Document Monument_doc_38f70bdda6

1 Jackson Creek Parkway Widening REQUEST FOR PROPOSAL Consultant Services Date issued: June 2, 2021 THE TOWN OF MONUMENT JACKSON CREEK PARKWAY WIDENING PROJECT The Town of Monument requests proposals from qualified, experienced professional engineering and planning firms, as detailed in this Request for Proposal (RFP), for design on Jackson Creek Parkway Widening from Higby Road to State Highway 105. Project deliverables will need to consider the roadway cross-section developed for Jackson Creek Parkway south of Higby Road as a model for design as well as access to the existing and future land development adjacent to both sides of the road. This design will further develop roadway geometry that addresses functionality, slope stability, drainage, and the requirements for utilizing Federal Funding to design and construct the project. ---PAGE BREAK--- 2 Jackson Creek Parkway Widening SECTION INDEX SECTION I PROPOSAL INFORMATION SECTION II PROPOSAL CONTENT SECTION III EVALUATION FACTORS SECTION IV SPECIAL CONTRACT TERMS AND CONDITIONS/SPECIAL SOLICITATION PROVISIONS SECTION V EXHIBITS SECTION VI SCHEDULES ---PAGE BREAK--- 3 Jackson Creek Parkway Widening SECTION I – PROPOSAL INFORMATION 1.0 PROPOSAL INFORMATION Section I provides general information to potential Offerors, such as proposal submission instructions and other similar administrative elements. This RFP is available on Rocky Mountain E-Purchasing System All addenda or amendments shall be issued through the Rocky Mountain E-Purchasing System and will not be available through any other source. 1.1 RFP SCHEDULE OF EVENTS The tentative schedule of events is as follows: Event Date Issue Request for Proposal June 2, 2021 Pre-Proposal Conference June 22, 2021 at 3:00 PM We will hold a pre-proposal conference at the Town of Monument Town Hall, 645 Beacon Lite Road, Board of Trustees Meeting Room, Monument, CO 80132. This meeting is not mandatory. However, all Offerors are encouraged to attend. Cut Off Date for Questions June 29, 2021 by 10:00 AM Questions about the RFP must be emailed in writing and directed to [EMAIL REDACTED]. A written response to any inquiry may be provided in the form of an Amendment to the solicitation. See 1.7 Amendments. Questions must be received no later than Date. The only acceptable method of submitting questions is by email to the Contracting Specialist. Faxes or physical mail delivery are not acceptable. Proposal Due Date July 8, 2021 Interviews (if applicable) July 15, 2021 Award of Contract August 2, 2021 Notice to Proceed August 9, 2021 ---PAGE BREAK--- 4 Jackson Creek Parkway Widening 1.2 SUBMISSION OF PROPOSAL Proposals are to be submitted to: For Questions: Meggan Herrington Debbie Planning Director Planner II 645 Beacon Lite Road 645 Beacon Lite Road Monument, CO 80132 Monument, CO 80132 LATE OFFERS WILL BE Date/Time: Proposals shall be received on or before July 8, 2021 no later than 3:00 PM MST. Identification of Proposal: Proposals shall be submitted in an envelope(s) or container(s) with the solicitation number, date for submission of offer and the Offeror’s name clearly marked on the outside of the envelope(s) or container(s). RFP Title: Jackson Creek Parkway Widening Design Due Date: July 8, 2021 by 3:00 PM MST Company: Any offer that is submitted without being properly marked may be opened for identification prior to the deadline for receipt of proposals and then resealed. 1.3 NUMBER OF COPIES Offerors shall submit three hardcopies and one unbound original of the proposal documents. Offerors shall also submit one softcopy on USB. Upon submission, all proposal documents shall become and remain the property of the Town of Monument. 1.4 SPECIAL TERMS Please note the following definitions of terms as used herein: The term “Town” means the Town of Monument. The term “Contractor” or “Consultant” means the Offeror whose offer is accepted and is awarded the contract to provide the products or services specified in the RFP. The term “Offer” means the proposal. ---PAGE BREAK--- 5 Jackson Creek Parkway Widening The term “Offeror” means the person, firm, or corporation that submits a formal proposal or offer and that may or may not be successful in securing the award of a contract. The term “Project” refers to Jackson Creek Widening Design The term “Request for Proposal” or “RFP” means this solicitation of a formal, negotiable proposal/offer. Any offer that is accepted will be the offer that is deemed by the Town of Monument to be most advantageous in terms of the criteria designated in the RFP. 1.5 RFP OBJECTIVE The objective of this RFP is to provide sufficient information to enable qualified Offerors to submit written proposals to the Town of Monument. The RFP is not a contractual offer or commitment to purchase products or services. The Offeror may present options and variables to the scope while still meeting the minimum requirements of this solicitation. Innovative proposals/solutions are encouraged and considered in the selection and/or award. All information included in proposals must be legible. Any and all corrections and or erasures must be initialed by Offeror. Each proposal shall be accompanied by a cover letter signed by an authorized representative of the Offeror. The contents of the proposal submitted by the successful Offeror may become part of any contract awarded as a result of this solicitation. 1.6 CONFIDENTIAL OR PROPRIETARY INFORMATION If an Offeror believes that parts of an offer are confidential, then the Offeror must so specify. The Offeror must include in bold letters the term “CONFIDENTIAL” on that part of the offer which the Offeror believes to be confidential. The Offeror must submit in writing specific detailed reasons, including any relevant legal authority, stating why the Offeror believes the material to be confidential. Vague and general claims as to confidentiality will not be accepted. The Town of Monument will be the sole judge as to whether a claim is acceptable. Decisions regarding the confidentiality of information will be made when requests are made to make the information public. All offers and parts of offers, which are not marked as confidential, will automatically be considered public information after the contract is awarded. The successful offer may be considered public information even though parts are marked confidential. 1.7 AMENDMENTS Amendments to this RFP may be issued at any time prior to the time set for receipt of proposals. Offerors are required to acknowledge receipt of any amendments issued to this RFP by returning a signed copy of each amendment ---PAGE BREAK--- 6 Jackson Creek Parkway Widening issued. Signed copies of each amendment must be received on or before the time set for receipt of offers. The Town of Monument will post all amendments on the Town of Monument website (www.townofmonument.org). It is the Offeror's responsibility to check the website for posted amendments or contact the Contracts Specialist listed to confirm the number of amendments which have been issued. 1.8 WITHDRAWAL OR MODIFICATION OF OFFERS Any Offeror may modify or withdraw an offer in writing at any time prior to the deadline for submission of an offer. 1.9 ACCEPTANCE Any offer received and not withdrawn shall be considered an offer, which may be accepted by the Town of Monument based on initial submission without discussions or negotiations. By submitting an offer in response to this solicitation, the Offeror agrees that any offer it submits may be accepted by the Town of Monument at any time within 90 calendar days from the date of submission deadline. The Town of Monument reserves the right to reject any or all offers,(b) to waive informalities and minor irregularities in offers received, and/or to accept any portion of an offer if deemed in the best interest of the Town of Monument. Failure of the Offeror to provide in its offer any information requested in the RFP may result in rejection of the offer for non-responsiveness. 1.10 PROPOSAL PREPARATION COST The cost of proposal preparation is not a reimbursable cost. Proposal preparation shall be at the Offeror’s sole expense and is the Offeror’s total and sole responsibility. 1.11 AWARD The Town of Monument intends to make an award using the evaluation criteria listed in this RFP to determine the best value, considering all factors and criteria in the proposals submitted. Best value means the expected outcome of an acquisition that, in the Town’s estimation, provides the greatest overall benefit in response to the requirements detailed in the RFP. The Town of Monument reserves the right to reject any or all offers and to not make an award. 1.12 PERFORMANCE PERIOD ---PAGE BREAK--- 7 Jackson Creek Parkway Widening The performance period for the project detailed in this RFP will be established as 380 days from the issuance of a notice to proceed. 1.13 DEBRIEFING Offerors not selected may request a debriefing on the selection process as well as discussion of the and weaknesses of their proposal upon receipt of notification that their offer was not selected. A debriefing may be scheduled by contacting the Contracts Specialist listed above. The Contracts Specialist must receive a written request for debriefing no later than ten (10) calendar days after issuance of a notification that the Offeror’s offer was not selected. 1.14 SUBSTANTIVE PROPOSALS By responding to this RFP, the Offeror certifies that Offeror's proposal is genuine and is not made in the interest of, or on behalf of, an undisclosed person, firm, or corporation; that Offeror has not directly or indirectly induced or solicited any other offerors to put in a false or sham proposal; that Offeror has not solicited or induced any other person, firm, or corporation to refrain or abstain from proposing an offer or proposal; and that Offeror has not sought by collusion to obtain for themselves any advantage over any other offerors or over the Town of Monument. 1.15 OFFEROR'S QUALIFICATIONS Each Offeror must complete Exhibit 6 – Qualification Statement. No contract will be awarded to any Offeror who is in arrears to the Town, upon any debt or contract, or who is in default, upon any obligation to the Town or is deemed to be irresponsible or unreliable by the Town based on past performance. 1.16 NON-COLORADO ENTITIES If Offeror is a foreign entity, Offeror shall comply with C.R.S. section 7-90-801, “Authority to transact business or conduct activities required,” and section 7-90- 802, “Consequences of transacting business or conducting activities without authority.” Before or at the time that the contract is awarded to an entity organized or operating outside the State of Colorado, such entity shall obtain authorization to do business in the State of Colorado, designate a place of business herein, and appoint an agent for service of process. ---PAGE BREAK--- 8 Jackson Creek Parkway Widening Such entity must furnish the Town of Monument with a certificate from the Secretary of the State of Colorado to the effect that a certificate of authority to do business in the State of Colorado has been issued by that office and is still valid. The entity shall also provide the a certified copy of the designation of place of business and appointment of agent for service of process from the Colorado Secretary of State, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process has been made. 1.17 PROCUREMENT RULES AND REGULATIONS All projects advertised by the Town of Monument are solicited in accordance with the Town’s Procurement Rules and Regulations. The Contracts Specialist can provide a softcopy of the Rules and Regulations upon request. Any discrepancies regarding conflicting statements, decisions, irregularities, clauses, or specifications will be rectified utilizing the Town’s Procurement Rules and Regulations, when applicable. It is the Offeror’s responsibility to advise the Contracts Specialist listed in this RFP of any perceived discrepancies prior to the date and time the offer is due. 1.18 FAIR TREATMENT OF OFFERORS The Town Planning Department shall be responsible for ensuring the procurement of products, commodities, and services are in a manner that affords all responsible businesses a fair and equal opportunity to compete. If an Offeror believes that a procurement is not conducted in a fair and equitable manner, the Offeror is encouraged to inform the Town Procurement Services Manager as soon as possible. 1.19 ORDER OF PRECEDENCE Any inconsistency in this solicitation shall be resolved by giving precedence in the following order: Sections I-IV of this Solicitation Statement of Work Other Appendices, Schedules, Exhibits, or Attachments 1.20 SALES TAX The successful Offeror, if awarded a contract, shall apply to the Colorado Department of Revenue for a tax-exempt certificate for this project. The certificate does not apply to Town of Monument Sales and Use Tax which shall be applicable and should be included in all proposals. The tax-exempt project ---PAGE BREAK--- 9 Jackson Creek Parkway Widening number and the exemption certificate only apply to County, PPRTA (Pikes Peak Rural Transportation Authority), and State taxes when purchasing construction and building materials to be incorporated into this project. Furthermore, the exemption does not include or apply to the purchase or rental of equipment, supplies or materials that do not become a part of the completed project or structure. In these instances, the purchase or rental is subject to full taxation at the current taxation rate. The Offeror and all subcontractors shall include in their Offer Town of Monument Sales and Use Tax on the work covered by the offer, and all other applicable taxes. Our Registration Numbers are as follows: Town of Monument Federal I.D.: 84-6007781 Federal Excise: A-138557 State Sales Tax: 08-03377 1.21 INTERPRETATION OF PLANS AND SPECIFICATIONS Any change to proposal forms, plans, or specifications prior to the opening of proposals will be issued by the Town in the form of an Amendment. Certain individuals may be named in the RFP that have authority to provide information, clarification or interpretation to Offerors prior to opening of proposals. Information obtained from persons other than those named individuals is invalid and shall not be used for proposal purposes. 