RFP 26004 -Lindsey-Flanigan AV Systems.pdf

STATE OF COLORADO JUDICIAL DEPARTMENT

REQUEST FOR PROPOSAL

Lindsey-Flanigan Courthouse Audio Visual and Electronic Presentation Systems

Notice: Respondents must be registered as a Vendor with the Colorado Judicial Department’s Electronic Bidding System web site to receive addenda, modifications or notices that may affect your proposal. To register visit:

Bidnet Direct

SOLICITATION NUMBER: 26004

TABLE OF CONTENTS

PAGE #

REQUEST FOR PROPOSAL

Section 1. Opportunity

Section 2. Administrative Information

Section 3. Proposal Contents

Section 4. Evaluation Criteria

Section 5. Solicitation Scope of Work

Section 6. Inquiries

Section 7. Sample Contractor Agreement

Exhibit A. Scope of Work

Exhibit B. Pricing, Compensation, and Payment Schedule

Exhibit C. Pricing Response Section

Exhibit D. 21XR FEDERAL PROVISIONS

Exhibit E. C.R.S §§ 24-92-203 and 24-92-204 http://www.bidnetdirect.com/officeofthestatecourtadministratorcoloradojudicial

Section 1. Opportunity

A. Summary: The State of Colorado Judicial Department, by and through the Office of the State Court Administrator, Information Technology Services (ITS) Division, referred to herein as “the Judicial Department,” issues this Request for Proposals (RFP) for the purpose of selecting a vendor to install audio visual and electronic presentation systems within the Lindsey-Flanigan Courthouse, located in Denver, CO. A more detailed background and scope of work is posted in Section 5. Solicitation Scope of Work.

There will be a mandatory pre-bid site visit. See the Judicial Department’s Electronic Bidding System (Bidnet) for the details.

Upon completion of the RFP and interview process, the Judicial Department may execute an Agreement with one (1) or more of the highest ranked Respondents, as determined by the Judicial Department.

B. Agreement Term: The Judicial Department anticipates an agreement for two (2) years with optional extensions, as needed and which may be exercised at the sole discretion of the Judicial Department.

C. Agreement Value: The Judicial Department shall negotiate, with the recommended Respondent(s), a maximum amount payable for the entire term of the agreement including any option years. The Judicial Department does not guarantee any amount of spend under any contract resulting from this solicitation. Further, the Department may award multiple contracts to multiple providers that add up to the total budget.

Section 2. Administrative Information

A. Electronic Bidding System: The Request for Proposals and accompanying documents are available on the Judicial Department’s Electronic Bidding System.

B. Technical Assistance: Technical problems with the Judicial Department’s Electronic Bidding System should be submitted to BidNet Direct at (800)835-4603. The Help Desk is available Monday through Friday 6:00 AM to 6:00 PM Mountain Standard Time, Monday through Friday.

C. Notices: The Judicial Department will post notices to the Electronic Bidding System which will include, but not be limited to, any modifications to administrative or performance requirements, answers to pertinent inquiries received, clarifications to requirements, and the announcement of the apparent winning Respondent. It is incumbent upon Respondents to carefully and regularly monitor the web site for any such postings. The notification will be made available via the web site in the form of a “modification”, as published under the original solicitation number.

D. Submittal: Request for Proposals must be received by the date and time indicated within the Electronic Bidding System to be considered for award. Proposals must be submitted electronically via the Electronic Bidding System. Late Request for Proposals and Request for Proposals received by any other means will not be accepted or considered for award. It is the Respondent’s responsibility to ensure that they leave adequate time to submit all materials electronically. The Electronic Bidding System will not allow submissions to be entered after the due date and time.

E. Proposal Validity: Respondent’s proposal shall remain valid for one hundred eighty (180) calendar days from the final date proposals are due for submission. By submission of a proposal, Respondents guarantee that their offer is firm for one hundred eighty (180) calendar days from the proposal due date. If an award is not made during that period, each Respondent shall automatically extend its offer for an additional one hundred twenty (120) days, unless Respondent indicates otherwise in writing to the Judicial Department at least thirty (30) days prior to the last day of the original one hundred eighty (180) calendar day validity period.

F. Requests for Confidential/Proprietary Information: Any requested restrictions ON the use or inspection of material contained within the Proposal must be clearly stated in the Proposal itself. Written requests for confidentiality must be submitted by the Respondent with the proposal. The Respondent must state specifically what elements of the proposal are to be considered confidential/proprietary. Confidential/proprietary information must be readily identified, marked with the solicitation number, and separated from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Under no circumstances can an entire proposal, or proposal price information be considered confidential and proprietary. Any information that will be included in any resulting contract cannot be considered confidential/proprietary.

The Judicial Department will make a written determination as to the apparent validity of any written request for confidentiality. In the event the Judicial Department does not concur with the Respondent’s request for confidentiality, the written determination will be sent to the Respondent.

