biddoc.pdf

City of Fruita

Little Salt Wash Park Expansion Design

Responses Due:

September 21, 2026, before 2:30 PM (MST)

Purchasing Agent:

MacKenzie Erickson, Procurement and Contracts Specialist merickson@fruita.org

970-858-3663 x 6054

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

Section

1.0 Administrative Information and Conditions for Submittal

2.0 Specifications/Scope of Services

3.0 Preparation and Submittal of Proposals

4.0 Evaluation Criteria and Factors

5.0 Insurance Requirements

6.0 General Contract Terms and Conditions

7.0 Solicitation Response Form

SECTION 1.0 Administrative Information and Conditions for Submittal

1.1 Introduction & General Background

The City of Fruita (the “City”) is requesting proposals from qualified consulting firms, landscape architecture firms, engineering firms, or multidisciplinary teams to provide professional design services for the expansion of Little Salt Wash Park. All proposals shall be submitted and received no later than 2:30 PM (MST) on September 21, 2026 (the “Submission Deadline”). Each qualified professional firm or group of qualified professional firms submitting a proposal pursuant to this Request for Proposals (“RFP”) is hereafter referred to as a “Offeror” and all such qualified contractors are collectively hereafter referred to as “Offerors.” Proposals submitted by Offerors pursuant to this RFP are hereafter referred to as “Proposals” and each is referred to as a “Proposal.”

Electronic Proposals will be accepted through BidNet Direct’s Rocky Mountain E-Purchasing System (“RMEPS”). https://www.bidnetdirect.com/colorado. (City does not have access to or control over the vendor side of RMEPS, and City makes no representation or warranty concerning the operability or accessibility of RMEPS. If website accessibility or operability or other problems with RMEPS arise during Proposal submission, the Offerors MUST contact BidNet Direct to resolve the issue prior to the Submission Deadline. The Submission Deadline will not be changed or extended due to any issues or problems with Proposal submission, through RMEPS or otherwise. Should any such issues or problems arise, contact BidNet Direct at 800-835-4603.)

1.2 Public Opening

Proposal(s) shall be opened publicly in a virtual meeting following the proposal deadline.

Offerors, representatives, and interested persons may be present. Proposals shall be received and acknowledged only so as to avoid disclosure of sensitive information about the proposals or the selection process. Only the company name(s) and business location of the proposing Offeror(s) will be disclosed.

Solicitation Opening, Little Salt Wash Park Expansion Design, RFP-COF-11-26 September 21, 2026, 2:30 – 3:00 PM (America/Denver)

Please join the meeting from a computer, tablet, or smartphone.

https://us02web.zoom.us/j/86755980057?pwd=Mg2XZNVYFa0ye6BBL3qGr3nyboZnDa.1

Meeting ID: 867 5598 0057 Passcode: 726687

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Meeting ID: 867 5598 0057 Passcode: 726687

1.3 Compliance

All Offerors agree and shall agree to comply with all conditions, requirements, and instructions of this RFP as stated herein or otherwise implied hereby. Should City omit anything from this RFP that is necessary to the clear understanding of the scope of services, deliverables, or requirements set out herein, or should it appear that various instructions in this RFP are in conflict, an Offeror must secure instructions or clarifications from City’s Purchasing Division (which may be contacted at: MacKenzie Erickson, City Procurement and Contracts Specialist, merickson@fruita.org) prior to the Submission Deadline. In no circumstance will the Submission Deadline be changed or extended due to omissions or conflicts herein.

1.4 Confidential Material

All materials submitted in response to this RFP shall ultimately become public record and shall be subject to inspection after contract award. “Proprietary or Confidential Information” is defined as any information that is not generally known to competitors and which provides a competitive advantage. Unrestricted disclosure of proprietary information places it in the public domain. Only submittal information clearly identified with the words “Confidential Disclosure” and uploaded as a separate document shall be considered as potentially proprietary under the Colorado Open Records Act (“CORA”), C.R.S. §§ 24-72-

200.1 et seq.. Any material to be treated as confidential or proprietary in nature must include a justification for the request. The request shall be reviewed and either approved or denied by the City as confidential. If denied, the Offeror shall have the opportunity to withdraw its entire proposal, or to remove the confidential or proprietary restrictions.

Neither cost nor pricing information nor the total proposal shall be considered confidential or proprietary.

1.5 Proposal Ownership

All Proposals submitted pursuant to this RFP become the property of City upon receipt, and a Proposal shall only be returned to an Offeror at City’s option. Selection or rejection of a Proposal shall not affect this right. City shall also have the right to use or appropriate all ideas or adaptations of ideas contained in any Proposal, subject only to the limitations outlined in Section 6.21 hereto (titled “Confidential and Proprietary Information”).

Disqualification or rejection of a Proposal does not eliminate City’s right of ownership therein.

1.6 Minimal Standards for Responsible Prospective Offerors

In submitting a Proposal, an Offeror must be able to demonstrate its ability to responsibly perform and comply with the scope of services, deliverables, requirements, and obligations set out in this RFP. Accordingly, in submitting a Proposal, an Offeror must demonstrate or establish that such Offeror:

• Has adequate financial resources, or the ability to obtain such financial resources, as necessary to responsibly perform the Services (defined below) or otherwise comply with the scope of services, deliverables, requirements, and obligations set out herein.

• Is able to comply with the required or proposed completion schedule of the Services (defined below).

• Has a record of performance that is satisfactory to City.

• Has a record of integrity and ethics that is satisfactory to City.

• Is otherwise qualified and eligible to have its Proposal be selected by City and enter into a contract with City for the completion of the Services (defined below).

1.7 Nonconforming Terms and Conditions

A Proposal that includes terms and conditions that do not conform to all the terms and conditions, or any of them, required by or included in this RFP is subject to rejection by City as being non-responsive. City reserves the right to permit an Offeror to withdraw nonconforming terms and conditions from its Proposal prior to a determination by City of Proposal non-responsiveness based on the inclusion or submission of terms and conditions that are nonconforming with this RFP. Alternatively, in the event City rejects a Proposal for being non-responsive to this RFP, City may elect, in its sole discretion, to allow the Offeror of such rejected Proposal to submit a new Proposal that conforms to and satisfies all the terms and conditions required by and included in this RFP.

1.8 Exceptions and Substitutions

All proposals meeting the intent of this RFP will be considered for award. An Offeror taking exception to the specifications does so at the Offeror’s risk. The City reserves the right to accept or reject any or all substitutions or alternatives. When offering substitutions and/or alternatives, the Offeror must state any exception(s) in the section to which the exception(s) pertain(s). Exception/substitution, if accepted, must meet, or exceed the stated intent and/or specification(s). The absence of stated exception(s) indicates that the

Offeror has not taken exception(s), and if awarded a Contract, shall hold the Offeror responsible for performing in strict accordance with the Contract Documents.

1.9 Open Records

All Offerors acknowledge and agree that all Proposals, and any of them, shall be open for public review and inspection after a Proposal is selected by City and a contract for the completion of the Services (defined below) is entered. Trade secrets and confidential information contained in a Proposal and so identified by the Offeror that submitted such Proposal shall be treated as confidential by the City to the extent allowed under the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 – 24-72-206.

1.10 Sales Tax

Under relevant law, City is generally exempt from the Colorado sales tax and the federal excise tax; therefore, all fees defined in or related to this RFP or the Services (defined below) do not and shall not include or reflect taxes.

1.11 Questions and Addenda

Questions about this RFP or the Services will be accepted until August 28, 2026, at 3:00

PM (MDT);

Addenda to this RFP, if any, will all be issued by September 3, 2026, at 4:00 PM (MDT).

RFP Questions:

MacKenzie Erickson, Procurement and Contracts Specialist merickson@fruita.org

All questions, inquiries, comments, or communications pertaining to this RFP or any Proposal (whether regarding the Proposal preparation or submission process, Services (defined below) specifications or scope, or otherwise) must be directed (in writing) to merickson@fruita.org. Communicating directly with City’s Project Manager (defined below) for the Services (defined below) is not appropriate during the public procurement and Proposal submission or review process, and doing so may result in disqualification of an Offeror or rejection of a Proposal.

Any interpretations, corrections, or changes to this RFP, or extensions of or changes to the Submission Deadline, shall be made by way of written addenda to the RFP drafted and adopted by City. Sole authority to authorize such addenda shall be vested in City’s Purchasing Representative. Addenda to the RFP will be issued electronically through RMEPS (available at www.bidnetdirect.com/colorado) and on City’s website, accessible at Fruita.org. An Offeror must acknowledge receipt of all addenda to this RFP in its Proposal using the Solicitation Response Form.

1.12 City Oversight

The Parks and Recreation Director will be responsible for management of the Services on behalf of City (the “Project Manager”). City will provide reasonable assistance to the Offeror of the accepted Proposal in the scheduling of meetings, interpreting City’s policy and procedural requirements that relate to or affect the Services (defined below), researching City’s internal documents, and coordinating with outside agencies and City staff; provided, however City’s foregoing commitments will not limit Offeror’s requirements or obligations to complete the Services (defined below) or to complete and render the services and requirements set forth in this RFP and in all agreements between City and such Offeror regarding the Services. City will rely on the personnel, experience, and expertise of the Offeror of the accepted Proposal to ensure all necessary components of the Services (defined below) and the scope of services and requirements set forth in this RFP and in all agreements between City and such Offeror related to the Services are completed.

SECTION 2.0 SPECIFICATIONS/SCOPE OF SERVICES

2.1 General

All Proposals shall be for qualified professional firms to provide professional services necessary to complete the design of the Little Salt Wash Park Expansion. Little Salt Wash Park is currently eighteen (18) acres in size and is one of City of Fruita's newest parks. Little Salt Wash Park is geared to organized athletics. The City of Fruita’s Parks, Health, Recreation, Open Space, and Trails (PHROST) Master Plan, which was completed in 2021 and can be found on our City website here Fruita-PHROST Master Plan PDF, incorporates the conceptual framework for the Little Salt Wash Park Expansion and is included herein:

This park currently is home to four formal ball diamonds – including a competitive high-school baseball diamond – an open turf area for unprogrammed use, youth soccer, and T-ball, a nine-hole disc golf course, an informal trail network used for recreational off-road biking and cyclocross events, and a stretch of Little Salt Wash. Supporting facilities include bathrooms, shaded playgrounds, pavilions, and paved parking. The park is irrigated by a raw water system located at the northwest corner of the park. The ball fields were found to be well-maintained and adequate for supporting youth and high school programming at a high level of quality. The shade pavilions, covered playgrounds, trails, and restrooms support neighborhood-level family activities and event staging. The trail zone is a unique asset for passive/non-programmed recreational use and create a buffer zone between the heavy activity of the active park zone and the natural character of the wash.

Little Salt Wash Park is heavily programmed for organized sports and the existing parking capacity is exceeded routinely during these times of use. Parking often spills onto 18 Road and into the surrounding residential neighborhoods to the east. A gravel parking lot has been developed on the adjoining property to the south and has reduced parking capacity issues partially, and temporarily. The demand pressures on the flexible open turf space in the southwest corner of the park are increasing, with FPR flag football and youth soccer, Fruita Little League, and Fruita Monument High School using the space heavily. As growth occurs, the participation rates for each of these uses increases.

The recent acquisition of the Wills Property, 5+ acres at the southeast corner of the site, creates the opportunity to increase much needed parking, recreation, and operational capacity of the park. Connecting the existing parking lot to an expanded parking area and new access point to the park (aligned with Sunflower Avenue) will also reduce the traffic pressure on the existing park entry. A buffering zone between the new amenities and the inholding property will contain additional irrigation water storage and pumping infrastructure, while an expanded paved concourse and pavilion(s) will connect the existing entry plaza to the new park space. Pickleball courts, additional multi-purpose field space, a trail connection between 18 Rd and the west end of the parcel, and an edible, learning garden will also be added to the site addressing the proven need for permanent pickleball courts and opportunities for nutrition-based, hands-on outdoor experiences.

Services may include, but are not limited to, the following:

1. Project Management & Coordination

• Conduct kickoff meeting with City staff

• Coordinate regularly with City staff throughout the project

• Maintain project schedule and deliverables

• Prepare meeting agendas and summaries

• Coordinate subconsultants and project communications

2. Existing Conditions & Schematic Review

• Review the existing PHROST Master Plan schematic concept

• Evaluate existing site conditions and constraints

• Review utility availability, drainage, grading, and circulation

• Identify opportunities for phased implementation

3. Public Engagement The selected Offeror shall assist the City with public engagement activities, which may include:

• Public open house or workshop

• Stakeholder meetings

• Public presentation materials and graphics

• Summary of public input and recommendations

4. Conceptual Design The selected Offeror shall prepare conceptual design alternatives and refinement materials that may include:

• Parking layout concepts

• Sunflower Avenue access improvements

• Pickleball court layouts

• Multipurpose artificial turf OR naturel turf field

• To include but not limited to lights and maintenance program for fields.

• Trail and circulation concepts

• Pavilion and gathering spaces

• Landscaping and irrigation concepts

• ADA accessibility considerations

• E-Moto Park Area

• Outdoor basketball court

• Sand volleyball courts

• Outdoor fitness equipment

• Additional lights/dugouts on baseball fields

• Pump Track (for beginners/strider style bikes)

The Consultant shall work collaboratively with City staff to refine a preferred concept.

5. Design Development The selected Offeror shall prepare design development documents, including:

• Preliminary site plans

• Grading and drainage concepts

• Utility coordination

• Landscape concepts

• Irrigation concepts

• To include but not limited to another pond to irrigate a soccer field and a 2nd pump house

• Preliminary construction cost estimates

6. Construction Documents The selected Offeror shall prepare final construction-ready documents, including:

• Site plans

• Grading and drainage plans

• Utility plans

• Landscape and irrigation plans

• Construction details and specifications

• Final opinion of probable construction cost

7. Bidding Assistance The selected Offeror shall provide limited bidding support services, including:

• Responding to contractor questions

• Preparing addenda if necessary

• Assisting the City with bid review

Design documents need to be completed on or before January 31, 2027.

SECTION 3.0 PREPARATION AND SUBMITTAL OF PROPOSALS

3.1 Required Submittals and Proposal

Interested parties or firms shall submit proposals that clearly demonstrate their ability to provide services as outlined above. Submittals shall be organized in the order listed below to facilitate fair and equitable evaluation of the responses. An electronic copy of the proposal shall be submitted and include:

i. Cover Letter – A letter of interest expressing Offeror’s interest in the Services.

Include in such letter of interest a statement regarding Offeror’s time and ability to commit key personnel to the Services during the City’s need for professional design services as budgeted. The letter of interest should also include the name, address, and phone number of the person who will be authorized to make a presentation to City concerning the Proposal on behalf of Offeror.

ii. Company Qualifications, Relevant Services Experience & References – A summary of previous work completed by Offeror and similar to the City’s need for professional design services. Such summary should include at least three (3) specific examples of relevant project experience in Colorado. The summary should also include the dates of completion of such prior, similar projects and the deliverables achieved for such prior projects. In addition to a summary, include a list with a minimum of three (3) references including email addresses, phone numbers, and physical addresses for all such references.

iii. Staff Team and Organization – A brief overview of Offeror’s key personnel who will be devoted to work on the Services described in the scope of work. Include respective job titles, timelines of employment with Offeror, and experience with projects similar to the Servies.

iv. Scope of Services & Deliverables – A proposed scope of services and deliverables for the Services as defined and described in this RFP. The Offeror has the flexibility to use a written narrative or any other appropriate format to demonstrate its capability to fulfill the Scope of Services. This section shall also present a logical progression of tasks and efforts, commencing with the initial steps or tasks and extending to a complete description of all proposed tasks, demonstrating how the RFP objectives will be met.

v. Cost of Services – Each proposal shall include an itemized cost proposal for services and a not-to-exceed amount for the project.

vi. Solicitation Response Form – A completed and signed copy of the Solicitation Response Form found at the end of this RFP.

SECTION 4.0 EVALUATION CRITERIA AND FACTORS

4.1 Method of Evaluation, Limitation and Award

WEIGHTING

VALUES

QUALIFICATION STANDARD

30% Scope of Proposal Does the Proposal address all elements of this RFP?

Does the Proposal show an understanding of the Services objectives, the methodology to be used in completing the Services, and the results/outcomes desired for the Services?

30% Offeror Capability and Reputation

Does the Offeror have the resources, capacity, and support required to complete the Services in their entirety? Does the Offeror have sufficient qualifications?

20% Cost Does the estimated itemized cost proposal and not-to-exceed amount as identified in the Proposal compare favorably with other cost estimates of the City’s Project Manager's and other Proposals?

20% Implementation The offeror has presented a detailed plan to ensure successful completion of the Services by clearly demonstrating their ability to allocate resources, manage timelines, and monitor progress to ensure the desired results are achieved.

Proposals will be evaluated by City in accordance with the criteria and procedures outlined herein. The following parameters will be used to evaluate Proposals (with the weighted values noted below): the rating scale applied to each of the following qualifications and standards shall be from zero (0) to three (3), with zero (0) being does not meet qualifications, one (1) being a poor rating, two (2) being an average rating, and three (3) being an outstanding rating.

City may undertake negotiations with the Offeror that submits the top-rated Proposal based on the evaluation criteria and factors in this RFP, and City will not negotiate with Offerors of lower-rated Proposals unless negotiations with Offerors of higher-rated Proposals are unsuccessful and terminated. City reserves the right to reject any and all Proposals.

4.2 Method of Evaluation, Limitation and Award

4.2.1 Method of Evaluation

A committee designated by City (the “Evaluation Committee”) will select a Proposal and Offeror using a three-step process more fully explained below. The Evaluation Committee will be comprised of to-be-determined City staff members.

First Step: Evaluation and Short List Selection The Evaluation Committee will initially review and select Proposals based on the following criteria reflecting and incorporating the foregoing qualifications and standards:

• Experience and qualifications of Offeror;

• Ability of Offeror to perform Services outlined in this RFP;

• Itemized cost proposal and a not-to-exceed amount for the Services; and

• Offeror references.

The Evaluation Committee shall rank all Offerors and their corresponding Proposals based on the information provided in the respective Proposals and any additional or follow-up information requested of Offerors and provided to the Evaluation Committee.

Following such ranking, a list of no more than five qualifying Offerors will be created (the “Offeror List”).

Possible Second Step: Interviews/Presentations from Short Listed Firms The Evaluation Committee may elect to conduct interviews with, and review presentations by, two or more Offerors concerning their respective Proposals as part of the Evaluation Committee’s Proposal evaluation process. However, such interviews and reviews, if any, will only be conducted if deemed by the Evaluation Committee in its sole discretion as necessary or beneficial to further clarify or distinguish the various Proposals. Offerors acknowledge and understand that no such interviews and reviews may occur, and that the Evaluation Committee has exclusive discretion to determine whether such interviews and reviews are necessary or would benefit the Proposal evaluation process.

Third Step: Retention One Offeror will be selected from the Offeror List (as City may revise or change the same), and any revisions to the scope of Services work will be discussed with such selected Offeror along with Services project-specific cost proposal and not-to-exceed amount modifications.

4.2.2 Limitation and Award

This RFP does not commit City to enter or grant a contract to complete the Services to any Offeror, and this RFP does not obligate City to pay any costs incurred by an Offeror in the preparation and submission of a Proposal. City reserves the right to cancel or change this RFP at any time.

4.2.3 Proposed Timeline and Contract

RFP Issued August 10, 2026 Deadline for Questions August 28, 2026, by 3:00 PM Addenda Posted September 3, 2026, by 4:00 PM Proposal Submission Deadline September 21, 2026, at 2:30 PM Interviews (Tentative) Tentative Award

October 5-9, 2026 October 15, 2026

Contract Begins October, 2026 Design Documents Completed By: January 31, 2027

SECTION 5.0 INSURANCE REQUIREMENTS

5.1 Insurance Requirements

Offeror agrees to procure and maintain, at its own cost, the following policy, or policies of insurance upon or prior to entering the Services Contract. Offeror shall not be relieved of any liabilities, claims, demands, or other obligations assumed pursuant to the Services Contract by reason of Offeror’s failure to procure or maintain any such policy or policies, or by reason of Offeror’s failure to procure or maintain insurance in sufficient amounts, durations, or types.

Offeror shall procure and maintain, and Offeror shall cause each subcontractor hired or retained by Offeror for the Services to procure and maintain, or Offeror shall alternatively ensure the activities of its subcontractors under Consultant’s own policies for, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to City in its sole discretion. All coverages shall be continuously maintained from the date of commencement of services under this RFP or the Services Contract as City may elect. In the case of any claims-make policy, Consultant shall procure the retroactive dates and extended reporting periods necessary to maintain continuous coverage.

Workers' Compensation insurance to cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of Services work under this RFP or the Services Contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,00) disease - each employee.

Comprehensive General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) in the aggregate. Such policy shall be applicable to all premises and operations of Contractor.

Additionally, such policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. Such policy shall also include coverage for explosion, collapse, and underground hazards and contain a severability of interests provision.

Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) in the aggregate with respect to each of Contractor’s owned, hired and/or non-owned vehicles assigned to or used in the performance of Project work. Such policy shall contain a severability of interests provision.

Professional Liability & Errors and Omissions Insurance policy with a minimum of ONE MILLION DOLLARS ($1,000,000) per claim. This policy shall provide coverage to protect the Firm against liability incurred as a result of the professional services performed as a result of responding to this Solicitation. The policy shall contain a severability of interests provision.

The policies required above, except for the Workers' Compensation insurance, Employers' Liability insurance, and Professional Liability insurance, shall be endorsed to include the City, and its officers and employees, as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers, or its employees, shall be excess and not contributory insurance to that provided by Offeror. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Offeror shall be solely responsible for any deductible losses under each of the policies required above.

Failure on the part of the Offeror to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the City may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by

Offeror to the City upon demand, or the City may offset the cost of the premiums against any monies due to Offeror from the City.

SECTION 6.0 GENERAL CONTRACT TERMS AND CONDITIONS

6.1 Acceptance of RFP Terms

A Proposal submitted in response to this RFP shall constitute a binding offer by the submitting Offeror. Acknowledgment of this condition must be indicated in such Proposal’s Cover Letter, and the acknowledgement must be given by an officer or employee of the submitting Offeror legally authorized to execute contracts on behalf of such Offeror. A Proposal submitted in response to this RFP shall constitute acceptance by the submitting Offeror of all terms and conditions set forth herein. An Offeror must identify clearly and conspicuously in its Proposal any variations between such Proposal and the City’s requirements in this RFP. Failure to identify such variations in a Proposal shall be deemed a waiver by the submitting Offeror of any right to subsequently modify the terms of performance specified in the Proposal or set out in this RFP, except as otherwise outlined or specified herein.

6.2 Execution, Correlation, Intent, and Interpretations

Contract documents for the Services shall be signed by City and the Offeror that submits that Proposal ulƟmately selected by the City and EvaluaƟon CommiƩee for compleƟon of the Services (together, the “Services Contract”). By execuƟng the Services Contract, such Offeror (in the capacity of Offeror of the accepted Proposal, and as party to the Services Contract, hereinaŌer the “Consultant”) shall represent and warrant that it has familiarized itself with the local condiƟons under which the Services work is to be performed and correlated their observaƟons of such local condiƟons with the requirements of the Services Contract. All documents that comprise the Services Contract are complementary, and what is required by any party to the Services Contract shall be binding as if required by or imposed on all parƟes thereto. The intenƟon of and with the Services Contract is to include and cover all labor, services, and other items necessary for the proper execuƟon and compleƟon of the Services as defined and contemplated in this RFP and any documents, drawings, and specificaƟons related or aƩached hereto or incorporated or referred to herein. All documents, drawings, and specificaƟons furnished by City for, under, or in relaƟon to this RFP and the Services are and shall remain City property. Such documents, drawings, and specificaƟons are not to be used on any Services or undertaking except for the Services.

6.3 Assignment

No Offeror shall sell, assign, transfer, or convey its Proposal, and Consultant shall not sell, assign, transfer, or convey the Services Contract or any other document, drawing, or specification arising under, relating to, or resulting from the Services Contract or this RFP, in whole or in part, without the prior written approval of City.

6.4 Compliance with Laws

All Proposals, and the Services Contract, must comply with all federal, state, county, and local laws that govern or relate to this RFP, the Services Contract, or the Services, and all the foregoing, and the Proposals and the Services Contract must satisfy all Americans with

Disabilities Act (“ADA”) requirements. By submitting a Proposal and entering the Services Contract, Consultant warrants that it is qualified to assume the responsibilities and render the services described in this RFP and the Services Contract, that Consultant has all requisite corporate authority and professional licenses necessary to enter the Services Contract and complete the Services, and that Consultant is in good standing and authorized to conduct business in the State of Colorado as required by law.

6.5 Disbarment/Suspension

Consultant, by submiƫng a Proposal and entering the Services Contract, cerƟfies and warrants and shall cerƟfy and warrant that Consultant is not presently disbarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transacƟons by or with any government department or agency.

6.6 Conflict of Interest

No public official or City employee shall have a personal or proprietary interest in the Services Contract, this RFP, any Proposal, or any contract or agreement arising under or resulƟng from this RFP.

6.7 Contract

This RFP, and any and all documents and agreements related hereto or submiƩed herewith, and any negoƟaƟons related to any of the foregoing, when properly accepted by City, shall consƟtute a contract equally binding by and between City and an Offeror. The foregoing shall represent the enƟre and integrated agreement between City and an Offeror regarding this RFP; provided, however, the Services Contract, and all document and agreements related thereto or arising thereunder, shall supersede all prior negoƟaƟons, representaƟons, or agreements, either wriƩen or oral, regarding the Services, including Consultant’s Proposal. Notwithstanding the foregoing, the Services Contract, and the documents and agreements related thereto or arising thereunder, may collecƟvely or individually be amended or modified with or by way of change orders, field orders, or amendments executed or otherwise approved by City.

6.8 Cancelation of Solicitation

Any Proposal may be canceled or rejected in whole or in part by City, and City may also reject or refuse, in whole or in part, any response given by an Offeror pursuant to a request for informaƟon or clarificaƟon by City concerning a Proposal. City may exercise the foregoing rights, and any of them, as and when deemed necessary or prudent by City in its sole discreƟon.

6.9 Contract Termination

The Services Contract shall remain in effect unƟl the earlier of any of the following: (1) the Services Contract expires by its terms; (2) City and Consultant enter into one or more new or replacement contracts that supersede the Services Contract; (3) acceptance by City of all Services work; or (4) the Services Contract is terminated by City or by Consultant, in accordance with the terms of the Services Contract, by way of a wriƩen noƟce of cancellaƟon or similarly styled noƟce that states the reasons for such cancellaƟon and the effecƟve date of cancellaƟon, which date must be at least thirty days aŌer such noƟce of cancellaƟon is provided or submiƩed to the non-terminaƟng party.

6.10 Employment Discrimination

By submiƫng a Proposal and entering the Services Contract, Consultant agrees, at all Ɵmes the Services Contract is in effect or otherwise outstanding or Services work is ongoing, to all the following condiƟons:

Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, ciƟzenship status, marital status, veteran status, sexual orientaƟon, naƟonal origin, or any legally protected status except when such condiƟon is a legiƟmate occupaƟonal qualificaƟon reasonably necessary for the normal operaƟons of Consultant.

Consultant shall post in conspicuous places, visible to Consultant’s employees and applicants for employment, noƟces seƫng forth the provisions of this nondiscriminaƟon clause.

Consultant shall, in all solicitaƟons or adverƟsements for employees placed by or on behalf of Consultant, state that such Consultant is an Equal Opportunity Employer.

NoƟces, adverƟsements, and solicitaƟons placed by Consultant in accordance with federal law, rule, or regulaƟon shall be deemed sufficient for the purpose of meeƟng the foregoing requirements of this RFP.

6.11 Ethics

Consultant shall not accept or offer gifts or anything of value from, nor enter into any business arrangement with, any employee, official, or agent of City.

6.12 Failure to Deliver

If Consultant fails to deliver services in accordance with the terms and condiƟons of this RFP and the Services Contract, City, aŌer due oral or wriƩen noƟce to Consultant, may procure such services from other sources and hold Consultant responsible for any costs resulƟng from addiƟonal purchase and administraƟve services related thereto. This remedy shall be in addiƟon to any other remedies that City may have hereunder or under the Services Contract.

6.13 Indemnification

Consultant shall defend, indemnify, and save harmless City and all its officers, employees, insurers, and self-insurance pool, from and against all liability, suits, acƟons, and claims of any character, type, name, nature, or descripƟon brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of Consultant, or of any of Consultant’s agents, employees, subcontractors, or suppliers, in the execuƟon of, or performance under, the Services Contract or any agreements or documents related thereto or arising thereunder or in relaƟon to the Services. Consultant shall pay any judgment, with costs, which may be obtained against City based upon such injuries or damages.

6.14 Oral Statements

No oral statement of any Offeror or any other person shall modify or otherwise affect the terms, condiƟons, or specificaƟons stated in this RFP, and no oral statement of Consultant or any other person shall modify or otherwise affect the terms, condiƟons, or specificaƟons of the Services Contract. All modificaƟons to this RFP and the Services Contract, or either of them, must be made or agreed to by City in wriƟng.

6.15 Expenses

Expenses incurred in the preparation, submission, and presentation of a Proposal, or any of the foregoing, are the sole responsibility of the submitting Offeror and cannot and shall not be charged to City.

6.16 Public Funds/Non-Appropriation of Funds

Funds for the payment of the Services have been provided through City’s budget approved by its City Council for the current fiscal year only. The Taxpayers’ Bill of Rights (“TABOR”) in ArƟcle X, SecƟon 20 to the Colorado ConsƟtuƟon prohibits the obligaƟon and expenditure of public funds by City beyond the fiscal year for which a budget has been approved. Therefore, anƟcipated orders or other obligaƟons that may arise, under the Services Contract or otherwise, past the end of the City’s current fiscal year shall be subject to further budget approval. The Services Contract must and will be subject to, and must contain, a governmental non-appropriaƟon of funds clause. Consultant, by entering the Services Contract, agrees and acknowledges and shall agree and acknowledge that any failure by City to fund Services obligations as a result of TABOR-related monetary constraints shall not give rise to any legal or equitable cause of action against City whatsoever.

6.17 Collusion Clause

Each Offeror, by submiƫng a Proposal, cerƟfies and shall by such submission cerƟfy that it is not a party to any collusive acƟon or any acƟon that is or may be a violaƟon of the federal Sherman AnƟtrust Act of 1890, 15 U.S.C. §§ 1-38, as amended (the “Sherman Act”) Any and all Proposals shall be rejected if there is evidence or reason for City to believe that collusion exists among the Offerors, and any of them, in submiƫng Proposals or if Offerors have violated or may be violaƟng the Sherman Act in submiƩed Proposals. City may or may not, as determined by City’s Purchasing RepresentaƟve in such Purchasing RepresentaƟve’s sole discreƟon, accept future proposals for the same service or commodiƟes from Offerors that parƟcipate in any collusion or violaƟon of the Sherman Act in contravenƟon hereto.

6.18 Gratuities

Each Offeror, by submiƫng a Proposal, warrants and cerƟfies, and shall by such submission warrant and cerƟfy, that no gratuiƟes or kickbacks were paid in connecƟon with this RFP or the submission of such Proposal, nor were any fees, commissions, giŌs, or other consideraƟons made conƟngent upon selecƟng a Proposal or entering the Services Contract. If an Offeror breaches or violates this warranty, City may, at its discreƟon, terminate this RFP or the Services Contract, and both of them, without liability to City.

6.19 Performance of the Contract

In the event of a breach or default of the Services Contract by Consultant, City reserves the right to enforce the performance of the Services Contract in any manner prescribed by law or otherwise allowed under the terms of the Services Contract.

6.20 Public Disclosure Record

If Consultant has knowledge its employee(s), or the sub-contractor(s) retained by or relied upon by Consultant, has an immediate family relaƟonship with a City employee or elected official, Consultant must provide City’s Purchasing RepresentaƟve with the name(s) of such employee(s) or sub-contractor(s). Such idenƟfied employee(s) and sub-contractor(s) must file a public disclosure record, acceptable to City in its sole discreƟon, and a statement of financial interest before Consultant may conduct business with or for City.

6.21 Confidential and Proprietary Information

All Proposals, and all materials submiƩed hereunder or otherwise in response to this RFP, shall ulƟmately become public record and shall be subject to inspecƟon following selecƟon of Consultant and the entering of the Services Contract. As used herein, “proprietary informaƟon” shall mean any informaƟon about an Offeror that is not generally known to its compeƟtors or the public and that may provide a compeƟƟve advantage exercisable against such Offeror. Unrestricted disclosure of proprietary informaƟon, in a Proposal or otherwise, places it in the public domain. Only informaƟon included in a Proposal and clearly idenƟfied with the designaƟon “ConfidenƟal Disclosure,” and uploaded as a separate document from the remainder of a Proposal, shall be considered for treatment by City as proprietary informaƟon. A Proposal that includes material designated by the submiƫng Offeror as proprietary informaƟon by way of a ConfidenƟal Disclosure designaƟon must include a jusƟficaƟon or explanaƟon of why the designated material consƟtutes proprietary informaƟon. The designaƟon and request for treatment as proprietary informaƟon shall be reviewed and either approved or denied by City. If a designaƟon and request is denied by City, the Offeror that submiƩed the Proposal shall have the opportunity to withdraw its enƟre Proposal or to remove the informaƟon in the Proposal designated for ConfidenƟal Disclosure. In no circumstance shall Services cost or pricing informaƟon be considered proprietary informaƟon. AddiƟonally, a total Proposal shall not under any circumstance consƟtute proprietary informaƟon. Any Proposal and informaƟon submiƩed to the City is subject to disclosure pursuant to CORA.

6.22 Withdrawal or Modifications of Offers

An Offeror may, by way of a wriƟng submiƩed to City, modify or withdraw a Proposal at any Ɵme prior to the Submission Deadline.

6.23 Acceptance

Any Proposal received by City and not withdrawn by the submiƫng Offeror prior to the Submission Deadline is and shall be considered an offer by such Offeror, which offer may be accepted by City based on the Proposal without further discussion or negoƟaƟon. By submiƫng a Proposal in response to this RFP, an Offeror agrees its Proposal may be accepted by City at any Ɵme within ninety (90) calendar days from the date of the Submission Deadline. City reserves the right to: (a) reject any or all Proposals, (b) waive informaliƟes and minor irregulariƟes in Proposals received, and/or (c) accept any porƟon of a Proposal if deemed by City, in its sole discreƟon, to be in City’s best interest. Failure of an Offeror to provide in its Proposal any informaƟon requested in or required by this RFP may result in rejecƟon of all or any of such Proposal for non-responsiveness.

6.24 Proposal Preparation Cost

The costs incurred by an Offeror in preparing or submiƫng a Proposal, including without limitaƟon as to securing any bid bond, are not reimbursable costs, and City shall have no responsibility or obligaƟon to pay or reimburse an Offeror for such costs. Proposal preparaƟon and presentaƟon shall be undertaken at an Offeror’s sole expense and is such Offeror’s total and sole responsibility.

6.25 Award

The EvaluaƟon CommiƩee will make an Offeror List, and City will ulƟmately select Consultant, by applying the evaluaƟon criteria and factors listed in this RFP to the Proposals so as to ascertain the Services best value as determined by City in its sole discreƟon. As used herein, "best value” means the expected outcome that, in the City’s sole esƟmaƟon, provides the greatest overall benefit in relaƟon to the Services and the requirements detailed in this RFP.

City reserves the right to reject any or all Proposals, to not enter the Services Contract, and to otherwise not proceed with the Services.

6.26 Substantive Proposals

By submiƫng a Proposal in response to this RFP, an Offeror cerƟfies: (a) its Proposal is genuine and is not made in the interest of, or on behalf of, an undisclosed person, firm, or corporaƟon; (b) it has not directly or indirectly induced or solicited any other Offerors to put in a false or sham Proposal; (c) it has not solicited or induced any other person, firm, or corporaƟon to refrain or abstain from proposing or submiƫng a Proposal; (d) it has not sought by collusion to obtain for itself any advantage over any other Offerors or over City;

and (e) it has not violated or caused any person to violate, and shall not violate or cause any person to violate, City’s Code of Ethics contained in Chapter 2.70 of the City’s Municipal Code. By entering the Services Contract, Consultant shall thereby again make the foregoing cerƟficaƟons.

6.27 Non-Colorado Entities

Before entering the Services Contract, Consultant must comply with C.R.S. §§ 7-90-801 (“Authority to transact business or conduct acƟviƟes required”) and 7-90- 802 (“Consequences of transacƟng business or conducƟng acƟviƟes without authority”). Should

Consultant be an enƟty organized under the laws of a foreign state other than the State of Colorado, or should Consultant otherwise be operaƟng outside the State of Colorado, Consultant must, before entering the Services Contract, obtain authorizaƟon to do business in the State of Colorado, designate a place of business in the State of Colorado, and appoint an agent in the State of Colorado for service of process. In all circumstances, Consultant must furnish City with a cerƟficate from the Colorado Secretary of State confirming Consultant’s current authority to conduct business in the State of Colorado. Consultant shall also provide to City a cerƟfied copy of the designaƟon of place of business and appointment of agent for service of process in Colorado from the Colorado Secretary of State, or a leƩer from the Colorado Secretary of State staƟng such designaƟon of place of business and agent for service of process has been made.

6.28 Colorado Governmental Immunity Act

Nothing in this RFP, and nothing in the Services Contract, shall consƟtute a waiver by City of any provisions of the Colorado Governmental Immunity Act (“CGIA”), C.R.S. §§ 24-10-101 – 24-10-119, as may be amended from Ɵme to Ɵme. In all circumstances, the CGIA and its limits shall apply to this RFP, the Services Contract, and the Services, and all work related to any of the foregoing.

SECTION 7.0 SOLICITATION RESPONSE FORM

Solicitation Response Form Bid Date: ___________________________________ RFP: Little Salt Wash Park Expansion Design Bidding Company: _________________________________________________________________ Name of Authorized Agent___________________________________________________________ Email____________________________________________________________________________ Telephone_____________________________ Address____________________________________ City_____________________________________________State___________Zip_______________ The undersigned Offeror, in compliance with the RFP and having examined the Instruction to Offerors, General Contract Conditions, Statement of Work, Specifications, and other portions of the RFP, as well as any and all Addenda to the RFP, and having investigated the location of, and conditions affecting, the proposed Services work, hereby proposes to furnish all labor, materials and supplies, and to perform all work, for the Services in accordance with Services Contract, within the time set forth and at the prices stated below. These prices are to cover all expenses incurred in performing the Services work required under the Services Contract, of which the RFP and this Solicitation Response Form are a part.

The undersigned Offeror does hereby declare and stipulate that its Proposal is made in good faith without collusion or connection to any other Offerors and that its Proposal is made pursuant and subject to all terms and conditions of the RFP and any Addenda thereto, all of which have been examined by the undersigned Offeror.

The undersigned Offeror also agrees, if awarded the Services Contract, to provide insurance certificates within ten

(10) working days of the date of notification of award…