RFP 6274.pdf

City of Lakewood

480 S. Allison Parkway Lakewood, CO 80226

Request for Proposal No. 6274

LAKEWOOD CULTURAL CENTER SPEAKER SYSTEM EQUIPMENT &

INSTALLATION SERVICES PER CITY SPECIFICATIONS

RFP Issue Date: April 11, 2025

Pre-Proposal Meeting: April 23, 2025 – 10:00 AM MT Lakewood Cultural Center Main Lobby

470 S. Allison Pkwy Lakewood, CO 80226

Question Due Date: April 28, 2025 – 5:00 PM MT

Addenda Issue Date: April 30, 2025

Proposal Due Date: May 8, 2025 – 10:00 AM MT

SUBMIT PROPOSALS Rocky Mountain E-Purchasing System ELECTRONICALLY: (“RMEPS”) portal at:

https://www.bidnetdirect.com/colorado

The Proposal documents must be received in the RMEPS submission portal on or before the Proposal due date and time. Hardcopy, emailed or faxed submittals will not be accepted. It is the Respondent’s sole responsibility to ensure all required Proposal documents are submitted through RMEPS by the submission deadline. RMEPS does not allow for uploading Proposal documents after the Proposal due date and time has closed.

Proposal will be time-stamped by RMEPS upon receipt. After uploading Proposal documents, Respondents must click the SUBMIT button. The City of Lakewood will not accept uploads that are “saved” but not “submitted”. To verify that a Proposal has been submitted successfully, Respondents may contact BidNet Support or verify, via the Bid Management tab in the Respondent’s account, that the documents are not in “Draft” status. The City does not have access to or control of the Vendor side of RMEPS. Please contact RMEPS at 1-800-835-4603, Option 2, for technical assistance.

Please Note: Addenda may be issued for this RFP and will be posted online at https://www.bidnetdirect.com/colorado. Respondents shall ensure all addenda issued are acknowledged and responses thereto submitted along with the required Proposal documents.

Failure to submit such responses may result in disqualification of the respective Proposal.

The City reserves the right to reject any or all Proposals, in part or in whole, or to waive any informalities or technicalities in this Request for Proposal if it is deemed to be in the best interest of the City to do so.

The City of Lakewood cannot guarantee accuracy of information obtained from any source other than RMEPS. Respondents must use their own RMEPS account.

Part I Page 1 of 2

Request for Proposal No. 6274

LAKEWOOD CULTURAL CENTER SPEAKER SYSTEM EQUIPMENT &

INSTALLATION SERVICES PER CITY SPECIFICATIONS

I. INTRODUCTION

The City of Lakewood (the “City”) is seeking qualified individuals or entities (“Respondents”) to submit proposals for the Lakewood Cultural Center (LCC) Speaker System Equipment & Installation Services per City Specifications (the “Project”). Services under this RFP may be awarded to multiple Contractors at the discretion of the City.

Respondents may provide a proposal on all or some of the services requested in this RFP.

This work should take place during the LCC closure between June 30, 2025 and August 21, 2025. Please provide lead time on components as listed in Attachment A – Equipment List.

Please refer to Section IV – Scope of Services, for the detailed services requested in this RFP. Please also see the following attachments:

• Attachment A – Equipment List (for Respondent completion)

• Attachment B – Audio Systems Upgrade Drawings

• Attachment C – LCC Cabling Testing Requirements

A non-mandatory, pre-proposal will be held onsite at 10:00 AM on April 23, 2025 at the Lakewood Cultural Center main lobby located at 470 S. Allison Pkwy., Lakewood, CO 80226.

II. LOCATION AND BACKGROUND INFORMATION

The City is seeking to replace an existing passive point-source speaker installation at the Lakewood Cultural Center (LCC), located at 470 S. Allison Pkwy, Lakewood, CO 80226.

The LCC opened in 2000 and features a 320-seat fixed proscenium theater that hosts over 200 performances annually, including theater, dance, live music, comedy, and more. The existing speaker system is original to the building and includes left/right clusters consisting of 6 EAW JF-260Z and a center-hung McCauley 840 Dual 15” Subwoofer.

In 2021, the City replaced its existing amplifiers with 4 Powersoft Quattrocanali and 1 Powersoft Duocanali. At this time, the City also installed an Allen & Heath Avantis, Allen & Heath AHM64 System Processor and 96k Dante network. Primary Dante network consists of two managed switches located in the amplifier room and control booth, with network connections available at all four corners of the stage, both sides of the orchestra pit and spot booth and at each catwalk. The City intends to integrate the new Speaker System into its existing Dante network while retaining and reusing the equipment from the 2021 project wherever possible.

III. PROPOSAL SUBMITTAL REQUIREMENTS

A. Respondents shall submit Proposals no later than 10:00 a.m. M.T. on May 8, 2025, via RMEPS at: https://www.bidnetdirect.com/colorado.

Part I Page 2 of 2

B. Proposals shall include the following information:

1. Completed Proposal Form (Section III)

2. Identification of all costs in Scope of Services (Section IV)

All box-level components and associated labor costs shall be listed in the proposal by line item. Equipment brands, model numbers, etc., must be provided. Pricing shall include all mounting hardware, cabling, installation and programming labor costs. Respondent is responsible for quoting, procuring and installing all necessary components for a fully-functioning system as outlined herein. Please refer to the attached documents for the basis of design.

