CITY COUNCIL AGENDA MEMORANDUM

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1 To: From: Prepared By: Mayor and City Council Charles Ozaki, City and County Manager Kathryn Bergh, CIP Project Manager Katie Allen, City and County Engineer Dave Shinneman, Acting Director of Community Development Kevin Standbridge, Deputy City and County Manager Meeting Date Agenda Category Agenda Item # March 20, 2012 Council Business 9(j) 1. Proposed Resolution No , Approving an Agreement with Sturgeon Electric Company, Inc., for Construction of the East 10 th Avenue and Sheridan Boulevard Traffic Signal Agenda Title: 2. Proposed Resolution No , Approving an Agreement with Thoutt Bros Concrete Contractors, Inc., for Construction of the Sheridan Boulevard Crosswalk Modifications Summary The 2012 Capital Improvement Program (CIP) budget includes funding to construct Sheridan Boulevard intersection improvements. The project includes a new traffic signal at East 10 th Avenue and crosswalk modifications between East 9 th Avenue and East 14 th Avenue. Staff evaluated options to make the intersections safer to cross and presented recommendations at two City Council study sessions and one public meeting to receive feedback. The East 10 th Avenue and Sheridan Boulevard Traffic Signal is the first key element of the proposed overall plan to improve pedestrian safety along this stretch of Sheridan Boulevard. Crosswalk modifications will be coordinated with the traffic signal installation. The signal would have a separate pedestrian walking phase and permissive/protective left turn movement for northbound to westbound traffic. Staff anticipates by installing a traffic signal, pedestrian usage will increase at this regulated crossing and decrease at the un-signalized intersections at East 9 th Avenue and East 12 th Avenue. Three (3) complete bids were received for the East 10 th Avenue and Sheridan Boulevard Traffic Signal. The lowest, responsive bid was submitted by Sturgeon Electric Company, Inc. Staff recommends awarding the contract to Sturgeon Electric Company, Inc., in the amount of $191,750. Six (6) complete bids were received for the Sheridan Boulevard Crosswalk Modifications. The lowest, responsive bid was submitted by Thoutt Bros Concrete Contractors, Inc. Staff recommends awarding the contract to Thoutt Bros Concrete Contractors, Inc., in the amount of $62,097. Proposed Resolution No would approve a construction agreement with Sturgeon Electric Company, Inc. Proposed Resolution No would approve a construction agreement with Thoutt Bros Concrete Contractors, Inc. If Council approves the agreements on March 20, 2012, construction of the crosswalk modifications is anticipated to be completed by early July 2012 and installation of the traffic signal by the end of September Prior Council Action Recommendations were presented to City Council at a study session on June 21, City Council asked staff to conduct a public meeting in July 2011 to receive citizen feedback. Staff presented a revised plan to City Council at a study session on September 20, 2011, and staff was directed to proceed with the project. Financial Considerations As shown in the sources and uses of funds summary below, the project can be implemented under the budgeted amount. SOURCES AND USES OF FUNDS Sheridan Boulevard Intersection Improvements Sources of Funds: 2012 CIP Funds - Sheridan Blvd-Traffic Signal/Crosswalk Modification 2012 CIP Funds Traffic Mitigation City and County of Broomfield, Colorado CITY COUNCIL AGENDA MEMORANDUM $ 240,000 $ 70,000 Total Funds Available $ 310,000 Uses of Funds: Traffic Signal Construction at East 10 th Avenue (Sturgeon Electric Company, Inc.) $ 191,750 Purchase of Traffic Signal Equipment by Streets Services $ 47,796 Sheridan Boulevard Crosswalk Modifications (Thoutt Bros Concrete Contractors, Inc.) $ 62,097 Geotechnical Engineering Inspection and Contingency $ 8,357 Total Uses of Funds $ 310,000 Projected Balance $ 310,000 Alternatives Decide not to proceed with the Sheridan Boulevard intersection improvements and do not approve the construction agreements. Proposed Actions/Recommendations If Council desires to proceed with the project, the appropriate motions are... That Resolution No be adopted; and That Resolution No be adopted. 9(j) - Page 1

2 Sheridan Boulevard Intersection Improvements Page 2 BACKGROUND The 2012 Capital Improvement Program (CIP) budget includes funding to construct a new traffic signal at East 10 th Avenue, and crosswalk modifications between East 9 th Avenue and East 14 th Avenue. A vicinity map of the proposed project location is shown below. Sheridan Boulevard is a four-lane major arterial roadway and has an approximately 18,000 average daily traffic (ADT) volume (both directions). According to Broomfield s transportation master plan, traffic volumes are expected to increase to 34,000 ADT by The posted speed limit is 40 mph and the 85th percentile speed (the speed in which 85% of the traffic is traveling at or below) is 43 mph. In order to accommodate pedestrian traffic from the neighborhoods west of Sheridan Boulevard to and from the Broomfield Commons Park and open space area, crosswalks were installed at East 9 th Avenue, and East 14 th Avenue with the widening of Sheridan Boulevard in 2005/2006. A crossing at East 12 th Avenue was added later in response to a citizen request. Each crossing has a striped crosswalk and warning signs for traffic to Yield to Pedestrians in Crosswalk. Flashing beacons with warning signs indicating Pedestrian Crossings Next 5 Intersections were added prior to the crossings in both directions on Sheridan Boulevard. There were a total of four accidents with, or related to, pedestrians between March 15, 2010, and July 8, 2011, on Sheridan Boulevard between the intersection of East 9 th Avenue and East 14 th Avenue, which is a very high rate for a 16-month period. According to the American Association of 9(j) - Page 2

