RFP-24-19-FM (IPGC Patio Tiling Project).pdf

Page 1 of 16 Rev. 9/2023

Request for Proposal

RFP-24-19-FM

Indian Peaks Golf Course: Patio Tile Flooring

Proposals must be uploaded to the Rocky Mountain E- Purchasing System, Bidnet®, at:

https://www.bidnetdirect.com/Colorado/CityofLafayette

RFP Release Date: July 11, 2024 Proposal Due Date: Monday, August 12, 2024 | 5:00PM MT City of Lafayette 1290 South Public Road Lafayette, Colorado 80026 https://www.bidnetdirect.com/Colorado/CityofLafayette

Page 2 of 16 Rev. 9/2023

Contents

REQUEST FOR PROPOSAL COVER SHEET & SIGNATURE PAGE

NON-COLLUSION CERTIFICATE

1. SECTION 1 – GENERAL INFORMATION

1.1. BACKGROUND, OVERVIEW, AND GOALS

Statement of Vision

Statement of Values

PURPOSE

1.2. SCHEDULE OF ACTIVITIES

1.3. ADMINISTRATIVE INFORMATION

1.3.I. Official Means of Communication

1.3.II. Modification or Withdrawal of Proposals

1.3.III. Proposal Submission

1.3.IV. Addendum or Supplement to Request for Proposal

1.3.V. Oral Presentations/Site Visits

1.3.VI. Incurring Costs

1.3.VII. Confidentiality

1.3.VIII. Acceptance of RFP terms

1.3.IX. Independent Price Determination

1.3.X. Conflicts of Interest/Ethics

1.3.XI. Protested Solicitations and Awards

1.4. CONTRACT AND TERM

2. SECTION 2 – REQUIREMENTS AND SCOPE OF WORK

2.1. INSURANCE REQUIREMENTS

2.2. MANDATORY SUBMISSION REQUIREMENTS

2.3. SCOPE OF WORK

2.4. REQUESTED PROPOSAL FORMAT

2.4.I. Demonstrated Experience and Capabilities

2.4.II. Technical/Business Proposal

2.4.III. Cost Proposal

3. SECTION 3 – EVALUATION METHODOLOGY & AWARD

3.1. EVALUATION PROCESS

3.2. EVALUATION COMMITTEE

Page 3 of 16 Rev. 9/2023

3.3. PROPOSAL EVALUATION CRITERIA

3.4. DEMONSTRATIONS AND DISCUSSIONS

3.5. SINGLE PROPOSAL

3.6. AWARD

APPENDIX A – SAMPLE CONTRACT

APPENDIX B – FLOOR PLAN

Page 4 of 16 Rev. 9/2023

REQUEST FOR PROPOSAL COVER SHEET & SIGNATURE PAGE

RFP #24-19-FM

Proposal Submission Deadline:

Monday, August 12, 2024 | 5:00PM MT

Submit Sealed Proposals to:

bidnetdirect.com/Colorado/CityofLafayette

Project Manager:

Mike Nielsen Mike.Nielsen@LafayetteCO.gov

Procurement Manager:

Elizabeth Messner Elizabeth.Messner@LafayetteCO.gov

Indian Peaks Golf Course: Patio Tile Flooring The Request for Proposal Coversheet and Non-Collusion Certificate must be signed by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. Verifiable digital signatures are accepted.

Legal Company Name (Offeror):

Authorized Signature:

Typed/Printed Name:

Title:

F.E.I.N.

Company Address:

City: State: Zip:

Contact for clarifications:

Title:

Email Address:

Phone Number:

By signing this Request for Proposal Coversheet, the authorized agent acknowledges acceptance of all terms and conditions of this solicitation.

ONLINE PROPOSAL SUBMISSION: Offerors must be registered with the Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com prior to the due date and time so that the proposal and other required information may be uploaded. Proposals sent by other methods will not be accepted.

Please be advised that telegraphic or electronic responses (Email, Fax, Drop Box, Etc.) CANNOT BE ACCEPTED as a sealed proposal. Vendors are urged to read these documents thoroughly before submitting a response.

https://www.bidnetdirect.com/colorado/cityoflafayette mailto:Mike.Nielsen@LafayetteCO.gov mailto:Elizabeth.Messner@LafayetteCO.gov

Page 5 of 16 Rev. 9/2023

NON-COLLUSION CERTIFICATE

The undersigned, being duly sworn, deposes and says that the person, firm, association, co-partnership or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City of Lafayette for consideration in the award of a Contract for Indian Peaks Golf Course: Patio Tile Flooring.

(Offeror Name)

By: _______________________________________________ (Authorized Signature)

Title: _______________________________________________

Page 6 of 16 Rev. 9/2023

1. SECTION 1 – GENERAL INFORMATION

1.1. BACKGROUND, OVERVIEW, AND GOALS

Statement of Vision Lafayette’s panoramic view of the Rocky Mountains inspires our view into the future. We value our heritage, our unique neighborhoods, a vibrant economy, and active lifestyles. We envision a future that mixes small town livability with balanced growth and superior city services.

Statement of Values We foresee a strong economy that is diverse and sustainable, attracts innovators, encourages a balance of big and small businesses, and meets the community’s needs.

We intend to shape the future through strengthening our voice on environmental stewardship and social issues, taking an active role in sustainability and strategic planning development, and facilitating leadership development and fresh thinking.

We strive to be a connected community that encourages cooperative relationships and inclusivity, expects accessibility and communication, nurtures resiliency, appreciates multiculturalism, and humanizes physical and social interactions within the City.

We support placemaking endeavors that stimulate historic preservation and the arts, encourage open space stewardship and networking of neighborhoods, and promote comprehensive planning and livability.

PURPOSE

The City of Lafayette is seeking proposals from qualified firms to tile a concrete patio/deck that is approximately 2000sf. The patio is located at the Indian Peaks Golf Course and is depicted in APPENDIX B – FLOOR PLAN.

1.2. SCHEDULE OF ACTIVITIES

Activity Date and Time

RFP Issued via Rocky Mountain E- Purchasing System/Bidnet July 11, 2024

Pre-Proposal Conference

Mandatory Job Walk:

Friday, July 19, 2024

10:00AM MT

Indian Peaks Golf Course 2300 Indian Peaks Trail, Lafayette, Colorado 80026

Page 7 of 16 Rev. 9/2023

Prospective Vendors Written Inquiry Deadline (No questions will be accepted after this date and time.)

July 26, 2024 | 5:00PM MT

City’s Response to Written Inquiry On or around July 30, 2024

Proposal Submission Deadline Monday, August 12, 2024 | 5:00PM MT

Interviews/Oral Presentations None

1.3. ADMINISTRATIVE INFORMATION

1.3.I. Official Means of Communication

The RFP is published on the Rocky Mountain E-Purchasing System (Bidnet), so that proposals may be uploaded electronically to that system. The uploaded proposals are sealed by the system and can’t be viewed by the Procurement department or the evaluators until the due date and time have passed. This meets the Colorado procurement code requirement of “sealed proposals”.

The Procurement Manager will post notices that will include, but are not limited to, modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning vendor.

No inquiries will be accepted after the date and time indicated in Section 1.2., Schedule of Activities. Where appropriate, inquiries should include references to any relevant Section/paragraph of the solicitation.

The only official response to an Offeror's inquiries are those responses that are published as a modification in Bidnet. Offerors should not rely on any other statements, whether written or verbal, that alter any specification or other term or condition of this RFP.

It is incumbent upon Offerors to monitor Bidnet carefully and regularly for any such postings prior to the proposal submission deadline, as this is the primary means for communicating any clarifications or changes to solicitation content, timeline and/or requirements.

1.3.II. Modification or Withdrawal of Proposals Proposals may be modified or withdrawn by an Offeror up to twenty-four (24) hours prior to the established due date and time. Withdrawal of an Offeror’s proposal after award is prohibited.

1.3.III. Proposal Submission Proposals must be uploaded to Bidnet at https://www.bidnetdirect.com/Colorado/CityofLafayette on or before the date and time indicated in the Schedule of Activities. Late proposals will not be accepted. It is the responsibility of the Offeror to ensure that the proposal is uploaded on or before the closing date and time.

https://www.bidnetdirect.com/Colorado/CityofLafayette

Page 8 of 16 Rev. 9/2023

The Request for Proposal Cover Page and the Non-Collusion Certificate must both be signed in ink or with a verifiable digital signature by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. The signed Cover Page and Certificate may be scanned and included with the uploaded proposal. Documents signed with DocuSign are acceptable.

1.3.IV. Addendum or Supplement to Request for Proposal In the event that it becomes necessary to revise any part of all of this RFP, an addendum notice will be published on Bidnet.

1.3.V. Oral Presentations/Site Visits The City may, it its sole discretion, request that Offerors make an oral presentation.