3. Cost of drawings and permit fees, if applicable.

4. Pricing for items in Attachment A – Equipment List.

5. Shop drawings for proposed system/installation per Attachment B – Audio

Systems Upgrade Drawings.

6. Evidence of ability to meet City’s schedule.

7. List of current customer references including contact name and phone number.

8. Any additional information Respondent feels would be helpful for the selection committee.

C. All questions about this RFP shall be directed to Kaitlyn Sullivan, Buyer II, at kaisul@lakewood.org. Questions must be sent via email no later than 5:00 p.m. MT on April 28, 2025. One or more addenda may be issued, which will include all questions and the City’s responses, and will be posted on RMEPS at:

https://www.bidnetdirect.com/colorado. Each Respondent is responsible to respond, with the Proposal submitted, to each addendum issued. Failure to address each addendum may result in disqualification of the Proposal.

IV. SCHEDULE OF EVENTS

RFP Issued April 11, 2025 Pre-Proposal Meeting April 23, 2025 – 10:00 AM MT Questions Due April 28, 2025 – 5:00 PM MT City Addendum Issued (if necessary) April 30, 2025 RFP Submittal Due Date May 8, 2025 – 10:00 AM MT Award Date (approximate) May 15, 2025

V. SUBMITTAL EVALUATION INFORMATION

Proposals will be evaluated by representatives from the City’s Community Resources Department and Purchasing on the following criteria (not ordered in their relative importance):

• Responsiveness to this RFP (including addenda responses, if issued)

• Demonstrated ability in providing the requested services as verified through reference checks

• Ability to meet schedule requirements

• Cost of services

• Acceptance of City contract terms (see Sample Agreement attached to this RFP)

Part II Page 1 of 3

INFORMATION TO RESPONDENTS

I. QUALIFICATIONS

A. No Proposal shall be accepted from, and no award shall be made to, any person or entity that is in arrears to the City: (i) upon debt or contract that is a defaulter, as surety or otherwise; (ii) upon any obligation to the City; or (iii) that is deemed irresponsible or unreliable by the City.

B. If requested, each Respondent shall submit satisfactory evidence that it has a practical knowledge of the Project and the necessary financial resources to complete the Project.

II. PROPOSAL SUBMITTAL

A. Before submitting a Proposal, each Respondent shall read the Request for Proposal, Scope of Services, Sample Agreement and all other contract documents included herein and fully inform itself as to all existing conditions, uncertainties, requirements and limitations. The submission of a Proposal shall be considered conclusive evidence that the Respondent has fully complied with these requirements.

B. Each Proposal shall be typed or legibly written in ink and include sums identifying the cost of each item to be included in the contract with all prices given in figures and also words where called for. The Proposal must cover all of the items of performance therein and no others unless instructions to the contrary are specifically stated in the Scope of Services.

C. Proposal must be submitted via RMEPS. Proposals submitted by any other means will not be accepted.

D. The completed forms shall be without any interlineations, alterations or erasures.

Proposals shall not contain any recapitulation of the performance herein asked for, and alternative proposals will not be considered unless expressly requested by the City.

E. Each Respondent must sign its Proposal with its usual signature and shall give the Respondent’s full business address on the form provided. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by limited liability companies shall be signed by the LLC’s manager or managing member, as applicable. Proposals by corporations shall be signed with the name of the corporation followed by the signature and designation of the President, Secretary or other person authorized to bind such corporation in the matter and shall have the corporate seal affixed.

III. LATE PROPOSALS; MODIFICATION OR WITHDRAWAL OF PROPOSALS

A. Proposals will not be accepted after the due date and time set forth in this RFP.

B. Any modifications to or withdrawal of a Proposal must be done via RMEPS prior to the exact time set for receipt of Proposals.

Part II Page 2 of 3

IV. PROPOSAL INTERPRETATION

A. No information derived from any maps, plans, specifications, profiles, drawings or any City representative will relieve Respondent from any risk or from fulfilling all terms of this RFP or from fulfilling all of the terms of the awarded contract (the “Contract”). The accuracy of a Respondent’s interpretation of the facts disclosed by any City representative is not guaranteed. Respondent shall not at any time make claim to any additional payments, considerations or accounting of any misunderstanding regarding the nature or amount of work to be performed.

B. Should a Respondent find discrepancies in or omissions from any drawings, specifications or other contract documents, or should a Respondent be in doubt as to the true meaning thereof, such Respondent shall at once notify Kaitlyn Sullivan, Buyer II, kaisul@lakewood.org or telephone 303-987-7885, at least 48 hours prior to the time set for the opening of Proposals, excluding Saturdays, Sundays and holidays. If the point in question is not clearly and fully set forth, a written addendum or bulletin of instructions will be posted on RMEPS at: https://www.bidnetdirect.com/colorado

V. AUTHORITY REQUIREMENTS

Respondent agrees to abide by all federal, state and local laws, rules and regulations in securing all necessary licenses and permits in connection with the Proposal. Such laws, rules and regulations shall apply to this RFP throughout and will be deemed to be included in the contract for the Project (the “Contract”) the same as though herein written out in full.

