Q25-059DS PPAM Website Redesign.pdf

Request for Quote (RFQ)

Date Issued: May 15, 2025

Project #: Q25-059DS Pikes Peak America’s Mountain Website Redesign

QUOTES DUE: June 6, 2025 no later than 4:30 PM MST.

The City of Colorado Springs is seeking proposals and pricing from qualified web designers to redesign Pike’s Peak America’s Mountain’s web site in accordance with the Scope of Work included as Exhibit A in this solicitation. The estimated project magnitude is $30,000 - $40,000.

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 based on the evaluation criteria included in this solicitation. 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.

RFQ SCHEDULE OF EVENTS

The upcoming schedule of events is as follows:

Event Date

Pre-Proposal Conference May 22, 2025, 10:00 AM MST

We will hold a pre-proposal conference via Microsoft Teams. This meeting is not mandatory.

However all Offerors are encouraged to attend. Please use the link below to attend the meeting:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2U4MGZhOTgtNzM3Ni00NjQxLWEwYjItNjJlZmE5ODg5MTcy%40thread.

v2/0?context=%7b%22Tid%22%3a%2290f74bf0-a593-4c12-9591-fb8ef4ba6ad1%22%2c%22Oid%22%3a%228e59dff5-e42a-4e52-b23f-b2d164d21568%22%7d

Dial In (Audio Only): 720-617-3426 Meeting ID 558 351 638#

Cut Off Date for Questions May 28, 2025, 4:30 PM MST

Questions about the RFQ must be submitted electronically with BidNet. A written response to any inquiry may be provided in the form of an Amendment to the solicitation. Questions must be received no later than 4:30 PM MST on May 28, 2025 .

Award of Contract Anticipated June 2025

Notice to Proceed Anticipated June 2025 https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2U4MGZhOTgtNzM3Ni00NjQxLWEwYjItNjJlZmE5ODg5MTcy%40thread.v2/0?context=%7b%22Tid%22%3a%2290f74bf0-a593-4c12-9591-fb8ef4ba6ad1%22%2c%22Oid%22%3a%228e59dff5-e42a-4e52-b23f-b2d164d21568%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2U4MGZhOTgtNzM3Ni00NjQxLWEwYjItNjJlZmE5ODg5MTcy%40thread.v2/0?context=%7b%22Tid%22%3a%2290f74bf0-a593-4c12-9591-fb8ef4ba6ad1%22%2c%22Oid%22%3a%228e59dff5-e42a-4e52-b23f-b2d164d21568%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2U4MGZhOTgtNzM3Ni00NjQxLWEwYjItNjJlZmE5ODg5MTcy%40thread.v2/0?context=%7b%22Tid%22%3a%2290f74bf0-a593-4c12-9591-fb8ef4ba6ad1%22%2c%22Oid%22%3a%228e59dff5-e42a-4e52-b23f-b2d164d21568%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2U4MGZhOTgtNzM3Ni00NjQxLWEwYjItNjJlZmE5ODg5MTcy%40thread.v2/0?context=%7b%22Tid%22%3a%2290f74bf0-a593-4c12-9591-fb8ef4ba6ad1%22%2c%22Oid%22%3a%228e59dff5-e42a-4e52-b23f-b2d164d21568%22%7d

Requests for Information and support, shall be directed to:

Dylan Smith Dylan.Smith2@coloradosprings.gov

SUBMISSION OF PROPOSALS

Proposals are to be submitted electronically on the BidNet Website (www.bidnetdirect.com). Please review the submission requirements well in advance of submission date and time; and allow for ample time to upload each required document.

It is recommended that Offerors begin the submission process at least one (1) day in advance of the proposal deadline.

Offerors are solely responsible to ensure their bid documents are uploaded and submitted correctly, and that a confirmation number is obtained upon successful submission.

Customer Support Team for www.bidnetdirect.com can be reached 1-800-835-4603.

PERFORMANCE PERIOD

The performance period for the project detailed in this RFQ is anticipated as 365 days from the issuance of a notice to proceed.

PROPOSAL FORMAT

• Please submit a proposal of no longer than 20 pages that includes accompanying diagrams (e.g. Gantt Charts, layouts, references)

• Company profile including an organizational chart that may include roles and responsibilities of positions such as a developer, business analyst, and project manager and your respective and relevant experience in Web Design implementation

• Case studies, portfolios, or other examples of successful Web Design projects

• Approach and methodology for this project, including timeline and milestones

• Detailed breakdown of costs and pricing

• References from a minimum of three past clients

• Please complete the Qualifications Documents, included with this solicitation as Exhibit B, at www.bidnetdirect.com and submit in addition to your proposal. This document does not count towards the 20-page limit.

PROPOSAL EVALUATION CRITERIA

The City will use the following criteria when evaluating proposals to determine award of contract

• Experience and expertise in web design implementation (see vendor qualifications below)

• Alignment with project objectives and scope of work mailto:Dylan.Smith2@coloradosprings.gov http://www.bidnetdirect.com/ http://www.bidnetdirect.com/

• Approach and methodology for web design implementation

• Cost-effectiveness and value proposition

• Client references and testimonials

• Experience and expertise with destination tourism

VENDOR QUALIFICATIONS

The City is seeking vendors that possess the following qualifications:

• Demonstrated experience in designing and developing professional websites for businesses in similar industries

• Strong portfolio showcasing creative design concepts, responsive layouts, and user-friendly interfaces. Destination tourism experience is preferred

• Proficiency in web design technologies and tools (Wordpress, Elementor, HTML5, CSS3, JavaScript, etc.)

• Expertise in SEO best practices and performance optimization techniques

• Excellent communication, collaboration, and project management skills

EXHBITS

The following Exhibits follow this page

Exhibit A: Scope of Work Exhibit B: Qualifications Documents Exhibit C: Sample Contract Exhibit D: Additional Terms and Conditions

EXHIBIT A SCOPE OF WORK

PPAM MISSION

Create an unforgettable “Peak” experience by developing and enhancing first class interpretive programs, world class facilities, and safe, environmentally sensitive access to America’s Mountain for the education and recreational enjoyment of our patrons

PPAM DESCRIPTION

Pikes Peak – America’s Mountain, managed by the City of Colorado Springs in partnership with United States Forest Service and Colorado Springs Utilities, is a top international destination. At 14,115 ft, it’s the only fully accessible 14er, with a 19-mile auto road to the summit that is open year-round, the Pikes Peak Highway. Visitors can explore three reservoirs, scenic overlooks, and hiking trails, with opportunities for activities like fishing, kayaking, cycling, wildlife viewing, and nature photography. The paved Pikes Peak Highway is safe for all drivers, with notable stops at Crystal Creek Reservoir, Glen Cove, and the state-of-the-art Summit Visitor Center, which offers exhibits, a gift shop, and a cafe serving our famous high-altitude donuts. Visitors can experience both summer and winter on the same day, due to the capricious mountain climate. Weddings, sunrise openings, Ranger-led programs, and events like a youth fishing derby, and an Indigenous Peoples’ Day celebration add to the experience. Pikes Peak also partners with Aramark, the Pikes Peak International Hill Climb, Ascent and Marathon, AdAmAn Club of Colorado Springs, and Cycle to the Summit each year. Whether driving, shuttling, hiking, biking, or taking the cog, guests can enjoy a truly unique Colorado experience.

ADDRESS & WEB ADDRESS

5089 Pikes Peak Highway Cascade, CO 80809 www.drivepikespeak.com

PROJECT DESCRIPTION

PPAM’s website was part of a City of Colorado Springs’ website refresh a few years ago. In 2020, a style guide was created for Pikes Peak, that includes the brand’s font choices and colors. “Road trip to 14,115’ above ordinary,” is our current tagline but not reflected on the site.

The current site is not mobile-optimized, lacks real-time updates (like weather), is difficult to update and challenging for users to navigate.

We believe the website should reflect Pikes Peak- America’s Mountain as a world-class travel destination, offering outdoor recreation and the opportunity to safely ascend a 14,115 ft.

mountain from the comfort of your car or by shuttle. The new design should be accessible and easy to navigate to visitors of all ages and backgrounds.

http://www.drivepikespeak.com/

EXISTING SITE CONCERNS

• Outdated appearance

• Not user-friendly

• Too much copy

• Not optimized for mobile

• Difficult to frequently update

• Does not show off the mountain and everything it has to offer

• Is not obvious where people should click to book timed entries, shuttle tickets, etc.

IDEAS AND GOALS FOR THE REDESIGN

• Create more obvious calls to action: Purchase tickets, follow/share on social media, sign up for newsletter, etc.

• Photos on the homepage and throughout (PPAM will provide)

• Fresh modern layout that utilizes PPAM branding

• Ease of access

• Mobile friendly design

• As easy as possible to update on the backend

• E-newsletter signup capability

• Integrate Aluvii for ticket purchasing into website

• Create an e-commerce site for:

• Recreation concessionaires to submit monthly payments

• A future store to sell items like Jr. Ranger books, Fishing Derby t-shirts, and other PPAM merchandise

• Donation options for the PPAM Foundation and USFS stewardship initiatives

• Make information more easily accessible by reducing the number of menu options/subpages

• Build utility for potential travelers and creative thinking into the proposal, including but not limited to:

• The ability for website users to save/share/retrieve favorite listings and articles without a login

• Functional listings/mapping integration with Google Places API

• Designed/developed with search engine optimization in mind

• AI chatbot assistance that can provide answers to questions about PPAM travel posed in natural language using data from official websites and training material

• Design and develop a modern, responsive website that showcases our products/services and brand effectively that incorporates multilingual translation

• Create optimum user experience and engagement through intuitive navigation and interactive elements

• Increase online visibility and lead generation potential through search engine optimization

(SEO) best practices

• Ensure scalability and compatibility with various devices and browsers

• Ensure the website is accessible and conforms to WCAG 2.2 standards

• Consider potential structural and design implications of voice search and AI developments

• Integrate with Google Analytics 4

• Trip planning

KEY THEMES

• Road trip to 14,115’ above ordinary

• Colorado outdoor recreation hub

• Sustainability

• Stewardship/ Leave No Trace

• Wildlife

• Multiple ecosystems- flora, forests, geology

• Pikes Peak’s world-famous donuts

• Historical significance/ Indigenous heritage

• Year-round adventure and exploration

• Distinct special events

• Shuttles

• Host celebrations on America’s Mountain- wedding, family events, business events, etc.

TARGET AUDIENCES

• Tourists

• Outdoor enthusiasts

• Thrill seekers

• Families

• Annual Pass holders/locals

• Educators

• Commercial organizations

• Tribal members

• Media/press

• Volunteers and volunteer groups

• Special event planners

• Wedding planners

PROPOSED PAGES

We’re open to feedback on how to best organize the site but based on our preliminary discussions key menu items and subpages are outlined below.

Note: Every page should have a header/footer that includes contact information, hours, and links to social media channels.

Homepage

• Must have weather/road conditions listed somewhere (hope to be able to update this in Realtime)

• Link to public facing cameras

• Need to have a way to add a banner/something obvious to show when we have a delayed opening or other event or incident that we want to highlight

• Feature photos and upcoming events

• Partners listed at the bottom

Plan Your Visit

• Timed Entry o This page should link to our e-commerce Aluvii site o Would like to feature TravelStorys here

• Shuttles o Want to feature each of the shuttle stops here o This page should link to our e-commerce Aluvii site

• Fees and Admissions

• Annual Passes o This page should link to our e-commerce Aluvii site

• Hours and Directions

• Preparing for the Altitude/Mountain Driving

• Live web cameras

• School Groups

Recreation

• North Slope- fishing, kayaking, trails, youth fishing derby, water recreation

• South Slope- trails, fishing

• Cycling- Feature Cycle to Summit and Pedal Pikes Peak days

• Photography- best locations/times to photograph

• Hiking/Biking- Trail maps, hiker recovery room, after hours response

• Learn from our Rangers o Blog for Rangers to teach about what they know best; hiking, safety, etc.

Event Calendar (Calendar with registration functionality)

Host Your Event:

• Special Event Requests (online form)

• Weddings/Elopement Ceremonies (would like a calendar function that shows available dates and have an online form to submit info)

About

• History- Timeline, talk about Summit Visitor Center Interpretive Exhibit, could include movies/films produced on location

• Indigenous Peoples Statement- Feature Indigenous Peoples’ Day

• Media/press (include links to recent media clips as well as PDFs of press releases)

Sustainability & Leave No Trace

• Leave No Trace for adults

• Leave No Trace for kids- Plug Jr. Ranger book

• SVC LEED construction & LBC pedals, Aramark awards

• Healthy forests

• Watershed management

Get Involved

• Volunteer

• Employment

• Newsletter signup

• Guest Survey (embed Survey Monkey)

• Special event and program registration

THIRD PARTY LINKS

• Aluvii - Used to purchase timed entry, shuttle tickets, general admission, annual passes, and North Slope admission

• Crowdriff- Used to pull user generated content for our galleries

• TravelStorys -Offers guests a free GPS-based audio tour they can enjoy as they ascend the mountain

• Summit App -The Pikes Peak app lets you dive into a fun quiz game, explore a nature gallery, and customize your summit photos with unique features—all in one interactive experience

DISCOVERY AND PLANNING

• Conduct a thorough analysis of our City enterprise requirements, target audience, and

• customer journey of PPAM

• Collaborate with our team to define project goals, scope, and timeline

• Develop a comprehensive project plan and wireframes/mockups for website design

DESIGN AND DEVELOPMENT

• Create custom design concepts that align with our brand guidelines and those of the City of Colorado Springs and Pikes Peak – America’s Mountain that speak to our target audiences https://pikespeakcolorado.aluvii.com/store/shop/categories?id=1 https://crowdriff.com/ https://travelstorys.com/tours/pikes-peak-americas-mountain?gad_source=1&gclid=CjwKCAjw7pO_BhAlEiwA4pMQvKO63_vZYAb3lYREu6l40kX3irCi0JqBldvS2S768iqxrxC-7xzfNhoCCD0QAvD_BwE https://play.google.com/store/apps/details?id=gov.coloradosprings.pikespeak&hl=en_US&pli=1

• Develop responsive website layouts optimized for desktop, tablet, and mobile devices

• Implement interactive elements, animations, and multimedia content as indicated

• Integrate content management system (CMS) for easy content updates and management

CONTENT CREATION AND OPTIMIZATION

• Assist with content strategy and creation, including copywriting, imagery, and multimedia assets

• Optimize website content for search engines and user engagement

• Ensure compliance with accessibility standards (e.g., WCAG) and best practices

• Integration of existing and new third-party feeds, including, but not limited to: Restaurants, hotels, attractions, site reviews and other listings from third-party vendors, including tourism regional partners

• Interactive destination maps that enable a user to search by Pikes Peak Highway, North and South Slope Recreation Areas locations or by interest category (e.g., landmarks, waterways, trails, visitor centers, interpretation, ecosystems)

SEO AND PERFORMANCE OPTIMIZATION

• Conduct keyword research and on-page optimization to improve search engine rankings

• Implement technical SEO enhancements for site speed, crawlability, and indexing

• Establish analytics and tracking tools to monitor website performance and user behavior to best understand and represent our marketing reach and impact

TESTING AND QUALITY ASSURANCE

• Conduct thorough testing across various devices and browsers to ensure compatibility and functionality

• Identify and resolve any bugs, errors, or usability issues

• Implementing security measures to protect against vulnerabilities and threats. Includes coordination with City of Colorado Springs Information Technology and Cyber Security departments

• Provide training and documentation for website administration and content management

• Offer ongoing support and maintenance services as needed

DELIVERABLES

• Custom website design concepts and mock-ups

• Fully developed and functional website with CMS integration

• Optimized content and multimedia assets

• SEO strategy and implementation documentation

• Training materials for website administration

• Ongoing support and maintenance plan

ADDITIONAL INFORMATION

We’re looking for a knowledgeable, experienced and collaborative developer to work with us on this project. Our hope is that the developer we select can serve as a partner throughout this process, helping us fine tune our vision and recommending best practices that will help us achieve our goals.

Please plan to provide 3 client references and point us to websites that you have designed.

EXHIBIT B QUALIFICATIONS DOCUMENTS

Please submit the PDF document titled “Exhibit B Qualifications Documents” located at www.bidnetdirect.com with your proposal.

EXHIBIT C SAMPLE CONTRACT

SAMPLE SERVICES CONTRACT

1. INTRODUCTION

THIS TYPE CONTRACT (“Contract”) is made and entered into this ___ day of__________, 2025 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:

The Contractor did on the ___ day of ________, 2025 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 Document

2. Appendix A – Additional Terms and Conditions

3. Appendix B – Contractor’s Proposal

4. Appendix C – Statement of Work

5. Appendix D – Insurance Requirements

2. COMPENSATION/CONSIDERATION

Contract Number: SAMPLE

ONLY

Project Name/Title SAMPLE ONLY

Vendor/Contractor SAMPLE ONLY 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

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 XXXX 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.

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 Appendix D, which includes Property, Liability and Professional Errors and Omissions coverage, and as otherwise listed in Appendix D. 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 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.

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 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. 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. In addition to the usual recitals in assignment contracts, the following language must be included in the assignment:

It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms, or corporations rendering such services or supplying such materials.

13. CHOICE OF LAW

This Contract is subject to and shall be interpreted under the law of the State of Colorado, and the Charter, City Code, Ordinances, Rules and Regulations of the City of Colorado Springs, Colorado, a Colorado home rule city. Court venue and jurisdiction shall be exclusively in the Colorado District Court for El Paso County, Colorado. The Parties agree that the place of performance for this Contract is deemed to be in the City of Colorado Springs, El Paso County, State of Colorado. The Contractor shall ensure that the Contractor and the Contractor's employees, agents, officers and subcontractors are familiar with, and comply with, applicable Federal, State, and Local laws and regulations as now written or hereafter amended.

14. WORKERS’ COMPENSATION INSURANCE

Contractor shall take out and maintain during the Period of Performance, Colorado Worker's Compensation Insurance for the Contractor and all employees of the Contractor. If any service is sublet by the Contractor, the Contractor shall require the subcontractor to provide the same coverage for the subcontractor and subcontractor’s employees. Workers’ Compensation Insurance shall include occupational disease provisions covering any obligations of the Contractor in accord with the provisions of the Workers’ Compensation Act of Colorado.

15. INDEMNIFICATION

Contractor agrees that the Contractor shall indemnify, defend and hold harmless the City, its officers, employees and agents, from and against any and all loss, damage, injuries, claims, cause or causes of action, or any liability whatsoever resulting from, or arising out of, or in connection with the Contractor's obligations or actions under this Contract caused by any willful or negligent error, omission or act or a failure to observe any applicable standard of care by the Contractor or any person employed by it or anyone for whose acts the Contractor is legally liable.

In consideration of the award of this Contract, to the extent damages are covered by insurance, the Contractor agrees to waive all rights of subrogation against the City, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the City. The indemnification obligation shall survive the expiration or termination of this Contract

16. INDEPENDENT CONTRACTOR

In the performance of the Contractor's obligations under this Contract, it is understood, acknowledged and agreed between the parties that the Contractor is at all times acting and performing as an independent contractor, and the City shall neither have nor exercise any control or direction over the manner and means by which the Contractor performs the Contractor's obligations under this Contract, except as otherwise stated within the Contract terms. The City shall not provide any direction to the Contractor on the work necessary to complete the project.

Contractor understands that it is an independent contractor responsible for knowing how to perform all work or tasks necessary to complete project. The Contractor understands and agrees that the Contractor and the Contractor's employees, agents, servants, or other personnel are not City employees. The Contractor shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits or any other form of compensation or benefit to the Contractor or any of the Contractor's employees, agents, servants or other personnel performing services or work under this Contract, whether it is of a direct or indirect nature. Further in that regard, it is expressly understood and agreed that for such purposes neither the Contractor nor the Contractor's employees, agents, servants or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement or any other benefits whatsoever.

17. APPLICABLE LAW AND LICENSES

In the conduct of the services or work contemplated in this Contract, the Contractor shall ensure that the Contractor and all subcontractors comply with all applicable state, federal and City and local law, rules and regulations, technical standards or specifications. The Contractor shall qualify for and obtain any required licenses prior to commencement of work.

18. PRIOR AGREEMENTS

This is a completely integrated Contract and contains the entire agreement between the parties.

Any prior written or oral agreements or representations regarding this Contract shall be of no effect and shall not be binding on the City. This Contract may only be amended in writing, and executed by duly authorized representatives of the parties hereto.

19. INTELLECTUAL PROPERTY

The Parties hereby agree, and acknowledge, that all products, items writings, designs, models, examples, or other work product of the Contractor produced pursuant to this Contract are works made for hire, and that the City owns, has, and possesses any and all ownership rights and interests to any work products of the Contractor made under this Contract, including any and all copyright, trademark, or patent rights, and that compensation to the Contractor for Agreement and acknowledgment of this intellectual property right section of this Contract is included in any compensation or price whatsoever paid to the Contractor under this Contract. It is the intent of the parties that the City shall have full ownership and control of the Contractor's work products produced pursuant to this Contract, and the Contractor specifically waives and assigns to the City all rights which Contractor may have under the 1990 Visual Artists Rights Act, federal, and state law, as now written or later amended or provided. In the event any products, items writings, designs, models, examples, or other work product produced pursuant to this Contract is deemed by a court of competent jurisdiction not to be a work for hire under federal copyright laws, this intellectual property rights provision shall act as an irrevocable assignment to the City by the Contractor of any and all copyrights, trademark rights, or patent rights in the Contractor's products, items writings, designs, models, examples, or other work product produced pursuant to this Contract, including all rights in perpetuity. Under this irrevocable assignment, the Contractor hereby assigns to the City the sole and exclusive right, title, and interest in and to the Contractor's products, items writings, designs, models, examples, or other work product produced pursuant to this Contract, without further consideration, and agrees to assist the City in registering and from time to time enforcing all copyrights and other rights and protections relating to the Contractor's products, items writings, designs, models, examples, or other work product in any and all countries. It is the Contractor's specific intent to assign all right, title, and interest whatsoever in any and all copyright rights in the Contractor's products, items writings, designs, models, examples, or other work product produced pursuant to this Contract, in any media and for any purpose, including all rights of renewal and extension, to the City. To that end, the Contractor agrees to execute and deliver all necessary documents requested by the City in connection therewith and appoints the City as Contractor's agent and attorney-in-fact to act for and in Contractor's behalf and stead to execute, register, and file any such applications, and to do all other lawfully permitted acts to further the registration, prosecution, issuance, renewals, and extensions of copyrights or other protections with the same legal force and effect as if executed by the Contractor; further, the parties expressly agree that the provisions of this intellectual property rights section shall be binding upon the parties and their heirs, legal representatives, successors, and assigns.

20. WAIVERS

No waiver of default by the City of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the Contractor shall be construed, or shall operate, as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by the Contractor.

21. THIRD PARTIES

It is expressly understood and agreed that enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties hereto, and nothing contained in this Contract shall give or allow any such claim or right of action by any other or third person or entity on such Contract. It is the express intention of the Parties hereto that any person or entity, other than the Parties to this Contract, receiving services or benefits under this Contract shall be deemed to be incidental beneficiaries only.

22. TERMINATION

A. Termination for Convenience.

By signing this Contract, Contractor represents that it is a sophisticated business and enters into the Contract voluntarily, has calculated all business risks associated with this Contract, and understands and assumes all risks of being terminated for convenience, whether such risks are known or not known. Contractor agrees that the City may terminate this Contract at any time for convenience of the City, upon written notice to the Contractor. Contractor expressly agrees to and assumes the risk that the City shall not be liable for any costs or fees of whatsoever kind and nature if termination for convenience occurs before Contractor begins any work or portion of the work. Contractor further expressly agrees and assumes the risks that the City shall not be liable for any unperformed work, anticipated profits, overhead, mobilizations costs, set-up, demobilization costs, relocation costs of employees, layoffs or severance costs, administrative costs, productivity costs, losses on disposal of equipment or materials, cost associated with the termination of subcontractors, costs associated with purchase orders or purchases, or any other costs or fees of any kind and nature, if Contractor has started or performed portions of the Contract prior to receiving notice from the City. The City shall be liable only for the portions of work Contractor actually satisfactorily completed up to the point of the issuance of the Notice of Termination for convenience. Upon receipt of this notice the Contractor shall immediately: discontinue all services affected (unless the notice directs otherwise), and deliver to the City all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Contract, whether completed or in process.

B. Termination for Cause: The occurrence of any one or more of the following events (“Event of Default”) will justify termination for cause:

i. Contractor’s failure to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time.

ii. Contractor’s disregard of the laws or regulations of any public body having jurisdiction.

iii. Contractor’s disregard of the authority of Project Manager.

iv. Contractor’s violation in any material provision of the Contract Documents.

v. Contractor’s failure to make prompt payments to its subcontractors, and suppliers of any tier, or laborers or any person working on the work by, through, or under the Contractor or any of them, any all of their employees, officers, servants, members, and agents.

vi. Contractor files a petition commencing a voluntary case under the U.S. Bankruptcy Code, or for liquidation, reorganization, or an arrangement pursuant to any other U.S. or state bankruptcy Laws, or shall be adjudicated a debtor or be declared bankrupt or insolvent under the U.S. Bankruptcy Code, or any other federal or state laws relating to bankruptcy, insolvency, winding-up, or adjustment of debts, or makes a general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition commencing an involuntary case under the U.S. Bankruptcy Code or an answer proposing the adjudication of Contractor as a debtor or bankrupt or proposing its liquidation or reorganization pursuant to the Bankruptcy Code or any other U.S. federal or state bankruptcy laws is filed in any court and Contractor consents to or acquiesces in the filing of that pleading or the petition or answer is not discharged or denied within sixty (60) Calendar Days after it is filed.

vii. A custodian, receiver, trustee or liquidator of Contractor, all or substantially all of the assets or business of Contractor, or of Contractor’s interest in the Work or the Contract, is appointed in any proceeding brought against Contractor and not discharged within sixty (60) Calendar Days after that appointment, or if Contractor shall consent to or acquiesces in that appointment.

viii. Contractor fails to commence correction of defective work or fails to correct defective work within a reasonable period of time after written notice.

If one or more of the events identified in Paragraphs i-viii above occur, City may give Contractor written notice of the event and direct the event be cured. Any such Notice to Cure will provide Contractor a minimum of ten (10) calendar days to prepare and submit to the Project Manager a plan to correct the Event of Default. If such plan to correct the Event of Default is not submitted to the Project Manager within ten (10) days after the date of the written notice or such plan is unacceptable to the City, the City may, give Contractor (and the Surety, if any) written notice that Contractor’s services are being terminated for cause. Upon delivery of the termination notice, City may terminate the services of Contractor in whole or in part, exclude Contractor from the site, and take possession of the work and of all Contractor’s tools, appliances, equipment, and machinery at the project site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the work all materials and equipment stored at the site or for which City has paid Contractor but which are stored elsewhere, and finish the work as City may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until Certificate of Completion of the work. In the event City terminates this Contract for Cause and the cost of completing the work exceeds the unpaid balance of the Contract price, Contractor shall pay City for any costs of completion which exceed the Contract price when combined with all amounts previously paid to Contractor. When exercising any rights or remedies under this paragraph City shall not be required to obtain the lowest price for the work performed. Should the cost of such completion, including all proper charges, be less than the original Contract price, the amount so saved shall accrue to the City.

Neither the City nor any officer, agent or employee of the City shall be in any way liable or accountable to the Contractor or the Surety for the method by which the completion of the said work, or any portion thereof, may be accomplished or for the price paid.

Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor or Surety then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability.

C. Termination Notice. Upon receipt of a termination notice, whether for convenience or cause, the Contractor shall immediately: discontinue all services affected (unless the notice directs otherwise), and deliver to the City all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Contract, whether completed or in process.

D. Removal of Equipment. Except as provided above, in the case of termination of this Contract before completion from any cause whatever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of the City, failing which the City shall have the right to remove such equipment and supplies at the expense of the Contractor.

23. BOOKS OF ACCOUNT AND AUDITING

The Contractor shall make available to the City if requested, true and complete records, which support billing statements, reports, performance indices, and all other related documentation. The City’s authorized representatives shall have access during reasonable hours to all records, which are deemed appropriate to auditing billing statements, reports, performance indices, and all other related documentation. The Contractor agrees that it will keep and preserve for at least seven years all documents related to the Contract which are routinely prepared, collected or compiled by the Contractor during the performance of this Contract.

The City’s Auditor and the Auditor’s authorized representatives shall have the right at any time to audit all of the related documentation. The Contractor shall make all documentation available for examination at the Auditor’s request at either the Auditor’s or Contractor's offices, and without expense to the City.

24. COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986

Contractor certifies that Contractor has complied with the United States Immigration Reform and Control Act of 1986. All persons employed by Contractor for performance of this Contract have completed and signed Form I-9 verifying their identities and authorization for employment.

25. LABOR

The Contractor shall employ only competent and skilled workmen and foremen in the conduct of work on this Contract. The Contractor shall at all times enforce strict discipline and good order among Contractor's employees. The Project Manager shall have the authority to order the removal from the work of any person, including Contractor's or any subcontractor’s employees, who refuses or neglects to observe any of the provisions of these Plans or Specifications, or who is incompetent, abusive, threatening, or disorderly in conduct and any such person shall not again be employed on the Project.

In no event shall the City be responsible for overtime pay.

26. GRATUITIES

A. This Contract may be terminated if the Mayor, the Mayor’s designee, and/or the Procurement

Services Manager determine, in their sole discretion, that the Contractor or any officer, employee, agent, or other representative whatsoever, of the Contractor offered or gave a gift or hospitality to a City officer, employee, agent or Contractor for the purpose of influencing any decision to grant a City contract or to obtain favorable treatment under any City contract.

B. The terms "hospitality" and "gift" include, but are not limited to, any payment, subscription, advance, forbearance, acceptance, rendering or deposit of money, services, or anything of value given or offered, including but not limited to food, lodging, transportation, recreation or entertainment, token or award.

C. Contract termination under this provision shall constitute a breach of contract by the Contractor, and the Contractor shall be liable to the City for all costs of…