1.22 COMBINATION OR CONDITIONAL PROPOSALS If an RFP is issued for projects in combination and separately, the Offeror may submit proposals either on the combination or on separate units of the combination. The Town reserves the right to make awards on combination or separate proposals to the advantage of the Town. Combination proposals will be considered, only when specified. 1.23 ANTI-COLLUSION AFFIDAVIT The Offeror by signing their proposal submitted to the Town is certifying that the Offeror has not participated in any collusion or taken any action in restraint of ---PAGE BREAK--- 10 Jackson Creek Parkway Widening free competitive bidding. This statement may also be in the form of an affidavit provided by the Town and signed by the Offeror. The original of the signed anti- collusion affidavit, if separately required and provided with the RFP, shall be submitted with the proposal. The proposal will be rejected if it does not contain the completed anti-collusion affidavit. SECTION II – PROPOSAL CONTENT 2.0 PROPOSAL CONTENT Section II provides instructions regarding the format and content required for proposals submitted in response to this solicitation. 2.1 PROPOSAL FORMAT Offeror’s written proposal should include concise, but complete, information, emphasizing why the Offeror is best or best qualified to provide the required services. The Offeror’s written proposal should include the information in the format outlined below and must be limited to no more than twenty (20) pages. A page shall be defined as 8-1/2" x 11"; single sided, with one-inch margins, and a minimum font of Times New Roman 10. The only exception to the 8- 1/2” x 11” paper size is the proposed project schedule. It may be submitted on 11” x 17” paper. Each 11” x 17” page for the schedule shall be counted in the overall page limitations above. Each section of the proposal should be labeled to clearly follow the requirements sections identified in this this section of the RFP. The following listed Exhibits must be filled out and returned with the proposal and are not counted against the page limit: Exhibit 1 Proposal Certification Exhibit 3 Exceptions Exhibit 4 Minimum Insurance Requirements Checklist Exhibit 6 Qualification Statement 2.2 COVER LETTER The cover letter shall be no more than three pages. The cover letter shall contain at least the following information. A. RFP Number and Project Name. B. Statement that the Offeror is qualified to perform the work. C. Certification Statement that the information and data submitted are true and complete to the best knowledge of the individual signing the letter. D. Name, telephone number, email address, and physical address of the individual to contact regarding the proposal. ---PAGE BREAK--- 11 Jackson Creek Parkway Widening E. The signature of an authorized principal, partner, or officer of the Offeror. 2.3 PROPOSAL CERTIFICATION The Offeror must fill out and submit Exhibit 1 with its Proposal. 2.4 ORGANIZATIONAL BACKGROUND AND OVERVIEW The Offeror must provide a brief history and overview of its company and its organizational structure, with special emphasis on how this project will fit within that structure. Also include principal place of business location(s), office locations, size of firm, and assessment of financial stability. 2.5 EXPERTISE AND QUALIFICATIONS In this section, the Offeror must demonstrate that it meets and/or exceeds all requirements regarding expertise and qualifications of personnel proposed to complete the work defined in the Statement of Work/Scope of Services of this RFP. Qualifications of personnel are considered of the essence of the services provided. Therefore, the Offeror must provide information on Key Personnel who will be the personnel performing the consulting services. A. Relevant Experience In the Expertise and Qualifications Area, the Offeror should provide at least three references or identify contracts demonstrating that it successfully provided services/products that are the same or similar to those required in the RFP. The proposal should adequately explain the successful outcomes of the projects. It is highly recommended that the Offeror provide sufficient content and detail to describe the following. Prior Experience Provide examples of the Project Team’s prior experience that incorporated the following elements: 1. Geometric design, traffic design, 2. Drainage 3. Structural components. 4. Report development such as NEPA and Categorical Exclusions. 5. Survey legal descriptions for easement acquisition Offeror should discuss success on prior projects and also how prior experience would add value to this project. B. Key Personnel ---PAGE BREAK--- 12 Jackson Creek Parkway Widening In the Expertise and Qualifications Area, project experience must be provided for all personnel who would be performing work on the resultant Contract. It is highly recommended that the Offeror provide sufficient detail on content below. Explain how the key personnel will be involved with the projects cited as relevant past performance. 1. Project Management a. Project Manager technical experience b. Project Manager experience with Federal, State and Local Requirements c. Approach to QA/QC 2. Project Team a. Description of project team with Org Chart b. Team member availability (table format). Resumes may also be provided in the appendix of the proposal. Resumes do not count toward the page limit. C. Approach to design and construction phasing. D. Discuss Public Communication approach. 2.6 PROPOSAL PRESENTATION Presentation is an important factor. Offerors should provide a highly professional product, which is complete, accurate, easily understood, and effectively presented. 2.7 EXCEPTIONS All Offerors must complete Exhibit 3, Exceptions Form and return it with their proposal. Some terms and conditions are not negotiable. Exceptions may be grounds for rendering the proposal unacceptable without further discussions. 2.8 INSURANCE REQUIREMENTS All Offerors must complete Exhibit 4, Minimum Insurance Requirements and return with their proposal. Lack of responsiveness in this area may be grounds for rendering the proposal unacceptable without further discussions. ---PAGE BREAK--- 13 Jackson Creek Parkway Widening SECTION III – EVALUATION FACTORS 2.9 EVALUATION AND AWARD Section III provides information regarding evaluation criteria and scoring. It also includes information regarding proposal selection and award of the resultant contract. 3.0 EVALUATION CRITERIA 3.1.1 EXPERTISE AND QUALIFICATIONS See Section II - Item 2.5 3.1.2 PROPOSAL PRESENTATION See Section II – Item 2.7 3.1.3 EXCEPTIONS AND INSURANCE See Section II – Items 2.8 and 2.9 3.1 RANKING A. The order of ranking or importance in the evaluation shall be as follows: First: Expertise and Qualifications - Description of project team with Org Chart - Team member availability (table format). - Team’s Resumes Second: Proposal Presentation - Professional Presentation - Innovative Approach Exceptions and Insurance areas will be scored as pass or fail. Failure in this area may result in disqualification from award. Exceptions and insurance will be evaluated as pass for fail. Whether or not exceptions to Town terms and conditions are acceptable or unacceptable will be determined at the sole discretion of the Town. Any exceptions deemed unacceptable may result in a “fail” rating. The Insurance Area will be rated as “pass”, unless the Offeror fails to meet any stated insurance requirement provided in this RFP. If the Offeror fails to meet any stated insurance requirement provided in this RFP, the Offeror will be rated “fail” in the Insurance Area. A rating of “fail” in either of these areas may result in disqualification from ---PAGE BREAK--- 14 Jackson Creek Parkway Widening award. B. Area Scoring The score for each area will be determined by multiplying the sum of the criteria in each area by the area evaluation factor. The area evaluation factors are as follows: Prior Experience (40 points) Provide examples of the Project Team’s prior experience that incorporated the following elements: - Geometric design, traffic design - Drainage - Structural components such as bridges and walls - Report development such as NEPA and Categorical Exclusions. - Survey legal descriptions for easement acquisition Also, discuss success on prior projects and how prior experience would add value to this project. Project Management (10 Points) - Project Manager applicable experience - Project Manager experience with Federal, State and Local Requirements - Approach to QA/QC Project Team (10 points) - Description of project team with Org Chart - Team member availability (table format). - Team’s Resumes Approach to design and construction phasing (20 Points) - Coherent phasing - Logical approach to design - Compliance with standards Discuss Public communication approach. (10 Points) - Innovative Approach - Technological Approach Proposal Presentation: (10 points) - Professional Presentation - Innovative Approach ---PAGE BREAK--- 15 Jackson Creek Parkway Widening C. Final/Overall Scoring The final proposal score will be determined by adding the area scoring. The sum of the area scores will be the final/overall score. 2.8SELECTION COMMITTEE A selection committee will review all proposals. Through this process, the Town will determine which proposals are acceptable or unacceptable. The Town will notify, in writing, the Offerors whose proposals are deemed to be unacceptable. Those Offerors offering proposals deemed to be acceptable by the Town will be evaluated and scored by the selection committee. This scoring will determine which Offerors are considered to be in the competitive range and may be the basis for an award decision without further steps. If the selection committee elects not to award based upon evaluation scoring, it may engage in a forced elimination process. To inform this process, it may require oral presentations or interviews with the Offerors considered to be in the competitive range. If oral presentations or interviews are conducted, they may also be scored, or they may simply be considered as information supporting the forced elimination process. The selection committee may request revisions to the proposal from each of the Offerors at the conclusion of the interviews. The intent of the forced elimination process is to reach consensus. The decision will be based on all relevant factors and upon determination of best value. The final decision may or may not exactly reflect scoring ranking. The Town also reserves the right to request best and final offers from all Offerors at any point in the proposal evaluation process. 3.4 AWARD OF CONTRACT It is anticipated that there will be negotiations or discussions with Offerors. However, the Town reserves the right to award without negotiations or discussions. The Town intends to award to the Offeror that demonstrates the best value to the Town and the most substantiated ability to fulfill the requirements contained in this Request for Proposal. A contract prepared by the Town will be finalized and/or negotiated with the successful Offeror. In the event a contract cannot be negotiated with the top ranked Offeror, the Town may enter into negotiations with the second highest ranked Offeror, or the Town may decide to call for new proposals. Immediately after the notice of award, the successful Offeror will begin planning in conjunction with the Town of Monument staff (to be designated by the Town) to ensure fulfillment of all its obligations. The successful Offeror may be expected to attend regular meetings as required by the Town to assist in the preparation for startup. ---PAGE BREAK--- 16 Jackson Creek Parkway Widening SECTION IV – SPECIAL CONTRACT TERMS AND CONDITIONS 4.0 SPECIAL CONTRACT TERMS AND CONDITIONS/SPECIAL SOLICITATION PROVISIONS In addition to the special contract terms and conditions listed below, the Town’s sample contract, see Exhibit 2, contains contract terms and conditions. SECTION V – EXHIBITS 5.0 EXHIBITS Exhibit 1 Proposal Certification Exhibit 2 Sample Contract Exhibit 3 Exceptions Exhibit 4 Minimum Insurance Requirements Exhibit 5 Statement of Work Exhibit 6 Qualification Statement Exhibit 7 Evaluation Scoresheet EXHIBIT 1 PROPOSAL CERTIFICATION Check or Mark the space after each number to indicate compliance. 1. Address of Offeror’s Principal Place of Business: Does Offeror have an established office or facility in El Paso County, CO? Yes No ---PAGE BREAK--- 17 Jackson Creek Parkway Widening If yes, indicate address below if different than Principal Place of Business. El Paso County Facility - Year established Address of El Paso County Facility: Percent of Work to be Performed from Principal Place of Business? Percent of Work to be Performed from El Paso County Facility? 2. Indicate your ability to provide a certificate of insurance evidencing the required coverage types and limits specified in Minimum Insurance Requirements Exhibit. (The certificate of insurance must reflect the Town of Monument as an Additional Insured, as applicable.) Indicate your ability to comply with the following requirements: The Town shall be added as an Additional Insured to all liability policies: Yes No Your property and liability insurance company is licensed to do business in Colorado: Yes No Provide the name of your property and liability insurance company here: Name: Your property and liability insurance company has an AM best rating of not less than B+ and/or VII: Yes No Worker’s Compensation Insurance is carried for all employees and covers work done in Colorado. Yes No ---PAGE BREAK--- 18 Jackson Creek Parkway Widening 3. Provide one copy of current financial statements (if required). Enclose financial information in a separate envelope; do not bind with the other proposal copies. If review of the information is to be restricted to the Town's financial officer, it must be marked accordingly. Financial statements may be requested of short listed firms as part of responsibility determination. 