RFP Multimodal Soft-Surface Trail Design and Build.pdf

REQUEST FOR PROPOSAL (RFP)

DESIGN AND BUILD A MULTIMODAL TRAIL THROUGH

CITY OF WESTMINSTER'S RANCH CREEK OPEN SPACE PROPERTY

Solicitation No. RFP-PRL-25-587

SCHEDULE OF EVENTS

RFP Advertisement 4/23/2025 Mandatory Pre-Proposal/Site Visit 5/7/2025 8:00 AM MST Deadline to Submit Questions 5/9/2025 4:00 PM MST Response to Questions 5/15/2025 4:00 PM MST Proposal Due Date 5/22/2025 4:00 PM MST Evaluation 5/27/2025-5/30/2025 Tentative Interviews 6/11/2025-6/13/2025

The party submitting a proposal, hereinafter referred to as the Proposer, offers to furnish to the City of Westminster the materials, supplies, products, or services requested in accordance with the specifications and subject to the Terms and Conditions described herein.

The City utilizes the Rocky Mountain E-purchasing System (BidNet®) in the advertisement and facilitation of solicitations administered by the City's Procurement Division; therefore, respondents must ONLY rely on documents provided on the Rocky Mountain E-purchasing System (BidNet®) website or as communicated directly from the Procurement official. Only rely on this web address: https://www.bidnetdirect.com/colorado https://www.bidnetdirect.com/colorado

Table of Contents

SECTION A: RFP OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

A.2 PROJECT DESCRIPTION

A.3 SCOPE OF WORK/ REQUIREMENTS

A.4 RFP ATTACHMENTS:

A.5 WORK SCHEDULE

A.6 MANDATORY PRE-PROPOSAL AND SITE VISIT:

A.7 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

A.8 CLARIFYING QUESTIONS:

A.9 ADDENDA:

A.10 PRICING:

A.11 PAYMENT TERMS:

A.12 INSURANCE REQUIREMENTS:

A.13 BID BOND REQUIREMENTS:

A.14 PAYMENT AND PERFORMANCE BONDS:

A.15 LIQUIDATED DAMAGES

A.16 REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

B.2 CHANGES:

B.3 MODIFICATION AND WITHDRAWAL OF PROPOSAL:

B.4 CONTRACT DOCUMENTS:

B.5 ACCEPTANCE PERIOD:

B.6 PROPOSAL CONTENTS AND FORMAT:

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

C.2 PROPOSAL EVALUATION ITEMS:

C.3 EVALUATION AND SELECTION:

C.4 AWARD TYPE:

C.5 NOTICE TO PROCEED:

SECTION D: GENERAL RFP INFORMATION & PROVISIONS

D.1 PAYMENT CONDITIONS:

D.2 RFP CONDITIONS AND PROVISIONS:

D.4 GRATUITIES AND KICKBACKS:

D.5 NON-COLLUSIVE PROPOSER CERTIFICATION:

D.6 DISCLOSURE OF CONTENTS OF PROPOSALS:

D.7 COOPERATIVE PURCHASING:

SECTION A: RFP OVERVIEW AND PROJECT REQUIREMENTS

A.1 INTRODUCTION:

The City of Westminster, hereinafter referred to as the City, is inviting qualified firms to submit proposals for the design and construction of a multimodal soft-surface trail through the City of Westminster's Ranch Creek Open Space property. This RFP outlines the scope of work, requirements, and conditions for proposing. The successful Proposer, hereinafter referred to as the Contractor, will enter into a contract with the City for the completion of the work outlined herein.

A.2 PROJECT DESCRIPTION

The project includes designing and building a multimodal soft-surface trail through City of Westminster's Ranch Creek Open Space property from approximately 115th Ave. and Pecos St. to Huron St. with a spur leading to W.113th Ave. Total distance is approximately 3,081 feet long by 8 feet wide. The project also includes wayfinding and safety signage. The design proposal should also include any drainage and structure recommendations along with materials recommendations. The contractor will be required to list key responsibilities, including key deliverables or milestones.

