown on the plans, such information shall be considered only as indicative of conditions as observed at the time and place indicated, and the City in no way warrants the accuracy or reliability of said reports or boring logs and is not responsible for any deduction, interpretation or conclusion drawn therefrom by the Contractor. Contractor acknowledges that the City shall not be held responsible for any variance in conditions or unforeseen conditions encountered at the time of actual construction. It shall be the responsibility of the Contractor to satisfy themself by such methods as they deem necessary prior to the letting as to underground conditions, structures, and obstacles to be encountered. B. The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any matter or thing concerning which they might fully have informed themself, prior to the bidding. Misunderstanding as to the amount of work, availability of materials or labor shall be no cause for failure to enter into the Contract or to perform the same. C. The successful Contractor will be required to employ, so far as possible, such methods and means in the carrying out of their work as will not cause any interruption or interference with any other Contractor. 5.3. BIDDING AND CONTRACT EXECUTION: SPECIFICATION REQUIREMENTS A. The bidder is expected to base their bid on materials and equipment complying fully with the plans and specifications, and in the event they name in their bid, materials or equipment which do not conform, they will be responsible for furnishing materials and equipment which fully conform at no change in their bid price. B. Before submitting a bid, each Contractor should read the complete specifications and plans, including all related documents contained herein, all of which contain provisions applicable not only to the successful bidder, but also to their subcontractors. 5.4. BIDDING AND CONTRACT EXECUTION: SUSPENSION AND DEBARMENT A. Bidder acknowledges that as of the solicitation submittal date, neither the Contractor, nor its subcontractor(s), is (a) debarred, suspended, or subject to any proceeding for debarment or suspension with a final determination still pending; declared ineligible or voluntarily excluded (as such terms are defined in any of the Debarment Regulations) from participating in procurement or non-procurement transactions with any Federal, State, or City government 20 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street department or agency pursuant to any of the Debarment Regulations, or (b) indicted, convicted or had a Judgment rendered against the Contractor, or its subcontractor(s) for any of the offenses listed in any of the Federal, State, or City’s Debarment Regulations and no event has occurred and no condition exists that is likely to result in the debarment or suspension of the Contractor, or its subcontractor(s), from contracting with the City of Pueblo, Federal or State government, or any agency or instrumentality thereof. 5.5. BIDDING AND CONTRACT EXECUTION: STATEMENT OF BIDDER’S PLANT AND FINANCIAL CONDITION A. Each bidder shall be prepared to submit the following data within seven (7) days upon demand of the Purchasing Agent. 1. A statement that the bidder maintains a permanent place of business and address thereof; 2. A statement of the equipment which the bidder proposes to use on the project, together with a statement identifying that equipment previously mentioned which the bidder owns and that which bidder does not own, but is certain they will be able to rent or otherwise procure for use on the project; 3. A financial statement, duly sworn to and in form approved by the City, listing assets and liabilities; 4. Statement listing projects of similar nature which the bidder has constructed or in the construction of which the bidder was actively engaged in a responsible capacity; 5. A statement that the bidder: (i) is not presently debarred or suspended by the Colorado State purchasing director or the head of any Colorado purchasing agency, (ii) is not listed on any federal government list of debarments, suspensions or voluntary exclusions, including but not limited to, the List of Parties Excluded From Federal Procurement or Nonprocurement Programs maintained by the General Services Administration, and (iii) neither bidder nor any person or firm who has an interest in bidder's firm is a person or firm ineligible to be awarded a federal government contract by virtue of any provision of federal law. In the event bidder cannot truthfully make the required statement, bidder shall furnish a detailed statement indicating the reasons therefore. B. By submitting a bid, bidder authorizes the City to obtain information concerning bidder's performance on other projects it has performed during the prior five (5) years, including those listed by bidder and those not listed which City may become aware of. The bidder also waives and releases all claims against owners, architects, and engineers, and their agents and representatives, relating to or arising from the furnishing of such information to the City concerning bidder's performance on prior projects. In order to effectuate the intent of this clause, bidder may be required by City to execute information release authorization forms. 21 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street C. Any bidder may be required by the City to submit additional data to satisfy the City that such bidder is prepared to fulfill the Contract if it is awarded to them. D.The failure of bidder to furnish any information which is or may be required to be furnished under this section shall be grounds for determining bidder not responsible. 5.6. BIDDING AND CONTRACT EXECUTION: CONDITIONS IN A BIDDER'S PROPOSAL A bidder shall not stipulate in their proposal any conditions not contained in the Contract Documents. 5.7. BIDDING AND CONTRACT EXECUTION: QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities listed in the proposal and shall not after submission of their proposal, dispute or complain of such estimate, nor assert that there was any misunderstanding in regard to the nature or amount of work to be done. 5.8. BIDS: DATA SHEETS Where data sheets concerning equipment to be furnished are included in the Specification Documents as a part of the proposal, the bidder shall furnish the required information by filling in the data sheets complete in every detail. In the event that such data sheets are insufficient, or do not readily lend themselves to the correct description of the equipment, the bidder shall file with the bid additional statements setting out the necessary information. Failure to furnish such information as is required on the data sheets will be considered as grounds for rejecting the bid. 5.9. BIDS: SUBMISSION AND CONSIDERATION OF BIDS A. All bids are to be made only on forms furnished by the City. Total bid prices are to be written both by words and by figures; in case of conflict, former will apply. Unit bids may be made by figures only. No bid will be accepted which does not contain an adequate or reasonable price for each and every item named in the bidding schedule on the Contract bid form. B. The City reserves the right to waive any or all informalities in bids. C. The City reserves the right to reject any or all bids, or any or all parts of bids D. A Colorado resident bidder shall be allowed a preference against a nonresident bidder to the extent authorized by, and subject to the limitations of, Articles 18 and 19 of Title 8, Colorado Revised Statutes; provided however, that this paragraph shall be suspended to the extent any such preference is inconsistent with a requirement of federal law or the terms and conditions of any grant or cooperative agreement to which the City is a party which relates to the Project. 22 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.10. BIDS: BID SECURITY A. No bid will be received unless accompanied by a certified check, cashier's check, money order, bid bond or other suitable collateral, in the amount of not less than five percent (5%) of the amount of the Total Base Bid plus all Bid Alternates, payable to the City as a guarantee that if the bid is accepted, the bidder will execute and file the proposed Contract and bonds within ten (10) business days from the date of the award of the Contract. On failure of the successful bidder to execute the Contract and furnish bonds, they shall forfeit the deposit as agreed as liquidated damages, and the acceptance of the bid will be contingent upon the fulfillment of this requirement by the bidder. B. The bid security of the three lowest formal bidders for each contract may be held until the Contract is executed and approved and then returned to the bidders. The balance of bid securities submitted will be returned within seven (7) days after the opening of bids. 5.11. BIDS: SIGNING OF BIDS A. Bids which are not signed by individuals making them should have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. B. Bids which are signed for a co partnership should be signed by all of the co-partners or by an attorney in fact. If signed by an attorney in fact, there should be attached to the bid a power of attorney evidencing authority to sign the bid. C. Bids which are signed for a corporation should have the correct corporate name thereof and should be signed by the president or vice president. D. If bids are signed for any other legal entity, the authorization of the person signing for such legal entity should be attached to the bid. 5.12. BIDS: MODIFICATION OF BIDS Modification of bids already submitted will be permitted, provided such modification be in writing and transmitted to the Purchasing Agent of the City prior to closing time. Such modification shall not reveal the total amount of the original or revised bid. 5.13. BIDS: WITHDRAWAL OF BIDS Any bidder may withdraw their bid any time prior to the closing time, but no bid shall be withdrawn for a period of one hundred twenty (120) days after closing time. Negligence or mistake on the part of the bidder shall not constitute a right to withdraw after closing time. Any bid received after closing time will be rejected. 23 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.14. BIDS: DUPLICATION OF BIDS If more than one bid be offered by one party, all such bids shall be returned unopened. If duplicate bids are not discovered until after opening, such duplication shall be cause for immediate rejection of such bids. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a direct bid on their own behalf. 5.15. BIDS: ALTERNATES A.If the bid form includes alternates, each bidder shall bid on each alternate unless otherwise directed in the Special Conditions or other Contract Documents. B. Each bidder must submit such special data, if any, in respect to such alternate which any section of the Contract Documents requires to be submitted with each bid. 5.16. BIDS: SUPPLEMENTAL UNIT PRICES A. On a lump sum contract, or partial lump sum contract, the City reserves the right to reject any or all supplemental unit prices which it deems to be excessive or unreasonable. B. In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated are not intended to govern. The quantities stated, on which unit prices are to be invited are approximate only, and each bidder will be required to make their own estimates of amounts, and to calculate their unit price bid accordingly. Bids will be compared on the basis of the stated number of units in the proposal form. Such estimated quantities, while made from the best information available, are approximate only. Payment on the Contract will be based on actual number of units installed on the completed work. In the event of an error in the extension of prices, the unit price bid shall govern. 5.17. CONTRACTS: AWARD OF CONTRACT A. The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid within one hundred twenty (120) days from the date of opening of said bids. Award shall be at the sole discretion of the City. B. Subject to execution of the Contract by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated is equal to or in excess of the contract price; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Contractor shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. 5.18. CONTRACTS: DEFINITION OF AWARD The Contract shall be deemed to have been awarded when formal Notice of Award shall have been duly served upon the intended awardee (i.e., the bidder to whom the City contemplates awarding the Contract) by the Purchasing Agent of the City. 24 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.19. CONTRACTS: EXECUTION OF CONTRACTS AND BONDS A. The successful bidder shall enter into a written contract agreement with the City on the form attached hereto. The bidder must comply with all State and Federal Laws as to provision of Workers' Compensation. Such contract agreement shall be subject to the Charter of Pueblo, the Code of Ordinances, City of Pueblo, and the Ordinance, if any, creating any Special Improvement District formed to carry out this project. B. Each contract shall be executed in one (1) original counterpart, unless instructed otherwise in Notice of Award, and there shall be executed original counterparts of the Contractor's Performance Bond and Payment Bond in equal number to the executed original counterparts of the Contract. Not less than two (2) copies of such executed documents will be retained by the City and one (1) copy will be delivered to the Contractor. The successful contractor must provide workers' compensation insurance and public liability and property damage insurance as outlined in the General Provisions of the Contract. The costs of executing the bonds and contract and insurance, including all notarial fees and expense, are to be paid by the Contractor to whom the Contract is awarded. 