4. Provide the completed and signed proposal. (Proposals must be identified as specified in this RFP document). All required Exhibits are attached. By signing below, the Offeror certifies that no person or firm other than the Offeror or as otherwise indicated has any interest whatsoever in this offer or any Contract that may be entered into as a result of this offer and that in all respects the offer is legal and firm, submitted in good faith without collusion or fraud. Offeror has appointed as the Offeror’s representative and contact for all questions or clarifications in regard to this Offeror. Telephone: Email: The undersigned acknowledges and understands the terms, conditions, Specifications and all Requirements contained and/or referenced and are legally authorized by the Offeror to make the above statements or representations. (Name of Company) (Signature) (Address) Date (Town, State and Zip) (Telephone Number) (Name typed/Printed) (Title) (E-Mail Address) FEDERAL TAX ID # This Company Is: Corporation___ Individual____ Partnership____ LLC____ Offeror hereby acknowledges receipt of the following amendments, if applicable ---PAGE BREAK--- 19 Jackson Creek Parkway Widening Offeror agrees that it is bound by all Amendments identified herein. AMENDMENT AMENDMENT AMENDMENT Please Note the attached Representations and Certifications must be initialed by Offeror in the spaces provided and returned with this certification. ---PAGE BREAK--- 20 Jackson Creek Parkway Widening REPRESENTATIONS AND CERTIFICATIONS Exhibit 1 Continued 1. INSURANCE REQUIREMENTS Offeror shall comply with all insurance requirements and will submit the Insurance Certificates prior to performance start date. If limits are different from the stated amounts, Offeror shall explain variance. Certain endorsements and “additionally insured” statements may require further clarification and specific statements on a project specific basis and should have been described in the Offeror’s proposal. Initials for 1 2. ETHICS VIOLATIONS a) The Offeror shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in this clause in its own operations and direct business relationships. c) When the Offeror has reasonable grounds to believe that a violation described in this clause may have occurred, the Offeror shall report the possible violation to the Town Contracts Specialist in writing. c) The Offeror must disclose with the signing of this proposal, the name of any officer, director, or agent who is also an employee of the Town and any Town employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Offeror’s firm or any of its branches. d) In addition, the Offeror must report any conflict or apparent conflict, current or discovered during the performance of the Contract, to the Town Contracts Specialist. e) The Offeror shall not engage in providing gifts, meals or other amenities to Town employees. The right of the Offeror to proceed may be terminated by written notice issued by Town Contracts Specialist if Offeror offered or gave a gratuity to an officer, official, or employee of the Town and intended by the gratuity to obtain a contract or favorable treatment under a contract. f) The Offeror shall cooperate fully with the Town or any agency investigating a possible violation on behalf of the Town. If any violation is determined, the Offeror will properly compensate the Town. g) The Offeror agrees to incorporate the substance of this clause (after substituting “Contractor” for “Offeror”) in all subcontracts under this offer. Initials for 2 3. ILLEGAL ALIENS ---PAGE BREAK--- 21 Jackson Creek Parkway Widening If Offeror has any employees or subcontractors, Offeror shall comply with § 8-17.5-101, et seq., C.R.S. regarding Illegal Aliens – Public Contracts for Services, and this section of this Agreement. 8-17.5-102 includes, in part, that: 1. Offeror shall not: a. Knowingly employ or contract with an illegal alien to perform work under this Agreement; or b. Enter into a contract with a subcontractor that fails to certify to Offeror that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. 2. Offeror has verified or attempted to verify that Offeror does not employ any illegal aliens and, will participate in the E-Verify Program or State Department program in order to confirm eligibility of all employees who are newly hired to perform work under public contract for services. 3. Offeror will not use E-Verify Program or State Department program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 4. If Offeror obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Provider shall: a. Notify the subcontractor and the Town within three days that Offeror has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving such notice, the subcontractor does not stop employing or contracting with the illegal alien. However, the Offeror shall not terminate the contract with the subcontractor if during this three day period: i. The subcontractor provides information which establishes that the subcontractor has not knowingly employed or contracted with an illegal alien, and ii. The Offeror will not employ the illegal aliens in the performance of any Town contract. 5. Offeror shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in §8-17.5-102(5), C.R.S. 6. If Offeror violates this provision, the Town may terminate the contract for a breach of contract. If the Agreement is terminated, the Offeror shall be liable for actual and consequential damages. Initials for 3 4. COOPERATION WITH OTHER CONTRACTORS Other Town activities/contracts may be in progress or start during the performance of this contract. The Offeror shall coordinate the work harmoniously with the other contractors or Town personnel, if applicable. ---PAGE BREAK--- 22 Jackson Creek Parkway Widening Initials for 4 5. INTERNET USE Should the Offeror require access to Town Internet resources in the performance of this requirement, a “Contractor’s Internet Use Agreement” form must be separately signed by each individual having access to the Town Network. The completed Contractor’s Internet Use Agreement will be maintained with this agreement. Inappropriate use of the Town Network will be grounds for immediate termination of any awarded contact. Initials for 5 6. LITIGATION If awarded a contract, Offeror shall notify the Town within five calendar days after being served with a summons, complaint, or other pleading in any matter which has been filed in any federal or state court or administrative agency. The Offeror shall deliver copies of such document(s) to the Town's Planning Director. The term "litigation" includes an assignment for the benefit of creditors, and filings of bankruptcy, reorganization and/or foreclosure. Initials for 6 7. CONTRACTOR’S REGISTRATION INFORMATION Offeror’s firm verifies and states that they are (check all that apply): Large Business (i.e. do not qualify as a small business or non-profit) Nonprofit Small Business Minority Owned Business/Small Disadvantaged Business Woman Owned Business Veteran Owned Business ---PAGE BREAK--- 23 Jackson Creek Parkway Widening Service-Disabled Veteran Owned Business HUBZone Business Note: The Town accepts self-certification for these categories in accordance with Small Business Administration (SBA) standards. The SBA size standards are found on the SBA website Initials for 7 8. CONTRACTOR PERSONNEL a) The Offeror shall appoint one of its key personnel as the “Authorized Representative” who shall have the power and authority to interface with the Town and represent the Offeror in all administrative matters concerning this proposal and any awarded contract, including without limitation such administrative matters as correction of problems modifications, and reduction of costs. b) The Authorized Representative shall be the person identified in the Offeror’s proposal, unless the Offeror provides written notice to the Town naming another person to serve as its Authorized Representative. Communications received by the Town Contracts Specialist from the Authorized Representative shall be deemed to have been received from the Offeror. The individual, (Name) with position, (Title) Can be reached at Work telephone number: Home telephone number: Cellular telephone number: E-mail address: Initials for 8 9. OFFEROR’S CERTIFICATION The undersigned hereby affirms that: a) He/She is a duly authorized agent of the Offeror; b) He/She has read and agrees to the Town’s standard terms and conditions attached. c) The offer is presented in full compliance with the collusive prohibitions of the Town of Monument. The Offeror certifies that no employee of its firm has discussed, or compared the offer with any other offeror or Town employee and has not colluded with any other offeror or Town employee. ---PAGE BREAK--- 24 Jackson Creek Parkway Widening d) The Offeror certifies that it has checked all of its figures, and understands that the Town will not be responsible for any errors or omissions on the part of the Offeror in preparing its proposal. e) By submitting an offer the Offeror certifies that it has complied and will comply with all requirements of local, state, and federal laws, and that no legal requirements have been or will be violated in making or accepting this solicitation. I hereby certify that I am submitting the proposal based on my company's capabilities to provide quality products and/or services on time. Initials for 9 10.OFFEROR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS: 1. The Offeror certifies to the best of its knowledge and belief, that the Offeror and/or any of its Principals a. Are ( Are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; b. Have ( Have not ( within a three year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, local) contract or subcontract; violation of Federal or state antitrust statutes relation to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, tax evasion, or receiving stolen property; and c. Are ( Are not ( ) presently indicated for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in any paragraphs above. 2. The Offeror shall provide immediate written notice to the Town Contracts Specialist if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reasons of changed circumstances. 3. The certification in paragraph 1. above, is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Town, the Town Contracts Specialist may terminate the contract resulting from this solicitation for default. Termination for default may result in additional charges being levied for the costs incurred by the Town to initiate activities to replace the awarded Contractor. ---PAGE BREAK--- 25 Jackson Creek Parkway Widening Initials for 10 11.ACCEPTANCE OF TOWN CONTRACTS SPECIALIST’S SOLE AUTHORITY FOR CHANGES Unless otherwise specified in the Contract, the Offeror hereby agrees that any changes to the scope of work, subsequent to the original contract signing, shall be generated in writing and an approval signature shall be obtained from the Town Attorney prior to additional work performance. Initials for 11 Name of Company: Federal Tax ID Number: DUNS Number: Principle Place of Business: Signature of Authorized Representative Printed Name: Title: Date: ---PAGE BREAK--- 26 Jackson Creek Parkway Widening EXHIBIT 2 SAMPLE CONTRACT TOWN/JOINT CONSULTANT CONTRACT ARCHITECTS/ENGINEERS Contract Number: Project Name/Title 30th Street Corridor Development Vendor/Contractor Contact Name: Telephone: Email: Address: Federal Tax ID # Please check one: Corporation Individual Partnership Town Contracting Specialist Name & Phone# Nicole Spindler 719/385-5265 Town Dept Rep Name & Phone# & Department Name NOT TO EXCEED Contract Amount: Town Account # Acct Code Fund Dept Project Contract Type: Period of Performance: Contract Value Amount: Contract Funding Amount: 1. INTRODUCTION THIS TYPE CONTRACT (“Contract”) is made and entered into this day of 2016 by and between the the Town of Monument, a Colorado municipal corporation and home rule Town, in the County of El Paso, State of Colorado, (the and (the "Contractor"). Town and Contractor shall be referred to herein collectively as the “Parties” and each individually as a “Party”. THE TOWN AND THE CONTRACTOR HEREBY AGREE AS FOLLOWS: The Town has heretofore prepared the necessary Contract Documents for the following Activity: The Contractor did on the day of 2020 submit to the Town the Contractor's written offer and proposal to do the work therein described under the terms and conditions therein set forth and furnish all materials, supplies, labor, services, transportation, tools, equipment, and parts for said work in strict conformity with the accompanying Contract Documents, which are attached hereto and incorporated herein by this reference, including the following: 1. This Contract Document 2. Appendix A – Additional Terms and Conditions ---PAGE BREAK--- 27 Jackson Creek Parkway Widening 3. Appendix B – Contractor’s Proposal, 4. Appendix C – Statement of Work. 5. Appendix D – Project Schedule 2. COMPENSATION/CONSIDERATION The Town agrees to pay as full compensation for all services required to be performed by Contractor under this Contract, except for services for additional work or work beyond the scope of this Agreement, those maximum amounts set forth in as a Not to Exceed fee of $ For the work and services of this contract, the Town of Monument intends to issue fully negotiated Task Orders for each of the phases and stages required. The Task Orders will be utilized to amend the contract to incorporate the details and costs for that task or phase. The Contractor shall submit statements, including a narrative progress description, for services rendered. The Town shall make prompt payments for work completed to the Town's satisfaction. Invoices are payable net 30 days upon receipt and department approval. The Contractor shall submit statements, including a narrative progress description, for actual professional services rendered and reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Town shall pay Contractor for the amount of the application within 30 days of the date of billing, provided that sufficient documentation has been furnished, and further provided that Town will not be required to pay more than 90% of the maximum amount unless the Contractor’s services on the Project phases for which this Contract is applicable have been completed to Town reasonable satisfaction and all required Contractor submittals have been provided. The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Exhibit - "FEE SCHEDULE/HOURLY RATES." No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Exhibit . No compensation shall be paid to Contractor for services required and expenditures incurred in correcting Contractor’s mistakes or negligence. Compensation for authorized work beyond the scope of this Contract shall be governed by subsection 5M of this Contract. In consideration of said payment and compensation, the Contractor agrees to perform said services and to carry out the provisions of this contract in accordance with generally accepted professional practices for the intended use of the project and to the satisfaction of the ---PAGE BREAK--- 28 Jackson Creek Parkway Widening 3. TERM OF CONTRACT Contractor will start work after the Notice to Proceed and continue to work diligently until completed. The Contractor shall complete all work on an as ordered basis throughout the Contract period which is Calendar Days after the Notice- to-Proceed (“Period of Performance”) as per the specifications and drawings. The Contractor shall provide a two-year guarantee on all work performed under this Contract after the job has been completed and accepted. 4. INSURANCE The Contractor shall provide and maintain an acceptable Insurance Policy(s) which includes Property, Liability and Professional Errors and Omissions coverage. The Town’s Risk Manager may from time to time change the insurance requirements and amend the requirements, without the consent or approval of Contractor and Contractor agrees to change their insurance coverages to comply with the amended requirements within thirty (30) days of receiving notice of the changes. The Town of Monument shall be reflected as an additional insured on the Property and Liability policy(s). Further, Contractor understands and agrees that Contractor shall have no right of coverage under any existing or future Town comprehensive, self, or personal injury policies. Contractor shall provide insurance coverage for and on behalf of Contractor that will sufficiently protect Contractor, or Contractor's agents, employees, servants or other personnel, in connection with the services which are to be provided by Contractor pursuant to this Contract, including protection from claims for bodily injury, death, property damage, and lost income. Contractor shall provide worker's compensation insurance coverage for Contractor and all Contractor personnel. Contractor shall file applicable certificates of insurance with the Town and shall also provide additional insurance as indicated in this Contract. A CURRENT CERTIFICATE OF INSURANCE IS REQUIRED PRIOR TO COMMENCEMENT OF SERVICES LISTING THE TOWN AS ADDITIONALLY INSURED. 5. RESPONSIBILITY OF THE CONTRACTOR A. Contractor shall satisfactorily perform the professional services for Phase I of the Project as indicated in Statement of Work, which is attached hereto and made a part hereof by reference. B. Upon completion of any phase or sub-phase, Contractor shall not proceed with work on the next phase or sub-phase, if any, until authorized in writing by Town to proceed therewith. ---PAGE BREAK--- 29 Jackson Creek Parkway Widening C. Such services shall include all usual and customary professional engineering services and the furnishing (directly or through its professional consultants) of customary and usual civil, structural, mechanical, electrical engineering, environmental, architectural and planning services. Unless expressly excepted, in Appendix A - Statement of Work hereto, Contractor shall also provide any other environmental, geotechnical, architectural, landscape architectural and surveying services incidental to its work on the Project. If architectural services are rendered, Contractor shall provide an attested statement on each drawing sheet that certifies the design complies with all applicable provisions of the Americans with Disabilities Act. In performing the professional services, Contractor shall complete the work items described generally in Statement of Work and the items identified in this Section 5 of this Contract which are applicable to each phase for which Contractor is to render professional services. D. Professional engineering services (whether furnished directly or through a professional consultant subcontract) shall be performed under the direction and supervision of a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under this Contract shall be the same as at least one record set which shall be furnished to Town and which shall be signed by and bear the seal of such registered Professional Engineer. E. Surveying work included within or reasonably contemplated by this Contract shall be performed under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Contract shall be signed by and bear the seal of said Professional Land Surveyor. F. Any architectural services provided under this Contract shall be performed under the direction and supervision of an architect duly licensed and authorized. G. All drawings and specifications furnished by the Contractor under this Contract (“Drawings” and “Specifications”) shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority. Final design, including Drawings and Specifications, shall also comply with ADA Accessibility Guidelines (ADAAG) Manual developed by the U.S. Architectural and Transportation Barriers Board (1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36, Appendix A, whichever is applicable. Contractor shall include an attest statement on each record drawing sheet of final plan drawings that certifies that the design is compliant with either the ADAAG Manual or 28 C.F.R. Part 36 Standards. ---PAGE BREAK--- 30 Jackson Creek Parkway Widening H. The Contractor shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all designs, drawings, specifications, and other Statement of Work services furnished by the Contractor under this Contract, including that performed by Contractor’s consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Town’s approval or acquiescence in same. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in services provided under this Contract to the satisfaction of the Town. I. Contractor shall be responsible, in accordance with applicable law, to Town for all loss or damage to Town caused by Contractor's negligent act or omission; except that Contractor hereby irrevocably waives and excuses Town and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13-20-602, C.R.S. or similar statute. J. Contractor's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project. K. Contractor shall be completely responsible for the safety of Contractor's employees in the execution of work under this Contract, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Town from any and all claims, suits, losses or injuries to Contractor's employees. L. Contractor acknowledges that, due to the nature of engineering and related professional services and the impact of same on the Project, Town has a substantial interest in the personnel and consultants to whom Contractor assigns principal responsibility for services performed under this Contract. Consequently, Contractor represents that Contractor has selected and intends to employ or assign the key personnel and consultants identified in Appendix - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Contract, Town shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Contractor will employ alternate personnel for such function or reassign such responsibility to another to whom Town has no reasonable objection. Thereafter, Contractor shall not assign or reassign Project work to any person to whom Town has reasonable objection. The key personnel listed in Appendix - "Identification of Personnel, Subcontractors and Task Responsibility” will be the individuals used in the performance of the work unless objected to by the Town as provided in the immediately preceding paragraph. If any of the listed key personnel leave ---PAGE BREAK--- 31 Jackson Creek Parkway Widening employment or are otherwise not utilized in the performance of the work, approval to substitute must be obtained by the Contractor from the Town’s delegated Project Manager. Any substitute shall have the same or a higher standard of qualifications that the key personnel possessed at the time of Contract award. Within 5 days of execution of this Contract, Contractor shall designate in writing a Project representative who shall have complete authority to bind Contractor, and to whom Town should address communications. M. after execution of this Contract and upon receipt of authorization from Town to proceed, Contractor shall submit to Town for approval a schedule showing the order in which Contractor proposes to accomplish its work, with dates on which it will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Town's time table for achievement of interim tasks and final completion of Project work, provided however, the Contractor will not be responsible for delays beyond its control. N. Before undertaking any work which Contractor considers beyond or in addition to the scope of work and services which Contractor has contractually agreed to perform under the terms of this Contract, Contractor shall advise Town in writing that Contractor considers the work beyond the scope of this Contract, (ii) the reasons the Contractor believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Contractor shall not proceed with such out of scope or additional work until authorized in writing by Town. The compensation for such authorized work shall be negotiated, but in the event the Parties fail to negotiate or are unable to agree as to compensation, then Contractor shall be compensated for his direct costs and professional time at the rates set forth in Exhibit - "Fee Schedule". O. The Town's review, approval of, acceptance of, or payment for the services required under this Contract shall not be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to the Town for any and all damages to the Town caused by the Contractor's negligent performance of any of the services furnished under this Contract. P. The rights and remedies of the Town provided for under this Contract are in addition to any other rights and remedies provided by law. Q. If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. ---PAGE BREAK--- 32 Jackson Creek Parkway Widening R. The Contractor shall be obligated to provide services as an expert witness in connection with any public hearings or legal "proceedings" for a period of five years following the completion of the Project. The Contractor shall be reimbursed for such service unless the basic issue of such hearing or "proceeding" concerns sufficiency of the Contractor services as outlined in this Contract. The Contractor hereby agrees to relieve the Town from all claims and liability due to the Contractor's negligence. S. The design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work to be performed under this Contract shall be accomplished or reviewed and approved by architects or engineers registered in the state of Colorado to practice in the professional field involved. 6. WORK OVERSIGHT A. The extent and character of the work to be done by the Contractor shall be subject to the general approval of the Town’s delegated Project Manager. B. If the Contractor fails to perform the defective work or services again or to take the necessary action to ensure future performance is in conformity with Contract requirements, the Town may by Contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Town that is directly related to the performance of such work or service or terminate the Contract for breach of contract. 7. SUBCONTRACTORS, ASSOCIATES, AND OTHER CONTRACTORS A. Any subcontractor, outside associates, or other contractors used by the Contractor in connection with Contractor's work under this Contract shall be limited to individuals or firms that are specifically identified by the Contractor in the Contractor's proposal and agreed to by the Town. The Contractor shall obtain the Town’s Project Manager’s written consent before making any substitution of these subcontractors, associates, or other contractors. B. The Contractor shall include a flow down clause in all of its subcontracts, agreements with outside associates, and agreements with other contractors. The flow down clause shall cause all of the terms and conditions of this Contract, including all of the applicable parts of the Contract Documents, to be incorporated into all subcontracts, agreements with outside associates, and agreements with other contractors. The flow down clause shall provide clearly that there is no privity of contract between the Town and the Contractor's subcontractors, outside associates, and other contractors. 