Active SLED Opportunity · COLORADO · CITY OF PUEBLO

    Remodel - Wastewater Treatment Plant Pretreatment Building

    Issued by City of Pueblo
    cityIFBCity of PuebloSol. 247496
    Open · 20d remaining
    DAYS TO CLOSE
    20
    due May 13, 2026
    PUBLISHED
    Apr 21, 2026
    Posting date
    JURISDICTION
    City of
    city
    NAICS CODE
    237310
    AI-classified industry

    AI Summary

    City of Pueblo seeks bids for renovation of the Wastewater Headworks Building including demolition, new construction, system replacements, and envelope upgrades. Project requires compliance with federal and state regulations, 30% self-performance, and completion within 90 days.

    Opportunity details

    Solicitation No.
    247496
    Type / RFx
    IFB
    Status
    open
    Level
    city
    Published Date
    April 21, 2026
    Due Date
    May 13, 2026
    NAICS Code
    237310AI guide
    Jurisdiction
    City of Pueblo
    Agency
    City of Pueblo

    Description

    In general, this project will consist of renovation of the existing split-level, approximately 4,300 square foot Wastewater Headworks Building at 1300 Queens Avenue, Pueblo, Colorado as detailed in the plans and specifications for this project. The project includes phased demolition, construction of new staff and mechanical spaces, replacement of building systems, and envelope upgrades while maintaining plant operations.

    Background

    The approximately 4,300 square foot building located at 1300 South Queens Avenue was built in 1938 as the Pueblo Wastewater Reclamation Facility. The building is a one-story, split level plus basement, and was used to treat wastewater generated by residential, commercial, and industrial users throughout the City of Pueblo, as well as flows from surrounding sanitation districts and hauled septic waste. Treatment processes included preliminary, primary, and secondary (biological) treatment with nutrient removal, followed by disinfection prior to discharge.

    Project Details

    • Reference ID: 26-026 (WW2305)
    • Department: Public Works
    • Department Head: Andrew Hayes (Director)

    Important Dates

    • Questions Due: 2026-05-05T22:00:00.000Z
    • Pre-Proposal Meeting: 2026-04-28T16:30:00.000Z — Wastewater Department Administration Building 1300 S. Queens Ave. Pueblo, CO 81001 Site tour will follow immediately after meeting.

    Evaluation Criteria

    • Special Funding Contract Requirements

      For use with FEMA, ARPA, SLFRF, and/or other state and federal grant funds and cooperative agreements.

      This bid attachment shall be added to all City bid projects with the potential utilization of federal or state fund projects (including projects utilizing FEMA, ARPA, SLFRF, or grant funds). The following clauses mirror the Federal Required Contract Provisions available at www.fema.gov/procurement-disaster-assistance-team.

      1. Definitions
        1. Agreement: For the purposes of this bid and/or project, agreement shall indicate a contract between City and Contractor.
        2. Contractor: Awarded bidder, consultant, and/or engineer contracted or under agreement with the City for a specified duration or for specific project work.
        3. Contract:: Any form of agreement, award, written contract, issued purchase order, purchase agreement, etc. as issued by the City as a result of a formal or informal bid, cooperative agreement, or other award as determined appropriate by the Purchasing Director and/or City Mayor and/or City Council.
      2. Notice
        1. The project(s) and contracts utilizing funds from a federally established fund, disaster relief program, state program, or other grant fund are subject to the sections contained herein and signature of the bid by the Contractor shall constitute Contractor’s agreement to all terms within this bid, agreement, and/or contract.
        2. Failure to adhere to all federal, FEMA, state, grant, and City project requirements may mean suspension or department by the City of Pueblo, the federal government, and other FEMA awarded projects (as per 2 CFR, Part 180, Implementing Executive Orders 12549 and 12689).
          It is the Contractor’s responsibility to adhere to any federal fund project requirements that may be revised, added, stipulated by the situation or federal fund advisor, etc. Additionally, Contractor must adhere to the terms of the grant award as applicable for each project, including all federal laws, executive orders, federal regulations, state oversight regulations, etc. Failure to adhere to these and all other project requirements may mean suspension or department (see section below).
        3. As indicated in each Section, some clauses determined nonapplicable for this project may be removed.
    • 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.

    • BIDDING AND CONTRACT EXECUTION: DEFINITIONS

      The following terms, as used in these Contract Documents, are respectively defined as follows:

      1. City: City of Pueblo, Colorado
      2. Closing Time: The scheduled closing time for the receipt of bids and the opening thereof.
      3. 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.
      4. Engineer: Unless otherwise stated in the Special Provisions, Engineer shall mean the Director of Public Works of Pueblo, Colorado, or their authorized agents.
      5. 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.
      6. 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.
      7. Project: The entire improvement proposed by the City to be constructed in whole or in part pursuant to the Contract Documents.
      8. 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.
      9. Surety: The person, firm, or corporation that has executed, as surety, the Contractor’s Performance and Payment Bonds.
    • 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.

      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.

      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 OpenGov Procurement. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

      Bidders must follow the submittal procedures outlined in the bid 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.

    • PROJECT FUNDING

      This project is to be financed in whole by a grant from the U.S. Department of Housing and Urban Development.

    • BIDDING AND CONTRACT EXECUTION: SITE EXAMINATION
      1. 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.
      2. 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.
      3. 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.
    • Applicability

      Applicable to all projects.

      All contract clauses included in this Appendix shall be applicable to City of Pueblo (City) bids (whether informal or formal), projects, contracts, agreements, etc. that are funded in whole or in part with FTA funds. Additionally, all Contractors for City shall include this Appendix as an attachment to all subcontracts for subcontractors and subconsultants to be hired by the Contractor for the bid, project, contract, and/or agreement.

    • 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:

      1. 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)
      2. 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)
      3. 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 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.
      4. 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.
      5. 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.
    • Remedies

      Applicable to all contracts/agreements in excess of $250,000; 2 CFR, Part 200, Appendix II(A)

      1. All remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The exercise of any remedy shall not preclude or in any way be deemed to waive any other remedy.
      2. The City may withhold any amount that may be due Contractor as the City deems necessary to protect the City against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the City in procuring from third parties replacement products and services necessary to complete the project.
      3. City may deny payment for products not received and services not performed, or that due to Contractor’s actions/inactions cannot be delivered/performed, or if they were delivered/performed and are reasonably of no value to the City, provided that any denial of payment shall be equal to the value of the City’s obligations for products/services not delivered/performed.
    • Termination for Cause and Convenience

      Applicable to all contracts/agreements in excess of $10,000; 2 CFR, Part 200, Appendix II(B)

      1. Termination for Cause. Contractor’s failure to perform or observe any covenant, condition, provision, or term of the contract shall constitute Contractor’s default. In the event of Contractor’s default, the City shall have the right to exercise its legal and equitable remedies as listed above and may immediately terminate the agreement upon written notice to Contractor.
      2. Termination for Convenience. City shall have the option, in its sole discretion, to terminate the contract at any time during the term for convenience and without cause. City shall exercise this option by giving Contractor written notice of termination including date on which termination shall become effective.
      3. Within 30 days after specified termination, Contractor shall submit to City a final invoice for actual property shipped, received, and accepted and/or services (partial or in full) accepted as complete by the City’s authorized representative. All invoices shall be pro-rated for exact amount of product received or work submitted. City shall not pay any additional costs for loss of work or contract, administrative or work costs after termination date, costs to subcontractors or subconsultants for loss of work, or any other conditions. The City’s payment obligation under this Section shall survive termination of the contract.
    • BIDDING AND CONTRACT EXECUTION: SPECIFICATION REQUIREMENTS
      1. 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.
      2. 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.
    • HUD SECTION 3 COVERED CONTRACT REQUIREMENTS:

      A Section 3 Covered Project as defined in 24 C.F.R. Part 75.3(a)(2), utilizing Community Development Block Grant assistance or other HUD funding to complete, where the total amount of assistance exceeds $200,000 constitutes a Section 3 Covered Contract. The provisions of this Section shall apply to all covered contracts as provided in 24 C.F.R. Part 75. As used herein, the term "contractor" shall mean the party entering into this agreement with the City of Pueblo, and the term "contract" shall mean this agreement, regardless of any other term or phrase by which it may be called.

      1. The work performed under a Section 3 covered contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
      2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.
      3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of each person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
      4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.
      5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.
    • Standards of Conduct

      Only applicable to construction projects.

      1. No Pueblo Transit or City employee, officer, agent, board member, or immediate family member, partner, or organization that employs or is about to employ any of the parties listed above may participate in the selection, award, or administration of a contract supported with FTA assistance if a conflict of interest, real or apparent, is involved. Such a conflict would arise when any of those individuals listed has a financial or other interest in the firm selected for award.
        1. Neither Pueblo Transit nor the City’s officers, employees, agents, or board members may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Disciplinary actions may be applied for violations of such standards by officers, employees, agents, or board members of Pueblo Transit or the City.
      2. An organizational conflict of interest occurs where a Contractor is unable, or potentially unable, to render impartial assistance or advice to the City or Pueblo Transit due to activities, relationships, contracts, or circumstances which may impair the Contractor’s objectivity; or a Contractor has an unfair competitive advantage. The City and Pueblo Transit shall avoid organizational conflicts of interest causing bias and an unfair competitive advantage.
    • PROJECT FUNDING

      This project is to be financed in whole or part by the Federal Transit Administration (FTA). Bidders must comply with all applicable FTA standards, orders, and regulations and the Agreement shall be subject all FTA Contract Clauses and same shall have precedence over and will govern in the event of a conflict with other sections contained in this document including the Special Provisions.

      FTA Contract Clauses are attached as Appendix C.

    • COMPLIANCE REVIEW
      1. 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.
      2. 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.
      3. 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.
    • BIDDING AND CONTRACT EXECUTION: SUSPENSION AND DEBARMENT
      1. 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 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.
    • Equal Employment Opportunity

      This section is required for all federal grant and cooperative agreement programs; 2 CFR, Part 200, Appendix II(C)

      During the performance of this contract, the Contractor agrees as follows:

      1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
        1. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
      2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
      3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
      4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
      5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
      6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
      7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
      8. The Contractor will include the portion of the sentence immediately preceding paragraph A and the provisions of paragraphs A through H in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
        1. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
    • PROJECT FUNDING

      This project is to be financed in whole by American Rescue Plan Act funds. Bidders must comply with all applicable federal standards, orders, and regulations and the contract shall be subject to all Federal Contract Clauses and same shall have precedence over and will govern in the event of a conflict with other sections contained in this document including the Special Provisions.

      Federal Contract Clauses are attached as Appendix A.

    • Value Engineering

      Only applicable to construction projects.

      Value Engineering is defined as the systematic multi-disciplined approach designed to optimize the value of each dollar spent. Pursuant to the Uniform Guidance (2 C.F.R. 200.318(g)), Pueblo Transit encourages the use of value engineering with regards to construction projects that offer reasonable opportunities for cost reductions. Contractor may submit a proposal of value engineering regarding a creative analysis of each contract item or task to promote an overall lower cost.

    • Davis Bacon Act

      Only applicable for construction contracts in excess of $2,000; include most current Davis Bacon Wages supplement; 2 CFR, Part 200, Appendix II(D)

      1. A copy of the current prevailing wage determination issued by the Department of Labor has been attached as and appendix to this bid document.
      2. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
      3. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
      4. Additionally, Contractors shall pay wages not less than once a week.
    • BIDDING AND CONTRACT EXECUTION: STATEMENT OF BIDDER’S PLANT AND FINANCIAL CONDITION
      1. 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.
      2. 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.
      3. 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.
      4. 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.
    • PROJECT FUNDING

      This project is to be financed in whole or in part by a grant from the Colorado Department of Transportation.

    • 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)

    • Accessibility

      Only applicable to construction projects.


      Facilities to be used in public transportation service must comply with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37; and Joint Access Board/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38. Notably, DOT incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access Board’s “Americans with Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities. DOT also added specific provisions to Appendix A of 49 C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the ADAAG and the DOT amendments.

    • 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.

    • Access to Records and Reports

      Applicable to all projects.

