biddoc.pdf

City of Fruita

Little Salt Wash Expansion Conceptual Design

Request for Qualifications

Responses Due:

October 6, 2026, before 2:30 PM (MST)

Purchasing Agent:

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

970-858-3663 x 6054

REQUEST FOR QUALIFICATIONS

TABLE OF CONTENTS

Section

1.0 Administrative Information and Conditions for Submittal

2.0 Specifications/Scope of Services

3.0 Preparation and Submittal of Statement of Qualifications

4.0 Evaluation Criteria and Factors

5.0 Insurance Requirements

6.0 General Contract Terms and Conditions

7.0 Solicitation Response Form

8.0 Sample Consultant Agreement

SECTION 1.0 Administra5ve Informa5on and Condi5ons for Submi<al

1.1 Introduction & General Background

The City of Fruita (the “City”) is requesting qualifications from qualified professional firms to provide professional services necessary to prepare conceptual landscape plans for the Little Salt Wash Park Expansion Conceptual Design. All statements of qualifications shall be submitted and received no later than 2:30 PM (MST) on October 6, 2026 (the “Submission Deadline”). Each qualified professional firm or group of qualified professional firms submitting a Statement of qualifications pursuant to this Request for Qualifications (“RFQu”) is hereafter referred to as a “OSeror” and all such qualified contractors are collectively hereafter referred to as “OSerors.” Statements of qualifications submitted by OSerors pursuant to this RFQu are hereafter referred to as “SOQs” and each is referred to as a “SOQ.”

Electronic SOQs 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 SOQ submission, the OSerors 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 SOQ submission, through RMEPS or otherwise. Should any such issues or problems arise, contact BidNet Direct at 800-835-4603.)

1.2 Public Opening

SOQ(s) shall be opened publicly in a virtual meeting following the SOQ deadline. OSerors, representatives, and interested persons may be present. SOQs shall be received and acknowledged.

Only the company name(s) and business location of the proposing OSeror(s) will be disclosed.

Solicitation Opening, Little Salt Wash Expansion Conceptual Design, RFQu-COF-13-26

October 6, 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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1.3 Compliance

All OSerors agree and shall agree to comply with all conditions, requirements, and instructions of this RFQu as stated herein or otherwise implied hereby. Should City omit anything from this RFQu 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 RFQu are in conflict, an OSeror 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 RFQu 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 OSeror shall have the opportunity to withdraw its entire SOQ, or to remove the confidential or proprietary restrictions. Neither cost nor pricing information nor the total SOQ shall be considered confidential or proprietary.

1.5 SOQ Ownership

All SOQs submitted pursuant to this RFQu become the property of City upon receipt, and a SOQ shall only be returned to an OSeror at City’s option. Selection or rejection of a SOQ shall not aSect this right. City shall also have the right to use or appropriate all ideas or adaptations of ideas contained in any SOQ, subject only to the limitations outlined in Section 6.21 hereto (titled “Confidential and Proprietary Information”). Disqualification or rejection of a SOQ does not eliminate City’s right of ownership therein.

1.6 Minimal Standards for Responsible Prospective OJerors

In submitting a SOQ, an OSeror 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 RFQu.

Accordingly, in submitting a SOQ, an OSeror must demonstrate or establish that such OSeror:

• 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 SOQ 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 SOQ 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 RFQu is subject to rejection by City as being non-responsive.

City reserves the right to permit an OSeror to withdraw nonconforming terms and conditions from its SOQ prior to a determination by City of SOQ non-responsiveness based on the inclusion or submission of terms and conditions that are nonconforming with this RFQu. Alternatively, in the event City rejects a SOQ for being non-responsive to this RFQu, City may elect, in its sole discretion, to allow the OSeror of such rejected SOQ to submit a new SOQ that conforms to and satisfies all the terms and conditions required by and included in this RFQu.

1.8 Exceptions and Substitutions

All SOQs meeting the intent of this RFQu will be considered for award. An OSeror taking exception to the specifications does so at the OSeror’s risk. The City reserves the right to accept or reject any or all substitutions or alternatives. When oSering substitutions and/or alternatives, the OSeror 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 OSeror has not taken exception(s), and if awarded a Contract, shall hold the OSeror responsible for performing in strict accordance with the Contract Documents.