8. START AND CONTINUANCE OF WORK ---PAGE BREAK--- 33 Jackson Creek Parkway Widening It is further agreed that the Contractor will start work and continue to work diligently until this Contract is completed. The following provisions shall apply to this Contract and shall take precedence and control in the event of conflict with any other provisions of the Contract: 9. APPROPRIATION OF FUNDS This Contract is expressly made subject to the limitations of the Colorado Constitution and Section 7-60 of the Charter of the Town of Monument. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi- year fiscal obligation or an obligation of future appropriations by the Town Council of Colorado Springs, contrary to Article X, § 20, Colo. Const., or any other constitutional, statutory, or charter debt limitation. Notwithstanding any other provision of this Contract, with respect to any financial obligation of the Town which may arise under this Agreement in any fiscal year after the year of execution, in the event the budget or other means of appropriation for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall act to terminate this Contract at such time as the then-existing and available appropriations are depleted, and (ii) neither such failure nor termination shall constitute a default or breach of this Contract, including any sub-agreement, attachment, schedule, or exhibit thereto, by the Town. As used herein, the term “appropriation” shall mean and include the due adoption of an appropriation ordinance and budget and the approval of a Budget Detail Report (Resource Allocations) which contains an allocation of sufficient funds for the performance of fiscal obligations arising under this Contract. 10.CHANGES The Contractor and the Town agree and acknowledge as a part of this Contract that no change order or other form or order or directive may be issued by the Town which requires additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for this Contract as listed above, unless the Contractor has been given a written assurance by the Town that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy- granting provision of this Contract. The Contractor and the Town further agree and acknowledge as a part of this Contract that no change order or other form or order or directive which requires additional compensable work to be performed under this Contract shall be issued by the Town unless funds are available to pay such additional costs, and, regardless of any remedy-granting provision included within this Contract, the Contractor shall not be entitled to any additional compensation for any change which increases or decreases the Contract completion date, or for any additional compensable work performed under this Contract, and expressly waives any rights to additional compensation, whether by law or equity, unless, prior to commencing the additional work, the Contractor was given a written change order ---PAGE BREAK--- 34 Jackson Creek Parkway Widening describing the change in Contract completion date or the additional compensable work to be performed, and setting forth the amount of compensation to be paid, which change order was signed by the authorized Town representative. The amount of compensation to be paid, if any, shall be deemed to cover any and all additional general, extended overhead, direct, indirect or other cost or expense or profit of the Contractor whatsoever. It is the Contractor's sole responsibility to know, determine, and ascertain the authority of the Town representative signing any change order under this Contract. No change to this Contract shall be valid unless duly approved and issued in writing by the Town of Monument Planning Department. The Town shall not be liable for any costs incurred by the Contractor resulting from work performed for changes not issued in writing by the Town of Monument Procurement Services Division. 11.ASSIGNMENT No assignment or transfer by the Contractor of this Contract or any part thereof or of the funds to be received thereunder by the Contractor will be recognized unless such assignment has had the prior written approval of the Town and the surety has been given due notice of such assignment. Such written approval by the Town shall not relieve the Contractor of the obligations under the terms of this Contract. In addition to the usual recitals in assignment contracts, the following language must be included in the assignment: It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms, or corporations rendering such services or supplying such materials. 12.CHOICE OF LAW This Contract is subject to and shall be interpreted under the law of the State of Colorado, and the Charter, Town Code, Ordinances, Rules and Regulations of the Town of Monument, Colorado, a Colorado statutory Town. Court venue and jurisdiction shall be exclusively in the Colorado District Court for El Paso County, Colorado. The Parties agree that the place of performance for this Contract is deemed to be in the Town of Monument, El Paso County, State of Colorado. The Contractor shall ensure that the Contractor and the Contractor's employees, agents, officers and subcontractors are familiar with, and comply with, applicable Federal, State, and Local laws and regulations as now written or hereafter amended. 13.WORKERS’ COMPENSATION INSURANCE Contractor shall take out and maintain during the Period of Performance, Colorado Worker's Compensation Insurance for the Contractor and all employees of the Contractor. If any service is sublet by the Contractor, the Contractor shall require ---PAGE BREAK--- 35 Jackson Creek Parkway Widening the subcontractor to provide the same coverage for the subcontractor and subcontractor’s employees. Workers’ Compensation Insurance shall include occupational disease provisions covering any obligations of the Contractor in accord with the provisions of the Workers’ Compensation Act of Colorado. 14.INDEMNIFICATION The Consultant shall indemnify and hold harmless the Town, its enterprise(s), associated and/or affiliated entities, successors, or assigns, its elected officials, officers, employees, agents, and volunteers from and against all liabilities, claims, actions, damages, losses, and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or resulting in any way from the performance of professional services for the Town under this Contract and caused by any willful or negligent error, omission, or act of or a failure to observe any applicable standard of care by the Consultant or any person employed by it or anyone for whose acts the Consultant is legally liable. The Consultant hereby irrevocably waives and excuses Town and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13-20-602, C.R.S. or similar statute. In consideration of the award of this Contract, to the extent damages are covered by insurance, the Consultant agrees to waive all rights of subrogation against the Town its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Consultant for the Town. 15.INDEPENDENT CONTRACTOR In the performance of the Contractor's obligations under this Contract, it is understood, acknowledged and agreed between the parties that the Contractor is at all times acting and performing as an independent contractor, and the Town shall neither have nor exercise any control or direction over the manner and means by which the Contractor performs the Contractor's obligations under this Contract, except as otherwise stated within the Contract terms. The Town shall not provide any direction to the Contractor on the work necessary to complete the project. Contractor understands that it is an independent contractor responsible for knowing how to perform all work or tasks necessary to complete project. The Contractor understands and agrees that the Contractor and the Contractor's employees, agents, servants, or other personnel are not Town employees. The Contractor shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits or any other form of compensation or benefit to the Contractor or any of the Contractor's employees, agents, servants or other personnel performing services or work under this Contract, whether it is of a direct or indirect nature. Further in that regard, it is expressly understood and agreed that for such purposes neither the Contractor nor the Contractor's employees, agents, servants or other personnel shall be entitled to any Town payroll, insurance, unemployment, worker's compensation, retirement or any other benefits whatsoever. ---PAGE BREAK--- 36 Jackson Creek Parkway Widening 16.APPLICABLE LAW AND LICENSES In the conduct of the services or work contemplated in this Contract, the Contractor shall ensure that the Contractor and all subcontractors comply with all applicable state, federal and Town and local law, rules and regulations, technical standards or specifications. The Contractor shall qualify for and obtain any required licenses prior to commencement of work. 17.PRIOR AGREEMENTS This is a completely integrated Contract and contains the entire agreement between the parties. Any prior written or oral agreements or representations regarding this Contract shall be of no effect and shall not be binding on the Town. This Contract may only be amended in writing, and executed by duly authorized representatives of the parties hereto. 18.INTELLECTUAL PROPERTY The Parties hereby agree, and acknowledge, that all products, items writings, designs, models, examples, or other work product of the Contractor produced pursuant to this Contract are works made for hire, and that the Town owns, has, and possesses any and all ownership rights and interests to any work products of the Contractor made under this Contract, including any and all copyright, trademark, or patent rights, and that compensation to the Contractor for Agreement and acknowledgment of this intellectual property right section of this Contract is included in any compensation whatsoever paid to the Contractor under this Contract. It is the intent of the parties that the Town shall have full ownership and control of the Contractor's work products produced pursuant to this Contract, and the Contractor specifically waives and assigns to the Town all rights which Contractor may have under the 1990 Visual Artists Rights Act, federal, and state law, as now written or later amended or provided. In the event any products, items writings, designs, models, examples, or other work product produced pursuant to this Contract is deemed by a court of competent jurisdiction not to be a work for hire under federal copyright laws, this intellectual property rights provision shall act as an irrevocable assignment to the Town by the Contractor of any and all copyrights, trademark rights, or patent rights in the Contractor's products, items writings, designs, models, examples, or other work product produced pursuant to this Contract, including all rights in perpetuity. Under this irrevocable assignment, the Contractor hereby assigns to the Town the sole and exclusive right, title, and interest in and to the Contractor's products, items writings, designs, models, examples, or other work product produced pursuant to this Contract, without further consideration, and agrees to assist the Town in registering and from time to time enforcing all copyrights and other rights and protections relating to the Contractor's products, items writings, designs, models, examples, or other work product in any and all ---PAGE BREAK--- 37 Jackson Creek Parkway Widening countries. It is the Contractor's specific intent to assign all right, title, and interest whatsoever in any and all copyright rights in the Contractor's products, items writings, designs, models, examples, or other work product produced pursuant to this Contract, in any media and for any purpose, including all rights of renewal and extension, to the Town. To that end, the Contractor agrees to execute and deliver all necessary documents requested by the Town in connection therewith and appoints the Town as Contractor's agent and attorney-in-fact to act for and in Contractor's behalf and stead to execute, register, and file any such applications, and to do all other lawfully permitted acts to further the registration, prosecution, issuance, renewals, and extensions of copyrights or other protections with the same legal force and effect as if executed by the Contractor; further, the parties expressly agree that the provisions of this intellectual property rights section shall be binding upon the parties and their heirs, legal representatives, successors, and assigns. 19.WAIVERS No waiver of default by the Town of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the Contractor shall be construed, or shall operate, as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by the Contractor. 20.THIRD PARTIES 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 the Parties hereto, and nothing contained in this Contract shall give or allow any such claim or right of action by any other or third person or entity on such Contract. It is the 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. 