      1. Record Retention. The Contractor will retain complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other subconsultant agreements of any type, and supporting materials related to those records.
      2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
      3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.
      4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.
    • Copeland Anti-kickback Act

      Only applicable for construction contracts in excess of $2,000; 29 CFR, Part 3

      1. Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
      2. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
      3. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12.
    • PERFORMANCE OF WORK

      Contractor must be capable of, and shall be required to, self-perform at least thirty percent (30%) of the actual labor or trade work (not supervision) required to complete the project. By submitting a bid, Contractor certifies that Contractor’s own employees shall be utilized to meet the self-performance requirement. Supervision of subcontractors is not considered self-performance. Failure to meet this requirement may result in the bid being deemed non-responsive. Documented confirmation that Contractor is meeting this requirement during the performance of the work will be required.

    • 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.

    • Compliance with Contract Work Hours and Safety Standards Act

      Applicable for projects in excess of $100,000 that involve employment of mechanics or laborers; 2 CFR, Part 200, Appendix II(E)

      1. Overtime requirements. Contractor will comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week.
      2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 6.1 of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph A of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph A.
      3. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph B of this section.
      4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.
    • 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.

    • Buy American

      Only for projects exceeding $150,000 of iron, steel, manufactured goods, or rolling stock.


      Contractor shall complete Buy American Certification form.

    • U.S. DEPARTMENT OF LABOR DAVIS-BACON MINIMUM WAGES, COLORADO

      Davis-Bacon Minimum Wages General Decision Number n/a is included in Attachment C.

    • STANDARD CONSTRUCTION SPECIFICATIONS AND STANDARD DETAILS

      The 2026 Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, adopted January 12, 2026, and as most recently amended and the Board of Water Works Standard Specifications for the Installation of Developer/Customer Financed Water Main Extension 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 2026 Standard Construction Specifications and Standard Details shall control with respect to any inconsistencies with the Plans. The 2026 Standard Construction Specifications and Standard Details are not included in this bid package but are available on the City of Pueblo’s website at 2026 Standard Construction Specifications and Standard Details. The Board of Water Works Standard Specifications for the Installation of Developer/Customer Financed Water Main Extension are included as Attachment F. By submitting a bid, the Contractor acknowledges possession of a copy of said documents.

      Specifically, the following will apply:

      • Division 31 Earthwork shall include Article 7 of the City of Pueblo Standard Construction Specifications and Standard Details.
      • Division 32 Exterior Improvements shall include Articles 4, 5, 6, 8, 9 and 10 of the City of Pueblo Standard Construction Specifications and Standard Details.
      • Division 33 Utilities shall include Articles 11 and 12 of the City of Pueblo Standard Construction Specifications and Standard Details and the Board of Water Works Standard Specifications for the Installation of Developer/Customer Financed Water Main Extension
    • Rights to Inventions Made Under a Contract/Agreement

      Applicable to contracts for performance of experimental, developmental, or research work; 2 CFR, Part 220, Appendix II(F)

      If the Contractor qualifies as a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the federal funding contract, the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements.”

    • 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.

    • FEDERAL LABOR STANDARDS PROVISIONS

      Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall comply with federal labor standards regulations as follows:

      1. Davis-Bacon Act
      2. Contract Work Hours and Safety Standards Act
      3. Copeland Act (Anti-Kickback Act)
      4. Fair Labor Standards Act

      The U. S. Department of Labor has published rules and regulations corresponding to the above regulations at Title 29 CFR Parts 1, 3, 5, 6 and 7.

    • Clean Air Act and Federal Water Pollution Control Act

      Only for projects exceeding $150,000.

      The Contractor agrees:

      1. It will not use any violating facilities;
      2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;”
      3. It will report violations of use of prohibited facilities to FTA; and
      4. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).
    • Clean Air Act and The Federal Water Pollution Control Act

      Contracts in excess of $150,000; 2 CFR, Part 200, Appendix II(G)

      1. Clean Air Act:
        1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
        2. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the federal, state, or other grant funding agency and the appropriate Environmental Protection Agency Regional Office.
        3. The Contractor agrees to include these requirements in each subcontract meeting or exceeding $150,000.
      2. Federal Water Pollution Control Act:
        1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
        2. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the federal, state, or other grant funding agency and the appropriate Environmental Protection Agency Regional Office.
        3. The Contractor agrees to include these requirements in each subcontract meeting or exceeding $150,000.
    • STANDARD CONSTRUCTION SPECIFICATIONS AND STANDARD DETAILS

      The 2025 Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, adopted November 11, 2024, and as most recently amended, and the Colorado Department of Transportation 2022 Standard Specifications for Road and Bridge Construction 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 2025 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/475/2025-Construction-Standards. The Colorado Department of Transportation 2022 Standard Specifications for Road and Bridge Construction are available at 2022 Construction Specifications — Colorado Department of Transportation (codot.gov). By submitting a bid, the Contractor acknowledges possession of a copy of said documents.

    • Civil Rights and Equal Opportunity

      Applicable to all projects.

      The Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract and subconsultant agreement entered into as part thereof.

      1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
      2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
      3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
      4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
    • CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-PRIMARY COVERED TRANSACTIONS: (Applicable to all Federal-aid contracts per 49 CFR 29).

      By signing and submitting a proposal, Contractor is providing the certification set out below.

      The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City or department’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

      The certification in this clause is a material representation of fact upon which reliance was placed when the City or department determined to enter into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City or the department may terminate this transaction for cause or default.

      The contractor shall provide immediate written notice to the City or department to which this proposal is submitted if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

      The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the City or department to which this proposal is submitted for assistance in obtaining a copy of those regulations.

      The contractor agrees by signing and submitting a proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City or department entering into this transaction.

      The contractor further agrees by signing and submitting a proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the City or department entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

      A contractor in a covered transaction may rely upon a certification of a subcontractor (prospective participant) in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A contractor may decide the method and frequency by which it determines the eligibility of its principals. Each contractor may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration.

      Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

      If a contractor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City or department may terminate this transaction for cause or default.

      The Contractor hereby certifies to the best of its knowledge and belief, that it and its principals:

      1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
      2. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property.
      3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in this certification; and
      4. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

      Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

    • BIDS: SUBMISSION AND CONSIDERATION OF BIDS
      1. All bids are to be made only on forms furnished by the City.  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.
      2. The City reserves the right to waive any or all informalities in bids.
      3. The City reserves the right to reject any or all bids, or any or all parts of bids
      4. A Colorado resident bidder shall be allowed a preference against a nonresident bidder to the extent authorized by, and subject to the limitations of the 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.

       

    • 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”.

    • Debarment and Suspension

      Required for all federal, state, grant, and cooperative agreement programs; 2 CFR, Part 200, Appendix II(H)

      1. This contract is a covered transaction for purposes of 2 CFR, Part 180 and 2 CFR, Part 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 CFR Section 180.995) or its affiliates (defined at 2 CFR Section 180.905) are excluded (defined at 2 CFR Section 180.940) or disqualified (defined at 2 CFR Section 180.935).
      2. The Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
      3. This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to City, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
      4. The bidder agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
    • Employee Protections

      A, B, and C are applicable as provided in each section.

      1. Prevailing Wage and Anti-Kickback. For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
      2. Contract Work Hours and Safety Standards. For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701- 3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.
        1. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.
        2. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.
        3. Also see Contract Work Hours and Safety Standards for Awards Not Involving Construction below.
      3. Contract Work Hours and Safety Standards for Awards Not Involving Construction. For all projects, the Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
        1. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
        2. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job.
    • CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION APPLICABLE TO ALL SUBCONTRACTS, PURCHASE ORDERS AND OTHER LOWER TIER TRANSASTIONS OF $25,000 OR MORE

      By signing and submitting a proposal, the prospective lower tier participant is providing the certification set out below:

      The certification in this clause is a material representation of fact upon which reliance was placed when the City or department determined to enter into this transaction. If it is later determined that the participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City or the department may pursue available remedies, including suspension and/or debarment.

      The participant shall provide immediate written notice to the City or department to which this proposal is submitted if at any time the participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

      The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the City or department to which this proposal is submitted for assistance in obtaining a copy of those regulations.

      The participant agrees by signing and submitting a proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City or department with which this transaction originated.

      The participant further agrees by signing and submitting a proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the City or department entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

      A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

      Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

      If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City or department with which this transaction originated may pursue available remedies, including suspension and/or debarment.

      The Participant certifies by signing and submitting a proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency;

      Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

    • BIDS: BID SECURITY
      1. 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.
      2. 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.

       

    • PAYMENT OF PREVAILING WAGES

      Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts:

      All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits or cash equivalents thereof due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor, hereinafter called "the wage determination", which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid.

      Regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

    • Byrd Anti-lobbying Amendment

      Award of $100,000 or more; 2 CFR, Part 200, Appendix II(I)


      Contractors must sign and submit to the City the Byrd Anti-lobbying Amendment Certification. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient.

    • Energy Conservation

      Applicable to all projects.

      The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

    • DEFINITION OF ENGINEER

      The term “Engineer” as used in Sections GENERAL PROVISIONS Authority of Engineer (a) and (b), of GENERAL PROVISIONS , shall mean Short Elliott Hendrickson, Inc. 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 PROVISIONS Authority 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.

    • BIDS: SIGNING OF BIDS
      1. 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.
      2. 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.
      3. Bids which are signed for a corporation should have the correct corporate name thereof and should be signed by the president or vice president.
      4. 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.
    • CONFORMANCE RATES

      The federal awarding agency shall require that any class of laborers or mechanics employed under the contract which is not listed in the wage determination shall be classified in conformance with the wage decision.

      An additional classification, wage rate and fringe benefits may be approved only when the following criteria have been met:

      1. The work to be performed by the additional classification is not performed by any other classification in the wage determination;
      2. The additional classification is utilized in the area by the construction industry;
      3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

      Contractor is responsible for requesting additional wage classifications and wage rate and fringe benefits not contained in the wage decision. Temporary approvals by the federal awarding agency may be issued pending review of the request by the Department of Labor. Any work performed during the Department of Labor Wage and Hour Administrator ("Department of Labor") review period will be paid at the base wage and fringe benefit amount conditionally approved by the awarding agency until a conformance rate is assigned by the Department of Labor. If the request is denied by the Department of Labor, contractor will immediately begin to pay the required wages and make wage restitutions to the affected employees. Contractor shall bear the risk that the request for additional classifications will be denied. Contractor shall be solely responsible for appealing any wage determinations to the Department of Labor. The City will not grant any changes to the Contract Agreement based upon mistakes or denied requests relating to prevailing wages.

    • 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.

    • Debarment, Suspension, Ineligibility and Voluntary Exclusion

      Only applicable to contracts in excess of $25,000.

      Contractor shall complete Debarment, Suspension, Ineligibility and Voluntary Exclusion Certification form.

    • 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, May 5, 2026 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.

    • Procurement of Recovered Materials

      Required for all federal grant and cooperative agreement programs; 2 CFR, Part 200, Appendix II(J)

      1. In the performance of this contract/agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items in accordance with 40 C.F.R. Part 247, unless the product cannot be acquired:
        1. Competitively within a timeframe providing for compliance with the contract performance schedule.
        2. Meeting contract performance requirements.
        3. At a reasonable price.
      2. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
      3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
    • Lobbying Restrictions

      Only applicable for contracts exceeding $100,000.


      Contractor shall complete Lobbying Restrictions Certification form.

    • 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.

    • PAYMENT OF FRINGE BENEFITS

      Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.

    • Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment

      Required for all federal grant and cooperative agreement programs used to purchase telecommunications and video surveillance services or equipment; 2 CFR, Part 200, Appendix II(K)


      The Contractor and all of its subcontractors acknowledge and will comply with the requirements of 2 C.F.R. § 200.216, including the prohibition on spending federal loan or grant funds to procure or obtain the prohibited equipment, services, or systems covered by the provision.

    • INCONSISTENCIES

      Any inquiries regarding seeming inconsistencies between the Plans and Specifications for this project must be made by Tuesday, May 5, 2026 at 4:00 pm (MT).

    • Domestic Preferences for Procurement

      Required for all federal grant and cooperative agreement programs; 2 CFR, Part 200, Appendix II(L)


      To the extent consistent with law and in accordance with 2 C.F.R. § 200.322, Contractor and all of its subcontractors will to the greatest extent practicable under the Contract, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all contracts and purchase orders that Contractor may enter into.