1.9 Open Records

All OSerors acknowledge and agree that all SOQs, and any of them, shall be open for public review and inspection after a SOQ 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 SOQ and so identified by the OSeror that submitted such SOQ 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 RFQu or the Services (defined below) do not and shall not include or reflect taxes.

1.11 Questions and Addenda

Questions about this RFQu or the Services will be accepted until September 23, 2026, at 3:00 PM

(MDT);

Addenda to this RFQu, if any, will all be issued by September 25, 2026, by 4:00 PM (MDT).

RFQu Questions:

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

All questions, inquiries, comments, or communications pertaining to this RFQu or any SOQ (whether regarding the SOQ 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 SOQ submission or review process, and doing so may result in disqualification of an OSeror or rejection of a SOQ.

Any interpretations, corrections, or changes to this RFQu, or extensions of or changes to the Submission Deadline, shall be made by way of written addenda to the RFQU drafted and adopted by City. Sole authority to authorize such addenda shall be vested in City’s Purchasing Representative.

Addenda to the RFQu will be issued electronically through RMEPS (available at www.bidnetdirect.com/colorado) and on City’s website, accessible at Fruita.org. An OJeror must acknowledge receipt of all addenda to this RFQu in its SOQ.

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 OSeror of the accepted SOQ in the scheduling of meetings, interpreting City’s policy and procedural requirements that relate to or aSect the Services (defined below), researching City’s internal documents, and coordinating with outside agencies and City staS; provided, however City’s foregoing commitments will not limit OSeror’s requirements or obligations to complete the Services (defined below) or to complete and render the services and requirements set forth in this RFQu and in all agreements between City and such OSeror regarding the Services. City will rely on the personnel, experience, and expertise of the OSeror of the accepted SOQ to ensure all necessary components of the Services (defined below) and the scope of services and requirements set forth in this RFQu and in all agreements between City and such OSeror related to the Services are completed.

SECTION 2.0 SPECIFICATIONS/SCOPE OF SERVICES

2.1 General

All SOQs shall be for qualified professional firms to provide professional services necessary to prepare conceptual landscape plans for 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 mailto:merickson@fruita.org https://www.fruita.org/DocumentCenter/View/3106/Fruita-PHROST-Master-Plan-PDF 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 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.

The scope of work will likely include the following services, which are subject to negotiation after award:

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

• 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 budget for Conceptual Design services of Little Salt Wash Expansion Conceptual Design project is $125,000.00 but it might not all be used for this contracted portion of the project.

SECTION 3.0 PREPARATION AND SUBMITTAL OF SOQs

3.1 Required Submittals and SOQ

Interested companies or firms shall submit SOQs that clearly demonstrate their ability to provide services as outlined above. Pricing is not to be included with this SOQ submittal. SOQs shall be organized in the order listed below to facilitate fair and equitable evaluation of the responses. An electronic copy of the SOQ shall be submitted and include:

i. Cover Letter – A letter of interest expressing OSeror’s interest in the Services. Include in such letter of interest a statement regarding OSeror’s time and ability to commit key personnel to the Services during the City’s need for conceptual plans 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 SOQ on behalf of OSeror.

ii. Company QualificaFons, Relevant Services Experience & References – A summary of previous work completed by Offeror and similar to the City’s need for conceptual plans. Such summary should include at least three (3) specific examples of relevant project experience in Colorado. The summary should also include the dates of compleaon of such prior, similar projects and the deliverables achieved for such prior projects. In addiaon 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. Development Plan Approach (Strategy and ImplementaFon): Describe the Offeror’s interpretaaon of the City’s objecaves with regard to this RFQu. Describe the proposed strategy and/or plan for achieving the objecaves of this RFQu. The Offeror may ualize a wriben narraave or any other printed technique to demonstrate their ability to saasfy the Scope of Services. The narraave should describe a logical progression of tasks and efforts starang with the iniaal steps or tasks to be accomplished and conanuing unal all proposed tasks are fully completed.

iv. Staff Team and OrganizaFon – Provide a list of the Project Manager(s) and all key personnel to be ualized on the project, including a descripaon of their qualificaaons and skills (also include any sub- consultants on the project). Include respecave job atles, amelines of employment with Offeror, and experience with projects similar to the Services.

v. SolicitaFon Response Form – A completed and signed copy of the Solicitaaon Response Form found at the end of this RFQu.

