S2026-1000 Edison Flooring Abatement RFP.pdf

Solicitation #S2026-1000 Colorado Springs School District 11

Nov 2022 Page 1 of 62

SOLICITATION AND AWARD COVER PAGE

1. Contract Number: 2. Solicitation Number:

#S2026-1000

3. Type of Solicitation:

√ Negotiated RFP

4. Date Issued:

06/23/2025

5. Issued by:

Kristina Sandoval, Contracting Officer Colorado Springs School District 11 5240 Geiger Blvd Colorado Springs, CO 80915 Phone: 719-477- 6050 Email: kristina.sandoval@d11.org

6. Brief Description of Requirements:

District 11 is seeking a contractor for floor abatement at Edison ES.

Documents are available on Bidnet at:

https://www.bidnetdirect.com/colorado/colorado-springs-school-district-no-11

7. Project Name: Edison Flooring Abatement

8. TABLE OF CONTENTS FOR SOLICITATION

Section A – Solicitation /Schedule Section F – Pricing and Cost Offer Sheet

Section B – Scope of Work Section G – Representations & Certifications

Section C –Terms and Conditions, General Section H – Attachments

Section D – Terms and Conditions, Project Specific Section I – Proposal Instruction and Submission Requirements

Section E – Contract Administration Section J – Evaluation Criteria

9. District Tax Numbers: Federal Employee Identification # : 84-6001179 State of Colorado Tax Exemption #: 98-02922-0000

OFFEROR TO COMPLETE BLOCKS #10 THROUGH #18.

10. Acknowledge receipt of Amendments to RFP by initialing following spaces >

#01 #02 #03 #04 #05 #06

11. Name of Contractor: 15. Email of Signature Authority:

12. Street Address of Contractor: 16. Signature of Authority:

13. City/State/Zip: 17. Printed Name of Authority:

14. Phone Number of Signature Authority: 18. Date Signed:

AWARD INFORMATION (to be filled in by District Contracting Officer)

19. Items accepted: 20. Amount (s):

21. Period of Performance: 22. Option Years:

23. Accounting/Appropriations: 24. Printed name of Contracting Officer:

Kristina Sandoval

25. Award Date: 26. Contracting Officer Signature:

mailto:kristina.sandoval@d11.org https://www.bidnetdirect.com/colorado/colorado-springs-school-district-no-11

Solicitation #S2026-1000 Colorado Springs School District 11

Nov 2022 Page 2 of 62

Request for Proposal (RFP) #S2026-1000

Flooring Abatement at Edison Elementary School

Colorado Springs School District 11

Solicitation Available: June 23, 2025

Offers Due: July 3, 2025 2:00 PM Mountain Time

The District will post ALL RFP documents on

D11’s website and Bidnet’s Strategic Sourcing Platform.

All Proposals must be submitted through Bidnet at:

Register at Bidnet, in order to propose:

https://www.bidnetdirect.com/public/user-registration

Need Help? Please contact Bidnet directly at support@bidnet.com or 1.800.435-4603

Option 2 for technical questions or issues related to your submission. Please note, if you have previously registered in Bidnet, it is not necessary to register again.

POINT OF CONTACT:

Kristina Sandoval, Contracting Officer

Procurement and Contracting Department 5240 Geiger Boulevard

Colorado Springs, CO 80915 Phone: 719-477-6050

Email: kristina.sandoval@d11.org https://www.bidnetdirect.com/public/user-registration mailto:support@bidnet.com mailto:kristina.sandoval@d11.org

Solicitation #S2026-1000 Colorado Springs School District 11

Nov 2022 Page 3 of 62

TABLE OF CONTENTS

SOLICITATION AND AWARD COVER PAGE

A. SECTION A -- SOLICITATION SCHEDULE

A.1 PRE-PROPOSAL CONFERENCE

A.2 SOLICITATION SCHEDULE

A.3 TERM OF AGREEMENT

B. SECTION B -- SCOPE OF WORK

B.1 GENERAL

B.2 BACKGROUND (Updated February 2019)

B.3 SCOPE OF WORK

C. SECTION C -- GENERAL TERMS AND CONDITIONS

C.1 TERM OF THE CONTRACT

C.2 ASSIGNMENTS

C.3 CONTRACT RELATIONSHIP

C.4 NO THIRD PARTY BENEFICIARY

C.5 APPLICABLE LAW

C.6 LICENSES, TAXES, PERMITS, AND FEES

C.7 SALES TAX

C.8 VENUE AND JURISDICTION

C.9 COLORADO GOVERNMENTAL IMMUNITY ACT

C.10 APPROPRIATION OF FUNDS

C.11 CHANGE ORDERS

C.12 PROTECTION OF DISTRICT PROPERTY

C.13 DELAY CAUTION - CMAS TESTING

C.14 DISTRICT CALENDAR

C.15 ACCESS TO DISTRICT BUILDINGS

C.16 INSPECTION AND ACCEPTANCE (SERVICES)

C.17 INSPECTION/TESTING (SUPPLIES AND MATERIALS)

C.18 INDEMNIFICATION AND HOLD HARMLESS

C.19 INSURANCE REQUIREMENTS

C.20 SERVICE OF PROTEST

C.21 DISPUTES

C.22 MATERIALS AND WORKMANSHIP

C.23 SHIPMENT

C.24 PRODUCT WARRANTY

C.25 EXCUSABLE DELAYS

C.26 FORCE MAJEURE

C.27 CURE NOTICE

C.28 TERMINATION

C.29 ANTI-KICKBACK

C.30 CONFIDENTIAL INFORMATION

C.31 BACKGROUND CHECKS OF EMPLOYEES

C.32 ORDER OF PRECEDENCE

C.33 ENFORCEABILITY/SEVERABILITY

C.34 EXECUTION AND ENTIRE AGREEMENT

C.35 CONTRACTOR NOTIFICATION REGARDING DEBARMENT, SUSPENSION, OR PROPOSED DEBARMENT.. 25

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D. SECTION D -- PROJECT SPECIFIC TERMS AND CONDITIONS

D.1 SALES AND USE TAX, CITY OF COLORADO SPRINGS (SEE ALSO SECTION G.2)

D.2 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

D.3 DRAWINGS AND FIELD MEASUREMENTS

D.4 CONDITIONS AFFECTING THE WORK

D.5 EMPLOYMENT IN COLORADO

D.6 LABOR, WORKMANSHIP, AND SCHOOL SECURITY

D.7 PROPERTY DESTRUCTION

D.8 SAFETY

D.9 SUBCONTRACTING

D.10 GUARANTEE - WARRANTY OF CONSTRUCTION / PRODUCT WARRANTY

D.11 DISTRICT’S RIGHT TO CARRY OUT WORK

D.12 ABANDONMENT

D.13 IT ACCEPTABLE USE AGREEMENT

D.14 PERMITS AND CODES

D.15 OSHA AND EEO COMPLIANCE

D.16 PRE-CONSTRUCTION SUBMITTALS

D.17 CONSTRUCTION SUBMITTALS

D.18 POST-CONSTRUCTION SUBMITTALS

D.19 SALVAGE

D.20 UTILITIES

D.21 VALUE ENGINEERING-CONSTRUCTION

D.22 ASBESTOS PROCEDURES

D.23 LIQUIDATED DAMAGES

E. SECTION E -- CONTRACT ADMINISTRATION

E.1 DEFINITIONS

E.2 PAYMENTS

E.3 ELECTRONIC FUND TRANSFER

F. SECTION F -- OFFEROR’S PRICING SHEET

F.1 PRICING SCHEDULE

G. SECTION G -- REPRESENTATIONS AND CERTIFICATIONS

G.1 LIQUIDATED DAMAGES

G.2 SALES and USE TAX, CITY OF COLORADO SPRINGS

G.3 INSURANCE REQUIREMENTS (SEE SECTION C)

G.4 ETHICS VIOLATIONS

G.5 ILLEGAL ALIENS

G.6 COOPERATION WITH OTHER CONTRACTORS

G.7 COLORADO PERA RETIREE

G.8 INTERNET USE

G.9 LITIGATION

G.10 OFFEROR’S REGISTRATION

G.11 FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)

G.12 CONTRACTOR PERSONNEL

G.13 OFFEROR’S ACCEPTANCE OF CREDIT CARD PAYMENT METHOD

G.14 OFFEROR’S ACCEPTANCE OF EFT PAYMENT METHOD

G.15 CONTRACTOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, and

OTHER RESPONSIBILITY MATTERS:

G.16 OFFEROR’S CERTIFICATION

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G.17 FEDERAL SYSTEM FOR AWARD MANAGEMENT

G.18 ACCEPTANCE OF CONTRACTING OFFICER’S SOLE AUTHORITY FOR CHANGES

H. SECTION H -- ATTACHMENTS & OTHER SUPPORTING DOCUMENTS

I. SECTION I -- PROPOSAL INSTRUCTIONS TO OFFERORS

I.1 NOTIFICATION - ELECTRONIC POSTING

I.2 SUBMISSION OF OFFERS

I.3 PREPARATION OF OFFER

I.4 AWARD WITHOUT DISCUSSIONS

I.5 PROPOSAL SUPPORT

I.6 EXPLANATIONS TO PROSPECTIVE OFFERORS

I.7 AMENDMENTS TO THE SOLICITATION

I.8 CONFIDENTIAL INFORMATION

I.9 PERIOD OF ACCEPTANCE

I.10 OFFEROR ETHICS

I.11 OFFEROR INTENT

J. SECTION J -- EVALUATION CRITERIA AND AWARD

J.1 EVALUATION CRITERIA

J.2 EVALUATION PROCESS

J.3 BASIS OF AWARD

J.4 AWARD WITHOUT DISCUSSION

J.5. UNSUCCESSFUL OFFEROR DEBRIEF

Solicitation #S2026-1000 Colorado Springs School District 11

Nov 2022 Page 6 of 62

A. SECTION A -- SOLICITATION SCHEDULE

A.1 PRE-PROPOSAL CONFERENCE

This solicitation will include a MANDATORY Pre-Proposal Site Walk:

DAY, DATE: Wednesday June 25, 2025 TIME: 8:00 am PLACE: Edison Elementary School 3125 N Hancock Avenue, Colorado Springs, Co.80907 Meet at Front Entrance

If the pre-proposal conference is mandatory, only contractors in attendance will be permitted to submit proposals. The District will record company and representative names of those in attendance.

A.2 SOLICITATION SCHEDULE

EVENT PROJECTED DATE COMMENTS

Solicitation Available/Notification 06/23/2025

Pre-Proposal Conference/Job-Walk 06/25/2025 8:00 am

Contractors’ Questions Due 06/27/2025 By Noon – submit on Bidnet

District distributes Addendum, if needed

06/30/2025

Offers Due 07/03/2025 By 2 p.m. – submit on Bidnet

Evaluation Schedule 07/07/2025

Anticipated Award Date 07/08/2025

A.3 TERM OF AGREEMENT

A.3.1 The designated period of performance will be upon award – August 1, 2025 for phase one. Phase two during Fall Break October 20-24-2025. Substantial Completion.* Contractor must fully complete project by December 31, 2025.

*Substantial Completion for this project is defined in Item B.3.9.

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B. SECTION B -- SCOPE OF WORK

B.1 GENERAL

The following is presented to describe the general expected vendor performance requirements. Offerors must submit how and when they are capable of supplying the required products and services and completing the work within the required time. Offerors are free to suggest other product(s) brands and models, work service procedures, or project approaches, designs, or exceptions to this general scope of work. Those exceptions must be clearly (bold, underlined, etc.) indicated in your offer. If an Offeror cannot perform as described or takes exception to any element, those exceptions must be fully described in their Offer and an alternate plan or approach presented. Award will not be based on price alone.

B.1.1 The apparent silence of any scope of work/specification(s) and any supplemental amendment specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Contractors are to submit written questions through Bidnet to the Contracting Office, by Noon on June 27, 2025. This solicitation document is requesting Offers from responsible/capable contractors who desire to sell to the District their products and/or services at a negotiated price.

B.1.2 Clean-Up Contractor shall keep the premises free from accumulation of debris, surplus material, waste material, dirt piles and rubbish caused by the work. Contractor shall perform clean-up daily and transport rubbish to an on-site location designated by Contractor. Contractor is responsible for containment and removal. The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any surplus materials that are not the property of the District. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer and shall remove surplus material, waste material, and dirt and rubbish, tools, equipment and scaffolding.

A. Final Clean-Up:

1. Exterior: In addition to items specified below, all surfaces on exterior, concrete, metal, etc., affected by the work shall be carefully and thoroughly cleaned.

2. Glass: Both sides of all glass affected by the work shall be carefully and thoroughly cleaned by professional window cleaners and left absolutely clean and free from paint, labels, grease, dirt, etc.

3. Hardware: Clean and polish all hardware affected by the work and leave clean and free from paint, grease, dirt, etc.

4. Equipment: Carefully and thoroughly clean all items or equipment, mechanical, electrical, cabinets, ductwork, etc., which have been affected by the work.

B. All work areas within the area of responsibility shall be left in clean condition before being accepted by the District. The Contractor shall be required to clean only those areas which are affected by the work. It is anticipated that this will be limited to the work areas indicated on the plans, areas adjacent to the work areas which are affected by the work, the areas on the site where the Contractor’s trailer(s) are located, and any other interior or exterior areas which have been dirtied or damaged by the Contractor’s operations under this contract.

C. Any damage caused by the Contractor shall be accomplished within the period of performance of the Contract. No extension of time will be granted to complete repair

Solicitation #S2026-1000 Colorado Springs School District 11

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(including repainting) operations. The project shall not be considered substantially complete until it has been cleaned as indicated.

B.1.3 Work Area B.1.3.1 The Contractor shall limit their operations to the area approved by the District. Work area is limited to work areas indicated on the plans, areas adjacent to the work areas, areas around Contractor trailers, and any other interior or exterior areas the Contractor’s operations affect.

B.1.3.2 The awarded Contractor shall be required to attend and provide advice and guidance at subsequent weekly/monthly project construction site meetings conducted by the District. Occasionally a project meeting may be held at an administrative location other than the construction site. Contractor is responsible for providing a summary of the daily construction activities at each meeting; along with any construction issues not addressed in specifications and contract, new discovery items such as changes in codes and regulations, weather problems, labor problems, sub-contractor problems, supply delivery problems, or anything that could affect the project. These concerns shall be in writing. Contractor shall send employees to the meetings with appropriate knowledge of the project and employees that can fully discuss detail aspects of the project. Others that may be attending these meetings are: other District Project Managers or other Executive Directors, District school employees, District Facilities Department resident engineers or craft employees, members of the public, project designers/Architects and Engineers, Commissioning Agents, or other Consultants who may be presenting information. District reserves the right to request Contractor provide other documents related to the project success (such as: partial Schedule of Values, delivery timelines (Gantt charts) or spreadsheet of building deliverables, and/or training schedules) at these meetings to be used as discussion items.

B.1.4 Schedule Details B.1.4.1 Within ten (10) calendar days after the work commences on the contract or another period of time determined by the Contracting Officer, the Contractor shall prepare and submit to the Contracting Officer for approval one (1) copy (preferred to be electronic) of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment).

The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule. The schedule shall include a provision for weather delays.

B.1.4.2 The Contractor shall enter the actual progress on the schedule as directed by the Contracting Officer, and upon doing so shall immediately deliver one (1) electronic copy of the annotated schedule to the Contracting Officer. If in the opinion of the Contracting Officer, the contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress without additional cost to the District.

B.1.4.3 Failure of the Contractor to comply with the requirements of the schedule shall be considered sufficient grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in

Solicitation #S2026-1000 Colorado Springs School District 11

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B.2 BACKGROUND

Colorado Springs School District 11 serves over 22,000 students and employs approximately 3,600 full and part-time employees, both instructional and operation. The District has thirty-four elementary schools, ten middle schools (grades 6-8), four traditional high schools, one consolidated alternative/early colleges/vocational campus, one satellite alternative ed campus, and six District-authorized charter schools in their portfolio.

This project entails asbestos abatement of designated classroom floors.

B.3 SCOPE OF WORK

B.3.1 Technical/Functional/Performance Requirements

Abate VAT floor tile and carpet installed over VAT in 17 classrooms and a couple of additional spaces for an approximate square footage of 14,485 square feet. Work will be completed classroom by classroom and those not completed before school starts will resume during the fall break in October.

The Contractor's work shall encompass the abatement of all of the Asbestos Containing Materials (ACM) identified within the areas defined in the inspection report, and attached drawings.

Contractor shall: Secure all necessary permits, licenses and inspections for the proper completion and execution of the work. Provide all labor, material, equipment and incidental items required to perform the work, to include: Compliance and Certification, work area preparation and isolation, protective clothing and equipment sheeting, waste bags, respirator filters), equipment and engineering controls, decontamination, abatement, personal air monitoring, lock down encapsulation, final clean up of work area, storage and disposal.

The contractor may use building electricity for lighting and small power tools. If additional electrical service is required, the request must be included in your response to the RFP and shall include exact needs and locations ie; 50A circuit in hallways _1A___ and __11A__.

The contractor shall include pricing to hire an independent industrial hygienist to perform a visual inspection and Clearance Air Sampling as required.

The provided asbestos inspection report presents the findings of a thorough inspection conducted to the best of our ability, but it's important to understand that it's not a guarantee of the absence of asbestos in all areas or materials. If suspected asbestos-containing materials are discovered that are not previously identified, work must cease, the owner and all workers must be notified, and the materials must be analyzed before work can resume. If the material tests positive for asbestos, the contractor shall abate the material as required and the contract will be adjusted accordingly.

At the completion of the Project, submit a closeout portfolio to the PM. Closeout Portfolio shall contain: Final Project Summary, Project Related permitting, Final Clearance Documents, Waste Disposal Documentation and Workers Certifications.

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The abatement contractor shall have a minimum of 3 years experience in asbestos abatement projects that complied with Federal, State and Local Laws and Regulations.

B.3.2 Specifications Contractor to review the District’s website and prepare their proposal in accordance with the District’s Design and Construction Standards:

https://www.d11.org/administration/business-services/builtenvironment/construction-design

B.3.3 Reporting Requirements Contractor will report progress and how their efforts are matching project schedule.

Contractor will also prepare progress meeting minutes and distribute to District and other meeting attendees.

B.3.4 Training Requirements Contractor will train District staff on proper use and maintenance of new equipment.

B.3.5 Value Added Items Contractors are welcome to include descriptions and supporting information in their proposal packages, regarding any approach or materials they feel can add value to the project (or decrease costs, project time/schedule and/or difficulty). Alternative proposal pricing may be submitted by copying the Pricing Schedule, Section F and submitting multiple times for multiple unique approaches.

B.3.6 Performance Time and Schedule The designated period of performance will be from May 30, 2025 through August 1, 2025.

Substantial Completion.* Contractor must fully complete project (including resolving any punch list items) by December 31, 2025.

B.3.7 Material Submittals Contractor must provide product information for Project Manager Approval, prior to ordering materials.

B.3.8 Warranty of Construction Contractor to warrant all work and materials for a minimum of one (1) year from project completion. Contractors must also propose based on Warranty information in Section C.24.

B.3.9 Substantial Completion The District defines Substantial Completion for this project as clean, complete and usable space as intended.

B.3.10 Schedule Contractor will propose their best project phased schedule approach to allow for floor replacement around academic calendar as part of their proposal submittal. District and Contractor will finalize schedule as part of pre-construction kick-off discussions. The schedule will start and end within the period of performance identified in section A.3.1 and B.3.6 of this document.

https://www.d11.org/administration/business-services/builtenvironment/construction-design https://www.d11.org/administration/business-services/builtenvironment/construction-design

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C. Section C -- GENERAL TERMS AND CONDITIONS The following administrative Terms and Conditions shall apply to all District solicitations and subsequent Contracts.

C.1 TERM OF THE CONTRACT

C.1.1 Term of Agreement The period of performance is specified in Section A.1.3 and B.3.6. The Notice to Proceed (NTP) will also reflect the start date.

C.1.2 District Obligation This Contract is not intended to create a multiple fiscal year debt or other obligation and the District’s obligations hereunder shall be interpreted and limited in such a manner as to avoid creation of a multiple fiscal year debt or other obligation under the terms of Article X, Section 20, Paragraph 4(b) of the Colorado Constitution.

C.1.3 Multiple Year Commitment Subject to Colorado Revised Statutes (C.R.S.) §24-103-503 entitled Multi-year Contracts, any multiple year commitment beyond the current fiscal year is subject to availability of appropriated funds in future fiscal years. If funds are not available in a fiscal year to continue the contract, the contract will be terminated at no cost to the District, upon a 30-day written notice. Upon termination, any materials, supplies, or items of equipment, which have not been fully paid for by the District will be returned to the vendor at the vendor’s expense. The District will not purchase similar materials, supplies, or items of equipment during the anticipated life of the terminated contract without notification of the terminated contractor and consideration of reinstating the terminated contract.

C.2 ASSIGNMENTS

This Contract may not be assigned to any other party without written approval from the District which may be withheld in the District’s discretion. In the case of insolvency or purchase by a Third Party, Contractor shall do all of the following:

A. Notify the District in writing 90 days prior to assignment.

B. Provide software source code, if applicable, to the District at no additional cost; or C. Ensure the Novation agreement is granted by the new District at no additional cost to the District.

D. Provide new Federal Tax ID information.

This Contract and all of the terms and provisions hereof shall be binding upon and shall inure to the benefit of both Parties to the extent permitted hereunder. Notwithstanding the foregoing any such assignment shall be subject to the District’s approval.

C.3 CONTRACT RELATIONSHIP

The relationship between the Contractor and the District is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. The Contractor shall at all times maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. The Contractor shall be responsible for causing all required workers compensation insurance to be provided for all of its employees and subcontractors.

C.4 NO THIRD PARTY BENEFICIARY

It is expressly understood and agreed that enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to

Solicitation #S2026-1000 Colorado Springs School District 11

Nov 2022 Page 12 of 62 the Parties hereto, and nothing contained in this Contract shall give or allow any such claim of action by any other or third person or entity on such Agreement. It is express intention of the Parties hereto that any person or entity, other than the Parties to this Contract, receiving services or benefits under this Contract shall be deemed to be incidental beneficiaries only.

C.5 APPLICABLE LAW

The Contractor shall comply with all Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this Contract. This Contract shall be construed in accordance with and governed by the laws of the State of Colorado.

Federal Funding: If the District will pay for the Contract related to this RFP with any federal funds, that designation will be clearly stated in this RFP and the following clauses, in accordance with Appendix II to Part 200—Contract Provisions for Non- Federal Entity Contracts Under Federal Awards, apply:

In addition to other provisions required by the Federal agency or non-Federal entity, all Contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors

Solicitation #S2026-1000 Colorado Springs School District 11

Nov 2022 Page 13 of 62 on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Construction - July 2020 6 Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, Solicitation #S2026-1000 Colorado Springs School District 11

Nov 2022 Page 14 of 62 grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See §200.322 Procurement of recovered materials.

This Project IS NOT funded by any Federal monies.

C.6 LICENSES, TAXES, PERMITS, AND FEES

The Contractor shall, without additional expense to the District, be responsible for obtaining any necessary licenses and permits (including City of Colorado Springs Drainage and Right of Way permits), and for complying with any Federal, State, and municipal laws, codes, and regulations, taxes applicable to the performance of the work. The Contractor shall perform all work in accordance with laws, ordinances, codes, etc., in force in the city, county, and state where the project is located. The Contractor shall pay all applicable taxes, including payroll taxes and all other expenses in connection with the performance of the work. Cost of these items will be included in the Contract price.

C.7 SALES TAX

Colorado Springs School District 11 is a public governmental non-profit entity that is tax exempt under Section 115 of the Internal Revenue Code. The District’s Federal tax number is FIN 84-6001179 and the State of Colorado tax number is 98-02922-0000. Federal and State taxes shall not be assessed on purchases for District projects.

C.8 VENUE AND JURISDICTION

Exclusive venue and jurisdiction over any dispute relating in any way to the Contract shall be in the District Court, El Paso County, and State of Colorado.

C.9 COLORADO GOVERNMENTAL IMMUNITY ACT

Except as expressly provided herein, Colorado Springs School District 11 retains all of its rights under the Colorado Governmental Immunity act, C.R.S. §24-10-101, et. Seq. This Contract shall not be construed to create any right or benefit for any person who is not a party to this Contract.

C.10 APPROPRIATION OF FUNDS

In accordance with District governing Board and C.R.S. §24-103-503 entitled “Multi-year Contracts”, performance of the District’s obligations under this Agreement are expressly subject to the appropriation of funds by the Colorado Springs School District 11 Board of Education. Further, in the event that funds are not appropriated in whole or in part sufficient for performance of the District’s obligations under this Agreement, or appropriated funds may not be expended due to Board spending limitations, then the District may terminate this Agreement without compensation to the Contractor. If funds are not available in a fiscal year to continue the Contract, the Contract will be terminated at no cost to the District, upon a 30-day written notice. Upon termination, any materials, supplies, or items of equipment, which have not been fully paid for by the district will be returned to the vendor at the vendor’s expense. The District will not purchase similar materials, supplies, or items of equipment during the anticipated life of the terminated Contract without notification of the terminated Contractor and consideration of reinstating the terminated Contract.

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C.11 CHANGE ORDERS

The Contracting Officer, at any time, by written order, may make changes in or additions to the services to be performed by this Agreement, issue additional instructions, require modified or additional work or services within the general scope of the Agreement, or vary the amount of District-furnished property. If any of said changes cause any increase or decrease in the cost of, or in the time required for, performance of this Agreement, an equitable adjustment will be made in the Agreement price or term of performance, or both, and the agreement will be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within thirty calendar days from the date of receipt by the District of the notification of changes provided, however, that the Contracting Officer, if he or she decides that the facts justify such action, may receive and act on any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment will be a dispute concerning a question of fact within the meaning of the clause of this Agreement titled "Disputes." However, nothing in this clause excuses the Contractor from proceeding with the agreement as changed, and it is limited to proceeding with its appeal pursuant to the provision titled "Disputes."

C.12 PROTECTION OF DISTRICT PROPERTY

The Contractor shall take all necessary precautions and care to avoid damaging existing buildings, equipment, materials, and vegetation on District property. If the Contractor’s failure to take the necessary precautions or negligence results in damage to any of the District’s property, the Contractor shall replace or satisfactorily repair the damage at no expense to the District. If the Contractor refuses to make such repairs or replacement, the District will have the right to repair by whatever means necessary and deduct the cost from the Contract price.

C.13 DELAY CAUTION - CMAS TESTING

C.13.1 Contractors shall prepare and understand the need for special work planning schedules that the District may require if work could interfere with student scholastic activities, including test taking for Colorado Measures of Academic Success (CMAS) that occurs each year and starts for 3rd graders in February and continues through 10th graders until Mid-April.

C.13.2 Work stoppage could occur prior to test taking time as students prepare for the tests. District will provide exact dates of the testing and/or work stoppage times for a particular school and grade level. Contractor must take these stoppages into consideration for their proposal offer and, if awarded, for the actual work schedules.

C.14 DISTRICT CALENDAR

Colorado Springs School District 11 calendar showing school start and end times, scheduled holidays, and early release dates for the current fiscal school year are hereby furnished and should be taken into consideration by all Offerors to prepare their estimates for scheduling purposes. The calendar and school start and end times are furnished as an estimating tool only. Days and times may change due to unforeseeable circumstances during the actual school year. Therefore, the District is not responsible for any Contractor delays or damages due to any applicable changes. Current school year calendar can be accessed at: http://www.d11.org and click on “Calendar” on the left side of page.

C.15 ACCESS TO DISTRICT BUILDINGS

C.15.1 Normal Working Hours “Normal working hours” for District personnel is defined as 7:30 a.m. to 4:30 p.m., Monday http://www.d11.org/

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Nov 2022 Page 16 of 62 through Friday, and excludes State and Federal holidays. At the District’s option, a School District employee may be required to be in the buildings during times that the building is occupied by private Contractors. If access to the buildings is required by the Contractor during other than normal working hours, then the Contractor must reimburse the District for overtime pay for one employee for the entire time that the employee is required to be in the building in excess of normal working hours. The Contractor must give written notice to the District at least two (2) days in advance of such requirement for access to the buildings during other than normal working hours. Reimbursement, if applicable, will be deducted from amounts owed by the District to the Contractor.

C.15.2 Pre-Construction Authorization Prior to entering a District site or facility, the Contractor must have completed pre-construction procedures and a safety meeting with the District Project Manager. A Notice to Proceed (issued only by the District Contracting Officer) or receipt of a District Purchase Order does provide the Contractor with an assumed right to enter District facilities to perform work. The Notice to Proceed is issued only after receipt of the signed contract, appropriate insurance certificate and endorsements, and performance and/or material payment bonds, if required. The District Project Manager will schedule the Pre-Construction Safety meeting, which may be on site or at another designated office. The Project Manager, also known as the Contracting Officer’s Technical Representative (COTR), is responsible for the daily coordination involving ordering, site supervision, scheduling, receiving, shipment inspection, product and/or service quality assurance, reviewing of invoices, recommendation for payment and other matters of a technical nature. Contractors must always sign in with the main school office prior to beginning any work in District facilities.

The District reserves the right not to issue facility internal or external keys or access codes.

Even if a District building is unlocked, especially around loading/unloading docks, and access is easily obtained, a Contractor must first sign in with the school main office, prior to beginning any work. Date and time of first Pre-Construction meeting will be determined after Contract signing.

C.16 INSPECTION AND ACCEPTANCE (SERVICES)

The District’s Requirement office through the COTR is responsible for performing inspection and acceptance of services rendered, including inspection of any records maintained by the Contractor.

C.17 INSPECTION/TESTING (SUPPLIES AND MATERIALS)

Payment for the goods delivered hereunder shall not constitute acceptance thereof. The District shall have the right to inspect such goods and to reject any or all of said goods which are in District’s judgment defective or nonconforming. Goods rejected and goods supplied in excess of quantities called for herein may be returned to Seller at its expense, in addition to District’s other rights. The District may charge Seller all expenses of unpacking, examining, repacking and reshipping such goods. In the event District receives goods whose defects or nonconformity is not apparent on examination, the District reserves the right to require replacement, as well as payment of damages. Nothing contained in this purchase order shall relieve, in any way, the Seller from the obligation of testing, inspection, and quality control.

C.18 INDEMNIFICATION AND HOLD HARMLESS

C.18.1 The Contractor agrees to defend, indemnify, and hold the District harmless from and against any and all liabilities, costs, damages, or losses (collectively the “Damages”) that the District may sustain arising out of any and all claims, demands, costs, or judgments, Solicitation #S2026-1000 Colorado Springs School District 11

Nov 2022 Page 17 of 62 relating to the management services provided by the Contractor under this Contract, except for those Damages that are legally caused by the negligence of the District or its employee(s). The term “Damages” includes without limitation those sustained by the District under its self-insurance policies and those caused by a third person, an Act of God, collision, vandalism, fire, or theft.

C.18.2 The term “claims” includes without limitation those asserted against the District’s insurance and self-insurance policies, as well as those resulting from any other cause, including without limitation a third person, accident, collision, vandalism, fire, or theft, except as provided in this Section.

C.18.3 The District shall notify the Contractor of any Claim as soon as practicable, and shall cooperate with the Contractor in the defense of any Claim. The Contractor shall have control of the defense and settlement of any Claim to the extent of the Contractor’s liability for any such Claim, provided that the Contractor shall confirm in writing its obligation to indemnify the District as provided in this Section and provides adequate financial assurances of such indemnification to the District. The Contractor shall take prompt steps to discharge each Claim. If the Contractor fails to discharge a Claim promptly, the District shall promptly notify the Contractor in writing and the Contractor shall then satisfy or defend against such Claim. The Contractor shall have the right to contest a Claim, but only if it first provides to the District a bond or other assurance of payment reasonably satisfactory to the District in the amount of such Claim and in a form satisfactory to the District.

C.18.4 In accordance with Colorado Constitution, Article XI, Public Indebtedness, the District is unauthorized to indemnify the Contractor.

C.19 INSURANCE REQUIREMENTS

The Contractor shall maintain the following minimum insurance coverage during the Contract performance:

C.19.1 Workers’ Compensation Insurance to comply with Colorado Statutory provisions.

Employer’s Liability must have limits of at least $1,000,000 each accident, $1,000,000 disease each employee, and $1,000,000 accident/disease policy limit.

C.19.2 General Liability Insurance with limits of no less than $1 million per occurrence and $2 million aggregate to include products and completed operations with the same limits.

Contractor’s General Liability coverage will include proof of a Property Installation Floater in an amount no less than the value/amount of the contract.

The Contractor shall obtain and submit proof of their Property Installation Floater that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at their workplace or at the District’s site.

C.19.3 Automobile Liability Insurance, including coverage for all power mobile equipment used by Contractor, Bodily Injury $1,000,000/person, $1,000,000/accident; and $1,000,000/ Property Damage this may be included in the same policy with Item a) above.

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C.19.4 “Errors and Omissions” Professional Liability Insurance - Reserved

C.19.5 “Certificate of Insurance” (specific to project) must be provided to the District before starting work on site. Insurance Certificates must show coverage as per Item a, b, c, and d above and must provide coverage until final completion of the Contract. If the expiration date of the insurance certificate is prior to final completion, the Contractor shall provide a new certificate of insurance prior to 30 days from the expiration of the current policy. Statement must be made at the bottom of the Certificate that Colorado Springs School District 11 is additionally insured and receipt of the Additional Insured Endorsement which should state that the Contractor’s insurance policies shall be primary, and that any liability insurance of the District shall be secondary and noncontributory.

C.19.6 After receipt of Notice of Award, the Contractor shall furnish the District with a Certificate of Insurance (COI) from an “A” rated insurance company authorized to do business in the State of Colorado naming the District as additionally insured. This COI must include the Endorsement page that grants the District a waiver of any right to subrogation. If the District project scope of work and/or specifications requires insurance coverage after completion of the project, an Endorsement page must be furnished with the COI.

C.19.7 Subcontractors must also furnish Certificates of Insurance and Endorsements from “A” rated insurance companies to the prime Contractor that names the District as additionally insured.

C.20 SERVICE OF PROTEST

Protests, in accordance Colorado Revised Statutes 24-109-102, may be served by an actual or prospective bidder, Offeror, or Contractor who is aggrieved in connection with this solicitation or award of any Contract resulting from this solicitation to the Contracting Officer or the Head of the Purchasing Agency. In the case of the District, the Head of the Purchasing Agency is the Deputy Superintendent/Chief Financial Officer. Any protest shall be submitted in writing within seven working days after such aggrieved person knows or should have known of the facts giving rise thereto.

C.21 DISPUTES

C.21.1 This contract is subject to the Contract Disputes under C.R.S. Title 24 Article 109, but, only to the extent provisions from such statutes are specifically cited herein and within the District Contract Regulations.

C.21.2 Except as provided in the C.R.S., all disputes arising under or relating to this Contract shall be resolved under this clause.

C.21.3 A “Claim,” as used in this clause means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of Contract terms, or other relief arising under or relating to this Contract. A claim arising under a Contract, unlike a claim relating to that Contract, is a claim that can be resolved under a Contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim until certified as required by subparagraph C.21.7 of this clause.