RFP-425005 On-Call Landscape Architectural.pdf

REQUEST FOR PROPOSALS

FOR

On-Call Landscape Architectural Services

RFP-425005

Issued 4/9/2025

Issued by:

City of Longmont Purchasing & Contracts Procurement Specialist: Tyler Mellecker

For: City of Longmont

External Services / Parks & Forestry Longmont, CO 80501

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REQUEST FOR PROPOSALS (RFP)

#RFP-425005

Procurement Specialist: Tyler Mellecker Email Address: Tyler.Mellecker@longmontcolorado.gov Telephone Number: 303-651-8494

Proposals must be received electronically in the Rocky Mountain E-Purchasing System no later than 5/9/2025 prior to 2:00 PM MT. Proposals will be time-stamped by the Rocky Mountain E-Purchasing System upon receipt.

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

LIVABLE WAGE REQUIRED: For new contracts for provision of services issued after January 1, 2023, contractors must pay at least a minimum livable wage of $21.07 per hour or $43,825.60 annually, not including fringe benefits, to full time employees of the contractor for work performed and billed under this Contract. The City may annually adjust the required livable wage to account for inflation.

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

RFP Issued: ........................................................................ 4/9/2025 Inquiry Deadline: ............................................................... 4/30/2025 at 5:00 PM MT Final Addendum Issued: .................................................... 5/5/2025 at 5:00 PM MT Proposal Due Date and Time: ........................................... 5/9/2025 at 2:00 PM MT Interviews (tentative): ...................................................... 5/14/2025 Notice of Award (tentative): ............................................. 6/18/2025

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TABLE OF CONTENTS

SECTION I. BACKGROUND, OVERVIEW, AND GOALS

SECTION II. SCOPE AND REQUIREMENTS

SECTION III. PROPOSAL SUBMISSION AND RESPONSE FORMAT

SECTION IV. ADMINISTRATIVE INFORMATION

SECTION V. EVALUATION AND AWARD

ATTACHMENT A: PROPOSAL ACKNOWLEDGEMENT

ATTACHMENT B: CONTRACT EXCEPTIONS

ATTACHMENT C: FEE/RATE SCHEDULE

ATTACHMENT D: SAMPLE CONTRACT

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SECTION I. BACKGROUND, OVERVIEW, AND GOALS

A. Background

The City of Longmont is seeking firm(s) to provide landscape architecture and related services on an on-call, as needed basis for projects throughout the City. The awarded firm(s) will be responsible for the professional quality, technical accuracy, and coordination of all services provided. Project size will vary depending on City need. Assignments are anticipated to vary between design services, plan review, and inspection services. While most of the projects will be scheduled and pre-arranged, from time to time and in the case of emergencies there may be unanticipated requests requiring immediate attention.

The awarded firm(s) shall comply with all the applicable provisions of the Local, State and Federal laws including required Professional Certifications. It is the intent that the City award to more than one firm.

B. Overview

The City anticipates that a variety of landscape architecture and related services may be needed during the life of this contract. The need to balance City staff resources, re-prioritized project needs, or emergency situations may drive the need for these on-call services.

Examples of these requests for services include small and miscellaneous design for public areas, such as arterial rights-of-way or park renovations, small capital improvement projects, and development plan review or inspection. The expectation is that the consultant will design, review and/or inspect assigned projects per current City of Longmont Municipal Code, City of Longmont Design Standards and Construction Specifications, City of Longmont Park Design Guidelines, the Americans with Disabilities Act (ADA) and American Association of State Highway and Transportation Officials (AASHTO) guidelines.

Thorough understanding of these Standards, Specifications and Guidelines is expected. Construction cost estimates for designed projects will be required.

Occasional, unanticipated requests may need immediate attention. The capacity for immediate response shall be addressed in the submitted proposal.

When services are needed by the City, a brief explanation of the work will be provided to the firm along with the opportunity to view the site. Within 48 hours, the firm will let the City representative know if they will take on the project. Unless agreed upon in advance with the City, the firm will return a brief description of the approach to the project, a schedule of deliverables, and a fee proposal (including anticipated reimbursable expenses) within 7 calendar days. The cost is to be based on the pricing submitted in the firm’s response to this RFP. When the City representative has agreed to the approach, schedule and cost, the firm will commence the work within five business days or as determined by the Project Manager.