SECTION 4.0 EVALUATION CRITERIA AND FACTORS

4.1 Method of Evaluation, Limitation and Award

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

WEIGHTING VALUES QUALIFICATION STANDARD

40% Specialized Experience and Technical Competence of Team

What is the background and what are the qualificaaons of the Offeror? Does the Offeror have previous experience with similar CDOT projects? Do the project managers and key personnel of the Offeror have that

City may undertake negoaaaons with the Offeror that submits the top-rated SOQs based on the evaluaaon criteria and factors in this RFQu, and City will not negoaate with Offerors of lower-rated SOQs unless negoaaaons with Offerors of higher-rated SOQs are unsuccessful and terminated. City reserves the right to reject any and all SOQs.

4.2 Method of EvaluaFon, LimitaFon and Award

4.2.1 Method of EvaluaFon

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

First Step: Evaluaaon and Short List Selecaon The Evaluaaon Commibee will iniaally review and select SOQs based on the following criteria reflecang and incorporaang the foregoing qualificaaons and standards:

• Experience and qualificaaons of Offeror;

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

• Fee schedule for the Services to be performed; and

• Offeror references.

The Evaluaaon Commibee shall rank all Offerors and their corresponding SOQ based on the informaaon provided in the respecave SOQ and any addiaonal or follow-up informaaon requested of Offerors and provided to the Evaluaaon Commibee. Following such ranking, a list of no more than five qualifying Offerors will be created (the “Offeror List”).

Second Step: Interviews/Presentaaons from Selected Firms The Evaluaaon Commibee will conduct interviews with, and review presentaaons by, two or more Offerors concerning their respecave SOQs as part of the Evaluaaon Commibee’s SOQ evaluaaon process.

Third Step: Retenaon 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 same experience? How many years has the Offeror been in the business?

40% Proposed Methodology Does the Offeror cover all aspects of the scope and what is their overall approach to the tasks? Do they have adequate and appropriate staffing? Do they have a documentaaon process for the work schedule and completed work?

20% Performance Record and References

Did the Offeror provide references? Does the Offeror have a good record with those references and the City of Fruita?

cost.

4.2.2 LimitaFon and Award

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

4.3 Proposed Timeline and Contract

RFQu Issued September 8, 2026 Deadline for Questions September 23, 2026, by 3:00 PM Addenda Posted September 25, 2026, by 4:00 PM SOQ Submission Deadline October 6, 2026, at 2:30 PM Interviews (Tentaave) Tentaave Award

October 20-23, 2025 October 29, 2026

Contract Begins November 5, 2026

SECTION 5.0 INSURANCE REQUIREMENTS

5.1 Insurance Requirements

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

OSeror shall procure and maintain, and OSeror shall cause each subcontractor hired or retained by OSeror for the Services to procure and maintain, or OSeror 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 RFQu 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 RFQu 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 oSicers and employees, as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its oSicers, or its employees, shall be excess and not contributory insurance to that provided by OSeror. 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 OSeror shall be solely responsible for any deductible losses under each of the policies required above.

Failure on the part of the OSeror 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 OSeror to the City upon demand, or the City may oSset the cost of the premiums against any monies due to OSeror from the City.

SECTION 6.0 GENERAL CONTRACT TERMS AND CONDITIONS

6.1 Acceptance of RFQu Terms

An SOQ submitted in response to this RFQu shall constitute a binding oSer by the submitting OSeror.