21. TERMINATION A. Termination for Convenience. By signing this Contract, Contractor represents that it is a sophisticated business and enters into the Contract voluntarily, has calculated all business risks associated with this Contract, and understands and assumes all risks of being terminated for convenience, whether such risks are known or not known. Contractor agrees that the Town may terminate this Contract at any time for convenience of the Town, upon written notice to the Contractor. Contractor expressly agrees to and assumes the risk that the Town shall not be liable for any costs or fees of whatsoever kind and nature if termination for convenience occurs before Contractor begins any work or portion of the work. Contractor further expressly agrees and assumes the risks that the Town shall not be liable for any unperformed work, anticipated profits, overhead, mobilizations costs, set-up, demobilization costs, relocation costs of employees, ---PAGE BREAK--- 38 Jackson Creek Parkway Widening layoffs or severance costs, administrative costs, productivity costs, losses on disposal of equipment or materials, cost associated with the termination of subcontractors, costs associated with purchase orders or purchases, or any other costs or fees of any kind and nature, if Contractor has started or performed portions of the Contract prior to receiving notice from the Town. The Town shall be liable only for the portions of work Contractor actually satisfactorily completed up to the point of the issuance of the Notice of Termination for convenience. Upon receipt of this notice the Contractor shall immediately: discontinue all services affected (unless the notice directs otherwise), and deliver to the Town all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Contract, whether completed or in process. B. Termination for Cause: The occurrence of any one or more of the following events (“Event of Default”) will justify termination for cause: 1. Contractor’s failure to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time. 2. Contractor’s disregard of the laws or regulations of any public body having jurisdiction. 3. Contractor’s disregard of the authority of Project Manager. 4. Contractor’s violation in any material provision of the Contract Documents. 5. Contractor’s failure to make prompt payments to its subcontractors, and suppliers of any tier, or laborers or any person working on the work by, through, or under the Contractor or any of them, any all of their employees, officers, servants, members, and agents. 6. Contractor files a petition commencing a voluntary case under the U.S. Bankruptcy Code, or for liquidation, reorganization, or an arrangement pursuant to any other U.S. or state bankruptcy Laws, or shall be adjudicated a debtor or be declared bankrupt or insolvent under the U.S. Bankruptcy Code, or any other federal or state laws relating to bankruptcy, insolvency, winding-up, or adjustment of debts, or makes a general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition commencing an involuntary case under the U.S. Bankruptcy Code or an answer proposing the adjudication of Contractor as a debtor or bankrupt or proposing its liquidation or reorganization pursuant to the Bankruptcy Code or any other U.S. federal or state bankruptcy laws is filed in any court and Contractor consents to or acquiesces in the filing of that pleading or the petition or answer is not discharged or denied within sixty (60) Calendar Days after it is filed. ---PAGE BREAK--- 39 Jackson Creek Parkway Widening 7. A custodian, receiver, trustee or liquidator of Contractor, all or substantially all of the assets or business of Contractor, or of Contractor’s interest in the Work or the Contract, is appointed in any proceeding brought against Contractor and not discharged within sixty (60) Calendar Days after that appointment, or if Contractor shall consent to or acquiesces in that appointment. 8. Contractor fails to commence correction of defective work or fails to correct defective work within a reasonable period of time after written notice. If one or more of the events identified in Paragraphs1-8 above occur, Town may give Contractor written notice of the event and direct the event be cured. Any such Notice to Cure will Contractor a minimum of ten (10) calendar days to prepare and submit to the Project Manager a plan to correct the Event of Default. If such plan to correct the Event of Default is not submitted to the Project Manager within ten (10) days after the date of the written notice or such plan is unacceptable to the Town, the Town may, give Contractor (and the Surety, if any) written notice that Contractor’s services are being terminated for cause. Upon delivery of the termination notice, Town may terminate the services of Contractor in whole or in part, exclude Contractor from the site, and take possession of the work and of all Contractor’s tools, appliances, equipment, and machinery at the project site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the work all materials and equipment stored at the site or for which Town has paid Contractor but which are stored elsewhere, and finish the work as Town may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until Certificate of Completion of the work. In the event Town terminates this Contract for Cause and the cost of completing the work exceeds the unpaid balance of the Contract, Contractor shall pay Town for any costs of completion when combined with all amounts previously paid to Contractor. Neither the Town nor any officer, agent or employee of the Town shall be in any way liable or accountable to the Contractor or the Surety for the method by which the completion of the said work. Where Contractor’s services have been so terminated by Town, the termination will not affect any rights or remedies of Town against Contractor or Surety then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Town will not release Contractor from liability. C. Termination Notice. Upon receipt of a termination notice, whether for convenience or cause, the Contractor shall immediately: discontinue all services affected (unless the notice directs otherwise), and deliver to the Town all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Contract, whether completed or in process. D. Removal of Equipment. Except as provided above, in the case of termination of this Contract before completion from any cause whatever, the Contractor, if notified ---PAGE BREAK--- 40 Jackson Creek Parkway Widening to do so by the Town, shall remove any part or all of Contractor's equipment and supplies from the property of the Town, failing which the Town shall have the right to remove such equipment and supplies at the expense of the Contractor. 22.BOOKS OF ACCOUNT AND AUDITING The Contractor shall make available to the Town if requested, true and complete records, which support billing statements, reports, performance indices, and all other related documentation. The Town’s authorized representatives shall have access during reasonable hours to all records, which are deemed appropriate to auditing billing statements, reports, performance indices, and all other related documentation. The Contractor agrees that it will keep and preserve for at least seven years all documents related to the Contract which are routinely prepared, collected or compiled by the Contractor during the performance of this Contract. The Town’s Auditor and the Auditor’s authorized representatives shall have the right at any time to audit all of the related documentation. The Contractor shall make all documentation available for examination at the Auditor’s request at either the Auditor’s or Contractor's offices, and without expense to the Town. 23.ILLEGAL ALIENS Illegal Aliens - Public Contracts for Services - Compliance with Title 8, Article 17.5, Colorado Revised Statutes: The Contractor acknowledges, understands, agrees, and certifies that: In the performance of any work or the provision of any services by the Contractor under this Contract, the Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract; or enter into a contract with any subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or under the subcontract to this Contract. The Contractor certifies in accord with Section 8-17.5-102(1) C.R.S. that, on the date the Contractor signs this Contract, the Contractor does not knowingly employ or Contract with an illegal alien who will perform work under this Contract and that the Contractor shall participate in the e-verify program or Colorado Department of Labor and Employment program in order to confirm the employment eligibility of all employees who are newly hired for employment or to perform work under this Contract. The Contractor is expressly prohibited from using the e-verify program or Colorado Department of Labor and Employment program procedures to undertake pre-employment screening of job applicants while this Contract and any services under this Contract are being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract for services knowingly employs or contracts with an illegal alien, the Contractor shall notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and terminate the subcontract with ---PAGE BREAK--- 41 Jackson Creek Parkway Widening the subcontractor if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the Contract with the subcontractor if during the three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor shall comply with any request by the Town, federal government, or the Colorado Department of Labor and Employment made in the course of an investigation. If the Contractor violates or fails to comply with any provision of C.R.S. 8-17.5-101 et seq, the Town may terminate this Contract for breach of contract. If this Contract is so terminated, the Contractor shall be liable for any actual and consequential damages to the Town. 24.COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT Contractor certifies that Contractor has complied with the United States Immigration Reform and Control Act of 1986. All persons employed by Contractor for performance of this Contract have completed and signed Form I-9 verifying their identities and authorization for employment. 25.LABOR The Contractor shall employ only competent and skilled workmen and foremen in the conduct of work on this Contract. The Contractor shall at all times enforce strict discipline and good order among Contractor's employees. The Project Manager shall have the authority to order the removal from the work of any person, including Contractor's or any subcontractor’s employees, who refuses or neglects to observe any of the provisions of these Plans or Specifications, or who is incompetent, abusive, threatening, or disorderly in conduct and any such person shall not again be employed on the Project. In no event shall the Town be responsible for overtime pay. 26.GRATUITIES A. This Contract may be terminated if the Mayor, the Mayor’s designee, and/or the Procurement Services Manager determine, in their sole discretion, that the Contractor or any officer, employee, agent, or other representative whatsoever, of the Contractor offered or gave a gift or hospitality to a Town officer, employee, agent or Contractor for the purpose of influencing any decision to grant a Town contract or to obtain favorable treatment under any Town contract. B. The terms "hospitality" and "gift" include, but are not limited to, any payment, subscription, advance, forbearance, acceptance, rendering or deposit of money, ---PAGE BREAK--- 42 Jackson Creek Parkway Widening services, or anything of value given or offered, including but not limited to food, lodging, transportation, recreation or entertainment, token or award. C. Contract termination under this provision shall constitute a breach of contract by the Contractor, and the Contractor shall be liable to the Town for all costs of reletting the contract or completion of the project. Further, if the Contractor is terminated under this provision, or violates this provision but is not terminated, the Contractor shall be subject to debarment under the Town's Procurement Regulations. The rights and remedies of the Town provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 27.NON-DISCRIMINATION A. In accord with section 24-34-402, C.R.S., the Contractor will not discriminate against any employee or applicant for employment because of disability, race, creed, color, sexual orientation, religion, age, national origin, or ancestry. But, with regard to a disability, it is not a discriminatory or an unfair employment practice for an employer to take into consideration disability if there is no reasonable accommodation that the employer can make with regard to the disability, the disability actually disqualifies the person from the job, and the disability has a significant impact on the job. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their disability, race, creed, color, sexual orientation, religion, age, national origin, or ancestry. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. B. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. C. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to disability, race, creed, color, sexual orientation, religion, age, national origin, or ancestry. D. Contractor will cooperate with the Town in using Contractor's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts or work under this Contract. 28. ORDER OF PRECEDENCE ---PAGE BREAK--- 43 Jackson Creek Parkway Widening Any inconsistency in this Contract shall be resolved by giving precedence in the following order: A. This Contract document with its terms and conditions B. The Statement of Work C. Other Appendices, Attachments, Exhibits, or Schedules 29.HEADINGS The section headings contained in this Contract are for reference purposes only and shall not affect the meaning or interpretation of this Contract. 30.DISPUTES A. All administrative and contractual disputes arising from or related to this Contract shall be addressed in the following manner: i. If either Party disputes or disagrees with a Contract term or the other Party’s interpretation of a Contract term or has any other administrative or contractual dispute such Party shall give the other Party written notice of said dispute. ii. The Parties shall hold a meeting as soon as reasonably possible, but in no event later than thirty (30) calendar days from the initial written notice of the dispute, attended by persons with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute; provided, however, that no such meeting shall be deemed to vitiate or reduce the obligations and liabilities of the Parties or be deemed a waiver by a Party of any remedies to which such Party would otherwise be entitled unless otherwise agreed to by the Parties in writing. iii. If, within thirty (30) calendar days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to non-binding mediation and to bear equally the costs of the mediation. iv. The Parties will jointly appoint a mutually acceptable mediator. If they fail to do so within twenty (20) calendar days from the conclusion of the negotiation period, they shall each select a mediator. The two mediators will then appoint a third mediator who shall conduct mediation for the Parties as the sole mediator. v. The Parties agree to participate in good faith in the mediation and negotiations for a period of thirty (30) calendar days. The substantive and procedural law of the State of Colorado shall apply to the proceedings. If the Parties are not successful in resolving the dispute through mediation, ---PAGE BREAK--- 44 Jackson Creek Parkway Widening then the Parties shall be free to pursue any other remedy afforded by the laws of the State of Colorado. vi. Until final resolution of any dispute hereunder, the Contractor shall diligently proceed with the performance of this Contract as directed by the Town. For purposes of this Contract, termination for convenience shall not be deemed a dispute. The Town of Monument and the Contractor agree to notify each other in a timely manner of any claim, dispute, or cause of action arising from or related to this Contract, and to negotiate in good faith to resolve any such claim, dispute, or cause of action. To the extent that such negotiations fail, the Town of Monument and the Contractor agree that any lawsuit or cause of action that arises from or is related to this Contract shall be filed with and litigated only by the Colorado District Court for El Paso County, CO. 31.DELIVERY The Town may cancel this Contract or any portion thereof if delivery is not made when and as specified, time being of the essence in this Contract. Contractor shall pay the Town for any loss or damage sustained by the Town because of failure to perform in accordance with this Contract. 32.PAYMENTS All invoices shall be sent to the Project Manager identified in this Contract. The Town will pay the Contractor, upon submission of proper invoices as stipulated in the Contract for services rendered and accepted, less any deductions provided in this Contract within 30 days (Net 30). The Town will not pay late fees or interest. Any discount payment terms offered on the invoice may be taken by the Town. Payment of an invoice shall not be deemed acceptance of the invoice or waive the Town’s right to later audit and dispute any invoice, provided that such audit complies with the Audit provisions of this Contract. Each invoice must contain at least the following information: Contract number, issued purchase order number, invoice number, invoice date, timeframe covered by invoice, type and amount of labor and materials used for that time period, dollar amount, and total value of invoice. IF T&M The Town will make payments for services on a basis for services performed during the previous month in accordance with this Contract. All labor Invoices shall include labor categories, rates, hours worked, and total amounts per ---PAGE BREAK--- 45 Jackson Creek Parkway Widening category. All labor categories and rates charged must be included in this Contract. No other categories or rates will be allowed or payable. All labor invoices are subject to Town approval. Materials will be payable on a reimbursable basis with no additional profit, fee, overhead, handling, or General and Administrative (G&A) costs. All costs for materials shall be approved by the Town Contracts Specialist before the costs are incurred and payable. The Town will pay the Contractor, upon submission of proper invoices as stipulated in the Contract for services rendered and accepted, less any deductions provided in this Contract within 30 days (Net 30). The Town will not pay late fees or interest. Any discount payment terms offered on the invoice may be taken by the Town. 33.INSPECTION OF SERVICES The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the services furnished under this Contract conform to Contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Town inspection and testing required in the Contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Town. A. Definition of “services”, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. B. The Contractor shall provide and maintain an inspection system acceptable to the Town covering the services under this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Town during Contract performance and for as long afterwards as the Contract requires. C. The Town has the right to inspect and test all services called for by the Contract, to the extent practicable at all times and places during the term of the Contract. The Town will perform inspections and tests in a manner that will not unduly delay the work. D. If the Town performs inspections or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in Contract, all reasonable facilities and assistance for the safe and convenient performance of these duties. 34.SECURITY ---PAGE BREAK--- 46 Jackson Creek Parkway Widening The Town maintains security requirements regarding access to Town buildings and other Town workplaces and worksites on Town property. All Contractor personnel accessing Town buildings, workplaces, or worksites, may be required to produce a valid, Government issued picture identification. Contractor personnel lacking such identification may not be allowed access to such sites. No costs incurred by the Contractor due to Town security requirements shall be allowable or payable under this Contract. 35.TIME IS OF THE ESSENCE In as much as the Contract concerns a needed or required service, the terms, conditions, and provisions of the Contract relating to the time of performance and completion of work are of the essence of this Contract. The Contractor shall begin work on the day specified and shall prosecute the work diligently so as to assure completion of the work within the number of calendar days or date specified, or the date to which the time for completion may have been extended. 36.EMPLOYMENT OF LABOR The Contractor shall comply with, and defend and hold the Town harmless from any violation of all laws and lawful rules and regulations, both of the State of Colorado and of the United States, relating to Workmen's Compensation, unemployment compensation, Social Security, payment for overtime, and all other expenses and conditions of employment under this Contract. 37.SALES TAX The Contractor must have a tax-exemption certificate from the Colorado Department of Revenue for this project. The certificate does not apply to Town of Monument Sales and Use Tax which shall be applicable. The tax exempt project number and the exemption certificate only applies to County and State taxes when purchasing construction and building materials to be incorporated into this project. Furthermore, the exemption does not include or apply to the purchase or rental of equipment, supplies or materials that do not become a part of the completed project or structure. Such purchases and rentals are subject to full applicable taxation. All contracts with subcontractors must include the Town of Monument Sales and Use Tax on the work covered by the Contract, and other taxes as applicable. Note: For all equipment, materials and supplies incorporated into the work purchased from vendors or suppliers not licensed to collect Town Sales Tax (i.e. out of state suppliers, etc.), Town Use Tax is due and payable to the Town. The Contractor shall execute and deliver and shall cause the Contractor’s subcontractors ---PAGE BREAK--- 47 Jackson Creek Parkway Widening to execute and deliver to the Town Clerk forms listing all said equipment, materials and supplies and the corresponding use tax due, along with payment for said taxes. Any outstanding taxes due may be withheld from the final payment due the Contractor and may result in suspension of Contractor from bidding on Town projects. Our Registration Numbers are as follows: Town of Monument Federal I.D.: 84-6007781 Federal Excise: A-138557 State Sales Tax: 08-03377 The Contractor's payment or exemption of State of Colorado, El Paso County and Town Sales and Use Taxes shall be as specified herein. 38.SEVERABILITY If any terms, conditions, or provisions of this Contract shall be held unconstitutional, illegal, or void, such finding shall not affect any other terms, conditions, or provisions of this Contract. 39. LIABILITY OF TOWN EMPLOYEES All authorized representatives of the Town are acting solely as agents and representatives of the Town when carrying out and exercising the power or authority granted to them under the Contract. There shall not be any liability on them either personally or as employees of the Town. 40.APPENDICES The following Appendices are made a part of this Agreement: 1. Appendix A – Additional Terms and Conditions 2. Appendix B – Contractor’s Proposal, 3. Appendix C – Statement of Work 4. Appendix D – Project Schedule ---PAGE BREAK--- 48 Jackson Creek Parkway Widening CONTRACT SIGNATURE PAGE The Contractor certifies in accord with Section 8-17.5-102(1) C.R.S. that, on the date the Contractor signs this Contract, the Contractor does not knowingly employ or Contract with an illegal alien who will perform work under this Contract and that the Contractor shall participate in the e-verify program or Colorado Department of Labor and Employment program in order to confirm the employment eligibility of all employees who are newly hired for employment or to perform work under this Contract. The Contractor is expressly prohibited from using the e-verify program or Colorado Department of Labor and Employment program procedures to undertake pre- employment screening of job applicants while this Contract and any services under this Contract are being performed. IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and the year first above written. This Contract is executed in one original copy. THE TOWN OF MONUMENT, COLORADO: Date SECOND PARTY: Corporate Name Signature Date Title ---PAGE BREAK--- 49 Jackson Creek Parkway Widening EXHIBIT 3 EXCEPTIONS Print the words "no if there are no exceptions taken to any of the terms, conditions, or specifications of these proposal documents or contract. If there are exceptions taken to any of the terms, conditions, or specifications of the proposal document or contract, they must be clearly stated on a separate sheet of paper attached to this sheet and returned with your proposal. Note: All potential Offerors are hereby advised that exceptions taken may be considered during the evaluation phase which may affect the final scoring of proposals. Offerors stipulating that the Town must use their contract or agreement may be determined non- responsive and their Proposal determined unacceptable. Company Name: Address: (City, State and Zip Code) Authorized Signature: Date: Printed Name/Title: Return this form with your Proposal. ---PAGE BREAK--- 50 Jackson Creek Parkway Widening EXHIBIT 4 MINIMUM INSURANCE REQUIREMENTS The following listed minimum insurance requirements shall be carried by all contractors and consultants unless otherwise specified in the Town’s solicitation package, Special Provisions, or Standard Specifications. 1. X Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $100,000. 2. X Automobile Liability covering any auto (including owned, hired, and non-owned autos) with a minimum of $1,000,000 each accident combined single limit. 3. X Commercial General Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. Coverage shall include blanket contractual, broad form property damage, products and completed operations and contractors protective endorsements. 4. Liquor Legal Liability Insurance: If the event producer is a business that manufactures, distributes, sells, or serves alcoholic beverages, and intends to serve or sell alcoholic beverages at an event, they must also submit a Certificate of Insurance providing proof of a liquor legal liability insurance policy or properly endorsed general liability policy. a. If this event producer hires a vendor to serve or sell alcoholic beverages, rather than providing the alcohol themselves, they must submit a Certificate of Insurance from the vendor providing proof of a liquor legal liability insurance policy or properly endorsed general liability policy. b. In either case, the minimum acceptable limit of liability per claim and aggregate is $1,000,000. This requirement applies to the business or group which serves or sells the alcohol. 5. Technology Errors and Omissions Liability including Network Security and Privacy Liability not less than $3,000,000 per loss with a $3,000,000 aggregate. a. The policy shall provide a waiver of subrogation. b. The insurance shall provide coverage for liability arising from theft, dissemination and/or use of confidential information stored or transmitted in electronic form. c. Network Security Liability arising from the unauthorized access to, use of or tampering to gain access to your services including denial of service, unless caused by a mechanical or electrical failure d. Liability arising from the introduction of a computer virus into, or otherwise causing damage to, a customer’s or third person’s computer, computer system, network or similar computer related property and the data, software, and programs theron. 