5.20. CONTRACT: CONTRACT SECURITY The Contractor shall furnish a good and sufficient Performance Bond and Payment Bond on the forms attached hereto each in an amount not less than the full amount of the contract price, as security for the faithful performance of the Contract and for the payment of all persons performing labor and furnishing material in connection with the work. Said bonds shall be executed by a corporate surety duly authorized to issue bonds in the State of Colorado. Said bonds shall also be complete surety for all guarantees of materials and workmanship required by any provision of the Contract Documents or the specifications. If at any time during the continuance of the Contract a Surety on either of the Contractor's bonds becomes irresponsible or insolvent the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish within ten (10) days after written notice to do so. 5.21. CONTRACTS: VERBAL AGREEMENTS No verbal agreements or conversations with any agent or employee of the City, either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. 5.22. CONTRACTS: SCHEDULE OF UNIT PRICES A. Promptly following the execution of the Contract Documents for all lump sum contracts, the Contractor shall prepare and transmit to the Engineer two copies of an itemized breakdown showing the unit quantities of each major construction item and the corresponding unit prices. Such unit prices shall contain all costs including profit, of each item complete in place. The total cost of all the items shall equal the contract price for the project. This breakdown when approved by the Engineer, will be used primarily in determining payment due the Contractor on periodical estimates. If, in the opinion of the Engineer, any unit price submitted by the 25 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street Contractor is unbalanced, a detailed breakdown of the items contained in the unit will be required. B. For contracts bid on a unit price basis, unit bid prices for substantially completed work will be used in determining payment due the Contractor on periodical estimates. Partially completed units may be paid for in periodical estimates. 5.23. SUBCONTRACTS: SUBCONTRACTORS A. The Contractor shall as soon as possible after the execution of the Contract, notify the City in writing of the names of the subcontractors proposed on the Contract, and shall not employ any subcontractor that the City objects to as incompetent, unfit or otherwise disqualified. Additionally, Contractor shall not employ in the work any subcontractor, nor obtain materials from any supplier, who is (1) debarred or suspended by the Colorado state purchasing director or head of any Colorado purchasing agency or (2) listed on any federal government list of debarments, suspensions or voluntary exclusions, including but not limited to, the List of Parties Excluded from Federal Procurement or Nonprocurement Programs maintained by the General Services Administration. B. The Contractor agrees to be fully responsible to the City for the acts or omissions of their subcontractors and of anyone employed directly or indirectly by the Contractor or subcontractors and this contract obligation shall be in addition to the liability imposed by law upon the contractor. C. Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor and the City. D. The Contractor agrees to bind every subcontractor (and every subcontractor of a subcontractor) of the Contract, Plans and by the terms of the General Provisions and the SPECIAL PROVISIONS Specifications as far as applicable to their work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. 5.24. SUBCONTRACTS: ASSIGNMENT OF CONTRACT No assignment by the Contractor of any principal construction contract or any part thereof or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the City and the Surety has been given due notice of such assignment and has furnished written consent thereto. Such written approval by the City shall not relieve the Contractor of the obligations incurred by them under the terms of this Contract. In addition to the usual recitals in assignment contracts, the following language must be set forth: "It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms or corporations." 26 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.25. SUBCONTRACTS: OTHER CONTRACTS The City may award other contracts for additional work, at the site of the project (or other locations) and the Contractor shall fully cooperate with such other contractors and carefully fit their own work to that provided under other contracts as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor. 5.26. INDEMNITY AND INSURANCE: INDEMNITY The Contractor and their sureties shall indemnify, defend and save harmless the City of Pueblo and all of its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damage received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor, their agents or employees, in performance of said Contract; or on account of the failure of the Contractor to provide necessary barricades, warning lights or signs; and shall forthwith pay any judgment, with costs, which may be obtained against the City, its officers, agents or employees, growing out of such injury or damage. 5.27. INDEMNITY AND INSURANCE: CONTRACTOR’S INSURANCE The Contractor shall not commence work under this Contract until Contractor has obtained at their own expense and without cost to the City all insurance required under this paragraph and such insurance has been approved by the City Attorney, nor shall the Contractor allow any subcontractor to commence work on their subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall maintain such insurance until the final acceptance by the City of all construction covered by the Contract. A. Commercial General Liability Insurance: The Contractor shall secure and maintain during the period of this Contract and for such additional time as work on the project is being performed, Commercial General Liability Insurance issued to and covering the liability of the Contractor with respect to all work performed by them and all their subcontractors under the Contract, to be written on a Commercial General Liability policy form CG 00 01. This insurance shall be written in amounts not less than $1,000,000 for each occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each occurrence and aggregate for property damage. This policy of insurance shall be endorsed naming the City of Pueblo, its agents, officers, and employees as additional insureds. To the extent that Contractor’s work, or work under their direction, may require blasting, explosive conditions, or underground operations, the commercial general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of building, or damage to underground property. The policy shall also provide coverage for contractual liability assumed by Contractor under the provisions of the Contract, and “Completed Operations and Projects Liability” coverage. B. Comprehensive Automobile Liability Insurance: The Contractor shall procure and maintain during the period of the Contract and for such additional time as work on the project is being performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with 27 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street limits of liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Contractor from any and all claims arising from the use both on and off the site of the project of automobiles, trucks, tractors, backhoes, and similar equipment whether owned, leased, hired, or used by Contractor. C. Workers' Compensation Insurance: The Contractor shall procure and maintain during the period of this Contract and for such additional time as work on this project is being performed, Workers' Compensation Insurance, including Occupational Disease Provisions, fully complying with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado. Such insurance shall be obtained notwithstanding that Contractor may have no employees as defined under said Act or that Contractor might otherwise avail itself of an exemption under the Act from any legal requirement to obtain such coverage. Such insurance shall cover all employees of Contractor performing work on the project irrespective of whether such employees may be shareholders, managers, partners or owners of Contractor or exempt employees under the Act. If any class of employees engaged in hazardous work under this Contract at the site of the project is not protected by the Workers' Compensation Statute, the Contractor shall provide, and similarly shall cause each subcontractor to provide, special insurance for the protection of such employees not otherwise protected. Workers’ Compensation policy shall contain an endorsement waiving subrogation against the City. nland Marine/Installation Floater Insurance: All tools and equipment that the Contractor has D. I at the job site or is owned by the Contractor and/or subcontractors are the responsibility of the Contractor, respectively. When specified in SPECIAL PROVISIONS Contractor shall obtain an installation floater to cover that portion of the work to be constructed, installed, altered or repaired by contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must also include property of others in the contractor’s care, custody or control including but not limited to materials paid for by City pursuant to General Provisions Section 5.63 of this contract. The City shall be named as loss payee on the policy with coverage extending through the final completion date for all materials or supplies purchased for the project. The City of Pueblo assumes no responsibility for protection, maintenance, or repair of any tools or equipment used on this project. E. Builder's Risk Insurance: When specified in SPECIAL PROVISIONS, the Contractor shall secure and maintain during the period of this Contract, Builder's Risk "All Risk" Completed Value Insurance coverage (including vandalism) upon 100% of the cost of the entire project which is the subject of this Contract and including completed work, work in progress, and materials delivered to the site for incorporation therein. Such insurance shall include as additional named insureds, the City, its officers, agents and employees, and any other person with an insurable interest designated by the City as an Additional Named Insured. Such insurance may have a 28 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street $2,500 maximum deductible clause, which deductible amount shall be the responsibility of the Contractor. In the event the project site is located within the floodway or floodplain, or located within 500 feet of any lake, stream, river or other natural watercourse, the policy shall contain a flood endorsement. F.Any Subcontractor Performing Work for the Contractor:Any subcontractor performing work for the Contractor under the Contract shall provide certificates of insurance protection to the Contractor and to the City of Pueblo, Colorado, of the same type and in the same amounts as required by the Contractor. G. The Insurance Coverage: The insurance coverage enumerated in the above subparagraphs constitutes the minimum requirements and said enumeration shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall procure and maintain, at their own cost and expense, any additional kinds and amounts of insurance that, in their own judgement, may be necessary for their proper protection in the prosecution of the work. H. Certificates of Insurance: Certificates of Insurance for Workers' Compensation Insurance, Commercial General Liability Insurance, and Comprehensive Automobile Liability Insurance shall be filed with the City prior to the execution of the Contract. Certificates for Inland Marine/Installation Floater Insurance and Builder's Risk Insurance shall also be filed with the City when such insurance is required for the project. Said insurance shall not thereafter be canceled, permitted to expire, or be changed without 30 days advance written notice to the City. 5.28. GUARANTEES, PATENTS, PERMITS: GUARANTEES A. All work shall be constructed in compliance with applicable building and construction codes and must be guaranteed for a period of two (2) years from the date of final acceptance, or for such . other period as may be required in the SPECIAL PROVISIONS B. In placing orders for equipment, the Contractor shall purchase same only under a written guarantee from the respective manufacturer that the equipment supplied will function satisfactorily as an integral part of the completed project in accordance with the plans and specifications. Furthermore, the Contractor shall require that the manufacturer agree in writing at the time the order for equipment is placed, that they will be responsible for the proper functioning of the equipment in cooperation with the Contractor, and that whenever necessary during the installation period or tuning up period following construction period the manufacturer will supply, without additional cost to the City, such superintendence and mechanical labor and any additional parts and labor needed to make the equipment function satisfactorily, even if same was not shown on approved shop drawings. C. The provisions of this section concerning guarantee by Contractor shall be construed in a manner consistent with the requirements and limitations of 23 CFR § 635.413. 