biddoc.pdf

CITY OF BOULDER, COLORADO

Finance Department / Purchasing Division

1136 Alpine P.O. Box 791 Boulder, Colorado 80306 Telephone: 303-413-7429 Email: mccreeryc@bouldercolorado.gov

REQUEST FOR PROPOSALS

RFP NO. 35-2026

Pearl Street Bollards

ISSUE DATE: September 10, 2026

DUE DATE: 5:00 PM, Thursday, October 8, 2026

Proposals must be electronically saved to the Bidnet website PRIOR TO Proposal Due Date and Time above.

CONTACT:

Emily Urquhart

720.951.6774

UrquhartE@BoulderColorado.Gov

City of Boulder, CO

RFP No. 35-2026

CITY OF BOULDER

Table of Contents

NOTICE OF REQUEST FOR PROPOSALS - RFP NO. 35-2026

INSTRUCTIONS TO PROPOSERS AND PROCUREMENT SCHEDULE

SCOPE OF SERVICES

PROPOSAL CONTENT

EVALUATION CRITERIA

ACCEPTANCE OF TERMS AND CONDITIONS

NON-COLLUSION CERTIFICATE

FORM OF AGREEMENT

NOTICE OF REQUEST FOR PROPOSALS - RFP NO. 35-2026

Pearl Street Bollards

The City of Boulder (“City”), by and through its Parks and Recreation Department, is seeking risk assessment, design, and installation services for pedestrian safety bollards within the four-block Pearl Street Mall. Bollards must account for historic district and daily personnel use, alongside events, deliveries, and vendors, and may be a mix of fixed or removable bollards that are crash rated or visual deterrent and may include alternate safety structures if necessary. The goal is for installation of bollards to be complete by spring 2027.

Bidnet – Required. Solicitation documents will be issued electronically only. A copy of this Request for

Proposals (RFP) must be obtained only from the Rocky Mountain E-Purchasing System at:

www.bidnetdirect.com/colorado (aka Bidnet). Any modifications to this RFP or addenda pertaining to this RFP will be published to the above-mentioned website(s), and all proposers are responsible to periodically check these websites for relevant updates prior to the submittal of a proposal.

The City will only accept electronic submissions saved to the Bidnet website in response to this RFP. Electronic submissions to the Bidnet website are required to be considered for an award. To submit your RFP online, please visit www.bidnetdirect.com/colorado. Please authorize receiving notices through Bidnet relating to this procurement.

Insurance. This solicitation includes desired contractual insurance provisions. The City is open to alternative insurance policies and considerations. Proposers should not avoid proposing merely due to insufficient insurance.

The City is open to alternative policy limits or language, subject to ultimate approval of the City's Risk Manager.

Deadline. The submission deadline is Thursday, October 8, 2026 at 5:00 p.m. This deadline is mandatory. You must save your submission to the Bidnet website before the deadline. Failure to do so may result in an inability to submit that is automatically implemented in the software. Except as set forth herein, no exceptions will be allowed. The City specifically reserves the right to reject late submissions.

Technical Submission Issues. In extraordinary circumstances, the City may permit late submissions if the City, in its sole discretion, determines the proposer has shown good cause due to technical issues. If you experience problems submitting your electronic response, please contact the Bidnet Direct technical support team (800-835- 4603) prior to the submission deadline and document the technical errors and your efforts to resolve the same before such deadline. Proposers are encouraged to document that their Bidnet submission was saved in case technical issues arise or are later discovered. Your documentation may include e-mailing your submission to _UrquhartE@BoulderColorado.Gov_ provided such submission is e-mailed by the deadline or immediately upon discovery of the issue. By this paragraph, the City does not guarantee it will accept submissions that experience technical issues.

Costs. Proposals shall be prepared at the proposer’s expense.

Public Record. Proposals are public records and subject to disclosure under the Colorado Open Records Act

(CORA).

Confidential Data. All materials are presumed to be public records. However, confidential data, if unambiguously identified as such, will be held confidential upon request if: (1) it is clearly and unambiguously identified in writing, (2) the request is made as part of the proposal, and (3) if the City Attorney determines the data meets the requirements of the Colorado Open Records Act. The City’s Access to Public Records Policy, which includes policies about release of solicitation records, can be found on the City’s Central Records web page under the heading Additional Resources.

Preference. Preference is given to labor, materials, supplies, or provisions produced, manufactured, or grown in

Colorado, quality and price being equal to articles or services offered by competitors outside the State of Colorado.

Digital Accessibility. If the services described herein include information technology or digital content that must be made “accessible,” the successful proposer must agree, if requested by the City, to undertake such reasonable efforts that may be needed of the successful proposer to adapt and convert work product to ensure it is accessible within the meaning of §§ 24-85-101, et seq., C.R.S., and its implementing regulations. For contracts for which the provision of information technology comprises a primary or material component of the service (such as software and web services) the City anticipates requiring that the successful proposer agree to ensure legal compliance, subject to limited exceptions.

Equal Opportunity. The City does not discriminate on the grounds of race, creed, ancestry, religion, religious expression, color, sexual orientation, gender identity, gender expression, genetic characteristics, marital status, age, sex, mental or physical disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

Socially-Responsible Procurement. The City is committed to socially responsible procurement and promoting social equity through our contracts. We work to ensure open and fair procurements, competitive and fair pricing, environmentally sustainable solutions, and encourage members of the underserved business community to participate in our competitive solicitations.

City’s Reserved Rights. For avoidance of doubt, the City reserves the following rights:

• Right to Supplement. At any time prior to award, the City reserves the right to supplement or modify its solicitation with additional or different information, questions, contract language, or any other materials the City deems prudent to include in the supplementation. Such supplementation or modification includes the right to modify the procurement schedule at any time. Supplementation or modification will likely occur through Bidnet but may occur by email contact to proposers if the deadline has passed.

• Right to Reject. The City reserves the right to reject any proposal that fails to meet the requirements described herein, the requirements or criteria in the City’s Purchasing Ordinance or in the City’s

Purchasing Policy Manual, as such ordinance or policy manual may be amended from time to time, or any other pertinent standard or criteria established by City. The City further reserves the right to require new proposals or reject any proposal if the City believes it would not be in the best interest of the project or services set forth in this RFP to make an award to a given proposer. This right to reject includes the right to reject any proposer who appears on one or more lists designating the proposer as a debarred or suspended entity or individual for other public procurements.

• Right to Waive Irregularities. The City may waive or decline to waive any informality or irregularity contained in any proposal.

• Right to Revoke or Cancel Award. At any time prior to the successful proposer and the City entering into a written and signed contract, the City reserves the right to revoke or cancel the award. If, for any reason, the City and a successful proposer are unable to come to terms of agreement, the City may, in its sole discretion, either award to the next highest scoring proposer or cancel this solicitation.

• Right to Negotiate Changes in Scope or Services. The City may negotiate changes to the services or work offered by the successful proposer as part of the contracting or amendment to contracting processes.

In the event such negotiations result in a material increase or decrease to services or work and this proposal requires a fixed fee, lump sum, or not to exceed value, the City and the successful proposer will need to agree to adjusting total fees on a pro rata basis as part of the contracting process.

• Right to Make Partial Award. The City may award the contract by sections or in portions and reserves the right to adopt all or part of a proposal.

Verbal Communications. Any verbal communications proposers may receive about this solicitation are non-binding upon the City. Vendors should rely only upon written statements issued by the authorized City representatives listed in the Instructions to Proposers and Procurement Schedule section of this RFP or a member of the City’s Purchasing Division.

Unauthorized Contacts. A proposer’s unauthorized contacts with City staff about this solicitation may result in disqualification of the proposer.

Contract Terms. All awards are subject to the awarded proposer and the City successfully negotiating and entering into a written and signed contract. The City’s award to a successful proposer does not constitute consent by the City to either (1) any revised terms or conditions contained in exceptions, or (2) any terms or conditions contained in the proposal of the successful proposer.

In some instances, contract terms are resolved by appending this solicitation and the successful proposal to the contract template attached hereto. However, most contracts necessitate development of a scope of work that further refines and clarifies the services. Proposal language may merit modification to contract terms, even where a proposer has not made exceptions. While the City’s position is that, generally, failure to make exceptions results in a waiver of the ability to later claim those exceptions, the City reserves the right to modify the contract as the

City and the successful proposer deem appropriate.

In the event of any conflict between this RFP and the contract entered into by and between the City and the successful proposer, the terms and conditions of the contract shall control.

THIS RFP IS NOT A COMPETITIVE SOLICITATION BASED ON PRICE ONLY. The RFP allows the City to select the service provider that best meets the needs of the City, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the City’s ordinances, policies, programs, administrative resources, and budget.

Waiver. All proposers agree that damage or claim shall not be brought by any proposer because of rejections, and the proposers shall not seek any recourse of any kind against the city because of such rejections. The filing of any proposal in response to this RFP shall constitute a binding agreement of the proposer to these conditions.

Dated this September 10, 2026

CONSENT TO PROTEST & APPEAL PROCESS AND REMEDIES

Protests, appeals and remedies under this solicitation are governed by Colorado Revised Statutes (C.R.S.)

§§ 24-109-101.1 through 108, C.R.S. (protests and other pre-litigation resolution of controversies) and §§ 24-109-201 through 206, C.R.S., (appeals), § 24-109-301, C.R.S. (interest accruing on costs), and §§ 24- 109-501 through 505, C.R.S. (remedies), as adopted or amended. Such sections apply in their entirety, except for the City’s purposes, (1) all references to the “state” shall be to the “city”, (2) the City’s assigned purchasing agent renders the City’s initial written decision, and (3) the City’s Purchasing Manager renders the final agency determination upon any appeal therefrom, as well as any other functions and decisions of the “executive director” referenced in those sections.

As described in the statutes referenced, protests and appeals must be made in writing within ten (10) business days. Protests must be timely submitted as e-mail attachments to the purchasing agent for this solicitation at the following e-mail address:

Carissa McCreery mccreeryc@bouldercolorado.gov

Any subsequent appeals from the purchasing agents’ initial determination must be timely submitted within ten (10) business days of the initial decision as e-mail attachments to the Purchasing Manager at the following e-mail address:

Michael Van Ausdal

Vanausdalm@bouldercolorado.gov

In addition, this solicitation is subject to limitations of remedies set forth in §§ 24-109-501 through 505, C.R.S., including, specifically, § 24-109-505, C.R.S. Those remedies are limited to, in summary, the authority of the City to ratify, terminate, or cancel the solicitation, award, or contract, and , if ratification occurs, a successful aggrieved party’s limitation of remedies to its reasonable costs incurred in connection with the solicitation, including bid preparation costs, plus interest on those costs.

By responding to this solicitation, proposers agree to the protest and appeal processes, requirements, and time limitations, as well as the limited remedies, set forth in the statutes above and as described herein.

City of Boulder, Colorado A Municipal Corporation

INSTRUCTIONS TO PROPOSERS AND PROCUREMENT SCHEDULE

1. Proposers responding to this RFP must submit their proposals as specified in this solicitation.

2. One electronic copy of the proposal must be submitted online through Bidnet (www.bidnetdirect.com/colorado) and must be addressed to the City contact listed below. Proposers are strongly encouraged to familiarize themselves with the Bidnet website in advance of the proposal deadline.

3. Proposals must be dated and signed by a duly authorized partner or corporate officer, with that person’s name and title clearly identified. All proposal terms, conditions, contents, fees, and charges shall be guaranteed by the proposer for a minimum of ninety (90) days from the date of submission of the proposal to the City.

4. Proposers who have questions concerning the scope of work or services or other requirements set forth in this RFP shall contact the following City representative:

Emily Urquhart

Landscape Architect City of Boulder

Parks and Recreation Department

Phone: 720-951-6774 Email: UrquhartE@BoulderColorado.Gov

5. The above-referenced individual is the only representative of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Contact with any other employee of the City of Boulder regarding this project is not authorized. Any information obtained from other than an authorized City representative shall be considered invalid in the preparation of a proposal for this project.

6. Proposers who have questions or need clarifications about this solicitation must submit written questions by email to the above-listed City representative. Questions must be received by 5:00 PM (Mountain Time) on the deadline set forth in this solicitation. All questions and answers will be posted as an addendum on Bidnet. Proposers should rely only on written statements issued via addendum on Bidnet.

7. Before submitting a proposal, each proposer shall:

• Examine the contract documents thoroughly.

• Become familiar with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work.

• Study and carefully correlate the proposer’s observations with the contract documents.

• Notify the project manager of all conflicts, errors, omissions, ambiguities, or discrepancies in or among the contract documents.

8. All proposals timely submitted shall become the property of the City and shall be retained in accordance with the City’s records retention schedule. The City is a Colorado governmental entity and therefore, all information included in proposals and other written information submitted by the proposer to the City is subject to the provisions of the Colorado Open Records Act (“CORA”). Proposers should expect that the proposal may be viewed by the general public and competitors once submitted to the City, subject to the City’s Access to Public Records Policy. Merely marking information as “confidential”, “proprietary”, or otherwise stating a written intent to protect the information from disclosure is not necessarily sufficient to prevent disclosure under CORA.

9. Procurement Schedule (all times Mountain Time):

RFP Issued ………………………………………………. September 10, 2026 Mandatory Pre-proposal Site Visit …………………......... September 15, 2026 at 8:30 am Written Questions Due…………………………………… September 18, 2026 by 5:00 pm

Responses to Written Questions Posted………………….. September 22, 2026 Proposals Due ……………………………………………. October 8, 2026 at 5:00 pm

Review of Proposals……………………………………… October 13, 2026 (estimate) Successful Proposer Selected……………………………… October 15, 2026 (estimate)

The city will be hosting a mandatory site visit on September 15th at 8:30 a.m. and will meet at the interssection of 11th and Pearl.

The City will not respond to written questions submitted after the deadline unless it determines doing so is necessary or prudent for allowing all proposers to understand the services, needs of the City, scoring, or other aspect material to proposers’ responses.

Should the proposal submission deadline change, all prospective proposers will be notified through an addendum issued by the City and posted to www.bidnetdirect.com/colorado.

[Remainder of page left blank intentionally]

SCOPE OF

Scope of Services Pedestrian Mall Removable Bollard Design, Engineering, Procurement, and Installation

1. Project Overview

The City is developing a plan for the installation of crash and non-crash rated fixed and removable/retractable bollards, including traditional footer and shallow mount products and non-bollard products such as planters and boulders. The locations for bollard installation include the intersections of 11th St., Broadway, 13th St., 14th St, and 15th St. within the four-block Pearl Street Mall. Bollard installation should also be examined along the edges of the courthouse lawn. The bollard system is intended to provide crash resistance where viable, visual barriers or reducing speed for unauthorized vehicle access for zones that cannot support crash rated bollards, and actions to improve pedestrian safety while maintaining necessary access for emergency response, maintenance, deliveries, special events, and other authorized vehicles. The project should be completed by Spring, 2027.

The City has developed a preliminary bollard layout and is seeking a qualified bollard contractor/vendor and engineering team to provide a turnkey bollard project, including review and validation of the City's preliminary design, safety and security assessment, engineering, cost estimating, permitting, procurement, installation, testing, and project closeout.

The selected Contractor shall coordinate with the City throughout design and construction and shall be responsible for providing a complete and operational bollard system.

Known constraints for this project include but are not limited to:

• Complicated underground utility layout (city is currently receiving a topographic and utility survey, but consultant will need to verify with appropriate locates prior to construction).

• Various user groups who need daily access the mall by vehicle, including emergency vehicles, city staff, snow plows, event staff, deliveries, and private businesses such as food carts.

• Rushed timeline for installation by Pearl Street Mall’s 50th Anniversary in summer 2027.

• Project scope located within a historic district with a need for a Landmark Alteration

Certificate process and restoration of existing historic paving.

• Ongoing events on the Mall that may be impacted by construction, including Sundance

Film Festival in late January 2027.

2. Scope of Services

Task 0- Project Management and Meetings required to achieve project deliverables The Contractor will create a project management plan that will plan for:

• Site visits

• Meetings

• Schedule

• Deliverables

Task 1 – Existing Plan and Site Review

Review the City's preliminary bollard plan for the four-block pedestrian mall, including proposed locations, spacing, access points, circulation patterns, and anticipated operational requirements.

Conduct a site visit and review available information regarding:

• Existing paving and surface conditions

• Curbs, sidewalks, roadways, and pedestrian areas

• Known utilities and subsurface constraints

• Drainage conditions

• Emergency and service vehicle access

• Maintenance and operational access

• Food truck and merchandise cart access

• Accessible routes and pedestrian circulation

• Special event and temporary access requirements, including Sundance Film Festival

Identify potential physical, operational, utility, drainage, or construction constraints that may affect the proposed installations.

Task 2 – Bollard Plan Design Review and Validation

Evaluate the City's proposed bollard layout and confirm whether the proposed locations, spacing, configurations, and bollard types are appropriate for the intended application. Perform a

Safety and Security Assessment and provide recommended modifications to the City's preliminary plan where appropriate. Coordinate with project team and other city departments to confirm modified plan layout.

The review shall use a Safety and Security Assessment that considers:

• Effectiveness in controlling unauthorized vehicle access

• Potential unauthorized vehicle access points

• Efficiency, ease, and system of everyday bollard removal

• Vehicle approach routes and bypass opportunities

• Gaps or vulnerabilities within the proposed bollard layout

• Vehicle/pedestrian conflict areas including ADA/accessibility requirements

• Pedestrian and bicycle safety and circulation

• Emergency, operational, and vendor access

• Risks associated with maintenance of bollards

• Risks associated with everyday removal and time required to remove bollards in a security situation

• Risks associated with potential utility conflicts

• Drainage considerations

• Locations where additional or alternative protective measures should be considered (such as planters, art, or boulders)

• Constructability, timeline, and maintenance requirements

• Additional information deemed essential by Contractor.

Based on the Safety and Security Assessment and project constraints, Contractor to provide updated design and layout.

Task 3 – Engineering and Construction Documentation

Provide all engineering and construction documentation necessary to permit (City of Boulder

ROW Permit submitted by a licensed ROW Contractor), procure, and install the recommended bollard systems.

Engineering shall include, as applicable:

• Final bollard layout o City will provide 2026 utility and topographical survey, though Contractor is responsible for additional and required utility locates.

• Structural/foundation design

• Concrete footing dimensions

• Reinforcement requirements

• Bollard receiver/sleeve details

• Embedment requirements

• Pavement and surface restoration details

• Drainage provisions

• Installation tolerances

• Utility clearance requirements

• Manufacturer-specific installation requirements

• Site-specific installation details

• Structural calculations

Engineering documents requiring professional certification shall be prepared, reviewed, signed, and sealed by a Professional Engineer licensed in the State of Colorado.

Task 4 – Cost Estimating, Final Pricing and Product Procurement Develop a detailed project cost estimate at key milestones in the project, including an initial estimate or product comparison budget, value engineered design and pricing, and a final bid based upon the final approved design. Throughout the process, provide optional or alternative improvements to allow the city to evaluate potential cost savings or enhanced levels of protection. Pricing must include full cost of installation and construction management to complete the project.

For product procurement, and where subcontracted work is required, obtain competitive pricing for major construction components where requested by the City.

Identify:

• Manufacturer lead times

• Anticipated delivery schedule

• Product availability

• Substitution requirements

• Long-lead materials

• Potential procurement risks

No equipment shall be ordered until receiving authorization from the City.

Task 5 – Contractor Coordination, Traffic Plan, ROW Permitting Once final price is accepted for construction, a change order to include construction management services will be executed.

• Contractor must have or be able to apply for a City of Boulder ROW Contractor License and ROW Permit, including Traffic Control.

o Contractor Licensing | City of Boulder o Right-of-Way Permits | City of Boulder

• Contractor to work with city on Landmark Alternation Certificate approval for historic districts.

• Contractor must produce a traffic plan for the duration of construction.

• Contractor must coordinate sub-contractors for the work.

Task 6 – Construction and Installation

Contractor will act as Construction Manager to manage budget, schedule, and sub-contractors.

Contractor will provide all labor, equipment, materials, supervision, and subcontractors necessary to complete installation of the approved bollard system.

Construction shall include, as applicable:

• Mobilization and coordination with City of Boulder maintenance and operations

• Construction staking/layout

• Utility verification

• Brick masonry

• Excavation

• Protection of existing utilities and infrastructure

• Foundation construction

• Reinforcing steel

• Installation of bollard receivers/sleeves

• Installation of removable bollards

• Drainage provisions

• Concrete and pavement restoration

• Paver or specialty pavement restoration

• Site restoration

• Traffic and pedestrian control

• Protection of adjacent businesses and pedestrian areas

• Removal and disposal of construction debris

Coordinate construction sequencing and construction management with the Boulder Revised

Code. Coordinate construction directly with the City of Boulder to minimize impacts to pedestrian mall operations, adjacent businesses, special events, deliveries, and emergency access.

Task 7 – Testing, Commissioning, and Training

Following installation, inspect and test each bollard installation to confirm proper operation.

Testing shall include, but is not limited to:

• Installation and alignment verification

• Structural integrity

• Removal and replacement of removable bollards

• Locking mechanism operation

• Receiver/sleeve operation

• Drainage functionality

• Confirmation of required clearances

• Identification and correction of construction deficiencies

Provide training to designated City staff regarding:

• Bollard removal and replacement

• Locking/unlocking procedures

• Routine inspection

• Maintenance

• Winter operations

• Troubleshooting

• Replacement components

Task 8 – Project Closeout

Provide complete project closeout documentation including:

• Final as-built bollard plan

• Record drawings and installation details

• Manufacturer product information

• Operations and maintenance manuals

• Warranty information

• Keys and/or specialized removal tools

• Recommended spare parts

• Inspection and maintenance schedule

• Permit and inspection closeout documentation

• Final construction cost documentation

Correct punch-list items identified by the City prior to final acceptance.

3. City Review and Authorization Milestones

The Contractor shall not proceed to subsequent phases without City authorization at the following milestones:

Milestone 1 – Concept Validation City review and acceptance of the safety assessment, recommended bollard layout, and proposed bollard system.

Milestone 2 – Design and Cost Review

City review and acceptance of engineering documents, preliminary construction cost, and proposed implementation approach.

Milestone 3 – Authorization to Procure and Construct City approval of final construction pricing prior to ordering materials or commencing construction.

Milestone 4 – Final Acceptance City inspection and acceptance following installation, testing, correction of deficiencies, and receipt of closeout documentation.

5. Contractor Qualifications

The Contractor shall demonstrate experience with the design, engineering, procurement, and installation of removable vehicle bollard systems in high-pedestrian public environments.

The project team shall have demonstrated experience with:

• Vehicle access-control systems

• Removable bollard installations

• Vehicle barrier and impact protection systems

• Pedestrian safety

• Structural and foundation engineering

• Construction in active public spaces

• Utility coordination

• Permitting

• Construction management

Engineering documents requiring professional certification shall be prepared or reviewed and sealed by a Professional Engineer licensed in the State of Colorado.

PROPOSAL CONTENT

Considering the goals and objectives outlined above, the City is asking each proposer to prepare their individual approach to accomplish the program goals.

The proposal must contain all of the following information, in the same sequence as presented below. Each proposal should be straightforward and as concise as possible to satisfy the requirements of this RFP. Please limit the length of proposal sections to the maximum pages noted.

1. Cover Letter – Limit the cover letter to one (1) page maximum.

A cover letter explaining the most critical reasons your company should be considered for the project. Include the City RFP number.

2. Project Approach – Limit section to five (5) pages maximum.

Using the Scope of Work section, provide a concise explanation of the company’s ability to perform required work. Please include the following:

o A detailed description of your approach and experience relating to Tasks 2 & 6 o A brief description of your ability to complete all other tasks in the scope of services o Examples of a project(s) that demonstrate experience related to this work

3. Recent Service and Current Contacts for Reference Checks – Limit to three (3) pages maximum.

- Must be within the past seven (7) years.

- Describe the service, general scope, dates of service, and its relevance.

- Include service contact person(s) plus relevant phone numbers for reference checks.

- The City may consider reference checks at any time during the evaluation process and has no obligation to check references.

4. Service Team – Descriptions and Resumes – No Page Limit.

- Provide brief background on experience specific to this service. Include a staffing plan with qualifications of individual staff members who will be assigned to any contract, including the role they will fill in the delivery of services and hourly rates for each staff member.

- Provide a statement of staff time commitment to adhere to the targeted project schedule.

What can the City team expect from your team for general correspondence response times? Is your main project manager truly available for this project and can they be responsive?

5. Cost Proposal – No Page Limit.

Please provide a total cost estimate / quote for the services and deliverables listed in the scope of work, along with an itemized unit and rate schedule for staff, equipment, and services. Please identify a schedule of any and all additional fees, costs, and/or expenses related to the service that fulfills the scope of work requirements and deliverables.

6. City of Boulder Acceptance of Terms and Conditions – Complete and submit attached form.

Any requested deviations from the Terms and Conditions in the attached annual services agreement will delay the contracting process and potentially disqualify vendors.

7. City of Boulder Non-Collusion Certificate – Complete and submit attached form.

8. Certificate of Good Standing from the Colorado Secretary of State.

Provide a Certificate of Good Standing with the Colorado Secretary of State. If your company is not registered with the Colorado Secretary of State, include a statement addressing why you are not required to register or promising that, prior to entering into a contract with the City, you will register if the City awards you the contract.

EVALUATION CRITERIA

The City does not discriminate on the grounds of race, religion, color, age, sex, disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

Proposals the City determines fail to respond to a material component of this Solicitation may be rejected.

The award will be granted to the best proposer utilizing the following factors:

1. Financial Resources. Whether the proposer possesses adequate financial resources to perform the project or services or the ability to obtain the resources required for performance.

2. Experience & Technical Skill. Whether the proposer possesses necessary experience, organization and technical skill in the relevant fields or the ability to obtain them, including, without limitation, arrangements with subcontractors.

Further Explanation. This criterion includes evaluation of technical skill and ability of the proper, and includes consideration of past projects/work, project/work history, demonstration of the understanding of the project/work and ability to complete the same, and references.

3. Approach & Timing. Whether the proposer proposes a reasonable approach to achieve the project or service objectives.

Further Explanation. This criterion includes examination of project schedule, as well as capability to complete the work in timely fashion and according to the City’s needs.

4. Record & References. Whether the proposer has a satisfactory record of performance in developing and implementing similar projects or providing similar services in other jurisdictions.

Further Explanation. This criterion includes evaluation of any reference checks conducted by the City, as well as consideration of any references required by this solicitation.

5. Reasonable Costs. Whether the proposer will perform the project or services at a reasonable cost compared with the level of effort to be expended.

Further Explanation. This criterion includes consideration of the costs associated with the proposer’s services and proposed solutions, along with any terms, conditions, discounts, or opportunities for costs savings required or offered by the proposer that may alter such costs.

Interview – Optional. The City may elect to conduct interviews of one or more proposers. The

City may do so to better understand the interviewed proposers, their teams, their approaches, products, and solutions, and any other information relevant to the work or project described in this solicitation. In some instances, the City may request that the interviews include a presentation by the interviewed proposers. In these instances, proposers may prepare PowerPoint or other written materials that may assist the City in understanding and evaluating their bid. Proposers cannot plan on having an interview and, accordingly, are strongly encouraged to include all information necessary for the City’s evaluation in the proposal documents. In the event the City proceeds with interviews, the City will reconvene and make a final determination without a formal rescoring of proposals. The City reserves the right to include information provided by proposers in the contract documents following award:

The following is a list of the criteria that may be used in the award of this service:

Category Available Points

1. Financial Resources 20

2. Experience & Technical Skill 20

3. Approach & Timing 20

4. Record & References 20

5. Reasonable Costs 20

Total Possible Score 100

When evaluating proposals, the City may consider any applicable criteria not listed above but that are included in the City’s Purchasing Ordinance or the City’s Purchasing Policy Manual. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications, and financial ability of any proposer or their proposed subcontractors and other persons and organizations to do the work in accordance with the contract to City's satisfaction.

The proposer selected as the successful proposer will be expected to enter into a contract with the

City in a form approved by the City Attorney’s Office.

NO AWARD IS FINAL UNLESS AND UNTIL THERE IS A FULLY EXECUTED CONTRACT

BETWEEN THE CITY AND THE SUCCESSFUL PROPOSER. If , for any reason, the negotiations with the apparent successful proposer who satisfies all applicable requirements are unsuccessful, the City may terminate those negotiations and begin negotiations with a different proposer in order to contract with the proposer that best meets the needs of the City.

ACCEPTANCE OF TERMS AND CONDITIONS

Note: Complete and return this page with your proposal.

RFP Title: Pearl Street Bollards

RFP Number: 35-2026

The undersigned, as an authorized agent of the proposer, certifies that the proposer:

1. Has received addendums;

2. Is familiar with all instructions, terms and conditions, and specifications stated in this RFP;

3. Is qualified to perform the work and services outlined in this RFP; and

4. Has reviewed the form of agreement attached to this RFP.

Each proposer must indicate exceptions, if any, that its firm takes to any terms and conditions listed in the form of agreement attached to this RFP, as well as the RFP itself. Proposals which take exception to the specifications, terms, or conditions of this RFP or offer substitutions shall explicitly state the exception(s), reasons(s) therefore, and language substitute(s) (if any) in this section of the proposal response. Failure to take exception(s) shall mean that the proposer accepts the conditions, terms, and specifications of the RFP, including the attached form of agreement.

Check the appropriate box below and complete this section as applicable:

☐ My firm takes no exception to the specifications, terms, and conditions of this RFP.

☐ My firm takes exception to the following terms and conditions in this RFP:

Signature

Printed Name

Title

Company Name

Phone No. (Individual)

E-mail (Individual)

NON-COLLUSION CERTIFICATE

Note: Complete and return this page with your proposal.

RFP Title: Pearl Street Bollards

RFP Number: 35-2026

The undersigned, being duly sworn, deposes and says that the person, firm, association, partnership-or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City of Boulder for consideration in the award of a contract for the project or work described in this RFP.

Signature

Printed Name

Title

Company Name

Phone No. (Individual)

E-mail (Individual)

FORM OF AGREEMENT

CONSTRUCTION CONTRACT

(Progressive Design-Build with Lump Sum)

Department: Department Name

Project Name: Project Name Project Summary: Project Summary

Contractor: Contractor's Legal Name Contract Amount: $Amount

EXHIBITS

Exhibit A Solicitation Exhibit B Response to Solicitation Exhibit C General Conditions Exhibit D Special Conditions Exhibit E Federal Aid Provisions

EFFECTIVE DATE:

Construction Contract Main Body Design-Build with Lump Sum Page 2 of 23 City of Boulder, Colorado

This Construction Contract (this “Contract”) is made and entered into as of the date appearing on the title page (above) (the “Effective Date”) between the City of Boulder, a Colorado home rule municipality (the “City”), and Contractor's legal name, a Contractor's state of incorporation Contractor's form of entity (“Contractor”). The City and Contractor may hereinafter be referred to individually as a “Party” or collectively as the “Parties.”

Defined terms for this Contract, including these pages comprising the main body of this Contract, are contained at Appendix 1 of Exhibit C.

RECITALS

A. In accordance with the City’s purchasing ordinance, the City issued a solicitation known as RFP No. (and Title, if you like) (the “Solicitation”), for the construction of [Project name or describe the project], as further described herein (the “Project”). The Solicitation, including any Addendum, is attached as Exhibit A and incorporated by this reference.

B. Contractor responded to the Solicitation, and Contractor’s response is attached as Exhibit B.

C. The City has evaluated proposers and has selected Contractor to perform the Work.

Contractor will be providing design services and otherwise serving as the design-build general contractor for the Project.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing and the terms, conditions and covenants included in this Contract, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

1. “Contract Documents” Defined. The “Contract Documents” consist of: (a) this Contract (main-body), including the cover page through signature page; the Solicitation (Exhibit A), Contractor’s Response to the Solicitation (Exhibit B), the General Conditions (Exhibit C), the Special Conditions (Exhibit D), the Federal Aid Provisions (Exhibit E); (b) Amendments; (c) upon their submission by Contractor to the City or inclusion herein as part of contract execution, whichever occurs first, performance bond and labor and material payment bond; (d) upon their completion and approval by the City, any Drawings and Specifications, and Forms 1 through 9 and Form 13 of Exhibit C (e.g., Change Orders, Guarantee Period Inspection Report); and (e) upon their completion, signature by all affected parties, and submission to the City, Forms 10 through 12 of Exhibit C (e.g., release and waivers;

Affidavit that All Claims are Satisfied; Surety Consent to Final Payment).

2. The “Work.” Contractor will serve as general contractor for the Project and all work necessary to complete the Project, including retaining, supervising, and overseeing the work of subcontractors, such as design services. The construction work and services described in the Solicitation (Exhibit A), the General Conditions (Exhibit C), the Special Conditions, if any (Exhibit D), and herein constitute the “Work.” Contractor shall perform the Work pursuant to the terms and conditions of these Contract Documents.

Contractor’s Work includes all services and activities necessary to design, manage, and achieve construction of the Project in a form that receives all governmental approvals, permits, licenses, Design-Build with Lump Sum Page 3 of 23 City of Boulder, Colorado authorizations, and clearances (hereafter, collectively, “Governmental Approvals”) required for lawful construction and completion of the Project. For avoidance of doubt, the Parties agree that the Work specifically includes all Work identified in the Solicitation, including [Describe any work activities which may be "on the bubble" of being included in the work, but which we need to ensure are included]. Contractor agrees to render all services and activities that are necessary to complete the Project, except the Parties agree that the “Work” does not include services or activities which are expressly identified in these Contract Documents as specifically excluded from Contractor’s services.

3. Payments. Subject to the terms and conditions of these Contract Documents, including any additions or deductions to the Contract Price that occur by Change Order, the City shall pay Contractor, for the performance of the Work in accordance with these Contract Documents. Because these Contract Documents create a two-phase framework for completing the Work – a Design and Preconstruction Services phase and a Construction Services phase – and a Construction Services Amendment, if executed, will distinguish the two phases, payment will be made based upon each phase, according to the following terms and conditions:

A. Design and Preconstruction Services. The Parties agree that the payment for all of Contractor’s Design and Preconstruction Services – including all fees and costs rendered through its subcontractors, professional service providers, consultants, and other agents – is payable as follows:

☐ Fixed-Fee Lump Sum. Payable in a fixed-fee lump sum upon Contractor’s successful completion of all Design and Preconstruction Services, and the City’s acceptance of the same, in the amount of [Reserved or Insert $ amount].

☐ Hourly, Subject to Not to Exceed Value. Payable in a fixed variable rate basis, subject to the following conditions: (1) the fixed variable rates are as set forth at [Reserved or describe the list of variable rates], and (2) the total expenditures shall not exceed [Reserved or Insert $ amount] during the Design and Preconstruction Services phase. Contractor agrees that, provided the City does not elect to do substantial re-design or design that materially deviates from the drawings and initial design documents provided by the City at the outset of design, Contractor will ensure all Design and Preconstruction Service costs incurred prior to the Construction Phase will be completed at or below the not to exceed amount in the prior sentence.

☐ Fixed-Fee Deliverable. Payable by the City on a fixed fee deliverable basis upon Contractor’s completion of all activities associated with each deliverable to the satisfaction of the City, according to the following schedule:

[Reserved or list fixed fee deliverables, along with the accompanying dollar amount]

The City agrees to review each deliverable within ten (10) business days of the DBT’s provision of the deliverable, along with all accompanying related documents and materials reasonably requested by the City. If requested by Contractor, the City agrees to provide a written response to the DBT of any deficiencies or issues.

Design-Build with Lump Sum Page 4 of 23 City of Boulder, Colorado

The dollar values in this Section 3(A) constitute the complete and total payment obligations of the City, inclusive of all costs, fees, and expenses whatsoever, for the Design and Preconstruction Services phase. These dollar values may only increase through Change Order or Amendment.

B. Construction Services. If the City elects to proceed with construction – as memorialized via a “Construction Services Amendment” – pricing for construction services, including design services rendered during construction, shall be determined through the Construction Services Amendment. The Construction Services Amendment shall utilize the same fixed variable rates and unit prices as are set forth in Contractor’s Response to the Solicitation (if any such rates or unit prices are included therein), and shall be construed as creating a sum-total, not to exceed value, subject to the limited changes in costs that may occur, as authorized or required under these Contract Documents.

C. Total Budget. Contractor acknowledges that the City’s overall budget for the Project, including all Work necessary or attenuate to full and final completion of the Project, is [Reserved or Insert $ amount]. Contractor agrees to – to the maximum extent feasible – to design the Project, and to otherwise plan and formulate the Work in a way, that will keep the total of it’s costs, including the costs of all of its subcontractors, professional service firms, and other agents, below this amount. This amount may be adjusted upwards only through an Amendment, such as the Construction Services Amendment.

D. Federal-Aid Provisions. Contractor agrees to adhere to those general federal aid funding provisions designed to comply with law that are contained in Exhibit E, Federal Aid Provisions, as well as those unique obligations and requirements that are applicable by virtue of the City’s use of funds under the following federal program:

federal program name. Contractor agrees these unique funding obligations and requirements include, but are not limited to, the following: Insert any specific requirements pertaining to the use of funds, such as final results that must be achieved, statute or regulations that govern the use of the funds, and/or the unique legal or regulatory requirements of the use of funds

4. Order of Precedence.

A. In the event of any conflict arising from errors or inconsistencies within these Contract Documents, the following order of precedence shall apply:

1. Amendments

2. Federal Aid Provisions (Exhibit E)

3. Change Orders

4. This Contract (main body)

5. Special Conditions (Exhibit D)

6. General Conditions (Exhibit C)

Design-Build with Lump Sum Page 5 of 23 City of Boulder, Colorado

7. Performance Bond and Labor and Material Payment Bond documents (for projects of $50,000 or more)

8. Permitting or Licensing Conditions as interpreted by the Permitting or Licensing Authority

9. Drawings (See General Conditions, Section 301)

10. Technical Specifications

11. Referenced Standard Specifications

12. The Solicitation, including any Addenda thereto (Exhibit A)

13. Contractor’s Response to the Solicitation (Exhibit B)

B. With reference to the Drawings, the order of precedence, as between them, shall be as follows:

1. Figures govern over scaled dimensions.

2. Detail Drawings govern over general Drawings.

3. Addenda/Change Order drawings govern over Contract Drawings.

4. Contract Drawings govern over standard drawings.

5. Written specifications govern over Contract Drawings and Details.

5. Design Services. The City’s initial conceptual design drawings and/or requirements are found in the Solicitation. As part of the Work, Contractor will need to retain or provide design services, to include [Describe the design services needed. (E.g., "Engineering services as required to plan the road expansion" or "Architectural services needed to renovate the building at the site").