RFP-25-12-PROS City Park Irrigation Main Line, Valve, and Wiring Replacement.pdf

Page 1 of 30 Rev. 9/2023

Request for Proposal

RFP-25-12-PROS

City Park Irrigation Main Line, Valve, and Wiring Replacement

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

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

RFP Release Date: April 4, 2025 Proposal Due Date: May 5, 2024 City of Lafayette 1290 South Public Road Lafayette, Colorado 80026

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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. BONDS

2.3. MANDATORY SUBMISSION REQUIREMENTS

2.4. SCOPE OF WORK

3. SECTION 3 – EVALUATION METHODOLOGY & AWARD

3.1. EVALUATION PROCESS

3.2. EVALUATION COMMITTEE

3.3. PROPOSAL EVALUATION CRITERIA

3.4. DEMONSTRATIONS AND DISCUSSIONS

3.5. SINGLE PROPOSAL

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3.6. AWARD

APPENDIX A – SAMPLE CONTRACT .................................................................................................. 15-30

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REQUEST FOR PROPOSAL COVER SHEET & SIGNATURE PAGE

RFP 25-12-PROS

Proposal Submission Deadline:

May 5, 2025

Submit Sealed Proposals to:

bidnetdirect.com/Colorado/CityofLafayette

Project Manager:

Zack Juth zachary.juth@lafayetteco.gov

Procurement Manager:

Elizabeth Messner Elizabeth.Messner@lafayetteco.gov

Parks-Bathroom/Shelter/Exteriors Painting

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.

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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 City Park Main Line, Valve, and Wiring Replacement.

(Offeror Name)

By: _______________________________________________ (Authorized Signature)

Title: _______________________________________________

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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

Installation of new main line, valves, and wiring at City Park.

SCHEDULE OF ACTIVITIES

Activity Date and Time

RFP Issued via Rocky Mountain E- Purchasing System/Bidnet

April 4, 2025

Pre-Proposal Conference NA

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

April 21, 2025

City’s Response to Written Inquiry April 28, 2025

Proposal Submission Deadline May 5, 2025

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1.2. ADMINISTRATIVE INFORMATION

1.2.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.

1.2.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.

1.2.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.

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.

1.2.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.

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1.2.V. Oral Presentations/Site Visits

The City may, it its sole discretion, request that Offerors make an oral presentation.

1.2.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.

1.2.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.

1.2.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

Page 9 of 30 Rev. 9/2023 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.

1.2.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.

1.2.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.

1.2.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.

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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.

1.3. CONTRACT AND TERM

The City’s Sample CONSTRUCTION CONTRACT- (“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 October 20th, 2025 and end on December 31st, 2025.

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.

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. BONDS

Each bid shall be accompanied by a bid guarantee bond, or certified cashier's check made payable City of Lafayette in an amount not less than five (5) percent of the amount of the bid as a guarantee that the bidder will execute the Contract, if awarded. The bond shall be forfeited to the City if a bid is accepted and the bidder fails to sign a contract within fifteen (15) days of acceptance

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The bidder to whom a Contract is awarded shall be required to furnish both a Performance Bond and Payment Bond acceptable to the City of Lafayette for 100% of the Contract Price for each bond, in accordance with the requirements of the Contract Documents.

2.3. MANDATORY SUBMISSION REQUIREMENTS

o Signed Request for Proposal Cover Sheet and Non-Collusion Certificate/Cover Letter o Summary of Company Credentials, including three (3) references for similar work.

o Completed Bid Sheet; the proposed price shall be exclusive of any Federal or State taxes from which the City is exempt by law. 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 Proposal – Offerors are encouraged to be concise, and proposals must include, but not be limited to:

A detailed listing of all parts proposed with cut sheets providing all specifications.

Full description of the extent of the product warranty provided for all parts.

Full description of the extent of the workmanship warranty.

Installation schedule.

Qualifications of key personnel assigned to this project; may include licenses, certifications, and bonding.

A listing of at least three (3) local customer sites where comparable work has been done, including the name and phone number of the contact person for each site.

o Insurance Information o Bid Bond; electronic copies can be uploaded in Bidnet with the proposal if the surety’s corporate seal is fully visible and legible.

o Completed W-9

The Mandatory Submission 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.

2.4. SCOPE OF WORK

1. The contract work to be performed consists of furnishing all required labor, materials, equipment, parts and supplies necessary for the installation of new irrigation mainline, valves, valve boxes, wiring, and decoders at City Park.

2. Existing valve boxes, isolation valves, and zone valves must be removed and returned to the City.

3. All trenches must be bedded with clean fill soil at a 2” depth, water settled and raked at finished grade. Trenches must be seeded with Simplot Athletic Field mix seeded at a rate of 4 lbs. per 1000 square foot. Seed should be raked into soil.

4. Mainline installation shall begin immediately after the existing master valve with a 30” run of 3” CL200 PVC, a Flowmec QS200-30 installed to specifications, and a 15” run of 3” CL200 PVC that upsizes to 4”. Remaining mainline shall be 4”, CL200 PVC, buried at a minimum depth of 18” from top of mainline. (Quantity: approximately 1820’).

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5. All turns in mainline shall be thrust blocked appropriately to prevent separation of pipe on each side of the turn.

6. Irrigation wire shall be Rainbird two-wire cable, buried at the side of the mainline. Coil 3’ of two-wire cable in each valve box. (Quantity: approximately 2180’). Wire shall be installed in Rainbird IVM controller. A separate 2-wire run should be installed to connect the master valve and flow sensor to the Rainbird IVM controller.

7. Existing sleeves shall be used for wire runs to the irrigation controller.

8. Decoders shall be Rainbird-LX IVM-SOL two-wire solenoids (Quantity: 12 + 2 master valve/flow senor). All wire connections must be made with DBY/R waterproof connections.

9. Any wire splices must be covered in a 10-inch round box.

10. Grounding rod shall be installed a minimum of 10-ft away from the controller, with #6 AWG solid bare copper wire running to the clock.

11. Surge arrest decoders must be used every 500-ft or every 8 decoders. Install grounding rods 20-feet from all valves in a 10-inch round box. Surge arrest decoders shall be connected to grounding rod with #6 AWG solid bare copper wire using a welded grounding clamp.

12. Grounding rod shall be 3/4-inch diameter by 10-foot length, copper clad, driven into the ground with the top 6” below grade. Grounding rods should be covered by 10” round box set level with grade.

13. Zone Valves shall be Rainbird 200-PEB 2” or 300BPES 3” Commercial Valves -sizes specified on attached irrigation plans. New mainline shall be connected to valve with Spears PVC True Union Ball Valve. Existing lateral line shall be connected to outward side of valve with PVC Schedule 40 Male Adapter.

14. Zone valve boxes shall be Applied Engineering Products 1320T Jumbo boxes, green in color.

Valve boxes shall be placed level with finished grade, set on bricks (1 in each corner), with 3-inch minimum depth of ¾ inch washed gravel at bottom of box. Flow sensor and master valve shall be installed with Applied Engineering 1320T Jumbo Valve box as well.

15. Isolation Gate Valves shall be Matco 10RS11N 4” threaded, square key (Quantity: 5).

16. 1” Brass Quick Coupler shall be installed after the flow sensor.

17. Provide zone list and corresponding decoder ID list to City of Lafayette Parks Department. Zone list/order shall be determined by the City of Lafayette Parks Department.

18. GIS maps shall be provided showing mainline and valve locations.

Alternate Options to Bid:

1. Sod removal before trenching and replacement of existing sod after trench settling and grading.

2. Use of ductile iron mechanical fittings for all mainline connections before the zone valve.

3. Run secondary Rainbird two-wire of a different color to be used as a spare.

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.

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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):

1. Overall Price 0-25

2. Warranty 0-25

3. Vendor Experience 0-25

4. References 0-25

MAXIMUM 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

Page 14 of 30 Rev. 9/2023 whose proposals are determined to be reasonably susceptible to be selected for award to:

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.

Project:

Contractor:

Total Cost:

Term:

Acct. or P.O. #

GENERAL CONTRACT – LONG FORM

FOR GOODS AND/OR SERVICES OF $50,000 OR MORE,

OR FOR DESIGN OF PUBLIC WORKS, OR FOR CONSTRUCTION OF PUBLIC

WORKS $50,000 TO $150,000

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

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 interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person.

APPENDIX A SAMPLE CONTRACT

General Contract – LONG FORM (Goods and/or Services $50,000 or More, or Design and/or Construction $50,000 to $150,000) City of Lafayette, 1290 South Public Road, Lafayette, CO 80026; Phone: 303-665-5588

Form Approved by City Attorney August 2022 Page 2

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.

______ As described in Schedule A, but in no event shall the total compensation to CONTRACTOR under this Agreement exceed $_______________.

_______ 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 Expenses: LAFAYETTE shall shall not reimburse CONTRACTOR for actual cost of administrative expenses associated with this Agreement such as long distance telephone, facsimile transmissions, photocopies, reproduction of exhibits, travel expenses and

Section 2.4 Final Settlement: [Applicable to all contracts for construction, repair, or remodel of any public building or any public works for more than $50,000; if the Contract Price is less than $50,000, this provision shall be applicable only if specifically checked and initialed by CONTRACTOR and LAFAYETTE below.]