    • APPRENTICE PARTICIPATION

      Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program duly registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau.

      The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed.

      All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3 and 5 are herein incorporated by reference in this contract.

    • PREPAYMENT OF CITY SALES AND USE TAX

      (This section applies to public improvement construction projects $100,000 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 $100,000. Any contractual obligations below this amount will not generally be required to make a pre-payment of Use Tax.

    • 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.

    • No Federal Government Obligation to Third Parties

      Applicable to all projects.


      The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

    • BIDS: ALTERNATES
      1. If the bid form includes alternates, each bidder shall bid on each alternate unless otherwise directed in the Special Conditions or other Contract Documents.
      2. 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.
    • Access to Records

      This section from Recommended Contract Provision No. 1; Required for all City federally funded projects

      1. The Contractor agrees to provide the federal fund and/or grant provider, the City, the Comptroller General of the United States, and/or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
      2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
      3. The Contractor agrees to provide the federal fund and/or grant provider or authorized representatives access to construction or other work sites pertaining to the work being completed under the Project. [REMOVE THIS SENTENCE IF NOT CONSTRUCTION]
      4. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the federal fund and/or grant provider or the Comptroller General of the United States.
    • Program Fraud and False or Fraudulent Statements or Related Acts

      Applicable to all projects.

      1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
      2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
    • 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.

      Awarded Contractor will be required to submit a completed Colorado PERA Questionnaire form. This form is available to view at Colorado PERA Questionnaire and is included by reference in this Contract.

    • WITHHOLDING PAYMENT FOR UNPAID WAGES

      The City shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, all or part of the wages required by the contract, the City may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

    • Changes

      This section from Recommended Contract Provision No. 2; Required for all City federally funded projects

      1. The cost of changes, modifications, change orders, or constructive changes must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of the project scope.
      2. Changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract as long as the City and Contractor agree to change in writing and change still meets any funding submittal and expiration dates.
    • Recycled Products/Recovered Materials

      Only if item exceeds $10,000 (or total of all purchases previous year exceed $10,000).


      The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.

    • BIDS: SUPPLEMENTAL UNIT PRICES
      1. 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.
      2. 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.
    • VIOLATIONS AND LIABILITY FOR UNPAID WAGES AND LIQUIDATED DAMAGES

      In the event of any violation of the requirements set forth in this document, the contractor and any subcontractor responsible for the violation shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages.

    • 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 Evaluation Form. This form is available to view at Contractor Evaluation Form and 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.

    • CONTRACTS: AWARD OF CONTRACT
      1. 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.
      2. 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.
    • STATEMENTS AND PAYROLLS

      Applicable to all Federally-assisted construction contracts exceeding $2,000 and to all related subcontracts. The contractor shall comply with the Copeland Regulations of the Secretary of Labor. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, watchmen, helpers and guards working at the site of the work. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices under approved programs shall maintain written evidence of the registration of apprentices and ratios and wage rates prescribed in the applicable programs.

      Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the awarding agency or an agent thereof, a certified payroll report of wages paid each of its employees. The payroll submitted shall set out accurately and completely all of the information required to be maintained. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

      That the payroll for the payroll period contains the information required to be maintained and that such information is correct and complete; That such laborer or mechanic employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; That each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance".

    • Department of Homeland Security Seal, Logo, and Flags

      This section from Recommended Contract Provision No. 3; Required for all City federally funded projects


      The Contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal fund and or grant administrator approval.

    • EQUAL OPPORTUNITY CLAUSE

      The following Equal Opportunity Clause shall be included in each government contract entered into by the City:

      During the performance of this contract, the contractor agrees as follows:

      1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, creed or age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity. national origin, creed or age. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
      2. The contractor will, in all solicitations or advertisements for employees placed by on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, creed or age.
      3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.
      4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
      5. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
      6. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders.
      7. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
      8. The contractor will include the provisions of paragraphs (1) through (8) in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]
    • Safe Operation of Motor Vehicles

      Applicable to all projects.

      1. Seat Belt Use. The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased by the Contractor.
      2. Distracted Driving. The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.
    • 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.

    • SECTION 3 PROGRAM REQUIREMENTS

      The applicable Section 3 project area for this contract is the City of Pueblo, Colorado. Bidder must submit a Section 3 Certification, Form S3a (Appendix C) for this project with the bid submittal. Statement shall include a commitment to employ to the greatest extent feasible, low-to-moderate income individuals and Section 3 business concerns. Consideration will be given to those contractors who will have training and employment opportunities for project area residents.

      Section 3 Utilization Plan is attached to this document as Appendix A. The intent of Section 3, a section contained within the Housing and Urban Development Act of 1968 is to provide job training and employment opportunities from programs that receive U. S. Department of Housing & Urban Development (HUD) funding to local low-income residents and the businesses they own or that employ them. The purpose of this Plan is to set forth procedures to be implemented by sub-recipients, developers, contractors, and subcontractors to ensure compliance with the City of Pueblo’s (City) Section 3 Program as administered by the Department of Housing and Citizen Services (DHCS) and the following Federal Implementing Act and Regulations:

      • Housing and Urban Development Act of 1968 as ammended12 U.S.C. 1701u;
      • 24 CFR 75 - Section 3 Regulations

      The City’s Section 3 Program is available for review from the Department of Housing & Citizen Services (DHCS), 2631 E. 4th Street, Pueblo, CO 81001.

      SECTION 3 PENALTIES

      Penalties for not meeting the Section 3 Employment Benchmarks or failure to meet additional reporting goals as outlined in Appendix A as follows:

      • Contracts under $200,000 No penalty
      • Contracts under $300,000 1% of contract value
      • Contracts under $400,000 2% of contract value
      • Contracts under $500,000 3% of contract value
      • Contracts greater than or equal to $500,000 5% of contract value

       

    • Seismic Safety

      Only applicable to contracts for the construction of new buildings or additions to existing buildings.

      The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.

    • Compliance with Federal Law, Regulations, and Executive Orders

      This section from Recommended Contract Provision No. 4; Required for all City federally funded projects


      This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, federal policies, procedures, and directives.

    • COMPLIANCE WITH AIR AND WATER ACTS

      This Contract Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFS Part 15, as amended from time to time.

      The contractor shall comply with the following requirements:

      1. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
      2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c 8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
      3. A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.
      4. Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions.
    • Disadvantaged Business Enterprise (DBE)

      Only applicable for planning, capital, or operating assistance projects exceeding $250,000 in a Federal fiscal year.

      Contractor shall complete DBE Utilization form, DBE Participation Schedule & Identification and Information form, and DBE Letter(s) of Intent form.

      1. The City requires the Contractor to pay subconsultants and subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the City makes to the prime contractor. 49 C.F.R. § 26.29(a).
      2. Overview. It is the policy of the City, Pueblo Transit, and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts. It is also the policy of the City and Pueblo Transit to:
        1. Ensure nondiscrimination in the award and administration of DOT-assisted contracts;
        2. Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts;
        3. Ensure that the DBE program is narrowly tailored in accordance with applicable law;
        4. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE’s;
        5. Help remove barriers to the participation of DBEs in DOT assisted contracts;
        6. To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and
        7. Assist in the development of firms that can compete successfully in the marketplace outside the DBE program.
        8. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. The City shall make all determinations with regard to whether or not a Bidder/Offeror is in compliance with the requirements stated herein. In assessing compliance, the City may consider during its review of the Bidder/Offeror’s submission package, the Bidder/Offeror’s documented history of non-compliance with DBE requirements on previous contracts with the City.
      3. Contract Assurance. The Contractor, subconsultants, or subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts.
        1. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the City deems appropriate.
      4. DBE Participation. For the purpose of this Contract, the City will accept only DBE’s who are:
        1. Certified, at the time of bid opening or proposal evaluation, by the Unified Certification Program (UCP); or
        2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or
        3. Certified by another agency approved by the City of Pueblo and Pueblo Transit.
      5. DBE Participation Goal. The DBE participation goal for this Contract is set at _______%. This goal represents those elements of work under this Contract performed by qualified Disadvantaged Business Enterprises for amounts totaling not less than ______% of the total Contract price. Failure to meet the stated goal at the time of proposal submission may render the Bidder/Offeror non-responsive.
      6. Proposed Submission. Each Bidder/Offeror, as part of its submission, shall supply the following information:
        1. A completed DBE Utilization Form (attached) that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises under this Contract.
        2. A list of those qualified DBE’s with whom the Bidder/Offeror intends to contract for the performance of portions of the work under the Contract, the agreed price to be paid to each DBE for work, the Contract items or parts to be performed by each DBE, a proposed timetable for the performance or delivery of the Contract item, and other information as required by the DBE Participation Schedule (see below). No work shall be included in the Schedule that the Bidder/Offeror has reason to believe the listed DBE will subcontract, at any tier, to other than another DBE. If awarded the Contract, the Bidder/Offeror may not deviate from the DBE Participation Schedule submitted in response to the bid. Any subsequent changes and/or substitutions of DBE firms will require review and written approval by the AGENCY.
        3. An original DBE Letter of Intent (attached) from each DBE listed in the DBE Participation Schedule.
        4. An original DBE Affidavit (attached) from each DBE stating that there has not been any change in its status since the date of its last certification.
      7. Good Faith Efforts. If the Bidder/Offeror is unable to meet the goal set forth above (DBE Participation Goal), the City will consider the Bidder/Offeror’s documented good faith efforts to meet the goal in determining responsiveness. The types of actions that the City will consider as part of the Bidder/Offeror’s good faith efforts include, but are not limited to, the following:
        1. Documented communication with the City’s DBE Coordinator (questions of IFB or RFP requirements, subcontracting opportunities, appropriate certification, will be addressed in a timely fashion);
        2. Pre-bid meeting attendance. At the pre-bid meeting, the City generally informs potential Bidder/Offeror’s of DBE subcontracting opportunities;
        3. The Bidder/Offeror’s own solicitations to obtain DBE involvement in general circulation media, trade association publication, minority-focus media and other reasonable and available means within sufficient time to allow DBEs to respond to the solicitation;
        4. Written notification to DBE’s encouraging participation in the proposed Contract; and
        5. Efforts made to identify specific portions of the work that might be performed by DBE’s.
      8. The Bidder/Offeror shall provide the following details, at a minimum, of the specific efforts it made to negotiate in good faith with DBE’s for elements of the Contract:
        1. The names, addresses, and telephone numbers of DBE’s that were contacted;
        2. A description of the information provided to targeted DBE’s regarding the specifications and bid proposals for portions of the work;
        3. Efforts made to assist DBE’s contacted in obtaining bonding or insurance required by the Bidder or the Authority.
      9. Further, the documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted when a non-DBE subcontractor was selected over a DBE for work on the contract. 49 C.F.R. § 26.53(b) (2) (VI). In determining whether a Bidder has made good faith efforts, the Authority may take into account the performance of other Bidders in meeting the Contract goals. For example, if the apparent successful Bidder failed to meet the goal, but meets or exceeds the average DBE participation obtained by other Bidders, the Authority may view this as evidence of the Bidder having made good faith efforts.
      10. Administrative Reconsideration. Within five (5) business days of being informed by the City that it is not responsive or responsible because it has not documented sufficient good faith efforts, the Bidder/Offeror may request administrative reconsideration. The Bidder should make this request in writing to the City’s Purchasing Director and Director of Pueblo Transit. The Director(s) will forward the Bidder/Offeror’s request to a reconsideration official who will not have played any role in the original determination that the Bidder/Offeror did not document sufficient good faith efforts.
        1. As part of this reconsideration, the Bidder/Offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The Bidder/Offeror will have the opportunity to meet in person with the assigned reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The City will send the Bidder/Offeror a written decision on its reconsideration, explaining the basis for finding that the Bidder/Offeror did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation.
      11. Termination of DBE Subcontractor. The Contractor shall not terminate the DBE subcontractor(s) listed in the DBE Participation Schedule (attached) without the City’s prior written consent. The City may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five (5) days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the City in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with Section N below (Sanctions for Violations).
      12. Continued Compliance. The City shall monitor the Contractor’s DBE compliance during the life of the Contract. In the event this procurement exceeds ninety (90) days, it will be the responsibility of the Contractor to submit quarterly written reports to the City that summarize the total DBE value for this Contract. These reports shall provide the following details:
        1. DBE utilization established for the Contract;
        2. Total value of expenditures with DBE firms for the quarter;
        3. The value of expenditures with each DBE firm for the quarter by race and gender.
        4. Total value of expenditures with DBE firms from inception of the Contract; and
        5. The value of expenditures with each DBE firm from the inception of the Contract by race and gender.
      13. Reports and other correspondence must be submitted to the DBE Coordinator with copies provided to the City of Pueblo Department of Public Works and Pueblo Transit. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is completed. The successful Bidder/Offeror shall permit:
        1. The City to have access to necessary records to examine information as the City deems appropriate for the purpose of investigating and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contract between the successful Bidder/Offeror and other DBE parties entered into during the life of the Contract.
        2. The authorized representative(s) of the City, Pueblo Transit, the U.S. Department of Transportation, the Comptroller General of the United States, to inspect and audit all data and record of the Contractor relating to its performance under the Disadvantaged Business Enterprise Participation provision of this Contract.
        3. All data/record(s) pertaining to DBE shall be maintained as stated in Section L above.
      14. Sanctions for Violations. If at any time the City has reason to believe that the Contractor is in violation of its obligations under this Agreement or has otherwise failed to comply with terms of this Section, the City may, in addition to pursuing any other available legal remedy, commence proceedings, which may include but are not limited to, the following:
        1. Suspension of any payment or part due the Contractor until such time as the issues concerning the Contractor’s compliance are resolved; and
        2. Termination or cancellation of the Contract, in whole or in part, unless the successful Contractor is able to demonstrate within a reasonable time that it is in compliance with the DBE terms stated herein.
    • No Obligation by Federal Government