29 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.29. GUARANTEES, PATENTS, PERMITS: PERMITS, SURVEYS, AND COMPLIANCE WITH LAWS A.Except as may otherwise be indicated in the Contract Documents, the Contractor shall procure at their own expense all permits, licenses, and bonds necessary for the prosecution of their work, and/or required by Municipal, State, and Federal regulations and laws, including, but not limited to, permits for transportation of materials and equipment, blasting, environmental permits, and any other permit required for the project or Contractor's operations, regardless of whether the necessity for such permit is disclosed in the plans and specifications. B. The City will furnish all site surveys, easements, and rights of way necessary for construction of any permanent works required in the specifications, where such work is to be done on property other than the City's. C. The Contractor shall give all notices, pay all fees and taxes, including City Sales and Use Taxes, and comply with all Federal, State and Municipal laws, ordinances, rules, and regulations and building and construction codes bearing on the conduct of the work. This Contract as to all matters not particularly referred to and defined herein shall notwithstanding be subject to the provisions of all pertinent ordinances of the Municipality within whose limits the work is constructed, which ordinances are hereby made part hereof with the same force and effect as if specifically set out herein. D. This Contract is specifically subject to the provisions of the Charter of Pueblo, all applicable portions of the 1971 Code of Ordinances of Pueblo, Colorado, and of the ordinance, resolution or order of the City Council authorizing this improvement. The aggregate payment on this Contract may not exceed the estimates of the Engineer nor the amount budgeted for the project. If the cost of the improvement to be constructed under this Contract is to be assessed upon the owners of land benefited by such improvements, upon complaint of any such landowner that the improvement in not being constructed in accordance with the Contract, the Council may consider the complaint and make such order in the premises as shall be just, and such order shall be final and conclusive. 5.30. GUARANTEES, PATENTS, PERMITS: DEFENSE OF CLAIMS OR SUITS BY REASON OF PATENT INFRINGEMENT The Contractor shall pay for all royalties and patents for any patented product used by them or incorporated in the work, and shall defend all claims or suits for infringement of any patent right brought against themself thereof; except such claims or suits arising by reason of patent infringements or unauthorized use of patented processes where such is the direct result of specification requirements (as distinguished from patented articles, apparatus, or equipment). 5.31. GUARANTEES, PATENTS, PERMITS: LICENSE OR ROYALTY FEES If the project is designed so as to require or permit the use of a process or processes (as distinguished from articles, apparatus, or equipment) for which license or royalty fees will be charged, such fees for 30 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street the use of such processes will be paid by the Contractor to the Patentee, Licensee or owner of such process, and bidder shall include shall fees in their bid. 5.32. PLANS AND SPECIFICATIONS A. All work shall be executed in strict conformity with the plans and specifications, and the Contractor shall do no work without proper drawings and instructions. B. The City will furnish to the Contractor one (1) complete set of Contract Documents, including drawings. Additional copies of same or any part thereof shall be furnished at the expense of the Contractor. C. Figured dimensions on the plans shall be taken as correct but shall be checked by the Contractor before starting construction. Any errors, omissions, or discrepancies shall be brought to the attention of the Engineer and their decision thereon shall be final. All notes on the plans shall be followed. Corrections of errors, or omissions on the drawings or specifications may be made by the Engineer when such correction is necessary for the proper execution of the work. 5.33. PLANS AND SPECIFICATIONS: INTENT OF CONTRACT DOCUMENTS A. The sections of the Contract Documents and the contract plans are complementary, and what is called for by anyone shall be binding as if called for by all. The intention of the Contract Documents is to include in the contract price the cost of all labor and materials, water, fuel, tools, plant, equipment, light, transportation, and all other expense as may be necessary for the proper execution of the work. B. Any work shown on the plans and not covered in the specifications or included in the specifications and not shown on the plans shall be executed by the Contractor as though shown both on the plans and included in the specifications. If the plans and specifications should be contradictory in any part, the specifications shall govern. C. If the Contractor, in the course of the work, finds any discrepancy between the plans and the physical layout, or any errors or omissions in plans or layout, the Contractor shall immediately so inform the Engineer, and the Engineer shall promptly verify them. Any work done after such discovery without written consent of the Engineer authorizing same shall be done at the Contractor's risk. D. Any minor items not specifically called for in the plans and specifications, but which are necessary to complete the work ready for use in accordance with the requirements of good practice, as determined by the Engineer, shall be included as a part of the Contractor's bid price and furnished at no additional cost to the City. E. In interpreting the Contract Documents, words describing materials or work which have a well known technical or trade meaning, unless otherwise specifically defined in the Contract Documents, shall be constructed in accordance with such well known meaning recognized by architects, engineers, and the trade. 31 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.34. PLANS AND SPECIFICATIONS: INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a bid for this Contract is in doubt as to the true meaning of any part of the plans, specifications, or other contract documents, they may submit to the Engineer a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the documents will be made only prior to closing time and by written addendum duly issued or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanations or interpretations of the documents. 5.35. PLANS AND SPECIFICATIONS: STANDARD MANUFACTURER Wherever the terms "standard", "recognized" or "reputable" manufacturer are used, they shall be construed as meaning manufacturers who have been engaged in the business of fabricating materials, equipment, or supplies of the nature called for by the specifications for a reasonable period of time prior to the date set for opening of bids, and who can demonstrate to the satisfaction of the City that said manufacturer has successfully installed equipment, materials, or supplies of the type proposed to be furnished in at least three instances and that the performance of such materials, equipment, or supplies for a period of over twelve months prior to the date fixed for opening bids shall, prima facie, be deemed to have been engaged in such business for a reasonable length of time. 5.36. PLANS AND SPECIFICATIONS: "OR EQUAL" CLAUSE Whenever in any section of the Contract Documents, plans or specifications, any article, material, or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal" if not inserted, shall be implied. The specific article, material, or equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturers products of comparable equality, design, and efficiency. 5.37. PLANS AND SPECIFICATIONS: MATERIALS AND WORKMANSHIP A. The Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, heat, transportation, and other facilities necessary for the execution and completion of the Contract. Unless otherwise stipulated in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this Contract are to be new and of the best grade of their respective kinds for their purpose. The Contractor shall furnish to the Engineer, for their approval, the name of the manufacturer of machinery, mechanical and other equipment, which the Contractor contemplates installing, together with their performance capacities and other pertinent information. B. If not otherwise provided, material or work called for in this Contract shall be furnished and performed in accordance with well known established practice and standards recognized by architects, engineers, and the trade in so far as possible. C. When required by the specifications, or when called for by the Engineer, the Contractor shall furnish for approval full information concerning the materials or articles which the Contractor contemplates incorporating in the work. Samples of materials shall be submitted for approval 32 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street when so directed. Machinery, equipment, materials, and articles installed or used without such approval shall be at the risk of subsequent rejection. All materials and workmanship shall be guaranteed by the Contractor and Surety for a period of two (2) years from date of final acceptance, or for such period as may be required in the SPECIAL PROVISIONS. D.No material of any kind shall be installed in the project until it has been inspected and approved by the Engineer. All material rejected shall be immediately removed from the site of the work and not again offered for inspection. Any materials or workmanship found at any time to be defective shall be remedied at once regardless of previous inspections. E. At any time during the course of construction of this project when in opinion of the Engineer, provisions of the plans, specifications, or contract provisions are being violated by the Contractor or their employees, the Engineer shall have the right and authority to order all construction to cease or material to be removed, until arrangements satisfactory to the Engineer are made by the Contractor for resumption of the work in compliance with the provisions of the Contract. 5.38. PLANS AND SPECIFICATIONS: SHOP DRAWINGS A. The Contractor, as soon as possible after approval of the source and the purchase of items of materials and equipment, shall submit to the Engineer all shop or setting drawings and schedules required for the work, including those pertaining to structural and reinforcing steel. The Contractor shall make any corrections in the drawings required by the Engineer, and resubmit same without delay. B. Three final copies of all shop or setting drawings shall be submitted to the Engineer, who after checking will retain two copies and return one copy to the Contractor. The Engineer's approval of shop drawings of equipment and material shall extend only to determining the conformity of such equipment and materials with the general features of the design drawings prepared by the Engineer. Shop drawings are not part of the Contract Documents and do not modify the Contract Specifications. It shall be the responsibility of the Contractor to determine the correctness of all dimensions and minor details of such equipment and materials so that when incorporated in the work correct operations will result. 5.39. ENGINEER, INSPECTION, AND TESTING: AUTHORITY OF ENGINEER A. The Engineer shall decide all questions which may arise as to the fulfillment of the Contract on the part of the Contractor and their decision thereon shall be final and conclusive. The Engineer shall have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. B. If, in the opinion of the Engineer, the work being done by the Contractor is in violation in any way with the terms of the Contract, the Engineer shall forthwith notify the Contractor to cease said violation. 33 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street C. The Engineer shall, upon presentation to them, make prompt decisions in writing on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final and conclusive. D. The Contractor shall submit schedules which shall show the order in which the Contractor proposes to carry on the work, but the right to stipulate the order in which the Contract shall be carried out is reserved to the Engineer. E. In the event either City or Contractor remains dissatisfied with the final decision of the Engineer hereunder, the City or Contractor may seek judicial review thereof pursuant to Rule 106, C.R.C.P. In no event shall the Contractor slow or stop the work while a determination is pending under this section 3.51, and the City will continue to make payment in accordance with the Contract Documents except as to any amount in dispute. 5.40. ENGINEER, INSPECTION, AND TESTING: TESTING OF MATERIALS A. Attention of the Contractor is directed to the materials tests required on this Contract. All laboratory tests shall be approved by an approved testing laboratory. The specific test requirements are set forth in the sections of these specifications which describe the materials or apparatus to be tested. The Contractor shall furnish the Quality Control materials to be tested and shall pay transportation charges and costs of testing on any samples required to be submitted to the laboratory. B. Where certified test reports are required to be furnished by the manufacturer, the Contractor shall furnish duplicate copies of the reports before the material will be approved for use. 5.41. ENGINEER, INSPECTION, AND TESTING: STAKING WORK A. The Engineer will set control stakes for general layout and all necessary grade stakes for construction work. The protection and care of such stakes shall be the responsibility of the Contractor. The Contractor may, at the discretion of the Engineer, be required to pay the cost of replacing stakes which are lost or destroyed. The detail layout of structures and staking of individual items shall be done by the Contractor subject to verification by the Engineer as to compliance with the contract plans and specifications. In any case, the Contractor shall be responsible for the correctness and accuracy of the detail layout of finished structures. B. Any personnel engaged in the surveying work on the project by the Contractor or their subcontractors, who is judged by the Engineer to be incompetent shall be removed from the work and replaced by competent personnel. 5.42. ENGINEER, INSPECTION, AND TESTING: FAILURE TO COMPLETE WORK ON TIME In case the Contractor shall fail to fully perform and complete the work in conformity with the provisions and conditions of the Contract within the specified time limit set forth in the Bid Form or within such 34 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street further time as, in accordance with the provisions of this agreement shall be fixed or allowed for such performance and completion, the Contractor shall and will pay to the City of Pueblo for each and every day of the additional time in excess of the contract time and any granted extensions thereof, the sum given in the following schedule which said sum per calendar day is agreed upon, fixed and determined by the parties hereto. The amounts shown are considered to be liquidated damages to reimburse the City for the additional costs caused by delayed completion and in no case constitute a penalty. The amounts set forth below may be reduced or supplemented for project specific considerations as provided for in SPECIAL PROVISIONS. ORIGINAL AMOUNT OF LIQUIDATED CONTRACT AMOUNTDAMAGES PER DAY Less than $49,999 $200.00 $50,000 to $99,999$250.00 $100,000 to 249,999 $300.00 $250,000 to $499,999$400.00 $500,000 to $999,999$500.00 $1,000,000 and above $1,000.00 plus any additional amount specified in Special Provisions 5.43. ENGINEER, INSPECTION, AND TESTING: INSPECTION A. The Engineer and their authorized representatives shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper and safe facilities for such access and for inspection. B. The Engineer shall have the right to reject materials and workmanship which are defective, or require their correction. Rejected workmanship shall be satisfactorily corrected and rejected materials shall be removed from the premises without charge to the City. If the Contractor does not correct such condemned work and remove rejected materials within a reasonable time fixed by written notice, the City may remove them and charge the expense to the Contractor. C. Should it be considered necessary or advisable by the Engineer at any time before final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall on request promptly furnish all necessary facilities, labor, and materials. If such work is found to be defective in any material respect due to fault of the Contractor or their subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus fifteen (15) percent, will be allowed the Contractor. D. All materials to be incorporated in the work, all labor performed, all tools, appliances, and methods used shall be subject to the inspection and approval or rejection of the Engineer. 35 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street E. If the Engineer shall point out to the Contractor, their foreman or agent any neglect or disregard of the contract provisions, such neglect or disregard shall be remedied and further defective work shall be at once discontinued. F. The Contractor shall execute the work only in the presence of the Engineer or authorized inspectors, unless provision has been made for the work to proceed without complete engineering supervision or inspection. The presence of the Engineer or Inspector shall in no way relieve the Contractor of the responsibility of this Contract, or be any warrant for the furnishing of bad material or poor workmanship. G. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor, materials, and workmanship in compliance with the contract provisions. Such inspection and supervision, however, shall not operate to release the Contractor from any of their contract obligations. 5.44. CONTRACTOR'S WORKING CONDITIONS: SUPERINTENDENCE A. The Contractor shall give their personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Engineer and having authority to act for the Contractor. All directions given to them shall be as binding as if delivered to the Contractor. Such directions shall be confirmed upon written request to the Engineer by the Contractor or their superintendent. B. In so far as it is practicable and except in the event of discharge by the Contractor or in the event of proven incompetence, the individual who has been designated to represent the Contractor shall so act and shall follow without delay instructions of the Engineer in the prosecution of the work in conformity with the Contract. 5.45. CONTRACTOR'S WORKING CONDITIONS: LABOR A. The Contractor shall employ none but competent and skilled workers and foremen in the conduct of work on this Contract. The Contractor shall at all times enforce strict discipline and good order among their employees. The Engineer shall have the authority to order removal from the work of any Contractor's employee who refuses or neglects to observe any of the provisions of these plans or specifications, or who is incompetent, unfaithful, abusive, threatening, or disorderly in their conduct, and any such person shall not again be employed on this project without permission of the Engineer. B. Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type of class of labor in the several classifications of skilled and common labor employed on this project, as required and defined in Article 17 of Title 8 of C.R.S.; provided, however that this subsection (b) shall be suspended and of no effect to the extent prohibited or inconsistent with a requirement of federal law or regulation or the terms and 36 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street conditions of any grant or cooperative agreement to which the City is a party and which concerns the Project. C. If required, Contractor shall comply with all of the Davis-Bacon Act. Contractor shall be responsible for educating its officers, employees, representatives, contractors, and subcontractors regarding the applicable Davis-Bacon wages to be paid on this project. Contractor shall be responsible for requesting additional classifications, if necessary, and appealing any wage decisions to the Department of Labor or other applicable governmental entity. Contractor assumes the risk of an unfavorable wage determination. 5.46. CONTRACTOR'S WORKING CONDITIONS: USE OF JOB SITE AND PRIVATE LAND A. The Contractor shall confine their equipment, apparatus, the storage of materials and operations of their workers to limits indicated by law, ordinances, permits or directions of the City and shall not encumber the premises with their materials. B. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. The Contractor shall enforce the Engineer's instructions regarding signs, advertisements, fires, and smoke. C. The Contractor shall not use any vacant lot or private land as a plant site, depository for materials, or as a spoil site without the written authorization of the owner (or their agent) of the land, a copy of which authorization shall be filed with the City. The Contractor shall not interrupt, constrict, or alter established drainage ways on vacant lots or private land without first obtaining permission from the Engineer and the property owner. 5.47. CONTRACTOR'S WORKING CONDITIONS: PROTECTION OF THE PUBLIC, WORK, AND PROPERTY A. The Contractor shall provide and maintain all necessary watchmen, barricades, red lights, and warning signs and take all necessary precautions for the protection of the public. The Contractor shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect the City's property from injury or loss arising in connection with the Contract. The Contractor shall make good any damage, injury, or loss to their work and to the property of the City, except such as may be due to errors in the Contract Documents, or caused by agents or employees of the City. B. The Contractor shall continuously maintain adequate protection of all their work from damage and shall protect the City's and adjacent property from injury arising from or in connection with this Contract. C. The Contractor will be responsible for any and all damage to property, public or private, that may be caused by their operations in the performance of this Contract, and the Contractor shall defend any suit that may be brought against themself or the City on account of damage inflicted 37 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street by their operations, and shall pay any judgements awarded to cover such damage; provided, however, that if either party to this Contract should suffer injury or damages in any manner because of any wrongful act or neglect of the other party or of anyone employed by them, then they shall be reimbursed by the other party for such damage. Notice of pending claim for such reimbursement shall be made in writing to the party responsible within a reasonable time of the first observance of such damage, and the claim shall be filed and adjusted prior to the time of final payment. 5.48. CONTRACTOR'S WORKING CONDITIONS: ACCIDENT PREVENTION Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable local ordinances, State, and Federal laws, and building and construction codes shall be observed. Machinery, equipment, and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. 5.49. CONTRACTOR'S WORKING CONDITIONS: INTERFERENCE WITH TRAFFIC In executing the work on this project the Contractor shall not unnecessarily impede or interfere with traffic on public highways or streets. Any question as to what constitutes unnecessary interference with traffic or a hazard to traffic shall be determined by the Engineer and the Traffic Engineer of the City. The Contractor shall confer with and keep Police and Fire Departments of the City fully informed as to street or alleys which are to be closed to traffic for construction purposes. The Contractor shall be responsible for coordination of their work with all affected utilities. 5.50. CONTRACTOR'S WORKING CONDITIONS: SANITARY CONVENIENCES The Contractor shall provide and maintain at the site of the construction work at all times, suitable sanitary facilities for use of those employed on this Contract without committing any public nuisance. Pit type toilets shall be of proper design and fly tight. All toilet facilities shall be subject to the approval of the Pueblo City County Health Department. 5.51. CONTRACTOR'S WORKING CONDITIONS: WORK IN BAD WEATHER No construction work shall be done during stormy, freezing or inclement weather, except such as can be done satisfactorily, and in a manner to secure first class construction throughout, and then only subject to the permission of the Engineer. 5.52. CONTRACTOR'S WORKING CONDITIONS: COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986 By submitting a bid, the Contractor certifies that Contractor has complied with the United States Immigration Reform and Control Act of 1986. Contractor represents and warrants that to the extent 38 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street required by said Act, all persons employed by Contractor for performance of this Contract have completed and signed Form I-9 verifying their identities and authorization for employment. 5.53. CLEANUP AND FINAL COMPLETION: CLEANING UP AND FINAL INSPECTION A. The Contractor shall at all times keep the site of the work free from accumulations of waste materials or rubbish caused by their employees or work and at the completion of the work they shall remove all their rubbish from and about the work and all their tools, equipment, scaffolding and surplus materials and shall leave their work clean and ready to use. In case of dispute, the City may remove the rubbish and surplus materials and charge the cost to the Contractor. This requirement shall not apply to property used for permanent disposal of rubbish or waste materials in accordance with permission of such disposal granted to the Contractor by the City therefore. B. All sewers, conduits, pipes and appurtenances and all tanks, pump wells, chambers, buildings, and other structures shall be kept clean during construction; and as the work or any part thereof approaches completion, the Contractor shall systematically and thoroughly clean and make any needed repairs to them. The Contractor shall furnish at their own expense, suitable tools and labor for removing all water and cleaning out all dirt, mortar, and foreign substances. Any undue leakage of water into the structures such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be promptly corrected by the Contractor at their own expense. Cleaning and repairs shall be arranged, so far as practical, to be completed upon finishing the construction work. Notice to begin the final cleaning, and repairing, if such is needed, will be given by the Engineer, who at the same time will make their final inspection of the work. The Engineer will not approve the final estimate of any portion of the work until after the final inspection is made and the work found satisfactory. 5.54. CLEANUP AND FINAL COMPLETION: CUTTING AND PATCHING A. The Contractor shall do all cutting, fitting or patching of their work that may be required to make its several parts fit together or to receive the work of other contractors shown upon, or reasonably implied by, the plans and specifications of the completed project. B. Any cost caused by defective or ill timed work shall be borne by the party responsible therefore. C. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor without the consent of the Engineer. 5.55. CLEANUP AND FINAL COMPLETION: FINAL TESTS After completion of the work the Contractor shall make any and all tests required by the specifications or by municipal or state regulations, and where so provided in said regulations shall furnish the City with certificates of inspection by the municipal or state regulatory bodies. The Contractor shall also make all tests required by the National Board of Fire Underwriters for the purpose of determining insurance rates or other protection of City or the Public. 39 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.56. CLEANUP AND FINAL COMPLETION: CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor any provision in the Contract Documents shall relieve the Contractor of the responsibility for negligence or faulty materials or workmanship, whether latent or patent, within the extent and period provided by law. 5.57. CLEANUP AND FINAL COMPLETION: TERMINATION FOR CAUSE A. In the event the Contractor shall be adjudged as bankrupt, or shall make a general assignment for the benefit of their creditors, or a receiver shall be appointed on account of their insolvency, or if they shall persistently or repeatedly refuse or should fail to supply enough properly skilled workers or proper materials, or shall fail to maintain required insurance, or shall fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, or ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provisions of the Contract, the City may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, and unless within ten days after the serving of such notice upon the Contractor, such violation shall cease and satisfactory arrangement for correction be made, the Contract shall, upon the expiration of said ten days cease and terminate. In the event of any such termination, the City shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within thirty days from the date of the mailing to such Surety of a notice of termination, the City may take over the work and prosecute the same to completion for the account and at the expense of the Contractor, and the Contractor and their Surety shall be liable to the City for any excess cost thereby occasioned the City. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. The expense incurred by the City herein provided, and the damages incurred through the Contractor's default, shall be determined by the Engineer whose decision thereon shall be final and conclusive. B. Where the Contract has been terminated by the City, said termination shall not affect or terminate any of the rights of the City as against the Contractor and their Surety then existing or which may thereafter accrue because of such default. Any retention by the City of the moneys due the Contractor under the terms of the Contract shall not release the Contractor or their Surety from liability for their default. 5.58. CLEANUP AND FINAL COMPLETION: FINAL ACCEPTANCE OF THE WORK A. The Contract shall be deemed as having been finally accepted by the City upon authorization of final payment issued by the Engineer. B. Use of part of the improvement by the City before completion of the entire project is not to be construed by the Contractor as an acceptance by the City of that part so used. 40 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.59. CLEANUP AND FINAL COMPLETION: COMMENCEMENT AND COMPLETION OF WORK A.The Contractor shall commence work within three (3) calendar days of the date of execution of the Contract (unless otherwise stated in the Bid Form), and complete the Contract within the number of calendar days from the date of the Notice to Proceed as stated in the Bid Form. B. The dates fixed for commencement and completion of the work shall be extended for a period equivalent to the time lost because of severe and unusual weather, non delivery of properly ordered materials, or other cause over which the Contractor is not responsible. The Contractor shall document reasons for requesting any such extensions in a letter to the Engineer, and the Engineer shall fix the period of extensions, if any, their decision being binding upon both parties. If satisfactory execution and completion of the Contract shall require work or materials in substantially greater amounts or quantities than those set forth in the Contract, then the contract time shall automatically be increased in the same proportions as the cost of the additional work bears to the original contracted for. No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor or their subcontractors or suppliers. 5.60. CLEANUP AND FINAL COMPLETION: LIQUIDATED DAMAGES A. In the event that the Contract has not been completed within the specified time (including any approved time extensions as described in Paragraph COMMENCEMENT AND COMPLETION OF WORK) the amounts set forth in Paragraph FAILURE TO COMPLETE WORK ON TIME will be deducted from the amount paid the Contractor, as liquidated damages. B. No other liquidated damages will be charged for noncompletion within the specified time unless specifically stated in the Special Provisions. 5.61. CLEANUP AND FINAL COMPLETION: WAIVER OF STATUTORY LIMITATIONS AND CONDITIONS The rights and remedies available to City under the Contract Documents, including the City’s right to recover liquidated damages, are in addition to, and not limited by, any rights, remedies and limitations provided under law. By bidding upon and entering into this Contract, the Contractor specifically waives all provisions of Chapter 8 of Article 20 of Title 13, Colorado Revised Statues including, without limitations, those relating to defects in the work under the Contract, limitation of damages and notice of claim process. 5.62. MEASUREMENT AND PAYMENT: MEASUREMENT OF WORK A. If the bid for the work under this Contract is on a unit price basis, the actual number of units of each item of work to be constructed may be more or less than the corresponding number given in the bid form or plans, but no variation will be made in the contract unit prices on the account. No extra measurement of any kind will be allowed in measuring the units of work under this 41 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street Contract, but the actual units of work shall be considered and all lengths will be measured on the centerline of the work, whether straight or curved. The Contractor will be paid the contract price for each unit of work done, which price will include the cost of all work described in the unit specifications. B. The method of measurement shall be as described in that part of the specifications covering the particular units of work or materials furnished. 5.63. MEASUREMENT AND PAYMENT: PAYMENTS A. The Contractor shall prepare and submit to the Engineer a detailed estimate of the work performed during the preceding calendar month, and at the time of completion of the work under the Contract, the Contractor shall prepare and submit to the Engineer a detailed estimate of the work performed since the last calendar month for which the Contractor has submitted an estimate, such estimates to be used after approval as a basis for periodical and final payments. In City's sole and absolute discretion, City may require certifications of payment by any supplier, subcontractor, and materialmen of Contractor with respect to the work performed.When approved, one copy of such estimate will be returned to the Contractor. B. Not later than the 21st day after approval of periodic estimate and receipt of all other required , the City will make partial payment to payment submittals as detailed in SPECIAL PROVISIONS the Contractor on the basis of a duly certified and approved estimate and certifications, if required, of the work performed by the Contractor during the preceding calendar month. The City, at its discretion, may include in such monthly estimates payment for materials that will eventually be incorporated in the project, provided that such material is suitably stored on the site of the project at the time of submission of the estimate for payment. Payment for materials on hand but not in place, unless otherwise provided in the Special Provisions, shall be based on the Contractor's cost of such materials stored at the job site, as evidenced by material bills and freight bills. No additional allowances will be made for handling or drayage by the Contractor's forces, nor overhead, insurance, profit, or other incidental costs. The Contractor shall, if required by the Engineer, present certified copies of receipted bills and freight bills for such materials. Such material when so paid for by the City shall become the property of the City, and in case of default on the part of the Contractor, the City may use or cause to be used by others these materials in construction of the project. C. The City will retain a percentage of the amount of each periodical estimate until the final completion and acceptance by the City of all work included in this Contract. Unless otherwise , the percentage retained shall be 10%, except that the specified in SPECIAL PROVISIONS retainage on the periodic estimate considered to be the final estimate may be reduced by the Engineer to an amount deemed by them sufficient to complete minor work, effect minor repairs or perform minor cleanup, provided, however, that in no event may retainage be reduced to less than five percent (5%) of the original contract amount. Nothing in this section shall be 42 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street construed to limit or restrict the City’s right to withhold additional amounts pursuant to Section WAIVER OF STATUTORY RETENTION LIMITS of these General Provisions. D. Final payment of the percentage retained by the City on the monthly periodical estimates and on the final estimate will be paid to the Contractor not more than thirty (30) days after final acceptance by the City of the work on this Contract and publication of the statutorily required Notice of Final Settlement. 5.64. MEASUREMENT AND PAYMENT: WAIVER OF STATUTORY RETENTION LIMITS Contractor acknowledges that the City will retain up to 10% of each periodical estimate as set forth in paragraph PAYMENTS (c) above. By bidding upon and entering into this Contract, the Contractor knowingly and voluntarily waives any and all right or entitlement it may have for a lesser percentage to be retained from payments pursuant to Section 24-91-103(1)(a) of the Colorado Revised Statutes. 5.65. MEASUREMENT AND PAYMENT: CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATIONS THEREOF A. The City may withhold, in addition to retained percentages, from any payment to the Contractor, such an amount or amounts as may be necessary to cover: 1. Claims filed with the City for labor or materials furnished in connection with the work; 2. Correction of defective work not promptly remedied by Contractor; 3. Amounts owed to their suppliers, subcontractors, and workers; 4. An amount sufficient to ensure completion if a reasonable basis exists to believe that the Contract cannot be completed for the balance then unpaid; 5. Damage caused by Contractor to another contractor or public or private property; 6. Excess cost of field engineering and inspection; 7. City Sales and Use Tax to which the City is entitled; 8. Liquidated damages. B. The City may disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment therefrom. The City will render to the Contractor a proper accounting of all such funds disbursed in behalf of the Contractor. C. Neither the final payment nor any part of the retained percentage shall become due until 30 days after publication of Notice of Final Settlement on the Project and after the Contractor shall have delivered to the City a complete release for themself and all materialmen and 43 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street subcontractors of all claims or liens arising out of the Contract, or receipt in full in lieu thereof. The Contractor may, however, furnish a bond, satisfactory to the City Attorney, to indemnify the City against any claim or lien. If any claim or lien remains unsatisfied after all payments are made, the Contractor and their Surety shall be liable to the City for all moneys that the latter may be compelled to pay in discharging such claim or lien, including all costs and reasonable attorney's fees. 5.66. MEASUREMENT AND PAYMENT: UNCORRECTED WORK All work performed incorrectly or of incorrect materials shall be replaced before final payment. Final payment will be withheld until such corrections have been accomplished. 5.67. MEASUREMENT AND PAYMENT: CHANGE ORDERS A. The Engineer, in writing, may direct that changes be made in the work to be performed or the materials to be furnished pursuant to the provisions of this Contract. A written change order which causes any increase in the original contract price shall include a statement that lawful appropriations have been made sufficient to cover the costs of the change order. B. Adjustments, if any, in the amounts to be paid to the Contractor by reason of any such change shall be determined by one or more of the following methods: 1. By unit prices contained in the Contractor's original bid and incorporated in this construction contract; 2. By a supplemental schedule of prices contained in the Contractor's original bid and incorporated in this construction contract; or by schedule of unit prices approved by Engineer pursuant to GENERAL PROVISIONS, CONTRACTS: SCHEDULE OF UNIT PRICES; 3. By an acceptable lump sum bid from the Contractor; 4. On a cost plus limited basis not to exceed a specified limit (defined as the cost of labor, materials, and insurance plus a specified percentage of the cost of such labor, materials, and insurance; provided the specified percentage does not exceed fifteen (15) percent of the aggregate cost of such labor, materials, and insurance and shall in no event exceed a specified limit). Provided, however, that the aggregate payment of all work shall in no case exceed the estimate of the Engineer. C. No claims for an addition to the contract sum shall be valid unless authorized in writing as aforesaid. D. In cases where a lump sum bid is submitted by the Contractor in excess of $500.00 (Five Hundred Dollars) and the Engineer considers the bid so submitted is excessive or unreasonable 44 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street for the changes or added work contemplated, the City reserves the right to request a bid for the same changed items from other contractors. If a bid for such added work is obtained from other contractors at a lesser amount, the City reserves the right to make an award for such work to another contractor unless the Contractor on this Contract agrees to do the added or changed work for the price named by the other contractor. E. It shall be expressly understood and hereby agreed to by the Contractor that no claim for extra work will be recognized by the City unless claim for such added work has been filed by the Contractor within ten (10) days after such alleged extra work was performed. 5.68. MEASUREMENT AND PAYMENT: SIGNIFICANT CHANGES IN CHARACTER OF THE WORK A. The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. B. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether such alternations or changes are in themselves significant changes to the character of the work, or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding loss of anticipated profit, will be made to the contract price. The basis for adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon for any reason what so ever, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. C. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract. D. As used in this section, the term “significant change” shall be construed to apply only to the following circumstances: 1. When the character of the work as altered differs substantially and materially in kind or nature from that involved or included in the original proposed construction, or 2. When a major item of work is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. 45 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 5.69. CONTRACTOR'S RIGHT TO TERMINATE: CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three (3) months, through no act or fault of the Contractor or of anyone employed by them, or if the Engineer should fail without cause to issue any estimate within thirty (30) days after it is due, then the Contractor may, upon ten (10) days written notice to the City of Pueblo, stop work or terminate the Contract and recover from the City payment for all work executed plus any loss sustained upon any plant or material plus reasonable profit and damages. 46 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 6. VENDOR SUBMISSIONS The answers to following questions constitutes the Contractor's Bid Proposal. 6.1. BID GUARANTEE* To submit a bid bond - Please download the document provided below, complete, and upload. To submit a certified check, cashier's check, or money order - Please scan and upload a copy of your check or money order. The original check or money order must be delivered to the Purchasing Department in person or via mail by the bid submittal deadline date. If sending by mail the envelope must be addressed to: City of Pueblo Purchasing Department 230 S. Mechanic Street Pueblo, CO 81003 The Bid Number and Name must be listed clearly on the outside of the envelope. Bid_Bond.pdf *Response required 6.2. CONFIRMATION OF UNDERSTANDING AND OFFER* Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. Confirming below will serve as the Bidder’s acknowledgement of understanding and ability to comply with all requirements and conditions of this project and that all mandatory submittals are included in this bid proposal. Confirmation must be made by an agent who is legally authorized to bind the company. By confirming below Bidder hereby proposes to furnish all labor, materials, tools, equipment, and all utility/transportation services necessary to perform and complete, in an industry acceptable and professional manner, construction in accordance with the plans and specifications as prepared by or for the City of Pueblo, Colorado, for the sums set forth in the pricing schedule. The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid on the basis of the Total Base Bid plus any Bid Alternates selected. Award shall be at the sole discretion of the City. The sum of the Total Base Bid plus all Bid Alternates shall be the basis for establishing the Bid Bond amount. The sum of the Total Base Bid plus any Bid Alternates selected by the City shall be the basis for establishing the amount of the Payment and Performance Bonds for this Contract. Quantities shown on the pricing schedule are subject to additions or reductions. The City reserves the right to adjust the required quantities as necessary. Additional quantities shall be furnished by Bidder at 47 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street the unit price quoted. The time allowed for construction shall be adjusted in direct proportion to the difference of the adjusted quantities to the estimated quantities. By confirming below Bidder acknowledges that they have examined the quantities shown against the plans and specifications and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the work to be completed. Downloaded plans/drawings must be printed as “Actual Size”; scaling is NOT correct when printed using other options. It is the Bidder’s sole responsibility to ensure plans are printed correctly and to inform third-party printers of this information. The City is not responsible for bidding errors resulting from Bidder’s failure to follow this requirement. The Bidder, if awarded the Contract, agrees to complete and file the Contract Agreement and Payment and Performance Bonds within ten (10) days of the date of Notice of Award, and further agrees to complete the work within 30 calendar days from Notice to Proceed. Liquidated damages will be assessed in accordance with the GENERAL PROVISIONS. Bidders shall not add any conditions or qualifying statements to this bid. If such items are added the bid may be declared nonresponsive and rejected. Bidder shall be subject to all applicable City, County, State, and Federal Taxes in the performance of this Contract. Please confirm *Response required 6.3. NAME, TITLE, AND CONTACT INFORMATION* Enter the Name, Title, and Contact Information, including phone number and email address, of the person providing the Confirmation of Understanding and Offer. *Response required 6.4. ACKNOWLEDGEMENTS 6.4.1. AFFIRMATIVE ACTION PLAN REQUIREMENT:* In accordance with LABOR PROVISIONS , Section 2: Nondiscrimination and Equal Employment Opportunity Requirements, the bidder hereby acknowledges that they have a written affirmative action plan which declares that the Contractor and its Subcontractor(s) do not discriminate on the basis of race, color, religion, creed, national origin, sex or age. Bidder further understands that the written plan must be submitted to the City of Pueblo Purchasing Department (and the applicable federal agency in the case of Federally funded projects) within ten (10) days of the award of contract. Neither the receipt by the City of this completed form, nor of any Affirmative Action Plan submitted by any bidder, contractor, or subcontractor, shall constitute any determination by the City of the adequacy of any Affirmative Action Plan. Please confirm your acknowledgment of the above statement: Please confirm 48 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street *Response required 6.4.2. INSURANCE REQUIREMENTS* Bidder hereby acknowledges understanding of the insurance requirements as set forth in GENERAL PROVISIONS, INDEMNITY AND INSURANCE: CONTRACTOR'S INSURANCE and certifies that they are in compliance with these requirements or will be upon award. Please confirm your acknowledgment of the above statement: Please confirm *Response required 6.4.3. COLORADO LABOR REQUIREMENT:* The bidder named below hereby acknowledges understanding of the Colorado labor requirement as set forth in GENERAL PROVISIONS, CONTRACTOR'S WORKING CONDITIONS: LABOR, sub-paragraph (b) and certifies that they are in compliance with this provision or will be upon award. Please confirm your acknowledgment of the above statement: Please confirm *Response required 6.4.4. SALES AND/OR USE TAX INFORMATION* CITY OF PUEBLO SALES OR USE TAX – The Contractor and any Subcontractors shall pay all applicable City of Pueblo Sales or Use taxes. All General Contractors and Subcontractors are mandated to be licensed with the City of Pueblo Sales Tax Office. Please refer any questions on City Sales or Use Taxes to the City of Pueblo, Department of Finance. Their telephone number is (719) 553-2659. Please note, there are NO tax-exempt projects within the City of Pueblo. STATE OF COLORADO SALES OR USE TAX – The exemption of building materials from State Sales or Use Tax in Colorado Revised Statutes applies only to the State of Colorado Sales or Use Taxes. Please refer any questions on State Taxes to the State of Colorado, Department of Revenue. PUEBLO COUNTY SALES OR USE TAX – The State of Colorado collects all sales or use tax for the County of Pueblo; therefore, any exemption allowed by the State applies to the County. Please confirm you acknowledge the above statements: Please confirm *Response required 49 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 6.5. Has/is this firm or any officer or partner of this firm: 6.5.1. Convicted of a criminal offense* Been convicted of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract? Yes No *Response required 6.5.2. Convicted under state or federal statutes* Been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or honesty which directly affects responsibility as a City contractor? Yes No *Response required 6.5.3. Convicted under state or federal antitrust statutes* Been convicted under state or federal antitrust statutes arising out of the submission of bids or proposals? Yes No *Response required 6.5.4. Failed to perform* Failed to perform or unsatisfactorily performed in accordance with the terms of one (1) or more contracts with public or private entities within the previous five (5) years? Yes No *Response required 6.5.5. Suspension or Debarment* Currently under suspension or debarment by the City or any other governmental entity which is based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity? Yes No *Response required 6.5.6. Unqualified* Unqualified or financially unable to timely perform the work? 50 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street Yes No *Response required 6.5.7. Unlicensed * Unlicensed or unable to be duly licensed to perform the work on the date of the contract award? Yes No *Response required 6.5.8.Delinquent* Delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists? Yes No *Response required 6.5.9. Confirmation * By acknowledging and confirming below Bidder affirms that all answers to the above questions are true and binding. If the City finds verifiable information from another source that conflicts with the responses provided, Bidder’s submittal will be rejected. Please confirm your acknowledgment of the above statement and questions/sub-questions: Please confirm *Response required 51 Public Improvement Invitation for Bid #24-102 (HUAN01) Title: Concrete Improvements - 200 Block West 3rd Street 7. PRICING TABLE BASE BID Line ItemDescription Quantity Unit of Unit Cost Total Measure 1REMOVE CURB & GUTTER 104 LF 2REMOVE ASPHALT ROADWAY PATCH 208 SF 3REMOVE CONCRETE539 SF 4CONSTRUCT CURB AND GUTTER42LF 5CONSTRUCT CURB HEAD65LF 6CONSTRUCT 6" CONCRETE 290 SF 7CONSTRUCT 4" CONCRETE 249 SF 8CONSTRUCT ASPHALT ROADWAY 208 SF PATCH 9INSTALL 2" PVC CLEANOUT1 EA 10 INSTALL 2" PVC PIPE (SCH 40) 88LF 11 RELOCATE HANDICAP SIGNS3 EA 12 INSTALL CLASS 6" BASE MATERIAL 1 TON (PLACE AND COMPACT) 13 TRAFFIC CONTROL 1 LS 14 MOBILIZATION 1 LS 15 EROSION AND SEDIMENT CONTROL 1 LS TOTAL 52 NOTICE OF AWARD (Sample) City of Pueblo, Colorado ______________________ (Date) To: _______________________________ _______________________________ _______________________________ Ref: Bid No.: Bid Name: The City of Pueblo hereby accepts your bid submitted on __________________ for the construction of referenced project. It appears that your bid in the amount of $_________________for ________________________, is fair, equitable, and in the best interest of the City. In accordance with the terms of the Contract Documents, you are required to execute the formal Contract Agreement and furnish the required Payment and Performance bonds, within ten (10) business days from and including the date of this notice. The Bid Guaranty submitted with your bid will be returned upon execution of the Contract Agreement and the furnishing of the Payment and Performance Bonds. In the event you should fail to execute the Contract Agreement and furnish the Payment and Performance Bonds within the time specified, said Bid Guaranty will be retained by said City as liquidated damages and not as penalty, for the delay and extra work caused thereby. Director of Purchasing City of Pueblo CONTRACT AGREEMENT (Sample) THIS AGREEMENT made and entered into this ____ day of ___________________, 20___, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to in the Contract Documents as the “City”, and ___________________, hereinafter referred to in the Contract Documents as “Contractor”. WITNESSETH, in consideration of the sum to be paid by the City to the Contractor at the time and in the manner hereinafter provided, the said Contractor has agreed, and does hereby agree, to furnish all labor, tools, equipment, and material and to pay for all such items, and to construct complete in every detail, To-Wit: Bid No.: Bid Name: At the prices bid, in accordance with the drawings and specifications, and all Contract Documents for this project which are on file and available for inspection in the office of the Director of Public Works of Pueblo, all to the satisfaction of the Director of Public Works for the City of Pueblo. AND FOR SAID CONSIDERATION, IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT AS FOLLOWS: 1. Construction and installation of the above enumerated work for the City shall be completed and ready for use in accordance with the time of completion described in the Contract Documents. This time shall be extended only for those periods set forth in the Contract Documents and in accordance with the requirements same. 2. The work and material for the project covered by the Contract Documents shall be completely installed and delivered to the City within the time above stated, clear and free from any and all liens, claims and demands of any kind. 3. The full compensation to be paid to the Contractor by the City, pursuant to the terms of this Contract, shall be payable as provided in the Contract Documents. 4. This Contract consists of the following components, parts, and documents, all of which taken together constitute and are referred to as the Contract Documents, and the same are incorporated as part of the Contract as if set out herein verbatim, whether the same have been attached hereto or not: Notice of Award Contract Agreement (This Instrument) Performance Bond Payment Bond Notice to Proceed Section I. Advertisement for Bids Section II. Introduction Section III. Special Provisions Section IV. Labor Provisions Section V. General Provisions Section VI. Project Details Section VII. Vendor Submissions Section VIII. Pricing Table Appendices A-C (Contract Agreement) The Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, adopted April 11, 2022, are hereby included by reference and all provisions thereof shall be applicable. 5. Title XII, Chapter 2, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 3476, and amended by Ordinance No. 4476 and 5229, shall be considered a part of this Contract. 6. Title I, Chapter 8, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 4479, shall be considered a part of the Contract. 7. All of the covenants and agreements set forth in the Contract Documents shall inure to the benefit of and be binding upon City and Contractor and their respective heirs, legal successors and assigns and shall be governed by the laws of the State of Colorado. 8. This Contract may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format, or by copy transmitted via email, or by other electronic means and in one or more counterparts, each of which shall be: (i) an original, and all of which taken together shall constitute one and the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law, and (iii) enforceable in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as the day and year first above written. CONTRACTOR By ________________________________ Title _______________________________ PUEBLO, A MUNICIPAL CORPORATION By ________________________________ Director of Purchasing ATTEST: ___________________________________ City Clerk BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: _______________________________________ Director of Finance APPROVED AS TO FORM: ______________________________________ City Attorney PERFORMANCE BOND (Sample) Bond Number ___________ KNOW ALL MEN BY THESE PRESENTS: That we ________________________ a ________________________ hereinafter called “Principal” and _____________________________________________________________________________________ Surety of _________________________, State of _________________________, hereinafter called the “Surety”, are held and firmly bound unto the City of Pueblo, a Municipal Corporation, hereinafter called “City”, 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, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City dated the _____ day of ___________________, 20___, a copy of which is hereto attached and made a part hereof for the construction of: Bid No.: Bid Name: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof (including all warranty periods), and any extensions thereof which may be granted by the City, with or without notice to the Surety, and if they shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, 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 Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way effect 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 Contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (Signature Page Follows) (Performance Bond) IN WITNESS WHEREOF, this instrument is executed this the ____ day of __________, 20___. ______________________________________ Principal ATTEST: By ___________________________________ By ________________________________ Principal Secretary Title _______________________________ (SEAL) ___________________________________ (Address) By __________________________________ (Witness as to Principal) _____________________________________ (Address) ___________________________________ Surety ATTEST: By _________________________________ By ________________________________ (Surety) Attorney-In-Fact Attorney-In-Fact (SEAL) ___________________________________ (Address) By ________________________________ (Witness as to Surety) ___________________________________ (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute the bond. PAYMENT BOND (Sample) Bond Number ___________ KNOW ALL MEN BY THESE PRESENTS: That we __________________________ a _______________________hereinafter called “Principal” and _____________________________________________________________________________________ Surety of _________________________, State of _________________________, hereinafter called the “Surety”, are held and firmly bound unto the City of Pueblo, a Municipal Corporation, hereinafter called “City”, 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, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City dated the _____ day of ___________________, 20___, a copy of which is hereto attached and made a part hereof for the construction of: Bid No.: Bid Name: NOW, THEREFORE, if the Principal shall promptly 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 contract, and any authorized extension or modification thereof, including all amounts due for materials, supplies, lubricants, oil, gasoline, rental machinery, repairs on machinery, equipment and tools, consumed 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 subcontractors 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 Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way effect 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 Contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (Signature Page Follows) (Payment Bond) IN WITNESS WHEREOF, this instrument is executed this the ____ day of __________, 20___. ______________________________________ Principal ATTEST: By ___________________________________ By ________________________________ Principal Secretary Title _______________________________ (SEAL) ___________________________________ (Address) By __________________________________ (Witness as to Principal) _____________________________________ (Address) ___________________________________ Surety ATTEST: By _________________________________ By ________________________________ (Surety) Attorney-In-Fact Attorney-In-Fact (SEAL) ___________________________________ (Address) By ________________________________ (Witness as to Surety) ___________________________________ (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute the bond. NOTICE TO PROCEED (Sample) City of Pueblo, Colorado ______________________ (Date) To: _______________________________ _______________________________ _______________________________ Ref: Bid No.: Bid Name: You are hereby authorized to proceed on ______________________, 20___, or within three (3) consecutive calendar days with construction of above referenced project as set forth in the Contract Documents. The Bid Bond submitted with your Bid may now be cancelled by your Surety. Director of Public Works City of Pueblo Appendix B Pueblo Regional Building Department 830 N Main St. Suite 100 Pueblo, CO 81003 719-543-0002 fax 719-543-0062 www.prbd.com To Whom It May Concern: The law requires that licensed contractors perform all construction work. It is a violation of the law to perform construction without a license and it is equally a violation to hire someone to perform construction unless the party hired is a licensed contractor or is on the payroll of the company hiring as an employee. Basic license categories are General Contractor A, B, and C; Electrical Contractor, Plumbing Contractor, and HVAC Contractor A and C. In addition, there are Contractor D single trade licenses, which are the type used by the majority of sub-contractors. Those trades requiring licenses include, but are not limited to: Awning Installation Concrete Demolition Drywall Elevators Excavation Framing House Moving Masonry Ornamental Iron Asphalt Paving Roofing Utility Cont. Fire Main Plumbing Lawn Sprinkler Systems Utility Cont. Sewer Utility Cont. Water Siding Sign Erection Stucco Structural Steel U Occupancy (garages, sheds, etc.) Mechanical A Unlimited Mechanical C Limited (any 2 of 3) Mechanical Gas Work Mechanical C Refrigeration Mechanical C Sheet Metal Journeyman Gas Fitter Journeyman Refrigeration Journeyman Sheet Metal Plumbing Swimming Pool Utility Cont. Sewer & Water Plumbing Water Connected appliances If you have any questions, feel free to contact our office 719-543-0002. Page 1 of 6 Appendix B FINANCEDEPARTMENTSALES TAXDIVISION P.O.BOX1427(719)553-2659 PUEBLO,CO81002FAX (719)553-2657 TO ALL BIDDERS: We would like to take this opportunity to welcome you to the City of Pueblo. The City of Pueblo does not issue tax-exempt certificates and deems that all construction type of jobs within the city limits are subject to Sales and Use Tax at the rate of 3.7%. As of March 2015, the City mandates pre-paid Use Tax on projects over $1M. The tax is based on 40% of total project cost. Each and every General and/or Sub-Contractor will need to obtain licensing with the City of Pueblo. An application is available from our office or on the website listed below. Typically contractors are licensed with a Use Tax License. If the applicant is a supplier with a storefront selling material to the contractors then a Sales Tax License will be issued. In either case, the filing frequency will be determined once the application is processed. Upon completion, a license