After award, the Request for Proposals will be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

G. Opening of Request for Proposals: Request for Proposals will be accepted and reviewed on the date and time indicated on the Electronic Bidding System. No public bid opening will occur. The Electronic Bidding System will maintain a list of all Respondents that becomes viewable after the submission date.

H. Oral Presentations/Site Visits/Discussions: Following the initial screening of Request for Proposals, the Judicial

Department reserves the right to require, site visits, oral presentations or other discussions (Written or Oral) with individual Respondents. The purpose of any such discussions will be to promote understanding of the Judicial Department’s requirements and the Respondent’s proposal and may result in modifications of commodities or services offered. No information derived from competing Request for Proposals will be disclosed during such discussions. Any resulting changes to the initial proposal must be submitted and confirmed in writing by the Respondent. The cost of any site visit, oral presentation or other discussion shall be paid by the Respondent for the entire evaluation committee. If the Judicial Department determines that interviews or presentations are required, selected proposers will be notified in writing of the date, place, time and format of the interview or presentation. Failure to participate in such interviews or presentations shall result in a Respondent’s disqualification from further consideration. If the Judicial Department desires to enter into oral presentations, site visits, or discussions they will do so with one or more proposers, at their discretion.

I. Negotiations: If the Judicial Department desires to enter into negotiations, they will do so with the highest rated Respondent, unless the intent is to award to multiple Respondent’s, in which case the Judicial Department will enter into negotiations with those Respondents which it intends to issue an award.

If the Judicial Department enters into negotiations and no agreement is reached, the Judicial Department will cease negotiations with the first Respondent and then may enter into negotiations with the next highest rated Respondent or make no award under this RFP. The Judicial Department reserves the right to award the Project, if any, without negotiations.

J. Cancellation of Request for Proposals: The RFP may be cancelled in whole or in part either before or after opening of Request for Proposals, at any time prior to execution of the contract, if the Judicial Department determines in writing that such action is in its best interest, for reasons including but not limited to:

1. The supplies or services being procured are no longer required;

2. Funds for the procurement will not be available;

3. The RFP contained ambiguous or inadequate specifications;

4. The RFP did not provide for consideration of all significant factors;

5. Prices exceed available funds and it would not be appropriate to adjust quantities or qualities to come within available funds;

6. All otherwise acceptable Request for Proposals received are at clearly unreasonable prices, or;

7. There is reason to believe that the Request for Proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith.

K. Notice: When a solicitation is cancelled, notice of cancellation shall be posted on the Electronic Bidding System.

L. Disposition of Bids or Proposals: When bids or proposals are rejected or a solicitation is cancelled after bids or proposals are received, the bids or proposals, which have been opened, shall be retained in the procurement file. Bids and proposals, which have not been opened, shall either be returned to Respondents (upon request) or shall be disposed.

M. Assignment and Subcontracting: If the Respondent intends to use subcontractors to perform any of the requirements in the Scope of Work, then these subcontractors must be listed as a part of the Proposal. Subcontractors may not be changed without written approval from the Judicial Department.

N. Judicial Department’s Standard Agreement: The successful Respondent must execute the Judicial Department’s contractor agreement. A sample version of the contractor agreement is attached as the Section 7, below. The contractor agreement contains language which is standard to all Judicial Department agreements and generally is not negotiable.

Exceptions taken to the contractor agreement language may affect the responsiveness of a Respondent’s proposal and prevent that Respondent from advancing in the evaluation process. Where a potential Respondent takes exception to contractor agreement language, the Respondent must provide the rationale supporting each exception, prepare and propose amended or substitute language and submit such information as “Exceptions to Agreement” with its proposal. If a potential Respondent takes exception pursuant to the process outlined above, is informed by the Judicial Department that the proposed amended or substitute language is unacceptable, and thereafter cannot accept the contractor agreement language, then it is recommended that the respondent not participate in this RFP process.

O. Evaluation and Selection Process: This RFP process is being undertaken to enable the Judicial Department to identify and recommend one or more finalist who have submitted a proposal to provide the services that are the subject matter of this RFP process. A preliminary review of the basic responsiveness of the proposal will be conducted to ensure all requirements of the RFP have been met.

1. An evaluation committee will judge the merit of proposals received according to the evaluation criteria defined in the

RFP. The recommendations of the evaluation committee will be forwarded to the contract owner or committee chair for review and final approval.

2. Failure of the Respondent to provide any information requested in this RFP may result in disqualification of the proposal.

3. The sole objective of the evaluation committee will be to recommend the proposal most responsive to the Judicial

Department’s requirements within the budget established for the RFP. The specifications within this RFP represent the minimum performance necessary for an acceptable response.

4. During or after the evaluation of written proposals, discussions may be conducted with Respondents who submit proposals determined to be reasonably susceptible of being selected for award. The evaluation committee may request a meeting if clarification discussions are needed. The evaluation committee may short-list Respondents to this RFP in an effort to identify the highest ranked Respondents, who may then be requested to interview with the Committee. After the discussions and/or interviews, the proposals will be ranked based on the same criteria and the top-ranked proposal will be recommended by the evaluation committee to begin contract negotiations.

5. Specific evaluation criteria are outlined in the section entitled Evaluation Criteria.

6. Contract(s) may be awarded to the Respondent whose proposal, conforming to this RFP, will be the most advantageous to the Judicial Department, price and other factors considered. Due to the evaluation procedure for the Request for Proposal, lowest dollar price MAY or MAY NOT indicate the successful awardee. Price constitutes only one of several evaluation criteria.

Section 3. Proposal Contents

Respondents are required to follow the format and process specified below. The content of the proposal must be clear, concise and complete. Proposals not submitted in the manner described herein may be considered non-responsive and be subject to rejection. Each section of the proposal shall be organized to correlate with the following sections:

A. Proposal Page Limit: The proposal shall be limited to a maximum of 500 pages of text. The page count does not include:

Respondent’s cover page/letter; all Attachments and Exhibits, drawings, Bill of Materials (BOMs), Q-SYS certifications, resumes, table of contents and section dividers.

B. Cover Letter: Not to exceed two (2) pages and shall include the following:

1. Respondent Contact Information: Provide the name, title, telephone and email of the personnel responsible for the primary communication with the Judicial Department regarding Respondent’s proposal;

2. Understanding of Requested Services: Provide a brief statement indicating Respondent’s clear understanding of a commitment to the provision of services as specified in this RFP;

3. Potential Conflicts: Provide a brief statement as to whether Respondent and/or Respondent’s partners, subcontractor(s), joint venture associates, or any other individual or entity of Respondent’s team has any potential conflicts that may arise in the performance of the services requested in this RFP;

4. Agreement Exception: Provide a brief statement indicating whether Respondent does or does not take exception to the Judicial Department’s draft contractor agreement as stated in Section 7. of this RFP. If Respondent takes exception to the language in the contractor agreement, Respondent must create an additional attachment labeled “Exceptions to Agreement” and submit it with its proposal; and

5. Subcontractors: If the Respondent utilizes subcontractors to perform the requested services, provide the name of the subcontractor’s firm(s), if any.

C. Attachments: Each proposal shall be submitted with the following completed attachments, blank copies of which are provided as separate documents with this solicitation:

1. Business Organization Statement;

2. Affidavit of Non-Collusion

3. Pricing Response Section;

4. Exceptions to Agreement, if needed.

D. Detailed Description of Respondent’s Qualifications, Experience and Fees to perform the requested services:

Provide all information requested in Section 4 below entitled “Evaluation Criteria”, Section 5 below entitled “Solicitation Scope of Work” and shall also address any additional information requested in “Exhibit B” of the draft contractor agreement.

Section 4. Evaluation Criteria

A. Pass/Fail Criteria:

1. Mandatory Requirements: Level One and Two Q-SYS Programmer and Scripting certification for a minimum of one (1) project staff member. Certificates must include the staff member’s full and complete name. Provide sufficient documentation that proves the organization meets this requirement AND upload all certificates in a folder, as part of a response to this RFP, labeled Q-SYS certifications.

B. Evaluated Criteria:

1. Organization and Resources:

a. Describe the organization’s management structure. Include an organizational chart and a brief description of the experience and professional background of the corporate officers.

b. Indicate how many people the organization employs.

c. List the organization’s requirements for employee background checks, including criminal record checks.

d. For all staff providing direct, supplemental, and/or subcontract services for this project: provide a resume for each.

2. Experience and Past Performance:

a. Describe the organization’s experience in providing services of the nature described herein to courts and/or criminal justice agencies in the past three (3) years. List the major clients served, and dates of service.

b. State how many years the organization has been in business providing the types of services described in this RFP.

c. Provide relevant information regarding a minimum of three (3) individuals, organizations or other groups that will serve as references for the organization submitting the response. If the reference is from an organization or other groups, please list a contact person. Do not list the Judicial Department or staff members. Include the following information as to each listed project: business name, contact name, title, address, phone and email. It is the Respondent’s responsibility to validate the contact information for references. The Judicial Department may request information from Respondent’s clients, government agencies or any other available sources.

3. Proposed Staff and Deployment: Include a schedule as to the time frame for conducting the project. The schedule must consist of a listing of the tasks and their scheduled completion as may be appropriate to the scope of work.

Note: The project must be completed by, and cannot extend beyond, September 30, 2026.

a. Indicate the start date for services as it relates to the receipt of a contract and/or a commitment document issued by the Judicial Department.

b. Include a schedule with a time frame for conducting the project. The schedule must include a list of tasks, and their scheduled completion as may be appropriate to the scope of work. The project schedule must not extend beyond September 30, 2026, and the organization will not be able to charge the Judicial Department for any re-stocking fees, etc.

c. Additional consideration will be given to proposals that indicate multiple courtrooms can be deployed within the same week.

d. Provide a list of staff that will be assigned to the project and their qualifications.

4. Exceptions: List all exceptions to the solicitation scope of work including any substitutions to material or methodology. Exceptions should include a brief justification.

5. Value Added Services: Provide a list and narrative of value-added services included in the proposed fees that are above and beyond the services requested by the Judicial Department.

6. Optional Services: Provide a list and narrative of services offered at an additional cost to the Judicial Department.

7. Feasibility and Completeness of Response: Respondents shall include all required attachments with a response, as the Evaluation Committee will use this criterion to determine how feasible and complete the response is.

8. Methods to Protect Confidential Information: Provide a summary describing methods to be used to protect all participant/client confidential information. This information will become an exhibit to any contract resulting from the solicitation award.

9. Proposed Fees/Cost to the Judicial Department:

a. Provide a cost for all elements of the project, including a price for each task in the statement of work and staffing.

Provide all information in the format (pricing page designed for this solicitation) specified for this solicitation. The pricing proposed will be for all work provided to or referred to by the Judicial Department.

b. If the Respondent intends to use sub-contractors, the response must specify a separate rate schedule for those tasks performed by the sub-contractor(s).

c. Provide a sample invoice to be submitted at a frequency as mutually agreed by both parties.

d. The offered price must be a firm price, not subject to change during the initial contract period.

Note: The Respondent will not be able to include, or charge the Judicial Department, for re-stocking fees.

Thereafter, the contract price for each subsequent annual contract term will be fixed for that term upon agreement of the parties. Requests for price increases must be based on documented increases in the market price of supplies and/or increased cost of labor as required by the workers’ union contract. Any such increases can be provided only if the Department is able to obtain adequate funding. Any proposed price increases must be submitted in writing to the Judicial Department at least 90 days prior to the end of the current contract period.

Documentation supporting the price increase must accompany the request.

Section 5. Solicitation Scope of Work

The Scope of Work below is intended to describe the Judicial Department’s needs and objectives. The final Scope of Work in any resulting contract will be negotiated between the Judicial Department and the awarded contractor(s), considering this Scope of Work, the Respondent’s proposal and other factors.

A. Purpose: Installation of a fully functional sound, visual evidence presentation, and video conference system in the identified courtrooms within the Lindsey-Flanigan Courthouse in Denver, CO. Installation must be completed no later than September 30, 2026.

B. Scope of Contractor’s Responsibilities, Contractor- Provided Services, and Contractor-Provided Deliverables:

1. Specified Services: Courtrooms 4G, 4H, 5A, 5B, 5C, 5D, 5G, and 5H in the Lindsey-Flanigan Courthouse require an AV lifecycle replacement. The work as outlined shall include the installation of a fully functional sound, visual evidence presentation, and video conference system in the courtrooms. Access to work areas is carefully controlled and will require close coordination with local court administration, building security, and clerk staff. AV devices connected to the state judicial network will require close coordination with information technology staff.

a. Project Management:

i. The AV Contractor must provide one (1) project manager for the entire project. The selected project manager must have continuity for the entire project and be onsite 80% of the installation time. The project manager must serve as the single point of contact for the AV vendor during the project.

b. Building Access:

i. Denver County, who provides building security, requires a list of AV Contractor staff who will be on-site at the courthouse two weeks prior to each deployment. The AV Contractor shall only be provided with 3 building door access badges which must be obtained from security at the start of the day and returned any time the install crew leaves the campus and at the end of the workday. All employees must sign in and out each day.

Contractor staff without a badge must be screened through public security.

ii. All materials, tools, ladders, etc. must enter the building through the main entrance and must be escorted by vendor staff possessing a badge.

iii. Parking will not be provided.

c. Existing Equipment Removal:

i. The AV Contractor shall remove all existing unused AV equipment and deliver it to 1300 Broadway, Denver CO or alternative location in the Denver Metro area by appointment for state surplus and E-waste disposal.

ii. The AV Contractor shall dispose of all waste offsite related to the project unless written permission is obtained from the local court admin or county representatives.

AV System Programming:

i. The Judicial Department shall provide the Q-SYS UCI and Core program file. The Contractor and the Judicial

Department’s engineering staff shall work together to produce the final UCI and control/dsp program.

Contractor staff shall remain onsite until all features related to Contractor installed hardware are fully tested.

ii. All furnished hardware must be loaded with the most designated firmware at the time of deployment.

iii. At least one (1) Contractor staff shall be fully qualified with the QSYS platform.

iv. All QSC hardware must be configured with the assigned IP address, Q-SYS Hostname and Q-SYS Location at the time of deployment. A list of IP, Name, and Location attributes will be provided to the Contractor prior to deployment.

v. All non-Q-SYS hardware must be configured with the assigned IP address. A list of IP attributes will be provided to the Contractor prior to deployment.

The following screenshots are generic examples and do not precisely reflect each courtroom’s needs.

d. Installation Materials: Materials and equipment supplied by the Contractor shall be new and shall meet or exceed the latest published specification of the manufacturer in all respects. Substitutions will not be accepted without written consent of Judicial.

i. As a rule, substitutions to materials and work methodology as outlined in this Request for Proposals (RFP) are not accepted. However, all items listed are bid or equal. The Judicial Department reserves the sole right to determine if items submitted are equal to the items listed. The Judicial Department prefers that bidders respond with the items listed instead of proposing alternate solutions. A detailed specifications sheet must be provided for all alternate items proposed. Materials listed in this RFP no longer produced or with exceedingly long delivery times shall be considered only with the written approval of a judicial agent. The RFP supplied materials list is a good faith effort to list substantial materials needed for the project. The contractor shall provide all materials necessary for a fully functional system as outline in the RFP. The project quote shall include all miscellaneous materials listed and unlisted to provide a fully functional AV system without additional charge.

ii. Installation Standards: The installation of all system components and connections shall be in accordance with industry best practices as laid out by AVIXA.

iii. AV equipment shall be securely installed in standard 19” equipment racks with adequate room for ventilation and expansion. Internal rack wiring shall be organized by signal type with cable neatly supported to allow for future service. The installer shall provide a minimum of 30 inches of service loop at the equipment rack location.

iv. All audio cable terminations shall be either manufactured approved phoenix connectors or soldered connections. All new fixed cable runs shall be with approved Belden cabling. All cables shall be labeled at both ends prior to commissioning and testing. All terminated ends shall be labeled with the origination device and channel number on one line and the destination device and channel number on the second line. (Ex. “DSP 2 out 4”- “AMP 1 IN 4”) with a printed label. All terminations shall be heat shrunk to prevent drain wire shorts. All balanced audio connections shall be grounded at both ends. All new cable runs shall be absent of splices.

Splicing into existing cabling must be done by either solder joints and/or crimp to terminal block.

v. The Contractor shall be responsible for all necessary millwork modifications for the proper installation of cabling and equipment. Chasing of cabling through existing millwork shall be made with consideration of minimal impact to esthetics and courtroom functionality. Cutting/drilling chases in millwork may require cutting through internal Kevlar panels. Connector plates should be provided where cabling exits millwork unless otherwise noted or permitted. Visible penetrations in millwork for wire chasing shall be finished with suitable furniture grommet. The creation of cable chases may require the drilling cutting of ballistic resistant materials.

vi. Microphone and headphone extension cable shall be professional grade and constructed with neoprene jacket cable and terminated with Switchcraft or Neutrik brand connectors. Type of connector per as notated in drawing set Attachment D.

vii. All above ceiling AV cabling that is run open-wire shall be supported from J-hooks either from dedicated ceiling wire or wall mount above visible ceiling elevation as directed by general contractor or county facilities department. In all cases, no wire shall be supported by or contact ceiling grid system or pipe related fire suppression, natural gas or water transport.

viii. The Contractor shall restore all ceilings, walls, millwork, and any other surface affected by their work to match existing construction and aesthetics. All patching and painting required for the installation is the responsibility of the AV contractor unless otherwise agreed upon in writing with the state or county. The AV contractor is responsible for the removal of all waste associated with the project and leave the areas of installation clean of any debris and dust including carpets.

e. Owner Training: Owner (Judicial Department District court staff) training shall be provided by the owner.

f. Owner Provided IT Network:

i. The Contractor will be supplied with network addressing and specific hostnames for all devices connected to the judicial network.

g. Wireless Microphone Coordination: Wireless frequencies will be coordinated by the Judicial Department’s AV staff.

h. Documentation: Prior to equipment order, the Contractor shall submit to the Owner (Judicial Department ITS-AV Department (its-avprojects@judicial.state.co.us), for approval of the following:

i. The Contractor shall submit a detailed daily installation schedule of work broken down by tasks/activities and required staffing.

ii. Complete system as-built construction and point-to-point wiring schematic drawings, including all component values and showing complete letter and number identification of all wire and cable as well as jacks, terminals and connectors. These drawings shall detail ALL equipment that is to be installed or included in the project.

The Contractor may utilize the flat pdf drawings found in this solicitation as a base for any marked deviations.

iii. Panels, plates, and designation strips, including details relating to terminology, engraving, finish, and color.

iv. AV plate submittals from the fabricator must be approved in writing by Colorado State Judicial prior to purchase to ensure the design of each plate meets all specifications in Attachment D.

v. Schematic drawings of all custom components, assemblies, and circuitry.

i. Commissioning: Prior to owner inspection, the Contractor shall complete all of the required commissioning steps.

i. All signal testing, labeling, equalization, and control programing shall be completed.

ii. Signal testing shall include verification of audio and video signal from systems input to output for all signal paths.

iii. Labeling shall include cable end terminations and equipment control points when appropriate.

iv. Corrective equalization filters shall be created using RTA/TEF measurements and applied to all speaker zones individually.

v. The Contractor shall complete the provided commissioning form with all required test results, serial numbers, MAC addresses, state provided Contractor installed inventory ID tag numbers, and a list of remaining punch list items.

vi. The Contractor shall apply state provided inventory ID tags to all required equipment and record such ID numbers in the provided commissioning form.

vii. At the completion of the project, the AV contractor shall provide as-built drawings reflecting any change or modification of drawings previously listed.

j. Prevailing Wage: The Contractor shall be responsible for determining the wage burden for the project in accordance with local laws.

i. Per C.R.S. . §24-92-115 unless prohibited by applicable federal law, contract for any public project in the amount of one million dollars or more, that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to title 24, article 93, in the amount of one million dollars or more shall require the general contractor to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation that Identifies the contractors or subcontractors that will be used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project and certifies that all firms identified participate in apprenticeship programs registered with the United States department of labor’s employment and training administration or state apprenticeship councils recognized by the United States department of labor and have a proven record of graduating a minimum of 15% of its apprentices for at least three of the past five years. Refer to the Colorado Office of the State Architect’s Prevailing Wage and Apprenticeship Webpage for:

Apprenticeship Contributions: https://osa.colorado.gov/state-buildings/prevailing-wage-and-apprenticeship/apprenticeship-contribution-rates.

ii. Per C.R.S. §24-92-Part 2, a public construction project in the amount of five hundred thousand dollars or more shall be subject to the State prevailing wage rate, of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and educational funds in the State, for each employee needed to execute the contract. Payments to the funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors and subcontractors. Contractors are required to pay their employees at weekly intervals and shall comply with the enforcement provisions of C.R.S. §24-92-209. Contractors awarded a project of this size will be required to utilize the LCP Tracker cloud-based labor compliance and certified payroll application.

Refer to the Colorado Office of the State Architect’s Prevailing Wage and Apprenticeship Webpage for:

Prevailing Wage and Apprenticeship: https://osa.colorado.gov/state-buildings/prevailing-wage-and-apprenticeship Wage Determinations: https://osa.colorado.gov/state-buildings/prevailing-wage-and-apprenticeship/wage-determinations

iii. Per C.R.S. §24-92-117, a public construction project in the amount of five hundred thousand dollars or more shall be subject to the Buy Clean Colorado (BCCO) Act program requirements. The BCCO Act requires the https://osa.colorado.gov/state-buildings/prevailing-wage-and-apprenticeship/apprenticeship-contribution-rates https://osa.colorado.gov/state-buildings/prevailing-wage-and-apprenticeship/apprenticeship-contribution-rates https://osa.colorado.gov/state-buildings/prevailing-wage-and-apprenticeship https://osa.colorado.gov/state-buildings/prevailing-wage-and-apprenticeship https://osa.colorado.gov/state-buildings/prevailing-wage-and-apprenticeship/wage-determinations

Office of the State Architect to establish a maximum acceptable global warming potential (GWP) limit for each category of eligible materials, which include asphalt and asphalt mixtures, cement and concrete mixtures, glass, post-tension steel, reinforcing steel, structural steel, and wood structural elements. For any solicitation for a contract for the design of an eligible project, a State Agency or institution shall require the designer who is awarded the contract to include, in project specifications when final construction documents are released, a current Environmental Product Declaration (EPD) that meets the maximum acceptable GWP limits for each eligible material specified for the project. A contractor that is awarded a contract for an eligible project shall not install any eligible materials on the project until the contractor submits an EPD for each eligible material procured for the project.

iv. In accordance with laws of Colorado, Section 8-17-101(1), as amended, C.R.S., Colorado labor shall be employed to perform at least eighty percent of the Work. Colorado Labor means any person who is a resident of the state of Colorado at the time of the Public Works project.

2. Additional Services: If and when the Judicial Department requests the Contractor to provide services in addition to those specified above, the Contractor shall develop a work plan detailing the specific tasks to be completed and providing a detailed not-to-exceed budget for performing such tasks. The Contractor shall not perform any Additional Services until Department has issued a written notice-to-proceed with the execution of the work plan. Contractor will not be authorized to perform or invoice the Judicial Department for any work not specifically authorized in the Judicial Department’s notice-to-proceed.

C. Schedule for Delivery of Contractor-Provided Services and Deliverables:

1. The schedule for this project shall be negotiated with the local judicial admin once a firm materials delivery date has been established. The expected deployment date is September 1, 2026, to September 30, 2026.

2. Due to the difficulty of scheduling multiple courtrooms, this project should be bid with the expectation that each courtroom installation will occur individually and thus require separate trips for staff and materials. Onsite storage of materials between installations will not be provided.

3. Typically, five (5) consecutive business days shall be scheduled for each courtroom installation with the fourth day for acceptance and commissioning and the fifth day for user training. It is expected that each courtroom deployment shall be sufficiently staffed to meet the following schedule:

a. Day 1 (begin onsite 8 am) - Demo Complete. All cabling roughed in, and terminations have begun.

b. Day 2 - By end of day: Cable rough-in complete, speaker(s), wall display(s), assisted listening and ceiling microphone(s) installed. Rack work begins.

c. Day 3 - By the end of day: All terminations complete. Rack work complete. Testing begins.

d. Day 4 – Testing and commissioning complete.

e. Day 5 – Training of Staff.

4. Scheduling for this project shall be independent of any other work scheduled by the Judicial Department.

D. Non-financial Obligations of the Judicial Department: [Blank for future use]

Section 6. Inquiries

A. RFP/Addenda Questions: If discrepancies or omissions are found by any Respondent or there is doubt as to the true meaning of any part of the RFP, a written request for clarification or interpretation shall be submitted before the deadline as indicated on the Electronic Bidding System. Questions submitted after this time will not be considered. Any clarification or interpretation or change to the RFP will be by electronic written addendum posted to the Electronic Bidding System. The Department is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by electronic written addendum posted to the Electronic Bidding System. Any addenda so issued are to be considered a part of the RFP document.

THE DEPARTMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE RESPONSIBLE FOR ANY ORAL INSTRUCTION, MODIFICATION, OR CLARIFICATION RELATED TO THIS RFP. RESPONDENTS SHALL NOT RELY UPON ORAL

COMMUNICATIONS.

B. Other Communications: After the date of the Solicitation publication through the final award, any Respondents who conduct or arrange for any communication regarding this solicitation, not provided for in this RFP with the Chief Justice, State Court Administrator, District Administrator’s, Chief Probation Officers, any Judicial employee or member of the Panel regarding this RFP or the RFP process may be disqualified. All communications must be directed to the Purchasing Agent listed on the Judicial Department’s electronic bidding system.

Section 7. Sample Contractor Agreement

Any Agreement resulting from this solicitation shall be substantially in the form and format of the sample contractor agreement below. Any exceptions to this sample contractor agreement must be noted in the Respondent’s proposal and will be reviewed and evaluated as a part of the award process.

COLORADO JUDICIAL DEPARTMENT

FINANCIAL SERVICES DIVISION

LABEL SUMMARY:

CTR-XXXX

STATE COURT ADMINISTRATOR’S OFFICE –

INFORMATION TECHNOLOGY SERVICES

Document Type

☐ Original Agreement/MA/PA/Task Order/IGA/Other Initial Agreement

☐ Ratification/Renewal/Amendment/Change Order/Other Modification Agreement

Solicitation Request for Proposals (RFP) 26004 Lindsey-Flanigan Courthouse Audio Visual and Electronic Presentation Systems

AGREEMENT TERM

Initial Start Date

Initial End Date

Renewal End Date

AGREEMENT AMOUNT

Initial Amount $xxx,xxx.xx

Amended Amount

Total Amount $xxx,xxx.xx

Requesters: [Contract Owner]

Summary (refer to Agreement for specifics): Vendor to install audio visual and electronic presentation systems within the Lindsey-Flanigan Courthouse, located in Denver, CO.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates written below. Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature.

COLORADO JUDICIAL DEPARTMENT by and through THE

OFFICE OF THE STATE COURT ADMINISTRATOR:

Name: Steven Vasconcellos

Title: State Court Administrator

[BUSINESS LEGAL ENTITY NAME AS REGISTERED WITH

THE S.O.S.]

Name:

Title:

SIGNATURE OF AUTHORIZED REPRESENTATIVE

DATE___________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE

DATE___________________________

COLORADO JUDICIAL DEPARTMENT

AGREEMENT FOR AUDIO VISUAL EQUIPMENT AND INSTALLATION

SERVICES BY INDEPENDENT CONTRACTOR

1. PARTIES. This Agreement is entered into by and between the COLORADO JUDICIAL DEPARTMENT (“Department”), by and through the OFFICE OF THE STATE COURT ADMINISTRATOR, located at 1300 Broadway, Suite 1200, Denver, CO 80203, and [CONTRACTOR NAME] (“Contractor”), an independent contractor doing business as a [STATE OF INCORPORATION, if corporate entity] [e.g. Corporation; Partnership; Non-Profit; Individual; Sole Proprietor] principally located at [ADDRESS].

Department and Contractor may individually be referred to as “Party” or collectively as “Parties.” In consideration of their mutual promises and for their mutual benefit, the Parties agree as follows:

2. BACKGROUND AND PURPOSE. Install audio visual and electronic presentation systems within the Lindsey-Flanigan Courthouse, located in Denver, CO.

3. AUTHORITY.

A. Department has issued Request for Proposals (RFP) 26004 in accordance with the Department’s current procurement procedures. The Department has determined in its sole discretion that Contractor is a successful bidder in response to the RFP and pursuant thereto has awarded Contractor the opportunity to provide the services described in this Agreement for a period [not to exceed five years under a series of one-year contracts]; and

B. Authority exists in the law and funds have been budgeted, appropriated, and otherwise made available, and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment for purposes of this Agreement.

4. EFFECTIVE DATE. This Agreement shall not be valid or enforceable until it is fully executed by both Parties (the “Effective Date”).

The Department shall not be bound by any provision of this Agreement before the Effective Date and shall have no obligation to pay Contractor for any work performed or expense incurred before the Effective Date.

5. TERM OF THE AGREEMENT.

A. Initial Term. The Parties’ respective performances under this Agreement shall commence on the latter of the Effective Date or [Month Day, Year] and shall terminate on [Month Day, Year] (“Initial Term”) unless sooner terminated or renewed in accordance with the terms of this Agreement.

B. Renewal. This Agreement may be renewed for four additional periods of up to twelve months each, subject to mutual agreement by the Parties (each a “Renewal Term”). Each Party reserves the right to elect not to renew the agreement after expiration of the current term. If Contractor intends not to renew the Agreement, it shall give notice of such intent at least 30 days prior to expiration of the Agreement.

C. End of Term Extension. In the event this Agreement approaches the end of its Term, the Department, at its discretion, upon written notice to Contractor as provided in Paragraph 39, may unilaterally extend such Term for a period not to exceed three months (an “End of Term Extension”). The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension.

D. Survival of Certain Terms. Any provision of this Agreement that imposes an obligation after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.

E. Modification and Future Solicitations. The duration of the Initial Term of this Agreement is subject to modification by written, mutual agreement by the Parties and in the event of any circumstances enumerated in Paragraph 38. TERMINATION.

Further, if the Department publishes a future solicitation for substantially similar services as covered by this Agreement, this Agreement may be replaced and superseded by an award and a contract resulting from that solicitation.

6. SCOPE OF WORK. Contractor shall perform the services as described in this Agreement and in accordance with the provisions of Exhibit A and the terms and conditions of this Agreement. The Department shall have no liability to compensate Contractor in connection with any services performed outside the scope of Exhibit A.

7. FEE AND PAYMENT.

A. Fee. The Department shall compensate Contractor for services performed under this Agreement. The Department shall pay the Contractor in the amounts and in accordance with the schedule and other conditions set forth in Exhibit B. Department does not pay for services that are not rendered, or for which Department has not explicitly ordered under this Agreement.

The pricing in Exhibit B shall be firm and not subject to change for the period from the Effective Date through the end of each calendar year within the Term of this Agreement. However, no less than thirty (30) days before the anniversary of the Effective Date, Contractor may request a modification of the rates for services contained in Exhibit B, which shall be effective only upon mutual written agreement by the Parties. The District or Department, in its sole discretion, may elect to use the Consumer Price Index (CPI) as a measure in determining whether or not any rate modification is warranted.

B. Not a Wage or Salary. It is specifically agreed that the fees paid under this Agreement are neither salary nor hourly wage, and any computation of fees based on performance time is for convenience of the Parties in determining value of service and not as salary or hourly wage.

C. Method of Payment. Contractor shall initiate payment requests by submitting invoices to the Department representative, identified in Paragraph 39, in accordance with the schedule set forth in Exhibit B. Department’s standard payment procedures are net 45 days following Department’s receipt of a fully complete and correct invoice. The invoice must be approved by the Department and must correctly identify the services Contractor performed under this Agreement along with the dates of performance. If Department determines that the invoice is not correct, then Contractor shall make all changes necessary to correct that invoice. The Department’s acceptance of an invoice does not constitute acceptance of services performed under this Agreement. Department may require that payment occur through electronic funds transfer (“EFT”). Department may require Contractor to utilize Department’s electronic vouchering/invoicing system.

D. Disputes. If the Contractor disputes any calculation, determination or amount of any payment, the Contractor shall notify the Department of its dispute within thirty days following the Contractor’s receipt of the payment or notification of the determination or calculation of the payment by the Department, as appropriate. The Department will review the information presented by the Contractor and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the Department’s review shall be final. No payment that is subject to a dispute under this subsection shall be due until after the Department has concluded its review.

E. Erroneous Payments. The Department may recover, at the Department’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor. The Department may recover such payments by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the Department and Contractor, or by any other appropriate method for collecting debt.

8. STATUS AS INDEPENDENT CONTRACTOR. This Agreement does not constitute a hiring by either Party. It is the Parties' intention that Contractor shall be an independent contractor and not Department's employee for all purposes, including, but not limited to, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Colorado Workers' Compensation Act, the Colorado Unemployment Insurance Act, and the Public Employees’ Retirement Association.