3 Sheridan Boulevard Intersection Improvements Page 3 State Highway and Transportation Officials (AASHTO), marked crosswalks are insufficient for a multi-lane roadway with volumes greater than 15,000 ADT such as Sheridan Boulevard. AASHTO suggests traffic signals, or other substantial improvements that will increase the safety of an individual crossing, along this classification of roadway. Pedestrian activated crossing signs are not considered appropriate for a four-lane roadway due to the number or lanes, volume of traffic, and the speed of the traffic. High speeds, high and increasing traffic volumes, and motorists not expecting to stop for a pedestrian on a major arterial, contribute to the high number of accidents occurring along Sheridan Boulevard between East 9 th Avenue and East 14 th Avenue. PROPOSED PROJECT Staff reviewed the volume of pedestrian activity at each crossing over several days at varying times of the day and determined the majority of pedestrians cross at the signalized intersection at East 13 th Avenue. This is followed by East 12 th Avenue, East 14 th Avenue, East 10 th Avenue, and East 9 th Avenue. On June 21, 2011, City Council reviewed staff s recommendation to eliminate the existing marked and signed pedestrian crossings at East 9 th Avenue, East 12 th Avenue, and East 14 th Avenue on Sheridan Boulevard, and add a traffic signal with a pedestrian crossing phase at East 10 th Avenue. Staff received citizen feedback at a public meeting on July 27, 2011, and presented a revised Sheridan Boulevard intersection improvements plan to Council at a study session on September 20, At the study session, Council directed staff to proceed with the following proposed recommendations: 1. Install a traffic signal at the intersection of East 10 th Avenue with a separate pedestrian walking phase and permissive/protective left turn movement for northbound to westbound traffic. Below is a vicinity map of the proposed signal location at East 10 th Avenue and Sheridan Boulevard: 9(j) - Page 3

4 Sheridan Boulevard Intersection Improvements Page 4 Proposed Signal Location at East 10 th Avenue from southbound Sheridan Boulevard East 10 th Avenue currently does not meet traffic signal warrants, but it exhibits the greatest amount of side street traffic. Also, East 10 th Avenue is far enough from the East 13 th Avenue intersection that signal progression can be maintained, and it provides a reasonable, second, controlled signalized crossing for pedestrians. Staff anticipates by placing a traffic signal at this location, vehicle and pedestrian usage will increase at this crossing. 2. Install curb ramps and striped crosswalks across the north leg Sheridan Boulevard crossings at the East 10 th Avenue and East 13 th Avenue signalized intersections. Construct pedestrian refuges in the Sheridan Boulevard and frontage road medians to allow pedestrian usage. Install pedestrian crossing systems with pole mounted push buttons at both intersections. Below is a view looking east from the Sheridan Boulevard frontage road across the proposed north leg crossing at East 13 th Avenue. 9(j) - Page 4

5 Sheridan Boulevard Intersection Improvements Page 5 3. Install new curb ramps with no crosswalk striping or signage across Sheridan Boulevard on the north side of the East 12 th Avenue and East 14 th Avenue un-signalized intersections. Construct pedestrian refuges in the Sheridan Boulevard and frontage road medians to allow pedestrian usage. Eliminate existing curb ramps, crosswalk striping, and signage from the south leg Sheridan Boulevard crossings. This reconfiguration would enhance sight distance for pedestrians and motorists and improve public safety. Staff would assure these intersections are as safe as possible without being designated crossings. Below are graphics of the crosswalk modifications proposed at East 12 th Avenue and East 14 th Avenue: 9(j) - Page 5

