IFB-425053_4WDWalkingExcavator.pdf

INVITATION FOR BIDS

FOR

4WD Walking Excavator

IFB-425053

Issued October 7, 2025

Purchasing Contact:

Valerie Scott Purchasing & Contracts Manager

For:

City of Longmont Fleet Services Longmont, CO 80501

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INVITATION FOR BIDS (IFB)

#IFB-425053

Contact: Valerie Scott Email Address: valerie.scott@longmontcolorado.gov Telephone Number: 303-774-4887

Bids must be received in the Rocky Mountain E-Purchasing System no later than October 20, 2025, prior to 3:30 PM MT. Bids will be time-stamped by the Rocky Mountain E-Purchasing System upon receipt.

The City will only accept bids submitted in the Rocky Mountain E-Purchasing System and will not accept bids submitted by any other means. If you have questions or need assistance, contact Bidnet support at 800-835- 4603. After uploading bid documents, you must click the SUBMIT button. The City will not accept uploads that are “saved” but not “submitted”. To verify that your bid was submitted successfully, you may contact Bidnet Support or verify via the Bid Management tab in your account that the documents are not in “Draft” status.

A Public Bid Opening will be held on October 20, 2025 at 3:30 PM via Microsoft Teams:

Join the meeting now Meeting ID: 267 770 845 746 3 Passcode: zT3952Yq

Schedule of Events (subject to change) All times are local Colorado (MT) time

IFB Issued: ......................................................................... October 7, 2025 Inquiry Deadline: .............................................................. October 10, 2025, at 5:00 PM Final Addendum Issued: ................................................... October 15, 2025, at 5:00 PM Bid Due Date and Time and Public Opening: ................... October 21, 2025, at 3:30 PM

City of Longmont solicitation documents are available solely on the Rocky Mountain E-Purchasing System (“RMEPS” - www.bidnetdirect.com/city-of-longmont). Interested bidders are responsible for verifying receipt of all applicable documentation, including any associated addenda. The City of Longmont cannot guarantee accurate information if obtained from sources other than RMEPS.

The City of Longmont reserves the right to cancel this Invitation to Bid; reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received; when it is in the City's best interest to do so.

No bidder may withdraw a Bid for a period of 30 days after the date fixed for opening the Bids.

IT IS UNLAWFUL AND UNETHICAL FOR ANY PERSON TO OFFER, GIVE OR AGREE TO GIVE ANY CITY EMPLOYEE, CITY OFFICIAL OR FORMER CITY EMPLOYEE, OR FOR ANY CITY EMPLOYEE, CITY OFFICIAL OR FORMER CITY EMPLOYEE TO SOLICIT, DEMAND, ACCEPT OR AGREE TO ACCEPT FROM ANOTHER PERSON, A GRATUITY OR AN OFFER OF EMPLOYMENT IN CONNECTION WITH ANY DECISION, APPROVAL, DISAPPROVAL, RECOMMENDATION OR PREPARATION OF ANY PART OF A PROGRAM REQUIREMENT OR A PURCHASE REQUEST, INFLUENCING THE CONTENT OF ANY SPECIFICATION OR PROCUREMENT STANDARD, RENDERING OF ADVICE, INVESTIGATION, AUDITING OR IN ANY OTHER ADVISORY CAPACITY IN ANY PROCEEDING OR APPLICATION, REQUEST FOR RULING, https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MzYjQ3YzktZmY0Ni00OGE1LTljMTEtZGE5NDY2NGZiNDFh%40thread.v2/0?context=%7b%22Tid%22%3a%2226952f4d-266a-4031-ab07-8b4264ccec55%22%2c%22Oid%22%3a%2289075cbd-1529-43f3-8abf-b6eb9b4b9a25%22%7d http://www.bidnetdirect.com/city-of-longmont

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DETERMINATION, CLAIM OR CONTROVERSY, OR OTHER PARTICULAR MATTER, PERTAINING TO ANY PROGRAM REQUIREMENT OR A CONTRACT OR SUBCONTRACT, OR TO ANY SOLICITATION OR PROPOSAL THEREFORE.

IT IS UNLAWFUL AND UNETHICAL FOR ANY PAYMENT, GRATUITY OR OFFER OF EMPLOYMENT TO BE MADE BY OR ON BEHALF OF A SUBCONTRACTOR UNDER A CONTRACT TO THE PRIME CONTRACTOR OR HIGHER TIER SUBCONTRACTOR OF ANY PERSON ASSOCIATED THEREWITH, AS AN INDUCEMENT FOR THE AWARD OF A

SUBCONTRACT OR ORDER.

CITY OF LONGMONT

Valerie Scott Purchasing & Contracts Manager Purchasing and Contracts

NOTE: This form can be provided in alternative formats for disabled citizens. Contact Human Resources at 303-651-8609 for information.

ATTACHMENTS

Bidder Acknowledgement Purchase Order Terms and Conditions

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1 SPECIFICATIONS AND REQUIREMENTS

1.1 PRODUCT SPECIFICATIONS

The City of Longmont (“City”) requests fixed/firm bids for a 4 wheel-drive (4WD) walking excavator. Required specifications:

• 25,000 pounds

• 140 HP minimum

• Air conditioning

• Standard digging bucket

• Wide grade / channel bucket

• Tilt-rotator

• Priority line for mulcher

• Grapple for tilt-rotator

• Mulcher

• Bio hydraulic oil

1.2 ADDITIONAL REQUIREMENTS

1.2.1 Delivery Location

Delivery will be to the following location:

Fleet Services 1100 S. Sherman St. Building 2 Longmont, CO 80501

1.2.2 Incidentals

Bid shall include all parts, materials, equipment, forms, services, disposal fees, fuel surcharges, personnel, mileage, shipping, labor, permits, utilities, royalties, tools, traffic control, barricades, clean-up and any other fees or charges necessary for all of the scheduled service as detailed in the scope of services. Items not shown on the Specifications but which are necessary to complete the work will be considered a part of the Project whether specified or not.

1.2.3 Current Standards

All work and/or materials must meet current standards in force by recognized technical and professional societies including OSHA, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances.

1.2.4 Evaluation Process

Submitted bids will be evaluated based on the Total Cost detailed on the line items in Bidnet.

Additional line items, expenses, surcharges, and references will also be part of the evaluation.

Price is the determining factor for award.

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2 ADMINISTRATIVE INFORMATION

2.1 BID PROCESS SUBJECT TO PURCHASING CODE

1. Bidding shall be conducted subject to the Purchasing Code, Chapter 4.12 of the Longmont

Municipal Code, (LMC).

2. The City of Longmont Purchasing Code (L.M.C. 4.12.190) establishes a preference for doing business with local and small, local companies. The following applies to this Bid:

a. Local businesses will be provided a 5% preference for sums not exceeding $100,000. For sums exceeding $100,000, a 5% preference will be applied to the first $100,000 of the bid.

b. Small businesses will be provided a 2.5% preference in addition to the local business preference for sums not exceeding $100,000. For sums exceeding $100,000, the applicable preference will be applied to the first $100,000 of the bid.

3. Applicable definitions are as follows:

a. “Local” means an active business that has: (1) an unrevoked Longmont Sales and Use Tax

License, (2) a physical location with at least one employee operating legally within the Longmont city limits, and (3) is not delinquent in any payment or filing obligation related to City taxes.

b. “Small business” means a local business with 35 or fewer employees. In order to qualify as small, you must first qualify as local.

2.2 ISSUING OFFICE

The City’s Contact listed herein is to be the sole point of contact concerning this IFB. Bidders shall not directly contact other personnel regarding matters concerning this IFB or to arrange meetings related to such.

2.3 OFFICIAL MEANS OF COMMUNICATION

All official communication from the City to bidders will be via postings on an electronic solicitation notification system, Rocky Mountain E-Purchasing System (RMEPS), bidnetdirect.com/city-of-longmont. The Procurement Specialist will post notices that will include, but not be limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of award. It is incumbent upon bidders to carefully and regularly monitor the RMEPS for any such postings.

The City of Longmont does not guarantee accurate information obtained from sources other than RMEPS.

2.4 INQUIRIES

Prospective bidders may make written inquiries before the written inquiry deadline concerning this IFB to obtain clarification of requirements. The City will not accept inquiries after the deadline. Submit inquiries regarding this IFB via RMEPS.

The City will publish responses to bidders’ inquiries as an addendum on RMEPS in a timely manner. Bidders cannot rely on any other statements that clarify or alter any specification or other term or condition of the IFB.

Should any interested bidder, sales representative, or manufacturer find any part of the listed specifications, terms and conditions to be discrepant, incomplete, or otherwise questionable in any respect, it shall be the http://www.bidnetdirect.com/city-of-longmont

IFB-425053 Spider Excavator PAGE 6 OF 12 responsibility of the concerned party to notify the Procurement Specialist of such matters immediately upon discovery.

2.5 ADDENDA

Any explanations or corrections shall be made as Addenda to the documents and shall be published on RMEPS for all Bidders. Bidders shall acknowledge receipt of all Addenda in the appropriate spaces provided in Attachment A, Bidder Acknowledgement. Oral explanations and interpretations made prior to the Bid Opening will not be binding. No Addenda will be made within the 4 days just prior to the Bid Opening, unless the Bid Opening is postponed or canceled.

2.6 BID FORMS

1. The City of Longmont shall publish the official Invitation for Bid documents on RMEPS. These

Documents will state the location and description of the proposed Work and will show the estimate of the various quantities of work to be performed, materials to be furnished, the time in which the work must be completed, and the date and time of the opening of the Bids. The Bid Documents will also state any special provisions or requirements, which vary from or are not contained in the Standard Specifications. All forms bound with or attached to the Bid Forms are a necessary part thereof and must not be detached. Bids must be in ink or printed. No Bid alterations or interlineations will be permitted, unless made before submission and initialed and dated. If initialed, the City may require the Bidder to identify the alteration so initialed. No partial sets of Documents and Specifications will be issued.

2. Each Bid must contain the full name(s) and post office address of the bidder(s), and any person signing any Bid as agent of another, or of a firm, must furnish legal evidence of authority to do so.

3. A person who submits a Bid and affixes "President," "Secretary," "Agent," or other designation to his or her signature, without disclosing the principal, may be personally held to the Bid.

4. The City will not consider more than one Bid from an individual, firm, partnership, or corporation under the same or different names. Evidence that any bidder is interested in more than one Bid for the same work will be cause for rejection of all such Bids. Collusion between the bidders will be considered sufficient cause for the rejection of all affected Bids. A party quoting prices to a bidder is not thereby disqualified from quoting prices to other bidders or from submitting a direct Bid on the bidder's own behalf.

5. Discrepancies. In the event of a difference between extended price and unit price of the Bid, the unit price governs.

6. Modifications. Modifications to Bids already submitted will be allowed if received prior to the time specified in the Invitation to Bid. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised Bids. The modifications shall be in writing and shall be signed in the same manner and by the same person(s) who signed the Bid.

7. Minor Informalities. Minor informalities are matters of form rather than substance evident from the response or insignificant mistakes that can be waived or corrected without prejudice to other vendors. The Procurement Specialist may waive such informalities or allow the vendor to correct them depending on which is in the best interest of the City.

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8. Withdrawal of Bid. A Bidder may withdraw a Bid at any time prior to the time Bids are to be opened, by written request of the Bidder. Any such request shall be signed in the same manner as, and by the same person(s) who signed the Bidder Acknowledgement.

9. Alternate Bid. Whenever Alternate Bids are called for specifying the use of several different classes of materials or types of improvements for the same work, all bidders are requested to submit prices for use of each of the several classes of materials or types of improvements as specified. The material to be used or the type of improvement to be adopted will be selected by the City after the Bids have been opened and read. Unless otherwise specifically provided in the specifications for the improvement, Bids shall be made upon each and every item shown on the blank Bid Schedule.

2.7 REQUESTS FOR EXPLANATION

Bidders should notify the City of any discrepancies in or omissions in the Scope or Specifications. Any Bidder may submit a written request for an explanation or correction of any part of the Contract, to the Project Manager a minimum of seven days prior to the Bid Opening. The person submitting the request shall be responsible for its prompt delivery.

2.8 BID PRICING

1. Unit Price Bid Schedule – if applicable. When the City requests Unit Prices, the Bidder shall fully complete the schedule of unit prices included in the Bid Schedule Form. If there is a line item not being bid or is included as part of another line item or service, notate it on that line of Bid Schedule as “included”, “N/A”, or $0.

2. When the City includes an additional amount on the Bid Schedule for minor contract revisions and the City has estimated bid quantities on the schedule, Bidders shall include that add amount in the total Bid price.

3. The total of all the unit prices bid multiplied by the estimated quantity of each item shall be the total Bid price. The City will pay for the final measured, used, or delivered quantities at unit prices in the Bid.

2.9 TAXES

Pursuant to § 39-26-114, C.R.S. and §§ 4.04.090 and 4.04.290, Longmont Municipal Code as amended, the City of Longmont is exempt from paying sales or use taxes. Materials and equipment purchased solely for City projects, that will become a permanent part of the final project, are tax exempt.

2.10 SUBMISSION OF BIDS

Bids must be submitted online through RMEPS. The City will not accept hard copy bids or bids submitted by any other means.

Bidders that do not successfully upload and submit all required documents by the Due Date and Time will not be considered for award. It is recommended that bidders allow ample time to upload and submit documents and confirm that the submission was successful. Bid submissions will be time-stamped by RMEPS upon receipt. The City is not obligated to accept bids from bidders that fail to upload and submit documents on time for any reason.

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Note that your bid must be successfully submitted and not just uploaded. You will receive a “Bid Submission Confirmation” pop-up window prior to final submission. If you are unsure if your documents were submitted successfully, contact Bidnet Support at 800-675-4603 or verify via the Bid Management tab in your account that the documents are not in “Draft” status.

Timely submission of Bids is the Bidder's responsibility.

2.11 MODIFICATION OR WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by the bidder prior to the established due date and time.

2.12 ACCEPTANCE OF BID CONTENT

The City will act upon the Bids with reasonable promptness after the opening of the Bids. The acceptance of a Bid will be a written Notice of Award signed by the duly authorized representative of the City. No other act of the City shall be necessary to constitute acceptance of a Bid. The acceptance of a Bid binds the successful Bidder to execute the required Contract and take all action necessary to fulfill the Contract.

The contents of the bid submittal (including persons specified to implement the project) of the successful contractor shall become contractual obligations into the contract award. Failure of the successful bidder to perform in accordance with these obligations may result in cancellation of the award and such bidder may be removed from future solicitations.

2.13 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

1. By submission of this bid each bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, that in connection with this procurement:

a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the Bid Due Date and Time, directly or indirectly, to any other bidder or to any competitor; and

c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

2. Each person signing the Bid Acknowledgement form of this bid certifies that:

a. He is the person in the bidder’s organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or

b. He is not the person in the bidder’s organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

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3. A bid will not be considered for award where (1)(a), (1)(c), or (2) above has been deleted or modified. Where (1)(b) above has been deleted or modified, the bid will not be considered for award unless the bidder furnishes with the bid a signed statement which sets forth in detail the circumstances of the disclosure and the City’s Purchasing and Contracts Manager, or designee, determines that such disclosure was not made for the purpose of restricting competition.

2.14 RECEIPT OF BIDS

1. Opening of Bids. The sealed Bids will be opened publicly and read aloud at the time, date, and place set in the Invitation to Bid. Late bids will not be accepted. Bidders or their authorized agents are invited to be present and may examine any Bid after opening. A bid recap shall be made available on RMEPS as soon as practicable after the bid opening.

2. Irregular Bids. Bids may be rejected if they show any omission, alteration of form, additions not called for, conditional Alternate Bids, or irregularities of any kind which, in the opinion of the City, tend to make the Bid indefinite or ambiguous. The City may reject Bid submittals with prices which are obviously unbalanced as determined by the Purchasing and Contracts Manager.

Contracts will be awarded only to responsible Bidders capable of performing the class of work contemplated.

3. Collusion. Bids will be rejected if there is reason for believing that collusion exists among the Bidders. Participants in such collusion are subject to suspension and debarment pursuant to the Purchasing Code.

4. Qualification of Bidders. For certain projects, the City may require potential bidders to submit information regarding the bidders' qualifications. The requirement for such information will be identified in the Invitation to Bid or elsewhere in the Bid Documents. Any information requested by or on file with the City may be used to qualify or disqualify potential bidders.

2.15 IFB RESPONSE/MATERIAL OWNERSHIP

All material submitted regarding this IFB becomes the property of the City of Longmont, unless otherwise noted in the IFB.

2.16 EXAMINATION OF BIDS

1. All Bids submitted shall be made available for examination by interested parties within a reasonable time following the Bid Opening. All information in the Bid Documents will be available for public scrutiny, unless the Bidder specifically requests confidential treatment of some or all of its commercial data. Requests for confidentiality shall be in writing, and the portions of the commercial data for which confidentiality is requested shall be clearly identified.

Procurement information shall be a public record to the extent provided by Article 24.72, C.R.S., as amended, and shall be available to the public as provided in the statute.

2. The City will not consider a Bid in its entirety, nor total Bid price information, to be confidential/proprietary.

3. If unit prices are required and are the basis of award, Bidder may not designate unit pricing as proprietary financial information. If unit prices are required but are not the basis for award, Bidder may designate unit pricing as proprietary financial information.

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2.17 ACCEPTANCE OF BID CONTENT

The contents of the Bid (including persons specified to implement the project) of the awarded bidder shall become contractual obligations into the contract award. Failure of the awarded bidder to perform in accordance with these obligations may result in cancellation of the award and the City may remove such bidder from future solicitations.

2.18 NEGOTIATION OF AWARD

In the event only one (1) responsive Bid is received by the City, the City reserves the right to negotiate the award for the goods or products with the Bidder in lieu of accepting the Bid as is.

2.19 REJECTION OF BIDS

City of Longmont reserves the right to reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received;

when it is in the City's best interest to do so.

The City of Longmont reserves the right to accept the Bid which, in the opinion of the City, will best suit the City's purpose.

2.20 AWARD OF CONTRACTS

1. Any or all Bids may be rejected or informalities in bids may be waived at the option of the City.

2. The award of the Contract is contingent upon securing an acceptable Bid which will fall within the amount of funds available for the contracted services.

3. Bidders who are either a Local Business or a Small Business as defined in the Longmont

Municipal Code are to certify themselves as such on the Bidder Acknowledgement included in this Invitation for Bids and to be returned with your bid. For purposes of award, bidders meeting these criteria will have the applicable percentage deducted from the amount of their bid to determine the apparent low bidder only. The award will be made at the dollar amount of the successful Bidder’s submittal.

4. Lowest Responsible Bidder. In determining Lowest Responsible Bidder, the City will consider the factors listed below in addition to price. A bidder may be rejected if, in the judgment of the City, the bidder does not comply with or meet the criteria defined in one or more of these factors.

a. The ability, capacity and skill of the Bidder to perform the Contract or provide the services required.

b. The ability of the Bidder to perform the Contract or provide the service promptly or within the time specified, without delay or interference.

c. The character, integrity, reputation, judgment, experience and efficiency of the Bidder, to be determined at the sole and absolute discretion of the City.

d. The quality of performance on previous City Contracts or services. Failure on the part of any

Bidder to carry out a previous contract satisfactorily shall be deemed sufficient cause for disqualification.

e. The experience of the Bidder and the availability of equipment necessary to complete the current project. Sufficient cause for disqualification of the Bidder will exist if, in the City's opinion, the Bidder does not have adequate experience or equipment to properly perform the Work under the Contract.

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f. The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the service.

g. The quality, availability, and adaptability of the supplies or contractual services to the particular use required.

h. The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract.

i. Debarment or suspension pursuant to L.M.C Sections 4.12.370 through, and including

4.12.390, LMC.

2.21 NEWS RELEASES

Neither the City, nor the bidder, shall make news releases pertaining to this IFB prior to execution of the contract without prior written approval of the other party. The City’s Public Information Office provides written consent on the City’s behalf.

2.22 BID CANCELLATION

The City reserves the right to cancel this Bid at any time, without penalty.

2.23 PROTESTED SOLICITATIONS AND AWARDS

Any actual or prospective bidder who is aggrieved in connection with either the solicitation or award of a contract may protest in writing to the City’s Purchasing and Contracts Manager. The protest shall be submitted within three calendar days after such aggrieved person knows, or reasonably should have known, of the facts giving rise thereto.

With regard to requirements or specifications set forth in this Bid, it is important for bidders to note that a challenge should be made within three calendar days of when the item being protested is known.

2.24 CONTRACT

A sample copy of the purchase order terms and conditions the City will use is included as an attachment for your review. Please note any requests for exceptions and modifications to the terms and conditions. Significant exceptions or modifications may be reason for considering a bid nonresponsive.

2.25 INCURRING COSTS

The City is not liable for any cost incurred prior to issuance of a legally executed contract and/or an official City purchase order.

2.26 RIGHT TO INSPECT

The City may, at reasonable times, inspect the part of the plant, place of business or worksite of the Bidder or the Bidder's subcontractors at any tier which is pertinent to the performance of the award of the Contract.

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2.27 LAWS TO BE OBEYED

Bidders shall familiarize themselves with the provisions of the laws of the State of Colorado and the Federal Government, and with all local laws and all regulations made which are pertinent to the proposed work and shall comply with the same.

2.28 EQUAL OPPORTUNITY

The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, or national origin, or other reason prohibited by applicable federal, state or local law, ordinance or regulation. The Contractor shall abide by all federal laws in effect during the Contract period which govern Equal Opportunity Employment.

2.29 NON-DISCRIMINATION

The bidder shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

2.30 ASSIGNMENT AND DELEGATION

Neither party to any resulting contract may assign or delegate any portion of the contract without the prior written consent of the other party.

2.31 AVAILABILITY OF FUNDS

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 the event funds are not appropriated, any resulting contract will become null and void, without penalty to the City.

2.32 DAMAGES FOR BREACH OF CONTRACT

In addition to any other legal or equitable remedy the City may be entitled to for a breach of the resulting contract, if the City terminates the contract, in whole or in part, due to the awarded bidder’s breach of any provision of the contract, the awarded bidder shall be liable for actual and consequential damages to the City.

2.33 OTHER STATUTES

1. The signatory hereto avers that he is familiar with Colorado Revised Statutes, 18-8-301, et seq.

(Bribery and Corrupt Influence) and 18-8-401, et seq. (Abuse of Public Office) as amended, and that no violation of such provisions is present.

2. The signatory hereto avers that to his knowledge, no City of Longmont employee has any personal or beneficial interest whatsoever in the service or property described herein. See C.R.S.

24-18-201 and C.R.S. 24-50-507.

2.34 UTILIZATION OF AWARD BY OTHER AGENCIES

The City reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to use the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City in the current term or in any future terms.