Designs are to be provided to the City in a .dwg format, as well as in a .pdf format.

C. Goals

At this time, the type and number of projects under this award has not been determined. The primary goal for this RFP and the award is to hire a firm(s) with extensive knowledge and experience providing landscape design services with well-defined acceptable drawings and written, detailed specifications in

RFP-425005 On-Call Landscape Architectural Services Page 5 of 34 order to bid the projects. This on-call contract is expected to include services from a Colorado licensed landscape architect, civil engineer, a qualified irrigation designer familiar with both potable and non-potable systems, and a surveyor. Sub consultants can be used; however, the landscape architectural firm is required to be the prime consultant of the project team. Although the firm is selected as a whole, individual projects may not need the services of the entire team. Appropriate team members would be selected based on the scope of work of each project.

The resulting list of qualified firms will be available for use by City staff on small projects related to development within the City, projects contained within the City’s Capital Improvement Program, or as part of on-going Operations renovations.

SECTION II. SCOPE AND REQUIREMENTS

A. Scope of Services

1. This RFP will cover miscellaneous projects in which design consultants will need to provide full-service landscape architectural services for projects varying in size and scope. The Landscape Architecture firm shall provide all management, labor, equipment and materials necessary to perform the requested services.

Examples of the services that may be required include, but are not limited to:

• Preparation of site, landscape, and irrigation plans

• Topographic site surveys for design purposes including digital terrain modeling for contour, interpolation, profile, cross-section, and earthwork volume calculations

• Property line survey to confirm existing boundaries

• Coordination with Locate Services to determine surface and underground utilities including identification/resolution of potential conflicts

• Preparation of Storm Water Management Plans including temporary and permanent BMP’s to meet storm water pollution controls and storm water and water quality requirements

• Review of existing geo-technical and engineering reports

• Preparation of preliminary and final design plans, specifications, details, quantity calculations, and cost estimates

• Provide review of development projects to ensure compliance with City standards, codes, and specifications

• Perform field inspections on various projects

2. The following technical references are applicable to all work within the City of Longmont.

The Consultant will be responsible for complying with the current editions of the listed references as well as any other codes/regulations that may be applicable to the project.

• City of Longmont Municipal Code

• City of Longmont Design Standards and Construction Specifications

• City of Longmont Park Design Guidelines

• Americans with Disabilities Act (ADA) Guidelines

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• American Association of State Highway and Transportation Officials (AASHTO) Guidelines

3. Electronic data shall be submitted in primary windows-based computer software as follows:

• Drafting MicroStation (V7 or V8) or AutoCAD

• Plotting Adobe PDF

• Word Processing Microsoft Word

• Spreadsheets Microsoft Excel

B. Period of Award

The effective date of providing the required product and services shall be from July 14, 2025, through July 13, 2026, and may be renewable for 4 additional one-year periods.

If the City desires to extend the contract, not later than thirty (30) days prior to expiration, the City shall send a notice in writing to the awarded proposer requesting firm pricing for the next 12-month period.

After the City evaluates the firm pricing proposal, it will determine whether to extend the contract. All awards and extensions are subject to annual appropriation of funds. The provisions of the foregoing paragraphs with respect to extensions of the terms of the contract shall be null and void if the contract has been terminated or revoked during the initial term or any extension thereof. All decisions to extend the contract are at the option of the City.

C. Minimum Mandatory Qualifications of Proposer

1. Proposals will be considered only from licensed landscape architectural firms that have provided design services as the Principal Architect for the previous five years on commercial projects over $15,000.

2. The firm’s Project Manager shall have experience on commercial projects over $15,000 during the previous 5 years.

3. Firm must be financially responsible and have experienced personnel able to perform the required service.

4. State of Colorado licenses that are required for landscape architects and engineers.

SECTION III. PROPOSAL SUBMISSION AND RESPONSE FORMAT

Following are the response requirements for this RFP. To facilitate the evaluation, proposers shall submit and organize the proposal in accordance with this section. All specific response format items represent the minimum information proposers must submit. At the City’s discretion, deletions or incomplete responses in terms of content or aberrations in form may render a proposal non-responsive.

A. Proposal Submission

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The City will only accept proposals submitted in the Rocky Mountain E-Purchasing System (RMEPS). The City will not accept late proposals for any reason, including force majeure events and technical difficulties.

It is the proposer’s responsibility to submit the proposal in RMEPS prior to the Proposal Due Date and Time. Proposers who do not successfully submit a proposal by the Proposal Due Date and Time will not be eligible for evaluation.

Proposals must be submitted online through RMEPS. The City will not accept hardcopy proposals, or proposals submitted by any other means. If you have questions or need assistance with RMEPS, contact BidNet support at 800-835-4603.

Proposal file sizes cannot exceed 2 GB. Proposals should be clear, concise, and specific to the needs and conditions of this RFP. Proposers should direct questions regarding appropriate submittal material to the Procurement Specialist.

Proposal submission will include:

• One Original version of proposal, saved as a single .pdf file.

• If desired: One Public Viewing version of the proposal identified “FOR PUBLIC VIEWING”, in accordance with the procedure in Section IV, M of this RFP, saved as a single .pdf file.

Proposals that are at a variance with these submission requirements may not be accepted.

B. Response Format

The following items must be included in your proposal in the order listed. Deviation may render your proposal non-responsive.

1. Cover Letter Include a cover letter introducing your company, summarizing your qualifications, and detailing:

a. Principal contact person for this RFP, including address, telephone number, email, and website address.

2. Contract Exceptions Any exceptions to this RFP or the Sample Contract (Attachment D), no matter how slight, must be detailed and provided as indicated in Attachment B. Significant exceptions may make your proposal nonresponsive. If variations are not stated in your proposal, it shall be construed that the proposal fully complies with the specifications, terms and conditions, solicitation documents, and attached Sample Contract. Notwithstanding the above, it is agreed and understood that the City reserves the right to reject these exceptions if they do not meet its requirements.

3. Use of Subcontractors/Partners There may be areas for use of subcontractors or partners in this project. If you are using this approach, your proposal must list:

a. The subcontractors/partners.

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b. Their area(s) of expertise.

c. All other applicable information herein requested for each subcontractor/partner.

The City will contract solely with your company; therefore, subcontractors/partners remain your sole responsibility.

4. Minimum Mandatory Qualifications

Include an itemized description of how your company meets each of the minimum mandatory qualifications outlined in Section II, C. Failure to meet or exceed these requirements will disqualify your response.

5. Company Information

a. Provide the following information: Company Name, Address, Phone Number, and

Names of Principals.

b. Identify the year in which your company was established and began providing the services specified in this RFP.

c. If you have ever done business with the City of Longmont, list the project name, project manager, and project dates.

d. Provide a comprehensive listing of all the services you provide.

e. List your company’s Standard & Poor’s or AM Best (or comparable) rating, if applicable.

f. Describe any pending plans to sell or merge your company.

g. Identify any lawsuits or litigation, past or present, that your firm has been a party to.

6. Evaluation Criterion #1 – Company and Personnel Qualifications (40%)

a. Provide a general overview of your firm’s capabilities and range of services offered.

b. Does your firm have other on-call contracts for landscape architectural services?

If so, list the types of projects have been completed under those contracts

c. Is your firm licensed in the State of Colorado? If so please provide your license number.

d. Has your firm done work for the City of Longmont in the past? If so, list the year, Project Manager and type of work completed.

e. List the names and resumes of the sub consultants you expect to use, the services to be provided by the sub consultants and the amount of time that

RFP-425005 On-Call Landscape Architectural Services Page 9 of 34 each is expected to spend on the project. Include information regarding instances where the sub consultants have worked together with the firm in the past.

f. Describe general qualifications of the firm and the qualifications of the staff including previous experience on similar projects with municipalities, past performance on similar projects, and the ability to coordinate multiple projects.

g. Provide reference information from at least five accounts of similar scope including small-scale renovation projects. Include, at a minimum, the following information: 1) company name, 2) contact name, 3) phone number, 4) fax number, 5) email address, 6) brief description of project scope and value, 7) status of project, 8) length of time on project. The City reserves the right to contact the references provided in your proposal as well as other references without prior notification to you.

h. Provide the names and resumes of the key personnel that will be performing the proposed services. Include:

• Project Manager’s experience on projects over $15,000 over the past 5 years.

• The Principal Landscape Architect’s experience on projects over $15,000 over the past 5 years.

• The amount of time each is expected to spend on the project.

• Additional key personnel from your firm

i. Provide the names and resumes of the key personnel for each sub consultant that will be performing the proposed services including the primary manager.

Describe your firm’s ability to respond to short lead-time schedules and available resources to complete the work within the timeframe established.

7. Evaluation Criterion #2 – Technical Content (35%)

a. Describe your project approach and understanding of parks, trails, greenways, streetscape, and public works projects. Include any project approach or idea that might be applicable to this contract and how it would enhance the quality of your services. If applicable, provide examples from previous projects.

b. During the course of the contract, the team may need to read, evaluate, and respond to reports from other agencies. Describe your experience working with Storm Water Pollution Controls, wildlife management plans, endangered or protected species, etc. on permits or implementation of permit requirements.

c. Describe how the team will handle quality control, specifically how design issues would be monitored and resolved, plans checked and cross-referenced, and bid documents ensured to be complete, accurate, omission free and coordinated with sub consultants. Discuss your internal QA/QC review process prior to

RFP-425005 On-Call Landscape Architectural Services Page 10 of 34 submitting items to the City. Include how you check your firm’s and your sub consultant’ work to ensure all items are included.

d. What software or methods does your firm use to establish and track the project timeline/schedule?

e. What are key milestones in a design project? Identify how the design schedule (internal checks & balances) is monitored to ensure that key dates are met.

Indicate if your firm has had any design projects in the past 3 years that exceeded the project schedule. Explain the circumstances and safeguards in place to prevent delays on future projects.

f. Describe your experience working with utility companies, methods to identify conflicts with the proposed design, procedures for coordinating the project design review, and if necessary, resolving utility conflicts in a timely manner.

g. Describe your experience with best management practices, sustainability, and low maintenance design in the park/green industry.

h. Describe your experience with small renovation projects and methods used for staying within scope and budget for projects of this size.

i. Describe your experience providing development review services for municipal agencies.

j. Describe your experience providing field inspection and construction related services on projects.

8. Evaluation Criterion #3 – Pricing (25%)

a. On Attachment C, provide hourly rates for your firm and all sub consultants.

These rates will be considered valid throughout the initial year of the contract.

b. Please identify all additional costs including

• phone and communication charges

• mileage and travel expenses

• required meeting attendance including neighborhood/board/City Council meetings

• site visits

• printing or duplication costs

• sales and use tax license,

• copies of materials for review and design committees

• electronic version of all drawings and specifications

• Mylar copies of all final drawings bearing required signatures

c. Identify any minimum charges and the value of contracted work that would be accepted as consulting fees.

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d. Identify the mark up you would apply to sub consultant’s work.

9. Proposal Acknowledgement. This required form is included as Attachment A.

SECTION IV. ADMINISTRATIVE INFORMATION

A. Process Subject to Purchasing Code

The Request for Proposal process shall be conducted subject to the Purchasing Code, Chapter 4.12 of the Longmont Municipal Code, (LMC).

B. Issuing Office

The City’s Procurement Specialist listed herein is to be the sole point of contact concerning this RFP.

Proposers shall not directly contact other personnel regarding matters concerning this RFP or to arrange meetings related to such.

C. Official Means of Communication

All official communication from the City to proposers will be via postings on an electronic solicitation notification system, Rocky Mountain E-Purchasing System (RMEPS), bidnetdirect.com/city-of-longmont.

The Procurement Specialist will post notices that will include, but not be limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of award. It is incumbent upon proposers to carefully and regularly monitor the RMEPS for any such postings.

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

D. Inquiries

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

The City will publish responses to proposers’ inquiries as an addendum on RMEPS in a timely manner.

Proposers cannot rely on any other statements that clarify or alter any specification or other term or condition of the RFP.

Should any interested proposer, sales representative, or manufacturer find any part of the listed specifications, terms and conditions to be discrepant, incomplete, or otherwise questionable in any respect, it shall be the responsibility of the concerned party to notify the Procurement Specialist of such matters immediately upon discovery.

E. Addenda http://www.bidnetdirect.com/city-of-longmont

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Any explanations or corrections shall be made as Addenda to the documents and shall be published on RMEPS for all prospective proposers. Proposers shall acknowledge receipt of all Addenda in the appropriate spaces provided in the Proposal Acknowledgement. Oral explanations and interpretations made prior to the Proposal Due Date and Time will not be binding.

F. Proposal Forms

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

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

G. Insurance

The awarded proposer will be required to, at its own cost, secure and continuously maintain through the term of the contract the minimum insurance coverages listed below, with forms and insurers acceptable to City. In addition, the awarded proposer will be required to maintain such coverages for the insurance listed in paragraphs 1, 3 and 4 below for two additional years. For any claims-made policy, awarded proposer shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage.

1. General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost.

Coverage shall include bodily injury, property damage, personal injury, and contractual liability.

2. Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of awarded proposer’s owned, hired or non-owned vehicles assigned to or used in performance of the contract.

3. Professional Liability/Errors and Omissions for at least $1,000,000.

4. Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000.

5. Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by the contract in case of their loss or destruction.

6. The required general liability and comprehensive automobile liability policies shall

RFP-425005 On-Call Landscape Architectural Services Page 13 of 34 contain endorsements to include City and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the City, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by City, its officers, or its employees, shall be excess and not contributory to that provided by awarded proposer.

7. Awarded proposer shall, upon request, provide City a certified copy of each required policy.

8. As evidence of the insurance coverages required by the contract, before beginning work under the contract, the awarded proposer shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to:

City of Longmont 350 Kimbark Street Longmont, CO 80501 Attention: Procurement Specialist

With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the City, its council, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to the contract.

9. Only insurance written by insurance companies authorized to do business in Colorado complies. If awarded proposer is self-insured under the laws of the State of Colorado, awarded proposer shall provide appropriate declarations and evidence of coverage.

10. Awarded proposer shall not cancel, change, or fail to renew required insurance coverages.

Awarded proposer shall notify City's Risk Manager of any reduction or exhaustion of aggregate limits, which City may deem to be a breach of the contract.

11. The City relies on, and does not waive or intend to waive, by any provision of the contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees.

12. If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months.

13. Awarded proposer shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by City.

H. Modification or Withdrawal of Proposals

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Proposals may be modified or withdrawn by the proposer prior to the established due date and time.

I. Minor Informalities

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

J. Responsibility Determination

The City will make awards only to responsible proposers. The City reserves the right to assess proposer responsibility at any time in this RFP process and may not make a responsibility determination for every proposer.

K. Acceptance of RFP Terms

A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of a person legally authorized to execute contractual obligations on behalf of the proposer shall indicate acknowledgment of this condition. A proposal in response to this RFP acknowledges acceptance by the proposer of all terms and conditions as set forth herein. The proposer shall identify clearly and thoroughly any variations between its proposal and the RFP in the cover letter. The City will deem a failure to waive any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

L. Protested Solicitations and Awards

Any actual or prospective proposer aggrieved in connection with the solicitation or award of a contract may submit a written protest to the Purchasing and Contracts Manager. Actual or prospective proposers shall submit protests within three calendar days of the date they learned of or reasonably should have learned of facts giving rise to the protest. A protest based upon restrictive specifications or alleged improprieties in the RFP must be filed no later than three calendar days prior to Due Date and Time for proposals, unless the aggrieved party did not know and should not have known of the facts giving rise to such protest prior to three days before the closing date for proposals.

M. Confidential/Proprietary Information

The City neither requests nor encourages the submission of confidential/proprietary information in response to this RFP. All proposals will be confidential until the City awards and fully executes a contract with the successful proposer. At that time, all proposals and documents pertaining to the proposals will be open for public inspection, except for the material that is proprietary or confidential.

Proposers can make a request for confidentiality to the Procurement Specialist if the submission is in accordance with the following procedure. This is the sole responsibility of the proposer. The Procurement Specialist is not required to attempt to cure any information that is at a variance with this procedure, and the City may not give the proposer an opportunity to cure any variances after proposal submission. The City will not consider a proposal in its entirety nor proposal price information to be confidential/proprietary. Proposers with questions about the application of this procedure should direct inquiries to the Procurement Specialist listed in this RFP.

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Procedure for Submitting Proprietary or Confidential Information:

1. The proposer will submit one additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the proposer will black out all text and/or data that it wishes the City to consider confidential and denote the information as “proprietary” or “confidential”.

2. A written description will accompany the “FOR PUBLIC VIEWING” copy of the proposal identifying the material that the proposer considers proprietary or confidential. Specific reasoning for why each item is to remain confidential, other than recitation of a specific state or federal statute, is required.

3. When a proposer submits a “FOR PUBLIC VIEWING” version of their proposal, that version will be open to the public while the City will maintain the original version of the proposer’s proposal as confidential material.

The Procurement Specialist may declare a proposal that is at variance with this procedure non-responsive and such proposal may not be considered.

N. Acceptance of Proposal Content

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

O. RFP Cancellation

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

P. Negotiation of Award

In the event that the City only receives one responsive proposal, the City reserves the right to negotiate the award for the services with the proposer in lieu of accepting the proposal as is.

Q. Contract

A sample copy of the contract the City will use for the services specified in this RFP is included as Attachment D for your review. The contract is only a sample and proposers are not to complete it at this time. Please note in your proposal any requests for exceptions and modifications to the contract.

Significant exceptions or modifications to the contract may be reason for considering a proposal nonresponsive.

R. Proposals

1. Irregular Proposals: Proposals may be rejected if they show any omission, alteration of form, additions not called for, conditional Alternates, or irregularities of any kind which, in the opinion of the City, tend to make the proposal indefinite or ambiguous. The City will reject proposals with prices which are obviously unbalanced as determined by the

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Purchasing and Contracts Manager. Contracts will be awarded only to responsible proposers capable of performing the class of work contemplated.

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

3. Qualification of Proposers: For certain projects, the City may require potential proposers to submit information regarding the proposer’s qualifications in addition to the information provided in the Proposal Submittal documents. The requirement for such information will be identified in the Request for Proposal or elsewhere in the Proposal Documents. Any information requested by or on file with the City may be used to qualify or disqualify potential proposers.

S. RFP Response/Material Ownership

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

T. Incurring Costs

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

U. Utilization of Award by Other Agencies

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

V. Non-Discrimination

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

W. News Releases

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

X. Certification of Independent Price Determination

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

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

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

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

2. Each person signing the Proposal Acknowledgement form of this proposal certifies that:

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

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

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

Y. Taxes

Pursuant to § 39-26-114, C.R.S. and §§ 4.04.090 and 4.04.290, Longmont Municipal Code as amended, the City of Longmont is exempt from paying sales or use taxes. Materials and equipment purchased solely for City projects, that will become a permanent part of the final project, are tax exempt. Contractors and all subcontractors must obtain their own tax exempt number and certificate of exemption from the Colorado State Department of Revenue for each project. The Contractor must furnish a copy of such certificate to the City before purchasing any materials or beginning any Work. The City will furnish its tax exempt numbers for the Contractor to reference when applying for its own tax exempt number.

Z. Assignment and Delegation

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

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AA. Availability of Funds

Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the City.

BB. Standard of Conduct

The awarded proposer shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary.

The City may request that the awarded proposer immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons:

1. Neglect of duty.

2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting.

3. Theft, vandalism, immoral conduct or any other criminal action.

4. Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City.

Agents and employees of the awarded proposer working in City facilities shall present a clean and neat appearance. The City reserves the right to require each employee of the awarded proposer working in a City facility to wear an ID badge or uniform identifying: the company by name, the first name of the employee, and a photograph of the employee if using an ID badge. In these instances, each employee shall wear or attach the ID badge to the outer garments at all times.

CC. Damages for Breach of Contract

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

DD. Right to Inspect

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

EE. Laws to be Obeyed

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

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FF. Equal Opportunity

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

GG. Other Statutes

1. The signatory hereto avers that he is familiar with Colorado Revised Statutes, 18-8-301, et seq. (Bribery and Corrupt Influence) and 18-8-401, et seq. (Abuse of Public Office) as amended, and that no violation of such provisions is present.

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

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

HH. Local and Small Business Preference

Effective for solicitations issued on or after October 6, 2009, the City of Longmont purchasing code (L.M.C.

4.12.190) establishes a preference for doing business with local and small, local companies. The following applies to this RFP process:

1. Local businesses will receive a 5% preference in the scoring of proposals.

2. Small Local businesses will receive a 2.5% preference in addition to the local business preference.

Applicable definitions are as follows:

“Local” means an active business that: (1) has an unrevoked Longmont sales and use tax license, (2) has a physical location with at least one employee operating legally within the Longmont city limits, and (3) is not delinquent in any payment or filing obligation related to City taxes.

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

Proposers who meet these criteria must certify themselves as such on the Proposal Acknowledgement form. Where applicable, the percentage increase will be an adjustment the total score for the proposal.

II. Livable Wage Required

For new contracts for provision of services issued after January 1, 2023, awarded proposer must pay at least a minimum livable wage of $21.07 per hour or $43,825.60 annually, not including fringe benefits, to full time employees of the awarded proposer for work performed and billed under the resulting contract.

The City may annually adjust the required livable wage to account for inflation. This requirement will not apply to contracts that are exempt from the Purchasing Code (L.M.C. §4.12) or when using non-City funds.

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Proposer certifies that it will comply with this wage requirement. The minimum livable wage requirement shall be binding upon the assignees and successors in interest of the resulting contract.

JJ. Payment Card Industry (PCI) Data Protection

Proposer is a merchant that conducts transactions that include credit card payments and is a service provider that is provided cardholder data or access to cardholder data. Both parties must protect cardholder data in accordance to the Payment Card Industry Data Security Standard (PCI DSS).

Proposer acknowledges that when it is provided cardholder data or access to cardholder data through the City’s systems, it shall protect that data in accordance with requirements specified in the PCI DSS.

Proposer is responsible to provide protection for all cardholder data that it collects, processes, stores or transmits.

Proposer agrees to comply with the following requirements in addition to the PCI DSS:

1. Maintain an information security program to protect cardholder data and validate compliance to the PCI DSS on an annual basis.

2. Provide a copy of Proposer’s compliance with the PCI DSS to the City on an annual basis.

3. If the City’s cardholder data is compromised or suspected to have been compromised while in the possession of Proposer, provide notice to the City of actual or potential data breach within 48 hours.

4. If an investigation of the data breach is requested by the City, provide access to system and staff to conduct the investigation and support City staff and contractors as well as law enforcement to conduct the investigation.

5. At the request of the City, provide access to the City to audit cardholder data protection controls.

In the event that the City terminates its contract with awarded proposer, awarded proposer shall return the cardholder data or provide confirmation of cardholder data destruction to the City. Proposer agrees to continue protecting cardholder data after contract termination for a period of 1 year.

KK. Accessibility

Awarded proposer shall comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the Colorado Governor’s Office of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. Awarded proposer shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

SECTION V. EVALUATION AND AWARD

A. Proposal Evaluation

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A committee will evaluate proposals submitted in response to this RFP in accordance with the criteria described in section III, B and as listed below. The City will tabulate total scores and will award the contract to the proposer whose proposal is most advantageous to the City.

The City may request an interview, presentation and/or demonstration by short-listed proposers prior to award. However, an interview, presentation and/or demonstration may not be requested, and therefore, complete information should be included with your proposal. If the City requests presentations by short-listed proposers, committee members may update individual scores for the interviewed firms based on clarifications received, in the context of the identified evaluation criteria. Please note that the City has tentatively scheduled presentations per the Schedule of Events on the first page of this RFP. If the City invites your company to give a presentation to the committee, these dates may not be flexible.

In preparing responses, proposers should describe in detail how they propose to meet the specifications as detailed in the previous sections. The evaluation committee will apply specific factors to proposal information to assist the City in selecting the most qualified proposer for this contract. Evaluation criteria, in order of relative importance, are as follows:

1. Company and Personnel Qualifications (40%)

2. Technical Content (35%)

3. Pricing (25%)

B. Determination of Responsibility of the Proposer

The City of Longmont awards contracts to responsible proposers. The City reserves the right to make its proposer responsibility determination at any time in this RFP process and may not make a responsibility determination for every proposer.

The City of Longmont’s Municipal Code defines a “responsible proposer” as one who is “capable in all respects of fully performing the contract requirements and possessing the integrity and reliability to assure good faith performance.” The City reserves the right to request information it deems necessary to determine a proposer’s responsibility. If the proposer fails to supply the requested information, the City shall base the determination of responsibility upon any available information or may find the proposer non-responsible if such failure is unreasonable.

C. Acceptancy of Proposal and Its Effects

The City will act upon the proposals with reasonable promptness after they are due. The acceptance of a proposal will be a written Notice of Award signed by the duly authorized representative of the City.

No other act of the City shall be necessary to constitute acceptance of a proposal. The acceptance of a proposal binds the successful proposer to execute the required Contract and take all action necessary to fulfill the Contract.

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ATTACHMENT A: PROPOSAL…