6 Sheridan Boulevard Intersection Improvements Page 6 4. Remove vegetation obscuring visibility for pedestrians and motorists in the medians between East 9 th Avenue and West 136 th Avenue to meet sight distance requirements in the Broomfield Standards and Specifications. This was completed in October 2011, and staff will continue to maintain the medians in this condition. 5. Remove the East 9 th Avenue crossing and signage. This was completed when Broomfield s Public Works Department was performing its annual Pavement Preservation Program and applying seal coat to various street segments in Broomfield. The crosswalk at East 9th Avenue will not be reinstated. The final design of the East 10 th Avenue traffic signal was completed by Muller Engineering in mid- January It was designed to match other signal installations along Sheridan Boulevard between East 9 th Avenue and West 14 th Avenue. This includes aesthetic amenities, colors, clamshell bases, illuminated street signs, communication and signal detector systems, and lighting appurtenances. The proposed signal improvements are shown in Attachment 1. There would not be any changes to the intersection geometry with the traffic signal installation. To reduce project expense, the Public Works Streets Services division will initiate, if the City Council approves the contract, a traffic signal equipment requisition based on vendor quotations and existing state contracts. Procurement of certain equipment by Broomfield for installation by the traffic signal contractor will save Broomfield approximately $20,000, compared to pricing from contractors to furnish the equipment. In addition, all signage work, crosswalk striping removal, and permanent pavement markings would be completed by the Public Works Streets Services division. An invitation to bid the signal construction was advertised on January 20, 2012, and bids were due February 6, Three (3) bids were received by the deadline; however, the two lowest bids were withdrawn by written notice due to material and substantial mistakes in preparation. A second invitation to bid the signal construction was advertised on February 27, 2012, and bids were due March 12, Design of the crosswalk modifications at East 10 th Avenue, East 12 th Avenue, East 13 th Avenue, and East 14 th Avenue was completed in early February An invitation to bid the construction was advertised on February 22, 2012, and bids were due March 7, BID RESULTS East 10 th Avenue and Sheridan Boulevard Traffic Signal In response to the Invitation to Bid, three (3) complete bids were received by the deadline. The following is a tabulation of the complete bids received. Company Total Bid Sturgeon Electric Company, Inc. $ 191, WL Contractors, Inc. $ 193, Tetra Tech Construction, Inc. $ 208, Engineer s Estimate $ 165, (j) - Page 6

7 Sheridan Boulevard Intersection Improvements Page 7 The bid does not include signal equipment items that staff proposes to purchase separately to minimize the cost of the project. The total for the equipment to be purchased separately is $47,796. The total cost of the signal is, therefore, $239,546. Sheridan Boulevard Crosswalk Modifications In response to the Invitation to Bid, six (6) complete bids were received by the deadline. The following is a tabulation of the complete bids received. Company Total Bid Thoutt Bros Concrete Contractors, Inc. $ 62, Technology Constructors, Inc. $ 74, Goodland Construction, Inc. $ 77, KECI Colorado, Inc. $ 89, Noraa Concrete Construction Corp. $ 99, Paramount Construction, Inc. $ 103, Engineer s Estimate $ 100, STAFF REVIEW OF BIDS East 10 th Avenue and Sheridan Boulevard Traffic Signal The bids were reviewed by staff and are in order. The lowest responsible, responsive bidder is Sturgeon Electric Company, Inc. Sturgeon Electric Company, Inc., has successfully completed installation of the traffic signal at State Highway 7 and Huron Street and parking lot lights at the Broomfield Auditorium/Library, as well as many similar projects throughout the Denver metropolitan area for other local municipalities, the Colorado Department of Transportation, and private developers. Based on staff s review, it is recommended the traffic signal construction be awarded to Sturgeon Electric Company, Inc. Sheridan Boulevard Crosswalk Modifications The bids were reviewed by staff and are in order. The lowest responsible, responsive bidder is Thoutt Bros Concrete Contractors, Inc. Thoutt Bros has successfully completed the Tennyson Street Right-of-Way and Walmart Connection Trail Project and the Broomfield Heights Alley Project, Phase 2 for Broomfield, as well as many similar projects throughout the Denver metropolitan area. Based on staff s review, it is recommended construction of the crosswalk modifications be awarded to Thoutt Bros Concrete Contractors, Inc. FINANCIAL CONSIDERATIONS The proposed agreement with Sturgeon Electric Company, Inc., is in the amount of $191,750 for construction of the traffic signal. The proposed agreement with Thoutt Bros Concrete Contractors, Inc., is in the amount of $62,097 for construction of the crosswalk modifications. 9(j) - Page 7

8 Sheridan Boulevard Intersection Improvements Page 8 Following is a summary of the sources and uses of funds for the project. SOURCES AND USES OF FUNDS Sheridan Boulevard Intersection Improvements Sources of Funds: 2012 CIP Funds for Sheridan Blvd-Traffic Signal/Crosswalk Modification $ 240,000 $ 70, CIP Funds for Traffic Mitigation Total Funds Available $ 310,000 Uses of Funds: Traffic Signal Construction at East 10 th Avenue (Sturgeon Electric Company, Inc.) $ 191,750 Purchase of Traffic Signal Equipment by Streets Services 47,796 Sheridan Boulevard Crosswalk Modifications (Thoutt Bros Concrete Contractors, Inc.) 62,097 Geotechnical Engineering Inspection and Contingency $ 8,357 Total Uses of Funds $ 310,000 Projected Balance $ 0 PROJECT SCHEDULE If Council adopts Resolution Nos and on March 20, 2012, each contractor will be issued a Notice of Award on March 21, Each contractor then has fifteen calendar days to obtain its Performance and Payment Bonds, Certification of Insurance, and to execute a copy of the construction agreement. After the required contract documents are complete, a Notice to Proceed (NTP) can be issued for each portion of the project. East 10 th Avenue and Sheridan Boulevard Traffic Signal The traffic signal contractor has 180 days from the date of the NTP to complete the project, or no later than September 30, The project timeline for the traffic signal is controlled by the long lead time for the supplier to deliver the specialized traffic signal poles and mast arms specified for Sheridan Boulevard. The construction agreement provides for liquidated damages of $200 per day in the event the contractor does not complete the project on time. Sheridan Boulevard Crosswalk Modifications The crosswalk modifications contractor has 90 days from the date of the NTP to complete the project, or no later than July 6, The construction agreement provides for liquidated damages of $100 per day in the event the contractor does not complete the project on time. PROPOSED RESOLUTION NOS and Proposed Resolution No would approve an agreement in the amount of $191,750 with Sturgeon Electric Company, Inc., to construct the East 10 th Avenue and Sheridan Boulevard traffic signal. Proposed Resolution No would approve an agreement in the amount of $62,097 with Thoutt Bros Concrete Contractors, Inc., to construct the Sheridan Boulevard crosswalk modifications. Staff recommends approval of the Resolutions. 9(j) - Page 8

9 9(j) - Page 9

10 RESOLUTION NO A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT BY AND BETWEEN THE CITY AND COUNTY OF BROOMFIELD AND STURGEON ELECTRIC COMPANY, INC., FOR CONSTRUCTION OF THE EAST 10TH AVENUE AND SHERIDAN BOULEVARD TRAFFIC SIGNAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The agreement attached hereto by and between the City and County of Broomfield and Sturgeon Electric Company, Inc., in the amount of $191,750 for construction of the East 10th Avenue and Sheridan Boulevard Traffic Signal, is approved. Section 2. The Mayor or Mayor Pro Tern is authorized to sign and the City and County Clerk to attest the agreement, in form approved by the City and County Attorney. Section 3. The City and County Manager or a designee thereof is authorized to approve change orders in an aggregate amount not to exceed ten percent. Section 4. This resolution is effective upon its approval by the City Council. APPROVED on March 20, THE CITY AND COUNTY OF BROOMFIELD, COLORADO ATTEST: Mayor City and County Clerk APPROVED AS TO FORM: City and County Attorney 9(j) - Page 10

11 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project CONSTRUCTION AGREEMENT 1.0 PARTIES The parties to this Agreement are The City and County of Broomfield, a Colorado municipal corporation and county, (the City ) and Sturgeon Electric Company, Inc., (the Contractor ), collectively, the Parties, or individually, a Party. IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES of the Parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 2.0 WORK 2.1 The Contractor agrees to furnish all necessary labor, materials, equipment, tools, and services necessary to perform in a workman like manner the Work described in the Contract Documents, including the Bid Form in Exhibit A Scope of Work. 2.2 The Work will be completed within 90 calendar days from the date of the Notice to Proceed as shown in the Contract Information form (the Contract Time ). It is anticipated that the work shall be complete no later than September 30, Liquidated Damages. The City and Contractor recognize that time is of the essence in this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified in subparagraph 2.2 above, plus any extensions thereof allowed by the City. The Parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, rather than requiring any such proof, the City and the Contractor agree that as liquidated damages for delay, but not as a penalty, the Contractor shall pay the City $200 for each day that expires after the time specified in paragraph 2.2 until the Work is complete. It is agreed that this is a reasonable estimate of the damages likely to be suffered by the City for late completion of the Work. It is expressly understood by the parties to this Agreement that the liquidated damages provided for in this paragraph are not a penalty. 3.0 CONTRACT PRICE AND PAYMENT 3.1 The City shall pay the Contractor for performance of the Work in accordance with the Contract Documents the amount or amounts shown on Contractor's Bid Form, not to exceed $191,750. The amount of money appropriated by the City is equal to or in excess of the contract amount. 3.2 The basis of bids (unit price) is stated on the Contract Information form. 1 Construction_Contract-Bid 9(j) - Page 11

12 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project 3.3 The City will issue no change order or other form of order or directive requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for this Agreement, unless the Contractor is given written assurance by the City that an amount for such work has been lawfully appropriated to cover the costs of the additional work or unless such work is otherwise covered under a remedy-granting provision in this Agreement. 3.4 Contractor will do nothing to cause the contract amount to increase without prior execution of a change order. 3.5 The City shall make payments as set forth in Part 11 of the General Conditions. Pay requests must be submitted on the Contractor Pay Request Form provided by the City. 4.0 CONTRACTOR'S REPRESENTATIONS 4.1 In order to induce the City to enter into this Agreement, the Contractor makes the following representations: (a) The Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, the locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. The Contractor acknowledges an obligation to comply with all provisions of the Broomfield Municipal Code, to respect property rights by working within the defined work limits or designated staging areas, and to work within the prescribed work hours. The Contractor acknowledges familiarity with the provisions of Sections 9.10 and of the Contract General Conditions. (b) Contractor has carefully studied all physical conditions at the site or sites and existing facilities affecting cost, progress or performance of the Work. (c) Contractor has given the City written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the City is acceptable to the Contractor. 5.0 CONTRACT DOCUMENTS 5.1 The Contract Documents, which comprise the entire Agreement between the City and the Contractor, are by this reference incorporated herein and made a part hereof consist of the following: Notice of Award Agreement Performance Bond Payment Bond 2 Construction_Contract-Bid 9(j) - Page 12

