biddoc.pdf

DRAFT

Request for Proposal

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Fencing Project at 11600 Ridge Parkway

The City and County of Broomfield

Procurement Division

One DesCombes Drive

Broomfield, CO 80020

PROPOSAL CRITICAL DATES SCHEDULE

All Times Listed are Mountain Time

Solicitation Posted to BidNet September 11, 2026

Pre-Proposal Meeting September 30, 2026 11:00 AM

Questions due in BidNet October 9, 2026 2:00 PM

Q&A Posted to BidNet October 14, 2026

Solicitation Closing Date October 30, 2026 2:00 PM

Revised June 2, 2026

TABLE OF CONTENTS

1. GENERAL INFORMATION. 4

2. SCOPE OF WORK AND REQUIREMENTS. 7

3. TECHNICAL PROPOSAL REQUIREMENTS 7

4. INSTRUCTIONS AND SUBMISSION REQUIREMENTS. 11

5. EVALUATION AND METHOD OF AWARD 12

6. COOPERATIVE PURCHASING EFFORTS 14

7. GENERAL SOLICITATION TERMS AND CONDITIONS 15

Exhibits

Exhibit A - Detention Center Site map

Links

BidNet Website: www.bidnetdirect.com/colorado

Evaluation Criteria

Proposer Questionnaire

Sample Agreement

The City & County of Broomfield wants to thank all Proposers in advance for their interest.

Fencing Project At 11600 Ridge Parkway https://drive.google.com/file/d/18PnQakRzhU7xk0BTFz-0w95U-wBNyFiL/view?usp=drive_link http://www.bidnetdirect.com/colorado https://drive.google.com/file/d/1e_H5CIBYoI12TsC2DsbekbXPmrqQWMxW/view?usp=sharing https://docs.google.com/document/d/1VOz7_zlWtLrIBYSBeGEgzUc0NreWTGqqvjlXkJtP1cY/edit?usp=sharing https://drive.google.com/file/d/1aLkFaKtw1evvaqI-ioJA3pCzzi5Zdml9/view?usp=sharing

THE CITY AND COUNTY OF BROOMFIELD

Mission Statement

As dedicated stewards of Broomfield, our community-focused team delivers meaningful and impactful services and support.

Guiding Values

Integrity – Committing to doing what is right, especially when it’s challenging.

Stewardship – Fostering innovative and responsible management of resources.

Collaboration – Engaging in inclusive partnership, teamwork, and cooperation with each other and the community.

Caring – Nurturing an environment where compassion and empathy extend beyond words to support the well-being of our employees and community.

Customer Service – Creating a quality customer experience through respectful, reliable, and accessible service.

Commitment to Diversity, Equity and Inclusivity.

The City and County of Broomfield has made diversity, equity and inclusion one of the top priorities of the organization and seeks to align this priority to the organization’s mission and guiding values as stated below.

The values of diversity, equity, inclusivity, and accessibility are inherent to the City and County’s strategy to welcome, develop and maintain prosperous communities.

Accordingly, these values are embedded into all the City and County’s procurement processes to ensure competitive procurements that offer equitable opportunities for all potential submitters. It is a primary value to lawfully promote economic equity by engaging a more diverse and inclusive community of vendors and contractors. Through this lawful promotion of equity, diversity, and inclusion, the City and County strives to improve opportunities that ensure fair and just access to jobs, housing, education, mobility options, and healthier communities. Each procurement opportunity is to be approached with ethical and honest behavior.

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1. GENERAL INFORMATION.

1.1. Project Description. The City and County of Broomfield (hereinafter known as “CCOB”) acting through the Police Department, is seeking proposals from qualified contractor to supply and install a perimeter fence at 11600 Ridge Parkway (“Project”).

1.1.1. CCOB intends to execute one (1) contract for the services requested in this Request for Proposal (“Solicitation”). In all cases, CCOB reserves the right to negotiate all contract amounts.

Parties interested in submitting a proposal are required to follow the guidelines and instructions contained in this Solicitation.

1.2. Terms. The term “Proposer” refers to each person or entity that submits a proposal in response to this Solicitation. The term “Awarded

Contractor” refers to the person or entity to which a contract is awarded.

1.3. E-Procurement System. CCOB, along with the other participating agencies, utilizes the Rocky Mountain E-Purchasing System hereafter referred to as “BidNet” to post proposals, amendments, and award information. Proposers must register themselves online prior to

Solicitation submission by visiting the BidNet website:

www.bidnetdirect.com/colorado.

1.3.1. CCOB shall issue written addenda if substantial changes, which impact the submission of the Solicitation, are required. Copies of such addenda will be distributed via the BidNet system. In the event of conflict with the original agreement documents, addenda shall govern all other agreement documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.

1.4. Critical Dates. Projected activities and the tentative schedule related to this Solicitation are identified on the title page Critical Dates, and are subject to change. In the event these dates change, Proposers will be notified on an addendum posted on BidNet.

1.5. Pre-Proposal Conference. A Mandatory will be held for this Solicitation.

The pre-proposal conference will be held on September 30, 2026 at

11:00 AM Location and time to be provided upon registration. You must register to attend with the Procurement Official listed in Section 1.11 by

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Fencing Project At 11600 Ridge Parkway http://www.bidnetdirect.com/colorado

2:00 PM September 28, 2026. No other Pre-Proposal Conference will be scheduled for this Solicitation opportunity.

1.6. Proposer Questions. All questions for this Solicitation will only be accepted on BidNet. If you have issues with uploading your questions, please contact BidNet at 1-800-835-4603, for all technical and customer support. Any Proposer submitting questions shall be responsible for ensuring that the questions are delivered no later than the date and time identified on the title page of this Solicitation.

1.6.1. BidNet limits the characters available to input for CCOB to respond to each question. For this reason, multiple questions may not be submitted as a single question, as CCOB is unable to respond to multiple questions in the space provided. Because of this limitation, multiple questions per entry will not be answered.

A multi-part question containing an initial question and a follow-up is the exception to this rule.

1.7. Interviews. CCOB may at its discretion, elect to interview one (1) or more Proposers that submit a proposal, but is not required to do so. The interview may either be conducted via a virtual platform or in person in

Broomfield, Colorado.

1.7.1. The determination of whether to conduct interviews with the finalist(s) shall be made by CCOB based solely on its determination of whether interviews would be helpful in evaluating the proposals.

1.7.2. Any Proposer selected for an interview will be expected to make an introductory presentation followed by a demonstration and question and answer period. CCOB will not reimburse any travel related or other expenses related to an interview.

1.7.3. No other dates will be available for the interviews and the

Proposer shall be available during these dates. It is the Proposer’s responsibility to make appropriate arrangements to make these dates and contact the Procurement Official if an emergency arises.

1.8. Silence and Omissions. The apparent silence or omissions within this

Solicitation regarding a detailed description of the materials and

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services to be provided shall be interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be used.

1.9. Anti-Collusion. The Proposer by submitting a Proposal, certifies that their Proposal is made without previous understanding, agreement, or connection either with any persons, firms or corporations offering a

Proposal for the same items or with CCOB The Awarded Contractor also certifies that the Proposal is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

1.10. Communications. Contact with any CCOB representative, other than that outlined herein, concerning this Solicitation is prohibited and may deem your company non-responsive.

1.11. Contact Person. CCOB will not answer any telephone inquiries about this

Solicitation. Direct all inquiries and correspondence in writing regarding this Solicitation to the Procurement Official listed below:

City and County of Broomfield Procurement Division George Dunn

Senior Procurement Specialist

E-mail: solicitations@broomfield.org

1.12. Interpretations. Any official interpretation of this Solicitation must be made by an agent of CCOB’s Procurement Division who is authorized to act on behalf of CCOB. CCOB shall not be responsible for interpretations offered by employees of CCOB who are not agents of CCOB’s

Procurement Division.

1.13. Inconsistencies. Any inconsistencies noted by the Proposer upon review of this Solicitation shall be brought to the attention of the Procurement

Division, who shall be solely responsible for resolving any such inconsistencies. Notices of inconsistency shall be provided to solicitations@broomfield.org with details identifying the inconsistency.

1.14. Reasonable Accommodations. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of CCOB, should contact the ADA Coordinator at 303-438-6231 as soon as possible but no later than forty-eight (48) hours before the scheduled event.

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Fencing Project At 11600 Ridge Parkway mailto:solicitations@broomfield.org mailto:solicitations@broomfield.org

1.15. Payment. The Awarded Contractor will timely issue invoices for products and/or services delivered or rendered pursuant to this Agreement.

Unless a different payment schedule is specified in this Agreement, timely issuance of invoices is considered within thirty (30) days after the end of the month when services are rendered. Failure to submit invoices for timely payment will result in nonpayment. Notwithstanding the above, all invoices for products and/or service delivered in CCOB’s fiscal year (January 1 to December 31) must be submitted no later than 30 days after the end of the fiscal year, or by February 1st of each calendar year.

1.15.1. Detailed invoices for such Work shall include (a) date on which

Work was provided, (b) details of the Work provided, (c) and include the purchase order number. Payment for products and/or services not included in this Agreement and not approved by CCOB in writing, shall not be considered valid and CCOB will not be responsible for covering associated costs. Invoices shall be paid within thirty (30) days of approval by the CCOB representative.

Invoices which do not conform with the Agreement will be paid thirty (30) days from receipt of a revised and corrected invoice in conformance with this Agreement.

1.15.2. CCOB will notify the Contractor of any dispute with respect to an invoice in writing. Both Parties will use best efforts to resolve any dispute within 180 days. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation may be recovered from the Contractor by deduction for subsequent payments due to the

Contractor under this Agreement or other contracts between

CCOB and the Contractor.

1.15.3. Invoicing for Purchase Orders shall be submitted to a centralized

Accounts Payable Department at apinvoices@broomfield.org.

2. SCOPE OF WORK AND REQUIREMENTS.

2.1. Background. Fencing is currently located at the East and West entrances of the Detention Center, but it does not fully secure the perimeter. Due to growth in the area, including immediate property development directly to the east of the facility, a comprehensive barrier is needed.

Constructing this fence will clearly establish a perimeter boundary to deter unauthorized individuals from entering employee parking areas, 26-RFP-PD-002

Fencing Project At 11600 Ridge Parkway mailto:apinvoices@broomfield.org the sallyport, and exterior inmate worker interactions while mitigating potential threats to facility and inmate security.

2.2. Scope of Work. CCOB is seeking proposals for a new perimeter fence surrounding 1600 Ridge Parkway to establish a clear boundary from adjacent properties.

2.2.1. Supply and install approximately four thousand (4,000) feet of six

(6) foot metal privacy fence along the unsecured exterior perimeter.

2.2.1.1. It is the sole responsibility of the Proposer to inspect the site and independently measure the area to verify all final quantities required prior to bid submission. CCOB provides estimated footages for reference only.

2.2.1.2. The Awarded Contractor will be responsible for obtaining utility locates and any required permits.

2.2.1.3. Upon completion of all work, the Contractor shall fully restore all ground conditions, landscaped areas, unpaved surfaces, and paved areas affected by construction activities to a condition equal to or better than pre-project conditions.

2.2.2. Fence Layout and Connections. The path and end points for the fence installation are shown by the solid red line on Exhibit A:

Detention Center Site map.

2.2.2.1. Connect to the existing gate on the East side.

2.2.2.2. Continue toward the road leading to the range, keeping the range road open.

2.2.2.3. Continue to the South side of the solar panel fencing.

2.2.2.4. Resume on the North side of the solar panel fencing and run to the West Gate entrance.

2.2.2.5. The proposed fence will follow existing site grading.

2.2.3. Aesthetics and Materials. The material does not need to match the existing fence exactly, but it must be aesthetically compatible and visually cohesive with the existing structure.

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Fencing Project At 11600 Ridge Parkway https://drive.google.com/file/d/18PnQakRzhU7xk0BTFz-0w95U-wBNyFiL/view?usp=drive_link

2.2.3.1. Proposers must submit a one (1) foot by one (1) foot sample of the proposed fencing material to the Procurement

Division, One DesCombes Drive, Broomfield, CO 80020, prior to the solicitation closing date and time.

2.2.3.1.1. This physical sample is the only portion of the

proposal permitted for in-person delivery; all other proposal documents and pricing must be submitted electronically via BidNet, as outlined in Section 4.4.

2.2.4. Structural Quality and Durability. All materials must be high-quality to ensure a strong foundation and a solid structure capable of withstanding high wind conditions.

2.2.5. Warranty. Pricing must include a structural, workmanship, and material warranty.

2.2.5.1. The contractor must provide a minimum one (1) year

warranty on workmanship and a five (5) year warranty on all materials.

2.3. Facility Access and Operational Requirements. Contractors are expected to strictly adhere to these access limitations and site communication protocols throughout the duration of the project.

2.3.1. Crews will not perform work inside the facility or utilize the sallyport. All personnel must check in upon arrival on-site and maintain active communication with the administrative sergeant or the shift commander.

2.3.2. Individual background checks and dedicated security escorts are not required for on-site crew members.

2.3.3. Operations, deliveries, and fence installation are permitted on-site daily between 7:00 AM and 7:00 PM.

2.4. Schedule of Work.

2.4.1. The target start date for this project is November 2026.

3. TECHNICAL PROPOSAL REQUIREMENTS

3.1. Proposal Response Requirements. In order to be eligible for consideration, the Proposer needs to submit all requested information.

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The omission of any information may be grounds to disqualify the

Proposer from further consideration. Answers must establish to the satisfaction of CCOB that the Proposer has adequate resources and capacity to complete the required Project as defined in this Solicitation.

3.2. Project Approach.

3.2.1. Describe your firm’s understanding of the purposes and objectives of the Project.

3.2.2. Detail the approach your firm will take to satisfy the project objectives and meet specific requirements as described in this

Solicitation.

3.2.3. Identify issues that typically surface during this type of project and how your firm is prepared to resolve these issues.

3.2.4. Please confirm your firm’s capacity, current workload and availability to dedicate resources to meet or exceed the CCOB’s tentative Project Schedule included within section 2.4.

3.2.5. The Proposer shall provide a statement as to how they will ensure good faith efforts in assisting CCOB to ensure how equity considerations will be met and integrated through the process and final outcomes.

3.3. Team Qualifications.

3.3.1. Proposer’s Organization Chart. Identify the management structure and all associates and sub-consultants you intend to partner with for this project. Cleary list their task descriptions, as well as their ‘home’ location.

3.3.2. Background. Provide a brief background of your personnel who will be assigned to this project, their role in the project, and how their previous experience relates to this project. Also, describe your (firm/ project manager’s) method of keeping projects within budget and on schedule.

3.3.3. Geographic Location. A local based team is not required, however, it is preferred for the ability to meet in person and on-site with project stakeholders. Please identify the ‘home’ location of core

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team members; if they are not local please identify how they will meet project milestones and fulfill scope of work requirements.

3.3.4. Resumes. Provide resumes and roles of key personnel or intended sub-consultants, one (1) page max, that will be engaged on the project to include a brief explanation of each individual’s experience and proven ability working on similar projects.

Resumes should be included in an appendix at the end of your submitted Proposal.

3.3.5. Sub-Consultants. All associates and sub-consultants you propose to partner with for this project and their background information.

List their task descriptions clearly and the costs associated with each task.

3.3.6. Workload and Capacity. Information regarding your firm’s present and committed workload and capacity through the completion of this Project, including considerations of any subsequent design of the preferred alternative.

3.3.7. Comparable Project Experience.

3.3.7.1. Include 3-5 examples of similar scope and size projects for which your firm has completed within the last five (5) years. Project examples should include:

3.3.7.1.1. Name, location, and brief description of the project, including project dates.

3.3.7.1.2. Owner or Client information including organization, point of contact name, phone number and email.

CCOB may use this information to contact and verify performance or details of the listed project.

3.3.7.1.3. Project photographs or other visuals

3.3.7.1.4. Project budget or cost including design, construction and total.

3.3.7.1.5. Identify which staff were assigned to this project and their roles.

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3.3.7.1.6. Did the project finish on time and on budget?

Identify any change orders.

3.4. Cost Proposal and Budget. The Proposer shall submit a Cost Proposal and

Budget in the format of their choosing which includes the estimated work hours by task, hourly rates, labor rates, material and any equipment cost to complete the project. A table for other costs shall be used for all costs not associated with a particular task or deliverable listed. The Cost Proposal and Budget shall include all other costs applicable to the project, including any not directly mentioned in the

Solicitation.

3.4.1. The Cost Proposal and Budget, post negotiation, shall become the pricing sheet included in the final agreement. Please be sure that in the Proposal submission, this section is easily detachable from the rest of the proposal.

3.4.2. Provide an itemized breakdown of tasks, time allocated, and cost associated with each task.

3.4.3. Proposers should discuss payment requirements including, billing methodology for goods and services and any discounts for early payment.

3.4.4. All exclusions and additional costs assumed by the Proposer to be the responsibility of Broomfield shall be clearly stated. Any items not listed on the pricing forms will be considered to be included in the price of the unit at no additional cost to CCOB.

3.5. Additional Submittal Documentation. In addition to the requirements above, Proposers shall complete and submit all of the documentation described below. These documents should be submitted separately from the Technical Proposal and Costs above. The following information will also be used to evaluate each submittal.

3.5.1. Proposals must be submitted in full, with all required documents listed below and should be titled "(Vendor Name) Solicitation

Number – (Project Title)”. CCOB uses the Submission Form

Structure within BidNet, which requires Proposers to submit each item individually based on the form structure required in BidNet on or before October 30, 2026 2:00 PM.

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3.5.1.1. Completed Proposal Submission

3.5.1.2. Complete Pricing

3.5.1.3. Physical Fencing Material Sample (Delivered in-person or by mail to One DesCombes Drive prior to closing date)

3.5.1.4. Completed Questionnaire

3.5.1.5. IRS Form W-9.

3.5.1.6. A Colorado Certificate of Good Standing dated within the past four (4) months from the contracting entity which can be obtained from the Colorado Secretary of State’s

Website.

3.5.1.7. Bid Bond/Security is required if Solicitation Amount is

$50,000 or Greater

3.5.1.7.1. Bid Bond Template

4. INSTRUCTIONS AND SUBMISSION REQUIREMENTS.

4.1. Method of Submission. CCOB, along with the other participating agencies, utilizes the Rocky Mountain E-Purchasing System (hereafter referred to as “BidNet”) to post proposals, amendments, and award information. Proposers must register themselves online prior to qualification submission by visiting the BidNet website www.bidnetdirect.com/colorado. It is the intent of CCOB to issue all addenda through BidNet.

4.1.1. It is the Proposer’s responsibility to update their profile on BidNet with new addresses, telephone numbers, contact persons, and a listing of commodities and services provided by the Proposer.

4.1.2. Proposers requiring technical assistance when registering, or who do not have internet access, should contact BidNet directly at

(800) 835-4603, for all technical and customer support questions.

4.2. Solicitation Notifications. Upon registration in BidNet, Proposers are automatically placed on CCOB’s bid list. Proposers will continue to receive solicitation notifications for the commodities specified during registration. Proposers may view all formal proposals and amendments

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Fencing Project At 11600 Ridge Parkway https://drive.google.com/file/d/1oJ6Emox5MLPtP3-LpXuU9Xt6gde7Jnhh/view?usp=sharing https://www.sos.state.co.us/pubs/business/businessHome.html https://www.sos.state.co.us/pubs/business/businessHome.html https://drive.google.com/file/d/1L93lQiB97TmqAEirDXJLvkLYbYRDBM5r/view?usp=sharing http://www.bidnetdirect.com/colorado online or be removed from future solicitations.

4.3. Release of Information. During an active Solicitation, to maintain the integrity and process, CCOB will not release any information until after an Award of an executed agreement has been made. After the issuance of an intent to award, CCOB may elect to post the name and the amount of the intended awardee’s bid or proposal.

4.3.1. All public communication regarding the award of a Solicitation will be provided through the BidNet system. Bid tabulations of submittals will be provided only as required by federal or state laws or regulations and will be made available only after the award.

4.3.2. During the active Solicitation, communication outside of the assigned Procurement Official, identified in section 1.11., is not permitted.

4.4. Instructions For Submission. Proposals must be submitted in full, with all required documents listed below and should be titled "(Vendor Name)

Solicitation Number – (Project Title)”. CCOB uses the Submission Form

Structure within BidNet, which requires Proposers to submit each item individually based on the form structure required in BidNet on or before

October 30, 2026 2:00 PM.

4.4.1. The submitting party must indicate an expiration date for the submittals. Any expiration date shall not be less than ninety (90) days from the Solicitation Award Date.

4.4.2. Proposals received after the specified time will not be considered and individual extensions to the due date will not be granted.

4.4.3. All material submitted in response to this Solicitation will become the property of and retained by CCOB. Successful and unsuccessful Proposers will be notified by electronic mail.

4.5. Modification to Submission. Proposals may be modified after submission by withdrawal and resubmission only prior to the Solicitation Closing

Date and Time stated on the title page of this Solicitation. If you need assistance, please contact BidNet at (800) 835-4603, for all technical and customer support.

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4.5.1. No information should be submitted that is not intended to be incorporated into the submittal or any agreement, which may result from such a proposal.

5. EVALUATION AND METHOD OF AWARD

5.1. Proposal Evaluation Criteria. CCOB will evaluate Proposers based upon the written response to the Solicitation; Proposer interviews; references;

and any other information requested by CCOB. A copy of the Evaluation

Criteria can be reviewed through the link below:

Solicitation Evaluation Criteria Table

5.2. Method Of Award. Award shall be made to the most responsive and responsible Proposers meeting the specifications and deemed to be in the best interest of CCOB.

5.2.1. Final evaluation may be based on, but not limited to, any or all of the following: price, adherence to specifications, previous experience with similar projects, reference checks, and delivery timeline.

5.2.2. Those that are clearly non-responsive to the stated requirements may be eliminated prior to this evaluation.

5.2.3. Proposers submitting an unsuccessful proposal may, within seven

(7) days of the notice of contract award, request a meeting for debriefing and discussion of their proposal. The request must be in writing addressed to the Procurement Official in section 1.11, CCOB employees are unable to provide debriefing information, unless authorized by the Procurement Division.

5.3. Evaluation Committee. CCOB’s Evaluation Committee will evaluate each

Solicitation response and make its selection, in its sole discretion, based on the following criteria listed in the Evaluation Criteria in section 5.1 above, in addition to interviews and references.

5.3.1. CCOB may elect to conduct interviews with top ranked Proposers as part of the process of determining which Proposer is most qualified.

5.4. Additional Considerations. CCOB reserves the right to:

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Fencing Project At 11600 Ridge Parkway https://drive.google.com/file/d/1e_H5CIBYoI12TsC2DsbekbXPmrqQWMxW/view?usp=sharing

5.4.1. Accept any one or more than one proposal;

5.4.2. Late submissions or modifications of submissions will not be accepted or considered.

5.4.3. Withdraw or cancel this Solicitation;

5.4.4. Modify or amend, with the consent of the Proposer, any proposal prior to acceptance;

5.4.5. Negotiate with the Proposer;

5.4.6. Reject any or all Proposals or portions thereof received in response to this Solicitation and waive minor irregularities and informalities in the Proposal received or cancel this Solicitation if it is in the best interest of CCOB to do so;

5.4.7. Conduct interviews or invite Proposers to perform formal presentations;

5.4.8. Require the Proposer to clarify any information provided or to require Proposer to submit additional information determined necessary by CCOB to adequately evaluate the proposal;

5.4.9. If any Proposer knowingly makes a misrepresentation in submitting information to CCOB, such misrepresentation may be enough grounds for denying qualification to that Proposer, rescinding the

Proposer’s qualification, or rejection of a Solicitation during the procurement period. Any such misrepresentation may also result in debarment of the applicant by CCOB on future projects; and

5.4.10. The costs of developing and submitting a Solicitation response is entirely the responsibility of the Proposer and no cost shall be reimbursed by CCOB

5.5. Insurance. The Proposer, if awarded an agreement, shall procure all insurance as specified in this solicitation or as listed in the sample agreement, which shall be written for not less than the amounts specified or greater if required by law, and shall be maintained for the duration of any agreement. The Awarded Contractor will be responsible for complying with this section and any additional terms provided in the sample agreement prior to beginning work.

5.5.1. All insurers must be licensed or approved to do business within

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the State of Colorado, with no less than an A.M. Best Company rating of A- VII.

5.5.2. CCOB, its officers, board members, agents, employees and volunteers acting within the scope of their duties for CCOB its officers, board members, agents, employees and volunteers acting within the scope of their duties for CCOB shall be named as

Additional Insured on all Commercial General Liability, Umbrella

Liability, Excess Liability and Automobile Liability Insurance policies, and for any construction contract, require Additional

Insured coverage for completed operations.

5.5.3. A Waiver of Subrogation is provided in favor of the Additional

Insureds as respects to all policies.

5.5.4. Lower amounts and other deviations from the standards given will only be accepted upon review and written approval by the CCOB’s

Risk Management Office.

5.6. Agreement. The successful Proposer will be expected to enter into a contract with CCOB containing the general terms and conditions of the included sample agreement and the mutually agreed upon negotiated provisions, which at a minimum will contain the contents of the successful Proposer’s submission as well as the final scope of work.

5.6.1. CCOB will not disclose any information derived from proposals submitted, or from discussions with other Proposers prior to award.

5.6.2. A copy of the Sample Agreement can be located through the link below:

Sample Agreement

5.6.3. CCOB notes that pursuant to the final executed agreement, the

Awarded Contractor will be required to submit performance and labor and material bonds prior to commencing any construction.The Labor and Material Payment Bond and

Performance Bond in the forms substantially attached will be accepted by CCOB.

5.7. Award Posting. After the award of an executed agreement, the

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Fencing Project At 11600 Ridge Parkway https://drive.google.com/file/d/1aLkFaKtw1evvaqI-ioJA3pCzzi5Zdml9/view?usp=sharing https://drive.google.com/file/d/1YK3nLUKPjMEAkj01BFIrxbvHX4zzjYvw/view?usp=sharing https://drive.google.com/file/d/1Ya372GTZM8zrbg_8EnQeNwiJ67j8E9lI/view?usp=sharing solicitation file including any submissions are available for public record, excluding any items identified by CCOB as trade secrets, proprietary, or other protected information. Requests for information must follow the process for disclosure under the Colorado Open Records Act ("CORA"), C.R.S. §§ 24-72-200.1 to -205.5, as identified on CCOB’s website.

6. COOPERATIVE PURCHASING EFFORTS

6.1. CCOB is a member of, or affiliated with, several regional professional procurement organizations within Colorado and Wyoming. These organizations are comprised of governmental purchasing agents, or agency representatives responsible for the purchasing function. These organizations include:

6.1.1. Multiple Assembly of Procurement Officials (MAPO). A cooperative purchasing organization comprised of procurement representatives from state, county, municipal, governments, special districts, or school districts along the front range of the

Rocky Mountains in Colorado.

6.1.2. Rocky Mountain Governmental Purchasing Association (RMGPA). A chapter member of the National Institute of Governmental

Purchasing (NIGP), consisting of public procurement professionals and their representative agencies which include state, county, and municipal governments; school districts and higher education;

and other special districts.

6.2. Members of these organizations, at their discretion, may request the use of the contracts or awards that result from this solicitation. Each governmental entity which uses a contract resulting from this solicitation would establish its own contract, issue its own orders, schedule deliveries, be invoiced individually, make its own payments, and issue its own exemption certificates as required by the Awarded

Contractor. It is understood and agreed that CCOB is not a legally binding party to any contractual agreement made between another governmental entity and the Awarded Contractor as a result of this solicitation. CCOB shall not be liable for any costs or damages incurred by any other entity. Usage by any other entity shall not have a negative impact on CCOB in the current term or in any future terms.

7. GENERAL SOLICITATION TERMS AND CONDITIONS

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7.1. No Guarantees. CCOB makes no guarantee of any minimum or maximum amount of products/services to be procured; and reserves the right to award any agreement based upon the source selection criteria identified in the Solicitation. CCOB reserves the right to make no award under this

Solicitation, and the right to cancel this request or any portion thereof.

7.1.1. Issuance of this Solicitation by CCOB does not constitute a commitment by CCOB to award a contract.

7.2. No Limitation of Liability. CCOB will not accept any limitation of liability clause, whether included in the bid, in supplemental terms and conditions, or in any exception to the solicitation or resulting contract.

If a Bidder includes any type of limitation of liability provision CCOB may deem the Bid, in its sole discretion, non-responsive.

7.3. Equal Opportunity. CCOB intends and expects that the contracting processes of CCOB and its Bidders provide equal opportunity without regard to race, color, national origin, ethnicity, citizenship, immigration status, gender, age, sex, sexual orientation, gender identity, gender expression, marital status, level of income, military status, or disability in all programs and activities and that its Bidders make available equal opportunities to the extent third parties are engaged to provide goods and services to CCOB as subcontractors, vendors, or otherwise.

Accordingly, the Bidders shall not discriminate on any of the foregoing grounds in the performance of the contract, and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract (joint ventures are encouraged). The Bidders shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The Vendor shall maintain records demonstrating its compliance with this article and shall make such records available to CCOB upon CCOB’s request. CCOB is committed to facilitating an equitable community and workplace. CCOB will take reasonable steps to provide meaningful access to services for persons with limited English proficiency.

7.4. Compliance With Federal, State, And CCOB Laws. The Proposer agrees to comply with all Federal, State, and local laws and regulations applicable to the funding source authorizing any program or activity funded through this Solicitation (e.g. Title VI of The Civil Rights Act of 1964, and Limited

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English Proficiency Requirements) and with all laws, policies, procedures, ordinances, and regulations of CCOB.

7.5. Sales Tax. CCOB is exempt from paying State or Local Sales Taxes.

Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased directly by the Proposer in conjunction with this contract will be subject to applicable State and

Local Sales Taxes and these taxes shall be borne by the Proposer. State

Tax I.D. # 98-02553-000.

7.6. Best Value Consideration. CCOB is a Best Value agency and, as such may award a responsible Proposers whose submission to a Solicitation provides the greatest overall benefit to CCOB in response to the requirements, and through comparing all costs, which may include actual costs, opportunity cost, cost savings, or cost avoidance, to any tangible or intangible benefits.

7.7. Digital Accessibility Standards. In 2021, the State of Colorado adopted

HB21-1110 relating to the digital accessibility standards required to be implemented under the Colorado Anti-Discrimination Act which makes it unlawful to discriminate against individuals with a disability. In order to comply with the law, the Contractor shall ensure that all digital deliverables and digital technology provided pursuant to the terms of this Agreement shall comply with at least the Web Content Accessibility

Guidelines (WCAG) 2.1 Level AA, or such updated standard as the

Colorado Governor’s Office of Information Technology may adopt from time-to-time.

7.8. Conflict of Interest. To ensure an ethical evaluation process, all inquiries or other communications regarding this Solicitation shall be exclusively directed to the Contact Person identified in the Communications section above.

7.9. Disclosure of Information. The Proposer must identify in each portion of the Proposal any information that the Proposer deems confidential, or which contains proprietary information, patents, copyrights, or trade secrets. The Proposer must provide justification of what information, upon request, should not be disclosed by CCOB under the Colorado Open

Records Act (C.R.S. §§ 24-72-201 through 205) (“CORA”). CCOB may otherwise use or disclose the information submitted by the Proposer for any purpose, unless its use is so identified and restricted by the

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Proposer. The Proposer's opinion of what constitutes confidential information under CORA is not binding upon CCOB.

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