1.3.VI. Incurring Costs Offerors are solely responsible for all costs incurred as a result of responding to this solicitation, which may include, but is not limited to, proposal development and materials, meetings, presentations, or negotiations.

1.3.VII. Confidentiality Following the proposal submission deadline, individuals/entities may request from the City a list of the names of the responding Offerors. All other information related to the solicitation process will remain confidential until award.

Following the Notice of Intent to Award, all Offeror proposals will be open to public inspection with exception of information determined to be a trade secret or confidential or proprietary, per §24-72-200.1 et seq., C.R.S., as amended, Colorado Open Records Act.

An Offeror may submit, as a part of its proposal, a written request for classification of certain portions of the proposal as a trade secret or other confidential or proprietary information. Material for which the Offeror is requesting confidentiality shall be readily identifiable and separated from other portions of the proposal to facilitate public inspection of the non-confidential portion of the proposal. Commingling of confidential information and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting Contract will be considered confidential.

The Offeror must include the rationale for any request to classify portions as a trade secret or confidential or proprietary, including references to the authority that allows for such treatment.

In no event shall an entire proposal be classified as confidential.

Any additional Offeror information, which many be a part of evaluation/negotiation process and for which an Offeror claims confidentiality, is subject to the same requirements and processes identified above.

Page 9 of 16 Rev. 9/2023

1.3.VIII. Acceptance of RFP terms A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of the Offeror or an officer of the Offeror legally authorized to execute contractual obligations shall include acknowledgement of this condition. The proposal, including pricing, shall allow for a minimum of 180 calendar days for acceptance by the City, unless otherwise specified in this solicitation.

A submission in response to this RFP acknowledges acceptance by the Offeror of all terms and conditions as set forth herein. An Offeror shall identify clearly and thoroughly any variations between its proposal and this RFP. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

The contents of the proposal of the awarded Offeror will become contractual obligations under the awarded Contract. Failure of the awarded Offeror to accept these obligations may result in cancelation of the award to that Offeror.

1.3.IX. Independent Price Determination By its signature on the Cover Page and Certificate of Non-Collusion the Offeror certifies that the prices and other terms in the proposal have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the proposal by any other competing Offerors. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogues made available to the public by the competing Offerors. No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a proposal for restricting competition per §6-4-101, C.R.S., et seq., (Colorado Antitrust Act of 1992) as amended.

1.3.X. Conflicts of Interest/Ethics The Offeror must disclose in its proposal any potential or actual conflict of interest in connection with a response to this solicitation. A conflict of interest may include, but is not limited to, access to any non-public information by the Offeror regarding the solicitation or its subject matter.

The Offeror acknowledges that even the appearance of a conflict of interest may be harmful to the City’s interests. The Offeror shall disclose in its proposal whether there currently is, or potentially could be, the appearance of a conflict of interest regarding this solicitation, its staff, any proposal subcontractors or partners, or any related business with the City.

Requirements set forth in this Section are continuing requirements throughout the solicitation process and, for the awarded Offeror, the Contract term, including any extensions.

Page 10 of 16 Rev. 9/2023

1.3.XI. Protested Solicitations and Awards Any actual or prospective vendor or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the City’s Finance Department. The protest shall be submitted in writing to the Procurement contact listed above within seven (7) working days after such aggrieved person knows, or should have known, of the facts giving rise thereto (emphasis added).

With regard to the emphasized language above, it is important for Offerors to note that a challenge to the solicitation's requirements or specifications should be made within seven (7) working days of when the protestable item is known. In other words, if you believe that the solicitation contains a requirement you want to protest, the protest should be submitted within the seven (7) working day time period, even if that means it is filed during the time the solicitation is still open.

Announcement of the apparent winning vendor will be made via a posting on Bidnet. The requirement for timely submission of any protest (seven (7) working days) will begin no later than the first working day following posting of the award notice on Bidnet.

1.4. CONTRACT AND TERM

The City’s Sample GENERAL CONTRACT- SHORT FORM (“Contract”) is included as Appendix A of this RFP. Any exceptions to the Contract documentation will be taken into consideration when evaluating proposals submitted. Offerors should submit any requested modifications in a redlined copy of the City’s Contract when submitting their proposal.

The City reserves the right to reject any or all proposed modifications.

The initial term of the awarded Contract is anticipated to begin on or around August 19, 2024.

The City may, within its sole discretion, choose not to exercise any option or extension term in the Contract for any reason. If the City chooses not to exercise any option or extension term, it may re-procure the goods and/or services in its sole discretion.

2. SECTION 2 – REQUIREMENTS AND SCOPE OF WORK

2.1. INSURANCE REQUIREMENTS

Offeror shall, at its own expense, keep in full force and effect during the term of any Contract resulting from this solicitation, and during the term of any extension or amendment to that Contract, insurance as stated below:

• Commercial General Liability Insurance with minimum combined single limits of One Million Dollars and No Cents ($1,000,000.00) for each occurrence and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate

• If professional services are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000.00) per claim and One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate.

• Workers’ Compensation Insurance to cover all obligations imposed by applicable laws for all of the Offeror’s employees engaged in the performance of work under any Contract resulting from this solicitation, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, the Offeror shall require such subcontractor to provide workers’ compensation insurance for its employees.

Page 11 of 16 Rev. 9/2023

• Comprehensive Automotive Liability Insurance for the duration of any Contract resulting from this solicitation, covering all owned, non-owned, and hired vehicles used in connection with the work performed by or on behalf of the Offeror under that Contract, in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limit per occurrence for bodily injury and property damage.

2.2. MANDATORY SUBMISSION REQUIREMENTS

• Signed Request for Proposal Cover Sheet and Non-Collusion Certificate/Cover Letter

• Proposal - Provide a written narrative that defines the methods and means by which the proposing firm will perform the Scope of Work outlined in this RFP. An enhancement to the Scope of Work may be submitted on a separate sheet.

• Certificate of Insurance Information and/or statement of acceptance of and the ability to meet City Insurance requirements.

• At least three (3) reference contacts for similar projects, including names and contact information for individuals who can speak to the team’s qualifications.

• A Customer Support/Staffing Plan detailing primary company personnel and company names of the subcontractor(s) proposed for assignment to the Project team. Identify the company names and experience of staff dedicated to addressing issues that may arise during the term of a contract with the City.

o All key primary company personnel identified in the Staffing Plan shall remain on the team for the duration of the procurement process and execution of the project. If circumstances require a change in the Staffing Plan, it must be submitted in writing to the City, who shall have sole discretion to determine whether to authorize the change, recognizing that certain circumstances may occur that are beyond control.

Unauthorized changes to the Staffing Plan during the procurement process may result in disqualification of a proposal or termination of the contract.

• Proposals will be considered only from firms or individuals that are well established in an appropriate field, who are financially responsible, and who have the resources and ability to provide services in a professional and timely manner. The City may request additional information as deemed necessary. The City reserves the right to obtain financial data or other supplemental information concerning the firm and/or its subcontractors.

2.3. SCOPE OF WORK

• Develop a “staged” plan and schedule, with City of Lafayette Facilities Maintenance, to clean and prep an existing concrete surface to install tile over the existing concrete patio area in a way that guarantees adhesion.

• Remove and discard all demo material on a daily basis while maintaining dust and debris within the work area, limiting infiltration into other areas through proper containment.

Page 12 of 16 Rev. 9/2023

• Establish and maintain a safe work site to prevent traffic & pedestrians from entering the work area during all work times, days, and phases.

• Service provider will supply all their own equipment, supplies, and personnel to accomplish the outlined repairs.

• Service provide is responsible for all code compliance, including pulling required permits.

Permit fees will be waived for projects on City facilities.

2.4. REQUESTED PROPOSAL FORMAT

Proposals should cover the following areas, with an emphasis on how these areas relate to the evaluation criteria listed in SECTION 3 below.

2.4.I. Demonstrated Experience and Capabilities

• Offeror’s Response – Describe how the Offeror’s experience and capabilities make it the ideal candidate to perform the work. Describe experience with similar projects.

• Offeror’s Response – Indicate key personnel who will be assigned to the project and describe their experience.

2.4.II. Technical/Business Proposal

• Offeror’s Response – Offer shall describe how they will accomplish the Scope of Work detailed in Section 2.3 of this solicitation.

2.4.III. Cost Proposal

• Offeror’s Response – Proposed pricing must remain firm during the initial term of the Contract. Pricing must include any fees associated with the delivery of the goods or services, including, but not limited to, shipping, installation, travel, or other implementation costs.

o A detailed quote (preferably from an established software such as RSMeans or in similar form) calling out Materials & Labor for each stage of execution of the project. If weekend work is being proposed, include the premium expected to pay for this timing above and beyond the costs of a regular Monday thru Friday install.

o Provide and ADD/ALT line item to include the heating of the tile surface during the late fall and early spring months. Electrical provided to the location of need will be installed by the City of Lafayette Facilities Maintenance team.

o A Gantt Chart illustrating the stages and workdays to complete the project for the flooring to be replaced.

Page 13 of 16 Rev. 9/2023

3. SECTION 3 – EVALUATION METHODOLOGY & AWARD

3.1. EVALUATION PROCESS

A comprehensive, thorough, complete, and impartial evaluation of each proposal received will be conducted. The award shall be made to the responsible Offeror whose proposal is determined to be the most advantageous to the City, taking into consideration the price and evaluation factors set forth in this Request for Proposal.

3.2. EVALUATION COMMITTEE

An Evaluation Committee will be established utilizing measures to ensure the integrity of the evaluation process. These measures include the following:

• Selecting committee members who do not have a conflict of interest regarding this solicitation.

• Facilitating the independent review of proposals.

• Requiring the evaluation of the proposals to be based strictly on the content of the proposals.

• Ensuring the fair and impartial treatment of all Offerors.

The objective of the Evaluation Committee is to conduct reviews of the proposals that have been submitted, to hold frank and detailed discussions among themselves, and to recommend an Offeror for award.

3.3. PROPOSAL EVALUATION CRITERIA

• The City will evaluate proposals to determine if each Offeror meets all mandatory qualification requirements; provided, however, that the City has the authority to waive non-material mandatory requirements in certain circumstances. The mandatory qualification requirements are scored on a Met/Not Met basis and only those proposals found to meet all mandatory requirements, other than non-material mandatory requirements waived by the City, can be considered for a Contract resulting from this solicitation.

• Proposals will be evaluated by the Evaluation Committee using the evaluation criteria listed below. The evaluators will consider whether the Scope of Work requirements in the solicitation have been addressed, and they will review the capabilities of the Offeror, as well as the quality of the approach proposed, the price, and any other aspect determined relevant to the evaluation criteria.

• The evaluation criteria to be used in evaluating the proposals are as follows (and are listed in no particular order):

Experience 50 points Price 50 Points

TOTAL SCORE 100 points

3.4. DEMONSTRATIONS AND DISCUSSIONS

The Evaluation Committee may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request best and final offers. Discussions may be held with responsible offerors whose proposals are determined to be reasonably susceptible to be selected for award to:

Page 14 of 16 Rev. 9/2023

a. Promote understanding of the City’s requirements and the Offerors’ proposals; and

b. Facilitate a Contract that will be most advantageous to the City taking into consideration price and the other evaluation factors set forth in the request for proposals.

The Evaluation Committee may adjust its scoring based on the results of such activities. However, proposals may be reviewed and determinations made without such activities. Offerors should be aware that the opportunity for further explanation might not exist; therefore, Offerors should ensure that their submission is complete, and are encouraged to submit their best possible proposal, including pricing.

3.5. SINGLE PROPOSAL

If only one bid or proposal is received in response to a solicitation, an award may be made to the single bidder or Offeror if the procurement official finds that the price submitted is fair and reasonable and that other prospective bidders or Offerors had reasonable opportunity to respond.

3.6. AWARD

A Notice of Intent to Award will be published on Bidnet.

The award determination is ultimately a business decision that will reflect an integrated assessment of the relative merits of the proposals received, using the factors set forth in Section 3.3. The City intends to award Contract(s) to the Offeror(s) whose proposal(s), conforming to the solicitation, will be most advantageous to the City, price and other factors considered.

The City reserves the right to award to multiple offerors if is determined to be in the best interest of the City.

Page 15 of 16 Rev. 9/2023

APPENDIX A – SAMPLE CONTRACT

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 1 City of Lafayette, 1290 South Public Road, Lafayette, CO 80026; Phone 303-665-5588 (Form Approved by City Attorney August 2022)

Project:

Contractor:

Total Cost:

Term:

Acct. or P.O. #:

GENERAL CONTRACT – SHORT FORM

FOR GOODS AND/OR SERVICES LESS THAN $50,000

THIS AGREEMENT (“Agreement”), is made this _____ day of ________, 20__, between the City of Lafayette, a Colorado home rule city and municipal corporation, hereinafter referred to as “LAFAYETTE,” whose address is 1290 South Public Road, Lafayette, Colorado, 80026, and _________________________________________________, as independent contractor, hereinafter referred to as “CONTRACTOR,” whose address is

, and provides as follows:

ARTICLE I

SCOPE OF SERVICES

Section 1.1 Services: LAFAYETTE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/or furnish the necessary equipment, supplies or materials in accordance with and/or as described in Schedule

A, hereinafter referred to as the “Project”. Schedule A is hereby incorporated by reference and made a part of this Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Additional goods or services beyond those set out in

Schedule A, if requested, shall be provided only when authorized in writing by LAFAYETTE.

Section 1.2 Contract Time: CONTRACTOR shall commence work upon direction to proceed from LAFAYETTE and complete the Project on or before ____________, 20__.

Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to LAFAYETTE’s right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of LAFAYETTE.

Section 1.4 Warranty of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to LAFAYETTE, either by incorporation in the Project or upon CONTRACTOR’s receipt of payment from

LAFAYETTE, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, or by any other person performing services at the site or furnishing materials and equipment for the Project, subject to an agreement under which an elizabeth.messner Typewritten Text

APPENDIX A

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 2

(Form Approved by City Attorney August 2022) interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by

CONTRACTOR or such other person.

CONTRACTOR warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in Schedule A.

ARTICLE II

CONTRACT PRICE

Section 2.1 Contract Price: In consideration for the completion of the Project by

CONTRACTOR in accordance with the terms of this Agreement, LAFAYETTE shall pay

CONTRACTOR (check and initial below as applicable):

______ As described in Schedule A.

______ A fixed sum of $_______________________.

______ Based upon a time, materials and expenses basis, pursuant to the rate schedule attached hereto as Schedule A, but in no event shall the total compensation to CONTRACTOR under this Agreement exceed $ ______________________.

______ On a unit-price basis, in an amount equal to the sum of the unit price set forth in Schedule A for each separately identified item of unit price work, times the quantity of that item, as estimated in Schedule A, but in no event shall the total compensation to CONTRACTOR under this Agreement exceed $____________________.

Section 2.2 Payment: LAFAYETTE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after invoices submitted by

CONTRACTOR, which invoice(s) may not be submitted more frequently than monthly. Invoices shall indicate the basis upon which payment is requested, such as percentage of the Project completed, or actual time, materials and expenses. LAFAYETTE shall submit invoice disputes, if any, to CONTRACTOR within thirty (30) days for resolution by mutual consent.

Section 2.3 Set-Off: In addition to any other rights LAFAYETTE has under this

Agreement to indemnification or recoupment, CONTRACTOR agrees that LAFAYETTE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment.

Section 2.4 No Multi-Year Fiscal Obligation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20.

Notwithstanding any other provision of this Agreement, LAFAYETTE’s obligations under this

Agreement are subject to annual appropriation by the City Council of the City of LAFAYETTE.

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 3

(Form Approved by City Attorney August 2022)

Any failure of a City Council annually to appropriate adequate monies to finance LAFAYETTE’s obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies.

Section 2.5 Appropriation: If this is a contract for the design or construction, or both the design and construction of a public works project, LAFAYETTE has appropriated funds equal to or in excess of the Contract Price.

ARTICLE III

ADMINISTRATION OF THIS AGREEMENT

Section 3.1 Project Performance: In consideration of the compensation provided for in this Agreement, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all materials incorporated in the Project be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment by LAFAYETTE.

Section 3.2 Ownership and Use of Documents: (check and initial all that apply)

(a) The following Sections 3.2(a)(1) and (2) are applicable to design professionals (architects, engineers, surveyors, etc.):

(1) The documents prepared by CONTRACTOR in connection with the

Project and copies thereof furnished to other parties are for use solely with respect to the Project.

Such documents are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work under this Agreement without the specific written consent of LAFAYETTE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by

CONTRACTOR appropriate to and for use in the execution of their work under this Agreement.

All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR.

(2) Notwithstanding the provisions of Section 3.2(a)(1) above, LAFAYETTE may utilize any such documents generated in connection with the Project by

CONTRACTOR for other projects, provided that CONTRACTOR is not held liable for future project applications other than the Project described pursuant to this Agreement.

(b) The following Sections 3.2(b)(1) through (3) are applicable to nonprofessionals (contractors, suppliers, etc.):

(1) Any documents prepared by CONTRACTOR, and copies thereof furnished to other parties are for use solely with respect to this Project. They are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 4

(Form Approved by City Attorney August 2022) scope of the work without the specific written consent of LAFAYETTE and CONTRACTOR.

Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by the CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR.

(2) CONTRACTOR, and any subcontractor or supplier or other person or organization performing or furnishing any work for the Project under a direct or indirect contract with LAFAYETTE (i) shall not have or acquire any title to or ownership rights in any of any documents (or copies of documents) prepared in connection with the Project by a design professional, and (ii) shall not reuse any of such documents or copies for extensions of the Project or any other project without written consent of LAFAYETTE and the design professional and specific written verification or adaption by the design professional.

(3) Notwithstanding the provisions of Sections 3.2(b)(1) and (2) above, LAFAYETTE may utilize any documents generated in connection with the Project by a design professional or CONTRACTOR for other projects, provided that such design professional and

CONTRACTOR are not held liable for future project applications other than the Project described pursuant to this Agreement. LAFAYETTE shall not convey any such documents generated by

CONTRACTOR to a third party or use any such documents in a manner adverse to the

CONTRACTOR.

Section 3.3 Insurance: CONTRACTOR shall at its own expense keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, insurance as stated below:

(a) Commercial General Liability Insurance with minimum combined single limits of

One Million Dollars and No Cents ($1,000,000.00) for each occurrence and One Million Five

Hundred Thousand Dollars and No Cents ($1,500,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall endorse LAFAYETTE and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds.

(b) If professional services are provided, Professional Liability Insurance with limits of One Million Dollars and No Cents ($1,000,000.00) per claim and One Million Five Hundred

Thousand Dollars and No Cents ($1,500,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project.

(c) Workers’ Compensation Insurance to cover all obligations imposed by applicable laws for all of CONTRACTOR’s employees engaged in the performance of work under this

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 5

(Form Approved by City Attorney August 2022)

Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers’ compensation insurance for its employees.

(d) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non-owned, and hired vehicles used in connection with the work performed by or on behalf of CONTRACTOR under this Agreement in an amount not less than Five Hundred

Thousand Dollars and No Cents ($500,000.00) combined single limit per occurrence for bodily injury and property damage.

(e) All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. A copy of each such policy or certificate shall be provided to LAFAYETTE within five (5) business days of the complete execution of this Agreement and shall be attached to this Agreement. CONTRACTOR shall be responsible for notifying LAFAYETTE within five (5) business days of any material modification to, or cancellation of, these policies during the term of this Agreement, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment.

Section 3.4 Colorado Government Immunity Act: The parties hereto understand and agree that LAFAYETTE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as may be amended, or those otherwise available to LAFAYETTE, its officers or its employees.

Section 3.5 Indemnification: (check and initial all that apply)

(a) The following Section 3.5(a) is applicable to design professionals

(architects, engineers, surveyors, etc.):

CONTRACTOR shall defend, indemnify, and hold harmless LAFAYETTE and its agents and employees from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless, or intentional act or omission of CONTRACTOR or its directors, officers, employees, agents, representatives, subcontractors, suppliers, consultants, or fiduciaries, or for anyone directly employed by CONTRACTOR, or for anyone for whose acts CONTRACTOR may be liable. CONTRACTOR’S duty to defend, indemnify, and hold harmless hereunder shall be limited to the extent of, and for an amount represented by, CONTRACTOR’S degree or percentage of fault attributable to CONTRACTOR or its directors, officers, employees, agents, representatives, subcontractors, suppliers, consultants, or fiduciaries, as determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between

CONTRACTOR and LAFAYETTE, and CONTRACTOR shall be obligated hereunder to pay all

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 6

(Form Approved by City Attorney August 2022) expenses incurred by LAFAYETTE (including, but not limited to, costs and reasonable attorney fees incurred in such adjudication, alternative dispute resolution, or other resolution proceedings) in connection with the defense of any claim pursuant to CONTRACTOR’s duty to defend. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any person described in this Section 3.5(a).

(b) The following Section 3.5(b) is applicable to nonprofessionals (contractors, suppliers, etc.):

CONTRACTOR shall defend, indemnify, and hold harmless LAFAYETTE and its agents and employees from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss, or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless, or intentional act or omission of CONTRACTOR or its directors, officers, employees, agents, representatives, subcontractors, suppliers, or consultants, or of anyone directly employed by CONTRACTOR, or of anyone for whose acts CONTRACTOR may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any person described in this Section 3.5(b).

Section 3.6 Subcontractor(s): CONTRACTOR shall, as soon as practicable after the signing of this Agreement, notify LAFAYETTE in writing for LAFAYETTE’s approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. LAFAYETTE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to LAFAYETTE.

Section 3.7 Termination for Convenience: This Agreement may be terminated by

LAFAYETTE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, LAFAYETTE will pay CONTRACTOR for all services satisfactorily performed and for goods provided to date of termination. If payment is otherwise due in a fixed sum, LAFAYETTE will pay CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR has substantially or materially breached the standards or terms of this Agreement, LAFAYETTE shall have any remedy or right to set off available at law and equity.

Section 3.8 Binding Effect/Non-Assignability: LAFAYETTE and CONTRACTOR each binds itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither LAFAYETTE nor CONTRACTOR shall assign or transfer its interest in, or obligations under, this Agreement without the written consent of the other.

Section 3.9 Compliance with Law: CONTRACTOR agrees to perform the work in compliance with all applicable federal, state, county and city laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado labor as may be required

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 7

(Form Approved by City Attorney August 2022) pursuant to Article 17, of Title 8 of the Colorado Revised Statutes (the “Keep Jobs in Colorado

Act”), as may be amended.

Section 3.10 Notice and Communications: Any notice to the parties required under this

Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand delivery shall be utilized for notice required to be given under this Agreement. Facsimile and e-mail addresses are provided for convenience only. However, copies of mailed or hand-delivered notices may be sent to the parties via e-mail or facsimile.

LAFAYETTE: CONTRACTOR:

City of Lafayette

1290 South Public Road

Lafayette, Colorado 80026

Attn:

Telephone:

Facsimile:

E-mail:

Attn:

Telephone:

Facsimile:

E-mail:

ARTICLE IV

RESPONSIBILITIES OF LAFAYETTE

Section 4.1 Project Materials/Confidentiality: LAFAYETTE shall provide

CONTRACTOR with data, information, reports and other such documentation as may be reasonably available to LAFAYETTE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by

CONTRACTOR to third parties without prior written consent of LAFAYETTE. All documents provided by LAFAYETTE to CONTRACTOR shall be returned to LAFAYETTE.

CONTRACTOR is authorized by LAFAYETTE to retain copies of such data and materials at

CONTRACTOR’S EXPENSE.

Section 4.2 Access to Property and Records: LAFAYETTE shall provide

CONTRACTOR with access to its property as required and necessary to complete the Agreement.

To the extent required by law, LAFAYETTE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-101, et seq. as may be amended. CONTRACTOR agrees to hold LAFAYETTE harmless from the disclosure of any records that LAFAYETTE reasonably believes it is legally required to disclose.

Section 4.3 LAFAYETTE’s Representative: LAFAYETTE shall designate, in writing, a representative who shall have authority to act for LAFAYETTE with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 8

(Form Approved by City Attorney August 2022) instructions, receive information, interpret and define LAFAYETTE’s policies and decisions with respect to materials, equipment, elements and systems pertinent to CONTRACTOR’s services.

ARTICLE V

MISCELLANEOUS

Section 5.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in Boulder County.

Section 5.2 Amendments; Change Orders: This Agreement may only be amended, supplemented or modified in a written document signed by both parties (a “Change Order”). If this is a contract for the design or construction, or both the design and construction of a public works project, no change in the Contract Price requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for the original Agreement, shall be valid, unless LAFAYETTE gives

CONTRACTOR written assurance that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to the performance of the additional work, or unless such work is covered under a remedy-granting provision in this

Agreement.

Section 5.3 Counterparts and Signatures. This Agreement may be executed by the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. Each of the parties shall be entitled to rely upon a counterpart of the instrument executed by the other party and sent by facsimile or electronic transmission. The parties further agree this Agreement may be executed by electronic signatures, and any electronic signatures, electronic record of this Agreement containing an electronic signature, or a paper copy of an electronic signature shall be binding upon the party providing such electronic signature as if it were the party’s original signature.

Section 5.4. Severability: If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties.

Section 5.5. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement.

No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party to this

Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement.

Section 5.6. Default/Attorney’s Fees: In the event of default of any of the provisions herein, the defaulting party shall be liable to the non-defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default.

General Contract – SHORT FORM (Goods and/or Services Less Than $50,000) Page 9

(Form Approved by City Attorney August 2022)

Section 5.7. No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by LAFAYETTE shall not constitute a waiver of any of the other terms or obligations of this Agreement.

IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above.

CITY OF LAFAYETTE

By:

Name:

Title:

ATTEST:

Lynnette Beck, CMC, City Clerk

APPROVAL AS TO FORM:

Mary Lynn Macsalka, City Attorney

CONTRACTOR

By:

Name:

Title:

SCHEDULE A

(Attached to and made a…