Acknowledgment of this condition must be indicated in such SOQ’s Cover Letter, and the acknowledgement must be given by an oSicer or employee of the submitting OSeror legally authorized to execute contracts on behalf of such OSeror. An SOQ submitted in response to this RFQu shall constitute acceptance by the submitting OSeror of all terms and conditions set forth herein. An OSeror must identify clearly and conspicuously in its SOQ any variations between such SOQ and the City’s requirements in this RFQu. Failure to identify such variations in an SOQ shall be deemed a waiver by the submitting OSeror of any right to subsequently modify the terms of performance specified in the SOQ or set out in this RFQu, 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 OSeror that submits that SOQ ultimately selected by the City and Evaluation Committee for completion of the Services (together, the “Services Contract”). By executing the Services Contract, such OSeror (in the capacity of OSeror of the accepted SOQ, and as party to the Services Contract, hereinafter the “Consultant”) shall represent and warrant that it has familiarized itself with the local conditions under which the Services work is to be performed and correlated their observations of such local conditions 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 parties thereto. The intention of and with the Services Contract is to include and cover all labor, services, and other items necessary for the proper execution and completion of the Services as defined and contemplated in this RFQu and any documents, drawings, and specifications related or attached hereto or incorporated or referred to herein. All documents, drawings, and specifications furnished by City for, under, or in relation to this RFQu and the Services are and shall remain City property. Such documents, drawings, and specifications are not to be used on any Services or undertaking except for the Services.

6.3 Assignment

No OSeror shall sell, assign, transfer, or convey its SOQ, 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 RFQu, in whole or in part, without the prior written approval of City

6.4 Compliance with Laws

All SOQs, and the Services Contract, must comply with all federal, state, county, and local laws that govern or relate to this RFQu, the Services Contract, or the Services, and all the foregoing, and the SOQs and the Services Contract must satisfy all Americans with Disabilities Act (“ADA”) requirements. By submitting an SOQ and entering the Services Contract, Consultant warrants that it is qualified to assume the responsibilities and render the services described in this RFQu 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 submitting an SOQ and entering the Services Contract, certifies and warrants and shall certify and warrant that Consultant is not presently disbarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by or with any government department or agency.

6.6 Conflict of Interest

No public oSicial or City employee shall have a personal or proprietary interest in the Services Contract, this RFQu, any SOQ, or any contract or agreement arising under or resulting from this RFQu.

6.7 Contract

This RFQu, and any and all documents and agreements related hereto or submitted herewith, and any negotiations related to any of the foregoing, when properly accepted by City, shall constitute a contract equally binding by and between City and an OSeror. The foregoing shall represent the entire and integrated agreement between City and an OSeror regarding this RFQu; provided, however, the Services Contract, and all document and agreements related thereto or arising thereunder, shall supersede all prior negotiations, representations, or agreements, either written or oral, regarding the Services, including Consultant’s SOQ. Notwithstanding the foregoing, the Services Contract, and the documents and agreements related thereto or arising thereunder, may collectively 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 SOQ 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 OSeror pursuant to a request for information or clarification by City concerning an SOQ. City may exercise the foregoing rights, and any of them, as and when deemed necessary or prudent by City in its sole discretion.

6.9 Contract Termination

The Services Contract shall remain in eSect until 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 written notice of cancellation or similarly styled notice that states the reasons for such cancellation and the eSective date of cancellation, which date must be at least thirty days after such notice of cancellation is provided or submitted to the non-terminating party.

6.10 Employment Discrimination

By submitting an SOQ and entering the Services Contract, Consultant agrees, at all times the Services Contract is in eSect or otherwise outstanding or Services work is ongoing, to all the following conditions:

Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, citizenship status, marital status, veteran status, sexual orientation, national origin, or any legally protected status except when such condition is a legitimate occupational qualification reasonably necessary for the normal operations of Consultant.

Consultant shall post in conspicuous places, visible to Consultant’s employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

Notices, advertisements, and solicitations placed by Consultant in accordance with federal law, rule, or regulation shall be deemed suSicient for the purpose of meeting the foregoing requirements of this RFQu.

6.11 Ethics

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

6.12 Failure to Deliver

If Consultant fails to deliver services in accordance with the terms and conditions of this RFQu and the Services Contract, City, after due oral or written notice to Consultant, may procure such services from other sources and hold Consultant responsible for any costs resulting from additional purchase and administrative services related thereto. This remedy shall be in addition 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 oSicers, employees, insurers, and self-insurance pool, from and against all liability, suits, actions, and claims of any character, type, name, nature, or description 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 execution of, or performance under, the Services Contract or any agreements or documents related thereto or arising thereunder or in relation 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 OSeror or any other person shall modify or otherwise aSect the terms, conditions, or specifications stated in this RFQu, and no oral statement of Consultant or any other person shall modify or otherwise aSect the terms, conditions, or specifications of the Services Contract. All modifications to this RFQu and the Services Contract, or either of them, must be made or agreed to by City in writing.