      This section from Recommended Contract Provision No. 5; Required for all City federally funded projects


      The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

    • CONTRACTS: EXECUTION OF CONTRACTS AND BONDS
      1. 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.
      2. 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.
    • INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF GRANTEE, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS

      No members, officers, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement.

      Grantee's officers, employees, and agents shall never solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors, and, additionally, shall be governed in their actions by the standards of conduct described in Title VI of the 1971 Code of Ordinances of the City of Pueblo.

    • Fraud and False or Fraudulent or Related Acts

      This section from Recommended Contract Provision No. 6; Required for all City federally funded projects


      The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims or Statements) applies to the Contractor’s actions pertaining to this contact.

    • 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.

    • Sensitive Security Information

      Applicable to all projects.


      Each Contractor, subconsultant, and subcontractor must take make every effort to protect “sensitive security information” made available during the administration of a contract or subcontract to ensure compliance with 49 U.S.C. Section 40119(b) and implementing DOT regulations, “Protection of Sensitive Security Information,” 49 CFR Part 15, and with 49 U.S.C. Section 114(r) and implementing Department of Homeland Security regulations, “Protection of Sensitive Security Information,” 49 CFR Part 1520.

    • Texting While Driving

      Applicable to all projects- also see Section regarding Safe Operation of Motor Vehicle above.


      Consistent with Executive Order No. 13513, “Federal Leadership on Reducing Text Messaging While Driving,” October 1, 2009, 23 U.S.C. Section 402 note, and DOT Order 3902.10, “Text Messaging While Driving,” December 30, 2009, FTA encourages Contractor to promote policies and initiatives for its employees and other personnel that adopt and promote safety policies that to decrease crashes by distracted drivers, including policies to ban text messaging while driving, and to include this provision in each third party subcontract involving the project.

    • 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.

    • WILLIAMS STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

      This contract is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970. These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal Law(s), including but not limited to the latest amendments of the following:

      • Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596
      • Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations
      • Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations
    • SAFETY AND HEALTH PROGRAM

      This project, the prime contractor, and all subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 Safety and Health Regulations for Construction (37FR243), as amended to date

      To implement the program and provide safe and healthful working conditions for all persons, general project safety meetings shall be conducted at the site, by the construction superintendent or his designated safety officer, at least once each month during the course of construction. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda. Attendance by the owner, architect, general foreman, shop stewards and trades, or their designated representatives, shall be mandatory and witnessed in writing as such.

      To further implement the program, each trade shall conduct a crew meeting at least once each week, to review mandatory project safety requirements. The crew foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in a daily log or report.

      The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the City, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health act of 1970.

      This program shall become a part of the contract between the City and prime contractor and all contracts between the prime contractor and subcontractors as though fully written therein.

    • Federal Tax Liability and Recent Felony Convictions, Transactions Prohibited

      Applicable to all projects.

      The Contractor agrees that Contractor, any subconsultants, and any subcontractors:

      1. Do not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
      2. Has not been convicted of the felony criminal violation under any Federal law within the preceding 24 months.
    • CONTRACTS: SCHEDULE OF UNIT PRICES
      1. 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 Contractor is unbalanced, a detailed breakdown of the items contained in the unit will be required.
      2. 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.
    • U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS AND DAVIS-BACON MINIMUM WAGES

      The project to which the construction work covered by this contract pertains is being assisted by the United States of America and the Federal Labor Standards Provisions attached as Appendix B to this document are included in this contract pursuant to the provisions applicable to such Federal assistance.

      Davis-Bacon Minimum Wages General Decision Number CO20220008 02/25/2022 is attached as Appendix E.

    • Compliance

      Applicable to all projects.

      The FTA may take enforcement action if the Contractor violates an applicable federal law, regulation, or requirement, or does not follow an applicable federal guidance.

    • SUBCONTRACTS: SUBCONTRACTORS
      1. 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.
      2. 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.
      3. Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor and the City.
      4. The Contractor agrees to bind every subcontractor (and every subcontractor of a subcontractor) by the terms of the General Provisions and the SPECIAL PROVISIONS of the Contract, Plans and 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.
    • No Federal Government Commitment of Liability to Contractors

      Applicable to all projects.

      1. The Federal Government does not and shall not have any commitment or liability related to the funding agreement, to any Contractor, subconsultant, subcontractor, or to any other person or entity; and
      2. Notwithstanding that the Federal Government may have concurred in or approved any solicitation or any agreement that may affect the funding agreement, the Federal Government does not and shall not have any commitment or liability to any Contractor, subconsultant, subcontractor, or other entity or person that is not a party to the funding agreement.
    • 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."

    • SYSTEM FOR AWARD MANAGEMENT (SAM.gov) REGISTRATION

      Contractors must be registered on SAM.gov to be considered for award and must submit proof of registration and good standing with their bid. Note: This is a free registration. Please visit https://www.sam.gov to register or for more information.

    • Construction Site Safety

      Only applicable to construction projects.

      Contractor agrees to comply and comply with protections for construction employees involved in each project or related activities with federal assistance provided including:

      1. Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq.; and
      2. U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR Part 1904; “Occupational Safety and Health Standards,” 29 CFR Part 1910; and “Safety and Health Regulations for Construction,” 29 CFR Part 1926.
    • FEDERAL FUNDING ACCOUNTABILITY and TRANSPARENCY ACT REPORTING FORM

      The awarded Contractor will be required to provide the information as shown on the Federal Funding Accountability and Transparency Act (FFATA) Reporting Form / Certification included as Attachment E. This form shall be filled out and turned in with the contract performance and payment bonds and signed contract agreement.

    • 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.

    • Environmental Protections

      Applicable to all projects.

      1. General. The Contractor will comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance.
      2. National Environmental Policy Act. An Award of federal assistance requires the full compliance with applicable environmental laws, regulations, and requirements. Accordingly, the Contractor agrees to:
        1. Comply and facilitate subcontractor compliance with federal laws, regulations, and requirements, including, but not limited to:
          1. Federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139;
          2. The National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. § 4321, et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 CFR Part 1500 – 1508;
          3. Joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 CFR Part 771 and 49 CFR Part 622;
          4. Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note (35 Fed. Reg. 4247); and
          5. Other federal environmental protection laws, regulations, and requirements applicable to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto.
        2. Follow the federal guidance identified herein to the extent that the guidance is consistent with applicable authorizing legislation:
          1. Joint FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319, Accelerated Decisionmaking in Environmental Reviews,” January 14, 2013;
          2. Joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review Process (Public Law 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and
          3. Other federal environmental guidance applicable to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto.
      3. Environmental Justice. The Contractor agrees to promote environmental justice by following:
        1. Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, (59 Fed. Reg. 7629, 3 C.F.R. 1994 Comp., p. 859) as well as facilitating compliance with that Executive Order;
        2. U.S. DOT Order 5610.2(a), “Department of Transportation Updated Environmental Justice Order,” 77 Fed. Reg. 27534, May 10, 2012; and
        3. The most recent edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
      4. Other Environmental Federal Laws. The Contractor agrees to comply or facilitate compliance with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as amended, “Floodplain Management.”
      5. Use of Certain Public Lands. The Contractor agrees to comply with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section 4(f)”), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,” 23 CFR Part 774, and referenced in 49 CFR Part 622.
      6. Historic Preservation. The Contractor agrees to:
        1. Comply with U.S. DOT laws, including 49 U.S.C. § 303 (often referred to as “section 4(f)”), which requires certain findings be made before an Award may be undertaken if it involves the use of any land from a historic site that is on or eligible for inclusion on the National Register of Historic Places.
        2. Encourage compliance with the federal historic and archaeological preservation requirements of section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. § 306108.
        3. Comply with the Archeological and Historic Preservation Act of 1974, as amended, 54 U.S.C. § 312501, et seq.
        4. Comply with U.S. Advisory Council on Historic Preservation regulations, “Protection of Historic Properties,” 36 CFR Part 800.
        5. Comply with federal requirements and follow federal guidance to avoid or mitigate adverse effects on historic properties.
      7. Indian Sacred Sites. The Contractor agrees to and will facilitate compliance with federal efforts to promote the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, and facilitate compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and Executive Order No. 13007, “Indian Sacred Sites,” May 24, 1996, 42 U.S.C. § 3161 note (61 Fed. Reg. 26771).
    • 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.

    • CDOT REQUIRED FORMS

      CDOT required forms are included for reference as Attachment E.

      The following forms must be included with bid submittal

      CDOT Form 606 - Link

      CDOT Form 1414 - Link

       

      The apparent lowest and most responsive bidder must submit forms 605, 621, 1415, and 1416 by 4:00 pm (MT) on the fifth calendar day after bid opening.

      CDOT Form 605 - Link

      CDOT Form 621 - Link

      CDOT Form 1415 - Link

      CDOT Form 1416 - Link (instructions)

    • Alcohol Misuse and Prohibited Drug Use

      Applicable to all projects.

      1. Requirements. The Contractor agrees to comply with:
        1. Federal transit laws, specifically 49 U.S.C. § 5331;
        2. FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR Part 655; and
        3. Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” 49 CFR Part 40.
      2. Remedies for Non-Compliance. The Contractor agrees that if FTA determines that the Contractor, receiving federal assistance under 49 U.S.C. chapter 53, is not in compliance with 49 CFR Part 655, the Federal Transit Administrator may bar that Contractor from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.
    • STATUTORY WITHHOLDING PROVISION MODIFICATION

      WAIVER OF STATUTORY RETENTION LIMITS of the City’s GENERAL PROVISIONS is hereby rescinded for this project. The amount retained from Contractor’s progress payments will be in accordance with CDOT’s standard contracting payment procedure.

    • 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.

      1. 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.
      2. 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 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.
      3. 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.
      4. Inland Marine/Installation Floater Insurance: All tools and equipment that the Contractor has 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.    
      5. 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 $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.
      6. 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.
      7. 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.
      8. 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.
    • Federal Changes

      Applicable to all projects.


      Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement between Pueblo Transit and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

    • CDOT AS “ADDITIONAL INSURED”

      The Colorado Department of Transportation (CDOT) shall be named as an “additional insured” on Contractor’s General Liability and Automobile Liability policies. Insurance shall be procured and maintained at Contractor’s own cost and expense in conformance with GENERAL PROVISIONS , SECTION CONTRACTOR’S INSURANCE (a) and (b). Contractor shall submit to the City proof of required insurance prior to execution of the Contract Agreement.

    • GUARANTEES, PATENTS, PERMITS: GUARANTEES
      1. 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.
      2. 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.
      3. 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.
    • ADDITIONAL INSURANCE AS REQUIRED BY CDOT

      The Colorado Department of Transportation (CDOT) will require the additional insurance as detailed below. Insurance shall be procured and maintained at Contractor’s own cost and expense. Contractor shall submit to the City proof of required insurance prior to execution of the Contract Agreement.

      1. Protected Information Liability Insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows:
        1. $1,000,000 each occurrence: and
        2. $2,000,000 general aggregate
      2. Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows:
        1. $1,000,000 each occurrence; and
        2. $1,000,000 general aggregate.
      3. Crime Insurance including employee dishonesty coverage with minimum limits as follows:
        1. $1,000,000 each occurrence; and
        2. $1,000,000 general aggregate.
    • GUARANTEES, PATENTS, PERMITS: PERMITS, SURVEYS, AND COMPLIANCE WITH LAWS
      1. 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.
      2. 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.
      3. 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.
      4. 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.
    • AFFIRMATIVE ACTION REQUIREMENTS/EQUAL EMPLOYMENT OPPORTUNITY

      Proposer must submit the following with their bid submittal package:

      1. A preliminary statement of work force needs for skilled, semi-skilled, unskilled labor, and trainees by category. Consideration will be given to Contractors who will have training and employment opportunities for project area residents.
      2. Acknowledgement of Affirmative Action Plan requirement for utilization of WBE and MBE firms.

      Within fifteen (15) days of contract award, Proposer must advise the CDOT Assistant Regional Administrator for Equal Opportunity of the steps which have been taken to comply with items 1 and 2 above.

      All contractors and sub contractors must comply with the requirements of Executive Order 11246. Written affirmative action programs are required on all contracts or sub contracts exceeding $50,000. Contracts or sub contracts of less than $50,000 do not require the submittal of written affirmative action programs unless so ordered by the Department of Labor (DOL) or the Colorado Department of Transportation (CDOT). The written programs must be submitted to DOL or CDOT within 15 days of contract award. Certification of Nonsegregated Facilities must be signed and submitted with the bid document.

      Each contract or sub contract in excess of $10,000, or employing more than five (5) persons, shall be required to have a written affirmative action plan which declares that the contractor or sub contractor does not discriminate on the basis of race, color, religion, creed, national origin, sex and age, and which specifies goals and timetables to assure the implementation of that plan.

      When the contract is awarded, prime contractors shall complete a Minority Business Participation Report and submit to the City of Pueblo.

      CDOT Affirmative Action Requirements/Equal Employment Opportunity Provisions are included in Attachment C.

    • 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).

    • 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 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.

    • CONTRACT GOAL AND DISADVANTAGED BUSINESS ENTERPRISE

      Contract Goal and CDOT Disadvantaged Business Enterprise Requirements are included in Attachment D.

      The apparent lowest and most responsive bidder shall be required to submit the following CDOT forms by 4:00 PM on the fifth calendar day after bid opening:

      CDOT Form 1415 – Commitment Confirmation (for each DBE listed on CDOT Form 1414)

      CDOT Form 1416 – Good Faith Effort Report (if DBE goal has not been met)

    • LCP TRACKER REQUIRED

      LCPtracker is CDOT’s system for monitoring compliance with prevailing wage requirements and on the job training hours.  All construction contractors (prime and subs) must log in to LCPtracker weekly to submit and certify payrolls.

    • REQUIRED CONTRACT PROVISIONS AND ON THE JOB TRAINING PROVISIONS

      CDOT Required Contract Provisions Federal Aid Construction Contracts Form FHWA-1273 is applicable to this project. Form FHWA-1273 and On the Job Training Standard Provisions are included in Attachment C.

    • PLANS AND SPECIFICATIONS
      1. 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.
      2. 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.
      3. 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.
    • PLANS AND SPECIFICATIONS: INTENT OF CONTRACT DOCUMENTS
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
    • REQUIRED WORK BY GENERAL CONTRACTOR

      The General or Prime Contractor shall be responsible for performing work, with its own organization, greater than or equal to thirty percent (30%) of the total original contract price. These requirements are detailed in Section VI. - Subletting or Assigning the Contract of Form FHWA-1273 included in Attachment C.

    • 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.

    • U.S. DEPARTMENT OF LABOR DAVIS-BACON MINIMUM WAGES, COLORADO

      Davis-Bacon Minimum Wages General Decision Number n/a is included in Attachment C.

    • 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.

    • CDOT SECTION 106 BUY AMERICA REQUIREMENTS

      The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material delivered to the project. The document shall show the pay item, quantity of material delivered to the project, along with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project. Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress payment. A monthly summary shall be required even if no steel or iron products are incorporated into the project during the month. The summary document does not relieve the Contractor of providing the necessary Buy America certifications of steel and or iron prior to permanent incorporation into the project.

    • STATE OF COLORADO DEPARTMENT OF TRANSPORATION PROJECTS

      Bidders must comply with all State of Colorado, Department of Transportation construction project requirements as detailed in Attachments C and D.

    • 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.

    • PLANS AND SPECIFICATIONS: MATERIALS AND WORKMANSHIP
      1. 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.
      2. 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.
      3. 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 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.
      4. 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.
      5. 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.
    • 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.

    • 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
    • PLANS AND SPECIFICATIONS: SHOP DRAWINGS
      1. 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.
      2. 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.
    • ENGINEER, INSPECTION, AND TESTING: AUTHORITY OF ENGINEER
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
    • 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.

      • Traffic Control plan(s) for review by the City.
      • American Traffic Safety Services Association or Colorado Contractors Association certificate for traffic control supervisor
      • Safety Data Sheets for all materials used for the work outlined in this contract.
      • All Manufacturer data on material used i.e. properties, preparation, storage, installation/application & curing.
      • A certified statement from the manufacturer that the contractor/installer is trained and approved in the handling, mixing and application of the products for use.
      • Bypass Pumping plan(s) for review by the City.
      • Stormwater Management Plan
      • Asphalt and Concrete mix designs
    • 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.

    • ENGINEER, INSPECTION, AND TESTING: TESTING OF MATERIALS
      1. 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.
      2. 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.
    • ENGINEER, INSPECTION, AND TESTING: STAKING WORK
      1. 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.
      2. 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.
    • 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.

    • 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 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.

       

      LIQUIDATED DAMAGES

                                                                                          ORIGINAL CONTRACT AMOUNT

      AMOUNT OF LIQUIDATED

      DAMAGES 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

       

    • 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.

    • ENGINEER, INSPECTION, AND TESTING: INSPECTION
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
      7. 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.
    • 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.

    • CONTRACTOR'S WORKING CONDITIONS: SUPERINTENDENCE
      1. 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.
      2. 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.
    • 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.

      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. 

    • CONTRACTOR'S WORKING CONDITIONS: LABOR
      1. 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.
      2. 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 conditions of any grant or cooperative agreement to which the City is a party and which concerns the Project.
      3. 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.
    • 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.

    • CONTRACTOR'S WORKING CONDITIONS: USE OF JOB SITE AND PRIVATE LAND
      1. 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.
      2. 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.
      3. 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.
    • 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.

    • 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.

    • CONTRACTOR'S WORKING CONDITIONS: PROTECTION OF THE PUBLIC, WORK, AND PROPERTY
      1. 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.
      2. 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.
      3. 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 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.
    • 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.

    • 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.

    • 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.

    • 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.

    • 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.

    • 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.

       

       

    • COMPLETE WORK ON TIME

      Failure to complete the work by the allotted 90 calendar days shall result in the assessing of liquidated damages according to GENERAL PROVISIONS.

    • 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 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.

    • 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.

    • CLEANUP AND FINAL COMPLETION: CLEANING UP AND FINAL INSPECTION
      1. 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.
      2. 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.
    • CLEANUP AND FINAL COMPLETION: CUTTING AND PATCHING
      1. 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.
      2. Any cost caused by defective or ill timed work shall be borne by the party responsible therefore.
      3. 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.
    • 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.

    • 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.

    • 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.

    • CLEANUP AND FINAL COMPLETION: TERMINATION FOR CAUSE
      1. 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.
      2. 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.
    • CLEANUP AND FINAL COMPLETION: FINAL ACCEPTANCE OF THE WORK
      1. The Contract shall be deemed as having been finally accepted by the City upon authorization of final payment issued by the Engineer.
      2. 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.
    • CLEANUP AND FINAL COMPLETION: COMMENCEMENT AND COMPLETION OF WORK
      1. 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.
      2. 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.
    • CLEANUP AND FINAL COMPLETION: LIQUIDATED DAMAGES
      1. 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.
      2. No other liquidated damages will be charged for noncompletion within the specified time unless specifically stated in the Special Provisions.
    • 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.

    • MEASUREMENT AND PAYMENT: MEASUREMENT OF WORK
      1. 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 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.
      2. The method of measurement shall be as described in that part of the specifications covering the particular units of work or materials furnished.
    • CURB RAMP CONSTRUCTION

      This bid item shall include all costs necessary to construct A.D.A. compliant directional curb ramps with tactile bands (24” x 30”) and A.D.A. compliant sidewalks. Specifically, it will involve the removal and construction of curb and gutter, 4” concrete, 6” concrete, 7” reinforced concrete, and 6” asphalt patch. All Curb ramps shall be field designed by the Field Engineer from the Public Works Department in coordination with the Contractor. Curb ramps shall comply with all A.D.A. provisions as found in the most current version of the Public Rights-of-Way Accessibility Guidelines with supplements. All work associated with this item shall be paid for under the “Install ADA Compliant Directional Curb Ramps w/ Tactile Bands” bid item.

    • MEASUREMENT AND PAYMENT: PAYMENTS
      1. 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.
      2. Not later than the 21st day after approval of periodic estimate and receipt of all other required payment submittals as detailed in SPECIAL PROVISIONS, the City will make partial payment to 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.
      3. 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 specified in SPECIAL PROVISIONS , the percentage retained shall be 10%, except that the 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 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.
      4. 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.

       

    • 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.

    • CONSTRUCT 6” ASPHALT PAVING

      This bid item shall include all costs necessary to complete the asphalt paving work in accordance with the project plans and specifications. It shall include preparation of paving area, furnishing and placing the asphalt paving material and any items incidental to the proper completion of the work.

      Asphalt paving material shall be Grading SX conforming to the applicable Colorado Department of Transportation (CDOT), Standard Specifications for Road and Bridge Construction, most current Edition, Section 702 and Section 703. The City will allow up to a maximum of Thirty (30) percent of Reclaimed Asphalt Pavement (RAP) in the asphalt mix design. Asphalt cement binder shall be PG 64-22. The Contractor shall submit a Job Mix Formula JMF) for the HMA asphalt to be used on this project.

    • MEASUREMENT AND PAYMENT: CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATIONS THEREOF
      1. 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.
      2. 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.
      3. 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 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.
    • SUBGRADE STABILIZATION

      If unsuitable material is encountered and the Project Manager determines that it requires replacement, this work shall be included under this bid item. Payment shall include all work to remove unsuitable subgrade to the limits established in the field by the Project Manager and replacement with Class 6 material and a layer of geotextile fabric (Mirafi 140N or approved equal). Payment for this item shall be based upon actual weight by the ton, or fraction thereof, of Class 6 material evidenced from actual weight tickets.

    • 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.

