biddoc.pdf

City of Commerce City RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

August 10, 2026

REQUEST FOR PROPOSALS

Fleet Upfitting Services

RFP-PW-26-030

City of Commerce City, Colorado Public Works

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

TABLE OF CONTENTS

Section Page

1. INVITATION 3

2. SELECTION SCHEDULE/KEY DATES 4

3. COMMERCE CITY INFORMATION 5

4. SCOPE OF SERVICES 6

5. PROPOSAL FORM 10

6. SELECTION AND INTERVIEW PROCESS 18

7. MISCELLANEOUS 19

8. METHOD OF SUBMITTAL 20

9. DRAFT CONTRACT (Attachment A) 21

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

1. INVITATION

The City of Commerce City (“City”) is soliciting proposals from qualified vendors (“Respondents”) to provide upfitting services for police and emergency vehicles in three categories: Initial Upfits, Service, Retrofits, and Small Upfits, and Parts as more fully detailed in Section 4, Scope of Services. Each category will be evaluated and awarded independently.

Vendors are not required to respond to all categories.

This RFP provides a general description of services anticipated, submittal requirements, outlines selection criteria, and the selection process. A response to this RFP (“Proposal”) should serve as a complete approach to providing the services. Joint submittals are encouraged to ensure the ability to provide all services requested in this scope. Any proposed subcontractors/team members must be identified and their roles clearly defined in the Proposal.

The City intends to execute a contract with the selected Respondent(s) on a non-exclusive basis for an initial 1-year term with an option to renew for four additional 1-year terms, subject to annual appropriation. Any selected Respondent will be expected to enter into a Professional Services Agreement (Attachment A) with the City consistent with the terms of this RFP.

Submission requirements and deadlines are detailed in Sections 2 and 6 of this RFP:

The City uses the Rocky Mountain E-Purchasing System (BidNet) in the advertisement and facilitation of solicitations. Respondents must only rely on documents provided online through BidNet or received directly from the Procurement official.

www.bidnetdirect.com//city-of-commerce-city

Questions regarding RFP requirements must be submitted online through BidNet prior to the deadline included in Section 2.

The City reserves the right to modify this RFP or the selection process, to cancel this RFP, to reject or accept any Proposal, and to waive any informalities or irregularities in any Proposal, without liability, at any time.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

2. SELECTION SCHEDULE /KEY DATES

The solicitation and selection process includes the following steps and schedule:

Publication and distribution of RFP: Tuesday, August 10, 2026

Question submission deadline: Tuesday, September 01, 2026 (5:00 p.m. MT)

Proposal submission deadline: Thursday, September 10, 2026 (2:00 p.m.

MT)

Review period (anticipated): 2 week(s)

Interviews (if any) (anticipated): Week of October 12, 2026

Selection (anticipated): Monday, October 19, 2026

Respondent submits insurance and other required documentation:

Within ten (10) calendar days of Notice of Intent to Award

The City reserves the right to modify this schedule as needed. Date for responses to questions and dates after the submission deadline are anticipated dates; modifications of those will not be posted.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

3. COMMERCE CITY INFORMATION

Community Context

The City of Commerce City, Colorado is located in the rapidly growing Denver-metro area, just eight miles northeast of Denver in Adams County. The city is surrounded by the communities of Brighton, Denver, Aurora, and Thornton, several wildlife parks (Barr Lake State Park to the north and the Rocky Mountain Arsenal National Wildlife Refuge to the east), and the Denver International Airport (DIA). A key feature of the city is its location along major regional travel routes (roadways (I-76, I-270, and E-470), railways (Burlington Northern/Santa Fe and Union Pacific), and air (Denver International Airport), which has helped to retain a strong industrial base for the city’s economy.

About Commerce City

As one of the state’s fastest growing cities, Commerce City is redefining itself for the next generation, building on historic values of community, industry, agriculture and family. Centrally located Colorado’s bustling Front Range, Commerce City is a Quality Community for a Lifetime, with 25 miles of trails, a championship golf course, 840 acres of open space and parks, one of the country’s largest soccer complexes and the nation’s largest urban wildlife refuge. Learn more at www.c3gov.com.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

4. SCOPE OF SERVICES

Intent

The City intends to contract with the vendor(s) that provide the best overall value, reliability, quality of workmanship, and long-term support for each of the three categories identified in this

RFP:

Category A: Initial Upfits Category B: Service, Retrofits, and Small Upfits Category C: Parts

The initial term of each contract is one year with four additional one-year renewal options.

Proposed pricing must remain firm during each contract term; however, the awarded vendor will have the opportunity to request an annual increase based on the appropriate Consumer Price Index (CPI) or Producer Price Index (PPI).

Respondents are not required to submit proposals for all categories.

The City may award one or multiple vendors for each category and reserves the right to assign work based on performance, workload, specialty, or City operational needs.

Cooperative Procurement

Commerce City encourages cooperative procurement in an effort to assist other agencies to reduce their cost of procurement and to make better use of taxpayer dollars through volume purchasing.

Awarded vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service described herein. Usage by any entity shall not have a negative impact on the City in the current term or in any future terms.

The awarded vendor(s) must deal directly with any governmental agency concerning the placement of purchase orders/agreements, charges, contractual disputes, invoices, and payments.

The City shall not be liable for any costs or damages incurred by any other entity

General Requirements for All Categories

The awarded vendor(s) must:

1. Submit detailed quotes with installation notes on an as-needed basis for review and approval by Public Works staff before proceeding with work on a city-owned vehicle.

Quotes must be provided within 5 business days of request and include part numbers, labor hours, wiring notes, mounting locations, and estimated completion times. Once approved, any changes to the original quote, including brand substitutions and mounting locations, must be approved by City staff in writing.

2. Provide Whelen, Gamber, and Setina brands at a minimum.

3. Exclusively use new parts for all work under this contract. The City will not accept pre-owned or refurbished parts.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

4. Comply with all manufacturer authorization requirements such as training and certifications, to install and sell all brands included in the contract. Certifications must be provided annually or upon request.

5. Store all City-owned vehicles in a secure lot or indoors. Storage area must be equipped with 24/7 vehicle surveillance or monitored access. Vehicles must not be stored offsite or moved between locations without prior written approval.

6. Ensure that any work completed on vehicles does not void an Original Equipment Manufacturer (OEM) warranty. If the City requests work that could potentially void a warranty, the awarded vendor must notify the City Fleet and Facilities Manager.

7. The awarded vendor must provide minimum 1-year full warranty on all work.

Workmanship warranty covers labor, wiring, mounting, programming, and integration issues.

8. Vendor must respond to warranty claims within 48 hours and complete repairs within 10 business days unless parts are backordered.

9. Warranty on parts begins only when City takes possession of the completed unit.

10. Maintain upfit documentation throughout all years of contract.

11. Be responsible for all safety training, procedures, and requirements.

12. Provide the City manufacturer’s list pricing annually.

Category A: Initial Upfit Requirements

1. The awarded vendor(s) must complete annual city upfits within the agreed-upon time. An annual upfit list will be provided to the awarded vendor(s) each January. Vehicle make and model and upfitting requirements are subject to change annually.

2. Awarded vendor must hold WeCV certification.

3. Refer to the exhibits listed below for 2027 vehicle upfit requirements. There are approximately 22 upfits planned for 2027.

Exhibit A – 2026 Command Tahoe Diagram

Exhibit B – 2026 Command Tahoe Specifications

Exhibit C – 2026 Stealth and Patrol Sgt. Tahoe Diagram

Exhibit D – 2026 Sgt. Tahoe Specifications

Exhibit E – 2026 Stealth Patrol Tahoe Specifications

4. The awarded vendor must coordinate vehicle pickup from the dealer and delivery to Commerce City once upfit is complete if outside of a 50-mile radius of Commerce City’s Municipal Services Center.

5. Vendor is responsible for loss or damage to vehicle after custody transfer if the damage is the result of action taken by the vendor and not an unforeseen natural event.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

6. Awarded vendor must inspect vehicles upon receipt noting damage, odometer, and keys/fobs.

7. Vendor must provide progress reports to the City upon request or provide access to a shared scheduling/tracking sheet so City staff have regular access to updates.

8. Vendor must protect vehicle interior during upfit. Any damage incurred as the result of the upfit must be repaired at the awarded vendor’s expense.

9. Awarded vendor must follow OEM upfitter guides and must document any circuits tapped or modified. The City must be notified in writing of any deviation from OEM-recommended practices and must provide approval in advance.

10. Vendor must provide photos to the City at key stages upon request (e.g. console wiring, routing, penetrations, electronics tray).

11. A wiring diagram must be provided for each upfit showing circuits, colors, fuse sizes, and routing.

12. Standardized labeling for all circuits and harnesses is required for all C3 upfits.

13. Upon completion of the initial upfit, the awarded vendor must notify City staff so an inspection can be done. Any deficiencies must be corrected within 10 business days. No additional upfits may begin until deficiencies in the first unit are corrected and the unit passes final inspection.

14. All vehicles must be returned clean, free of debris, wire trimmings, and metal shavings.

15. The awarded vendor is fully responsible for the work of any subcontractor, who must also maintain required certifications.

16. It is the City’s preference to receive no more than two invoices per vehicle upfit unless the City initiates a scope change. Vehicle unit number or the last six digits of the Vehicle Identification Number (VIN) must be referenced on the invoice.

Category B: Service, Retrofits, and Small Uplift Requirements

1. Awarded vendor(s) must provide service, retrofits, and small upfits on an as-needed basis.

2. Awarded vendor must hold WeCV certification.

3. The awarded vendor must coordinate vehicle pickup from the dealer and delivery to Commerce City once upfit is complete if outside of a 50-mile radius of Commerce City’s Municipal Services Center.

4. Upfitting requirements outlined for Category A apply to small upfits completed under Category B.

5. When completing a retrofit, the awarded vendor must provide documentation of returned or removed parts.

6. It is the City’s preference that the awarded vendor provide prioritized services for City emergency response vehicles when requested (e.g. patrol car with malfunctioning lights)

7. A minimum of 48 hours advance notice of delays is required if the schedule included in the quote cannot be met.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

8. It is the City’s preference to receive no more than two invoices per upfit unless the City initiates a scope change.

Category C: Parts Requirements

1. Awarded vendor(s) must provide parts on an as-needed basis.

2. OEM packaging is preferred unless otherwise approved by the City.

3. Vendor must notify the City within 24 hours when backorders occur.

City Oversight

A designated individual will be responsible for management of the contract for the City (“Project Manager”). The City will provide reasonable assistance to the awarded vendor as needed during the contract term.

City Holidays

City Holidays currently include: New Year's Day; Martin Luther King Day; President's Day;

Memorial Day; Juneteenth; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day;

Day After Thanksgiving; Christmas Day.

Contract Requirements

Awarded Respondent will perform all Services in accordance with the executed Professional Services Agreement. Please refer to Attachment A for all contract requirements, including insurance, indemnification, compensation, termination, and payment standards.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

5. PROPOSAL FORM

The Proposal must be typed or computer generated and submitted in the format described below.

Proposals (not including examples of previous work) shall be no more than 25 pages (8.5” x 11”) with a minimum font size of 11 point. Marketing materials are discouraged and will count toward the 25-page maximum. The City requests that only information relevant to the Proposal be included. Proposals that do not meet the mandatory requirements herein may be considered non-compliant and may be rejected.

Respondents may request parts of their Proposals to remain confidential and must indicate such in the Proposals and on the appropriate proprietary or financial pages; provided, under no circumstances may an entire Proposal be marked or identified as proprietary. The City will take reasonable steps to keep confidential only documents actually prevented from disclosure under the Colorado Open Records Act (“CORA” or “Act”), C.R.S. § 24-72-201, et seq., which efforts may include notifying the Respondent of a CORA request and allowing the Respondent to take steps to prevent disclosure, where and when it is reasonably possible to do so. By submitting a Proposal, each Respondent releases the City from any claim of damage or loss arising from the release of confidential or proprietary information not clearly designated as such by a Respondent, from the City’s disclosure of such information following the City’s prior notification to the Respondent, and from any claims arising from the release of documents not protected from disclosure under the Act.

Proposals must be submitted online through BidNet and include the following items in the order listed.

All respondents must submit a response to Items 1 and 2.

1. Cover Letter: Submit a cover letter identifying the name, address, email address, and telephone number of a contact person authorized to represent the Respondent and include their signature. The letter should also include:

a. Any criteria expected by the City that Respondent will not provide.

b. Whether your company has had a contract terminated for cause in the last 5 years.

If yes, provide details.

c. Any exceptions or proposed changes to the draft Professional Services Agreement (Attachment A).

2. Experience & Qualifications

a. Submit a narrative outlining your firm’s history, experience, and qualifications.

Include the number of years operating and the location of your primary location.

Include any specific qualifications that demonstrate your ability to provide comprehensive assistance in keeping the City’s emergency fleet fully operational.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

b. Provide an organizational chart for your firm identifying those that will work on this contract. Provide background for each proposed staff member including the time spent at the company and any specialized certifications or training.

c. Identify the primary point of contact for each category proposed. Include contact information.

d. Submit three to five references, with contact information including email addresses, for contracts like the category your firm is responding to. Include a brief description of the work done under the contracts.

3. Methodology and Approach to Meeting City Requirements & Proposed Pricing Respondents must submit requested information for each category you choose to submit for. Clearly indicate the category you are responding to in your proposal.

Category A: Initial Upfits

a. Provide a narrative outlining your ability to meet the General and Initial Upfit Requirements identified in Section 4. List authorized dealer/distributor status for major brands.

b. Confirm that your company complies with all manufacturer authorization requirements, such as training and certifications, to install and sell all brands included in your proposal.

c. What is the maximum number of vehicles your firm can hold, build, or process at one time? What is the average turnaround time per unit?

d. Describe your firm’s proposed workflow (intake, build, quality control, release).

Include information on how deficiencies are tracked and corrected.

e. How does your firm communicate updates and progress reports? Identify shared tools proposed to achieve this.

f. Identify your firm’s process “first unit” inspection process to standardize all remaining units as referenced is Section 4, Category A, Item 12. Include a tentative timeline for first unit completion with the rate remaining vehicles will be completed.

g. Describe how you handle change orders, cancellations, or alterations to the initial scope.

h. Summarize factors that influence lead times and describe what your firm does to mitigate long lead times.

i. Outline how your firm would approach a conflict between an upfitter and the vehicle manufacturer/dealer.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

j. Detail your process for documenting upfits as required in Section 4. Include sample documentation such as:

wiring diagrams programming files build sheets installation photos

k. Describe your approach to providing customer service after work has been completed.

l. Provide detailed description of full warranty, labor warranty, and manufacturer warranty offerings and processes. Include process for making a warranty claim.

m. Provide an overview of the security measures in place to protect City vehicles.

n. Describe your firm’s methodology for calculating labor rates.

o. List additional goods and services provided by your firm.

Category A Pricing

a. Submit pricing for 2027 vehicle upfits identified in Exhibits A – E:

Command Tahoe Upfit

Patrol Sgt. Tahoe Upfit

Patrol Tahoe Upfit

Pricing must include all labor costs, service labor costs, transportation costs and all fees related to upfits.

b. To ensure consistent pricing for future upfit projects, vendors must provide standard discount percentages off MSRP or the manufacturers’ published pricing for the following required brands:

Whelen

Gamber

Setina

c. Submit proposed discounts for the additional brands listed below. Please note if multiple discount levels exist in your response.

Acek9/Radiotronics (K9 electronics)

American Aluminum (K9 Inserts, vaults, prisoner inserts)

Angel Armor (vehicle ballistic armor)

Code3 / ECCO (lights, sirens, controllers)

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

Decked Truck Drawers (truck drawers, tool boxes)

Federal Signal (lights, sirens, controllers, message boards)

Go Light (electronic search lights)

Havis (consoles, computer mounts, K9 inserts, prisoner inserts)

Intermotive (Black out Module, ignition security systems)

Pro-Gard (prisoner cages, push bumpers, gunracks, armor)

Sound off Signal (lights, sirens, controllers)

Stalker Radar (radars)

Troy Products (consoles, computer mounts, prisoner cages, vaults, and more)

Truckvault (vehicle vaults)

Unity Manufacturing (Spotlights)

d. Provide the following rates:

Standard hourly rate for in-shop work

Standard hourly rate for off-site work (e.g. work completed at Municipal Service Center)

Hourly rate for unscheduled or emergency work

Service call charge, if applicable

Oversized freight charges, if applicable

e. Submit pricing for value-add items identified in your response and all other discounts offered by your firm.

Category B: Services, Retrofits, and Small Upfits

a. Provide a narrative outlining your ability to meet the General and Services, Retrofits, and Small Upfit Requirements identified in Section 4. List authorized dealer/distributor status for major brands.

b. Confirm that your company complies with all manufacturer authorization requirements, such as training and certifications, to install and sell all brands included in your proposal.

c. What is the maximum number of vehicles your firm can hold, build, or process at one time? What is the average turnaround time per unit?

d. Describe your firm’s proposed workflow (intake, build, quality control, release).

Include information on how deficiencies are tracked and corrected.

e. How does your firm communicate updates and progress reports? Identify shared tools proposed to achieve this.

f. Outline your firm’s diagnostic and troubleshooting capabilities including:

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

Process for diagnosing electrical issues

Tools used (scan tools, multimeters, CAN/LIN diagnostics)

g. Identify your emergency/priority service process.

h. Describe how you handle change orders, cancellations, or alterations to the initial scope.

i. Summarize factors that influence lead times and describe what your firm does to mitigate long lead times.

j. Outline how your firm would approach a conflict between an upfitter and the vehicle manufacturer/dealer.

k. Detail your process for documenting small upfits and include sample documentation.

l. Include examples of retrofits completed by your firm.

m. Describe your approach to providing customer service after work has been completed.

n. Provide detailed description of full warranty, labor warranty, and manufacturer warranty offerings and processes. Include process for making a warranty claim.

o. Provide an overview of the security measures in place to protect City vehicles.

p. Describe your firm’s methodology for calculating labor rates.

q. List additional goods and services provided by your firm.

Category B Pricing

a. Provide standard discount percentages off MSRP or the manufacturers’ published pricing for the following required brands:

Whelen

Gamber

Setina

b. Submit proposed discounts for the additional brands listed below. Please note if multiple discount levels exist in your response.

Acek9/Radiotronics (K9 electronics)

American Aluminum (K9 Inserts, vaults, prisoner inserts)

Angel Armor (vehicle ballistic armor)

Code3 / ECCO (lights, sirens, controllers)

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

Decked Truck Drawers (truck drawers, tool boxes)

Federal Signal (lights, sirens, controllers, message boards)

Go Light (electronic search lights)

Havis (consoles, computer mounts, K9 inserts, prisoner inserts)

Intermotive (Black out Module, ignition security systems)

Pro-Gard (prisoner cages, push bumpers, gunracks, armor)

Sound off Signal (lights, sirens, controllers)

Stalker Radar (radars)

Troy Products (consoles, computer mounts, prisoner cages, vaults, and more)

Truckvault (vehicle vaults)

Unity Manufacturing (Spotlights)

c. Provide the following rates:

Standard hourly rate for in-shop work

Standard hourly rate for off-site work (e.g. work completed at Municipal Service Center)

Hourly rate for unscheduled or emergency work

Service call charge, if applicable

One-way transportation fee for pick up or delivery of vehicle from the Municipal Service Center

Oversized freight charges, if applicable

d. Submit pricing for value-add items identified in your response and all other discounts offered by your firm.

Category C: Parts

a. Provide a narrative outlining your ability to meet the General and Parts Requirements identified in Section 4.

b. Provide a list of parts manufacturers your firm can supply along with warranty information.

c. Describe how your firm will ensure chain-of-custody on all City owned parts in your possession.

d. Summarize factors that influence lead times and describe what your firm does to mitigate long lead times.

e. Describe how you maintain in-stock quantities of commonly used parts and frequently back-ordered items.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

f. Outlined your approach to notifying the City staff of delays.

g. Describe how your firm would package and label parts for City inventory.

h. List additional goods and services provided by your firm.

Category C Pricing

a. Provide standard discount percentages off MSRP or the manufacturers’ published pricing for the following required brands:

Whelen

Gamber

Setina

b. Submit proposed discounts for the additional brands listed below. Please note if multiple discount levels exist in your response.

Acek9/Radiotronics (K9 electronics)

American Aluminum (K9 Inserts, vaults, prisoner inserts)

Angel Armor (vehicle ballistic armor)

Code3 / ECCO (lights, sirens, controllers)

Decked Truck Drawers (truck drawers, tool boxes)

Federal Signal (lights, sirens, controllers, message boards)

Go Light (electronic search lights)

Havis (consoles, computer mounts, K9 inserts, prisoner inserts)

Intermotive (Black out Module, ignition security systems)

Pro-Gard (prisoner cages, push bumpers, gunracks, armor)

Sound off Signal (lights, sirens, controllers)

Stalker Radar (radars)

Troy Products (consoles, computer mounts, prisoner cages, vaults, and more)

Truckvault (vehicle vaults)

Unity Manufacturing (Spotlights)

c. Provide the following rates:

Standard hourly rate for in-shop work

Standard hourly rate for off-site work (e.g. work completed at Municipal Service Center)

Hourly rate for unscheduled or emergency work

Service call charge, if applicable

Oversized freight charges, if applicable

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

d. Submit pricing for value-add items identified in your response and all other discounts offered by your firm.

4. Potential Conflicts of Interest: List any work that your firm or your proposed sub-contractors are currently performing for the City or for entities within the City.

5. Miscellaneous: Any supplemental information and attachments relevant to the Proposal, Respondent’s qualifications, or Respondent’s approach. Respondents are encouraged to expand upon the specifications to give additional evidence of their ability to provide the Services.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

6. SELECTION & INTERVIEW PROCESS

The City will use a qualitative-based selection process to award the contract, where cost is one of several factors considered. Selection, if any, will be based on the Proposal deemed to be the best value to the City at the City’s sole discretion using the following criteria:

Experience and Qualifications 30% Methodology and Approach to Meeting City Requirements 45% Proposed Pricing 25%

The City may also consider the fact that a Respondent is located within the City.

All proposals will be reviewed and evaluated by the Selection Committee consisting of staff members of various city departments. The City reserves the right to request clarification or additional information from individual Respondents. The City may also consult additional resources for subject matter, expertise, and reference. By submitting a Proposal, Respondent authorizes the City to undertake such investigation as may be necessary to a verify Respondent’s qualifications and reputation. Respondents will execute releases as requested by the City to enable the City to obtain necessary information.

As part of the evaluation process, the City expects to interview some, but not necessarily all, of the Respondents. If selected for an interview, presentations will be limited in time with additional time for questions. Respondents may also be asked to supplement their submittals.

In addition to the criteria stated above, the City may consider without limitation, a Respondent’s financial resources, ability to comply with all legal and regulatory requirements, ability to perform the work and complete all work on time, history of performance, reputation ability to obtain necessary equipment, data, and facilities, and any other factor deemed important by the City, including location within the City. The City may select multiple Respondents to provide Services as needed by the City. Contracts involving expenditures exceeding $250,000 are subject to approval by the City Council; those exceeding $75,000 are subject to approval by the City Manager; those up to $75,000 are subject to approval by a department director.

The City will enter into a negotiation with the selected Respondent(s) regarding fees and Scope of Services. If an agreement cannot be reached with the chosen Respondent(s), the City may initiate negotiations with other Respondent(s). This process may continue until an agreement is reached with a Respondent(s). If the chosen Respondent(s) do not execute a contract within a specific deadline, the City reserves the right to award the contract to other Respondent(s).

The successful Respondent(s) shall commence work only after execution of an acceptable contract and direction from the City to proceed. The Respondent(s) must submit insurance documentation, a completed W-9, and additional documentation as requested by the City before the execution of any contract.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

7. MISCELLANEOUS

A. NO COMMITMENT BY THE CITY. This RFP does not commit the City to award any contract, to pay any costs associated with this RFP, including the preparation or submission of a Proposal, interviews, supplemental Proposals or the negotiation of a contract, or to procure or contract for any services. The decisions of the City with respect to this RFP are final and without recourse to any Respondent. In acceptance of Proposals, the City reserves the right to negotiate further with one or more Respondents in the best interest of the City.

B. CHANGES TO RFP. Revisions to this RFP will be made through addenda published and made available to all Respondents on the City’s website and on the Rocky Mountain E-Purchasing System (RMEPS). Any other communication, spoken and written, formal and informal, received by any representative of any Respondent from sources other than official addendum shall not be effective to vary any term of the RFP.

C. SUBSTANTIVE PROPOSALS. By submitting a Proposal, a Respondents certifies that: (a) the Proposal is genuine and is not made in the interest of, or on behalf of and undisclosed person, firm, or corporation; (b) the Respondent has not directly or indirectly induced or solicited any other Respondents to put in a false Proposal; (c) the Respondent has not solicited or induced any other person, firm, or corporation to refrain or abstain from proposing a Proposal; and (d) the Respondent has not sought by collusion to obtain for themselves any advantage over any other Respondents.

D. RESERVATION OF RIGHTS. The City reserves the right to reject any or all Proposals, in its sole discretion. The City reserves the right to modify this RFP or the selection process, to cancel this RFP, and to waive any informalities or irregularities in any Proposal or in the selection process, without liability, at any time.

E. REQUIRED DOCUMENTS. The selection of any Respondent, and the award of any contract, is dependent on the completion of the Professional Services Agreement, the receipt of the required Certificate of Insurance and applicable endorsements, and the City’s receipt of a completed Certificate of Compliance from the successful Respondent.

F. PROPERTY OF CITY. All Proposals shall become the property of the City, will not be returned, and will become a public record.

G. CONDUCT. Respondents are cautioned not to undertake any activities or actions to promote or advertise their submittals, other than discussions with City staff as described in this RFP. After the release of this RFP, Respondents are not permitted to make any direct or indirect contact with members the City Council, City staff, or media on the subject of this RFP, except in the course of City-sponsored presentations. Violation of these rules is grounds for disqualification of the Respondent.

H. DEBARMENT. Respondents will be qualified, and must disclose to the City, if the Respondent or any of its principals are debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any contract by any Federal department or agency.

H. CONTRACT TERMS. By submitting a Proposal, each Respondent confirms that it has reviewed and accepts the terms and conditions of Attachment A subject to explicit revisions identified in the Respondent’s Proposal. No proposed changes shall be deemed accepted by the City unless explicitly incorporated into the agreement.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

8. METHOD OF SUBMITTAL

Each Respondent must submit a complete Proposal including all information requested in this

RFP.

The City utilizes the Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of solicitations; therefore, Respondents must submit proposals through the Rocky Mountain E-purchasing System (BidNet®) website. Only rely on this web address:

www.bidnetdirect.com//city-of-commerce-city

Proposals that do not meet RFP requirements may be considered non-compliant and rejected.

It is the sole responsibility of each Respondent to ensure its Proposal is received by the City by the date and time stated in this RFP. Proposals not received by the deadline will be considered late and not accepted. Proposals shall not be submitted via facsimile or e-mail.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

9. DRAFT CONTRACT

The contract between a selected Respondent(s) and the City will be substantially in the form of the draft contract contained in Attachment A. Respondents must review the draft contract and identify any proposed changes as “Proposed Changes to the Contract” in the Proposal. The City may consider any proposed changes in selecting a Respondent and awarding the contract but may reject the Proposals and condition the award of the contract on acceptance of a contract without the proposed changes.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

ATTACHMENT A

FORM CONTRACT

A G R E E M E N T

THIS AGREEMENT is made between the CITY OF COMMERCE CITY, a municipal corporation of the State of Colorado (the “City”) and [NAME], a [State] [type of entity] whose address is [address] (the “Contractor”), jointly (“the Parties”).

The Parties agree as follows:

1. COORDINATION AND LIAISON: The Contractor shall fully coordinate all services under the Agreement with the Director of Public Works or delegatee (the “Department

Director”).

2. SERVICES TO BE PERFORMED:

a. As the City directs, the Contractor shall diligently undertake, perform, and complete the services and produce all the deliverables set forth in Exhibit A, Scope of Services, to the City’s satisfaction.

b. The Contractor is ready, willing, and able to provide the services required by this Agreement.

c. The Contractor shall faithfully perform the services in accordance with the standards of care, skill, training, diligence, and judgment provided by highly competent individuals performing services of a similar nature to those described in the Agreement and in accordance with the terms of the Agreement.

3. TERM: The Agreement will commence on [ ] and will expire on [ ] (the

“Term”). The term of this Agreement may be extended by the City under the same terms and conditions by a written amendment to this Agreement four (4) times in increments of one (1) year.

Subject to the City’s prior written authorization, the Contractor shall complete any work in progress as of the expiration date and the Term of the Agreement will extend until the work is completed or earlier terminated by the Department Director.

4. COMPENSATION AND PAYMENT:

a. Budget. The City shall pay, and the Contractor shall accept as the sole compensation for services rendered and costs incurred under the Agreement the line-item amounts set forth in Exhibit A. Amounts billed may not exceed the budget set forth in Exhibit A.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

b. Reimbursable Expenses: There are no reimbursable expenses allowed under the Agreement. All of the Contractor’s expenses are included in Exhibit A.

c. Invoicing: Contractor shall provide the City with a monthly invoice in a format and with a level of detail acceptable to the City including all supporting documentation required by the City.

d. Maximum Contract Amount:

(1) Notwithstanding any other provision of the Agreement, the City’s maximum payment obligation will not exceed ____________________________ AND ___/100

DOLLARS ($________________.00) (the “Maximum Contract Amount”). The City is not obligated to execute an Agreement or any amendments for any further services, including any services performed by Contractor beyond that specifically described in Exhibit A. Any services performed beyond those in Exhibit A are performed at Contractor’s risk and without authorization under the Agreement.

(2) The City’s payment obligation, whether direct or contingent, extends only to funds appropriated annually by the Commerce City’s City Council, paid into the

Treasury of the City, and encumbered for the purpose of the Agreement. The City does not by this

Agreement irrevocably pledge present cash reserves for payment or performance in future fiscal years. The Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of the City.

5. STATUS OF CONTRACTOR: The Contractor is an independent contractor retained to perform professional or technical services for limited periods of time. Neither the

Contractor nor any of its employees are employees or directors of the City.

6. TERMINATION:

a. The City has the right to terminate the Agreement with cause upon written notice effective immediately, and without cause upon thirty (30) days prior written notice to the

Contractor. However, nothing gives the Contractor the right to perform services under the

Agreement beyond the time when its services become unsatisfactory to the City.

b. Notwithstanding the preceding paragraph, the City may terminate the

Agreement if the Contractor or any of its officers or employees are convicted, plead nolo contendere, enter into a formal agreement in which they admit guilt, enter a plea of guilty or otherwise admit culpability to criminal offenses of bribery, kickbacks, collusive bidding, bid-

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022 rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature in connection with Contractor’s business. Termination for the reasons stated in this paragraph is effective upon receipt of notice.

c. Upon termination of the Agreement, with or without cause, the Contractor shall have no claim against the City by reason of, or arising out of, incidental or relating to termination, except for compensation for work duly requested and satisfactorily performed as described in the Agreement.

d. If the Agreement is terminated, the City is entitled to and will take possession of all materials, equipment, tools and facilities it owns that are in the Contractor’s possession, custody, or control by whatever method the City deems expedient. The Contractor shall deliver all documents in any form that were prepared under the Agreement and all other items, materials and documents that have been paid for by the City to the City. These documents and materials are the property of the City. The Contractor shall mark all copies of work product that are incomplete at the time of termination “DRAFT-INCOMPLETE”.

7. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event will any payment or other action by the City constitute or be construed to be a waiver by the City of any breach of covenant or default that may then exist on the part of the Contractor. No payment, other action, or inaction by the City when any breach or default exists will impair or prejudice any right or remedy available to it with respect to any breach or default. No assent expressed or implied, to any breach of any term of the Agreement constitutes a waiver of any other breach.

8. INSURANCE:

a. Required Policies. Contractor will procure and keep in force the following insurance subject to the conditions below, for the duration of this Agreement:

(1) Commercial General Liability Insurance. Comprehensive general liability insurance insuring against any liability for personal injury, bodily injury or death arising out of the performance of the Services with minimum combined single limits of One Million

Dollars ($1,000,000.00) for each occurrence and Two Million Dollars ($2,000,000.00) general aggregate.

(2) Products and Completed Operations Insurance. Products and completed operations insurance insuring against any liability for bodily injury or property damage

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022 caused by the completed Services, with a combined single limit of at least One Million Dollars

($1,000,000).

(3) Comprehensive Automobile Liability Insurance. Automobile

Liability coverage with minimum combined single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000.00) for any one occurrence with respect to each of Contractor’s owned, hired or non-owned vehicles assigned to or used in connection with performance of the Services. If Contractor’s insurance does not cover non-owned or hired vehicles, the requirements of this paragraph shall be met with respect to each such vehicle used in connection with performance of the Service, and Contractor agrees to ensure compliance prior to allowing use of a vehicle not owned by Contractor for such purpose.

(4) Professional Liability Insurance. If Contractor is an architect, engineer, surveyor, appraiser, physician, attorney, accountant or other licensed professional, or if it is customary in the trade or business in which Contractor is engaged, or if the City otherwise deems it necessary, errors and omissions professional liability insurance insuring Contractor against any professional liability with a limit of at least One Million Dollars ($1,000,000.00) per claim and annual aggregate.

(5) Other Insurance. Workers’ compensation insurance (unless

Contractor provides a completed Declaration of Independent Contractor Status Form) and other insurance required by applicable law.

(6) Excess or Umbrella Requirements. For the coverages required in

Section, Contractor shall provide umbrella or excess coverage written on a “follow-form” basis to the underlying policy and in a coverage amount not less than One Million Dollars

($1,000,000.00). In so doing, the coverage shall provide complete protection to the City consistent with the liability limits that may be imposed upon the City pursuant to C.R.S. § 24-10-114, as may be amended.

The limits of any insurance required by this Agreement will not limit Contractor’s liability.

b. Terms of Insurance.

(1) Additional Insured. Except for the professional liability policy, if applicable, and workers’ compensation policy, all required insurance policies shall name the

City as an additional insured and will provide that the City, although named as an additional insured, will nevertheless be entitled to recovery under said policies for any loss occasioned to the

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

City or its officers, employees or agents by reason of the negligence of Contractor or its officers, employees, agents, subcontractors or business invitees. The insurance policies will be for the mutual and joint benefit and protection of Contractor and the City. Such policies will be written as primary policies not contributing to and not in excess of coverages the City may carry.

(2) Qualification; Deductible. Insurance required by this Section will be with companies qualified to do business in the State of Colorado and may provide deductible amounts as Contractor deems reasonable for the Services, but in no event greater than Ten

Thousand Dollars ($10,000.00), and Contractor will be responsible for the payment of any such deductible.

(3) Cancellation. No such policies will be cancelable or subject to reduction in coverage limits or other modification unless previously approved by the City in writing.

(4) Coverage Type. Contractor will identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal Contractor changes to “occurrence,” Contractor will carry a twelve (12) month tail.

Contractor will not do or permit to be done anything that will invalidate the policies.

(5) Garage Keeper Liability: The Contractor shall maintain Garage

Keeper Liability coverage with minimum limits of $1,000,000 per occurrence and $1,000,000 policy aggregate covering claims involving theft, damage to or destruction of vehicle and upfit improvements. If Claims Made, the policy shall be kept in force, or a Tail policy placed, for three

(3) years.

i. Garage Keeper Errors & Omissions: The Contractor shall maintain Garage Keeper Errors and Omissions insurance including liability and product failure coverage with minimum limits of $1,000,000 per occurrence and $1,000,000 policy aggregate.

The policy shall be kept in force, or a Tail policy placed, for three (3) years.

ii. Garage Keeper Errors & Omissions including Cyber

Liability: The Contractor shall maintain Garage Keeper Errors and Omissions insurance including garage keeper liability, network security, privacy liability and product failure coverage with minimum limits of $1,000,000 per occurrence and $1,000,000 policy aggregate. The policy shall be kept in force, or a Tail policy placed, for three (3) years.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

(6) Evidence of Coverage. Before commencing work under this

Agreement, Contractor will provide certificates of insurance policies and all necessary endorsements evidencing insurance coverage required by this Agreement. The City will not be obligated under this Agreement until Contractor provides acceptable certificates of insurance and endorsements. If the Term extends beyond the period of coverage for any required insurance, Contractor will, at least ten (10) days before the expiration of any such insurance coverage, provide the City with new certificates of insurance and endorsements evidencing either new or continuing coverage.

c. Subcontracts. Contractor will include the insurance requirements of this

Agreement in all subcontracts. Contractor will be responsible if any subcontractor fails to procure and maintain insurance meeting the requirements of this Agreement.

9. DEFENSE AND INDEMNIFICATION:

a. Contractor will be liable and responsible for any and all damages to persons or property caused by or arising out of the negligent or willful actions or omissions in the performance of the Services by Contractor, its employees, agents, or other persons acting under the Contractor’s direction or control. Contractor will indemnify and hold harmless the City, as well as its elected and appointed officials current and former officers and employees, servants, volunteers, agents, attorneys, representatives, insurance carriers, and self-insurance pools

(“Indemnified Parties”), from any and all liability claims, demands, actions, damages, losses judgments, costs or expenses, including, but not limited to, attorney fees, which may be made or brought or which may result against any of the Indemnified Parties as a result of or on account of the negligent, grossly negligent, willful and wanton, or intentional actions or omissions of or failure to observe any applicable standard of care by Contractor and/or its employees, agents, or representatives or other persons acting under Contractor’s direction or control. Contractor will include the provisions of this Section in any such subcontracts engaged to perform any part of the

Services. The provisions set forth in this Section will survive the completion of the Services and the satisfaction, expiration or termination of this Agreement.

b. Insurance coverage requirements specified in this Agreement shall in no way lessen or limit the liability of the Contractor under the terms of this indemnification obligation.

The Contractor shall obtain, at its own expense, any additional insurance that it deems necessary for the City’s protection.

RFP-PW-26-030, Fleet Upfitting Services Rev. Nov. 2022

10. TAXES, CHARGES AND PENALTIES: The Contractor shall promptly pay when due, all taxes, bills, debts and obligations it incurs performing the services under the

Agreement and shall not allow any lien, mortgage, judgment or execution to be filed against City property.

11. ASSIGNMENT; SUBCONTRACTING: The Contractor shall not voluntarily or involuntarily assign any of its rights or obligations, or subcontract performance obligations, under this Agreement without obtaining the City’s prior written consent. Any assignment or subcontracting without such consent will be ineffective and void and will be cause for termination of this Agreement by the City. The City has sole and absolute discretion whether to consent to any assignment or subcontracting, or to terminate the Agreement because of unauthorized assignment or subcontracting.