6.15 Expenses

Expenses incurred in the preparation, submission, and presentation of an SOQ, or any of the foregoing, are the sole responsibility of the submitting OSeror 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 Article X, Section 20 to the Colorado Constitution prohibits the obligation and expenditure of public funds by City beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations 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-appropriation 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 OSeror, by submitting an SOQ, certifies and shall by such submission certify that it is not a party to any collusive action or any action that is or may be a violation of the federal Sherman Antitrust Act of 1890, 15 U.S.C. §§ 1-38, as amended (the “Sherman Act”) Any and all SOQs shall be rejected if there is evidence or reason for City to believe that collusion exists among the OSerors, and any of them, in submitting SOQs or if OSerors have violated or may be violating the Sherman Act in submitted SOQs.

City may or may not, as determined by City’s Purchasing Representative in such Purchasing Representative’s sole discretion, accept future SOQs for the same service or commodities from OSerors that participate in any collusion or violation of the Sherman Act in contravention hereto.

6.18 Gratuities

Each OSeror, by submitting an SOQ, warrants and certifies, and shall by such submission warrant and certify, that no gratuities or kickbacks were paid in connection with this RFQu or the submission of such SOQ, nor were any fees, commissions, gifts, or other considerations made contingent upon selecting an SOQ or entering the Services Contract. If an OSeror breaches or violates this warranty, City may, at its discretion, terminate this RFQu 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 relationship with a City employee or elected oSicial, Consultant must provide City’s Purchasing Representative with the name(s) of such employee(s) or sub-contractor(s). Such identified employee(s) and sub-contractor(s) must file a public disclosure record, acceptable to City in its sole discretion, and a statement of financial interest before Consultant may conduct business with or for City.

6.21 Confidential and Proprietary Information

All SOQs, and all materials submitted hereunder or otherwise in response to this RFQu, shall ultimately become public record and shall be subject to inspection following selection of Consultant and the entering of the Services Contract. As used herein, “proprietary information” shall mean any information about an OSeror that is not generally known to its competitors or the public and that may provide a competitive advantage exercisable against such OSeror. Unrestricted disclosure of proprietary information, in an SOQ or otherwise, places it in the public domain. Only information included in an SOQ and clearly identified with the designation “Confidential Disclosure,” and uploaded as a separate document from the remainder of an SOQ, shall be considered for treatment by City as proprietary information. An SOQ that includes material designated by the submitting OSeror as proprietary information by way of a Confidential Disclosure designation must include a justification or explanation of why the designated material constitutes proprietary information. The designation and request for treatment as proprietary information shall be reviewed and either approved or denied by City. If a designation and request is denied by City, the OSeror that submitted the SOQ shall have the opportunity to withdraw its entire SOQ or to remove the information in the SOQ designated for Confidential Disclosure. In no circumstance shall Services cost or pricing information be considered proprietary information. Additionally, a total SOQ shall not under any circumstance constitute proprietary information. Any SOQ and information submitted to the City is subject to disclosure pursuant to CORA.

6.22 Withdrawal or Modifications of OJers

An OSeror may, by way of a writing submitted to City, modify or withdraw an SOQ at any time prior to the Submission Deadline.

6.23 Acceptance

Any SOQ received by City and not withdrawn by the submitting OSeror prior to the Submission Deadline is and shall be considered an oSer by such OSeror, which oSer may be accepted by City based on the SOQ without further discussion or negotiation. By submitting an SOQ in response to this RFQu, an OSeror agrees its SOQ may be accepted by City at any time within ninety (90) calendar days from the date of the Submission Deadline. City reserves the right to: (a) reject any or all SOQs, (b) waive informalities and minor irregularities in SOQs received, and/or (c) accept any portion of an SOQ if deemed by City, in its sole discretion, to be in City’s best interest. Failure of an OSeror to provide in its SOQ any information requested in or required by this RFQu may result in rejection of all or any of such SOQ for non-responsiveness.

6.24 SOQ Preparation Cost

The costs incurred by an OSeror in preparing or submitting an SOQ, including without limitation as to securing any bid bond, are not reimbursable costs, and City shall have no responsibility or obligation to pay or reimburse an OSeror for such costs. SOQ preparation and presentation shall be undertaken at an OSeror’s sole expense and is such OSeror’s total and sole responsibility.