Location: Ranch Creek Open Space Estimated Duration: 7 months design/build, total project duration Completion Deadline: November 30th of 2025

A.3 SCOPE OF WORK/ REQUIREMENTS

The Scope of Work (SOW) is attached as Exhibit B to this RFP.

A.4 RFP ATTACHMENTS:

Exhibit A Sample Design/Build Contract Exhibit B Scope of Work Exhibit C Draft Plat for Tri State Property Exhibit D Project Map

A.5 WORK SCHEDULE

All work on City property shall be done during regular working hours on regular working days (Saturdays, Sundays and Holidays excepted). If a Contractor must work overtime, on City property, in order to meet required completion dates, they shall get advance approval from the agency involved, and hours of work shall be agreed upon.

A.6 MANDATORY PRE-PROPOSAL AND SITE VISIT:

Proposers MUST participate in the walk-through inspection of the site(s) conducted by City personnel to familiarize themselves with any conditions which may affect performance and proposed prices.

Participating Proposers shall meet at the date and time noted in the Schedule of Events on the cover page at the following location:

Location Ranch Creek Open Space Address: 1133 W. 113th Ave.

Westminster, CO For any issues finding the meeting location, Proposers may contact Spencer Thompson at 303-883-2261 on the date of the site inspection.

Proposals submitted by firms that did not have a representative at the mandatory pre-proposal will be considered non-responsive.

A.7 ELECTRONIC SUBMISSION OF PROPOSALS AND COMMUNICATION:

The City is using Rocky Mountain E-purchasing System (BidNet®) to advertise and manage formal solicitations. Registration with BidNet® is free and provides access to view posted governmental proposals, with an optional paid notification service.

Submission of all proposals and clarifying questions for this solicitation must be done electronically through BidNet® at https://www.bidnetdirect.com/colorado/cityofwestminster no later than the date and time specified in the Schedule of Events. The City is not responsible for the Proposer's actions or interactions with BidNet® or other third-party services related to this RFP.

For more information or assistance with BidNet®, call 1-800-835-4603, Option 2.

https://www.bidnetdirect.com/colorado/cityofwestminster

A.8 CLARIFYING QUESTIONS:

The City is not bound by, and Proposers shall not rely on, any oral interpretations or clarifications of this RFP.

All questions must be submitted via BidNet no later than the date and time specified in the Schedule of Events. Responses will be posted on BidNet for public viewing.

Except for pre-proposal meetings or site visits, communication with City personnel outside of the Procurement staff may result in disqualification of the Proposer’s submission.

A.9 ADDENDA:

In the event it becomes necessary to revise, change, modify or cancel this RFP or to provide additional information, addenda will be issued and made available on BidNet®. It is the responsibility of the Proposer to confirm that they have reviewed all addenda related to this solicitation and they have reviewed and complied with the RFP requirements.

A.10 PRICING:

All prices quoted shall be in the format defined in Section B.6 of this RFP.

Unit price for each item proposed on, shall be shown and shall be for the unit of measurement indicated. In case of error in extension of prices, the unit price will govern.

A.11 PAYMENT TERMS:

Progress payments are authorized in this procurement. Payment terms are Net 30.

A.12 INSURANCE REQUIREMENTS:

The Contractor shall carry the insurance specified in Exhibit A, Sample Design/Build Contract, which is included with this RFP, and shall submit proof of such insurance when delivering the executed Contract to the City of Westminster.

The City shall be named as an additional insured on the specified liability insurance policies and certificates of insurance. Insurance certificates required for this project shall be sent to the Project Manager, after the proposal has been awarded.

A.13 BID BOND REQUIREMENTS:

Each Proposer must submit a Bid Bond as part of their Proposal, equal to 5% of the total proposal price, issued by a surety company authorized in Colorado. The Bond guarantees that the Proposer will enter into a contract and provide the required Performance and Payment Bonds if awarded the contract. If the Proposer withdraws, fails to contract, or provide the required bonds within the specified time, the City may claim the full Bid Bond as liquidated damages. The City may waive this requirement for certain Proposers, as noted in the Proposal Documents. The Bid Bond must be submitted on a standard form, executed by a qualified surety company listed on the U.S. Department of the Treasury’s approved list. Failure to submit a valid Bid Bond may result in disqualification of the Proposal.

