Request for Quote (RFQ)

Date Issued: October 14, 2026

Project #: Q26-096MZ

QUESTIONS DUE: October 19, 2021 1:00PM MDT – email michael.zeller@coloradosprings.gov

QUOTES DUE: October 28, 2026 2:00PM MDT.

Please provide pricing and delivery information for the product(s) described in Exhibit A.

If there are exceptions taken to any of the terms, conditions, or specifications listed in the attachments to this RFQ, they must be clearly stated on a separate sheet of paper attached to this sheet and returned with your submission.

Please provide a quote on company letterhead for Valley Hi Irrigation Pond Repairs per Exhibit A – Scope of Work. Offerors must also complete and upload the Reps & Certs document in B.

The City of Colorado Springs intends to award a Contract resulting from this solicitation to the most responsive, responsible bidder, whose offer conforming to the solicitation, will be most advantageous to, and in the best interest of, the City of Colorado Springs, cost/price and other factors considered (specifications and additional options, delivery date, warranty, etc.). In addition to other factors, quotes will be evaluated on the basis of advantages and disadvantages to the City that might result from offers received. The City reserves the right to reject any or all quotes and to waive informalities and/or irregularities in the quoted offer. The City reserves the right to request additional product literature and/or supplemental information if needed to determine whether or not a product meets minimum specifications.

CONTACT: Mike Zeller Senior Contracting Specialist 107 N. Nevada Ave., Suite 125 Colorado Springs, CO 80903

(719) 385-5264 Michael.zeller@coloradosprings.gov

Exhibit A – Scope of Work Exhibit B – Qualifications Documents – PLEASE RETRUN WITH YOUR QUOTE Exhibit C – Sample Contract Exhibit D – Site Map

Budget: $600,000.00 Period of Performance: NTP - March 12, 2027 mailto:michael.zeller@coloradosprings.gov mailto:michael.zeller@coloradosprings.gov mailto:Michael.zeller@coloradosprings.gov

EXHIBIT A SCOPE OF WORK

A.1 BACKGROUND

The City of Colorado Springs is seeking an experienced and qualified licensed contractor to rebuild the non-potable water irrigation pond at Valley Hi Golf Course. The pond is the source water used to irrigate the golf course so work must be completed during the winter season. The City requires this project to be completed no later than March 5, 2027. The offeror must be able to provide a construction schedule. The offeror must be able to illustrate similar project experience in its response.

The Scope of Services to be provided shall include, but not be limited to: preparation and submittal for necessary construction permits; furnishing of all labor, materials, equipment, component/devices, transportation, fuel, supervision, and inspections; connection to existing water service line and sanitary line; connection to existing power, natural gas, and other private utilities; and all other incidentals needed to complete all necessary work, in accordance with this proposal.

Project will include design survey with 1-foot contour intervals; develop Grading & Erosion Control Plans (GEC); prepare City Stormwater Management Plan (CSWMP) and drainage letter; conduct required coordination meetings and construction administration.

The Project includes site work clear and grub pond area up to 2 feet deep; remove trees; install erosion control measures including straw wattles (up to 200 LF), inlet protection (up to 20 LF), vehicle tracking pad; provide portable toilet. Excavate, load, and remove pond sediment and poor-quality riprap; haul offsite up to 3,000 CY of disposed material unless alternates are selected; dump fees included.

The pond liner must be a synthetic material with a permeability of 10-6 cm/sec or less specified by regulation 5 CCR 1002-84. The liner specification must be submitted and approved before purchase. The anticipated liner to be installed is a 45-mil pond liner up to 51,240 SF including substrate preparation, grading, and all associated labor. Anticipated import and install 2,600 tons of clean fill dirt (1/2 inch minus) to a depth of 1 foot; import and install 650 tons of new riprap, 10 feet wide around the pond perimeter; install 800 SF of grouted riprap around the fill pipe, intake, and spillway. Install two diffuser assemblies (up to 500 LF of 3/8-inch tubing), 1/2 HP compressor, air filter, and system cabinet. Cleanup including remove construction debris, temporary controls, and restore disturbed areas to a clean condition.

Proposers are expected to visit the jobsite to determine all requirements and conditions that will affect the work. All visits must be scheduled. Failure to do so will not relieve a proposer from responsibility to know what is contained in this request for proposal, or site conditions affecting the work.

The successful offeror will most likely be a highly qualified firm that not only offers a cost proposal that will be within the City’s construction budget, but also be able to demonstrate their ability to complete this project within the requested completion time or earlier. Furthermore, the successful contractor based on strong partnerships with their subcontractors, has the ability to not only obtain fair and reasonable competitive prices for the products, but also a commitment to ensure the production necessary to meet proposed schedule milestones as well as overall proposed completion date.