6.25 Award

The Evaluation Committee will make an OSeror List, and City will ultimately select Consultant, by applying the evaluation criteria and factors listed in this RFQu to the SOQs so as to ascertain the Services best value as determined by City in its sole discretion. As used herein, "best value” means the expected outcome that, in the City’s sole estimation, provides the greatest overall benefit in relation to the Services and the requirements detailed in this RFQu. City reserves the right to reject any or all SOQs, to not enter the Services Contract, and to otherwise not proceed with the Services.

6.26 Substantive SOQs

By submitting an SOQ in response to this RFQu, an OSeror certifies: (a) its SOQ is genuine and is not made in the interest of, or on behalf of, an undisclosed person, firm, or corporation; (b) it has not directly or indirectly induced or solicited any other OSerors to put in a false or sham SOQ; (c) it has not solicited or induced any other person, firm, or corporation to refrain or abstain from proposing or submitting an SOQ; (d) it has not sought by collusion to obtain for itself any advantage over any other OSerors 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 certifications.

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 activities required”) and 7-90- 802 (“Consequences of transacting business or conducting activities without authority”). Should Consultant be an entity organized under the laws of a foreign state other than the State of Colorado, or should Consultant otherwise be operating outside the State of Colorado, Consultant must, before entering the Services Contract, obtain authorization 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 certificate 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 certified copy of the designation of place of business and appointment of agent for service of process in Colorado from the Colorado Secretary of State, or a letter from the Colorado Secretary of State stating such designation of place of business and agent for service of process has been made.

6.28 Colorado Governmental Immunity Act

Nothing in this RFQu, and nothing in the Services Contract, shall constitute 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 time to time. In all circumstances, the CGIA and its limits shall apply to this RFQu, 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: ___________________________________

RFQu: Little Salt Wash Expansion Conceptual Design

Bidding Company: _________________________________________________________________

Name of Authorized Agent___________________________________________________________

Email____________________________________________________________________________

Telephone_____________________________ Address____________________________________

City_____________________________________________State___________Zip_______________

The undersigned OGeror, in compliance with the RFQu and having examined the Instruction to Bidders, General Contract Conditions, Statement of Work, Specifications, and other portions of the RFQu, as well as any and all Addenda to the RFQu, and having investigated the location of, and conditions aGecting, 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 RFQu and this Solicitation Response Form are a part.

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

The undersigned OGeror also agrees, if awarded the Services Contract, to provide insurance certificates within ten (10) working days of the date of notification of award from City. Submission of this form with the undersigned OGeror’s SOQ will be taken by City as a binding covenant that OGeror is and will be prepared to complete the Services in its entirety.

City reserves the right to select a Consultant on the basis of such Consultant’s SOQ being deemed most favorable, to waive any formalities or technicalities, and to reject any or all SOQs or other oGers. It is further agreed that this form may not be withdrawn by an OGeror for a period of sixty (60) calendar days after the Submission Deadline. Closing time. Submission by OGerors of clarifications and revised SOQs automatically establish a new thirty-day (30) non-withdrawal period.

Prices in the undersigned OGeror’s SOQ have not knowingly been disclosed with another OGeror and will not be disclosed prior to selection of an OGeror by City as Consultant.

• Prices in this SOQ have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition between OGerors.

• No attempt has been or will be made to induce any other OGeror, whether person or firm, to submit an SOQ for the purpose of restricting competition.

• The individual signing this SOQ on behalf of OGeror certifies they are a legal agent of the OGeror, authorized to represent the OGeror, and is legally responsible for the SOQ with regard to supporting documentation and prices provided.

• Direct purchases by City are tax exempt from Colorado sales or use taxes (Tax exempt No. 09801205). The undersigned OGeror certifies that no federal, state, county, or municipal tax will be added to the quoted prices in the SOQ.

• City payment terms for the Services Contract shall be Net 30 days.

RECEIPT OF ADDENDA: the undersigned OGeror acknowledges receipt of Addenda to the RFQu.

State number of Addenda received: ___________.

It is the responsibility of OGeror to…