A.14 PAYMENT AND PERFORMANCE BONDS:

Upon award of the contract, the Contractor must provide both a Performance Bond and a Payment Bond, each equal to 100% of the total contract price. These bonds must be submitted within 10 business days after a City contract is executed. The bonds must be executed by a surety company authorized in Colorado, listed on the U.S. Department of the Treasury's approved list, and rated at least "A-" by A.M. Best or an equivalent agency. If the required bonds are not provided within the specified time, the City may rescind the contract award, forfeit the Bid Bond as liquidated damages, and award the contract to the next qualified Proposer.

Both bonds shall remain in effect pursuant to the terms of the general terms and conditions of the Agreement. Claims against the bonds may be pursued directly against the surety or require the Contractor to address any deficiencies, with the Contractor and surety liable for any resulting costs or damages. The bonds must be in forms approved by the City’s legal department.

A.15 LIQUIDATED DAMAGES

The City and the Contractor acknowledge that timely completion of the Work is critical to the success of this Construction Contract, and that the City will incur financial losses if the Work is not substantially completed within the time specified in the contract, plus any extensions granted by the City through written Change Order. The parties further recognize the difficulties in determining and proving the actual financial loss to the City in the event of delay. Therefore, in lieu of such proof, the City and Contractor agree that, as liquidated damages (and not as a penalty), the Contractor shall pay the City $1,000 for each calendar day the Work remains incomplete after the specified completion date, until the Work is substantially completed. The parties agree that this amount represents a reasonable estimate of the City's likely damages due to delay. If the Contractor fails to pay these liquidated damages upon demand, the Surety under the Performance Bond shall be liable for payment.

Additionally, the City may withhold the liquidated damages from any payment otherwise due to the Contractor under this Contract.

A.16 REGISTRATION WITH THE COLORADO SECRETARY OF STATE:

Proposers shall be required to furnish a Certificate of Good Standing from the Colorado Secretary of State’s Office, as proof that they are properly registered to do business in the State of Colorado, prior to finalization of award and contracting.

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SECTION B: PROPOSAL SUBMISSION REQUIREMENTS

B.1 GENERAL SUBMISSION INFORMATION:

This section outlines the submittal requirements for all documents and pricing.

Proposers must carefully follow these instructions and provide all requested information in the specified formats.

All proposals must be received by the date and time specified in the Schedule of Events on the cover page. Late submissions will not be considered.

Proposals submitted through BidNet are locked until after the due date. Bidders are encouraged to submit their bids well in advance to allow time for any technical issues, as late bids cannot be accepted by the system.

For assistance with bid submissions, please contact BidNet® at 1-800-835-4603, Option 2.

Proposers unable to submit electronically must submit a written request to the Procurement Analyst by the Question Due Date to receive permission and instructions for submitting a hardcopy bid.

B.2 CHANGES:

The City will not consider change orders or amendments unless they involve a change to the original project scope. Any items necessary for project completion that are not itemized in the proposal must be supplied by the Proposer at no additional cost to the City.

Omissions must be identified by the Proposer and listed as separate line items with pricing for inclusion in the proposal.

The City will not approve increases to the contract or purchase order (in amount or time) for items not included in the proposal.

B.3 MODIFICATION AND WITHDRAWAL OF PROPOSAL:

Proposals submitted early may be modified or withdrawn, subject to the Project Manager’s discretion. Withdrawn proposals may be resubmitted until the deadline for submission of proposals.

Once submitted, a proposal becomes City property. The City shall retain all proposals submitted regardless of whether that proposal is selected in accordance with the City’s retention policy. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this RFP.

B.4 CONTRACT DOCUMENTS:

The City's Sample Contract is provided as Exhibit A of this RFP. The awarded Contractor will be required to sign a version of the Contract similar to the one in Exhibit A, with modifications to reflect the actual scope of services.

Any exceptions to the Contract terms must be clearly identified and submitted with the proposal as a redlined version of the City’s Contract. These exceptions will be considered during the evaluation of proposals.