A.2 PROJECT ITEMS TO NOTE

A. The Contractor shall be responsible for planning and providing perimeter site fencing and signage as required to ensure the safety and security of the site from the public.

B. Contractor shall be responsible for all utility connections.

C. Contractor shall be responsible to provide a dumpster; otherwise, discarded material shall be removed daily. No discarded construction material shall be dumped or remain on site and must be legally disposed of.

D. Contractor shall put in measures to prevent contamination of adjacent water ways during construction.

A.3 ACCEPTANCE

The City of Colorado Springs will review each installation to determine compliance prior to final acceptance of the work. Any work not installed in accordance with the plans and specifications and rejected by the City of Colorado Springs must be removed and replaced at the Contractor’s expense.

A.4 BONDS

Proposal, performance, and payment bonds will be required for this project.

A.5 CLEANING

Perform cleaning during installation of the work and upon completion of the work. Remove from site all excess materials, soil, debris, and equipment. Any spoils created from this work must become the property of the Contractor and must be disposed of in a legal and proper manner.

A.6 FIELD CONDITIONS

It must be responsibility of the Contractor to verify all site conditions before they submit their bid.

Verify and coordinate all work to field locations and dimensions. Contractor is responsible for the installation of temporary construction fencing and signage to safely enclose the work area along with silt fencing for entire perimeter of site work.

A.7 MEETINGS

Weekly meetings with city staff for project progress, issue identification and resolution and facilitation of departmental input. Coordinate a pre-construction meeting with departmental representatives.

A.8 CONSTRUCTION

Construction must be in accordance with the terms and conditions in this Invitation to proposal, construction documents provided under Exhibit A - Scope of Work. All work must meet all applicable Federal, State, and local building codes and must be performed by qualified licensed contractors in their respective areas (electrical, mechanical, plumbing, fire, etc.). The contractor must complete all work per Construction Documents including the associated specifications.

A.9 PERMIT REQUIREMENTS

Contractor responsible to obtain any additional necessary permits and inspection approvals and pay all additional related fees for the required work included under this solicitation. Contractor must provide a copy of all obtained additional permits to the City of Colorado Springs.

Contractor shall be responsible to install a Permit Posting Box Unit. Approved plans and permits must be available on site for the inspector.

A.10 PROPERTY REPLACEMENT

Property at the site, including turf (sod), concrete pavement, asphalt, and fencing requiring movement during the course of construction, or any other damage due to the work performed by contractor must be reinstalled, repaired or replaced before final payment is made. Disturbed area must be re-graded and all materials exported. Any damage to the golf course must be repaired to the golf course superintendent’s specifications including turf repairs and irrigations.

The wet wells must be operational including intake and intake screen.

A.11 SAFETY PRECAUTIONS

The contractor must be responsible for initiating, maintaining, and supervising all safety precautions in connection with the work and applies continuously throughout the contract term.

The contractor is responsible for meeting or exceeding all OSHA standards on the site as well as meeting any state or local safety standards. The contractor must erect and maintain all reasonable safeguards for safety and protection, including posting danger signs and other warning signs against hazards. It is the responsibility of the contractor to provide a safe environment for park patrons and must monitor and maintain fencing/barricades to ensure continued safety.

A.12 USE OF SITE

The contractor must confine its operations at the site to areas permitted by law, ordinances and permits. The contractor must not unreasonably encumber the site with materials, equipment or trailers nor shall the entrance be blocked or otherwise prevent reasonable access to the site, other working, and parking areas, completed portions of the work and/or properties and storage areas.

A.13 UTILITIES

Contractor is responsible for making appropriate contact to ensure utility locations have been marked prior to excavation and trenching. The contractor must protect all utilities (including irrigation) encountered while performing its work. The contractor must exercise due care when excavating around utilities and must restore any damaged utilities, at its own expense, to the same condition or better as existed prior to start of work.

A.14 WARRANTY AND GUARANTEES

The contractor must furnish the City of Colorado Springs with a signed Two (2) year warranty and maintenance program covering all systems for Two (2) years from the date of final acceptance of the project by City of Colorado Springs. The contractor is responsible for securing warranties and guarantees for any materials, equipment, or fixtures to be incorporated into the project.

A.15 WORKMANSHIP

A. All furnishings described in this solicitation must be installed by qualified tradesman. All installation work and materials to be per manufacturer’s specifications, or as directed by the Owner’s Representative.

B. All work and materials are subject to the approval of the City of Colorado Springs.

C. All products must be inspected by the City of Colorado Springs for damage and chipped or marred finish. Contractor must replace any damaged or rejected products at no additional cost to the owner. The owner’s representative may at his option authorize acceptance of chipped or scratched painted surfaces repaired by contractor at his own risk.

A.16 TIMELINE

The City requires this project to be completed no later than March 5, 2027.

EXHIBIT B – QUALIFICATIONS DOCUMENTS

FOLLOWS THIS PAGE

SOLICITATION QUALIFICATIONS DOCUMENTS

Please complete all sections of this document including the Solicitation Certification, Representations and Certifications, Qualification Statement, Exceptions, Minimum Insurance Requirements, and Signature Page.

Please submit all completed documents with your bid/ proposal and sign the Minimum Insurance Requirements and Signature Page.

Solicitation:

Solicitation Number:

Firm Name: Date:

Address:

Federal Tax ID #:

Tax Classification:

Sole Proprietorship Partnership C Corporation

S Corporation LLC Nonprofit

DUNS Number:

OFFEROR REPRESENTATIVE

Offeror has appointed the following as the offeror’s representative and contact for all questions or clarifications in regard to this offeror.

Name:

Telephone:

E-mail:

Solicitation Qualification Documents Final

SOLICITATION CERTIFICATION

PLACE OF BUSINESS

Company’s Principal Place of Business

Does Offeror Have an established office or facility in Colorado Springs? YES NO

If Yes, Indicate address below if different from principal place of business.

Year Facility Was Established

Percent of Work to be performed from principal place of business.

Percent of Work to be performed from Colorado Springs Facility

INSURANCE

Indicate your ability to provide a certificate of insurance evidencing the required coverage types and limits specified in Minimum Insurance Requirements Exhibit. (The certificate of insurance must reflect the City of Colorado Springs as an Additional Insured, as applicable.)

Initial Here

Indicate your Ability to Comply with the following requirements:

The City shall be added as an Additional Insured to all liability policies

YES NO

VII

Your property and liability insurance company is licensed to do business in Colorado

YES NO

Your property and liability insurance company has an AM best rating of not less than B+ and/or

YES NO

Worker’s Compensation Insurance is carried for all employees and covers work done in Colorado.

YES NO

Provide the name of your property and liability insurance company here:

FINANCIAL STATEMENTS

Current Financial Statements are not required for this solicitation.

Current Financial Statements are required for this solicitation. Please include financial statements as a separate document with your proposal.

Initial Here

COMPLETED PROPOSAL

Provide the completed and signed proposal. (Proposals must be identified as specified in this RFP document). All required Exhibits are attached.

Initial Here

ACKNOWLEDGE ADDENDUM

Offeror hereby acknowledges receipt of the following amendments, if applicable Offeror agrees that it is bound by all Amendments identified herein.

Addendum #1 Dated:

Initial Here

Addendum #2 Dated:

Initial Here

Addendum #3 Dated:

Initial Here

Additional Addendum, if issued Initial Here Dated:

REPRESENTATIONS AND CERTIFICATIONS

1. INSURANCE REQUIREMENTS

Offeror shall comply with all insurance requirements and will submit the Insurance Certificates prior to performance start date. If limits are different from the stated amounts, Offeror shall explain variance. Certain endorsements and “additionally insured” statements may require further clarification and specific statements on a project specific basis and should have been described in the Offeror’s proposal.

Initial Here #1

2. ETHICS VIOLATIONS

a) The Offeror shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in this clause in its own operations and direct business relationships.

b) Offeror certifies the Offeror has not violated or caused any person to violate, and shall not violate or cause any person to violate, the City’s Code of Ethics contained in Article 3, of Chapter 1 of the City Code and in the City's Procurement Rules and Regulations

c) When the Offeror has reasonable grounds to believe that a violation described in this clause may have occurred, the Offeror shall promptly report the possible violation to the City Contracts Specialist in writing.

d) The Offeror must disclose with the signing of this proposal, the name of any officer, director, or agent who is also an employee of the City and any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Offeror’s firm or any of its branches.

e) In addition, the Offeror must report any conflict or apparent conflict, current or discovered during the performance of the Contract, to the City Contracts Specialist.

f) The Offeror shall not engage in providing gifts, meals or other amenities to City employees.

The right of the Offeror to proceed may be terminated by written notice issued by City Contracts Specialist if Offeror offered or gave a gratuity to an officer, official, or employee of the City and intended by the gratuity to obtain a contract or favorable treatment under a contract.

g) The Offeror shall cooperate fully with the City or any agency investigating a possible violation on behalf of the City. If any violation is determined, the Offeror will properly compensate the City.

h) The Offeror agrees to incorporate the substance of this clause (after substituting “Contractor” for “Offeror”) in all subcontracts under this offer.

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3.

4.

5.

6.

COOPERATION WITH OTHER CONTRACTORS

Other City activities/contracts may be in progress or start during the performance of this contract. The Offeror shall coordinate the work harmoniously with the other contractors or City personnel, if applicable.

Initial Here #3

INTERNET USE

Should the Offeror require access to City Internet resources in the performance of this requirement, a “Contractor’s Internet Use Agreement” form must be separately signed by each individual having access to the City Network. The completed Contractor’s Internet Use Agreement will be maintained with this agreement. Inappropriate use of the City Network will be grounds for immediate termination of any awarded contact.

Initial Here #4

LITIGATION

If awarded a contract, Offeror shall notify the City within five (5) calendar days after being served with a summons, complaint, or other pleading in any matter which has been filed in any federal or state court or administrative agency. The Offeror shall deliver copies of such document(s) to the City's Procurement Services Manager. The term "litigation" includes an assignment for the benefit of creditors, and filings of bankruptcy, reorganization and/or foreclosure.

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CONTRACTOR’S REGISTRATION INFORMATION

Offeror’s firm verifies and states that they are (check all that apply):

Large Business (i.e. do not qualify as a small business or non-profit)

Nonprofit

Small Business

Minority Owned Business/Small Disadvantaged Business

Woman Owned Business

Veteran Owned Business

Service-Disabled Veteran Owned Business

HUBZone Business

Note: The City accepts self-certification for these categories in accordance with Small Business Administration (SBA) standards. The SBA size standards are found on the SBA website https://www.sba.gov/content/am-i-small-business-concern.

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7. CONTRACTOR PERSONNEL

a) The Offeror shall appoint one of its key personnel as the “Authorized Representative” who shall have the power and authority to interface with the City and represent the Offeror in all administrative matters concerning this proposal and any awarded contract, including without limitation such administrative matters as correction of problems modifications, and reduction of costs.

b) The Authorized Representative shall be the person identified in the Offeror’s proposal, unless the Offeror provides written notice to the City naming another person to serve as its Authorized Representative. Communications received by the City Contracts Specialist from the Authorized Representative shall be deemed to have been received from the Offeror.

Name:

Telephone:

E-mail:

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8. OFFEROR’S CERTIFICATION

The undersigned hereby affirms that:

a) He/She is a duly authorized agent of the Offeror;

b) He/She has read and agrees to the City’s standard terms and conditions attached.

c) The offer is presented in full compliance with the collusive prohibitions of the City of

Colorado Springs. The Offeror certifies that no employee of its firm has discussed, or https://www.sba.gov/content/am-i-small-business-concern compared the offer with any other offeror or City employee and has not colluded with any other offeror or City employee.

d) The Offeror certifies that it has checked all of its figures, and understands that the City will not be responsible for any errors or omissions on the part of the Offeror in preparing its proposal.

e) By submitting an offer the Offeror certifies that it has complied and will comply with all requirements of local, state, and federal laws, and that no legal requirements have been or will be violated in making or accepting this solicitation.

I hereby certify that I am submitting the proposal based on my company's capabilities to provide quality products and/or services on time.

Initial Here #8

9. OFFEROR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS:

1. The Offeror certifies to the best of its knowledge and belief, that (i) the Offeror and/or any of its Principals

Are Are Not

Presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency.

Have Have Not

Within a three year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, local) contract or subcontract; violation of Federal or state antitrust statutes relation to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, tax evasion, or receiving stolen property; and

Are Are Not presently indicated for, or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in any paragraphs above.

2. The Offeror shall provide immediate written notice to the City Contracts Specialist if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reasons of changed circumstances.

3. The certification in paragraph 1. above, is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the City, the

City Contracts Specialist may terminate the contract resulting from this solicitation for default. Termination for default may result in additional charges being levied for the costs incurred by the City to initiate activities to replace the awarded Contractor.

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10. ACCEPTANCE OF CITY CONTRACTS SPECIALIST’S SOLE AUTHORITY FOR

CHANGES

Unless otherwise specified in the Contract, the Offeror hereby agrees that any changes to the scope of work, subsequent to the original contract signing, shall be generated in writing and an approval signature shall be obtained from the City Contracts Specialist prior to additional work performance.

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11.CITY CONTRACTOR SAFETY PROGRAM

The Offeror hereby agrees to adhere to a worker safety program for contractor employees on a City job site or location. By initialing below, the Offeror has reviewed the information and will abide by the City Policy which is available for review:

https://coloradosprings.gov/finance/page/procurement-regulations-and-documents

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12. ACCEPTANCE OF CITY ENVIRONMENTALLY PREFERRED PURCHASING (EPP)

POLICY

The City of Colorado Springs is committed to buying more environmentally preferable goods and services, as long as they meet performance needs, are available within a reasonable time and at a reasonable cost. The Offeror hereby acknowledges review of this policy by initialing below.

https://coloradosprings.gov/finance/page/procurement-regulations-and-documents

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Solicitation Qualification Documents Final https://coloradosprings.gov/finance/page/procurement-regulations-and-documents https://coloradosprings.gov/finance/page/procurement-regulations-and-documents

13. FRAUD, WASTE, AND ABUSE

Everyone has a duty to report any suspected unlawful act impacting the City of Colorado Springs operations and its enterprises. Anyone who becomes aware of the existence or apparent existence of fraud, waste, and abuse in City of Colorado Springs is encouraged to report such matters to the City Auditor’s Office in writing or on the telephone hotline 385- 2387 (ADTR). Written correspondence can be mailed to:

City Auditor

P.O. Box 2241

Colorado Springs CO 80901

Or via email FraudHotline@ColoradoSprings.gov. Any of these mechanisms allow for anonymous reporting. For more information, please go to the website https://coloradosprings.gov/cityfraud.

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Solicitation Qualification Documents Final mailto:FraudHotline@ColoradoSprings.gov https://coloradosprings.gov/cityfraud

QUALIFICATION STATEMENT

This statement will provide information which will enable the City to evaluate the qualifications of your firm and staff with regard to the requirements of this solicitation. Please complete this form in its entirety. If a request in the Qualification Statement is contained in the proposal, indicate the section in the proposal where that information can be found.

1. TYPE OF LICENSE(S) HELD

2. TYPE OF SERVICE TO BE PROVIDED FOR THIS SOLICITATION

3. NUMBER OF YEARS IN BUISNESS

4. FIRM HSITORY & STAFF QUALIFICATIONS

In your proposal provide a brief history of your firm, staff size, and experience. Submit a resume for the project manager and each key personnel assigned to this project.

5. WHAT OTHER NAME(S) HAS YOUR COMPANY OPERATED UNDER

My Firm has not operated under any other names

6. HAVE YOU OR YOUR FIRM EVER FAILED TO COMPELTE ANY WORK AWARDED

TO YOU?

Yes No

If Yes, Please Explain

7. HAS ANY OFFICER OF PARTNER OF YOUR ORGANIZATION EVER BEEN AN

OFFICER OR PARTNER OF ANOTHER ORGANIZATION THAT FIALED TO

COMPLETE A CONTRACT WITHIN THE LAST FIVE (5) YEARS?

Yes No

If Yes, Please Explain

8. HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN INVOVLED IN

ANY BANKRUPTCY ACTION?

Yes No

If Yes, Please Explain

9. ARE YOU PRESENTLY INVOVLED IN ANY LITIGATION WITH ANY GOVERNMENT

AGENCY?

Yes No

If Yes, Please Explain Type, Kind, Plaintiff, Defendant, etc. and state the current status:

10. BANK REFERENCE

Bank Name:

Address:

Contact:

Phone #:

E-mail:

11. SIMILAR PROJECTS

List Three similar projects (local or state-wide) from the last five (5) years. Include the location of the project, size of project (contract amount), contract name and information.

NOTE: Detailed information on these projects may also be requested in the solicitation package

Indicate here if this information is provided within your proposal and Identify where in the proposal it is located.

1. Company:

Location of Project:

Contract Amount:

Contract Period of Performance:

Company Representative:

Representative’s Title:

Representative’s Address:

Representative’s Phone #:

Representative’s E-mail:

Brief Description of service/goods provided and how your firm was successful carrying out the scope of work of the contract.

2. Company:

Location of Project:

Contract Amount:

Contract Period of Performance:

Company Representative:

Representative’s Title:

Representative’s Address:

Representative’s Phone #:

Representative’s E-mail:

Brief Description of service/goods provided and how your firm was successful carrying out the scope of work of the contract.

3. Company:

Location of Project:

Contract Amount:

Contract Period of Performance:

Company Representative:

Representative’s Title:

Representative’s Address:

Representative’s Phone #:

Representative’s E-mail:

Brief Description of service/goods provided and how your firm was successful carrying out the scope of work of the contract.

12. SIMILAR PROJECTS CURRENTLY UNDER CONTRACT

list three projects currently under contract and in progress (local or state-wide) from the last five (5) years. Include the location of the project, size of project (contract amount), contract name and information. NOTE: Detailed information on these projects may also be requested in the solicitation package

Indicate here if this information is provided within your proposal and Identify where in the proposal it is located.

1. Company:

Location of Project:

Contract Amount:

Contract Period of Performance:

Company Representative:

Representative’s Title:

Representative’s Address:

Representative’s Phone #:

Representative’s E-mail:

Brief Description of service/goods provided.

2. Company:

Location of Project:

Contract Amount:

Contract Period of Performance:

Company Representative:

Representative’s Title:

Representative’s Address:

Representative’s Phone #:

Representative’s E-mail:

Brief Description of service/goods provided.

3. Company:

Location of Project:

Contract Amount:

Contract Period of Performance:

Company Representative:

Representative’s Title:

Representative’s Address:

Representative’s Phone #:

Representative’s E-mail:

Brief Description of service/goods provided.

13. ADDITIONAL QUALIFICATION REQUIREMENTS

There are no additional qualification requirements for this solicitation.

There are additional qualification requirements as follows:

EXCEPTIONS

Please Indicate below if there are any exceptions taken to any of the terms, conditions, or specifications of these proposal documents or contract.

If there are exceptions taken to any of the terms, conditions, or specifications of the proposal document or contract, they must be clearly stated on an additional document attached to this exhibit and returned with your proposal.

NOTE: All potential Offerors are hereby advised that exceptions taken may be considered during the evaluation phase which may affect the final scoring of proposals. Offerors stipulating that the City must use their contract or agreement may be determined non-responsive and their Proposal determined unacceptable.

Please indicate below:

My Firm has no exceptions.

My Firm does have exceptions. (Attach Exceptions to this exhibit)

MINIMUM INSURANCE REQUIREMENTS

The following listed minimum insurance requirements shall be carried by all contractors and consultants unless otherwise specified in the City’s solicitation package, Special Provisions or Standard Specifications.

• Commercial General Liability for limits not less than $1,000,000 combined single limit with $2,000,000 aggregate for bodily injury and property damage for each occurrence.

Coverage shall include blanket contractual, broad form property damage, products and completed operations.

• Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $1,000,000.

• Automobile Liability covering any auto (including owned, hired, and non-owned autos) with a minimum of $1,000,000 each accident combined single limit.

• Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts with limits of not less than $2,000,000 per occurrence and in the aggregate.

o In the event that any professional liability insurance required by this Contract is written on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Contract is completed o Policy shall contain a waiver of subrogation against the CITY.

• Pollution Legal Liability Insurance shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Policy limits shall be no less than $1,000,000 per loss with $2,000,000 aggregate coverage.

Except for workers’ compensation and employer’s liability insurance and Professional Liability, the City of Colorado Springs must be named as an additional insured. Certificates of Insurance must be submitted before commencing the work and provide 30 days’ notice prior to any cancellation, non-renewal, or material changes to policies required under the contract.

Name of Company

Signature Date

SIGNATURE PAGE

By signing below, the Offeror certifies that no person or firm other than the Offeror or as otherwise indicated has any interest whatsoever in this offer or any Contract that may be entered into as a result of this offer and that in all respects the offer is legal and firm, submitted in good faith without collusion or fraud.

The undersigned additionally declares that it has carefully examined the Bid/Proposal information and the complete Solicitation prior to submitting a Bid / Proposal. The Offeror’s signature will be considered the Offeror’s acknowledgement of understanding and ability to comply with all items in the solicitation.

The undersigned acknowledges and understands the terms, conditions, Specifications and all Requirements contained and/or referenced and are legally authorized by the Offeror to make the above statements or representations.

Signature

Name (Printed)

Company Name

Title

Date

EXHIBIT C – SAMPLE CONTRACT

C: C-XXXXX 1

CONSTRUCTION CONTRACT

Contract Number:

Project Name/Title

Vendor/Contractor

Contact Name: Telephone:

Email Address:

Address:

Federal Tax ID # Please check one:

Corporation Individual Partnership

City Contracting Specialist

City Dept Rep

NOT TO EXCEED

Contract Amount:

City Account

Contract Type:

Period of Performance:

1. INTRODUCTION

THIS TYPE CONTRACT (“Contract”) is made and entered into this ___ day of ___________, 20xx by and between the City of Colorado Springs, a Colorado municipal corporation and home rule city, in the County of El Paso, State of Colorado, (the "City"), and ________________________ (the "Contractor").

THE CITY AND THE CONTRACTOR HEREBY AGREE AS FOLLOWS:

The City has heretofore prepared the necessary Contract Documents for the following Activity:

XXXXXXXX.

The Contractor did on the ____ day of ________, 20xx submit to the City the Contractor's written offer and proposal to do the work therein described under the terms and conditions therein set forth and furnish all materials, supplies, labor, services, transportation, tools, equipment, and parts for said work in strict conformity with the accompanying Contract Documents, which are attached hereto and incorporated herein by this reference, including the following:

1. This Contract

2. Appendix A – Additional Terms and Conditions

3. Appendix B – Contractor’s Proposal,

4. Appendix C – Statement of Work.

5. Schedule A – Proposal Price Sheet

6. Schedule B – General Construction Terms and Conditions

7. Schedule C – Special Construction Terms and Conditions

8. Schedule D – General Specifications

9. Schedule E – Special Specifications

10. Schedule F – Minimum Insurance Requirements

11. Exhibit 1 – Performance, Labor and Material Payment, and Maintenance Bonds

C: C-XXXXX 2

12. Exhibit 2 – Notification of Utilities

13. Exhibit 3 – Project Schedule

2. COMPENSATION/CONSIDERATION

If FFP:

THIS FIRM FIXED PRICE CONTRACT is established at firm fixed amount of $xxxxxxxx.

Subject to the terms and conditions of the Contract Documents, Contractor shall provide all materials, supplies, labor, services, transportation, tools, equipment, and parts to perform ______________ services for the City of Colorado Springs in a good and workmanlike manner to the satisfaction of the City for the total contract amount designated above and in the Notice of Award, to be paid by the City to the Contractor.

If FUP:

THIS FIXED UNIT PRICE CONTRACT is established at the Not to Exceed amount of $xxxxxxxx.

Subject to the terms and conditions of the Contract Documents, Contractor agrees to furnish all materials and to perform all work as set forth in its proposal and as required by the Contract Documents.

All pricing is in accordance with the fixed unit prices found in Schedule A, as proposed by the Contractor. Payment made for actual quantities as set forth in Schedule B, General Construction Terms and Conditions. At no time shall the total obligation of the City exceed the not to exceed amount of this Contract.

3. TERM OF CONTRACT

Contractor will start work promptly after the Notice to Proceed and continue to work diligently until completed. The Contractor shall complete all work on an as ordered basis throughout the Contract period which is _____ Calendar Days after the Notice-to-Proceed (“Period of Performance”) as per the specifications and drawings. The Contractor shall provide a two-year guarantee on all work performed under this Contract after the job has been completed and accepted.

4. INSURANCE

The Contractor shall provide and maintain acceptable Insurance Policy(s) consistent with the Minimum Insurance Requirements attached as Schedule F, which includes Property, Liability, and as otherwise listed in Schedule F. The City of Colorado Springs shall be reflected as an additional insured on the Property and Liability policy(s).

Further, Contractor understands and agrees that Contractor shall have no right of coverage under any existing or future City comprehensive, self, or personal injury policies. Contractor shall provide insurance coverage for and on behalf of Contract that will sufficiently protect Contractor, or Contractor's agents, employees, servants or other personnel, in connection with the services which are to be provided by Contractor pursuant to this Contract, including protection from claims for bodily injury, death, property damage, and lost income. Contractor shall provide worker's compensation insurance coverage for Contractor and all Contractor personnel. Contractor shall

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file applicable insurance certificates with the City and shall also provide additional insurance as indicated in this Contract. A CURRENT CERTIFICATE OF INSURANCE IS REQUIRED PRIOR

TO COMMENCEMENT OF SERVICES LISTING THE CITY AS ADDITIONALLY INSURED.

5. RESPONSIBILITY OF THE CONTRACTOR

A. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all Scope of Work services furnished by the Contractor under this Contract.

The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in services provided under this Contract to the satisfaction of the City.

B. The City's review, approval of, acceptance of, or payment for the services required under this Contract shall not be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to the City for any and all damages to the City caused by the Contractor's negligent performance of any of the services furnished under this Contract.

C. The rights and remedies of the City provided for under this Contract are in addition to any other rights and remedies provided by law.

D. If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

6. WORK OVERSIGHT

A. The extent and character of the work to be done by the Contractor shall be subject to the general approval of the City’s delegated Project Manager.

B. If any of the work or services being performed does not conform with Contract requirements, the City may require the Contractor to perform the work or services again in conformity with Contract requirements, at no increase in Contract amount. When defects in work or services cannot be corrected by re-performance, the City may (1) require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements and

(2) reduce the Contract price to reflect the reduced value of the work or services performed.

C. If the Contractor fails to promptly perform the defective work or services again or to take the necessary action to ensure future performance is in conformity with Contract requirements, the City may (1) by Contract or otherwise, perform the services and charge to the Contractor any cost incurred by the City that is directly related to the performance of such work or service or (2) terminate the Contract for breach of contract.

7. SUBCONTRACTORS, ASSOCIATES, AND OTHER CONTRACTORS

A. Any subcontractor, outside associates, or other contractors used by the Contractor in connection with Contractor's work under this Contract shall be limited to individuals or firms that are specifically identified by the Contractor in the Contractor's proposal and agreed to by the City. The Contractor shall obtain the City’s Project Manager’s written consent before making any substitution of these subcontractors, associates, or other contractors.

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B. The Contractor shall include a flow down clause in all of its subcontracts, agreements with outside associates, and agreements with other contractors. The flow down clause shall cause all of the terms and conditions of this Contract, including all of the applicable parts of the Contract Documents, to be incorporated into all subcontracts, agreements with outside associates, and agreements with other contractors. The flow down clause shall provide clearly that there is no privity of contract between the City and the Contractor's subcontractors, outside associates, and other contractors.

8. KEY PERSONNEL

The key personnel listed in the proposal and/or below will be the individuals used in the performance of the work. If any of the listed key personnel leave employment or are otherwise not utilized in the performance of the work, approval to substitute must be obtained by the Contractor from the City’s Project Manager. Any substitute shall have the same or a higher standard of qualifications that the key personnel possessed at the time of Contract award.

9. START AND CONTINUANCE OF WORK

It is further agreed that the Contractor will start work promptly and continue to work diligently until this Contract is completed.

10. APPROPRIATION OF FUNDS

This Contract is expressly made subject to the limitations of the Colorado Constitution and Section 7-60 of the Charter of the City of Colorado Springs. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City Council of Colorado Springs, contrary to Article X, § 20, Colo. Const., or any other constitutional, statutory, or charter debt limitation. Notwithstanding any other provision of this Contract, with respect to any financial obligation of the City which may arise under this Agreement in any fiscal year after the year of execution, in the event the budget or other means of appropriation for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure (i) shall act to terminate this Contract at such time as the then-existing and available appropriations are depleted, and (ii) neither such failure nor termination shall constitute a default or breach of this Contract, including any sub-agreement, attachment, schedule, or exhibit thereto, by the City. As used herein, the term “appropriation” shall mean and include the due adoption of an appropriation ordinance and budget and the approval of a Budget Detail Report (Resource Allocations) which contains an allocation of sufficient funds for the performance of fiscal obligations arising under this Contract.

11. CHANGES

The Contractor and the City agree and acknowledge as a part of this Contract that no change order or other form or order or directive may be issued by the City which requires additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for this Contract as listed above, unless the Contractor has been given a written assurance by the City that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy-granting provision of this Contract. The Contractor and the City further agree and acknowledge as a part of this Contract that no change order or other form or order or directive which requires additional compensable work to be performed under this Contract shall be issued by the City

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unless funds are available to pay such additional costs, and, regardless of any remedy-granting provision included within this Contract, the Contractor shall not be entitled to any additional compensation for any change which increases or decreases the Contract completion date, or for any additional compensable work performed under this Contract, and expressly waives any rights to additional compensation, whether by law or equity, unless, prior to commencing the additional work, the Contractor is given a written change order describing the change in Contract completion date or the additional compensable work to be performed, and setting forth the amount of compensation to be paid, and such change order is signed by the authorized City representative, as defined below. The amount of compensation to be paid, if any, shall be deemed to cover any and all additional, direct, indirect or other cost or expense or profit of the Contractor whatsoever.

It is the Contractor's sole responsibility to know, determine, and ascertain the authority of the City representative signing any change order under this Contract.

No change, amendment, or modification to this Contract shall be valid unless duly approved and issued in writing by the City of Colorado Springs Procurement Services Division. The City shall not be liable for any costs incurred by the Contractor resulting from work performed for changes not issued in writing by the City of Colorado Springs Procurement Services Division.

The following personnel are authorized to sign changes, amendments, or modifications to this Contract.

The Department Manager: up to $149,999.99 The City of Colorado Springs Deputy Chief of Staff: $150,000.00 to $499,999.99 The City of Colorado Springs Chief of Staff: $500,000.00 to $1,999,999.99 The Mayor of Colorado Springs: Unlimited

12. ECONOMIC PRICE ADJUSTMENT

A. The Contractor shall notify the City of Colorado Springs Procurement Services Division if, at any time during contract performance, the rate of pay for labor or the unit prices for material shown in Schedule A experiences a significant increase. A change in price shall be considered significant when the unit price of an item increases by 10% from the execution date of this Contract. The Contractor shall furnish notice of this increase within 60 days after the increase, or within any additional period that the City Procurement Services Division may approve in writing, but not later than the date of final payment under this Contract. The notice shall include the Contractor’s proposal for an adjustment in the Contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the City Procurement Services Division, supporting data explaining the cause, effective date, and amount of the increase and the amount of the Contractor’s adjustment proposal.

B. Promptly after the City Procurement Services Division receives the notice and data under paragraph (a) of this clause, the City Procurement Services Division and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the City Procurement Services Division may postpone the negotiations until an accumulation of increases in the labor rates (including fringe benefits) and unit prices of material shown in Schedule A results in an adjustment allowable under paragraph (c)(3) of this clause. The City Procurement Services Division shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in Schedule A to reflect the increases resulting from the adjustment. The

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Contractor shall continue performance at current rates pending agreement on, or determination of, any adjustment and its effective date.

C. Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in Schedule A. There shall be no adjustment for:

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in Schedule A; or

(iii) Changes in the quantities of labor or material used from those shown in

Schedule A for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price.

13. ASSIGNMENT

No assignment or transfer by the Contractor of this Contract or any part thereof or of the funds to be received thereunder by the Contractor will be recognized unless such assignment has had the prior written approval of the City and the surety has been given due notice of such assignment.

Such written approval by the City shall not relieve the Contractor of the obligations under the terms of this Contract.