       

       

    • MEASUREMENT AND PAYMENT: CHANGE ORDERS
      1. 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.
      2. 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.
      3. No claims for an addition to the contract sum shall be valid unless authorized in writing as aforesaid.
      4. 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 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.
      5. 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.
    • MEASUREMENT AND PAYMENT: SIGNIFICANT CHANGES IN CHARACTER OF THE WORK
      1. 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.
      2. 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.
      3. 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.
      4. 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.
    • 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 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
        • Permitting Agency: Pueblo County/Colorado Department of Public Health and Environment
        • Responsibility to Obtain: Contractor
      • CDPHE Stormwater Construction Permit
        • Permitting Agency: Colorado Department of Public Health and Environment
        • Responsibility to Obtain: Contractor
      • Excavation Permit
        • Permitting Agency: City of Pueblo
        • Responsibility to Obtain: Contractor
      • Concrete Permit
        • Permitting Agency: City of Pueblo
        • Responsibility to Obtain: Contractor
      • Traffic Control Permit
        • Permitting Agency: City of Pueblo
        • Responsibility to Obtain: Contractor
      • Fugitive Particulate Emissions Control Plan
        • Permitting Agency: Colorado Department of Public Health and Environment
        • Responsibility to Obtain: Contractor
      • Building Permit
        • Permitting Agency: Southern Colorado Building Department
        • Responsibility to Obtain: Contractor
        • Architect will submit plans for plan review.  Contractor shall be responsible for picking up and paying for the building permit.

       

    • 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.

    • SUBMITTALS

      The contractor shall prepare and submit to the Architect a submittal register consistent with the requirements of project manual.  All submittals shall be made electronically and sent directly to the architect and project manager for review. All MSDS sheets must be submitted prior to bringing materials on site.

      Contractor shall also submit any other material items not listed but which will be used in the construction of this project.

    • BUILDER'S RISK INSURANCE

      Builder's Risk Insurance will be required for any buildings or structures on this project. The insurance shall include both existing buildings/structures and new construction. Contractor shall submit to the City proof of Builder's Risk Insurance in accordance with this value and GENERAL PROVISIONS, Section 5.27. INDEMNITY AND INSURANCE: CONTRACTOR’S INSURANCE (d). The Builder’s Risk Policy shall provide a separate limit for the stated value of the existing building and the bid amount. The Grand Total Bid submitted must include the Contractor’s cost to provide Builder’s Risk Insurance as required.

      The current value of Pretreatment Building (Old Influent - Pump Station - Storage CIRSA ID: 25500147) located at 1300 S. Queens Avenue, Pueblo, CO 81001, is $519,100.00. The Pretreatment Building (Old Influent - Pump Station - Storage CIRSA ID: 25500147) was built in 1938 and is of reinforced concrete frame construction. 

    • ASPHALT COLD MILL PLANING (ROTO MILLING)

      Cold mill planing (roto milling) of the asphalt mat shall consist of removing asphalt from each lane as directed by the Project Manager. Cold planing quantities are estimated and will be paid by actual field measurements. Millings will become the property of the contractor and will be responsible for removal.

      It is the responsibility of the Contractor to locate all manholes, valves, monument boxes, or other metallic features whether exposed or hidden from view. No claims for damage will be allowed for failure of the Contractor to locate objects. Traffic signal control loops require special attention. It is the Contractor’s responsibility to coordinate the field locating of all traffic signal loops with the Traffic Division of the Transportation Department.

    • ASPHALT MIX DESIGN

      The Contractor shall furnish to the Project Manager prior to paving, a mix design formula from a certified AASHTO testing laboratory, for the hot mix bituminous pavement to be used. The Grading SX mix designs shall conform to the applicable Colorado Department of Transportation (CDOT), Standard Specifications for Road and Bridge Construction, 2022 Edition, Section 702 and Section 703, unless otherwise noted in these Special Provisions. The City will allow up to a maximum of Thirty (30) percent of Reclaimed Asphalt Pavement (RAP) in the asphalt mix design. All aggregate (RAP & Virgin) shall conform to the gradation standards of CDOT’s Standard Specifications for Road and Bridge Construction, 2022 Edition, Section 703.04, unless otherwise noted in these Special Provisions. (Note an approved quality control plan for RAP is required prior to mix design approval). The Contractor shall submit a Job Mix Formula (JMF) for all types of HMA asphalt to be used on this project. After the JMF has been established, all mixtures furnished for respective projects shall conform thereto within the range tolerances of CDOT’s Standard Specifications for Road and Bridge Construction, 2022 Edition, Section 401.

    • TESTING

      The City will have an independent laboratory take random tests to verify that the asphalt conforms to the JMF as supplied by the Contractor. These random tests will be paid at the City’s expense. Split samples will be available to the Contractor for analysis at a laboratory of his choice at his expense. Asphalt that has been determined not to comply with the JMF shall be removed, disposed of, and new asphalt laid at the total expense of the Contractor.

      The Contractor shall provide the City with documentation of all results of asphalt tests to be taken twice daily. No two daily tests shall be performed within 500 tons of another required test unless retesting for a failed (out of spec) test. Any asphalt test that does not comply with the mix design (+/-) tolerances will require an immediate retest. All expenses for daily tests, any required retests, and documentation provided to the City shall be the sole responsibility of the Contractor.

       

    • BULK ASPHALT CEMENT PRICES ADJUSTMENT

      This project is anticipated to be of short duration; therefore, a price adjustment for asphalt cement used on this project will NOT be allowed.

    • RAISING AND LOWERING OF MANHOLE LIDS AND RINGS

      The Contractor may elect to temporarily remove manhole rings and lids prior to roto milling in order to accomplish his work, if temporarily removed they shall be covered with a steel plate to bridge opening and allow for traffic to drive on the patch where the manhole was located. The Contractor shall patch with asphalt the area where the manhole was lowered and shall be responsible for location and referencing of each manhole.

      Raising of manholes rings and covers shall be done to conform to the Standard Details and all applicable provisions of Article 11 shall be followed. The asphalt patch shall be constructed with two (2) four-inch (4”) lifts. Patching around manholes shall be HMA Grading SX per Section 2.26 - Asphalt Mix Design as submitted in the JMF. Proper compaction equipment (i.e. pneumatic tamper) shall be used so that uniform compaction is obtained throughout the patched area. Manhole ring adjustment procedures are detailed in “Adjustment Details” Sheet – SD12 of the Standard Construction Specifications and Standard Details for the City of Pueblo, Colorado adopted April 11, 2022, and as most recently amended.

      The Contractor shall be responsible for locating and referencing all manholes throughout the project. No locations shall be marked on the curbs with paint. The use of rubber I.D. locators or equivalent shall be included under bid item “Adjust Manholes to Grade”.

      After the asphalt resurfacing has been applied, all manhole rings and covers for sewer and access vaults shall be raised to be flush with the surrounding pavement as detailed on standard details sheet SD-12. All manholes having rings and covers less than or equal to one quarter inch (1/4”) below the surrounding pavement need not be raised but shall be cleaned of any residual asphalt.

      Medium and light duty manhole lids and rings shall be replaced with heavy weight lids and rings supplied by the City. Sanitary Sewer and Storm Sewer Lids and rings will be available at the City Streets Division Compound, 310 E. “D” St., Pueblo, Colorado.

       

    • RAISING OF WATER VALVES

      Coordination for breaking loose the water valve slip boxes by the Board of Water Works personnel is the responsibility of the Contractor. Valve boxes shall be raised flush immediately behind the paving machine. Due to the potential liability of not having access to the water valves to isolate a water main break a monetary penalty of Fifty Dollars ($50) per valve box will be assessed for each valve box not raised before breakdown rolling. All water valves shall be level with the surrounding pavement when the roller passes over the box, break down rolling and final responsibility of the contractor as specified in Article 11.3.19 of the Standard Construction Specifications and Standard Details for the City of Pueblo, Colorado, adopted April 11, 2022, and as most recently amended.

      If asphalt cut back is needed for the adjustment, the Water Valve shall be cut and patched as shown in the standard detail “Adjustment Details” Sheet – SD12 of the Standard Specifications and Standard Details for the City of Pueblo, Colorado, adopted April 11, 2022, and as most recently amended. Water valves may be located within the area to be roto milled or Full Depth Reclamation.

    • MONUMENT BOXES

      The contractor shall raise all top flange type monument boxes flush with the surrounding pavement as outlined in the Standard Details for the City of Pueblo, Colorado (most current revision). Monument boxes may be located within the area to be roto milled. All monument boxes which are not top flange type shall be removed and replaced with new monument boxes provided by the City. The City shall tie-down all monument locations once they have been exposed by the Contractor.

    • TEMPORARY PAVEMENT MARKING

      It shall be the responsibility of the Contractor to replace all lane markings if removed/covered during construction. Any lane markings removed/covered shall be replaced with temporary pavement markings, until the permanent markings can be replaced, prior to opening any street to traffic. Temporary striping shall be at the Contractors expense.

    • TACK COAT

      After sweeping, the pavement surface will be inspected by the Project Manager. If satisfactory, the existing pavement shall receive a tack coat of emulsified asphalt. The material shall be uniformly applied with a pressure distributor. The rate of application shall be 0.1 gallon per square yard (minimum) and the maximum so as not to cause bleeding or slippage.

      The tack coat shall be applied in such a manner as to offer the least inconvenience to traffic and to permit one-way traffic without pick-up or tracking of the bituminous material. Tack coat shall not be applied after sunset, in cold weather below 60 degrees Fahrenheit, or on a wet pavement. The surface shall be allowed to cure to permit drying and setting of the tack coat prior to the paving operation. When traffic is maintained, not more than ½ of the width of the section shall be treated in one application. Sufficient width shall be left to adequately handle traffic. Bituminous material shall not be placed on any surface where traffic will travel on the freshly applied material. Spills and runs of tack oil must be kept to a minimum. If spills do occur, the Contractor is responsible for cleanup, returning the affected area to acceptable condition as determined by the Project Manager. Care should be taken not to get tack coat on curb and gutter, sidewalks, mailboxes, or driveways.

      Tack Coat shall be applied as per Standard Construction Specifications and Details for City of Pueblo, Colorado, adopted April 11, 2022, and as most recently amended, Article 11 Section 11.3.09, and will not be measured and paid for separately but shall be included in the construct overlay bid item. No overlay material shall be placed without the surface first having been tacked 100%.

      Removing weeds from cracks and sweeping any debris created by their removal shall be the responsibility of the Contractor prior to applying the tack oil for overlay.

       

    • EDGE FINISHING

      The Overlay shall be hand raked and feathered from one half inch (½”) thick at the edge of concrete lip to one inch (1”) thick at a point eighteen inches (18”) from the lip line at driveways, handicap ramps, and concrete pans or as directed by the Project Manager.

    • RAKING AT JOINTS

      Raking at the joints must be kept to a minimum. Minimum raking shall be performed so that no distortion or dissimilar surface texture shall be evident at the joint between passes by the paving machine. Transverse joints shall be constructed as specified in Article 11.3.13 of the Standard Construction Specifications and Standard Details for the City of Pueblo, Colorado, adopted April 11, 2022, and as most recently amended.

    • CONSTRUCTION SCHEDULE

      The Contractor shall submit a detailed and complete schedule at the pre-construction conference showing the route and order of asphalt removal, asphalt patching, overlay and raising of manholes. No work activity will be allowed on any streets adjacent to schools while school is in session.

    • DAILY REPORTS

      The Contractor shall provide a computer-generated daily report to the City representative monitoring/inspecting the project. The report shall document the weight ticket control number, the date, customer number, job number, the description of material hauled, and the net weight of load in tons. The daily report is due by noon following previous day’s work. A copy of each daily report shall be attached to each request for payment for that payment period. All payment requests shall be submitted using the Partial Payment format supplied by the City. Daily reports must differentiate between asphalt used for different types of work. Example, asphalt for overlay, asphalt for leveling, cross-pans must be documented as asphalt for cross-pans, etc. Each special use must be separated and not intermingled on the daily report.

    • WEIGHT TICKETS

      Weight tickets for each load shall be computer generated and have a control number, customer number, truck number, job number, description of material hauled, net tare weight of the load, and destination of the load. The ticket shall clearly document the purpose of the load, (example: overlay or patching). The Contractor will provide a summary of weight tickets with each pay request, and the City reserves the right to request actual weight tickets for payment verification.

    • VEHICLE TOWING

      The contractor shall be responsible for coordinating with the Engineer to ensure that all blocks within the work zone are free of parked vehicles. In the event a vehicle is parked on the block that is scheduled to receive overlay that day or that otherwise may interfere with the contractor’s operations, and the owner was properly notified 24-hours in advance, the contractor shall notify the Engineer and receive authorization to have the vehicle towed to the nearest convenient side street location. Towing costs for any vehicle towed without authorization of the Engineer will not be paid for by the City. Immediately after any vehicle is towed, the contractor shall provide written notification to the owner and a copy of the notification to the Engineer, to advise that the vehicle was towed, the reason it was towed, and address where vehicle was taken. The contractor shall provide the name and phone number of the towing company he intends to use at the Pre-construction conference.

      All authorized work for this item will be paid for under the Vehicle Towing bid item.

       

    • CLASS 6 BASE MATERIALS (PLACE AND COMPACT)

      The contractor shall provide a unit price for removal of unstable base materials, replace with Class 6 ABC, and compaction of the ABC. This bid item will only be used in the event that unsuitable soils are encountered.

    • PLACE FLOW-FILL AND PAYMENT

      The Contractor will be required to place 1’ of flow-fill in all trenches located in the road of the City of Pueblo's Right-of-Way and 2' in the road of Colorado Department of Transportation's Right-of-Way. Payment for this item shall be based upon cubic yards of flow-fill placed from center of manhole to center of manhole or end of length in street in the Colorado Department of Transportation’s (CDOT) Right-of-Way. Delivery tickets must be submitted with invoice for payment of flow-fill.

      Flow-fill placed in CDOT’s Right-of-Way shall conform to Section 206 of CDOT’s Standard Specification Provision.

       

    • ASPHALT PAVING SCHEDULE

      Asphalt paving MUST commence no later than 3 working days after TV inspection acceptance. Paving is to be carried out continuously until completed. This is to prevent extra moisture from being introduced into the properly compacted materials that could be detrimental to the future quality of the trench. The Contractor shall be responsible for the maintenance of any partially constructed street at all times. In the event that the Contractor is unable to construct the bituminous plant mix pavement during inclement weather, Contractor shall maintain said partially constructed streets to the satisfaction of the Engineer in accordance with Article 14 – Excavation Within Public Right of Way, Section 14.3.10, Hot Bituminous Pavement or Concrete Unavailable or Inclement Weather on Completion of Backfill and Section 14.3.11, Replacement of Temporary Asphalt Surface.

    • REINSTATE SERVICE

      The “reinstate services” pay item shall include locating and reconnecting all lateral service lines to the sanitary sewer main. When reinstating a service via an open trench, the Contractor shall use a a hard tie polyvinyl chloride (PVC) fitting when reinstating an existing PVC service. All other services shall be reinstated using a Fernco Strong Back RC Series Repair Coupling or an approved equal shielded coupler to connect the existing to the new service pipe.

      The sanitary sewer service line locations shown on the plans are based on City records and television and may not include all service lines. The Contractor shall be responsible for all costs incurred for a service line tap not properly located, to include but not limited to excavation and restoration of the missed service.

      Payment for this item shall be paid by the lump sum for each tap which is located and reinstated as found and accepted in the field.

    • BYPASS PUMPING

      The “bypass pumping” pay item shall include all costs incurred with ensuring the raw sewage from the upstream line is redirected past the line which is to be rehabilitated, which includes but is not limited to, removing and replacing the cone section of the manhole, backfill, flowfill, asphalt, etc.

      The Contractor shall submit a plan for handling existing sewage flows while rehabilitating the pipe at the pre-construction meeting for approval by the City. The bypass plan must be designed in accordance with the approved traffic control plans. Precautions must be taken to ensure that sewage flow control operations do not cause damage to property being served by the sewers involved. At no time shall raw wastewater run freely through any open ditch where point repairs are to be made. The only exception is during a service line reconnection. There must be a hard tie from the rehabilitated pipe to the existing pipe during non-working hours.

      The Contractor shall be responsible to obtain existing flows in all mains that will be affected by bypass to determine a bypass plan.

      If the City must provide personnel and equipment to minimize damages, in the event of any failure of the Contractor’s sewage flow control operations, the Contractor shall be liable for all costs incurred by the City. The Contractor will be charged on a time and materials basis for this work, which will be deducted from the amount of the Contractor’s final payment.

      Payment for this item shall be paid by the lump sum for the entire project.

    • CALCIUM ALUMINATE COATING

      All surfaces that show exposed structural steel, spalling greater than 3/4” deep, cracks greater than 3/8” wide or infiltration of groundwater shall be patched using calcium aluminate. The Engineer will determine what manholes require patching after cleaning. Remove any sharp edges or rough sections that would snag hose or power lines. The surface shall be smooth and free of any deformities. Any and all costs associated with preparing the surface for calcium aluminate patching shall be included in the line item for calcium aluminate coating.

      Calcium aluminate patching shall conform to the following performance testing:

      • Compressive Strength, 28-day
        • Method: ASTM C109
        • Results: 9,000 psi
      • Flexural Strength, 28-day
        • Method: ASTM C293
        • Results: 1,000 psi
      • Bond Strength, 28-day
        • Method: ASTM C882
        • Results: 2,000 psi
      • Freeze-Thaw Durability
        • Method: ASTM C666
        • Results: No visible damage after 300 cycles
      • Shrinkage at 95% Humidity, 28-day
        • Method: ASTM C596
        • Results: 0%
      • Sulfide Resistance
        • Method: ASTM C267
        • Results: No attack

      Testing will be performed on an as needed basis at the discretion of the Engineer.

      If manhole patching exceeds 3/4” thick, additional patching may be paid under the “Additional Calcium Aluminate Coating” line item. The Contractor is responsible to inspect the manhole prior to bidding to determine the severity of deterioration. The Engineer must provide written authorization before additional manhole patching begins. Any additional patching performed that is not approved by the Engineer, will not be paid for by the City.

      Payment for this item shall be by the vertical foot calcium aluminate coating which is placed, tested and accepted as measured in the field. Measurement shall be from the invert of the manhole to the top rim of the manhole.

    • EPOXY COATING

      The interior surface of the manholes will be coated with 100% solid, self-priming, ultra-high build epoxy applied to a minimum thickness of 125 mils with an airless spray gun applicator. To insure a 125 mils thickness, a wet film thickness gage shall be used to verify thickness during the application process. A micro-gauge may be used after application to ensure no shrinkage has occurred after the curing process. The contractor may have an ultrasound on hand to show thickness is being met. Apply epoxy coating in accordance with manufacturer’s instructions. The epoxy coating shall completely cover all manhole walls and bases including inverts to ensure a seal from outside water sources. The finished surface on all components of the manhole will be smooth and free of sags, ridges, skips, voids, and pinholes. Epoxy coating shall conform to the following performance testing.

      • Flexural Strength
        • Method: ASTM d790
        • Results: 13,000 psi
      • Compressive Strength
        • Method: ASTM D695
        • Results: 18,000 psi
      • Tensile Strength
        • Method: ASTM D638
        • Results: 7,600 psi
      • Tensile Ultimate Elongation
        • Method: ASTM D638
        • Results: 1.5%
      • Hardness, Shore D
        • Method: ASTM D2240
        • Results: 85-89
      • Taber Abrasion, CS17 Wheel
        • Method: ASTM D4060, 1000g load/1000 cycles
        • Results: <112mg loss
      • Adhesion
        • Method: ASTM D4541, Concrete
        • Results: Substrate Failure (>250 psi)

      A manhole coating form must be submitted for each manhole. The form must be submitted at the Pre-Construction Conference for approval. The Contractor may elect to use a form provided by the City of Pueblo. All surface preparation and coating application processes shall be documented on a submitted and approved Coating Inspection Report by the contractor. This report shall be submitted to the engineer on a weekly basis or as directed by the owner for review of application process. The coating inspection report shall document all inspection activities performed including but not limited to, project identification, atmospheric conditions at time of surface prep and coating application, coating material, coating batch numbers, coating temperature requirements, pump pressures, etc.

    • EPOXY COATING TESTING

      After the epoxy coating has set it shall be inspected and tested per NACE SP0188 and ASTM D4787 specifications.

      Holiday Testing:

      Every manhole shall be tested using a high voltage holiday detection equipment (spark tester). An induced holiday shall be made into the coated concrete surface and shall serve to determine the minimum/maximum voltage to be used to test the coating for holidays at that particular area. The spark tester shall be initially set per manufacturer’s specification but may be increased per ASTM D4787 specification to the number of mils being applied, if it is insufficient to detect the induced holiday. All detected holiday shall be marked and repaired per the manufacture’s recommendations.

      The Contractor shall submit test results to the Engineer no later than 1 week after testing the epoxy coating. Approved test results shall be submitted in a memo, drafted by the Contractor to include test results, date tested, location of test and shall be signed by the inspector.

      A failed manhole will have 2 or more sparks in a single vertical foot. Any pinholes, thin areas, or any other imperfections identified by the holiday test will require a repair per manufacturer’s specifications.

      Adhesion Testing:

      The Contractor shall conduct adhesion testing in accordance with ASTM D4541 and D7234. Three-20mm dollies will be placed on bottom, middle and top of manhole. Prepare dollies with a 3,500-psi strength 24 -hour adhesive and score around the dolly for the testing process. If results fail to meet results in the table found in Section 2.39, the test will be considered failed. If two out of three tests fail, additional tests will be performed. Testing will include 25% of the manholes in the Project picked at random. During the testing, if more than 50% of manholes fail of those initially tested, ALL manholes in the Project will be subject to testing. If subsequent tests fail all manholes could be considered unacceptable and will be subject to removal and reapplication of epoxy. The Contractor shall repair all test sites after adhesion tests have been performed. No additional cost to the project will be paid to performall adhesion tests and epoxy coating patch due to testing.

       

    • REBUILD MANHOLE BENCH AND TROUGH WITH FAST-SETTING CEMENTITIOUS MATERIAL

      The Contractor shall rebuild manhole troughs and bases wherever noted in the plans with a cementitious material that can be epoxy coated. Rehab shall include manhole bases and inverts. The manhole inverts shall have a smooth transition to ensure an unobstructed flow. The contractor shall remove any sharp edges or rough sections that tend to obstruct flow. The surface shall be smooth and free of any deformities. The contractor shall repair inverts and benches with visible damage and where inflow and infiltration are present and form a watertight seal with manhole walls, base and pipe. Fast-Setting cementitious material shall conform to the following performance testing:

      • Compressive Strength, 28-day
        • Method: ASTM C109
        • Results: 9,000 psi
      • Flexural Strength, 28-day
        • Method: ASTM C293
        • Results: 1,000 psi
      • Bond Strength, 28-day
        • Method: ASTM C882
        • Results: 2,000 psi
      • Freeze-Thaw Durability
        • Method: ASTM C666
        • Results: No visible damage after 300 cycles
      • Shrinkage at 95% Humidity, 28-day
        • Method: ASTM C596
        • Results: 0%
      • Sulfide Resistance
        • Method: ASTM C267
        • Results: No attack

      Testing of this area will be performed on an as needed basis at the discretion of the Engineer and Inspector. The Contractor is responsible to inspect the manhole prior to bidding to determine the severity of deterioration. Any additional patching of rehabilitated areas must have written authorization by the Engineer before any such work begins. Any approved patch work will be paid as a change order and numbers used during original bid process will be used for payment.

      Payment for this item shall be paid per each for each manhole bench and trough which is located and repaired as found and accepted in the field under the “Rebuild Manhole Bench and Trough with Fast-Setting Cementitious Material” line item.

    • CONCRETE MANHOLES

      Unless otherwise specified on the plans, or approved by the Engineer, manholes shall be constructed of precast concrete barrels and cones with cast in place concrete bases. Bases may be precast if placed on six inches (6") of compacted gravel bedding extending a minimum of twelve inches (12”) around the base or the width of the excavation-whichever is greater. In the event severe groundwater conditions are encountered, the thickness of the gravel bedding below the manhole base shall be increased to twelve inches (12”). Alternate construction methods may be required as approved by the Engineer on a case-by-case basis. The concrete channel and bench within precast bases shall be poured on site after the sewer pipe is set to grade. Where possible, manhole channel shall be sewer pipe with the upper portion removed. Precast concrete barrels and cones shall conform to ASTM C478 Standard Specifications except that the wall thickness may be either wall A or wall B as described in ASTM C76 Standard Specifications. Provide eccentric cones for all manholes greater than six feet (6') deep, and flat lids for manholes six feet (6') deep or less as shown on the drawings. Manholes shall conform to the Standard Details shown on the plans. Concrete used in the construction of all sanitary sewer structures shall conform to those portions of ARTICLE 4 CONCRETE, which are applicable.

      All joints in the manhole barrel, cone, grade adjustment rings, and flat top sections shall be sealed with a preformed flexible plastic sealing compound conforming to Federal Specification SS S 00210 (GSA FS6). All joint surfaces shall be cleaned prior to applying the sealant. The outside of the manhole joints shall be wrapped with a butyl adhesive tape sealant that conforms to Federal Specification SS-S-00210 (GSA-FS6). The eccentric cone section shall be situated so that the slope of the cone section is pointing toward the downstream direction.

      All pipe penetrations in cast in place concrete bases shall utilize two strips of the above mentioned preformed flexible plastic sealing compound, placed around the pipe, as a water stop. All pipe penetrations in precast concrete bases shall be provided with a resilient rubber connector in conformance with ASTM C923. When connection to an existing manhole is allowed a water stop and non-shrink grout shall be used at all pipe penetrations.

       

    • PAVEMENT IMPACT FEES

      Asphalt patches will be subject to Pavement Impact Fees regardless of the age of the pavement. This Pavement Impact Fee must be figured into the lineal foot (LF) cost of the asphalt patch. Cost of such fees can be found in the City of Pueblo Ordinance 12-6-4.1.

    • RING AND LID SALVAGE

      Contractor shall salvage rings and covers removed from existing manholes. Rings and covers shall become the property of the City.

    • SANITARY SEWER CLEANING

      The Contractor shall be liable for keeping sewers and manholes clean of bedding, backfill material, asphalt, etc., during construction. If cleaning of the sewer lines and manholes are needed, the Contractor shall clean them at his own expense. If cleaning is done by City forces there will be a charge of $550.00 per hour. Cleaning costs incurred will be deducted from the amount of the Contractor’s final payment.

    • ALLEY ROTOMILL

      Aggregate base to replace the gravel lost during excavation on gravel surfaced streets or alleys and shall be paid for by the number of tons delivered and placed in accordance with the plans and specifications and accepted by the Engineer. Individual weigh tickets for each truckload from state certified scales shall be furnish to the inspector signed by the driver and include the following information:

      • Date
      • Time Dispatched
      • Gross Weight
      • Tare Weight
      • Net Weight
      • Project
      • Destination
      • Truck No.
      • Material Type
      • State allowable Gross Vehicle Weight (GVW)

      Material delivered in trucks that exceed the rated GVW will be used but the excess over GVW will not be paid for. Any material delivered to the site without a weight ticket will not be paid for.

       

    • JOINTING PIPE

      In addition to section 12.3.12 Jointing Pipe (c), when joining pipes via a coupler, a Fernco Strongback RC Series repair coupling, or an approved equal shielded coupler shall be used to connect the existing to the new pipe.

    • REMOVE AND REPLACE GALVANIZED WATER SERVICE

      The Remove and Replace item shall include all costs associated with removing existing manhole and replacing proposed manhole. This shall include ring and cover casting, adjustment sections, precast sections, 5’section of PVC pipe replaced on each invert, and all items incidental to complete the manhole install in accordance with the City of Pueblo Standard Construction Specifications and Standard Details adopted April 11, 2022, and as most recently amended.

    • TRACE WIRE

      The placement of tracer wire shall include all cost associated with installing the tracer wire. This shall include the tracer wire, grounding wire, at grade access boxes, lugs or connecters, grounding anoids, and tape or plastic ties to attach tracer wire to the main.

    • AS BUILT PLANS

      The Contractor will be responsible to submit an As Built set of plans indicating the station location of the reinstated services. The As Built plans shall be submitted with the invoice for payment.

      The cost to provide the As Built plans shall be incidental to the cost of the project, no additional payments will be made.

       

    Submission Requirements

    • BID GUARANTEE (required)

      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.

       

    • CONFIRMATION OF UNDERSTANDING AND OFFER (required)

      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 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 90 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.

       

    • NAME, TITLE, AND CONTACT INFORMATION (required)

      Enter the Name, Title, and Contact Information, including phone number and email address, of the person providing the Confirmation of Understanding and Offer.

    • SAM.gov REGISTRATION (required)

      Upload documentation of active SAM.gov registration with no active exclusions.

    • ACKNOWLEDGEMENTS
    • AFFIRMATIVE ACTION PLAN REQUIREMENT: (required)

      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:

    • PERFORMANCE OF WORK REQUIREMENT: (required)

      The bidder hereby acknowledges understanding of the performance of work requirement as set forth in SPECIAL PROVISIONS, Section PERFORMANCE OF WORK and certifies that they are in compliance with this provision or will be upon award.

      Please confirm your acknowledgment of the above statement:

    • INSURANCE REQUIREMENTS (required)

      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:

    • REQUIRED WORK BY GENERAL CONTRACTOR: (required)

      The bidder hereby acknowledges understanding of the performance of work requirement as set forth in SPECIAL PROVISIONS, Section PERFORMANCE OF WORK and certifies that they are in compliance with this provision or will be upon award.

      Please confirm your acknowledgment of the above statement:

    • COLORADO LABOR REQUIREMENT: (required)

      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:

    • ACKNOWLEDGEMENT OF PREVAILING WAGES & ADDITIONAL WAGE CLASSIFICATION RESPONSIBILITY (required)

      By submitting a bid for this project, the Contractor certifies and affirms the following (check appropriate options):

    • CERTIFICATION OF NONSEGREGATED FACILITIES (required)

      By submitting a bid, Contractor certifies that segregated facilities are not, and will not be, maintained or provided for employees at any of Contractor’s establishments, and that employees are not, and will not be, permitted to perform their services at any location, under Contractor’s control, where segregated facilities are maintained.

      Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.

      Contractor further agrees that identical certifications from proposed subcontractors will be obtained prior to the award of subcontracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity clause; that he will retain copies of such certifications; and that he will forward the following notice to such proposed subcontractors:

      Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities

      A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

      NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

    • CERTIFICATION REGARDING BYRD ANTI-LOBBYING (required)

      Award of $100,00 or more; 2 CFR, Part 200, Appendix II(I)

      The undersigned Contractor certifies, to the best of his or her knowledge, that:

      1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
      2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
      3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

      This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

      The Contractor acknowledges below certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chapter 38, Administrative Remedies for False claims and Statements, apply to this certification and disclosure, if any.

    • SALES AND/OR USE TAX INFORMATION (required)

      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:

    • CERTIFICATIONS
    • CERTIFICATION STATEMENT (required)

      By confirming below, Bidder certifies and affirms that all statements below are true and binding. If the City finds verifiable information from another source that conflicts with the response provided, Bidder’s submittal will be rejected. 

      This firm or any officer or partner of this firm:

      • Has not been convicted of a criminal offense related to obtaining or performing a public or private contract or subcontract.
      • Has not been convicted under local, 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.
      • Has not been convicted under local, state, or federal antitrust statutes arising out of the submission of bids or proposals.
      • Has not failed to perform or unsatisfactorily performed in accordance with the terms of one or more contracts with public or private entities within the previous five years.
      • Is not currently under suspension or debarment by the City or any other governmental entity based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity.
      • Is qualified and financially able to timely perform the work.
      • Is licensed or able to be duly licensed to perform the work on the date of the contract award.
      • Is not delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists.

      Do you confirm that the above statements are true?

    • EXPLANATION OF NEGATIVE RESPONSE (required)

      A clear and concise explanation must be provided detailing which statement(s) cannot be confirmed as true and why. 

    • CDOT Forms
    • Contractors Performance Capability Statement (required)

      Please download the below documents, complete, and upload.

    • Anti-Collusion Affidavit (required)

      Please download the below documents, complete, and upload.

    • Assignment of Antitrust Claims (required)

      Please download the below documents, complete, and upload.

    • Bidders List (required)

      Please download the below documents, complete, and upload.

    • Anticipated DBE Participation Plan (required)

      Please download the below documents, complete, and upload.

    • Commitment Confirmation (required)

      Please download the below documents, complete, and upload.

    • Good Faith Effort Report (required)

      Please download the below documents, complete, and upload.

    • Section 3 Forms
    • Section 3 Form S3a Section 3 Compliance (required)

      Please download the below documents, complete, and upload.

    • Section 3 Form S3e Business Certification (required)

      Please download the document below, complete, and upload if you are a Section 3 Business.

      If not a Section 3 Business, please mark form N/A and upload.

    • FTA Forms
    • Davis Bacon Act (required)

      Per Section 4 of Appendix C (FTA); Please upload your Davis Bacon Wage Schedule:

      Only applicable for construction contracts in excess of $2,000; include most current Davis Bacon Wages supplement; 2 CFR, Part 200, Appendix II(D)

    • LOBBYING RESTRICTIONS FORM (required)

      Please download the below documents, complete, and upload.

    • BIDDER’S CERTIFICATION FOR DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (required)

      Please download the below documents, complete, and upload.

    • BIDDER’S BUY AMERICA CERTIFICATION FORM (required)

      Please download the below documents, complete, and upload.

    • How will this project be funded? (required)
    • Is this a Street Improvement or Asphalt Paving Project? (required)
    • Is this a Stormwater or Wastewater project? (required)
    • What type of project is this? (required)

      Select the appropriate response below.

    • Performance of Work Requirement (required)

      Should the 30% self-performance of work requirement be included on this project?

    • Electronic Pricing Table (required)

      Would you like to have bidders respond to an electronic pricing table through OpenGov?

      Choose this if:

      1. This is a quote for a finite set of goods or commodities
      2. This is a Construction Bid with a Bid Schedule
      3. Seeking services for hourly rate schedules
    • (UDBE) goal (required)

      The Underutilized Disadvantaged Business Enterprise (UDBE) goal is 'UDBE goal Percent.

    • Brief Description (required)

      In general, this project will consist of <insert description here> related to the construction as detailed in the plans and specifications for this project.

      Please enter a brief description that will autofill in the above text for the Advertisement for Bids.

    • Davis-Bacon Minimum Wages General Decision Number (required)

      Davis-Bacon Minimum Wages General Decision Number

      Example: CO20220002 02/25/2022

    • Consulting Engineer Name (required)

      Please enter the name of the consulting engineer here.

    • COMPLETE WORK ON TIME DAYS (required)

      Please enter days for the following provision:

      Failure to complete the work by the allotted ________ calendar days shall result in the assessing of liquidated damages according to GENERAL PROVISIONS .

    • Builders Risk Insurance (required)
    • Insert Building Name (required)

      The current value of <Insert Building Name> located at <Insert Building Address>, Pueblo, CO <Insert Zip Code>, is $<Insert Value>. The <Insert Building Name> was built in <Insert Year> and is of <Insert Type of Construction> construction.

    • Insert Building Address (required)

      The current value of <Insert Building Name> located at <Insert Building Address>, Pueblo, CO <Insert Zip Code>, is $<Insert Value>. The <Insert Building Name> was built in <Insert Year> and is of <Insert Type of Construction> construction.

    • Insert Zip Code (required)

      The current value of <Insert Building Name> located at <Insert Building Address>, Pueblo, CO <Insert Zip Code>, is $<Insert Value>. The <Insert Building Name> was built in <Insert Year> and is of <Insert Type of Construction> construction.

    • Insert Value (required)

      The current value of <Insert Building Name> located at <Insert Building Address>, Pueblo, CO <Insert Zip Code>, is $<Insert Value>. The <Insert Building Name> was built in <Insert Year> and is of <Insert Type of Construction> construction.

    • Insert Type of Construction (required)

      The current value of <Insert Building Name> located at <Insert Building Address>, Pueblo, CO <Insert Zip Code>, is $<Insert Value>. The <Insert Building Name> was built in <Insert Year> and is of <Insert Type of Construction> construction.

    • Insert Year (required)

      The current value of <Insert Building Name> located at <Insert Building Address>, Pueblo, CO <Insert Zip Code>, is $<Insert Value>. The <Insert Building Name> was built in <Insert Year> and is of <Insert Type of Construction> construction.

    Key dates

    1. April 21, 2026Published
    2. May 13, 2026Responses Due

    AI classification tags

    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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