6. Excess Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence. 7. Builders Risk or Installation Floater Insurance: Contractor shall purchase and maintain property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property. ---PAGE BREAK--- 51 Jackson Creek Parkway Widening 8. X Professional Liability Insurance covering any damages caused by an error, omission or any negligent Acts with limits of not less than $1,000,000 per occurrence and in the aggregate. The coverage shall have an extended reporting period of 2 years following the date of substantial completion of the project for reporting of claims. 9. Pollution Legal Liability Insurance for limits of not less than $1,000,000 for sudden and accidental incidents including on-site clean-up for new conditions, third party liability for bodily injury and property damage at on-site and off-site locations, and third party clean-up for new and pre-existing conditions. Except for workers’ compensation and employer’s liability insurance, the Town of Monument and PPRTA must be named as an additional insureds. Certificates of Insurance must be submitted before commencing the work and provide 30 days’ notice prior to any cancellation, non-renewal, or material changes to policies required under the contract. All coverage furnished by contractor is primary, and any insurance held by the Town of Monument is excess and non-contributory. The undersigned certifies and agrees to carry and maintain the insurance requirements indicated above throughout the contract Period of Performance. (Name of Company) (Signature) (Date) ---PAGE BREAK--- 52 Jackson Creek Parkway Widening EXHIBIT 5 STATEMENT OF WORK FOR JACKSON CREEK PARKWAY WIDENING FROM HIGBY ROAD TO STATE HWY 105 5.0 The Town of Monument is requesting proposals for complete design and construction management services on Jackson Creek Parkway from Higby Road to SH 105. The anticipated construction limits for this project will be from Higby Road to SH 105. The ultimate design will further develop new roadway geometry that addresses functionality, slope stability, drainage, wider shoulders and aesthetics. “Phase 1: Preliminary Design” Engineering Design Services will be needed to develop preliminary plans for this project. The goals for Preliminary Design deliverables will be: 1. Identify design phasing, design costs, and construction costs. 2. Develop and evaluate roadway geometry alternatives. 3. Identify a preferred alternative that will improve the roadway structure, drainage concerns, traffic flow, and non-motorized mobility. 4. Develop a preliminary Environmental Assessment that can progress to any future NEPA requirements for a project of this size. 5. Side street safety improvements. 6. Public communication process and outreach. 7. Establish ultimate Right-of-Way, easement or setback needs for the project. 8. Preliminary Slope Stability Investigation, and development of preliminary design solutions “Phase 2: Final Design” Phase 2: Final Design consists of addressing environmental issues, if any, and bringing plans to final completion and a “construction ready” status. “Phase 3: Construction Services:” The Town may choose the design consultant for subsequent tasks such as Project Management, Project Coordination and Construction Management. 5.1 PROJECT BACKGROUND INFORMATION: This corridor design phase of the project will be funded through the Pikes Peak Area Council of Governments (PPACG) and local Town of Monument Capital Improvement Program funds. ---PAGE BREAK--- 53 Jackson Creek Parkway Widening Federal Construction dollars have been earmarked through the Surface Transportation Program (STP) in the amount of $7,141,888. The Town of Monument has dedicated a local construction match of $1,484,622. This brings the total amount of construction dollar funding to $8,626,510. Construction funding will be split into two funding years: 2021 and 2022. See (PPACG’s project website) for more information. 5.2 REQUIRED WORK: The overall purpose of this RFP is to select a consulting team (Consultant) that is qualified and able to provide the services outlined in this document. The Consultant shall structure their proposal by detailing a phased approach. The Consultant should clearly identify the appropriate level of effort/study proposed for preliminary design, as well as identifying which portions of the task could be deferred to a later phase. To accomplish the objectives of this Request for Professional Services, consultant submittals should address the following 7 items for Phase 1, Preliminary Design: Phase 1: Preliminary Design 1. Outline proposed design phasing. Describe rationale for the phasing structure. 2. Identify Key environmental factors and outline the NEPA process, and how it will be completed. 3. Ensure consistency with local and regional transportation and park plans. 4. Address potential design alternatives using technical and economic criteria. a. Outline how the consultant will assist staff in choosing a preferred alternative. b. Outline a phasing/implementation plan for the Preferred Alternative. 5. Identify Slope Stability Issues and potential resolutions. 6. Identify Side Roads along the corridor and address safety issues. 7. Identify a recommended public process. The Contract type will be Task Specific. Tasks are identified in the design deliverables, section 6.0. Phase 2 – Enhanced and Final Design The Town of Monument, at its option, may or may not desire to use the same Design Engineering Firm to further develop the roadway design plans. Future contract development may include, but is not limited to: 1. Data collection and Survey. 2. Address Environmental factors identified in Phase 1 3. Develop Roadway and Traffic Control Design, including signage and Striping Plans. 4. Develop Landscaping and streetscape plans. 5. Review: a. Existing plans in consultation with Town staff. ---PAGE BREAK--- 54 Jackson Creek Parkway Widening b. Relevant Town approved and potentially pending development plans. 6. Perform Detailed, right-of-way, access and easement inventory and analysis. a. Identify Specific parcel location, ownership and lease data for those parcels which may be directly affected by right-of-way plans. b. Perform Title work and related documents as provided by the Town. 7. Perform a Utilities inventory (in coordination with CSU). a. Coordinate with Colorado Springs Utilities in identifying existing and planned facilities and easements. b. Coordinate Colorado Springs Utilities Relocations. Phase 3 – Construction Services The Town of Monument may, at its option, request additional Construction Management and/or Project Management services from the selected consultant. This will be dependent upon future funding and Town Staff’s determination of needs for the project. The selected firm must meet all municipal, state and federal affirmative action and equal employment opportunity practices. The Town reserves the right to reject any and all statements, or parts thereof, which are not in the best interest of the Town of Monument. Firms will be evaluated on design and technical competence and capability to perform work within the time allotted, and past record of performance. ---PAGE BREAK--- 55 Jackson Creek Parkway Widening EXHIBIT 6 – QUALIFICATION STATEMENT TOWN OF MONUMENT QUALIFICATION STATEMENT This statement will provide information which will enable the Town to evaluate the qualifications of your firm and staff with regard to the requirements of this Request for Proposal. Please complete this form in its entirety and submit it (in the number of copies requested) along with the other required proposal documents. If a request in the Qualification Statement is contained in the proposal, indicate the section in the proposal where that information can be found. (PRINT) FIRM NAME: ADDRESS: TOWN STATE ZIP: AUTHORIZED REPRESENTATIVE: TITLE: AUTHORIZED SIGNATURE: PHONE: FAX: E-MAIL ADDRESS: 1. TYPE OF BUSINESS 2. TYPE OF LICENSE & LOCATION CORPORATION INDIVIDUAL PARTNERSHIP JOINT VENTURE OTHER: 3. TYPE OF SERVICE TO BE PROVIDED FOR RFP: 4. NUMBER OF YEARS IN BUSINESS: 5. ON A SEPARATE SHEET PROVIDE A BRIEF HISTORY OF YOUR FIRM, STAFF SIZE AND EXPERIENCE. SUBMIT A RESUME FOR THE PROJECT MANAGER AND EACH KEY PERSONNEL ASSIGNED TO THIS PROJECT. 6. WHAT OTHER NAME(S) HAS YOUR COMPANY OPERATED UNDER: 7. HAVE YOU OR YOUR FIRM EVER FAILED TO COMPLETE ANY WORK AWARDED TO YOU? YES NO IF “YES”, EXPLAIN: 8. HAS ANY OFFICER OR PARTNER OF YOUR ORGANIZATION EVER BEEN AN OFFICER OR PARTNER OF ANOTHER ORGANIZATION THAT FAILED TO COMPLETE A CONTRACT WITHIN THE LAST FIVE YEARS? YES NO IF “YES”, EXPLAIN: ---PAGE BREAK--- 56 Jackson Creek Parkway Widening RFP YR-NMBR QUALIFICATION STATEMENT – PAGE 2 9. HAS YOUR FIRM OR ANY PARTNERS OR OFFICERS EVER BEEN INVOLVED IN ANY BANKRUPTCY ACTION? YES NO IF “YES”, EXPLAIN: 10. ARE YOU PRESENTLY INVOLVED IN ANY LITIGATION WITH ANY GOVERNMENT AGENCY? YES NO IF “YES”, EXPLAIN TYPE, KIND, PLAINTIFF, DEFENDANT, ETC., AND STATE THE CURRENT STATUS: 11. BANK REFERENCE: ADDRESS: CONTACT: PHONE: 12. LIST THREE SIMILAR PROJECTS (LOCAL OR STATE-WIDE) FROM LAST FIVE YEARS-INCLUDE LOCATION OF PROJECT, SIZE OF PROJECT (CONTRACT AMOUNT), CONTACT NAME, ADDRESS, TELEPHONE NUMBERS NOTE: DETAILED INFORMATION ON THESE PROJECTS MAY ALSO BE REQUESTED IN THE RFP PACKAGE. 1. Location of Project: Size of Project: Contract Amount: Contact Name and Title: Contract Address: Contact telephone and FAX Numbers: 2. Location of Project: Size of Project: Contract Amount: Contact Name: Contact Address: Contact telephone and FAX Numbers: 3. Location of Project: Size of Project: Contract Amount: Contact Name: Contact Address: Contact telephone and FAX Numbers: 13. LIST CURRENT SIMILAR PROJECTS (LOCAL OR STATE-WIDE) UNDER CONTRACT- INCLUDE LOCATION OF PROJECT, SIZE OF PROJECT (CONTRACT AMOUNT) CONTACT NAME, ADDRESS, TELEPHONE NUMBERS. NOTE: DETAILED INFORMATION ON THESE PROJECTS MAY ALSO BE REQUESTED IN THE RFP PACKAGE. 1. Location of Project: Size of Project: ---PAGE BREAK--- 57 Jackson Creek Parkway Widening Contract Amount: Contact Name and Title: Contact Address: Contact telephone and FAX Numbers: 2. Location of Project: Size of Project: Contract Amount: Contact Name and Title: Contact Address: Contact telephone and FAX Numbers: 3. Location of Project: Size of Project: Contract Amount: Contact Name and Title: Contact Address: Contact telephone and FAX Numbers: 14. LIST OF SUB-CONTRACTORS TO BE USED FOR THIS PROJECT: (INCLUDE NAME, ADDRESS, TELEPHONE NUMBER, TYPE OF WORK) 1. Name: Address: Telephone Number: Type of Work: 2. Name: Address: Telephone Number: Type of Work: 3. Name: Address: Telephone Number: Type of Work: IF ADDITIONAL INFORMATION IS PROVIDED ON A SEPARATE SHEET FOR ANY OF THE ITEMS, CLEARLY SPECIFY WHERE IT CAN BE LOCATED IN YOUR PROPOSAL PACKAGE. ---PAGE BREAK--- 58 Jackson Creek Parkway Widening EXHIBIT 7 – EVALUATION SCORESHEET PROPOSAL EVALUATION SCORE SHEET SOLICITATION NUMBER AND TITLE: Proposer’s Name: Evaluator’s Name: RFP EVALUATION CRITERIA DESCRIPTION SCORE 1. EXPERTISE AND QUALIFICATIONS AREA In this section, the Offeror must demonstrate that it meets and/or exceeds all requirements regarding expertise and qualifications of personnel proposed to complete the work defined in the Statement of Work/Scope of Services of this RFP. Qualifications of personnel are considered of the essence of the services provided. Therefore, the Offeror must provide information on Key Personnel who will be the personnel performing the consulting services. A. Relevant Experience In the Expertise and Qualifications Area, the Offeror should provide at least three references or identify contracts demonstrating that it successfully provided services/products that are the same or similar to those required in the RFP. The proposal should adequately explain the successful outcomes of the projects. It is highly recommended that the Offeror provide sufficient content and detail to describe the following. Prior Experience (40 points) Provide examples of the Project Team’s prior experience that incorporated the following elements: 1. Geometric design, traffic design, 2. Drainage 3. Structural components. 4. Report development such as NEPA and Categorical Exclusions. 5. Survey legal descriptions for easement acquisition Discuss accomplishments on prior projects and how prior experience would add value to this project. Rating: B. Key Personnel ---PAGE BREAK--- 59 Jackson Creek Parkway Widening In the Expertise and Qualifications Area, project experience must be provided for all personnel who would be performing work on the resultant Contract. It is highly recommended that the Offeror provide sufficient detail on content below. Explain how the key personnel will be involved with the projects cited as relevant past performance. 3. Project Management (10 Points) a. Project Manager technical experience b. Project Manager experience with Federal, State and Local Requirements c. Approach to QA/QC 4. Project Team (10 points) a. Description of project team with Org Chart b. Team member availability (table format). Resumes may also be provided in the appendix of the proposal. Resumes do not count toward the page limit. Rating: C. Approach to design and construction phasing (20 Points) Rating: D. Approach with Stakeholders (10 Points) Rating: 2. PROPOSAL PRESENTATION Presentation is an important factor. Offerors should provide a highly professional product, which is complete, accurate, easily understood, and effectively presented. COMMENTS: Rating: Evaluation Factor: 1 Proposal Presentation Area Evaluation Score (Multiply the Total Proposal Presentation Area score by the evaluation factor): 1 LOCATION BONUS (IF APPLICABLE) N/A Total Bonus Points for location: N/A EXCEPTIONS PROPOSED What (if any) exceptions (redlines to our terms and conditions) were proposed? Are they acceptable? COMMENTS: Pass/Fail INSURANCE REQUIREMENTS Does the Offeror meet all insurance requirements? Pass/Fail ---PAGE BREAK--- 60 Jackson Creek Parkway Widening TOTAL SCORE – Add Evaluation Scores from Sections 1-4 and location bonus (if applicable). The sum is the total score. Total Score: Overall Proposal Overall Proposal Weaknesses: