Pueblo West Metropolitan District

REQUEST FOR PROPOSAL

RFP Name: On-Call Asphalt Patching And Concrete Repairs

RFP No.: RFP-2026-W-001

The undersigned, having carefully read and considered the Request for Proposal for RFP-2026-W-001, On-Call Asphalt Patching and Concrete Repairs does hereby offer to perform such services on behalf of the Pueblo West Metropolitan District, in the manner described and subject to the terms and conditions set forth in the attached Request for Proposal.

The undersigned further states that this proposal is made in good faith and is not founded on, or in consequence of, any collusion, agreement or understanding between themselves or any other interest party.

Name of Person or

Firm Submitting:

Name of Authorized Representative:

Signature of Authorized

Representative:

Title of Authorized Representative:

Mailing Address of Person or Firm:

Name of Contact Person for this RFP:

Contact Person's E-Mail Address:

Contact Person's Telephone Number:

Is your Company a Small, Minority or Woman Owned Company? If so, has your business been certified by the Small Business Administration (SBA), National Women Business Owners Corporation, or the Women’s Business Enterprise National Council (WBENC)? If yes as to both questions, please explain:

REQUEST FOR PROPOSAL

RFP Name: On-Call Asphalt Patching and Concrete Repairs RFP No.: RFP-2026-W-001

TABLE OF CONTENTS

Section No. & Title Page

1.0 GENERAL INFORMATION

1.1 Purpose

1.2 Objectives

2.0 PROJECT INFORMATION

2.1 Background

3.0 SCOPE OF SERVICE

3.1 Services to be Provided

3.2 Information Provided by the District

4.0 SUBMISSION REQUIREMENTS

5.0 KEY TARGET DATES

6.0 EVALUATION PROCESS

6.1 Evaluation Criteria

7.0 MISCELLANEOUS CONDITIONS

7.1 Termination of Contract

7.2 Written Agreement

7.3 Preparation of Proposals

7.4 Omissions

7.5 Debarment

7.6 Equal Opportunity

7.7 Cost of Developing Proposals

7.8 Proposal Ownership

7.9 Additional Information

7.10 Terms and Conditions

7.11 Insurance

7.12 Licenses

7.13 Indemnify and Hold Harmless Provision

7.14 Independent Contractor

7.15 Mandatory Mediation, Venue and Trial

7.16 No Waiver of Sovereign Immunity

8.0 Template Agreement – Large Floor Plan

9.0 Exhibit A – Rate Sheet…………………………………………………………………………………………………………………27

REQUEST FOR PROPOSALS

On-Call Asphalt Patching and Concrete Repairs

Request for Proposal No.: RFP-2026-W-001

The purpose of this RFP is to establish an on-call contract with one or more qualified contractors capable of responding to emergency roadway repair needs with minimal notice. Work will be authorized through task orders issued by the District. All work will be completed per Pueblo County Code-Chapter 12.12-Right-of Way Openings for Subsurface Utilities.

Proposals will be accepted until 2:00 p.m. MDT, October 26, 2026.

All items contained in the RFP are applicable in preparing proposals for the services covered by this RFP.

Proposal documents, along with any addenda issued may be obtained via the Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district.

Proposals must be submitted electronically via Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district. Submitted proposals must total no more than 15 pages and must be one (01) pdf document. Proposals received after the date and time listed above will not be considered. The name of the firms who submitted a proposal will be read aloud at a virtual RFP closing held on October 26, 2026 at 2:01 p.m. MDT.

Those wishing to attend the virtual RFP closing may do so by calling 929-266-1681 and entering

PIN #632-515-548.

The District may award the contract to a firm/contractor based on the evaluation criteria contained in the request for proposal. The District reserves the right to accept or reject any or all proposals, to waive informalities and to reserve any request for proposals, and to make multiple awards to multiple vendors.

The District is an Equal Opportunity Employer. Minority, small, disadvantaged & women owned enterprises are encouraged to submit competitive proposals for this service.

If assistance under the Americans with Disabilities Act Amendments Act (ADAAA) is needed to complete any portion of the RFP Process, please contact the District Clerk’s Office at (719) 251- 8723.

Published: September 24, 2026 PUEBLO WEST METROPOLITAN DISTRICT

Michael Winters, Procurement Manager https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district

REQUEST FOR PROPOSALS

RFP Name: On-Call Asphalt Patching and Concrete Repairs RFP No.: RFP-2026-A-001

1.0 GENERAL INFORMATION

1.1 Purpose:

The purpose of this RFP is to establish an on-call contract with one or more qualified contractors capable of responding to emergency roadway repair needs with minimal notice.

The contractor is responsible for obtaining all permits. Work will be authorized through task orders issued by the District.

2.0 PROJECT INFORMATION

2.1 Background Information:

The area of the District, with inclusions, contains about 26,830 acres or 49.10 square miles of contiguous lands extending west by northwest from points approximately 1.5 miles west of the limits of the City of Pueblo. The district is located immediately north of the Pueblo Dam and Reservoir, constructed by the United States Bureau of Reclamation in 1975, which is a part of the Frying pan-Arkansas Water Project. The District is home to approximately 33,086 residents (2020 Census).

3.0 SCOPE OF SERVICE

3.1 Services to be Provided:

The Contractor shall provide emergency and scheduled asphalt/concrete repair services including, but not limited to:

• Asphalt/Concrete Saw Cutting

• Asphalt/Concrete Demo & Removal of Debris

• Subgrade preparation

• Hot Mixed Asphalt Patching

• Concrete Crosspan Repair

• Concrete Apron Repair

• Concrete Sidewalk Repair

• Concrete Curb & Gutter Repair

• Traffic Control

All work will be completed per Pueblo County Code-Chapter 12.12-Right-of Way Openings for Subsurface Utilities. Area to be repaired shall be saw cut to achieve a straight perpendicular edge, the existing fill material shall be removed to specified patch repair depth below asphalt finished grade. Prior to placing asphaltic concrete, the edges of the cut and the top of the granular material shall be coated with a prime oil of MC-70 at not less than 0.30 gallons per square yard. The four-inch vacant depth shall be filled with asphaltic concrete in two lifts not to exceed 3 inches each and thoroughly compacted. Asphaltic concrete for this purpose shall be mixed with asphaltic cement of the AC-10 type or equal. Ninety-five (95) percent of this patched surface shall match the plane of the adjacent undisturbed surface, when measured by means of a six-foot straight edge or beam, within one-eighth inch. All patch joints of new to old asphalt will need to be sealed.

3.2 SPECIFICATIONS:

Emergency response requirements:

• Contractor shall provide a 24-hour emergency contact.

• Mobilize equipment and crew as necessary.

• Coordinate with District staff for traffic control and site safety.

SERVICE AVAILABILITY: The Contractor shall have trouble-call service available twenty-four (24) hours a day, seven (7) days a week with a response time not to exceed the following:

EMERGENCIES………………………Twelve-Hour Response Time NON-EMERGENCIES……………… Forty-Eight-Hour Response Time

STAFFING, WORKMANSHIP AND QUALITY LEVEL: The Contractor shall provide a staffing level to perform on-call emergency maintenance and(or) repair services at designated Roadway Cut Repair Locations in a thorough and professional manner, so that the District is provided with reliable and high-quality concrete and asphalt repair at all times. The Contractor shall be responsible for the skills, methods and actions of all employees, subcontractors and for all work done.

TOOLS AND EQUIPMENT: The Contractor shall furnish and maintain all equipment necessary for properly servicing and(or) repairing specified Rodway Cuts caused by the District in pursuit of water/wastewater infrastructure repair processes. The District reserves the right to inspect equipment to be used to perform services under this contract. Any equipment determined to be in poor condition must be repaired/replaced immediately, at the Contractor’s expense. Failure to provide suitable equipment for carrying out all requirements of this contract may be grounds for termination.

PARTS AND MATERIALS: The Contractor shall furnish all parts and materials necessary for proper completion of maintenance and repair services of specified Roadway Cuts. Mark-up on parts and materials may not exceed 10% of Contractor’s cost. Invoices must identify the work performed, cost of labor, parts/materials used, parts/materials cost, and parts/materials mark-up cost.

INSPECTIONS AND REMEDIES: So as to ensure consistent quality of the work being performed, the District Representative will perform periodic inspections of Roadway Cut Repairs to ensure compliance with the contract specifications. Inspections may be made by the District at any time to confirm that work performed meets specifications. In addition to the District Representitve Inspections, Pueblo County will perform final inspections of all repairs and as such will remain the final authority of said repairs. If corrective work is required, the District and(or) Pueblo County will provide a written list of items, and the Contractor shall correct deficiencies as directed. If deficiencies are not corrected in a timely manner, the District may perform the work using others and deduct the cost from the Contractor's payment.

DAMAGES: The Contractor will be responsible for all damage to any and all Property caused by

Contractor, their staff or subcontractors during the performance of their duties.

NO MINIMUM SERVICE REQUIREMENTS: Services shall be provided by the Contractor on an as- needed, non-exclusive basis. The District does not represent that it will utilize any Contractor’s services in any guaranteed amount. No minimum dollar amount or number of Work Orders are guaranteed by the District.

CONTRACT DOCUMENTATION: Contractor is to provide documentation to the DISTRICT for the following information:

Submittals – All equipment, parts, and materials needed to complete the proposed work, must be submitted to the District for approval.

Proposals – Any work to be performed on behalf of the District must first be submitted from the contractor to the District for approval.

Change Orders – Any Change order requests must be submitted to the District for prior authorization and approval

4.0 SUBMISSION REQUIREMENTS

The submitted Proposal should address all the points outlined in the request for proposal.

The submitted Proposal should be prepared simply and economically, providing a straightforward, concise description of the firm’s capabilities to satisfy the requirements of this request for proposal. While additional data may be presented, the following items must be included, as they represent the criteria against which the proposal will be evaluated.

A. Transmittal Letter:

Must include a transmittal letter signed by an authorized representative of the firm confirming the firm’s availability to accomplish the requested services and a commitment to complete the services in a timely manner.

B. RFP Terms and Conditions:

Must indicate the firm has read, understands and accepts each section of this RFP. If firm does not agree with any section of the RFP, please provide a description of any disagreement(s).

C. Introductory Letter:

Provide a brief introduction of your firm, including office locations, main areas of expertise, number of staff, and company background and history. The introductory letter should also name the person or persons authorized to sign contracts and represent the consultant in any negotiations. (2-page max)

C. Conflict of Interest:

Please list any current (or potential) clients or projects which may be (or cause) a conflict of interest in working for Pueblo West Metro District and describe the possible extent of the conflict. (1-page max)

D. Experience and Qualifications:

Present the Proposer’s proposed team, identifying all Key Personnel, the reporting hierarchy of staff and Contractors/subcontractors, and the specific individuals that may be assigned to perform requested work for the District. Provide physical copies of any business licenses required for the requested work. (2-page max)

E. References Please provide a list of 5 clients of your company, preferably cities in the State of Colorado, who have used your services on projects similar to what is listed on this RFP. Include the name, address, e-mail address and telephone number of the client’s contact person. (1 page)

F. Rate Sheet:

Rates should include all costs of performing the Services, (including without limitation, accounting, marketing, equipment, supplies, permits, licenses, overhead, profit, etc.) See Attachment A “Rate Sheet” The Rate Sheet shall be valid for the initial one-year period of the contract. Rates for any subsequent extensions shall be negotiated at the time of contract renewal/extension.

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5.0 KEY TARGET DATES

Listed below are the tentative key target dates associated with the service described in this

RFP:

September 24, 2026 Issue Date of RFP

October 15, 2026 by 12:00 p.m. MDT End of Question Period

October 19, 2026 by 5:00 p.m. MDT Questions and Responses will be Published to Rocky Mountain E- Purchasing System

October 26, 2026 by 2:00 p.m. MDT RFP Due Date and Time

November 9, 2026 RFP Evaluation Deadline (Tentative)

November 23, 2026 Contract Negotiations Deadline (Tentative)

December 14, 2026 Board Approval (Tentative)

6.0 EVALUATION PROCESS

Proposer(s) must complete and return the entire RFP packet. The District may conduct such investigations as the District considers necessary to assist in the evaluation of any Proposal to establish the responsibility, qualifications and financial ability of any potential provider to perform the services specified under this RFP within the prescribed time.

Based on the evaluation process, a rank ordered list of responsive Proposer(s) shall be established. The District reserves the right to award the contract to the highest scoring firm after the initial 100-point evaluation. The District reserves the right to award the contract to both the first and second highest scoring vendor according to the evaluation criteria.

An award will be made by written or verbal “Notice of Award” to the selected offer. The decision of the District shall be final and conclusive, subject to the approval by the District Manager and/or Board of Directors.

6.1. Evaluation Criteria:

The District will analyze information provided by all Proposers. Criteria considered by the District in ranking the proposed Design and Engineering Services for the Administration Building are:

Proposal Points

• Staff Qualifications 30

• Experience 25

• References 25

• Cost/Fee Schedule 20

• TOTAL AWARDED POINTS-PROPOSAL 100

7.0 MISCELLANEOUS CONDITIONS

7.1 Termination of Contract:

A. An initial Agreement with the Proposer would commence on the date Agreement is signed, and unless sooner terminated as provided herein, would terminate on December 31, 2025, and thereafter, may be renewed for two (2) subsequent one-year renewal(s) by separate written agreements signed by the parties. Any such renewal shall be made subject to the availability of appropriated funds for the District fiscal year corresponding with such renewal dates.

B. The District shall have the right to terminate the Agreement or any extension hereof, anytime for any reason. Notification of the District’s intent to terminate the Agreement must be provided to Provider, in writing, at least thirty (30) days before the date of termination.

7.2 Written Agreement:

All Proposers are hereby notified that the execution of a Contract pursuant to this RFP is dependent upon the negotiation of a mutually acceptable Contract with the successful proposer’s firm and subject to appropriation by the District of the necessary funds on an annual basis.

Signature on the Proposal Cover Sheet shall serve as an acknowledgement that the Proposer is willing to enter into an agreement on the terms and conditions identified in this RFP with the Pueblo West Metropolitan District if their proposal is accepted.

7.3 Preparation of Proposals:

The Proposal must be signed by a company representative authorized to bind the Proposer(s) contractually. Failure to read the RFP and these instructions will be at the Proposer(s) own risk. Corrections and/or modifications received after the closing time specified will not be accepted.

Information submitted to the District is subject to the Colorado Open Records Act (Sections 24-72-201, et seq., C.R.S. “CORA”). If Proposer believes that any material it submits constitutes “trade secrets, privileged information and/or confidential, commercial, financial, geological or geophysical data” under C.R.S. 24-72-204(3)(a)(IV), the Proposer shall mark those items as confidential or proprietary. Statements that the entire Proposal is confidential will not be honored and may cause the RFP submission to be rejected. The District is not bound by the Proposer’s determination as to whether materials are subject to disclosure under CORA and reserves the right to independently determine whether the materials are required to be made available for inspection or otherwise produced under CORA. The District will endeavor to keep information that is deemed to be confidential separate and apart from the Proposal subject to the provisions of the Colorado Open Records Act or order of court. Proposer shall indemnify and hold the District harmless from all attorney fees, costs and liability incurred by or awarded against District in connection with any litigation challenging District’s determination of whether the materials are required to be made available for inspection or otherwise produced under CORA.

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7.4 Omissions:

Should the District omit information from this Request for Proposal that is necessary for a clear understanding of the work, or should it appear that various instructions are in conflict, then the offeror shall secure written instructions from the District’s Procurement Official at least seventy-two (72) hours prior to the time and date of the proposal opening.

7.5 Debarment:

By submitting this proposal, the proposer certifies that neither the company nor its principals is presently debarred, suspended, in the process of debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency.

7.6 Equal Opportunity:

The District adheres to a policy of equal opportunity and non-discrimination and will ensure that all proposers will be treated fairly and equitably throughout the proposal process, including the advertisement, evaluation and selection stages. Minority, small, disadvantaged & women-owned enterprises are encouraged to submit proposals.

7.7 Cost of Developing Proposals:

All costs related to the preparation of the proposals and any related activities are the sole responsibility of the proposer. The District assumes no liability for any costs incurred by offerors throughout the entire selection process.

7.8 Proposal Ownership:

All proposals, including attachments, supplementary materials, addenda, etc. shall become the property of the District and will not be returned to the offeror.

7.9 Additional Information:

For additional information or clarification concerning the services specified in this Request for Proposal, interested parties must submit their questions or comments, in writing, to the Procurement Specialist via e-mail to purchasing@pueblowestmetro.us. Questions will be answered in writing and posted on Rocky Mountain E-Purchasing website or sent to email addresses provided to the District in accordance with the dates designated in the “KEY TARGET DATES” section of this RFP.

Any contact with District staff that is not a request for additional information or clarification regarding the RFP as described in this section of the RFP is discouraged and could result in disqualification of the proposer.

Proposals must be submitted electronically via Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district. Submitted proposals mailto:purchasing@pueblowestmetro.us must total no more than 15 pages and must be one (01) pdf document. Proposals received after the date and time listed above will not be considered.

Proposals shall be type written or printed in ink.

After reviewing all Proposals received, the District may contract for the provision of Design and Engineering Services for the Administration Building.

Any interpretation, correction or change of the proposal documents shall be made by addendum to proposers and posted on Rocky Mountain E-Purchasing website or sent to email addresses provided to the District. Interpretation, corrections or changes of the proposal documents made in any other manner shall not be binding, and proposers shall not rely upon such interpretations, corrections or changes.

Exceptions to any part of the requirements stated in this request must be clearly identified as exceptions. Alternatives should be stated at that point in the response.

7.10 Terms and Conditions:

Late Proposals will not be accepted or considered. It is the responsibility of the proposer to ensure that his/her Proposal is properly delivered to the required authority at the time and place designated in this Request for Proposal.

The District will notify unsuccessful proposers in writing. The District’s silence does not imply any acceptance or rejection of any quotation offer.

Issuance of this RFP does not constitute a commitment by the District to award a contract. The District reserves the right to reject any or all Proposals received in response to this RFP, to waive minor irregularities and informalities in Proposals received, or to cancel this RFP if it is in the best interest of the District to do so.

The Proposer agrees, if his/her Proposal is accepted by the District, to furnish supplies and/or services in strict accordance with the Proposal specifications and at those prices set forth for each item in said Proposal.

The Proposer may not withdraw his/her Proposal for a period of sixty (60) days subsequent to the opening of Proposals without the consent of the District.

The District will not be responsible for any goods delivered or services performed if the procurement of same has not been approved by the Pueblo West Metropolitan District.

The District is exempt from State Sales/Use Taxes under Colorado Tax Exempt Number 09802534.

Proposer shall be responsible for complying with all applicable law in the provisions of services hereunder and for maintaining the confidentiality of all financial and personal information, as required by all applicable laws, resulting from the services provided by the Proposer under this

RFP.

If an Agreement is entered into, the parties understand that the Agreement is subject to the annual appropriation of funds for its continuance by the District and upon failure of the District to appropriate funds for Agreement, Agreement shall be automatically terminated without liability for termination to the District.

7.11 Insurance:

During the term of the Agreement and until final acceptance by the District of all work covered by the Purchase Order or contract, the Consultant performing services under the agreement shall provide, pay for and maintain in full force and effect the types and minimum limits of insurance, as indicated below, covering the Consultant, their employees, subcontractors or representatives, along with the activities of any and all subcontractors retained by the or the activities of anyone employed by any of them, or their representatives or anyone for whose acts they may be liable.

Commercial General Liability Insurance

The Consultant shall maintain commercial general liability insurance covering all operations by or on behalf of the Consultant on a per occurrence basis against claims for personal injury (including bodily injury and death) and property damage (including loss of use).

Coverage will include, if appropriate for the scope of services: Products and Completed Operations, Contractual Liability and a Waiver of Subrogation. The District, its elected and appointed officials, employees, agents and representatives shall be named as Additional Insureds by endorsement.

Minimum limits:

$1,000,000 each occurrence $2,000,000 general aggregate

Commercial Automobile Liability Insurance

The Consultant shall maintain business automobile liability covering liability arising out of the operation of any vehicle (including owned, non-owned and hired vehicles) with minimum limits of $1,000,000 combined single limit each accident, naming the District as an Additional Insured.

Workers’ Compensation and Employers Liability Insurance

The Consultant shall maintain Worker’s Compensation Insurance with limits in accordance with the provisions of the Workers’ Compensation Act, as amended, by the State of Colorado. Additionally, the Consultant shall maintain Employers Liability Insurance with minimum limits of: $100,000 bodily injury for each accident, $100,000 bodily injury by disease each employee and $100,000 bodily injury disease aggregate.

Limits of Insurance

The total limits of general or automobile liability and excess liability insurance set forth above may be provided to the District using a combination of primary and excess liability insurance.

Additional Insured and Waiver of Subrogation

The Consultant shall name the District, its elected and appointed officials, employees, agents and representatives as additional insured by endorsement and provide a waiver of subrogation for the Commercial General Liability, Auto Liability and Excess Liability insurance policies. The certificate of insurance will include these specific requirements along with a copy of the relevant endorsements.

Certificates of Insurance. Upon the execution of the agreement, the Consultant shall provide certificates of insurance to the District demonstrating that at the minimum coverages required herein are in effect. Consultant agrees that the required coverages will not be reduced, canceled, non-renewed or materially changed without Thirty (30) days prior written notice to the District. All certificates of insurance must be kept in force throughout the duration of the services. If any of Vendor’s or Contractor’s or its subcontractor’s coverage is renewed at any time prior to completion of the services, the Consultant shall be responsible for obtaining updated insurance certificates for itself and such subcontractors from the respective insurance carriers and forwarding the replacement certificates to the District within five (5) days of the expiration date of any previously delivered certificate

The minimum A.M. Best rating of each primary insurer shall be A- X and the minimum A.M.

Best rating of each excess insurer shall be A- VIII. The Consultant shall provide copies of insurance policies to the District Risk Manager upon request.

Any of the minimum limits of insurance set out herein may be raised or lowered at the sole discretion of the Risk Manager for the District in response to the particular circumstances giving rise to the contract. The Vendor’s or Contractor’s policy will be primary and non-contributory with respect to any and all insurance policies purchased by the additional insured.

In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance requirements, the contract shall also be protected by a Professional Liability Insurance policy as set forth below:

Professional Liability Insurance

The Consultant shall maintain professional liability insurance with minimum limits of Two Million Dollars ($2,000,000), covering those claims which arise out of the negligent acts or omissions of the Consultant, its Subcontractor and any other parties for whom it may be liable including without limitation, bodily injury, personal injury, property damage and including a contractual liability endorsement specifically applicable to the insurable indemnity obligations set forth herein which Professional Liability Insurance shall be carried on a claims-made basis maintained in full force and effect for the term of the agreement and, to the extent possible, for a minimum period of Three (3) years after the completion of any and all of Consultant’s Services hereunder. Any retroactive date or prior acts exclusion to which such coverage is subject shall pre-date both the date upon which any services hereunder are commenced and the date of the agreement. In the event that coverage is renewed during the original term of any subsequent term of the agreement, endorsement(s) for the new policy(ies) shall be delivered within five (5) days after renewal.

7.12 Licenses:

A. The Proposer must have in its possession all applicable licenses and permits, must file all documents required by law and must request any required inspections in a timely manner as may be required by all authorities. The Proposer must cooperate with all government agencies and must comply with all laws, ordinances, resolutions, rules and regulations including, but not limited to, site assessment requirements.

B. The Proposer may be required to submit copies of all licenses, permits and insurance certificates to the District upon request.

C. The Proposer shall take all reasonable precautions in the performance of the work to protect from all hazards to life and property, and shall comply with all applicable health, safety and fire protection regulations and requirements.

7.13 Indemnify and Hold Harmless Provision:

The Proposer must agree to indemnify, hold harmless and, not excluding the District's right to participate, defend District, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project,, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Proposer to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Proposer will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of a contract, the Proposer agrees to waive all rights of subrogation against the District, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Proposer for the District. By requiring this right to indemnification, the District in no way waives or intends to waive the immunity protections provided to the District and its employees under the Colorado Governmental Immunity Act, C.R.S.

§ 24-10-101, et seq.

7.14 Independent Contractor:

The parties understand and agree that Proposer shall, at all times during the term of the contract, be deemed an independent Contractor and not an employee of the District, and shall be responsible for, and obligated to pay, all withholding taxes, social security, unemployment, worker's compensation, and/or other taxes and shall indemnify and hold the District harmless from and against any and all claims for the same period. Contractor acknowledges and agrees that all of its personnel are its employees only, and not employees or agents of the District for any purpose whatsoever, including for purposes of Worker’s Compensation.

7.15 Mandatory Mediation, Venue and Trial:

If a dispute arises relating to this Contract (whether prior to or after execution) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that party’s last known address. If the parties cannot reach a binding settlement through mediation, then in the event of any litigation concerning this contract, the parties agree that venue for such an action, however styled, will only be proper in either the County or District Court, depending on the amount in controversy, or if equitable relief is an element of the cause of action, for the County of Pueblo, State of Colorado. In the instance that a lawsuit is filed, the parties agree that it will be a trial to the court and neither party shall request trial by jury.

7.16 No Waiver of Sovereign Immunity:

No term or condition of this Contract is intended nor shall be construed as a waiver, either express or implied, of the monetary limits, notice requirements, immunities, rights, benefits, defenses, limitations and protections available to the Parties under any applicable law, including but not limited to the Colorado Governmental Immunity Act, C.R.S.§§ 24-10-101, et. seq., as currently written or hereafter amended or implemented.

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8.0 Template Agreement:

On-Call Asphalt Patching and Concrete Repair Template Agreement

THIS AGREEMENT is made and entered into this _________ day of XXXX, 2026, by and between XXXX. (hereinafter referred to as “Consultant”) and Pueblo West Metropolitan District (hereinafter referred to as “District”).

WITNESSETH:

WHEREAS, District is in need of an on-call asphalt patching & concrete repair contractor ; and

WHEREAS, the services Consultant is providing has been deemed a “Professional Service” and it is the recommendation of the Utilities Department, that an agreement be entered into with Consultant to provide Wastewater Treatment Facility Expansion Design Services for the Pueblo West Metropolitan District

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

OBLIGATION OF CONSULTANT:

As consideration for payment of the charges set forth herein, by District, Consultant agrees to supply all labor and materials to , as per the proposal submitted by Consultant, dated XXX, “Exhibit A” which is incorporated herein by this reference.

CHANGES IN THE WORK:

The District, without invalidating the purchase order contract, may order extra work, or make any other reasonably related changes by altering, adding to or deducting from the work. The contract price and time of completing of the work may then be adjusted accordingly by mutual agreement with a change order or amendment to the Agreement issued by the District.

TERM/TERMINATION:

This Agreement shall commence on the first date written above, unless sooner terminated as provided herein, and shall automatically terminate XX calendar days from the first date written above. The parties understand and agree that this Agreement is subject to the annual appropriation of funds for its continuance by the District and upon failure of the District to appropriate funds for this Agreement said Agreement shall be automatically terminated without liability for termination to the District.

If any work contemplated by this Agreement is initiated before this Agreement has been signed by all parties and approved by the Board of Directors, then the District may, at its option, chose to cancel this contract and pursue Contractor for any damages resulting from the early commencement of work.

GUARANTY

A. If, within one (1) year after the date of Substantial Completion of the Work or within one (1) year after acceptance by District, or within such longer period of time as may be prescribed by law, any of the Work, as described in this Agreement, is found to be defective or not in accordance with the scope of work, Consultant shall correct said defective Work promptly upon receipt of a written notice from the District to do so unless District with knowledge of the condition has given Consultant a written acceptance of such condition. In addition, one (1) month prior to guaranty ending, Consultant shall conduct an inspection of the Work, as a construction warranty inspection, and report findings to District within thirty (30) days. This obligation shall survive termination of the contract. In any case, District shall give notice of any defective condition promptly after the discovery thereof.

B. Any other manufacturer warranties for products purchased for the project by Consultant shall be transferred to the District by Consultant.

PERMITS, LICENSES AND REGULATIONS:

Permits and licenses required for prosecution of the work shall be procured and paid for by the Consultant.

Consultant warrants that has and will maintain all licenses and certifications required by federal or state law or regulations and agrees to abide by all the applicable laws, regulations and administrative rulings of the Untied States, State of Colorado, Pueblo West Metropolitan District, City of Pueblo, Pueblo County, and any other applicable political subdivision, securing any necessary license and permits in connection with implementing the Agreement. The Consultant shall notify the District, and the Agreement shall terminate, if the Consultant loses any such license or certifications.

CODE COMPLIANCE:

Consultant shall exercise usual and customary professional care in their efforts to comply with applicable law, codes and regulations in effect as of the date of this Agreement. Consultant will not be the final arbiters of code enforcement and interpretations. Consultant will not and does not warrant or guarantee in any manner whatsoever, that interpretations, rulings, and enforcements of the building officials will not add cost or time to the project. Design changes made necessary by newly enacted laws, codes and regulations after the date of this Agreement shall be considered additional services subject to an adjustment in compensation and schedule.

XI. STAFFING:

A. The Consultant personnel listed below are essential to the proper performance of the services under this Agreement:

Name Title

XXXXXXXXX XXXXX

The above-identified individuals are key persons and will be available to perform the Work. Consultant agrees to make key personnel available as required to perform the Work as long as such persons are employed by Consultant. Consultant shall obtain the prior written approval of the District before appointing other Consultant personnel as a substitute(s) for the above-named key personnel. The District reserves the right to reject proposed replacement personnel, or require the replacement of any Consultant personnel; however such District action shall not subject the District to any liability to Consultant nor be used by Consultant as an excuse for failure to meet the requirements of this Agreement.

B. Consultant shall insure the quality, timeliness, and continuity of services are maintained through the duration of the project. Consultant shall avoid changes to the key personnel to the extent possible.

C. Consultant shall inform the District in writing of any non-employee persons or firms it intends to hire to perform any Work required by this Agreement and shall keep the District informed of any changes or additions to this information. The Contractor shall not continue Work until the District approves, in writing, any additional firms. Consultant shall be responsible for any Work performed under this Agreement, including that portion of the Work performed by other individuals or firms. Nothing contained herein shall create any contractual relationship between any additional persons and/or firm(s) and the District.

XII. DEDUCTION FOR UNCORRECTED WORK:

If the District finds that work was not performed in accordance with the contract, equitable reduction of the contract price shall be made therefore.

XIII. USE OF PREMISES:

The Consultant shall confine his apparatus, storage of materials, and operations of his workmen to such places and within such limits as to cause least inconvenience to the users of the site.

XIV. DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICES:

The Consultant will not discriminate against any employee or applicant for employment because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry; but with regard to a disability, it is not a discriminatory or an unfair employment practice if there is no reasonable accommodation that can be made with regard to the disability pursuant C.R.S § 24-34-402.

XVI. GENERAL:

A. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation of this contract. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.

B. The signatories to the attached contract state that they are familiar with C.R.S. § 18-8-301, et seq., (Bribery and Corrupt Influence) and C.R.S. § 18-8-401, et seq., (Abuse of Public Office), and that no violation of such provisions is present or has occurred.

C. The signatories state that to their knowledge, no District employee has any personal or beneficial interest whatsoever in the service of property described herein.

XVI. SALES TAX EXEMPTIONS:

It is understood by the Consultant that this project is exempt from any requirements for the collection of State and District sales or use tax, since this is a public project, and Consultant affirmatively states that provisions for such taxes are not included in its proposal for this project and will provide a certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for the purpose stated in C.R.S. § 39-26-708, and is exempt from Colorado State Sales Tax.

XVII. COLORADO LABOR PREFERENCE:

Consultant understands and agrees that the provisions of C.R.S. §§ 8-17-101-102, pertaining to the preference of Colorado labor are applicable to this agreement if public works within the District are undertaken hereunder and are financed in whole or in part by State or District funds.

XIX. DISTRICT'S RIGHT TO TAKE OVER THE WORK:

If the Consultant should be adjudged bankrupt; or if it should make a general assignment for the benefit of its creditors or if a receiver should be appointed on account of its insolvency; or if it should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled Workmen or proper materials; or if it should fail to make prompt payments to the sub-consultants or for materials or labor; or persistently disregard laws, ordinances, or the instructions of the Engineer; or otherwise be guilty of a substantial violation of any provision of the contract, then the District, upon certification by the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy, after giving the Consultant ten (10) days' written notice, terminate the employment of the Consultant and take possession of the premises and all materials, tools, and appliances thereon and finish the Work by whatever method the District may deem expedient. In such case, the Consultant shall not be entitled to receive any further payment until the Work is finished.

If the unpaid balance of the Contract price shall exceed the expense of finishing the Work, including compensation for additional material, administrative services, and engineering fees, such excess shall be paid to the Consultant. If the expense of completing the Work exceeds the unpaid balance, the Consultant shall pay the difference to the District. The expense incurred by the District as herein provided, and the damage incurred through the Consultant's default, shall be certified by the Engineer.

XX. DISTRICT'S RIGHT TO SUSPEND CONSULTANT'S PERFORMANCE OF THE

WORK:

For good and sufficient cause; such as: (a) unsuitable weather, (b) faulty workmanship, (c) Consultant's failure to carry out any reasonable order or to perform any provision of the purchase order and collateral documents, or (d) any other circumstance unfavorable for prosecution of the work, the District shall have the right to suspend the Consultant's performance of the work. Notice of such suspension shall be given in writing five (5) days before the suspension takes effect. The Consultant shall resume performance of the work promptly when so notified in writing by the District.

XXIV. APPROPRIATION OF FUNDS:

Funds have been appropriated for this project that is equal to or in excess of the contract amount, however, Consultant understands and agrees that this Agreement is expressly made subject to the annual appropriation of funds by District for its continuance and upon failure of District to appropriate funds for this Agreement said Agreement shall be terminated without liability to District and without regard to other termination notices required herein.

XXV. INSURANCE:

During the term of this Agreement and until final acceptance by the District of all Work, the Consultant performing services under this Agreement shall provide, pay for, and maintain in full force and effect the types and minimum limits of insurance, as indicated below, covering the Consultant, its employees, subcontractors or representatives, along with the activities of any and all subcontractors retained by the Consultant, or the activities of anyone employed by the Consultant or the subcontractor, or their representatives or anyone for whose acts for which they may be liable.

Commercial General Liability Insurance. The Consultant shall maintain commercial general liability insurance covering all operations by or on behalf of the Consultant on a per occurrence basis against claims for personal injury (including bodily injury and death) and property damage (including loss of use). Coverage will include, if appropriate for the scope of services: Products and Completed Operations, Contractual Liability, and a Waiver of Subrogation. The District, its elected and appointed officials, employees, agents and representatives shall be named as Additional Insureds by endorsement.

Minimum limits:

$1,000,000 each occurrence $2,000,000 general aggregate

Commercial Automobile Liability Insurance. The Consultant shall maintain business automobile liability covering liability arising out of the operation of any vehicle (including owned, non-owned and hired vehicles) with minimum limits of $1,000,000 combined single limit each accident, naming the District as an Additional Insured.

Workers’ Compensation and Employers Liability Insurance. The Consultant shall maintain Worker’s Compensation Insurance with limits in accordance with the provisions of the Workers’ Compensation Act, as amended, by the State of Colorado. Additionally, the Consultant shall maintain Employers Liability Insurance with minimum limits of: $100,000 bodily injury for each accident, $100,000 bodily injury by disease of each employee, and $100,000 bodily injury disease aggregate.

Limits of Insurance. The total limits of general or automobile liability and excess liability insurance set forth above may be provided to the District using a combination of primary and excess liability insurance.

Additional Insured and Waiver of Subrogation. The Consultant shall name the District, its elected and appointed officials, employees, agents, and representatives as additional insureds by endorsement and provide a waiver of subrogation for the Commercial General Liability, Auto Liability, and Excess Liability insurance policies. The certificate of insurance will include these specific requirements along with a copy of the relevant endorsements.

Certificates of Insurance. Upon the execution of this Agreement, the Consultant shall provide certificates of insurance to the District demonstrating that the minimum coverages required herein are in effect. Consultant agrees that the required coverages will not be reduced, canceled, non-renewed, or materially changed without thirty (30) days prior written notice to the District. All certificates of insurance must be kept in force throughout the duration of the services. If any of Vendor’s or Contractor’s or its subcontractor’s coverage is renewed at any time prior to completion of the services, the Consultant shall be responsible for obtaining updated insurance certificates for itself and such subcontractors from the respective insurance carriers and forwarding the replacement certificates to the District within five (5) days of the expiration date of any previously delivered certificate.

The minimum A.M. Best rating of each primary insurer shall be A- X and the minimum A.M. Best rating of each excess insurer shall be A- VIII. The Consultant shall provide copies of insurance policies to the District Risk Manager upon request.

Any of the minimum limits of insurance set out herein may be raised or lowered…