biddoc.pdf

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FOR

PULL BOXES- Traffic Engineering

BID # 2026-061

Publication Date 9/24/2026

Revised August 1, 2024

INVITATION TO BID

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The City of Loveland, Colorado (“City”) will receive bids for Pull Boxes, Project No. 2026-061 through BidNet. Bids must be received electronically on or before 2:00 p.m. Mountain Time (MT) Thursday, October 8, 2026 at www.bidnetdirect.com//city-of-loveland. The submission must contain the name of the bid and the company name.

Bid documents are available via the Rocky Mountain E-Purchasing System at www.BidNetDirect.com/Colorado. If you are not registered with Rocky Mountain E-Purchasing, please visit their website and select “Vendor Registration.” If you have questions about the registration process, please contact Rocky Mountain E-Purchasing at 800-835-4603. No bids will be considered which have not been received by the deadline set forth above.

Bid information will be added to the Rocky Mountain E-Purchasing website once evaluations are completed by the City’s project manager.

Questions concerning this ITB should be submitted at: www.bidnetdirect.com//city-of-loveland

Question Due Date: Thursday, October 1, 2026 Question Due Time: 3:00 p.m. MST

Notice of Non-Discrimination

The City of Loveland is committed to providing an equal opportunity for services, programs and activities and does not discriminate on the basis of disability, race, age, color, national origin, religion, or sex. For more information on non-discrimination orfor translation assistance, contact the City’s Title VI Coordinator at TitleSix@cityofloveland.org or (970) 962-2372. The City will make reasonable accommodations for Proposers in accordance with the Americans with Disabilities Act (ADA). For more information on ADA or accommodations, contact the City’s ADA Coordinator at ADACoordinator@cityofloveland.org or (970) 962-3319.

La Ciudad de Loveland está comprometida a proporcionar la igualdad de oportunidades para los servicios, programas y actividades y no discriminar por motivos de discapacidad, raza, edad, color, origen nacional, religión, o sexo. Para más información sobre la no discriminación o para asistencia en traducción, contacte al Coordinador de Título VI de la Ciudad al TitleSix@cityofloveland.org o al (970) 962-2372. La Ciudad realizará acomodaciones razonables para los Proponentes de acuerdo con la Ley de Estadounidenses con Discapacidades (ADA). Para más información sobre la ADA o alguna acomodación, contacte al Coordinador de ADA de la Ciudad: ADACoordinator@cityofloveland.org o al (970) 962-3319.

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

INVITATION TO BID

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COLORADO OPEN RECORDS ACT NOTIFICATION

The City of Loveland is subject to section 24-72-201 et seq. of the Colorado Revised Statutes, the Colorado Open Records Act. If a bidder objects to the disclosure of any confidential or privileged information as such is defined in the Colorado Open Records Act, any such information must be marked confidential. An objecting bidder must include a detailed list of the information marked confidential and provide a) an explanation as to why those should be withheld; b) the specific legal basis for that position. Failure to do the foregoing will be deemed a waiver of any objection to the release of any information.

Please note that objections will be considered, but are not binding on the City. The City is required to make a determination under the Colorado Open Records Act and may only withhold records that are confidential under the law. If the City releases records marked as confidential in compliance with the Colorado Open Records Act, bidders waive any claims for liability or damages and shall hold the City harmless from any claims arising therefrom.

INSTRUCTIONS TO BIDDERS

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1.0 GENERAL

These instructions apply to the preparation of bids for materials and/or equipment (“Supplies”) for the City of Loveland, Colorado (“City”).

2.0 CONTRACT DOCUMENTS

2.1 Contract Documents. The following documents as indicated by an “X” constitute the Contract Documents for this project. By submitting a bid, the bidder certifies and represents that the bidder has been furnished with all the Contract Documents and is familiar with them and shall be bound by them.

Furnished with Bid Packet:

☒Invitation to Bid ☒Instructions to Bidders ☒Contract ☒Bid Form ☒Special Conditions ☒Technical Specifications ☐Other:

2.2 Interpretations, Modifications, and Addenda. It shall be the bidder’s responsibility to advise the City prior to the bid opening date of conflicting requirements or missing information which requires clarification. The bidder must inquire into any apparent inconsistencies, or any matter seeming to require explanation or interpretation, at least seventy-two (72) hours (excluding weekends and holidays) prior to the time set for the bid opening. The bidder submitting the request is responsible for its prompt delivery. Any interpretation or modification of the Contract Documents will be made only by addendum mailed, faxed, or delivered to each person receiving a set of such documents. The City is not responsible for any other interpretations or modifications of the Contract Documents. All addenda shall become part of the Contract Documents and shall be acknowledged and dated on the bid form.

3.0 BID

3.1 Preparation. Each bidder must submit an original bid on the form included herein.

No other bid form will be considered by the City. The bidder shall sign the bid form appropriately prior to submitting the bid for consideration. The bid may be rejected if it shows any omissions, alterations of the form, additions not called for, conditional bid, or any irregularities of any kind. Entries on the bid form shall be typed using dark font or legibly written in dark ink. All prices shall be stated in words and figures except where the forms provide for figures only. In case of a discrepancy between the unit price and the extended price, the unit price shall prevail. Similarly, a standard unit of measure is to be used for bid purposes.

3.2 Bidder Qualifications. No bid shall be accepted from, and no contract will be awarded to, any person, firm, or corporation that is in arrears to the City. If requested, bidders shall be required to submit satisfactory evidence that they have

Error! Reference source not found.Page 5 a practical knowledge of the particular materials and/or equipment bid upon and that they have the necessary financial resources to provide the proposed materials and/or equipment called for as described in the attached Technical Specifications.

3.3 Not an All-or-None Bid. This shall not be considered an all-or-none bid; the City reserves the right to select the lowest qualified bid on each individual item set forth on the bid form. If you choose to bid on an all or none basis, you must so indicate on the bid form.

3.4 Specification Deviations (Exceptions) by the Bidder. Any deviation from the Technical Specifications included herein must be noted in detail and submitted in writing on the bid form. Completed specifications must be attached for any substitutions offered or when amplifications are desirable or necessary. The absence of the specification deviation statement on the bid form and accompanying specifications will hold the bidder strictly accountable to the specifications as written herein. Failure to submit the specification deviation statement, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications are submitted with the bid, the bidder’s name should be clearly shown on each document.

3.5 Brochures. Bids shall include adequate brochures, latest specifications, and advertising literature describing the product offered in such fashion as to permit ready comparison with the City’s specifications on an item-by-item basis where applicable.

3.6 Terms of Payment. Prices must be based upon payment in thirty (30) days. Cash discounts must be stated on the bid form. In all cases, cash discounts will be calculated from the date of the invoice or the date of acceptance of the materials and/or supplies, whichever is later. Checks will be mailed to the Supplier at the invoice address noted on the bid form.

3.7 Delivery Time. The delivery time, as stated in the bid, shall be the time required to deliver the complete item(s) from the date of the notice of contract award. Where multiple items appear on a bid request, the bidder shall, unless otherwise stated by the City, show delivery time for each item separately. If only a single delivery time is shown, it will be assumed to mean all items included in the bid can and will be delivered on or before the time stated assuming that the time between the bid opening and the placing of the order, does not exceed the number of days so stipulated. The right is reserved to reject any bid in which the delivery time indicated is considered sufficient to delay the operational needs for which the commodity/service is intended.

3.8 Return Policy. Please specify bidder’s return policies of the manufacturer represented. If possible, bidders should send copies of the manufacturers’ policies with their response to the bid for the City’s files.

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3.9 Credit. If a bidder places any dollar limitations for credit extended on a purchase order, the City will consider such limitations in the evaluation of the bids. Any credit limits without justification may cause the City to disqualify the bid.

Additionally, the City will not complete credit applications.

3.10 Taxes. The City of Loveland is exempt from federal, state, city, and county sales/excise taxes.

3.11 Signatures and Submittal. All bids shall be submitted electronically and signed by the bidder and his/her authorized agent and must include the bidder’s address and telephone number. Each bidder shall sign the bid with the bidder’s usual signature and shall give the bidder’s full business address.

Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative.

A complete list of partners shall be included with the bid.

Bids by a corporation shall be signed in the official corporate name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation, and shall display the corporate seal. The names of all persons signing should also be typed or printed below the signature. Bidding corporations shall designate the state in which they are incorporated, the address of their principal office, and the name and address of their agent for service of process.

A bid by a person who adds the word president, secretary, agent, or other designation without disclosing the principal will be rejected.

The bidder’s registered legal name shall be stated on the bid, in addition to any applicable trade name(s).

Faxed bids are not acceptable.

3.12 Withdrawal/Amendments. Bids may be withdrawn, altered, and resubmitted at any time before the time set for opening the bids. Bids may not be withdrawn, altered, or resubmitted for a period of thirty (30) days thereafter, and the bid of the lowest and second lowest responsible bidders may not be withdrawn for a period of sixty (60) days thereafter, or until execution of the Contract by the lowest responsible bidder, whichever occurs earliest. Bids, amendments thereto, and withdrawal requests received after the time advertised for bid opening will be void, regardless of when they were mailed.

4.0 BID OPENING

4.1 Receipt by City. All bids must be received before the date and time specified in the notice page above. The electronic date and time from the City’s bid platform

Error! Reference source not found.Page 7 will determine if the bid was received before the prescribed time. Any bid arriving after the deadline will not be considered. Responsibility for timely submission and routing of bids prior to recording lies solely with the bidder.

4.2 Bid Opening. Bids received by the City will be read aloud publicly as determined by the Purchasing Office on the bid opening date.

4.3 Bid Results. Bid results will not be given over the telephone. Following bid opening, bids will be posted by bidder name and bid amount at www.govbids.com Rocky Mountain E-Purchasing. The award will be posted at the same Internet address once available.

5.0 AWARD

5.1 Basis of Award. Contract award may be made to the lowest responsive and responsible bidder meeting the Technical Specifications. The following is a non-exhaustive list of the criteria that may be used to evaluate bids:

Price;

Superior quality and adherence to specifications;

Maintenance and/or service;

Delivery and/or completion time(s);

Guarantees and warranties;

Bidder’s reputation and financial status; and Past experience and cost with same or similar equipment or service.

Other criteria that may be used to evaluate bids may be set forth in the Special Conditions.

5.2 Acceptance and Rejection of Bids. The City reserves the right to accept any and all bids, or parts thereof; to reject any and all bids; and to waive irregularities and informalities. Bids received after the time specified for bid opening will be rejected.

The City reserves the right to inspect the bidders’ facilities prior to contract award and to negotiate optional items with the successful bidder(s).

5.3 Tie Bids. In case of ties, the City reserves the right to make the award based on the factors previously outlined under “Basis of Award” above.

5.4 Contract Award. The acceptance of a bid will be by written notice of contract award emailed, mailed, or delivered to the bidder’s office designated in the bid.

http://www.govbids.com/

DRAFT CONTRACT

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CITY OF LOVELAND, COLORADO

SUPPLY CONTRACT

This Supply Contract (the “Contract”) is entered into by and between the City of Loveland, Colorado (“City”) and _________________________ (“Supplier”).

Whereas the parties desire to contract with one another regarding the following supplies:

insert description of supplies.

Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Contract Documents. The following documents shall comprise the entirety of the Contract: Invitation to Bid No. _________; Instructions to Bidders; Contract; Bid Form; Special Conditions; Technical Specifications (if applicable); Other: Insert description of other documents

2. Order of Precedence. In the event of any conflict between Contract Documents, the Contract Documents shall prevail over one another in the following order: (1) Contract (2) Special Conditions (3) Bid Form (4) Technical Specifications (5) Instructions to Bidders.

3. Supplies. The Supplier shall provide the supplies described in the Bid Form to the City pursuant to the terms and conditions of this Contract (hereinafter the “Supplies”).

4. Price. In consideration of Supplier’s performance hereunder, City agrees to pay to Supplier an amount not to exceed _________________________________________ Dollars ($________), as adjusted in accordance with the Contract Documents. The City shall make payment within thirty (30) days of receipt of the Supplies and an accompanying invoice which shall identify the specific Supplies provided for which payment is requested.

5. Term. This Contract shall be effective from the date of the last party’s signature through Insert Date. The Contract may be renewed for up to four (4) additional twelve (12) month periods upon written agreement of the City and the Supplier.

6. No Purchase Guarantee. The City does not guarantee the purchase of any materials and equipment during the term of the Contract. At the City’s sole discretion, the City may purchase the materials and equipment in the Bid Form at the frequency determined by the City and in the amounts in each order determined by City, in a total amount over the term of the Contract not to exceed the units included in the Bid Form.

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7. Inspection and Acceptance. The Supplier shall perform any services in accordance with the standard of care exercised by highly competent suppliers who perform like or similar services. The City may inspect all goods/services prior to acceptance. Payment does not constitute acceptance. The Supplier shall bear the cost of any inspection/testing that reveal goods/services that are defective or do not meet specifications. The City's failure to accept or reject Supplies shall not relieve the Supplier from its responsibility for such Supplies that are defective or do not meet specifications nor impose liability on City for such Supplies. If any part of the Supplies are not acceptable to City, City may, in addition to any other rights it may have at law or in equity: (1) make a warranty claim; (2) repair and/or replace the Supplies or substitute other supplies at Supplier's expense; or reject and return the Supplies at Supplier's cost and/or reject the Supplies at Supplier's expense for full credit. Any rejected Supplies are not to be replaced without written authorization from City, and any such replacement shall be on the same terms and conditions contained in this Contract.

8. Warranties. The Supplier warrants and guarantees to the City that all goods furnished under this Contract are free from defects in workmanship and materials, are merchantable, and fit for the purposes for which they are to be used. For any goods furnished under this Contract which become defective within twelve (12) months (unless otherwise specified) after date of receipt by the City, the Supplier shall either, at the City's election and to the City's satisfaction, remedy any and all defects or replace the defective Supplies at no expense to the City within seven (7) days of receipt of the defective Supplies or accept the defective Supplies for full credit and payment of any return shipping charges. The Supplier shall be fully responsible for any and all warranty work, regardless of third-party warranty coverage. The Supplier shall furnish additional or replacement parts at the same prices, conditions and specifications delineated herein.

9. Shipments.

a. Freight. The Supplier shall be responsible for all freight charges applicable under the Contract. All freight charges must be included in the bid price(s), rather than listed as a separate line item.

b. FOB Destination. All items shipped under the Contract shall be FOB destination.

The Supplier shall be liable for any and all losses or damages to the items until accepted by the City at the point of destination, at which time title to the items shall pass to the City. Such acceptance and passage of title shall be subject to the City’s inspection of the equipment as set forth herein.

c. Delivery Schedules. Deliveries made by the means selected by Supplier on the Bid Form should be scheduled between 9:00 a.m. to 2:00 p.m., Monday through Friday.

Deliveries will not be accepted on weekends or City holidays. The Supplier shall give twenty-four (24) hours’ notice before delivery of shipment. Such notice shall

Error! Reference source not found.Page 10 be made via telephone to the Project Manager, and the Supplier shall leave a message on the Project Manager’s voicemail if there is no direct answer.

d. Late Delivery. Notice of a late delivery should be made no more than twenty-four

(24) hours prior to the ordinarily scheduled time. The City reserves the right to use primary and secondary suppliers and may award contracts in that manner.

Additionally, the City reserves the right to cancel this Contract (if price or delivery problems occur) and replace it with a contract which is in the best interest of the City.

e. Failure to Meet Quoted Delivery. If a manufacturer, manufacturer’s representative, or manufacturer’s distributor fails to meet quoted delivery, that company may be debarred from consideration for award of contracts for a period not to exceed three

(3) years.

f. Shorts and Overages. Negotiated shorts and overages are not acceptable unless specifically allowed on the Bid Form, or approval of the City prior to shipment being made.

g. Over Shipments. Material shipped in excess of quantity ordered may be returned at Supplier’s expense. If the Supplier does not arrange for disposal within sixty

(60) days after notice, the item(s) may be added to City inventory with no charge to the City or disposed of at the City’s discretion.

10. Testing. The City may require testing to satisfy itself of compliance with the Contract. This testing may be performed by an independent testing laboratory acceptable to the City. All initial test costs for tests required by the City shall be paid by the City unless otherwise stated in the Contract Documents. All re-tests on account of failed tests shall be paid by the Supplier.

11. Rejected Equipment. The Supplier, upon written notice from the City, shall take back all equipment rejected by the City as defective, unsound, improper, or in any way failing to conform to the requirements of the Contract Documents. The Supplier shall, at the Supplier’s sole expense, promptly replace rejected equipment with substitute equipment satisfactory to the City.

12. Termination of Contract.

a. For Default. If the Supplier fails to provide the equipment or services required under the Contract, or if the Contract is assigned without the written consent of the City, or if the Supplier is named in proceedings in bankruptcy or for reorganization, or if a general assignment of assets is made for the benefit of creditors, or if a receiver is appointed for the Supplier or any of the Supplier’s property, or if at any

Error! Reference source not found.Page 11 time the City certifies that the performance under the Contract is being unnecessarily delayed by the Supplier, the Supplier is violating any of the conditions of the Contract, or the Supplier is executing the same in bad faith or otherwise not in accordance with the terms of said Contract, or if, in the sole judgment of the City, the equipment or services provided by the Supplier under the Contract are defective, deficient, or fail to perform in a satisfactory manner, then the City may serve written notice upon the Supplier of the City’s intention to terminate this Contract. Unless within five (5) days after the serving of such notice a satisfactory arrangement is made for continuance, this Contract shall terminate at 12:01 a.m. on the sixth (6th) calendar day following service of said notice. Any termination for default which shall be determined to be improper or unwarranted in any respect shall be deemed to be a termination for convenience as provided in “For Convenience,” below.

b. For Convenience. The performance of work under the Contract may be terminated by the City in accordance with this Paragraph in whole or, from time-to-time, in part whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by delivery to the Supplier of a Notice of Termination specifying the extent to which performance of work under the Contract is terminated and the date upon when such termination becomes effective. Upon termination for convenience, the City shall pay the Supplier for all equipment and services received by the City as of the termination date.

13. Assignment. The Supplier shall not assign the Contract or any monies due under it without the City’s prior written consent. Any assignment or attempt at assignment made without such written consent shall be void.

14. Patent Guarantee. The Supplier shall, with respect to any device or composition of the Supplier’s design or standard manufacture, indemnify and hold harmless the City, its employees, officers, and agents, from costs and damage as finally determined by any court of competent jurisdiction for infringement of any United Sates Letters Patent, by reason of the sale of normal use of such device or composition, provided that the Supplier is promptly notified of all such actual or potential infringement suits and is given an opportunity to participate in the defense there of by the City.

15. Release of Liability. Acceptance by the Supplier of the last payment shall be a release to the City and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the Contract and the equipment and services provided thereunder or for any act or neglect of the City or of any person relating to the Contract and the equipment and services provided thereunder.

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16. No Waiver of Rights. Neither the inspection by the City or any of its officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the equipment or services by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of the Contract, or of any power reserved to the City therein, or any right to damages provided therein, nor shall any waiver of any breach in the Contract be held to be a waiver of any other or subsequent breach.

17. Laws and Regulations. All applicable federal, state, city, and county laws, regulations, ordinances, and licenses shall apply to the Contract and are incorporated herein by reference.

18. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation pursuant to the City of Loveland Municipal Charter Section 11-6 and Article X, Section 20 of the Colorado Constitution.

The City shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made and a termination in such a fiscal year shall not be considered default.

19. Cooperative Bidding. Other governmental agencies may be extended the opportunity to purchase under the Contract with the agreement of the Supplier and the City. The City will coordinate all such purchase requests.

20. Insurance Requirements. The following provisions shall apply only if the Supplier will be constructing, assembling, delivering, or installing the materials and/or equipment on City property pursuant to the Contract:

a. Comprehensive General Liability. The Supplier shall procure and keep in force during the duration of this Contract a policy of Comprehensive General Liability insurance insuring the Supplier and naming the City as an additional insured against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least One Million Dollars ($1,000,000.00). The limits of said insurance shall not, however, be a limit to the liability of the Supplier hereunder.

b. Comprehensive Automobile Liability. The Supplier shall procure and keep in force during the duration of this Contract a policy of Comprehensive Automobile Liability insurance insuring the Supplier and naming the City as an additional insured against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Supplier whether they are owned, non-owned, or hired with a combined single limit of at least One Million Dollars ($1,000,000.00). The limits of said insurance shall not, however, be a limit to the liability of the Supplier hereunder.

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c. Terms of Insurance. Insurance required shall be with companies qualified to do business in the State of Colorado with a general policyholder’s financial rating of not less than “A” as set forth in the most current edition of “Best’s Insurance Reports” and may provide for deductible amounts as the Supplier may deem to be reasonable for the project, but in no event greater than Twenty Thousand Dollars ($20,000.00).

No such policies shall be cancelable except after thirty (30) days prior written notice to the City. The Supplier shall not do nor permit to be done anything which shall invalidate the insurance policies referred to in this section and Supplier shall immediately advise the City in writing if a reduction in coverage or other modification of the insurance coverage occurs.

d. Certificate of Insurance. Prior to commencement of work, the Supplier shall furnish to the City certificates of insurance policies evidencing the required coverages. Such certificates shall provide that cancellation of the policies in such insurance shall not be effective until thirty (30) days after written notice thereof to the City. The Supplier shall identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made” which at renewal Supplier changes to “occurrence,” Supplier shall carry a six (6) month tail. The Supplier agrees to insert the substance of these insurance requirements in all subcontracts. Furthermore, the City will hold Supplier responsible in the event the Supplier fails to have adequate insurance. The City reserves the right to approve variations in the above requirements upon request of Supplier if, in the City’s opinion, such variations do not substantially affect the City’s interests.

e. City as Additional Insured. Policies described above shall be for the mutual and joint benefit and protection of the Supplier and the City. Such policies shall contain a provision that the City, although named as an additional insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents, citizens, and employees by reason of negligence of the Supplier. Such policies shall be written as primary policies not contributing to and not in excess of coverage that the City may carry.

f. Workers’ Compensation and Other Insurance. The Supplier shall procure and keep in force during the term of the Contract Workers’ Compensation and such other insurance as may be required by any law, ordinance, or governmental regulation.

21. Accessibility. The parties recognize that section 24-85-101 et seq. of the Colorado Revised Statutes and the Accessibility Standards for Individuals with a Disability, established by the Colorado Governor’s Office of Information Technology (collectively “Accessibility Standards”), apply to this Contract, and the Supplier’s performance shall be in substantial compliance with the Accessibility Standards. If the Supplier cannot comply with the Accessibility Standards, the Supplier may be required to work with the City on a remedial plan, subject to

Error! Reference source not found.Page 14 approval by the City in its sole discretion. The Supplier shall be responsible for all reasonable costs associated with meeting the Accessibility Standards and to complete required changes within a reasonable time specified by the City. The City may, in its sole discretion, require that the Supplier’s compliance be verified by a third party acceptable to the City.

22. Indemnification. The Supplier agrees to indemnify and hold harmless the City, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage arising out of or connected with the Supplies, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the Supplier or any subcontractor of the Supplier, or any officer, employee, or agent of the Supplier or any subcontractor, or any other person for whom the Supplier is responsible.

The Supplier shall investigate, handle, respond to, and defend against any such liability, claims, and demands, and shall bear all other costs and expenses related thereto, including court costs and attorneys’ fees. The Supplier shall notify the City and provide a copy of any and all written claims or demands within two (2) business days of receipt. The Supplier’s indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the City. This paragraph shall survive the termination or expiration of this Contract.

23. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law.

24. Colorado Open Record Act. The parties understand that all the material provided or produced under this Contract, including items marked Proprietary or Confidential, may be subject to the Colorado Open Records Act, section 24-72-201 et seq. of the Colorado Revised Statutes. If the Supplier objects to the disclosure of any information in its statement of work, Bid Form, or other document provided to the City under this Contract, the Supplier must mark it clearly as confidential. The City is required to make a determination under the Colorado Open Records Act, and may only withhold documents that are confidential under the law. If the City releases records in compliance with the Colorado Open Records Act, the Supplier waives any claims for liability or damages. Supplier further agrees to defend, indemnify, save and hold harmless the City, its officers, agents and employees from any claim, damages, expense, loss, or costs arising out of the Supplier’s intervention to protect and assert its claim of privilege against disclosure under this Paragraph, including but not limited to prompt reimbursement to the City of all reasonable attorneys’ fees, costs, and damages that the City may incur directly or may be ordered to pay by such court.

25. Prohibited Terms. Any term included in the Bid Form, or any exhibit, that requires the City to indemnify or hold the Supplier harmless; requires the City to agree to binding

Error! Reference source not found.Page 15 arbitration; limits the Supplier’s liability for damages caused by the Supplier; determines choice of law, conflicts of law, or venue and forum-selection, or defense or control of litigation or settlement; requires the City to pay attorneys’ fees or costs; requires the City to name the Supplier as an additional insured; requires the City to agree to confidentiality; or that conflicts with this provision in any way shall be void ab initio. Designations of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this Contract shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign immunity shall be construed in favor of the City.

26. Online Agreement Disclaimer and Additional Terms. Notwithstanding anything to the contrary herein, the City shall not be subject to any provision included in any terms, conditions, or agreements appearing on the Supplier’s website or any provision incorporated into any click-through or online agreements related to the work. Any terms the Supplier wishes to include must be directly included in the Bid Form or an exhibit to this Contract, not refenced as a website, separate set of terms, included as a clicked-through agreement, or any similar set of additional terms not attached hereto.

27. Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three (3) days after being sent by certified mail, return receipt requested:

To the City: To the Supplier:

PM Name Project Manager

Contact Name Contact Title

City of Loveland Supplier Name COL Street Address Supplier Street Address Loveland, CO 80537 Supplier City, State, Zip Email: COL PM Email Email: Supplier Email

28. Special Provisions.

29. Time of the Essence. Time is of the essence in performance of the Contract and is a significant and material term of this Contract.

30. Venue and Choice of Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado.

31. Miscellaneous. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render

Error! Reference source not found.Page 16 unenforceable any other provision of this Contract. The Supplier shall not assign this Contract without the City’s prior written consent.

[Remainder of page left blank intentionally.]

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City of Loveland, Colorado

Signature:

Printed Name:

Title: ____________________________________

ATTEST:

City Clerk Date

APPROVED AS TO FORM:

Assistant City Attorney

Supplier

Signature:

Printed Name:

Title: ____________________________________

SPECIAL CONDITIONS

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1.0 PROJECT MANAGER

The Project Manager is Nathan Beauheim. . All post-award notices, letters, submittals, and other communications directed to the City shall be addressed and mailed or delivered to:

Nathan Beauheim City of Loveland 105 W. 5th St.Error! Reference source not found.

Loveland, CO 80537

2.0 BASIS OF AWARD

In addition to the criteria set forth in the Instructions to Bidders at paragraph 5.1, the following criteria may be used to evaluate bids: Delivery Time

3.0 ESTIMATED QUANTITIES

The quantities set forth in the Unit Price Bid Form are estimated quantities on which Bids will be compared, which will be the basis for award of the Contract. The City reserves the right to increase or decrease quantities by any reasonable amount to suit the best interest of the City.

4.0 SUBMITTAL FORMAT

Bids must be submitted on the City bid forms. Any bid submitted in another format may be deemed non-responsive.