13 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project Notice to Proceed Notice of Final Acceptance General Conditions Bid Form Specifications Exhibit A Scope of Work Exhibit B Insurance Requirements 5.2. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 6.0 ENGINEER The Engineer for the purposes of the Contract Documents is identified on the Contract Information form and may be changed by the City by written notice to Contractor. 7.0 ASSIGNMENTS No assignment by a Party of any rights under or interests in the Contract Documents will be binding on the other Party without the written consent of the Party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.0 GOVERNING LAW This Agreement shall be governed by the laws of the State of Colorado. 9.0 INDEPENDENT CONTRACTOR The Contractor warrants that it is an independent contractor and that it, its agents, employees, subcontractors, and others employed by it are not employees of the City. The Contractor is an independent contractor as provided in section (2), C.R.S., and the Contractor is not entitled to workers' compensation benefits and the Contractor is obligated to pay federal and state income tax on moneys earned pursuant to this Contract. 3 Construction_Contract-Bid 9(j) - Page 13

14 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project 10.0 COLORADO LABOR Pursuant to the provisions of section , C.R.S., Colorado labor shall be employed by the Contractor to perform the Work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if personally served or if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the mail of the United States Postal Service DELAYS Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party PARAGRAPH CAPTIONS The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement ADDITIONAL DOCUMENTS OR ACTION The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement DEFAULT Time is of the essence. If any payment or any other condition, obligation, or duty is not timely made, tendered, or performed by either party, then this Agreement, at the option of the party who is not in default, may be terminated by the non-defaulting party, in which case, the non-defaulting party may recover such damages as may be proper. If the non-defaulting party elects to treat this Agreement as being in full force and effect, the non-defaulting party shall have the right to an action for damages. 4 Construction_Contract-Bid 9(j) - Page 14

15 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project 16.0 WAIVER OF BREACH A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors, heirs, and assigns, provided that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein EXECUTION IN COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument NO THIRD PARTY BENEFICIARIES This Agreement is intended to describe the rights and responsibilities only as to the parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a party hereto FINANCIAL OBLIGATIONS OF THE CITY All financial obligations of the City under this Agreement are subject to appropriation, budgeting, and availability of funds to discharge such obligations. Nothing in this Agreement shall be deemed to pledge the City s credit or faith, directly or indirectly, to the Contractor INSURANCE To assure the City that the Contractor is always capable of fulfilling specified indemnification obligations, Contractor shall purchase and maintain insurance of the kind and in the amounts, with the conditions specified in Exhibit B. However, insurance requirements contained in this Agreement shall not be deemed to limit or define obligations of Contractor as provided elsewhere in this Agreement, and Contractor should rely on its expertise to obtain additional insurance coverage needed for the City and Contractor in its performance hereunder INDEMNIFICATION The Contractor expressly agrees to indemnify and hold harmless the City or any of its officers or employees from any and all claims, damages, liability, or court awards, including costs and attorney's fees, that are or may be awarded as a result of any loss, 5 Construction_Contract-Bid 9(j) - Page 15

16 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project injury, or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any omission or act of commission by the Contractor or any of its employees or agents in performing work pursuant to this Agreement. In the event that any such suit or action is brought against the City, the City will give timely notice thereof to the Contractor NO PRESUMPTION The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted SEVERABILITY If any provision of this agreement as applied to either Party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstances, or the validity or enforceability of the Agreement as a whole GOOD FAITH OF PARTIES In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement SURVIVAL OF OBLIGATIONS The obligations contained in this Agreement that are not fully performed as of termination shall survive termination and shall continue to bind the Parties until fully performed. 6 Construction_Contract-Bid 9(j) - Page 16

17 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project 27.0 PARTIES NOT PARTNERS Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be partners or joint venturers, and neither Party shall be responsible for any debt or liability of the other Party AUTHORIZED REPRESENTATIVES The City designates Kathryn Bergh as the City representative under this contract. Contractor designates as the Contractor representative under this contract. Either Party may change its Authorized Representative at any time by notice to the other Party EXECUTION REQUIRED This Agreement shall not be binding upon any Party hereto unless and until the Parties have executed this Agreement DAYS If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to section (1), C.R.S., such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto in their respective names as of, Construction_Contract-Bid 9(j) - Page 17

18 East 10th Avenue and Sheridan Boulevard Traffic Signal Project THE CITY AND COUNTY OF BROOMFIELD, a Colorado municipal corporation and county ATTEST: Mayor One DesCombes Drive Broomfield, CO City and County Clerk APPROVED AS TO FORM: City and County Attorney STATE OF COLORADO ) ) ss. City and County of Broomfield ) The foregoing instrument was acknowledged before me this day of, 2012, by as Mayor of the City and County of Broomfield, a Colorado municipal corporation and county. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: 8 Construction Contract-Bid 9(j) - Page 18

19 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project Sturgeon Electric Company, Inc. a Colorado corporation By: Address: ATTEST: Secretary STATE OF COLORADO ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of 2012, by as (President)(Manager) of. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: 9 Construction_Contract-Bid 9(j) - Page 19