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

B.5 ACCEPTANCE PERIOD:

By responding to this RFP, Proposers confirm that their proposals are valid from the closing date of the RFP, through the initial contract term.

B.6 PROPOSAL CONTENTS AND FORMAT:

Proposals must be in Microsoft Word or an original PDF (not a scanned copy) as well as Excel if specified.

Proposals should address all items outlined in the SOW and align with the evaluation criteria, including the following:

1. Proposal. Proposals should not exceed 15 pages of text and figures.

Cover letters, resumes and exhibits to the proposal do not count toward the proposal page limit.

2. Firm Overview. Include a brief history and overview of the company.

Provide background information relevant to the evaluation of the project. At a minimum, including:

a. Name of Firm

b. Contact name and email address for this proposal

3. Experience. List each of the members of the team including:

a. Detailed information on each team member's experience with the type of design build work requested here.

b. Resumes of key personnel that will be actually involved in the project and availability of local staff.

c. List possible subcontractors utilized to extend your team.

4. Approach: Address the requirements in the RFP and an approach that clearly indicates an understanding of the City’s goals and expectations.

6. Project schedule. Demonstrate clear understanding of the project and the ability to meet the City’s targeted completion dates.

a. Provide a project schedule that includes the tasks outlined in the Minimum Scope of Services, included in Section B.

b. Include project milestones.

7. Experience and References. Recent and relevant project experience in the Colorado region for design build projects of similar size, scope, and complexity.

a. References for three similar projects, successfully completed within the past five years; include contact person, phone number and email.

i. Proposers will be evaluated on relevance, quality of work, timeliness, and customer satisfaction.

ii. The City reserves the right to visit sites to verify information provided or to gain a better understanding of the Proposer’s capabilities.

8. Project Cost and fee schedule.

a. Please submit a separate fee schedule in a Microsoft Excel spreadsheet and upload into BidNet with your proposal.

b. Total fee shall include all costs and expenses with estimates with a line item breakdown of the total price

i. Design Cost

ii. Build Cost

iii. Overhead and Profit

iv. Team Members and hourly rates, responsibilities

v. Support and maintenance

vi. Labor rates

vii. Materials

c. Please include a Guaranteed Max Price.

d. Total level of effort and fee relative to the proposed approach.

Bidders are to provide a cost breakdown and level of effort with other direct costs (ODCs) for each task in the Minimum Scope of Services included in Exhibit B of this RFP. Include any additional or optional services deemed appropriate for City consideration.

Include any additional or optional services deemed appropriate for City consideration.

The cost schedule should address all requirements set forth in the SOW as well as any other items pertinent to your proposal pricing such as additional discounts for increased quantities, etc. The requirements have been developed to allow the City to uniformly evaluate prices submitted for the work.

9. Licenses and Certifications. Proof of valid Colorado contractor’s license and applicable certifications, including proposed key personnel’s certification from the Professional Trail Builder’s Association.

10. Insurance. Proof of the contractor’s insurance coverage (general liability, workers' compensation, etc.).

11. Bid Bond in the amount of 5% of the total proposal price, issued by a surety authorized to do business in Colorado.

12. Sample Contract Redlines. (if applicable)

13. Certificate of Good Standing from the Colorado Secretary of State’s

Office.

Successful vendors that are required to furnish a Certificate of Good Standing from the Colorado Secretary of State’s Office, as proof that they are properly registered to do business in the State of Colorado, prior to finalization of award and contracting.

14. Subcontractor List. Proposers must demonstrate to the City's satisfaction the reliability and responsibility of any proposed subcontractors based on the criteria outlined in these Instructions and Proposal Requirements.

Prior to contract award, the City will notify the Proposer in writing if there are reasonable objections to any proposed subcontractors. In such cases, the Proposer may:

a. Withdraw its proposal, or

b. Submit an acceptable substitute subcontractor with an adjusted proposal to account for any cost differences. The City may, at its discretion, accept the adjusted proposal.

SECTION C: EVALUATION AND AWARD

C.1 EVALUATION OVERVIEW

The City does not discriminate on the grounds of race, religion, color, age, sex, disability, or national origin in consideration of an award. Disadvantaged business enterprises are afforded a full opportunity to submit proposals.

C.2 PROPOSAL EVALUATION ITEMS:

The Selection Committee will perform a preliminary evaluation of each proposal using the following criteria and weighting:

Evaluation Criteria Weight 1 Experience and qualifications of firm 35 2 Experience of proposed key personnel 10 3 Approach 20 4 Project schedule 10 5 Project cost and fee schedule 25 Total 100

C.3 EVALUATION AND SELECTION:

Selection shall be made to the highest scoring Proposer of the evaluation criteria of this RFP and in accordance with Westminster Municipal Code (W.M.C.) Title XV, Chapter 1, Section 15-1-5.

In evaluating proposals, the City shall consider the qualifications of the Proposers, and whether or not the proposals comply with the prescribed requirements. The City reserves the right to reject proposals that do not pass any such evaluation to the City's satisfaction.

C.4 AWARD TYPE:

Final award as a result of this RFP is contingent upon the successful execution of a City Contract.

One award will be made on an "all or none" basis. Prices must be shown for each item listed. Proposals submitted without individual item prices listed will be considered as non-responsive and rejected.

The City reserves the right to award part or all of the proposal.

C.5 NOTICE TO PROCEED:

Work shall not commence until a contract has been fully executed and the Contractor has received a City Purchase Order (PO). A Notice to Proceed is not considered valid unless it is accompanied by a PO.

SECTION D: GENERAL RFP INFORMATION & PROVISIONS

D.1 PAYMENT CONDITIONS:

Payment to the Contractor will be made within 30 days after the completion of services and acceptance of a proper invoice. The City reserves the right to withhold payment if the Contractor fails to comply with the purchase agreement or if services are deemed unsatisfactory by the City's inspection. The City will notify the Contractor promptly of any performance issues so that corrections can be made, if possible, before payment is delayed.

Final payment will not be made if the work is found incomplete or does not meet the agreed-upon specifications, including authorized changes. The Contractor must correct or complete any deficiencies before receiving final payment.

Under no circumstances will payment be made for work not authorized by the City, as evidenced by a Purchase Order.

D.2 RFP CONDITIONS AND PROVISIONS:

1. Submission: Proposals (including all required attachments) must be submitted electronically via the Rocky Mountain E-purchasing System (BidNet®).

2. Compliance: All Proposers must comply with the conditions, requirements, and instructions outlined in this RFP. If there are any omissions or conflicts in the instructions, the Proposer must seek written clarification from the Procurement Manager at least forty-eight (48) hours before the proposal opening.

3. Typographical Errors: Errors in proposal pricing may result in the loss of contract award.

4. Proposal Completeness: All requested information must be provided. Failure to submit complete information may result in disqualification.

5. City’s Discretion: The City reserves the right to postpone, cancel, or reject all proposals if deemed in the City’s best interest.

6. Pricing: Unit prices must be provided for each item. In case of discrepancies in price extensions, the unit price will govern.

7. Omissions: Failure to specify manufacturer’s brand, code, or style as requested may result in rejection of the proposal if deemed in the City’s best interest.

8. Waiver of Errors: The Procurement Manager reserves the right to waive minor errors or omissions and to reject any or all proposals, or to award a contract in part or whole, if in the City’s best interest.

9. Compliance with Specifications: The Contractor must comply with all terms, conditions, and specifications of this RFP. The City reserves the right to inspect the Contractor’s facilities and equipment to ensure compliance.

10. Eligibility: Proposals from entities in arrears to the City, or failing to meet required legal or regulatory compliance, will not be accepted. Proposers may be asked to demonstrate the necessary knowledge and financial capacity to perform the work.

11. Legal Compliance: The Proposer agrees to abide by all applicable laws, regulations, and ordinances of the United States, State of Colorado, and City of Westminster, securing all necessary licenses and permits.

12. Standards Compliance: All materials, supplies, equipment, and services provided must meet all applicable federal, state, and local codes.

13. Formal Contract: A formal contract will be prepared by the City, and the Contractor must sign and submit required insurance and documentation within ten (10) days (or as otherwise specified) from receipt of the contract.