VI. PRICE QUOTE

Proposals submitted with quotes of prices effective only at time of Proposal delivery are not acceptable. Only firm price quotes will be considered in evaluation and award of the contract.

VII. CHANGES CLAUSE

No change will be made to the requirements of this RFP without the express written consent of the City. Any excess cost incurred by the Contractor, in the event an unauthorized change is made, will be at its expense and not chargeable to the City. Any change made without the consent of the City may result in cancellation of the Contract.

VIII. PAYMENT

City payment terms are Net 30 days, unless otherwise negotiated. Payment shall be processed upon the City’s receipt of an itemized invoice. Each purchase order shall be invoiced separately.

IX. TAX EXEMPT

The City, as a Colorado municipal corporation, is exempt from taxation and shall not be charged taxes on any materials, equipment or services used, purchased or consumed in fulfillment of the Contract.

Part II Page 3 of 3

X. CONFIDENTIAL AND PROPRIETARY INFORMATION

The City is a public entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-201, et seq. (the “Act”), and therefore, this RFP and all Proposals are subject to public disclosure under the Act. In the event a Respondent desires any information provided as part of the Proposal process to be kept confidential, the Respondent must clearly mark all such information and provide a brief description as to why the information is, or should be, considered confidential or proprietary. Such identification by a Respondent is not determinative, and the City shall make the final decision as to whether such identified information may be kept confidential under the Act. In no event shall entire Proposals be marked confidential.

XI. CONTRACT INCLUSIONS AND EXCLUSIONS

A. All Respondents are hereby placed on notice that Parts I through IV of, and any addenda issued for, this RFP will be incorporated by reference as contract documents with the Contract and will be on file in the Office of the City Clerk. The successful Respondent (the “Contractor”) shall not destroy these documents.

B. A sample contract is included with this RFP. By submitting a Proposal, Respondents expressly agree to the terms and conditions contained in the sample contract including, but not limited to, provisions regarding public documents, indemnification and insurance, unless the Proposal contains express, unambiguous and clearly marked exclusions to the sample contract. Failure to clearly identify exceptions to the sample contract shall constitute acceptance of all provisions therein, and no negotiation regarding such provisions shall be allowed. Any such exclusions shall be considered in the City’s evaluation of the Proposal and may result in a less-favorable rating of the Proposal.

XII. EXPECTATIONS FOR PROFESSIONAL SERVICES; PERFORMANCE STANDARDS

The City expects knowledge and skill that meet the requirements of the Contract, not work that is merely “not negligent.” Consequently, the Contractor shall be liable and responsible for any and all design defects, as well as damages to persons or property, caused by or arising out of the actions, obligations or omissions of Contractor or its employees, agents, subcontractors or other persons acting under the Contractor’s direction or control in performing or failing to perform the Services under Contract.

Part III Page 1 of 4

PROPOSAL FORM

REQUEST FOR PROPOSAL NO.: 6274

PROPOSAL DUE DATE & TIME: May 8, 2025, 10:00 a.m. M.T.

SUBMIT PROPOSALS ELECTRONICALLY: Rocky Mountain E-Purchasing System portal at:

https://www.bidnetdirect.com/colorado

CITY CONTACT: Kaitlyn Sullivan, Buyer II 303-987-7885 kaisul@lakewood.org

RESPONDENT NAME:

ADDRESS:

Contact Person:

Phone Number:

Email:

Federal Tax ID Number:

OPTIONAL INFORMATION

Please select if applicable (information provided is for data collection only and will not be used for evaluation purposes):

o CERTIFIED MINORITY-OWNED BUSINESS o CERTIFIED WOMEN-OWNED BUSINESS

Part III Page 2 of 4

STATEMENT OF RESPONDENT’S QUALIFICATIONS

1. Respondent Name

2. How many years has Respondent been engaged in this type of business?

3. List several companies and a person to contact with whom Respondent has contracts similar in nature to the services requested in this RFP:

A. B.

C. D.

4. List contracts with the City of Lakewood, if applicable, within the last five (5) years.

5. Are any lawsuits pending against Respondent at this time? (attach extra pages if needed)

Yes _____ No _____ If yes, detail:

6. Have any charges been filed against Respondent with the Office of Contract Compliance, the Equal Opportunity Commission, the State of Colorado Civil Rights Commission, or any other similarly constituted entity, by any state or local government for the enforcement of anti-discrimination legislation or regulations?

Yes _____ No _____ If yes, detail:

Part III Page 3 of 4

7. Respondent’s contract exclusions, if any. Please see Part II, Section XI., Item B., Contract Inclusions & Exclusions and Sample Agreement provided in this RFP:

8. The undersigned hereby authorizes and requests any person or entity to furnish any information requested by the City of Lakewood in verification of the recitals contained in this Statement of Respondent's Qualifications and hereby warrants and certifies that the answers to the foregoing questions and all statements herein contained are true and correct.

Part III Page 4 of 4

CERTIFICATION OF NON-COLLUSION

The undersigned Respondent hereby acknowledges that it has not entered into any agreement with any other Respondent or prospective Respondent or with any other person or entity relating to the price named in Respondent’s Proposal or any other Proposal, nor any agreement or arrangement under which any person or entity is to refrain from quoting, nor any agreement or arrangement for any act or omission in restraint of free competition among Respondents.

Furthermore, Respondent has not disclosed to any person or entity the terms of the Proposal or the price named therein.

In compliance with the terms and conditions of this RFP, the undersigned Respondent agrees to furnish all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. Respondent hereby certifies that this quoted price is firm for a period of sixty (60) calendar days from the due date specified in this RFP.

The following must be fully completed:

Dated at this day of ,2025.

SIGNATURE OF RESPONDENT:

If an individual By

Doing business as

If a partnership By , Partner

If an LLC By

TITLE

If a corporation a corporation (State) By

TITLE

Part IV Page 1 of 6

SCOPE OF SERVICES & PROJECT INFORMATION

1. Audio Systems

I. Audio Systems Integration

a. Any rigging or structural mounting necessary for all audio systems components

b. All active low voltage equipment for functioning audio system

c. Installation of audio equipment

d. Installation, rigging, and coordination of OFE monitor speakers on stage

e. Commissioning and tuning of system

f. Powered left, center, and right control room monitoring speakers integrated into

AHM

g. Programming of all audio DSP and User Control Interfaces for a functioning system

h. Termination of cabling and connectivity of system

II. All materials, equipment, transport, and labor necessary to accomplish the project and have a complete working system

III. Shop drawings for complete working system IV. Any required licenses and/or permits necessary to complete the project, including payment thereof V. Verification of dimensions and locations of all installed equipment according to provided design documents VI. Installation in accordance with the contract, provided design documents, manufacturer’s recommendations, applicable codes and authority having jurisdiction VII. Documented system tests and adjustments VIII. Instruction of operating personnel and provision of manuals IX. Provision of any applicable warranty information and terms of post-installation maintenance or support X. End user training XI. Provide a list of all manufacturer’s data sheets on products to be incorporated

a. Functional diagrams and description of all parts of the system installation

b. Shop/As-Built Drawings:

i. Schematic: Detailed wiring diagrams showing interconnection of components and products, wiring and cabling diagrams depicting cable types and cable designators, and all information included in the BETG drawing package. Provide connector designations and terminal strip identification, along with color codes for cables connecting to these devices. Give each component a unique designator and use this designator consistently through the project.

c. Coordination Drawings: Reference the performance system design documents for all items of systems coordination

d. Patch panel layouts and labeling strips, including color schemes consistent with City standards

e. Full fabrication details of custom enclosure and millwork indicating size, material, finish, and openings required for equipment and enclosures

Part IV Page 2 of 6

f. Structural rigging and mounting details:

i. Structural rigging and mounting details of all components suspended from or mounted to the building structure: These drawings will identify all types of hardware, fittings and materials to be used. Detail the product manufacture, part numbers and load capacity of the hardware, fittings and materials selected.

ii. The signed and sealed drawings noted above to include the following:

1. Attachment method to the building structure for suspended devices or brackets

2. Any secondary steel required for attachment to the building structure

3. All fittings, hardware, materials, and cable used for suspended equipment

4. All custom brackets, mounts, suspension grids or trusses and frames or brackets not supplied by the manufacturer of the specific device to be mounted or suspended

g. Fabricated Plates and Panels: Provide complete drawings on custom fabricated plates or panels. Drawings shall include dimensioned locations of components, component types, engraving information, plate material and color, and bill of material

h. Labeling: Equipment and cabling labeling scheme. Coordinate scheme with BETG prior to installation

XII. Equipment

a. Acceptable Manufacturers

i. Model numbers and manufacturers included in Attachment A – Equipment List, Attachment B – Audio Systems Upgrade Drawings, and this document are listed as a standard of function, performance, and quality

ii. Substitution is possible with written approval by the City or its representatives prior to installation

b. General

i. Equipment and materials shall be new and conform to applicable UL or

ANSI codes. Use care during installation to prevent scratches, dents, chips, etc

ii. Each device shall meet published manufacturer's specifications

iii. Provide and terminate all patchbays, wall plates, and connectivity points in order to create a functional system

1. Acceptable manufacturers include: Bittree, Canare, Eaton, Ace

Backstage

iv. Provide all line item equipment listed in Attachment A – Equipment List.

Include any and all power cabling, rigging accessories, etc

v. Equipment list specifies basis of design. Substitutions are possible with prior approval from the City or its representatives

vi. Additional equipment provided by the City is listed under ‘OFE

Equipment’ in Attachment A – Equipment List

vii. Audio systems contractor shall be responsible for providing and installing all barrier and terminal strips as shown on drawing package

1. Acceptable manufacturers include but are not limited to: Eaton -

Bussmann, Molex, Weidmuller

Part IV Page 3 of 6

XIII. Execution

a. Installation

i. Mount equipment and enclosures plumb and square. Permanently installed equipment shall be firmly and safely held in place

b. Labelling

i. The label nomenclature shall correspond to the City’s standard

ii. Install in a plumb, level, and permanent manner

iii. Provide engraved label over each user-operated control that describes the function or purpose of the control. Adjust label size to fit available space

iv. Provide each terminal strip with a unique descriptor and a numerical designator for each terminal. Show terminal strip descriptor and designator on system schematic drawing

v. Provide logical and legible cable and wiring label permanently affixed for easy identification

vi. Labels on cables shall be adhesive strip Brady type white background with black lettering and clear wrap. Factory stamped heat shrink tubing is also acceptable

vii. Locate the designator at the origination and destination of each cable within 3 inches of the point of termination or connection. Circuits that have intermediate splice points shall have the same designator throughout with an additional suffix to indicate each segment

XIV. Closeout and Commissioning

a. The following will be a part of the closeout and commissioning process

i. Observation of the methods provided to incorporate the System within the facility

ii. Verification of proper operation of all devices

iii. Verification that the equipment has been properly adjusted, balanced, and aligned for optimum quality and meets the manufacturer's published specifications

iv. Category 6 Cable test

1. Conduct tests on all Category 6 cabling based on section 27 17 00 in Attachment C – LCC Cabling Testing Requirements

2. Provide an electronic copy of the test results to the City

v. In the event further adjustment or work becomes evident during testing, the Contractor shall continue his work until the system is acceptable at no addition to the contract price. If approval is delayed because of defective equipment, or failure of equipment or installation to meet the requirements of these specifications, the Contractor shall pay for additional time and expenses of the City or the City’s Representative at the standard rate in effect at that time

b. Prior to energizing or testing the system, ensure the following:

i. All product is installed in a proper and safe manner per the manufacturer’s instructions

ii. Work area is clean

iii. Cable is dressed, routed, and labeled

iv. All products are neat, clean and unmarred and parts securely attached

v. All devices are properly grounded

Part IV Page 4 of 6

2. Cabling

I. Structured Cabling

a. Network patch panels and wall plates

b. All network and audio cabling necessary for functioning system

c. Low voltage wire termination and pulling of all cables listed on XP-701 of

Attachment B – Audio Systems Upgrade Drawings II. Required licenses and permits including payment of charges and fees III. Verification of dimensions and conditions at the job site IV. Installation in accordance with the contract documents, manufacturer's recommendations, applicable codes and authority having jurisdiction V. Documented system tests and adjustments VI. Instruction of operating personnel VII. Provision of manuals VIII. Maintenance services and warranty IX. Provide a list of all manufacturers’ data sheets on products to be incorporated within the Work

a. Functional diagrams and description of all parts of the system installation

b. Shop/As-Built Drawings

i. Schematic: Any detailed wiring diagrams showing interconnection of components and products, wiring and cabling diagrams depicting cable types and cable designators, and all information included Attachment B – Audio Systems Upgrade Drawings. Provide connector designations and terminal strip identification, along with color codes for cables connecting to these devices. Give each component a unique designator and use this designator consistently throughout the project

c. Coordination Drawings: Reference the performance system design documents for all items of systems coordination

d. Patch panel layouts and labeling strips, including color schemes consistent with client standards

e. Full fabrication details of custom enclosure and millwork indicating size, material, finish and openings required for equipment and enclosures

f. Fabricated Plates and Panels: Provide complete drawings on custom fabricated plates or panels. Drawings shall include dimensioned locations of components, component types, engraving information, plate material and color, and bill of material

g. Labeling: Equipment and cabling labeling scheme. Coordinate scheme with BETG prior to installation

h. Schedules: Reference the performance system Design Documents X. Equipment

a. Acceptable Manufacturers

i. Model numbers and manufacturers included in Attachment A –

Equipment List, Attachment B – Audio Systems Upgrade Drawings, and this document are listed as a standard of function, performance, and quality

ii. Substitution is possible with written approval by the City or its representatives prior to installation

Part IV Page 5 of 6

b. General

i. Equipment and materials shall be new and conform to applicable UL or

ANSI codes. Use care during installation to prevent scratches, dents, chips, etc.

ii. Each device shall meet published manufacturer's specifications

iii. Install plenum cable as necessary by code

XI. Execution

a. Installation

i. Mount equipment and enclosures plumb and square. Permanently installed equipment shall be firmly and safely held in place

b. Labelling

i. The label nomenclature shall correspond to the City’s standard

ii. Install in a plumb, level, and permanent manner

iii. Provide engraved label over each user-operated control that describes the function or purpose of the control. Adjust label size to fit available space

iv. Provide each terminal strip with a unique descriptor and a numerical designator for each terminal. Show terminal strip descriptor and designator on system schematic drawing

v. Provide logical and legible cable and wiring label permanently affixed for easy identification

vi. Labels on cables shall be adhesive strip Brady type white background with black lettering and clear wrap. Factory stamped heat shrink tubing is also acceptable

vii. Locate the designator at the origination and destination of each cable within 3 inches of the point of termination or connection. Circuits that have intermediate splice points shall have the same designator throughout with an additional suffix to indicate each segment

XII. Closeout and Commissioning

a. The following will be a part of the closeout and commissioning process

i. Observation of the methods provided to incorporate the System within the facility

ii. Verification of proper operation of all devices

iii. Verification that the equipment has been properly adjusted, balanced, and aligned for optimum quality and meets the manufacturer's published specifications

iv. Testing data for all cabling and termination showing passing tests

v. Category 6 Cable test

1. Conduct tests on all Category 6 cabling based on Attachment C – LCC Cabling Testing Requirements

2. Provide an electronic copy of the test results to the City

vi. In the event further adjustment or work becomes evident during testing, the Contractor shall continue his work until the system is acceptable at no addition to the contract price. If approval is delayed because of defective equipment, or failure of equipment or installation to meet the requirements of these specifications, the Contractor shall pay for additional time and expenses of the City or the City’s Representative at the standard rate in effect at that time

Part IV Page 6 of 6

b. Prior to energizing or testing the system, ensure the following:

i. All product is installed in a proper and safe manner per the manufacturer’s instructions

ii. Work area is clean

iii. Cable is dressed, routed, and labeled

iv. All products are neat, clean and unmarred and parts securely attached

v. All devices are properly grounded

SAMPLE AGREEMENT

CITY OF LAKEWOOD

AGREEMENT FOR SERVICES – REQUEST FOR PROPOSAL NO. 6274

THIS AGREEMENT FOR SERVICES – REQUEST FOR PROPOSAL NO. 6274 (the “Agreement”) is made and entered into by and between the CITY OF LAKEWOOD, a Colorado home rule municipal corporation whose principal business address is 480 South Allison Parkway, Lakewood, Colorado 80226 (the “City”), and CONTRACTOR NAME, a [Colorado/Other State] [corporation] [limited liability company] [partnership] [individual/sole proprietor], authorized to conduct business in the state of Colorado, whose local business address is (“Contractor”), effective as of the latest date set forth in the signature blocks below (the “Effective Date”).

WHEREAS, pursuant to Request for Proposal (“RFP”) No. 6274, the City received proposals at 10:00 a.m. on May 8, 2025, for Lakewood Cultural Center Speaker System Equipment & Installation Services per City Specifications, and determined Contractor’s proposal to demonstrate the most appropriate combination of cost, responsiveness and responsibility (the “Proposal”);

WHEREAS, the City desires to retain the services of Contractor in accordance with RFP No. 6274 and the Proposal; and

WHEREAS, Contractor desires to provide such services to the City.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which is expressly acknowledged, the parties hereby agree as follows:

I. CONTRACT DOCUMENTS

A. CONTRACT DOCUMENTS. The Contract Documents shall be this Agreement and RFP No. 6274, together with the Request for Proposal Response Form, General Provisions, Scope of Services, Statement of Respondent’s Qualifications, any Addenda, the Proposal and the Notice of Award, all incorporated herein by reference.

B. ORDER OF PRECEDENCE. In the event of any conflict among the provisions of the Contract Documents, the order of precedence shall be as follows:

1. This Agreement;

2. Addenda to RFP No. 6274 (if any);

3. RFP No. 6274

4. Scope of Services (if any);

5. General Provisions (if any);

6. Notice of Award;

7. Proposal;

8. Other Contract Documents (if applicable).

II. SERVICES

A. SCOPE OF SERVICES. The City agrees to retain Contractor to provide the services identified in the Proposal in the manner set forth in the Proposal and in accordance with the terms of RFP No. 6274 and the other Contract Documents (collectively, the “Services”).

B. DELIVERABLES; ELECTRONIC FORMATS. All deliverables and any other tangible materials produced by Contractor pursuant to this Agreement shall at all times be considered the property of the City.

1. In the event any deliverables required under this Agreement consist of reports, surveys, maps, plans, drawings, photographs or videos, or any other materials that lend themselves to production in electronic format, as determined by the City, Contractor shall provide such deliverables to the City in both hard copy (except videos) and one (1) or more electronic formats acceptable to the City, unless otherwise directed by the City in writing, and Contractor’s failure to do so shall constitute a material breach of this Agreement. Contractor shall indemnify and hold harmless the City for any intellectual property infringement claims against the City resulting from Contractor’s performance of the Services, including, but not limited to, claims based on trademark or copyright.

2. Acceptable electronic formats may include, but are not necessarily limited to, editable Word document, editable PDF document, AutoCAD, specified GPS/GIS format(s) and specified video format(s). Contractor shall consult with the City prior to beginning the Services to determine which electronic formats are acceptable.

C. ADDITIONAL WORK. Should any work beyond the Services be necessary, the parties must execute, prior to commencement of such additional work, an amendment hereto or separate City contract for the work, and such work will be compensated at cost to be agreed upon in such amendment or contract. Any such contract must be executed and approved pursuant to City purchasing policies.

III. PERFORMANCE

A. REPRESENTATIONS; PROSECUTION OF SERVICES.

1. Contractor warrants and represents that it has the requisite authority, capacity, experience and expertise to perform the Services in compliance with the provisions of this Agreement and all applicable laws and agrees to perform the Services on the terms and conditions set forth herein.

2. Contractor shall use its best efforts, skill, judgment and abilities to perform all work on behalf of the City in a professional and workmanlike manner, free of material error.

3. Except as otherwise set forth Contractor shall, at its own expense, perform all tasks and provide all labor, materials, supplies, tools, machinery, utilities, equipment and any other items that may be necessary for the completion of the Services.

B. SUBCONTRACTS. Contractor hereby agrees that it will not engage subcontractors to perform any part of the Services, other than for the provision of goods, materials or supplies, without the express written consent of the City, which shall not be unreasonably withheld.

C. LICENSES AND PERMITS.

1. Contractor and each subcontractor shall, at no cost to the City, obtain all licenses and permits required for the Services, if any, including a City of Lakewood sales and use tax license.

2. Contractor shall be current on all legal obligations to the City and to any other governmental entity, including but not limited to, payment of taxes and fees, reporting, and all material contractual obligations.

D. TIME OF ESSENCE AND RATE OF PROGRESS. Contractor acknowledges and agrees that time is of the essence for this Agreement and that it is an essential term of this Agreement that Contractor maintain a rate of progress in the Services that will result in completion of the Services in accordance herewith. To that end, Contractor agrees to proceed with all due diligence to complete the Services in a timely manner in accordance with this Agreement, and further agrees that failure to complete any of the Services during the Term of this Agreement, or as may be more specifically set forth in Attachment A, shall be deemed a breach hereof.

E. MONITORING AND EVALUATION. The City reserves the right to monitor and evaluate the progress and performance of Contractor to ensure the terms of this Agreement are being satisfactorily met in accordance with the City’s and other applicable monitoring and evaluating criteria and standards. Contractor shall cooperate with the City relating to such monitoring and evaluation.

F. SPECIFIC PERFORMANCE. In the event of a breach of this Agreement by Contractor, the City shall have the right, but not the obligation, to obtain specific performance of the Services in addition to any other remedy available under applicable law.

IV. CONSIDERATION AND PAYMENT

A. AMOUNT. In full consideration of Contractor’s performance of the Services, the City shall compensate Contractor in accordance with the Contract Documents [or] an amount not to exceed [Write in Words] dollars ($XX.00) (the “Compensation”) during the Term hereof. Notwithstanding the foregoing, in the event the total cost of the Services provided is less than the Compensation amount herein set forth, the City shall compensate Contractor only for the cost of the Services provided.

B. NO REIMBURSEMENT OF EXPENSES. In no event shall the City reimburse Contractor for out-of-pocket, travel, meal or any other expenses that are in addition to or in excess of the Compensation agreed to herein.

C. PAYMENT.

1. In General. Unless otherwise set forth herein or as expressly stated in any attachment or exhibit hereto, the City shall make Compensation payments to Contractor within thirty (30) days after receipt and approval of invoices submitted by Contractor. Contractor shall submit invoices to the City not more frequently than monthly and shall identify therein the specific Services performed for which payment is requested. Payments will be made payable to Contractor’s personal, trade or business name as first stated above. Any such trade or business name must be registered with the Office of the Colorado Secretary of State.

2. Final Payment. Contractor may request final payment upon completion of the Services and acceptance thereof by the City. The total amount of final payment shall consist of the total Compensation adjusted in accordance with approved change orders, if any, less any previously paid amounts, any costs incurred by the City under Section V(B) below and any other set-off amounts.

D. RELEASES AND RECEIPTS. The City, before making any payment of Compensation, may require Contractor to furnish releases or receipts from persons performing work or supplying material or services to Contractor, or to any subcontractor, if deemed necessary to protect the City’s interests; provided, however, that the City may make payment to Contractor in part or in full without requiring the furnishing of such releases or receipts.

E. APPROPRIATION. The City is not obligated by this Agreement to make any payments in any fiscal year beyond the fiscal year for which funds are appropriated or to make payments from any funds of the City other than funds appropriated for the payment of current expenditures. All payment obligations of the City under this Agreement are from year-to-year only and do not constitute a multiple-fiscal-year direct or indirect debt or other financial obligation of the City.

F. TAX EXEMPT. The City, as a Colorado municipal corporation, is exempt from taxation and shall not be charged taxes on any materials, equipment or services used, purchased or consumed in fulfillment of the Services. Where necessary to comply with this provision, the City's Purchasing Division may issue to Contractor a tax exemption certificate.

V. TERM AND TERMINATION

A. TERM. The term of this Agreement shall commence on the Effective Date and shall expire upon [DATE], unless extended by the Parties in writing, at which time all Services shall have been completed to the City’s satisfaction.

B. TERMINATION.

1. Termination by the City. The performance of the Services may be terminated at any time, in whole or in part, by the City for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice specifying the extent to which performance of the Services is terminated and the date upon which termination becomes effective.

2. Termination by Contractor – Breach/Default by City. Contractor may terminate this Agreement in the event of a material breach or default by the City; provided, however, that Contractor has first given the City written notice of the nature of the breach or default and the City shall have failed to cure within ten (10) business days after receipt of the notice. Pending resolution of any material breach or default by the City, Contractor may, in addition to any other remedies provided by law, discontinue performance of the Services without being in breach of this Agreement. In no event shall the City withhold payment in retaliation for Contractor’s claim of breach or default.

3. Payment upon Termination. If this Agreement is terminated, Contractor shall be paid on the basis of the Services satisfactorily completed. The portion of the Services completed but not yet accepted by the City shall be determined by the

City in the exercise of its sole, reasonable discretion. Furthermore, any costs incurred by the City as a result of Contractor’s breach of this Agreement, including, but not limited to, costs incurred to re-bid the Services or otherwise obtain another contractor to complete the Services, may be charged against any amounts otherwise owed to Contractor. In the event such costs are greater than the amounts owed to Contractor for work completed hereunder, the City may seek collection of such cost in any legal manner. Notwithstanding the foregoing, in no event shall the City withhold any payment in retaliation for Contractor’s claim of breach or default against the City.

4. Force Majeure. In the event Services cannot be performed or are cancelled due to circumstances beyond the reasonable control of either party, including, but not limited to, power or utility outage; earthquake, fire or flood; epidemic or pandemic; emergency declaration or other decree by a government entity;

insurrection, riot, war or terrorist attack; disruption in air or rail traffic; or other similar cause (a “Force Majeure”), neither party shall be obligated hereunder for such cancellation or non-performance.

VI. INDEPENDENT CONTRACTOR

Notwithstanding any language in this Agreement or any representation or warranty to the contrary, the relationship between Contractor and the City shall be as independent contractors, and neither the City nor Contractor shall be deemed or constitute an employee, servant, agent, partner or joint venturer of the other.

A. CONTROL. Contractor has the authority to control and direct the performance and details of the Services. Notwithstanding the foregoing, the Services must meet the City’s approval and shall be subject to the City’s general right of supervision to secure the satisfactory completion thereof.

B. TAXES AND BENEFITS. Contractor is not an employee of the City, is not entitled to workers' compensation benefits, is not entitled to unemployment insurance benefits, and is obligated to pay federal and state income tax on any moneys earned pursuant to this Agreement. The City will not withhold or cause to be withheld federal or state taxes or social security payments from Contractor’s compensation. Further, Contractor is not and shall not be entitled to benefits provided by the City to its employees, including, but not limited to, health insurance, disability insurance or pension benefits.

VII. LIABILITY AND INDEMNIFICATION

A. CONTRACTOR LIABILITY. Contractor shall be liable and responsible for any and all defects and damages to persons or property arising out of or attributable to the negligence or fault of contractor, contractor’s agents, representatives, subcontractors, suppliers or other persons acting under Contractor’s direction or control in performing or failing to perform the Services under this Agreement.

B. INDEMNIFICATION.

1. Contractor. Contractor shall indemnify and hold harmless the City, its elected and appointed officials and its employees, agents and representatives (collectively, the “Indemnified Parties”), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including, but not limited to, attorney fees, which may be made or brought or which may result against any of the Indemnified Parties as a result or on account of the negligence or fault for actions or omissions of Contractor or its employees, agents or subcontractors, or other persons acting under Contractor’s direction or control, in performance of the Services. This indemnity shall be interpreted in the broadest possible manner consistent with applicable law to indemnify the City.

2. City. Regardless of any written or oral statement to the contrary, in no event, instance or circumstance shall the City indemnify or hold harmless Contractor.

C. SUBCONTRACTS. If Contractor engages subcontractors to perform any part of the Services other than the furnishing of goods, materials or supplies, Contractor shall include the provisions of this Section in any such subcontracts.

D. SURVIVAL; NO LIMITATION. The provisions set forth in this Section shall survive the completion of the Services and the satisfaction, expiration or termination of this Agreement. The obligations set forth in this Section shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section.

VIII. INSURANCE REQUIREMENTS

A. REQUIRED COVERAGES. Contractor shall procure and continuously maintain during the term of the Agreement, the following minimum insurance coverages:

1. Commercial General Liability. Contractor shall procure and keep in force for the duration of this Agreement a policy of commercial general liability insurance insuring Contractor, and naming the City as an additional insured, against any liability for personal injury, bodily injury, death or property damage arising out of the performance of the Services. Coverage amounts shall be maintained at the levels set forth in such policy/ies, which shall be no less than One Million U.S.

Dollars ($1,000,000) each occurrence. Such policies shall include coverages for contractual liability and products/completed operations liability. The limits of such insurance shall not limit the liability of Contractor hereunder.

2. Automobile Liability. Contractor shall procure and keep in force for the duration of this Agreement a policy of comprehensive automobile liability insurance, include statutory personal injury protection and uninsured motorist coverage, insuring Contractor, and naming the City as an additional insured, against any liability for personal injury, bodily injury, death or property damage arising out of the use of all motor vehicles used in connection with the performance of the Services, on or off the site, whether the motor vehicles are owned, non-owned or hired. Coverage amounts shall be maintained at the levels set forth in such policy/ies, which shall be no less than a combined single limit of One Million U.S.

Dollars ($1,000,000). The limits of such insurance shall not limit the liability of Contractor hereunder.

3. Workers’ Compensation. Contractor shall provide proof of Workers’ Compensation Insurance. Should Contractor have no employees providing the Services, Contractor shall sign the attached Worker’s Compensation Representation form and hereby acknowledges that it will not seek Workers’

Compensation benefits from the City for “on-the-job” injuries sustained while performing this Agreement.

4. Other Insurance. Contractor shall procure and keep in force any other insurance required by applicable law.

B. TERMS OF INSURANCE.

1. General. Insurance required by this Agreement shall be with companies authorized to conduct business in Colorado and acceptable to the City and may provide for deductible amounts as Contractor deems reasonable for the Services, but in no event greater than Twenty Thousand U.S. Dollars ($20,000).

Jurisdiction and venue for any legal action against, and any other disputes with, insurers providing coverage hereunder shall be in Jefferson County, Colorado, or Denver, Colorado.

2. Changes. Not less than ten (10) days prior to the effective date of any cancellation of, or material change in, any insurance policy required herein, Contractor shall provide written notice of such cancellation or change to the City.

Contractor shall identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal Contractor changes to “occurrence,” Contractor shall carry a twelve (12) month tail.