20 East 10th Avenue and Sheridan Boulevard Traffic Signal BID FORM - Unit Price All bids shall be submitted on this form. Submit your unit price bid for the work and quantities listed below. Actual quantities shall be verified by the Bidder. Discrepancies between the plans and the quantities shall be brought to Broomfield' s attention prior to bidding. Final payment shall be based upon actual approved quantities installed and the unit prices. East 10th Avenue and Sheridan Boulevard Traffic Si Bid Form al - Broomfield, Colorado ITEM Units Quantity Unit Price Price - MOBILIZATION AND EROSION CONTROL " LS 1 $2,270 $2, REMOVAL OF LIGHT STANDARD EACH 3 $ 640 $ 1, UTILITY POTHOLE EACH 10 $ 245 $2, LANDSCAPE RESTORATION LS 1 2,570 $3, DRILLED CAISSON (36 INCH) - INCLUDES POTHOLING FOR CAISSONS LF 57 $ 250 $14, INCH ELECTRICAL CONDUIT (PLASTIC) LF 845 $ 9 $ 7, ,3 INCH ELECTRICAL CONDUIT (PLASTIC) LF 680 $ 13 $ 8, ELECTRIC METER HOUSING AND INSTALLATION LS 1 $2,280 $ 2, ILLUMINATED STREET SIGN - SPECIAL - INSTALL ONLY EACH 3 $ 585 $ 1, PEDESTRIAN SIGNAL FACE (16) (COUNTDOWN TYPE) - INSTALL ONLY EACH 6 $ 325 $ 1, TRAFFIC SIGNAL FACE ( ) - INSTALL ONLY EACH 9 $ 365 $ 3, TRAFFIC SIGNAL FACE ( ) - INSTALL ONLY EACH 2 $ 44,-, $ ego 614 PEDESTRIAN PUSH BUTTON EACH 6 $ 8, FIRE PREEMPTION UNIT AND TIMER (SYSTEM) - INSTALL ONLY LS 1 $ 729 $ TRAFFIC SIGNAL DETECTOR - SPECIAL EACH 11 $1,615 $17, INTERSECTION DETECTION SYSTEM - CAMERA- INSTALL ONLY EACH 3 $ 725 $ 2, CONTROLLER TYPE 2070 W/CABINET UPS, BASE, & SOFTWARE - INSTALL ONLY EACH 1 $ $ TRAFFIC SIGNAL-LIGHT POLE (STEEL) - ONE 25' MAST ARM EACH 1 $ $ 614 TRAFFIC SIGNAL-LIGHT POLE (STEEL) - ONE 40' MAST ARM EACH 2 $ 7, 000 $ 614 TRAFFIC SIGNAL-PEDESTAL POLE STEEL - INSTALL ONLY EACH 5 $ $ 5, SPREAD SPECTRUM COMMUNICATION SYSTEM / COMMPAK IP RADIO - INSTALL ONLY EACH 1 $ $ CONSTRUCTION TRAFFIC CONTROL LS 1 $ 1,30 $ 5, FORCE ACCOUNT: MINOR CONTRACT REVISIONS FA 1 $ 20, $ 20, TOTAL BASE BID $191, 750 BF - 1 Construction Contract-Bid 9(j) - Page 20

21 East 10th Avenue and Sheridan Boulevard Traffic Signal THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, and the site where the Work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having satisfied himself as to the expense and difficulties attending performance of the Work; HEREBY PROPOSES and agrees, if this Bid is accepted, to enter into an Agreement in the form attached hereto, to perform all work including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Contract and the furnishing of all materials and equipment required to be incorporated in and form a permanent part of the Work; tools, equipment, supplies, transportation, facilities, labor, Superintendents, and services required to perform the Work; and Bonds, insurance and submittals; all as indicated or specified in the Contract Documents to be performed or furnished by the Contractor for the Contract Price. The undersigned Bidder agrees to furnish the required Bonds and to enter into the Agreement within fifteen calendar days from the date of the Notice of Award. The undersigned Bidder hereby certifies: (a) that this Bid is genuine and is not made in the interest of or in behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; (b) that he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid; (c) that he has not solicited or induced any person, firm or corporation to refrain from bidding; and (d) that he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the City. The full names and addresses of parties interested in this Bid as principals are as follows: Sturgeon Electric Company, Inc E. 112th Avenue Henderson, CO SIGNATURE OF BIDDER Date: 12 March 12 If an individual, doing business as BF - 1 Construction Contract-Bid 9(j) - Page 21

22 East 10th Avenue and Sheridan Boulevard Traffic Signal If a Partnership by If a Corporation Sturgeon Electric Company partner; (a Michigan Corporation) by Ai----'" (SEAL & ATTEST) Title J ffrey Waneka, Vice President Business Address of Bidder: E. 112th Avenue, Henderson, CO Telephone Number of Bidder BF-2 Construction Contract-Bid 9(j) - Page 22

23 East 10 th Avenue and Sheridan Boulevard Traffic Signal Project EXHIBIT B INSURANCE REQUIREMENTS 3 Construction_Contract-Bid 9(j) - Page 23

24 RESOLUTION NO A RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT BY AND BETWEEN THE CITY AND COUNTY OF BROOMFIELD AND THOUTT BROS CONCRETE CONTRACTORS, INC., FOR CONSTRUCTION OF THE SHERIDAN BOULEVARD CROSSWALK MODIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. The agreement attached hereto by and between the City and County of Broomfield and Thoutt Bros Concrete Contractors, Inc., in the amount of $62,097 for construction of the Sheridan Boulevard Crosswalk Modifications, is approved. Section 2. The Mayor or Mayor Pro Tern is authorized to sign and the City and County Clerk to attest the agreement, in form approved by the City and County Attorney. Section 3. The City and County Manager or a designee thereof is authorized to approve change orders in an aggregate amount not to exceed ten percent. Section 4. This resolution is effective upon its approval by the City Council. APPROVED on March 20, THE CITY AND COUNTY OF BROOMFIELD, COLORADO ATTEST: Mayor City and County Clerk APPROVED AS TO FORM: City and County Attorney 9(j) - Page 24

25 Sheridan Boulevard Crosswalk Modifications CONSTRUCTION AGREEMENT 1.0 PARTIES The parties to this Agreement are The City and County of Broomfield, a Colorado municipal corporation and county, (the City ) and Thoutt Bros Concrete Contractors, Inc., (the Contractor ), collectively, the Parties, or individually, a Party. IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES of the Parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 2.0 WORK 2.1 The Contractor agrees to furnish all necessary labor, materials, equipment, tools, and services necessary to perform in a workman like manner the Work described in the Contract Documents, including the Bid Form in Exhibit A Scope of Work. 2.2 The Work will be completed within 90 calendar days from the date of the Notice to Proceed as shown in the Contract Information form (the Contract Time ). It is anticipated that the work shall be complete no later than July 6, Liquidated Damages. The City and Contractor recognize that time is of the essence in this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified in subparagraph 2.2 above, plus any extensions thereof allowed by the City. The Parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, rather than requiring any such proof, the City and the Contractor agree that as liquidated damages for delay, but not as a penalty, the Contractor shall pay the City $100 for each day that expires after the time specified in paragraph 2.2 until the Work is complete. It is agreed that this is a reasonable estimate of the damages likely to be suffered by the City for late completion of the Work. It is expressly understood by the parties to this Agreement that the liquidated damages provided for in this paragraph are not a penalty. 3.0 CONTRACT PRICE AND PAYMENT 3.1 The City shall pay the Contractor for performance of the Work in accordance with the Contract Documents the amount or amounts shown on Contractor's Bid Form, not to exceed $62,097. The amount of money appropriated by the City is equal to or in excess of the contract amount. 3.2 The basis of bids (unit price) is stated on the Contract Information form. 1 Construction_Contract-Bid 9(j) - Page 25

26 Sheridan Boulevard Crosswalk Modifications 3.3 The City will issue no change order or other form of order or directive requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for this Agreement, unless the Contractor is given written assurance by the City that an amount for such work has been lawfully appropriated to cover the costs of the additional work or unless such work is otherwise covered under a remedy-granting provision in this Agreement. 3.4 Contractor will do nothing to cause the contract amount to increase without prior execution of a change order. 3.5 The City shall make payments as set forth in Part 11 of the General Conditions. Pay requests must be submitted on the Contractor Pay Request Form provided by the City. 4.0 CONTRACTOR'S REPRESENTATIONS 4.1 In order to induce the City to enter into this Agreement, the Contractor makes the following representations: (a) The Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, the locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. The Contractor acknowledges an obligation to comply with all provisions of the Broomfield Municipal Code, to respect property rights by working within the defined work limits or designated staging areas, and to work within the prescribed work hours. The Contractor acknowledges familiarity with the provisions of Sections 9.10 and of the Contract General Conditions. (b) Contractor has carefully studied all physical conditions at the site or sites and existing facilities affecting cost, progress or performance of the Work. (c) Contractor has given the City written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the City is acceptable to the Contractor. 5.0 CONTRACT DOCUMENTS 5.1 The Contract Documents, which comprise the entire Agreement between the City and the Contractor, are by this reference incorporated herein and made a part hereof consist of the following: Notice of Award Agreement Performance Bond Payment Bond 2 Construction_Contract-Bid 9(j) - Page 26

27 Sheridan Boulevard Crosswalk Modifications Notice to Proceed Notice of Final Acceptance General Conditions Bid Form Specifications Exhibit A Scope of Work Exhibit B Insurance Requirements 5.2. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 6.0 ENGINEER The Engineer for the purposes of the Contract Documents is identified on the Contract Information form and may be changed by the City by written notice to Contractor. 7.0 ASSIGNMENTS No assignment by a Party of any rights under or interests in the Contract Documents will be binding on the other Party without the written consent of the Party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.0 GOVERNING LAW This Agreement shall be governed by the laws of the State of Colorado. 9.0 INDEPENDENT CONTRACTOR The Contractor warrants that it is an independent contractor and that it, its agents, employees, subcontractors, and others employed by it are not employees of the City. The Contractor is an independent contractor as provided in section (2), C.R.S., and the Contractor is not entitled to workers' compensation benefits and the Contractor is obligated to pay federal and state income tax on moneys earned pursuant to this Contract. 3 Construction_Contract-Bid 9(j) - Page 27

28 Sheridan Boulevard Crosswalk Modifications 10.0 COLORADO LABOR Pursuant to the provisions of section , C.R.S., Colorado labor shall be employed by the Contractor to perform the Work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if personally served or if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the mail of the United States Postal Service DELAYS Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party PARAGRAPH CAPTIONS The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement ADDITIONAL DOCUMENTS OR ACTION The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement DEFAULT Time is of the essence. If any payment or any other condition, obligation, or duty is not timely made, tendered, or performed by either party, then this Agreement, at the option of the party who is not in default, may be terminated by the non-defaulting party, in which case, the non-defaulting party may recover such damages as may be proper. If the non-defaulting party elects to treat this Agreement as being in full force and effect, the non-defaulting party shall have the right to an action for damages. 4 Construction_Contract-Bid 9(j) - Page 28

29 Sheridan Boulevard Crosswalk Modifications 16.0 WAIVER OF BREACH A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors, heirs, and assigns, provided that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein EXECUTION IN COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument NO THIRD PARTY BENEFICIARIES This Agreement is intended to describe the rights and responsibilities only as to the parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a party hereto FINANCIAL OBLIGATIONS OF THE CITY All financial obligations of the City under this Agreement are subject to appropriation, budgeting, and availability of funds to discharge such obligations. Nothing in this Agreement shall be deemed to pledge the City s credit or faith, directly or indirectly, to the Contractor INSURANCE To assure the City that the Contractor is always capable of fulfilling specified indemnification obligations, Contractor shall purchase and maintain insurance of the kind and in the amounts, with the conditions specified in Exhibit B. However, insurance requirements contained in this Agreement shall not be deemed to limit or define obligations of Contractor as provided elsewhere in this Agreement, and Contractor should rely on its expertise to obtain additional insurance coverage needed for the City and Contractor in its performance hereunder INDEMNIFICATION The Contractor expressly agrees to indemnify and hold harmless the City or any of its officers or employees from any and all claims, damages, liability, or court awards, including costs and attorney's fees, that are or may be awarded as a result of any loss, 5 Construction_Contract-Bid 9(j) - Page 29

30 Sheridan Boulevard Crosswalk Modifications injury, or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any omission or act of commission by the Contractor or any of its employees or agents in performing work pursuant to this Agreement. In the event that any such suit or action is brought against the City, the City will give timely notice thereof to the Contractor NO PRESUMPTION The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted SEVERABILITY If any provision of this agreement as applied to either Party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstances, or the validity or enforceability of the Agreement as a whole GOOD FAITH OF PARTIES In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement SURVIVAL OF OBLIGATIONS The obligations contained in this Agreement that are not fully performed as of termination shall survive termination and shall continue to bind the Parties until fully performed. 6 Construction_Contract-Bid 9(j) - Page 30

31 Sheridan Boulevard Crosswalk Modifications 27.0 PARTIES NOT PARTNERS Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be partners or joint venturers, and neither Party shall be responsible for any debt or liability of the other Party AUTHORIZED REPRESENTATIVES The City designates Kathryn Bergh as the City representative under this contract. Contractor designates as the Contractor representative under this contract. Either Party may change its Authorized Representative at any time by notice to the other Party EXECUTION REQUIRED This Agreement shall not be binding upon any Party hereto unless and until the Parties have executed this Agreement DAYS If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to section (1), C.R.S., such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto in their respective names as of, Construction_Contract-Bid 9(j) - Page 31

32 Sheridan Boulevard Crosswalk Modifications THE CITY AND COUNTY OF BROOMFIELD, a Colorado municipal corporation and county ATTEST: Mayor One DesCombes Drive Broomfield, CO City and County Clerk APPROVED AS TO FORM: City and County Attorney STATE OF COLORADO ) ) ss. City and County of Broomfield ) The foregoing instrument was acknowledged before me this day of, 2012, by as Mayor of the City and County of Broomfield, a Colorado municipal corporation and county. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: 8 Construction Contract-Bid 9(j) - Page 32

33 Sheridan Boulevard Crosswalk Modifications Thoutt Bros Concrete Contractors, Inc., a Colorado corporation By: Address: ATTEST: Secretary STATE OF COLORADO ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of 2012, by as (President)(Manager) of. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: 9 Construction_Contract-Bid 9(j) - Page 33

34 Sheridan Boulevard Crosswalk Modifications EXHIBIT A SCOPE OF WORK Contractor s Bid Form 10 Construction_Contract-Bid 9(j) - Page 34

35 Sheridan Boulevard Crosswalk Modifications 11 Construction_Contract-Bid 9(j) - Page 35

36 Sheridan Boulevard Crosswalk Modifications 12 Construction_Contract-Bid 9(j) - Page 36

37 Sheridan Boulevard Crosswalk Modifications EXHIBIT B INSURANCE REQUIREMENTS 13 Construction_Contract-Bid 9(j) - Page 37