General Contract – LONG FORM (Goods and/or Services $50,000 or More, or Design and/or Construction $50,000 to $150,000)

Form Approved by City Attorney August 2022 Page 3

(a) If, on the basis of LAFAYETTE's observation of the Project during construction and final inspection, and LAFAYETTE's review of the final invoice and accompanying documentation as required by this Agreement, LAFAYETTE is satisfied that the Project has been completed and CONTRACTOR's other obligations under this Agreement have been fulfilled, LAFAYETTE will, within ten days after receipt of the final invoice, schedule a date for final settlement, which date shall be within 60 days after the Work is completed satisfactorily and finally accepted by the City. The date of final settlement shall be duly advertised at least 10 days prior thereto by publication of notice thereof at least twice in a public newspaper of general circulation published in Boulder County. Alternatively, LAFAYETTE will return the invoice to CONTRACTOR, indicating in writing the reasons for refusing to schedule final settlement, in which case CONTRACTOR shall make the necessary corrections and resubmit the invoice.

(b) If LAFAYETTE receives, at any time up to and including the date of final settlement, a notarized statement by any person, partnership, or corporation, or other entity that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or its Subcontractor(s) in or about the performance of the Project, or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the Project, whose claim therefor has not been paid by CONTRACTOR or any Subcontractor(s), LAFAYETTE shall withhold from all payments to CONTRACTOR sufficient funds to insure the payment of said claims until the same have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with LAFAYETTE a receipt in full or an order for withdrawal in writing and signed by the person filing such claim or his duly authorized agent or assign. Such funds shall not be withheld longer than 90 days following the date of final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a notice of such pending action is filed with LAFAYETTE.

(c) At the expiration of such 90-day period, LAFAYETTE shall pay to CONTRACTOR such monies and funds as are not the subject of suit and pending action notices and shall retain thereafter, subject to the final outcome thereof, only sufficient funds to insure the payment of judgments that may result from such suit. At any time within 90 days following the date of final settlement as published, any claimant whose claims have not been paid by CONTRACTOR or any Subcontractor(s) may commence an action to recover the same, individually or collectively, against the surety on the bonds provided herein.

(d) Whenever a notarized statement of a claim has been filed in accordance with this Section, CONTRACTOR may substitute a bond, pursuant to C.R.S. § 38-26-108, as may be amended at which time LAFAYETTE shall release the funds being withheld pursuant to the notarized statement of claim on the same terms and conditions as if the notarized statement of claim had been released by the claimant.

Section 2.5 No Lien Rights: [Applicable to all contracts for design, construction, repair, or remodel of any public building or any public works.]

CONTRACTOR understands that this is a contract for the design, construction, repair, or remodel of a public building or public work, and is therefore governed by C.R.S. §§ 38-26-105 through 107 as may be amended. CONTRACTOR further understands that these statutory

General Contract – LONG FORM (Goods and/or Services $50,000 or More, or Design and/or Construction $50,000 to $150,000)

Form Approved by City Attorney August 2022 Page 4 provisions are in lieu of any lien rights. CONTRACTOR further understands that failure on the part of CONTRACTOR, any Subcontractor(s) or any other entity furnishing labor or supplies to the Project to follow the said statutory provisions in filing any claim for payment, and that failure on the part of any such claimant to comply with said statutory requirements shall relieve LAFAYETTE from any liability for making payment to such claimant. CONTRACTOR agrees to include this provision in any and all Subcontracts.

Section 2.6 LAFAYETTE's Right to Withhold: Notwithstanding any other provision of this Agreement and without prejudice to any of LAFAYETTE's rights or remedies, LAFAYETTE shall have the right at any time or times, whether before or after approval of any pay request, to deduct and withhold from any payment that may be due under this Agreement such amount as may reasonably appear necessary to compensate LAFAYETTE for any actual or prospective loss due to:

(a) work that is defective, damaged, flawed, unsuitable, nonconforming or incomplete;

(b) damage for which CONTRACTOR is liable under this Agreement;

(c) liens or claims of liens regardless of merit;

(d) claims of subcontractors, suppliers or other person regardless of merit;

(e) delay in the progress or completion of the Project;

(f) inability of CONTRACTOR to complete the Project;

(g) reasonable doubt that the unpaid balance available under the Agreement is adequate to cover actual or liquidated damages, if any;

(h) failure of CONTRACTOR properly to complete or document any pay request;

(i) any other failure of CONTRACTOR to perform any of its obligations under this Agreement; or

(j) the cost to LAFAYETTE, including attorneys' fees and administrative expenses, for correcting any of the aforesaid matters or exercising any one or more of LAFAYETTE's remedies.

Section 2.7 Liquidated Damages: If CONTRACTOR fails to comply with the completion date set forth in Section 1.2, subject to any extensions of time provided for by written agreement, CONTRACTOR shall pay to LAFAYETTE $_________ per day as liquidated damages therefor until the Project is completed. The parties agree that this provision for liquidated damages is not in the nature of a penalty, but is assessed by the parties by reason of the inability of a judge or jury to determine the amount of compensation due LAFAYETTE in the event of such default.

Section 2.8 Set Off: In addition to any other rights LAFAYETTE has under this Agreement to indemnification or recoupment, CONTRACTOR agrees that LAFAYETTE is

General Contract – LONG FORM (Goods and/or Services $50,000 or More, or Design and/or Construction $50,000 to $150,000)

Form Approved by City Attorney August 2022 Page 5 entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment.

Section 2.9 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. 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 2.10 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 all materials incorporated in the Project to 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 Oversight: All of the work associated with the Project shall be performed under the direction of ________________________; it is expressly understood and agreed that some of the work may have commenced prior to the formal execution of this Agreement, in which event such work is incorporated into the Project and is deemed to have been and is authorized by this Agreement.

Section 3.3 Ownership and Use of Documents: (check and initial all that apply)

______ (a) The following Sections 3.3(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 3.3(a)(1) above, General Contract – LONG FORM (Goods and/or Services $50,000 or More, or Design and/or Construction $50,000 to $150,000)

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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 3.3(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 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 3.3(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 3.4 Insurance:

(a) CONTRACTOR shall at its own expense procure a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by CONTRACTOR under this Agreement. Such insurance shall be in addition to the insurance requirements below or otherwise imposed by law.

(b) 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:

(1) 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

General Contract – LONG FORM (Goods and/or Services $50,000 or More, or Design and/or Construction $50,000 to $150,000)

Form Approved by City Attorney August 2022 Page 7 injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, completed operations, explosion, collapse, and underground hazards.

(2) If professional services (architecture, engineering, design, etc.) 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.

(3) 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 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.

(4) 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.

(c) The insurance policies required by Subsection 3.4(b)(1) shall name LAFAYETTE and its employees and agents as additional insureds and shall contain waiver of subrogation provisions. No additional insured endorsement to a policy shall contain any exclusion for bodily injury or property damage arising from completed operations.

(d) Every policy required under this Section shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds, and that any insurance carried by LAFAYETTE, its officers, or its employees, or carried by or provided through any insurance pool of LAFAYETTE, shall be excess and not contributory insurance to that provided by CONTRACTOR. CONTRACTOR shall be solely responsible for any deductible losses under any policy required above. Any insurance policy required under this Agreement shall be written by a responsible company or companies authorized to do business under the laws of the State of Colorado, subject to the approval of LAFAYETTE.

(e) Prior to commencement of work under this Agreement, CONTRACTOR shall provide LAFAYETTE with certificate(s) of insurance completed by CONTRACTOR’s insurer(s) as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days’ prior written notice has been given to LAFAYETTE. The completed certificate(s) of insurance shall be sent to:

City of Lafayette 1290 South Public Road

General Contract – LONG FORM (Goods and/or Services $50,000 or More, or Design and/or Construction $50,000 to $150,000)

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Lafayette, Colorado 80026 Attn: _________________

(f) CONTRACTOR shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section by reason of CONTRACTOR's failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amount, duration or type. Failure on the part of CONTRACTOR to procure or maintain policies providing the required coverage, conditions and minimum limits shall constitute a material breach of contract upon which LAFAYETTE may immediately terminate this Agreement, or at its discretion LAFAYETTE may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by LAFAYETTE shall be repaid by CONTRACTOR to LAFAYETTE upon demand, or LAFAYETTE may withhold the cost of the premiums from any monies due to CONTRACTOR from LAFAYETTE.

Section 3.5 Colorado Governmental 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, Sections 24-10-101 et seq., C.R.S., as may be amended, or those otherwise available to LAFAYETTE, its officers, or its employees.

General Contract – LONG FORM (Goods and/or Services $50,000 or More, or Design and/or Construction $50,000 to $150,000)

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Section 3.6 Indemnification:

(a) Indemnification requirements for nonprofessionals (contractors, suppliers, etc.).