14. No Liability for Costs: The City will not be liable for any costs incurred by the Proposer in the preparation of proposals or in connection with work performed prior to the contract’s execution.

15. Permits and Fees: The Contractor is responsible for procuring necessary permits, paying taxes, and complying with all associated fees. All costs should be included in the proposal price.

16. Tax Exemption: The City is exempt from City, State, and Federal sales/excise taxes. Tax exemption certificates will be provided upon request.

D.3 PROTESTS:

This policy does not apply if all proposals are rejected or if the solicitation is cancelled without an award.

1. Right to Protest: Any Proposer or vendor who feels wronged (referred to as the "aggrieved party") regarding the solicitation or contract award can protest to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

2. Timing of Protests:

a. Pre-Award: If the aggrieved party has concerns about the proposal specifications before the proposal opening date, they must submit their protest at least three (3) business days before that date. The aggrieved party must show that there’s a problem with the specifications. Late protests shall not be accepted.

b. Post Award. If the aggrieved party believes the award process didn’t follow the City’s Procurement rules, they must submit a protest within ten (10) business days after the intent to award is published on Rocky Mountain E-Purchasing System (Bidnet). The aggrieved party must show that the rules were not followed. Late protests shall not be accepted.

c. All protests must be made in writing to the Westminster Procurement Manager, Aran Raz, at araz@westminsterco.gov.

3. Written protest must include:

a. Name, address, and telephone number of the aggrieved party

b. RFP number and date of procurement

c. A clear explanation of the issues.

d. Any evidence or documents that support your protest

e. A detailed explanation of why you believe you are aggrieved.

4. Decision Authority: The Procurement Manager will review and decide on the protest within ten (10) business days of receiving it. The decision will address the issues raised and will be final.

Award Delay: If a protest is filed, the Procurement Manager may choose to delay the award until the protest is resolved.

D.4 GRATUITIES AND KICKBACKS:

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee (within six months of termination from City employment), to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

In the event that any gratuities or kickbacks are offered or tendered to any City of Westminster employee, the proposal shall be disqualified and shall not be reinstated.

D.5 NON-COLLUSIVE PROPOSER CERTIFICATION:

By the submission of this proposal, the Proposer certifies that:

1. The proposal has been arrived at by the Proposer independently and has been submitted without collusion with any other Proposer.

2. The contents of the proposal have not been communicated by the Proposer, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the Proposer or its surety on any bond furnished herewith, and will not be communicated to any such person prior to the official opening of the proposal.

3. No Proposer shall submit more than one proposal for this purchase. It shall be the responsibility of each Proposer to obtain the prior written permission of the Procurement Manager before proposal opening in every situation in which the Proposer, due to corporate association or other affiliation, may be found to be impermissibly associated with another Proposer. Failure to observe this requirement could result in all such affiliated proposals being rejected.

4. Any proposer with multiple submissions, shall only have the last proposal considered to accommodate technical difficulty deleting a previous submission.

D.6 DISCLOSURE OF CONTENTS OF PROPOSALS:

The contents of all proposals become a matter of public record and a “Record” under the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. (“CORA”). Upon request to the City, the disclosure of Records is mandatory, with the exception of those Records under CORA which are excluded from disclosure sometimes identified as business or trade secrets or proprietary matters (“Protected Items”).

Protected Items so marked may not be disclosed unless disclosure is otherwise required under CORA. If a request is made under CORA for Records, the City will use reasonable efforts to notify the Proposer of the request, and it will be the responsibility of the Proposer to appropriately redact Protected Items from its submittal to the City. If a Proposer does not respond to the City to redact Protected Items as requested all Records may be disclosed by the City. If necessary, a Proposer shall seek a court order to protect their Protected Items, and will defend, indemnify, and hold harmless the City from any claim or action related to the City’s withholding of Protected Items.

D.7 COOPERATIVE PURCHASING:

The City of Westminster encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental jurisdictions including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that any member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Westminster is not a legally binding party to any contractual agreement made between another governmental entity and the Contractor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity.