biddoc.pdf

REQUEST FOR PROPOSALS

FOR

On-Call Construction Services – Small Projects

RFP-426082

Issued September 10, 2026

Issued by:

City of Longmont Purchasing & Contracts Procurement Specialist: Nicola Davidson

For: City of Longmont

External Services/Facilities Division Longmont, CO 80501

Abstract: The City is requesting proposals for citywide on-call construction services for small projects of minor general construction and repair services on an as needed basis at facilities owned, operated and maintained by the City.

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REQUEST FOR PROPOSALS (RFP)

#RFP-426082

Procurement Specialist: Nicola Davidson Email Address: Nikki.davidson@longmontcolorado.gov Telephone Number: 303-651-8440

Proposals must be received electronically in the Rocky Mountain E-Purchasing System no later than October 1, 2026, prior to 4:00pm MT. Proposals will be time-stamped by the Rocky Mountain E- Purchasing System upon receipt.

The City will only accept proposals submitted in the Rocky Mountain E-Purchasing System and will not accept hardcopy proposals, or proposals submitted by any other means. If you have questions or need assistance, contact BidNet support at 800-835-4603. After uploading proposal documents, you must click the SUBMIT button. The City will not accept uploads that are “saved” but not “submitted”. To verify that your proposal was submitted successfully, you may contact BidNet Support or verify via the Bid Management tab in your account that the documents are not in “Draft” status.

LIVABLE WAGE REQUIRED: For new contracts for provision of services issued after January 1, 2023, contractors must pay at least a minimum livable wage $26.18 per hour or $54,454.40 annually, not including fringe benefits, to full time employees of the contractor for work performed and billed under this Contract. The City may annually adjust the required livable wage to account for inflation.

All proposal submittals are subject to Colorado Open Records Act. See Section IV M of the RFP for details.

CRIMINAL JUSTICE INFORMATION SERVICES (“CJIS”) ACCESS: Work at the following locations require Nation Crime Information Center (“NCIC”) background checks:

• Longmont Safety and Justice Center

• Police Substations

• Fire Stations

Review section IV.KK (Background Check and Disqualification) for detailed requirements.

Schedule of Events (subject to change) All times are given in local Colorado time

RFP Issued: ........................................................................ 9/10/26 Inquiry Deadline: ............................................................... 9/17/26 at 4PM Final Addendum Issued: .................................................... 9/22/26 Proposal Due Date and Time: ........................................... 10/01/26 at 4PM Notice of Award (tentative): ............................................. 10/29/26

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TABLE OF CONTENTS

SECTION I. BACKGROUND, OVERVIEW, AND GOALS

SECTION II. SCOPE AND REQUIREMENTS

SECTION III. PROPOSAL SUBMISSION AND RESPONSE FORMAT

SECTION IV. ADMINISTRATIVE INFORMATION

SECTION V. EVALUATION AND AWARD

ATTACHMENT A: PROPOSAL ACKNOWLEDGEMENT

ATTACHMENT B: CONTRACT EXCEPTIONS

ATTACHMENT C: SAMPLE FRAMEWORK CONTRACT

ATTACHMENT D: GENERAL CONDITIONS- CONSTRUCTION CONTRACT

ATTACHMENT E: SUBMITTAL DOCUMENTS

ATTACHMENT F: ON-CALL CONTRACTING MATRIX

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SECTION I. BACKGROUND, OVERVIEW, AND GOALS

A. Background

The City of Longmont owns, operates, and maintains numerous buildings both within City limits and in select locations outside the City. Throughout the year, these facilities require various planned and unplanned minor construction and repair projects. Examples of past work include but are not limited to office remodels, ADA compliance upgrades, fence and door replacements, pool tank sealing, barn panel repairs, small building rehabilitations and additions and Museum gallery improvements.

B. Goals

The City seeks to continue with small construction projects on an as-needed basis and is therefore requesting proposals from construction firms capable of providing a range of minor general construction, rehabilitation, and repair services. Projects will be short in duration and modest in project scope, typically valued under $50,000 and never exceeding $250,000. Projects over $100,000 will require Bonds, see Section II B - Request for Construction Services Process.

Contractors should propose a single hourly labor rate covering general construction trades, along with a defined markup for any subcontracted work, submitted on the Pricing Schedule – Attachment E.

The City intends to prequalify and award contracts to multiple contractors using the Framework Agreement in Attachment C. For each project, the City will select a contractor with the experience that matches the project, proposed fees, schedule availability, and current workload. If determined, the selected contractor for a project may also need to sign a Construction Contract, in accordance with the On-Call Contracting Matrix in Attachment F.

Awarding an on-call contract does not guarantee any minimum amount of work. The City may assign tasks directly, request project-specific proposals from one or more awarded contractors, rotate opportunities, or obtain services outside this contract when deemed in the City’s best interest. The City is not obligated to distribute work equally among contractors.

Awarded contractors must comply with all applicable local, state, and federal laws, including licensing requirements.

SECTION II. SCOPE AND REQUIREMENTS

A. Scope of Services

This Request for Proposals covers various construction tasks. Contractors may need to provide full-service construction for these projects. The contractor must supply all labor, materials, tools, equipment, supervision, project management, and transportation needed to complete the work. The City will not pay any additional charges such as per diem, meals, surcharges or trip fees.

Projects may include repairs, renovations, or rehabilitations in the following areas:

• Apartment buildings

• Envelope Energy improvements

• Fire stations

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• General building construction

• Historic buildings

• Office Buildings

• Recreation facilities

Work involving storefront glazing, roofing, fire & intrusion protection, and elevators are generally excluded.

Projects may involve one type of work or several trades. Each project will be different in size and scope.

Because this is an on-call contract, the exact amount of work is not known yet.

B. Request for Construction Services Process

1. The City will request project-specific proposals from one or more awarded contractors, selected based on availability, expertise, and past performance. The contractor must contact the City Representative within two business days to schedule a meeting to review the work. After meeting, the contractor must provide a plan for the work, a completion schedule, and a cost estimate within three business days or another agreed-upon time. Work can begin only after the City Representative approves the plan, schedule, and cost and issues a Notice to Proceed or a Purchase Order. If a project is over $50,000, the City will use a separate construction contract (Attachment D). Projects under $50,000 will follow the City’s Purchase Order Terms and Conditions unless they conflict with this RFP.

2. Proposals and invoices must follow the on-call contracting matrix – Attachment F.

3. If the City does not accept the proposal or schedule and both sides cannot resolve the issue, the City reserves the right to choose another contractor.

C. Special Conditions

1. Pricing

a. Contractors will be compensated based on the hourly labor rate and markups submitted in their proposal. Any supplies or services needed to finish the work must be included in the project pricing.

b. Hourly rates must cover labor, small equipment use, travel time, deliverables, and any other costs. All labor is paid at straight-time rates.

c. Material markup must be based on actual wholesale cost. Retail pricing is not allowed.

d. Equipment mark-ups must be based on actual rental cost

e. The on‐call contracting matrix included in Attachment F shows the process the City intends to follow depending on the value of the work. Contractors may be required to provide a cost breakdown with their quote evidencing that the quote is in accordance with the contracted rates. This cost breakdown will be required on every project over $100,000.

f. The City will not pay trip charges or service call fees. Pricing must include all parts, materials, equipment, forms, services, disposal fees, fuel surcharges, mileage, labor, utilities, royalties, tools, and any other costs needed for the work.

https://longmontcolorado.gov/purchasing-and-contracts/

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g. The City will not pay overtime unless it specifically asks for work to be done after hours.

Contractors must manage their staff so work happens during standard working hours (Monday-Friday 7:00am – 5:00pm).

h. Contractors must not perform work beyond the approved scope, schedule, or cost without written permission. Verbal direction or requests from building occupants do not authorize extra payment. Contractors must notify the City right away if conditions change and must submit a written change proposal before doing extra work, unless immediate action is required to protect life or property.

i. Invoices higher than the approved purchase order or Notice to Proceed may be rejected.

j. Contractors must keep their pricing the same for the first year of the contract. Price increases can be requested 60 days before their signed Framework Agreement anniversary and must include documentation.

2. Emergency Services Emergency or additional services may be needed during the contract. Depending on the work, the City may request a proposal, a not-to-exceed amount, or a budget based on the contractor’s rates. Some emergencies may require immediate response.

3. Work in Occupied Building

When working in fire stations, public buildings, apartments, recreation centers, or other occupied spaces, the contractor must:

• Maintain safe public and employee access

• Control noise, dust, and odors

• Put up temporary barriers and signs as needed interior, exterior, and vehicular

• Schedule disruptive work outside business hours when required

• Protect any features that will remain including furniture, equipment, and technology

• Clean work areas daily and store materials safely

• Secure tools and work zones

• Avoid contact with confidential documents or secure systems

• Wear proper clothing, ID badges, and behave professionally

4. Utility Locate and Building System Shutdowns

Contractor must handle public and private utility locates and notify the City Representative about any unknown or conflicting utilities. If a contractor fails to protect utilities and damage occurs, the contractor bears full responsibility of the financial cost of identified damage and repair.

Contractor cannot shut down electrical, mechanical, plumbing, fire protection, security, communications, or other systems without prior written approval. Contractor shall request shutdown authorization at least five business days in advance, unless emergency conditions exist.

System restoration must occur within the agreed project schedule unless unforeseen conditions arise. Shutdowns require a written plan describing the systems affected, duration, time, notifications, temporary protections, and restoration steps. Shutdowns must be scheduled to reduce disruptions and may occur outside standard working hours.

Contractor must coordinate all fire alarm impairments, fire watches, testing, inspections, and notifications. After work is done, the contractor must restore all systems, confirm proper operation, and report any issues.

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5. Warranty

For a period of two years after a project is completed and approved by the City, all labor and parts installed by the contractor or their subcontractors shall be warranted by the contractor to be in satisfactory working order and condition. Where a Construction Contract is used, this two year warranty will supersede the warranty period of the General Conditions. Contractor shall begin any warranty repairs or replacements within five business days of written notice, unless the City identifies an immediate safety, at its own expense, all or any parts that may prove to be defective during the period of this warranty, whether installed initially or as repair or replacement under this warranty.

The contractor further warrants that any such repair or replacement shall remain in satisfactory working order and condition for a period of one year after the repair is made or the replacement parts installed.

D. Additional Requirements

1. Security Clearance and Criminal Background Because of the nature of the scope and requirements herein for the City, the awarded contractor, at their expense, must conduct, or have previously conducted a background check for each of its employees, as well as for the employees of its subcontractors, who will provide services to the City. Background checks are to be conducted through an independent background check third-party. See Section IV. KK below for detailed information on requirements.

2. Incidentals

Proposal shall include all parts, materials, equipment, forms, services, disposal fees, fuel surcharges, personnel, mileage, shipping, labor, permits, utilities, royalties, tools, traffic control, barricades, pedestrian scale traffic control, cleanup and any other fees or charges necessary for all of the scheduled service as detailed in the scope of services. Items not shown on the Project proposal but which are necessary to complete the work will be considered a part of the Project whether specified or not.

3. Fees, Licenses & Permits

Building permit fees will be waived or paid for by the City. The contractor shall be responsible for obtaining any necessary licenses, fees, special inspections or additional permits without additional expense to the City.

The contractor shall be responsible for complying with any applicable federal, state, and municipal laws, codes and regulations in connection with the execution of the services. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law.

The contractor shall obtain all other necessary permits required to complete the contract.

4. Disturbance

The Contractor shall make every effort to minimize the disturbance of existing areas or features anticipated to remain adjacent to areas of the work. Disturbed areas shall be returned to a condition equal or better than the original condition. No disturbance should occur in areas outside of designated Project Limits at any time. Restoration of disturbed areas, including repairs to any

RFP-426082 On-Call Construction Services – Small Projects Page 8 of 83 landscaped areas, any concrete damage caused by the work within or adjacent to the Project Limits, shall be a requirement of this project at no additional cost to the City.

5. Current Standards

All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances.

All work shall be performed in accordance with applicable OSHA Standards.

6. Bonds

a. Projects that are proposed to cost $100,000 or more will require a performance bond and labor and materials payment bond unless specifically waived by the City. The bonds will be on standard City forms. Contractors may add bonds as a separate line item to the price proposal for projects requiring bonds. Sample bond forms are included in Attachment D. The Performance Bond and Labor and Material Payment Bond must remain in full force and effect during the entire period of the warranty.

b. A "Power of Attorney" authorizing the attorney-in-fact to bind the surety company and certified to include the date of the bond shall accompany the bond.

c. The successful Proposer shall give a Performance Bond equal to the amount of the Contract Price. The Performance Bond shall guarantee: (a) the faithful performance and completion of the work in strict accordance with the terms of the Contract, and each and every covenant, condition and part thereof, according to the true intent and meaning of the Contract Documents, as defined in the Contract and (b) the repair or replacement where required, or the cost thereof, for a period of two years after the issuance of the Certificate of Acceptance or until all warranty work is completed, whichever occurs last, of all work performed under the Contract. A separate Labor and Material Payment Bond equal to the amount of the Contract Price is required to ensure the payments of laborers, materialmen, suppliers, and subcontractors in connection with the work performed under the Contract and to satisfy the requirements of §38-26-105 and 38-26-106, C.R.S., as amended.

7. Liquidated Damages

The City may set a liquidated damages amount appropriate for any individual project if deemed necessary.

8. Retainage

The City may set a retainage amount appropriate for any individual project if deemed necessary and when using a Construction Contract. Refer to Attachment F.

9. Evaluation System

The City may establish an evaluation system that employees use to rate the services performed by contractors awarded under this RFP. Rating information may be available to City employees and contractors.

E. Period of Award

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The effective date of providing the required product and services shall be from the date of fully executed Framework Agreement through October 31, 2031.

If the City desires to extend the Framework Agreement, not later than thirty (30) days prior to expiration of the agreement and date above, the City shall send a notice in writing to the awarded proposer requesting firm pricing for the next 12-month period. After the City evaluates the contractor’s pricing proposal, it will determine whether to extend the contract. All awards and extensions are subject to annual appropriation of funds. The provisions of the foregoing paragraphs with respect to extensions of the terms of the contract shall be null and void if the contract has been terminated or revoked during the initial term or any extension thereof. All decisions to extend the contract are at the option of the City.

F. Minimum Mandatory Qualifications of Proposer

1. Proposals will only be considered from licensed contractors who have been in business for three years or more.

2. City of Longmont Contractor’s license is required. If awarded a contract and the contractor does not have the appropriate license, they have 30 calendar days from Notice of Award to provide documentary evidence that they have acquired one.

3. A minimum of three references for construction services is required. Please specify if the references provided are on-call contracts.

SECTION III. PROPOSAL SUBMISSION AND RESPONSE FORMAT

Following are the response requirements for this RFP. To facilitate the evaluation, proposers shall submit and organize the proposal in accordance with this section. All specific response format items represent the minimum information proposers must submit. At the City’s discretion, deletions or incomplete responses in terms of content or aberrations in form may render a proposal non-responsive.

A. Proposal Submission

The City will only accept proposals submitted in the Rocky Mountain E-Purchasing System (RMEPS). The City will not accept late proposals for any reason, including force majeure events and technical difficulties.

It is the proposer’s responsibility to submit the proposal in RMEPS prior to the Proposal Due Date and Time. Proposers who do not successfully submit a proposal by the Proposal Due Date and Time will not be eligible for evaluation.

Proposals must be submitted online through RMEPS. The City will not accept hardcopy proposals, or proposals submitted by any other means. If you have questions or need assistance with RMEPS, contact BidNet support at 800-835-4603.

Proposal file sizes cannot exceed 2 GB. Proposals should be clear, concise, and specific to the needs and conditions of this RFP. Proposers should direct questions regarding appropriate submittal material to the Procurement Specialist.

Proposal submission will include:

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• One Original version of proposal, saved as a single .pdf file.

• If desired: One Public Viewing version of the proposal identified “FOR PUBLIC VIEWING”, in accordance with the procedure in Section IV, M of this RFP, saved as a single .pdf file.

Proposals that are at a variance with these submission requirements may not be accepted.

B. Response Format

The following items must be included in your proposal in the order listed. Deviation may render your proposal non-responsive.

1. Cover Letter include a brief introduction of your company and the main point of contact for this RFP.

2. Attachment A Proposal Acknowledgement

3. Attachment B Exceptions - Any exceptions to this RFP or the Sample Contract Documents

(Attachments C & D), no matter how slight, must be detailed and provided as indicated in Attachment B. Significant exceptions may make your proposal nonresponsive. If variations are not stated in your proposal, it shall be construed that the proposal fully complies with the specifications, terms and conditions, solicitation documents, and attached Sample Contracts.

Notwithstanding the above, it is agreed and understood that the City reserves the right to reject these exceptions if they do not meet its requirements.

4. Attachment E – Proposal Submittal Documents

The City will contract solely with your company; therefore, subcontractors/partners remain your sole responsibility.

1. Evaluation Criterion #1 – Company and Personnel Qualifications – (35%)

a. Submit a completed Attachment E. Attach additional sheets as necessary

b. The City reserves the right to contact the references provided in your proposal as well as other references without prior notification to you.

2. Evaluation Criterion #2 –Approach to Scope – (35%)

a. Submit a completed Attachment E. Attach additional sheets as necessary

3. Evaluation Criterion #3 – Value/Cost of Efforts (25%)

a. Submit a completed Attachment E. Attach additional sheets if necessary

b. The pricing in the Proposal Schedule shall become a condition of the Contract and shall remain firm for a period of one year. Individual project proposals will be based on these costs.

4. Evaluation Criterion #4 – Contract Exceptions. (5%)

a. Submit a completed Attachment B. Attach additional sheets if necessary.

b. Fully list and describe any exceptions you take to this RFP or the Sample Contract.

Responses with no exceptions will receive all possible points, and the number and impact of other exceptions will be scored accordingly.

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SECTION IV. ADMINISTRATIVE INFORMATION

A. Process Subject to Purchasing Code

The Request for Proposal process shall be conducted subject to the Purchasing Code, Chapter 4.12 of the Longmont Municipal Code, (LMC).

B. Issuing Office

The City’s Procurement Specialist listed herein is to be the sole point of contact concerning this RFP.

Proposers shall not directly contact other personnel regarding matters concerning this RFP or to arrange meetings related to such.

C. Official Means of Communication

All official communication from the City to proposers will be via postings on an electronic solicitation notification system, Rocky Mountain E-Purchasing System (RMEPS), bidnetdirect.com/city-of-longmont.

The Procurement Specialist will post notices that will include, but not be limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of award. It is incumbent upon proposers to carefully and regularly monitor the RMEPS for any such postings.

The City of Longmont does not guarantee accurate information obtained from sources other than RMEPS.

D. Inquiries

Prospective proposers may make written inquiries before the written inquiry deadline concerning this RFP to obtain clarification of requirements. The City will not accept inquiries after the deadline. Submit inquiries regarding this RFP via RMEPS.

The City will publish responses to proposers’ inquiries as an addendum on RMEPS in a timely manner.

Proposers cannot rely on any other statements that clarify or alter any specification or other term or condition of the RFP.

Should any interested proposer, sales representative, or manufacturer find any part of the listed specifications, terms and conditions to be discrepant, incomplete, or otherwise questionable in any respect, it shall be the responsibility of the concerned party to notify the Procurement Specialist of such matters immediately upon discovery.

E. Addenda

Any explanations or corrections shall be made as Addenda to the documents and shall be published on RMEPS for all prospective proposers. Proposers shall acknowledge receipt of all Addenda in the appropriate spaces provided in the Proposal Acknowledgement. Oral explanations and interpretations made prior to the Proposal Due Date and Time will not be binding.

http://www.bidnetdirect.com/city-of-longmont

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F. Proposal Forms

1. A person who submits a proposal and affixes "President," "Secretary," "Agent," or other designation to his or her signature, without disclosing the principal, may be personally held to the proposal.

2. The City will not consider more than one proposal from an individual, firm, partnership, or corporation under the same or different names. Evidence that any proposer is interested in more than one proposal for the same work will be cause for rejection of all such proposals. Collusion between the proposers will be considered sufficient cause for the rejection of all affected proposals. A party quoting prices to a proposer is not thereby disqualified from quoting prices to other proposers or from submitting a direct proposal on the proposer's own behalf.

G. Insurance

The successful Proposer will be required to provide a Certificate of Insurance, endorsement, and/or other proof of insurance representing coverage as required in the City of Longmont Construction Contract General Conditions, Article 5.

H. Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by the proposer prior to the established due date and time.

I. Minor Informalities

Minor informalities are matters of form rather than substance evident from the response or insignificant mistakes that the City can waive or correct without prejudice to other proposers. The Procurement Specialist may waive such informalities or allow the proposer to correct them depending on which is in the best interest of the City.

J. Responsibility Determination

The City will make awards only to responsible proposers. The City reserves the right to assess proposer responsibility at any time in this RFP process and may not make a responsibility determination for every proposer.

K. Acceptance of RFP Terms

A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of a person legally authorized to execute contractual obligations on behalf of the proposer shall indicate acknowledgment of this condition. A proposal in response to this RFP acknowledges acceptance by the proposer of all terms and conditions as set forth herein. The proposer shall identify clearly and thoroughly any variations between its proposal and the RFP in the cover letter. The City will deem a failure to waive any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

L. Protested Solicitations and Awards

Any actual or prospective proposer aggrieved in connection with the solicitation or award of a contract may submit a written protest to the Purchasing and Contracts Manager. Actual or prospective proposers

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M. Confidential/Proprietary Information

The City neither requests nor encourages the submission of confidential/proprietary information in response to this RFP. All proposals will be confidential until the City awards and fully executes a contract with the successful proposer. At that time, all proposals and documents pertaining to the proposals will be open for public inspection, except for the material that is proprietary or confidential.

Proposers can make a request for confidentiality to the Procurement Specialist if the submission is in accordance with the following procedure. This is the sole responsibility of the proposer. The Procurement Specialist is not required to attempt to cure any information that is at a variance with this procedure, and the City may not give the proposer an opportunity to cure any variances after proposal submission. The City will not consider a proposal in its entirety nor proposal price information to be confidential/proprietary. Proposers with questions about the application of this procedure should direct inquiries to the Procurement Specialist listed in this RFP.

Procedure for Submitting Proprietary or Confidential Information:

1. The proposer will submit one additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the proposer will black out all text and/or data that it wishes the City to consider confidential and denote the information as “proprietary” or “confidential”.

2. A written description will accompany the “FOR PUBLIC VIEWING” copy of the proposal identifying the material that the proposer considers proprietary or confidential. Specific reasoning for why each item is to remain confidential, other than recitation of a specific state or federal statute, is required.

3. When a proposer submits a “FOR PUBLIC VIEWING” version of their proposal, that version will be open to the public while the City will maintain the original version of the proposer’s proposal as confidential material.

The Procurement Specialist may declare a proposal that is at variance with this procedure non-responsive and such proposal may not be considered.

N. Acceptance of Proposal Content

The contents of the proposal (including persons specified to implement the project) of the awarded proposer shall become contractual obligations into the contract award. Failure of the awarded proposer to perform in accordance with these obligations may result in cancellation of the award and the City may remove such proposer from future solicitations.

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O. RFP Cancellation

The City reserves the right to cancel this RFP at any time, without penalty.

P. Negotiation of Award

In the event that the City only receives one responsive proposal, the City reserves the right to negotiate the award for the services with the proposer in lieu of accepting the proposal as is.

Q. Contract

A sample copy of the contracts the City will use for the services specified in this RFP is included as Attachment C and D for your review. The contracts are only samples and proposers are not to complete either at this time. Please note in your proposal any requests for exceptions and modifications to the contract(s). Significant exceptions or modifications to the contract(s) may be reason for considering a proposal nonresponsive.

R. Proposals

1. Irregular Proposals: Proposals may be rejected if they show any omission, alteration of form, additions not called for, conditional Alternates, or irregularities of any kind which, in the opinion of the City, tend to make the proposal indefinite or ambiguous. The City will reject proposals with prices which are obviously unbalanced as determined by the Purchasing and Contracts Manager.

Contracts will be awarded only to responsible proposers capable of performing the class of work contemplated.

2. Collusion: Proposals will be rejected if there is reason for believing that collusion exists among the proposers. Participants in such collusion are subject to suspension and debarment pursuant to the Purchasing Code.

3. Qualification of Proposers: For certain projects, the City may require potential proposers to submit information regarding the proposer’s qualifications in addition to the information provided in the Proposal Submittal documents. The requirement for such information will be identified in the Request for Proposal or elsewhere in the Proposal Documents. Any information requested by or on file with the City may be used to qualify or disqualify potential proposers.

S. RFP Response/Material Ownership

All material submitted regarding this RFP becomes the property of the City of Longmont, unless otherwise noted in the RFP.

T. Incurring Costs

The City is not liable for any cost incurred prior to issuance of a legally executed contract and/or an official City purchase order.

U. Utilization of Award by Other Agencies

The City reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to use the resulting award under all terms and conditions specified and upon

RFP-426082 On-Call Construction Services – Small Projects Page 15 of 83 agreement by all parties. Usage by any other entity shall not have a negative impact on the City in the current term or in any future terms.

V. Non-Discrimination

The proposer shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

W. News Releases

Neither the City, nor the proposer, shall make news releases pertaining to this RFP prior to execution of the contract without prior written approval of the other party. The City’s Public Information Office provides written consent on the City’s behalf.

X. Certification of Independent Price Determination

1. By submission of this proposal each proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to the Proposal Due Date and Time, directly or indirectly, to any other proposer or to any competitor; and

c. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

2. Each person signing the Proposal Acknowledgement form of this proposal certifies that:

a. He is the person in the proposer’s organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or

b. He is not the person in the proposer’s organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

3. A proposal will not be considered for award where (1)(a), (1)(c), or (2) above has been deleted or modified. Where (1)(b) above has been deleted or modified, the proposal will not be considered for award unless the proposer furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the City’s Purchasing and Contracts Manager, or designee, determines that such disclosure was not made for the purpose of restricting competition.

Y. Taxes

Pursuant to § 39-26-114, C.R.S. and §§ 4.04.090 and 4.04.290, Longmont Municipal Code as amended, the City of Longmont is exempt from paying sales or use taxes. Materials and equipment purchased solely for

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City projects, that will become a permanent part of the final project, are tax exempt. Contractors and all subcontractors must obtain their own tax exempt number and certificate of exemption from the Colorado State Department of Revenue for each project. The Contractor must furnish a copy of such certificate to the City before purchasing any materials or beginning any Work. The City will furnish its tax exempt numbers for the Contractor to reference when applying for its own tax exempt number.

Z. Assignment and Delegation

Neither party to any resulting contract may assign or delegate any portion of the contract without the prior written consent of the other party.

AA. Availability of Funds

Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the City.

BB. Standard of Conduct

The awarded proposer shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary.

The City may request that the awarded proposer immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons:

1. Neglect of duty.

2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting.

3. Theft, vandalism, immoral conduct or any other criminal action.

4. Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City.

Agents and employees of the awarded proposer working in City facilities shall present a clean and neat appearance. The City reserves the right to require each employee of the awarded proposer working in a City facility to wear an ID badge or uniform identifying: the company by name, the first name of the employee, and a photograph of the employee if using an ID badge. In these instances, each employee shall wear or attach the ID badge to the outer garments at all times.

CC. Damages for Breach of Contract

In addition to any other legal or equitable remedy the City may be entitled to for a breach of the resulting contract, if the City terminates the contract, in whole or in part, due to the awarded proposer’s breach of any provision of the contract, the awarded proposer shall be liable for actual and consequential damages to the City.

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DD. Right to Inspect

The City may, at reasonable times, inspect the part of the plant, place of business or worksite of the proposer or the proposer’s subcontractors at any tier which is pertinent to the performance of the award of the Contract.

EE. Laws to be Obeyed

Proposer shall familiarize themselves with the provisions of the laws of the State of Colorado and the Federal Government, and with all local laws and all regulations made which are pertinent to the proposed work and shall comply with the same.

FF. Equal Opportunity

Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, or national origin, or other reason prohibited by applicable federal, state or local law, ordinance or regulation. Proposer shall abide by all federal laws in effect during the Contract period which govern Equal Opportunity Employment.

GG. Other Statutes

1. The signatory hereto avers that he is familiar with Colorado Revised Statutes, 18-8-301, et seq. (Bribery and Corrupt Influence) and 18-8-401, et seq. (Abuse of Public Office) as amended, and that no violation of such provisions is present.

2. The signatory hereto avers that to his knowledge, no City of Longmont employee has any personal or beneficial interest whatsoever in the service or property described herein.

See C.R.S. 24-18-201 and C.R.S. 24-50-507.

HH. Local and Small Business Preference

Effective for solicitations issued on or after October 6, 2009, the City of Longmont purchasing code (L.M.C.

4.12.190) establishes a preference for doing business with local and small, local companies. The following applies to this RFP process:

1. Local businesses will receive a 5% preference in the scoring of proposals.

2. Small Local businesses will receive a 2.5% preference in addition to the local business preference.

Applicable definitions are as follows:

“Local” means an active business that: (1) has an unrevoked Longmont sales and use tax license, (2) has a physical location with at least one employee operating legally within the Longmont city limits, and (3) is not delinquent in any payment or filing obligation related to City taxes.

“Small Local” means that proposer is a “Local” business with 35 or fewer employees. In order to qualify as small, you must first qualify as local.

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Proposers who meet these criteria must certify themselves as such on the Proposal Acknowledgement form. Where applicable, the percentage increase will be an adjustment the total score for the proposal.

II. Livable Wage Required

For new contracts for provision of services issued after January 1, 2023, contractors must pay at least a minimum livable wage $26.18 per hour or $54,454.40 annually, not including fringe benefits, to full time employees of the contractor for work performed and billed under this Contract. The City may annually adjust the required livable wage to account for inflation.

Proposer certifies that it will comply with this wage requirement. The minimum livable wage requirement shall be binding upon the assignees and successors in interest of the resulting contract.

JJ. Accessibility

Awarded proposer shall comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the Colorado Governor’s Office of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. Awarded proposer shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

KK. Background Check and Disqualification

Because of the nature of the scope and requirements herein for the City, the awarded Contractor, at their expense, must conduct, or have previously conducted a background check for each of its employees, as well as for the employees of its subcontractors, who will provide services to the City. Background checks are to be conducted through an independent background check third-party and must include the following:

• Social Security Number Trace;

• Federal Criminal Records (includes wants, warrants, arrests, convictions, and incarcerations);

• Colorado Criminal Records (includes wants, warrants, arrests, convictions, and incarcerations);

• Criminal Records from other States if the employee disclosed, or the background check identifies, that the employee lived in another state in the last seven years (includes wants, warrants, arrests, convictions, and incarcerations); and

• National Sexual Offender Registry Search.

The background check shall include all convictions for the last seven years and may include additional convictions beyond seven years when permitted and/or required by law.

Because of the sensitive nature of the work proposed within this solicitation, the City shall automatically disqualify from employment under this contract persons with certain felony or misdemeanor convictions.

The disqualifying convictions will depend on federal and state requirements, and the specific needs of the department where work will be completed. Alternatively, the City may require that a fidelity bond, or such other assurance in such amount as deemed appropriate, be provided to the City as a condition precedent to grant permission where an employee’s prior conviction would otherwise preclude their participation under the contract.

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All Contractor employees are required to self-disclose to the Contractor any criminal charges and convictions and nolo contendere pleas (not contest pleas) that occur while providing services to the City within three business days of the conviction, charge, or plea. Contractor is required to inform the City of any criminal charges or convictions or nolo contendere pleas (no contest pleas) that arise while an employee is on assignment with the City. Contractor must inform the City within one business day of the Contractor having knowledge of the charge, conviction, or plea. The City will determine, in its sole discretion, whether the employee will remain on a City assignment.

Contracts for work at the following locations require NCIC background checks:

• Longmont Safety and Justice Center

• Police Substations

• Fire Stations

Contractors will be provided badges cards for each facility. Contractors are not allowed to share cards to provide services. The background check(s) must be conducted successfully prior to initial access and/or involvement by employees. Employees who separate from the Contractor’s employment must undergo another background check prior to renewed access and/or involvement in providing services to the City.

The City also maintains the right to audit the Contractor’s background check process, to ensure compliance with City standards, at any time. Additionally, failure by the Contractor to comply with the terms of this Section may result in the termination of its contract with the City.

All work to be completed under this Contract will require that each person working on-site Longmont Safety and Justice Center, police substations, fire stations, and all other secure facilities within the City that has CJIS information, including all sub-Contractors, to have completed CJIS Security Awareness Training. The CJIS Security Policy written and maintained by the Federal Bureau of Investigation is the standard by which all criminal justice agencies nationwide must protect the sensitive data they possess and share with authorized entities. The policy outlines requirements such as personnel security, training, encryption, physical security, media protection, access control, construction, and more.

The CBI CJIS Vendor Management Program is designed to help vendors and criminal justice agencies achieve and maintain compliance more easily by providing an easier fingerprinting/vetting process, assisting with the required training, sharing audit findings, and offering resources for questions about CJIS security.

Please register with the CJIS Access Vendor Program prior starting any work:

CJIS Access Vendor Program – Through Colorado Bureau of Investigation (CBI)

To complete the process through the Colorado Bureau of Investigation (CBI) vendor program. Vendors can review the requirements at https://cbi.colorado.gov/sections/cjis-security/cjis-vendor-management-program/cjis-access-vendors . Vendors shall follow the steps outlined on the website. This process allows individuals to complete the fingerprinting at any number of locations throughout the metro and Front Range areas.

SECTION V. EVALUATION AND AWARD

A. Proposal Evaluation https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcbi.colorado.gov%2Fsections%2Fcjis-security%2Fcjis-vendor-management-program%2Fcjis-access-vendors&data=05%7C02%7CValerie.Scott%40longmontcolorado.gov%7Cbe174a458d8c4e20953608dd66f6d5f0%7C26952f4d266a4031ab078b4264ccec55%7C0%7C0%7C638779932512362368%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=bMaj%2B2LkkeaOAzVkE0kAEbmy%2BCssxNo%2F7GGJdnBwL5U%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcbi.colorado.gov%2Fsections%2Fcjis-security%2Fcjis-vendor-management-program%2Fcjis-access-vendors&data=05%7C02%7CValerie.Scott%40longmontcolorado.gov%7Cbe174a458d8c4e20953608dd66f6d5f0%7C26952f4d266a4031ab078b4264ccec55%7C0%7C0%7C638779932512362368%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=bMaj%2B2LkkeaOAzVkE0kAEbmy%2BCssxNo%2F7GGJdnBwL5U%3D&reserved=0

RFP-426082 On-Call…