along with the returns will be mailed to the applicant. PLEASE NOTE: if the filing period does not have a tax liability a zero return must befiled. The Tax Guide entitled “Construction Contractors” and FAQ’shas also been attached for assistance in explaining what would be subject to tax and provides scenarios that can be helpful to the construction industry. The website for our office can be found at www.pueblo.us, hover over “Your Government,” then click on “Sales Tax” under “Economic/Community Development.” There you will find the Tax Guides, City of Pueblo Ordinances in their entirety, blank forms such as a return or an application. If further assistance is needed, please phone our office at (719) 553-2659, as our staff would be happy to assist. Page 2 of 6 Appendix B City of Pueblo, Colorado TAX GUIDE CONSTRUCTION CONTRACTORS DEFINITION: The term “construction contractor” applies to general contractors and subcontractors and includes all building constructors, highway and road constructors, electrical, plumbing, and heating constructors, excavators, and others engaged in the construction, reconstruction, expansion, alteration, repair, or wrecking of any physical structure that is part of real estate. Business enterprises providing completed units of personal property to be affixed to, installed in or used in conjunction with a structure will not be regarded as performing work by a contractor if the personal property can be removed: 1. Without substantial damage to the structure, and 2. Without altering the functional use of the structure. Business enterprises, as described above, are considered vendors who make retail sales and must charge City of Pueblo Sales Tax on these items if licensed to do so. If the vendor is not licensed to collect City of Pueblo Sales Tax or for any reason fails to do so, then the contractor must pay the tax due as Use Tax. These types of items include, but are not limited to, appliances, storm doors and windows, patio covers, carpeting, pre-fabricated swimming pools, lockers, athletic equipment, toilet partitions, movable partitions, nursery stock, sod or other similar items used in connection with a structure. STATE EXEMPT PROJECTS: The State of Colorado provides an exemption for purchases by contractors of construction and building materials that become permanently affixed to the real property when the owner of the real property is a non- profit school or a governmental, charitable, or religious entity. Pueblo has no such exemption. The contractor may not avoid the payment of the Pueblo Sales or Use Tax by use of provisions in the construction agreement or by use of the name of a tax exempt entity on an invoice or purchase order as the purchaser because the contractor is deemed to be the consumer of the materials used in construction. No exemption certificate issued by the Colorado Department of Revenue, nor any other taxing authority, will be recognized as a basis for exemption from the Sales of Use Tax levied by the City of Pueblo on construction materials. CONSTRUCTION MATERIALS: All building materials purchased, used or consumed in the City of Pueblo are subject to sales or use tax, unless the materials are purchased for resale or by seller holding a valid City of Pueblo Sales Tax License. The general contractor on a project is responsible for the City of Pueblo tax on all material used or consumed on their project, including that used by the subcontractors the general contractor employs on the job. If the subcontractor is properly licensed with the City of Pueblo Finance Department, the subcontractor will be liable for their own taxes. But the general contractor is responsible for the taxes owed by any unlicensed subcontractor they hire. Caution: City of Pueblo Sales Tax paid to a vendor who is not licensed to collect Pueblo Sales Tax does not relieve the contractor of this tax liability until said tax is remitted to the City of Pueblo. Page 3 of 6 Appendix B SALES TAX: 1. Materials delivered by a Pueblo vendor to a construction contractor at a job site or other location in Pueblo are subject to city sales tax. 2. Materials picked up inside the City of Pueblo are subject to city sales tax regardless of whether the materials are used inside or outside the city. 3. Materials delivered by a Pueblo vendor to a location outside the City of Pueblo, for use outside the city, are exempt from city sales tax. 4. There is no exemption in the sales tax ordinance for the temporary storage of construction materials in Pueblo. USE TAX: City of Pueblo use tax is due on all materials used, consumed or stored in the city on which City of Pueblo sales tax was not paid. Examples might include the following: 1. For materials purchased outside of Pueblo to be used or stored in Pueblo on which sales tax was legally paid to another municipal corporation, use tax would be due only to the extent that the Pueblo tax exceeds the amount of sales tax paid to the other municipality. Sales tax is legally paid to another municipal corporation only if delivery of the material takes place in that municipality. 2. For material purchased outside Pueblo and delivered into Pueblo either by the vendor or common carrier, the full 3.7% City of Pueblo use tax is due. 3. If for any reason a licensed vendor fails to charge City of Pueblo sales tax, the contractor as the ultimate user must pay the full use tax. CONSTRUCTION TOOLS & EQUIPMENT: NEW PURCHASES: All purchases of tools, supplies and equipment from a Pueblo licensed vendor that are delivered inside the City of Pueblo are subject to city sales tax. If no Pueblo sales tax was paid, the City Code imposes a use tax on the purchase of tools, supplies and equipment used or received in Pueblo. However, if sales tax was legally paid on a purchase to another Colorado municipality, Pueblo allows a credit for the rate of tax legally paid to another municipality up to the rate of Pueblo’s use tax. USED EQUIPMENT: Machinery and equipment, which has been used prior to being brought into the City of Pueblo, is subject to city use tax on the actual purchase price of the equipment and is due at the time the equipment is first brought into the city. Credit is allowed for the rate of legally imposed sales and use tax previously paid to another municipality up to the rate of city use tax. CONSTRUCTION EQUIPMENT: Pueblo sales and use tax applies to the purchase or use of construction equipment (cranes, grades, backhoes, bulldozers, welders, etc) in the city. Any equipment owned by a local construction company is subject to city tax when the equipment is purchased or first brought into the City of Pueblo. Construction companies located outside the city are subject city tax when equipment is brought into Pueblo. EXCEPTION: The City of Pueblo provides a prorated use tax on construction equipment brought into the city for a period of thirty (30) consecutive days or less if the taxpayer has complied with the provisions of C.R.S. Section 29-2-109. Page 4 of 6 Appendix B MOTOR VEHICLE EXEMPTION: Automotive vehicles (vehicles whose primary purpose is transportation upon public streets) registered and required by law to be registered outside of Pueblo are exempt. Specifically, construction contractors’ pickup trucks and over-the-highway dump trucks, which are based and maintained at a location outside of Pueblo, would not be subject to Pueblo’s sales or use tax. RETAILER-CONTRACTOR: Some contractors as defined above, also may be retail merchants of building supplies or construction materials, which were purchased tax free for resale. In the performance of their own construction contracts they might remove from their own stock whatever is needed for their contract operations. Such use of tax free merchandise is subject to tax in one of the following ways: 1. On time and material type contracts for all now tax exempt entities, sales tax must be charged and remitted on the total retail price charged to the customer. 2. On lump sum contracts and all jobs for tax exempt entities, use tax must be paid based on the acquisition cost of the merchandise. Retailer contractors must have a City of Pueblo sales tax license. No sales tax license will be issued to regular contractors. They are not retailers of tangible personal property and are deemed to be users or consumers of all articles they use. MANUFACTURER CONTRACTORS: Manufacturing is defined as “the performance as a business of an integrated series of operations which places personal property in a form, composition or character different from that in which it was acquired whether for sale or use by the manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character and use.” Organizations engaged in the manufacturing of tangible personal property who also perform construction contracts (i.e., permanently affix personal property to real property) are subject to Pueblo tax on the gross value of all materials, labor and services used and employed in the manufacture of the product. FABRICATORS: Shop tasks performed on construction materials, such as cutting, welding, drilling and painting structural steel or cutting, bending and attaching sheet metal pieces into “duct work,” are not regarded as “manufacturing”. Thus, in such cases, fabrication labor is not part of the tax base for a contractor/fabricator. Fabricated labor is part of the tax base when transfer of title to the fabricated item takes place after performance of the fabrication by the retailer/fabricator. RELATED TAX GUIDES: Liens, Distraints & Enforcement Manufacturers Rental & Service Charges Combined Special Mobil Machines & Equipment Use Tax THE ABOVE INFORMATION IS A SUMMARY IN LAYMAN'S TERMS OF THE RELEVANT PUEBLO TAX LAW FOR THIS INDUSTRY OR BUSINESS SEGMENT. IT IS NOT INTENDED FOR LEGAL PURPOSES TO BE SUBSTITUTED FOR THE FULL TEXT OF THE PUEBLO MUNICIPAL CODE AND APPLICABLE RULES AND REGULATIONS. 01/18 Page 5 of 6 Appendix B FINANCEDEPARTMENTSALES TAX DIVISION P.O. BOX 1427 (719) 553-2659 PUEBLO, CO 81002 FAX (719) 553-2657 FREQUENTLY ASKED QUESTIONS (FAQ) Below are FAQ’s about City of Pueblo licensing and tax collection. www.pueblo.us If you would like to see the ordinances in their entirety or peruse our website, please visit (click on “Your Government”, then “Sales Tax” under “Economic/Community Development.”) Once there, Tax and Licensing Ordinances Title 9 – Licenses & Permits, Title 14 – Taxes & Finance. The Tax Guide is also available at the Sales Tax main screen. FAQ’s: Who has to be licensed with the City of Pueblo Sales Tax Division? All businesses associated with the project must be licensed to include contractors, suppliers delivering to the job site, equipment rentals, tool sales onsite to name a few. Please contact our office if you have a question whether or not licensing should be acquired. A completed application along with the $50 annual licensing fee must be submitted to the Sales Tax Division. The license application can be downloaded from our website referenced above. Can Contractors be liable for hiring unlicensed sub-contractors when working in the City of Pueblo? Yes, prior to hiring a sub-contractor ensure they are licensed with the Sales Tax Division by requiring a copy of their current license. If not, the hiring contractor could be liable for taxation on the contractual agreement. I am a Labor Only Contractor do I need to be licensed? Yes, all businesses to include labor only must be licensed. If I believe there are no taxes owed, do I still need to file a return? Yes, a Zero return must be filed. If you do not file a return and no taxes are owed, a $15 late filing fee will be enforced. If food is purchased for on the job consumption is it taxable? Yes, food purchased from grocery stores is only exempt for home consumption. In any other situation the food is deemed taxable. Any prepared food is also subject to taxation. Do I need to notify your office if my business closed? Yes, we need WRITTEN notification that your business has closed. Page 6 of 6 ADDITIONAL INFORMATION Affirmative Action Plan Insurance Certificate(s) Certificate of Good Standing Regional Building License Information System for Award Management (SAM) Information OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I,,as the Secretary of State of the State of Colorado, hereby certify that, accordingto the records of thisoffice, EPVH!WBVHIO-!MMD is a Mjnjufe!Mjbcjmjuz!Dpnqboz 2301502::8 formed or registered on under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity 2::822:546: identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 2101:03135 that have been posted, and by documents delivered to this office electronically through @. 210220313519;16;12 I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this 210220313519;16;12 official certificate at Denver, Colorado on @ in accordance with applicable law. 2757555: This certificate is assigned ConfirmationNumber . *********************************************End of Certificate******************************************* Mbtu!vqebufe!cz!Epvh!Wbvhio!po!Bvh!32-!3135!bu!16;13!QNEPVH!WBVHIO-!MMD EPVH!WBVHIO-!MMD Vojrvf!Foujuz!JEDBHF!0!ODBHFQvsqptf!pg!Sfhjtusbujpo HBNIM76E4L2883RN3Bmm!Bxbset Sfhjtusbujpo!TubuvtFyqjsbujpo!Ebuf Bdujwf!SfhjtusbujpoBvh!32-!3136 Qiztjdbm!BeesfttNbjmjoh!Beesftt 576!Njeojhiu!BWF!576!Njeojhiu!BWF! 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