englewood RFP-26-027_final_including attachments.pdf

REQUEST FOR PROPOSAL #26-027

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REQUEST FOR PROPOSALS

CITY OF ENGLEWOOD

OXFORD & FOX PEDESTRIAN SIGNAL

FOR

THE CITY OF ENGLEWOOD, COLORADO

RFP NO: 26-027

RFP ISSUANCE DATE: August 4, 2026

PROPOSAL DUE DATE: September 1, 2026

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Statement of Purpose The City of Englewood Public Works Department (“the City” or “City”) is seeking competitive proposals to construct two High-Intensity Activated Crosswalk (“HAWK”) signals across Oxford Avenue at Fox Street on the eastern crosswalk. This work includes asphalt paving, striping, sign adjustments, traffic control, erosion control, curb ramp construction, and concrete restoration.

Considerations This City invites qualified Contractors to submit a Proposal for Oxford and Fox Pedestrian Signal.

Proposals will be reviewed and evaluated using a competitive, best-value selection process described below. Proposals shall be considered from Contractors who are firmly established in the appropriate business. Contractors shall be financially sound and have the resources and ability to perform the required services in a professional and safe manner in accordance with industry standards.

Proposals in response to this Solicitation must be submitted prior to 2:00 PM MDT, September 1, 2026. Sealed proposals (electronic submissions only) will be received and accepted online via the City of Englewood’s Online Procurement System (https://www.englewoodco.gov/government/city-departments/finance/solicitation-opportunities-awards).

Solicitation Process

Proposals will be evaluated and scored based on the criteria provided in this RFP. The City will consider the approach to complete the scope of work, qualifications of the project team, experience in similar work, and value of the proposed fee to complete the work.

The City may conduct interviews with short-listed Contractors.

Negotiations may be held with the Contractor ranked the highest by the evaluation committee based on proposal, fee, and interview (if needed). The City and the top-ranked Contractor may negotiate the details of the final contract, and City Council approval of the award may be requested. Upon Council approval, the contract will be signed, a PO set up, Notice to Proceed issued and work may begin. Should the City be unable to reach an agreement with the top-ranked Contractor, negotiations may commence with the next-ranked Contractor. This process will continue until a satisfactory contract is negotiated, or the City exercises its right to reject all proposals.

City Communications

No oral communications from the Project Manager or any other individual representing or purporting to represent the City are binding. Contractors are restricted from any and all contact with City staff and any public official of these organizations, other than the

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Procurement Division, regarding the project during the procurement process. A violation of this provision may result in disqualification of Contractor.

Questions Questions will be accepted until August 18, 2026 @ 2:00pm. Once the question period expires, the addendum will be posted on the City’s online Strategic Sourcing platform. All questions during the procurement period must be directed in writing on the City’s Strategic Sourcing Platform or to:

Elizabeth Watts Procurement Specialist Finance Department City of Englewood 1000 Englewood Parkway Englewood, CO 80110 303-762-2412 ewatts@englewoodco.gov

RFP Organization This RFP consists of the following:

• Section 1 – Project Overview, Background, and Goals

• Section 2 – Project Schedule and Milestones

• Section 3 – Scope of Work

• Section 4 – Proposal Submittal Requirements

• Section 5 – Proposal Evaluation and Selection

• Section 6 – Conditions for Contractors

• Attachment A – Sample Contract for Construction

• Attachment B – Project Plans

• Attachment C – Specifications

• Attachment D – City General Terms & Conditions

• Attachment E – Bid Schedule

Section 1 – Project Overview, Background, and Goals

1.1 Project Background

The City is planning safety enhancements at Fox St. and Oxford Ave. by installing a new pedestrian crossing signal.

1.2 Project Overview

The City of Englewood seeks to hire a qualified and competent Contractor to provide all labor, materials, traffic control, and equipment necessary for Oxford and Fox Pedestrian

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Signal as detailed in the attached drawings and specification included as part of this Request for Proposals.

1.3 Project Goals

The goals of this project are:

• Construct the new signal in accordance with all applicable standards and requirements.

• Maintain a clean and safe working environment.

Section 2 – Solicitation Schedule These milestones represent the anticipated schedule for resource planning purposes and are subject to change.

Request for Proposals posted August 4, 2026 Deadline for written questions August 18, 2026 @ 2:00 pm Proposal and fee submission due date September 1, 2026 @ 2:00 pm Anticipated Intent to Award September 2026 Anticipated Council Approval September/October 2026 Anticipated Notice to Proceed October 2026

Section 3 – Scope of Work Scope of Services The successful contractor shall furnish all labor, materials, equipment, and supervision necessary to construct the Oxford and Fox Pedestrian Signal in accordance with the City’s contract documents, plans, specifications, and applicable codes.

The contractor shall be responsible for project coordination, scheduling, subcontractor management, site safety, quality control, and compliance with all local, state, and federal regulations.

The contractor shall coordinate closely with City staff and the project design team;

maintain continuous operation of facilities where required; minimize disruptions to public use; and deliver the project within the established schedule and budget. The contractor shall also be responsible for obtaining required permits, inspections, and approvals, and for providing warranty and closeout documentation upon project completion.

Contractor shall provide a timeline for completion given the anticipated Notice to Proceed timeline.

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Bond Information

There is a 5% bid bond required for this project.

Each Bid shall be accompanied by an appropriate guarantee in the form of a Bid Bond, Certified Check or Cashier’s Check made payable to the City of Englewood in an amount of not less than 5% of the bid amount.

The awarded Contractor will be required to have ready and furnish a “Performance, Payment and Maintenance Bond” in the amount of 100% (to be provided to the awarded Contractor during the contracting process) executed by a surety company acceptable to the City of Englewood within 10 days of Notice of Award.

Construction Use Tax & Arapahoe County Open Space Tax

City of Englewood Construction Use Tax and Arapahoe County Open Space Use Tax

Contractors and subcontractors who “build, construct or improve any building, dwelling or other structure or improvements to realty whatsoever” (Englewood Municipal Code) within the city are required to pay City of Englewood use tax and Arapahoe County Open Space use tax on any construction materials built into, incorporated or used on such projects, including building, constructing, or improving public infrastructure such as roads, sidewalks and government-owned buildings and facilities. City construction use tax and Arapahoe County Open Space use tax is collected on permits for construction materials that become part of such improvements to realty. Construction materials can be purchased exempt from city and county sales tax by providing a copy of the city building permit to suppliers. Subcontractors on projects should purchase construction materials in the same manner.

Contractors who apply for city permits are required to pay city use tax of 3.8% and county open space use tax of .25% on 50% of the contract value/price for improvements to structures, and on 40% of the contract value/price of improvements other than to structures (roads, sidewalks, right-of-way improvements, for example).

Materials and supplies other than construction materials are subject to both state-collected and locally-collected retail sales taxes in effect at the place of purchase.

Examples include temporary fencing, tools, equipment purchased or rented for the project, cleaning and crew supplies and any other items that would normally be subject to regular retail sales taxes and used consumed/used by contractors and subcontractors.

Materials and supplies other than construction materials cannot be purchased exempt with a city-issued building permit.

Contractors and sub-contractors may be exempt from state-collected taxes (for example, State and RTD tax) when the material becomes part of the structure for a tax-exempt entity. The contractor must obtain an exemption certificate from the Department of Revenue to purchase the materials exempt from state-collected sales and use taxes. See

Page | 6 https://tax.colorado.gov/sites/tax/files/documents/DR0172_2022.pdf for more detail.

Important Note: The tax-exempt status of a contractor’s customer – including the City of Englewood – does not flow through to contractors and subcontractors with respect to the payment of city and county use tax on construction materials. Contractors and subcontractors are the end-users and consumers of construction materials, and the Englewood Municipal Code clarifies that construction materials are subject to city and county use tax at the time city building permits are issued, regardless of the tax-exempt status of contractors’ customers.

Contractors and sub-contractors are required to keep records sufficient to verify that the correct amount of City use tax and Arapahoe County Open Space use tax was paid on construction materials used and consumed on permitted projects in the City. Records for permitted projects are required to be maintained for three years after the issue date of the Certificate of Occupancy and shall be made available to the City of Englewood for examination upon request.

See Englewood Municipal Code – Sections 4-4-2; 4-4-4-3; 4-4-5-1; 4-4-5-2; 4-4-5-3.

Liquidated Damages: See Article 4.13 of the General Terms and Conditions.

Supplemental Services

The City has, to the best of its knowledge, defined the scope and tasks to complete the work. The Contractor may propose, at its discretion, additional services beyond those listed in this RFP which it feels are necessary to complete the work or add value to the project. Those additional services shall be included in the scope and fee as a stand-alone task under “Supplemental Services.” The City Project Manager must approve Supplemental Services before performing the work.

Contract Renewal The initial contract term will be for one year from the date of execution. The City reserves the option to renew to complete the renovations. Renewal shall be exercised at the sole discretion of the City.

Section 4 – Proposal Submittal Requirements

4.1 Submittal Place and Deadline

The response must be received before the due date and time as specified in this RFP. It is the responsibility of the Contractor to ensure that electronic submittals are received prior to the closing time specified. Proposals received after the date and time set for the opening shall be considered non-responsive and returned un-opened to the proposer.

Electronic submissions will only be accepted online the City of Englewood’s Online Procurement System, https://www.englewoodco.gov/government/city-departments/finance/solicitation-opportunities-awards

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Questions or technical difficulties should be directed to the websites’ Supplier Support Team support.ionwave@eunasolutions.com.

Submittals will be accepted until 2:00 PM on September 1, 2026.

The City of Englewood utilizes an Online Procurement System for all electronic solicitation submittals. It is the Contractor’s responsibility to ensure the submittal process is started with enough time to meet the 2:00pm deadline; for example: do not start the upload and submittal process at 1:50 pm with the expectation that your submittal will be received by the City prior to the 2:00pm deadline. If the Contractor experiences any problems, has questions or technical difficulties, PLEASE contact the Supplier Support Team, support.ionwave@eunasolutions.com. If the Supplier Support Team is unable to resolve the problem, contact the procurement agent (contact information in Introduction) by 1:45pm for a submittal resolution.

Proposals may be amended or withdrawn only by written notice prior to the Proposal opening. Amendments or withdrawals received after the Proposal opening will not be effective, and the original Proposal submitted will be considered. The Contractor agrees that its Proposal will not be withdrawn within ninety (90) calendar days following opening of the Proposals, and that during such time its Proposal will remain Contractor and irrevocable. The City reserves the right to reject any or all Proposals and to waive any technical defects in Proposals.

The City reserves the right to request clarification of information submitted and to request additional information of one or more Contractor after the Proposal Submission Due Date.

4.2 Submittal Format

Proposal submittals shall be clear, accurate, comprehensive, and provide specific and succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the proposer. Generic marketing material is discouraged. Excessive or irrelevant material will not be favorably received.

The Proposal must not exceed 10 total pages (8½ × 11 inch with 1-inch or greater margins; each double-sided counts as two pages), excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, draft agreement acknowledgement form, and appendices.

A font similar in size to or larger than Calibri eleven-point (11-pt) shall be used.

4.3 Submittal Content

The content requirements set forth in this RFP represent the minimum content requirements for the Proposal. Additional information may be provided at Contractor’s discretion and within the available page count.

The Proposal must include, at a minimum, the following information:

• Transmittal Letter

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• Company Information

• Part 1 – Experience and Technical Capability

• Part 2 – Project/Scope Understanding, Approach, and Implementation Schedule.

• Part 3 – Draft Agreement Review, if submitting redlines

• Bid Schedule (submitted in City’s Online Procurement System)

Transmittal Letter

Include a transmittal letter signed by an authorized representative of the Contractor who can commit the Contractor to the obligations required in the Draft Agreement. Place the transmittal letter on the Contractor’s letterhead and include the name, address, phone number, and e-mail address for the Contractor contact person. Specify who would be the Contractor’s signatory to any contract documents executed with the City. Include other information deemed relevant by the Contractor.

Proposals must be signed by an authorized corporate officer, principal, or partner (as applicable) with a signature in full. Contractors who are nonresident corporations of the State of Colorado shall furnish to the City a duly certified copy of their Articles of Incorporation from the State of Colorado Secretary of State Office along with the Proposal. Failure to promptly submit this evidence or qualification to do business in the State of Colorado may be basis for rejection of the Proposal.

The transmittal letter shall be limited to two (2) 8½ x 11-inch pages.

Part 1 – Contractor Experience and Technical Capability

Provide a description of the Contractor’s qualifications, experience, and technical capability. This shall include, at a minimum, the following elements:

• Provide a general description of the Contractor.

o Overview & brief history of company.

o Number of years in business o Number of employees o Corporate headquarters location o Location of local office

• Describe the Proposer’s overall project team organization and specify the main point of contact.

• List qualifications of key team members and the role of each individual, provide resumes for each.

• Identify any special knowledge or skills that may be related or helpful to the services requested herein.

• Identify all Sub-Contractors and describe their roles, and responsibilities. Identify the Sub-Contractors’ key personnel.

• Previous experience with construction of traffic signals, including but not limited to other municipalities of similar size and scope

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Note: The identification and utilization of specific key personnel through the life of a project are important factors in the City's consideration and selection of a Contractor. Any changes in identified key personnel after the award of the Agreement must be approved by the City in writing before the change is made.

Contractor Experience: Contractor experience refers to the demonstrated qualifications, expertise, and past performance of the Contractor in providing general contractor services.

Provide detailed information on the three (3) most applicable projects that have been substantially completed by the Contractors’ team members. Details shall include the following:

• Project title and contract number.

• Contractor and key personnel’s role in project.

• Owner contact information including phone number.

• Period of performance (contract start and end dates).

• Contract value.

• Summary of work performed.

• Project performance (including change order history, schedule adherence, and budget adherence).

• Describe any major issues or challenges presented on the project(s) and how they were resolved.

Note: Information demonstrating how the Contractor team’s key personnel have collaborated, performed, and resolved issues together on previous projects are important factors in the City's consideration and selection of a Contractor.

Key Personnel Experience: Describe specific relevant experience of each proposed key personnel providing similar details for projects as requested in Contractor Experience.

Licensing Requirements: Demonstrate the appropriate licenses to complete the scope of work for both the City of Englewood and the State of Colorado. Licenses will be in the Contractor’s name as it appears on the Proposal. Supply copies of appropriate licenses showing the qualifying agent and expiration dates, as part of their Proposal. Failure to hold and provide proof of proper licensing, certification, and registration may be grounds for rejection of the Proposal.

Reference Requirements: The City may contact the referenced individual(s) identified by the Contractors. The contact person(s) listed as a reference shall be someone who has personal knowledge of the Contractor’s performance during the referenced project.

More than one person can be listed, but all must have knowledge of the project.

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Part 2 – Project/Scope Understanding, Approach, and Anticipated Schedule

Provide a description of the Contractor’s approach to managing and delivering the scope of services contained in this RFP, and any additional issues and proposed strategies for meeting the City’s needs for the project based on Contractor’s understanding of the work, including:

• Describe the construction approach, specifically how the design and construction processes will interface, including how constructability issues and risks will be addressed.

• Identify and describe the key project risks and the approach for mitigation.

• Provide the construction milestone schedule and identify key sequencing events

• Describe the communication approach and tools that will be utilized to ensure the timely delivery of high-quality services and coordination among the Contractor, City, Design Consultant, and other Project stakeholders.

• Describe the process for adhering to the contract during the construction phase.

• Describe the quality control/quality assurance approach.

Provide a proposed schedule/timeline and detailed project plan to complete the work.

Part 3 – Draft Agreement Review

The Contractor understands that neither this RFP nor the Proposal shall constitute a contract with the City. No contract is binding or official until Proposals are reviewed and accepted by appointed City staff; approved through the appropriate levels of authority within the City; and an official contract is duly executed by the City.

Attachment A (Draft Agreement) of this RFP contains the proposed Contract for Construction for the Project. Proposers shall review this draft document and provide comments regarding any aspect of such document about which it has any concern, including terms that it considers ambiguous or which it believes should be modified. Such comments shall be submitted with the Proposal. The City will review all comments received and, if it deems appropriate, in its sole discretion, may modify such document.

The Draft Agreement included in the RFP is the form upon which Contractors shall base their Proposal. The comments submitted on the draft agreement will not be counted in the total page count specified above.

Price Proposal

Price proposals must be submitted via the City’s Strategic Sourcing Platform per the Bid Schedule.

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Appendix A – Key Personnel Resumes

Provide key personnel resumes for project team. Appendix A does not count toward overall page count but is limited to resumes only.

Section 5 – Proposal Evaluation and Selection

5.1 General

The Proposals will be reviewed and evaluated by the City’s Selection Committee according to the requirements and criteria outlined herein. During the Proposal evaluation process, written questions or requests for clarification may be submitted to one or more Contractors regarding its Proposal or related matters.

In addition, the City may require all or a limited number of Contractors to participate in virtual or in-person interviews.

5.2 Selection Process Overview

For the purpose of selecting the most qualified Contractor, the City will use a competitive selection process as set forth in pertinent City and State procurement requirements. The procedure will involve the following steps:

a. The City will advertise the RFP Invitations on the City’s strategic sourcing platform.

b. Responsiveness and minimum qualifications will be checked.

c. The City’s Selection Committee will review, rank, and may short-list Proposals which meet responsiveness and minimum qualification requirements.

d. Interviews with each of the shortlisted Contractors to clarify their Proposals may be conducted. This decision is at the sole discretion of the City. Interviews will provide short-listed Contractors the opportunity to present their project team and approach to City staff and will include a question-and-answer session.

e. The City’s Selection Committee will then rank each Proposal, Price Proposal, and Interview (if applicable) to prepare a recommendation for approval. Upon authorization, the Project Manager shall negotiate a contract with the selected Contractor. Should the Project Manager be unable to negotiate a satisfactory contract with the Contractor considered to be most qualified, the Project Manager, or designee, shall terminate such negotiations with that Contractor and begin negotiations with the next most qualified Contractor and so on until negotiations are successful.

f. The City reserves the right to modify or reject any contract for the acquisition of goods and/or services submitted to it for consideration.

5.3 Responsiveness

Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the City may waive any such failure to

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5.4 Evaluation Criteria

The Selection Committee will evaluate and rank the Proposals that satisfy the minimum qualification requirements identified in this section by applying scores to each Proposal part, as set forth in the table below.

Table 2: Proposal Evaluation Scoring

Proposal Part Scoring

Project Understanding and Management Approach

• Does Proposal address all elements of RFP?

• Does Proposal demonstrate understanding of the project objectives, methodology to be used, desired results/outcomes of the project?

• Is the proposed timeline reasonable?

Project Team Experience and Technical Capability

• Do the individuals assigned to the project team have the necessary skills and experience?

• Are sufficient individuals of the requisite skills and qualifications assigned to the project?

• Are the individuals assigned to the project team available?

• Has it been demonstrated that the work be completed in the targeted timeframe?

• Does the Contractor demonstrate the necessary resources, financial strength, and support capabilities to successfully complete the project?

• Has the Contractor successfully completed previous projects of this type and scope?

• Does the Contractor have a strong safety record?

Price Proposal

• Does Proposal include cost-breakdown of each task line item and cost element?

• Are the proposed cost and work hours appropriate to the scope of work provided?

• Are the work hours reasonable for the effort required for line item and overall project scope?

• Has Contractor demonstrated value in the cost and scope proposed?

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Total possible points 100

Section 6 – Conditions for Contractors

6.1 Standard Contract

Contractors shall identify any issues they have with the Contract for Construction Agreement standard contract within this RFP. Contractors shall note that from time to time the City will be updating and changing the contracts, and the standard contract attached to a future solicitation will be the basis for that project, not the one contained within this RFP. The identification of willingness to enter into the standard contract is for general purposes at this time but is part of the evaluation process and must be included.

There may be negotiations on a project-by-project basis which provides further clarification. Please note the RFP asks the Contractors to provide comments on the standard contract and indicate their willingness to use the standard contract. The City is not suggesting entering into an agreement with any Contractor using this contract at the time of RFP submittal, and the City will not provide a response to the Contractors comments provided.

All changes to the contract must be submitted at this time. Any changes after the City award of the contract are grounds for rescinding said award. The Contractor shall identify any issues they have with the standard contract within the RFP.

The following are some general clarifications that may be applied when negotiations with a selected Contractor occurs on a future project:

A. Definition of Terms: There may be further clarification as needed on a specific project, for specific contract terms.

B. Time of Completion: Each project will have a specific completion date, and some projects may be more flexible than others. The completion date will be identified by the City and will be negotiated on a project-by-project basis and included in the exhibit portion of the contract.

C. Use of sub-Contractors: The City fully expects that many project categories will require a prime Contractor and sub-Contractors as members of the project team.

The City may consider a modification to contract language that affects sub- Contractor use.

D. Public property: All project information and materials are public information and may be used at public meetings, or by the public when and if requested.

E. Insurance: Minimum values listed are statutory. The City requires being listed on the general liability policy as an additional insured. Copies of insurance certificates are not needed as part of the RFP.

F. Purchase of other items not listed on this solicitation based on percentage discounts: While the City has listed all major items on the solicitation which are utilized by the City and/or departments in conjunction with their operations, there may be ancillary items that must be purchased by the City during the term of this

Page | 15 contract. For this reason, Contractors are requested to quote a percentage discount from the Contractor's price list that will be offered to the City for items which do not appear in this solicitation. The City reserves the right to award these ancillary items to the successful Contractor or another Contractor based on the lowest actual price offered.

6.2 Conflict of Interest

The Contractor must disclose with the Proposal, the name of any officer, director, partner, associate, or agent, who is also an officer or employee of the City.

6.3 Rights of the City

In connection with this procurement process, including the receipt and evaluation of Proposals and award of the Agreement, City reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to:

• Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to the execution of the Agreement, without incurring any obligations or liabilities.

• Modify the procurement schedule.

• Waive deficiencies, informalities and irregularities in a Proposal and accept and review a non-conforming Proposal.

• Suspend and terminate the procurement process or terminate evaluations of

Proposals received.

• Permit corrections to data submitted with any Proposal.

• Hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Contractors to seek an improved understanding of any information contained in a submitted Proposal.

• Seek or obtain, from any source, data that has the potential to improve the understanding and evaluation of the Proposals.

• Seek clarification from any Contractor to fully understand information provided in the Proposal and to help evaluate and rank the Contractors.

• Accept or reject any or all Proposals that it may in its sole discretion deem non-responsive, to waive technicalities, or to accept the Proposal that, in its sole judgment, is most advantageous and best serves the over-all interest of the City.

• Reject a Proposal containing exceptions, additions, qualifications, or conditions not called for in the RFP or otherwise not acceptable to the City.

• Conduct an independent investigation of any information, including prior experience, included in a Proposal by contacting project references, accessing public information, contacting independent parties, or any other means.

• Request additional information from a Contractor during the evaluation of its Proposal.

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6.4 Obligation to Keep Project Team Intact

Contractors are advised that all key personnel identified in their Proposals remain on the team for the duration of the procurement process and execution of the Project. If extraordinary circumstances require a change, it must be submitted in writing to the City, who shall have sole discretion to determine whether to authorize a change, recognizing that certain circumstances may occur that are beyond the Contractor’s control.

Unauthorized changes to the Project team at any time during the procurement process may result in penalties or termination.

6.5 Additional Conditions

Non-Collusion

By submitting a Proposal in response to the RFP, the Contractor represents that, should the Proposal be accepted, the resulting contract(s) would not violate any provisions of federal law or regulations, or any ordinances or regulations established by the City.

Anti-Discrimination

During the performance of the Contract, the Contractor agrees as follows:

• Comply with federal anti-discrimination laws.

• Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirement of this section.

Proposal Preparation Costs

By submittal of a Proposal, the Contractor agrees that all costs associated with the preparation of his/her Proposal and interview preparation/materials (if applicable) will be the sole responsibility of the Contractor. The Contractor also agrees that the City bears no responsibility for any costs associated with the preparation of the Proposal and/or any administrative or judicial proceedings resulting from the solicitation process.

Drug Free Workplace

The selected Contractor must provide a Drug Free Workplace in accordance with Colorado State law.

Occupational Safety and Health Act (OSHA)

In instances where such is applicable due to the nature of the matter with which this Proposal is concerned, all material, equipment, etc., as proposed and offered by

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Contractors must meet and conform to all OSHA requirements; the Contractor's signature upon the Proposal being by this reference considered a certification of such fact.

Patent Infringement, Etc.:

By submission of a Proposal the Contractor certifies that the services to be furnished will not infringe any valid patent, copyright, or trademark and the successful Contractor shall, at his/her own expense, defend any and all actions or suits charging such infringement and hold the City harmless in case of any such infringements.

6.6 Addenda

If any revisions or clarifications to the RFP or procurement process become necessary or desirable (at the City’s sole discretion), the City may issue written addenda.

SAMPLE

1000 Englewood Parkway, Englewood, Colorado 80110-2373

(303) 762-2300 www.englewoodgov.org

CFC#

CONTRACT # CFC - - -

THIS CONTRACT is, made and entered into this ___________________, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the “City”, and ________________ whose address is __________________________ hereinafter referred to as (“Contractor”).

(THIS CONTRACT IS NOT VALID UNTIL APPROVED, SIGNED, AND DATED ABOVE BY THE CITY.)

Commencing on the ____ day of ______, 20__, and continuing for at least ten (10) days thereafter the City advertised that sealed bids and proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following project:

PROJECT:

WHEREAS, proposals pursuant to said advertisement have been received by the City and have been certified by the Director of _________________ and forwarded to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore; and

WHEREAS, pursuant to said recommendation, the City Council has approved the Contract, and the Contract has been awarded to the above named Contractor, and said Contractor is now willing and able to perform all of the work in accordance with the advertisement, and attached bid and proposal.

NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows:

A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be incorporated into the ensuing terms and conditions and shall make up the Contract Documents:

i. Winning Bid and documents supporting the award of the Bid.

ii. Spread sheet of all Bids received and amounts bid for the above project.

iii. All Exhibits, Schedules, Attachments and Statements of Work necessary to outline the scope and time line of the project.

iv. General Conditions of Contract

v. Certificate of Insurance

All additional documents shall be clearly marked and delineated as an Exhibit.

Invitation to Bid and Supporting Documents Contract (this instrument) including: Exhibits, Schedules, Attachments and Statements of Work All Bid Response Documents Certificate of Insurance

B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to perform and complete all the work described, drawn, set forth, shown, and as set forth in the Attachment A – Statement of Work, and made a part of this Contract.

ATTACHMENT A

1000 Englewood Parkway, Englewood, Colorado 80110-2373

(303) 762-2300 www.englewoodgov.org

CFC#

C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of ___________.

D. Initial Term of Contract: The initial term of this contract shall be for one year. The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Attachment A - Statement of Work attached hereto, but at no time shall the contract be longer than a one year period.

In the event that the parties desire to extend the contract beyond the one year period, written notice shall be given to the City no later than thirty (30) days prior to the end of the contract by the Contractor.

If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Contract, including an amended Attachment A – Statement of Work, if necessary.

Any renewal of this contract is subject to approval by the Englewood City Council.

E. Indemnification: To the fullest extent permitted by law, Contractor hereby agrees to defend, indemnify, reimburse and hold harmless the City, its officers, elected and appointed officials, employees, agents, and volunteers (collectively, the “City Indemnitees”) from and against any and all claims, damages, losses, liabilities, demands, actions, suits, judgments, and expenses (including reasonable attorneys’ fees, expert fees, and costs) to the extent caused by, arising out of, or resulting from any act, error, omission, or negligence of the Contractor or of any subcontractor, supplier, or any of their respective officers, employees, or agents, in the performance of this Contract . This indemnity shall be interpreted in the broadest possible manner consistent with the applicable law to indemnify the City. This indemnification obligation shall not be construed to require the Contractor to indemnify, defend, or hold harmless the City Indemnitees for claims, damages, or losses to the extent caused by the negligence or wrongful acts of the City Indemnitees. Nothing in this Contract shall be deemed a waiver of any rights, immunities, limitations, or protections afforded to the City or its employees under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., or otherwise provided by law.

This obligation shall survive the termination or completion of this Contract.

F. Contractor's and Subcontractor's Insurance. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained.

i) Insurance Types and Amounts. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $3,000,000 per occurrence; Professional Liability Errors and Omissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per occurrence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, the type of project for which this contract has been awarded, and only with the approval of the City. Contractor shall also maintain workers’ compensation insurance as required by the Colorado Workers’ Compensation Act for all employees engaged in the performance of the work, and shall provide proof thereof to the City prior to commencing work.

G. Performance And Payment Bonds. In accordance with C.R.S. §38-26-105, the Contractor shall furnish a Performance Bond and a Labor and Material Payment Bond each in the full amount of the Contract Price. Bonds shall remain in effect for at least one year from final completion.

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CFC#

H. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become the City’s property. If the award is terminated by the City as provided herein, the Contractor will be paid for the materials and services provided up to the termination date, less payments of compensation previously made. If the award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause, below in subsection I, shall apply.

I. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award or any of the terms and conditions contained in this Contract, the City shall have the right to terminate the award by giving written notice, no less than thirty (30) days, to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the City, become its property, and the Contractor shall be entitled to receive compensation for any satisfactory actual work completed, documents prepared and completed, or materials furnished.

Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of a breach of the Contract by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined.

J. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor’s proposal attached and made a part hereof, the total cost thereof being __________________________________________________________________________Dollars.

($000,000.00).

A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. Final payment shall not be released until: (1) the City has issued written acceptance of the Work; and (2) the Contractor provides lien waivers or affidavits satisfactory to the City, confirming no outstanding claims or obligations related to the Work.

Contractor shall pay its subcontractors for satisfactory work no later than seven (7) days after receiving any corresponding payment from the City, as required by C.R.S. § 24-91-103(2). If Contractor fails to make such payments timely, Contractor shall pay interest to the subcontractor at the rate of 15% per annum (or any higher rate specified by contract) on the unpaid balance from the date due until paid.

Final payment (final settlement) shall be made in compliance with C.R.S. § 38-26-107. The City will publish a Notice of Final Settlement at least ten days prior to releasing final payment, to allow time for any unpaid claims to be filed. If any such claims are timely filed with the City (by persons having provided labor or materials but not paid), the City shall withhold funds in the amount of the claim(s) from final payment as required by law, and will not release those funds until the claims are resolved or withdrawn.

K. Appropriation of Funds: At present, $____________ has been appropriated for the project.

Notwithstanding anything else contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this

1000 Englewood Parkway, Englewood, Colorado 80110-2373

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Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement/Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination.

L. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents and Attachment A – Statement of Work, plus any extensions thereof that have been agreed to by the Parties. The Parties also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the City $___ (XXXXXXX) for each day that expires after the time specified for substantial completion until the Work is complete, and $___ (XXXXXXX) for each day that expires after the time specified for final completion of the Work.

M. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents.

N. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors.

O. State Statute: In accord with the Keep Jobs in Colorado Act, codified at sections 8-17-101, et seq., C.R.S., Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on this Project, provided however, that this paragraph shall not apply if the Project receives federal funding.

P. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of two (2) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of __________________ whose decision upon the matter shall be final and obligatory upon the Contractor.

Any warranty work associated with Federal or State funded projects shall be in compliance with 23 CFR

635.413. In the event of a conflict between 23 CFR 635.413 and warranty-related provisions of this Contract, 23 CFR 635.413 shall control.

Q. Governing Law: This Contract shall be governed by, construed and enforced under the laws of the State of Colorado, excluding statutes related to conflict of laws between different jurisdictions.

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R. Disclosure of Confidential Information: The City as an arm of the state is subject to the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event that a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract.

S. Attorney Fees: In the event that either party to this Contract shall commence any action against the other party arising out of or in connection with this Contract, or contesting the validity of the Contract or any provision of this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding.

T. Compliance with Immigration Reform And Control Act; Employment Eligibility Verification (Form I-9):

i) Compliance with federal law.