request for proposal - colorado...addition, proposers must supply an electronic copy of the proposal...

Central City, Colorado 2019-CD-03

REQUEST FOR PROPOSAL RFP

Community Development

Trails Master Plan

RFP 2019-CD-03

For

Central City Colorado


PROPOSAL INSTRUCTIONS Trails Master Plan

RFP 2019-CD-03

The City of Central, Colorado was awarded a Great Outdoors Colorado (GOCO) planning grant to complete a Trails Master Plan (Plan). Central City is soliciting written sealed proposals from qualified firms to complete the Plan. The Plan will address potential trail development for an intra-city trail network, trail connections to neighboring trail networks, and additional outdoor recreational opportunities. The Plan will focus on the community’s priorities and potential for trails and other outdoor recreational opportunities as well as incorporate a phased approach for implementation, possible future funding streams, and long-term maintenance considerations. This Plan will shape how the City will develop a trail network and outdoor recreation opportunities within the City. To be eligible for consideration, the proposer must be capable of supplying the Services as noted herein, and must also meet all other criteria outlined in this Proposal.

INQUIRIES AND CORRECTIONS All inquiries relating to this request shall be addressed in writing to: City of Central Lisa Roemhildt, Main Street Liaison 141 Nevada Street PO Box 249 Central City, CO 80427 [email protected] If a proposer finds discrepancies in or omissions from the Request for Proposal (RFP), or

should require additional clarification of any part thereof, a written request for interpretation shall be submitted to the City contact at the e-mail address shown above. Any interpretation of, or change made to, the RFP will be made by written addendum to each proposer, and shall become part of any contract awarded. The City will not be responsible for the accuracy of any oral explanations, interpretations or representations. It shall be the responsibility of each proposer to verify that every addendum has been received prior to submitting proposals.

The City of Central is an Equal Opportunity Employer and no otherwise qualified individual shall be subject to discrimination on the basis of race, color, religion, creed, national origin, ancestry, sex, age, sexual orientation (incl. transgender status), physical or mental disability, marriage to a co-worker and retaliation for engaging in protected activity (opposing a discriminatory practice or participating in an employment discrimination proceeding) in any phase of employment for this position. Further, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u (Section 3) which states that employment and other economic opportunities generated by HUD

mailto:[email protected]


assistance shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

MANDATORY PRE-PROPOSAL CONFERENCE A mandatory pre-proposal conference concerning this project will be held at the Central City Hall, located at 141 Nevada Street, Central City, Colorado on Thursday, December 5, 2019, at 11:00 a.m.

The purpose of this conference is to allow proposers which may submit a proposal an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all proposers having a clear understanding of the scope of the work and requirements of this solicitation a proposer must be in attendance during the entire pre-proposal conference in order to submit a proposal.

ATTENDANCE AT THIS PRE-PROPOSAL CONFERENCE IS MANDATORY AND A PREREQUISITE FOR SUBMITTING A PROPOSAL.

Proposals will only be accepted from those proposers which are represented at this mandatory pre-proposal conference. Attendance at the conference will be evidenced by identification of the proposer and the signature of the proposer’s representative on the attendance roster. The representative of each proposer attending is expected to bring a copy of the solicitation documents and a written copy of any questions to the conference. Any changes resulting from this conference will be issued in a written addendum to the solicitation. No two proposers may be represented by the same person or entity. No person or entity may later submit a proposal on behalf of a proposer which the person or entity did not represent at the pre-proposal conference. Last date for questions submittal shall be Wednesday, December 11, 2019 by 12:00 - noon. All questions shall be submitted in writing via e-mail to [email protected] or presented at the pre-proposal conference. Central City will provide responses to all submitted questions by December 16, 2019, COB to provide review time prior to final submission.

SUBMITTAL DATE, LOCATION AND OPENING

All proposals must be received by the City of Central, 141 Nevada Street (US Mail P.O. Box 249) Central City, Colorado 80427, prior to 12:00 - noon, MST, OUR CLOCK, FRIDAY,

DECEMBER 20, 2019. Proposals must be submitted in a sealed envelope plainly marked (three hard copies and one electronic copy on USB drive): "Request for Proposals" RFP 2019-CD-03 and addressed to the Community Development Department.

LATE AND TELEGRAPHIC PROPOSALS Late proposals will not be accepted under any circumstance, and any proposal so received shall be returned to the proposer unopened. In addition, telegraphic, facsimile and/or proposals sent by electronic devices are not acceptable and will be rejected upon receipt.

mailto:[email protected]


Proposers will be expected to allow adequate time for delivery of their proposals either by airfreight, postal service, or other means. PROPRIETARY INFORMATION All information included in any proposal that is of a proprietary nature must be clearly marked as such. The City of Central shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposer. In general, it is not acceptable to the City, to mark information other than financial data proprietary without the City Manager or his designee's written authorization. Failure to adhere to this restriction could result in rejection of the entire proposal. DEFINITION, CONTEXT AND GENDER

Unless otherwise specified in this document, all words shall have a common meaning unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words of the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.

CONDITIONS OF PROPOSAL SUBMITTAL

A. All proposers shall comply with all conditions, requirements, and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal.

B. The proposal must be signed by a duly authorized official of the proposer submitting

the proposal. Each proposer submitting must be registered to do business in the State of Colorado and be in good standing with State filing requirements.

C. No proposal will be accepted from any person, firm or corporation that is in arrears

for any obligation to the City, or that otherwise may be deemed irresponsible or unresponsive by City staff or City Council.

D. Only one proposal will be accepted from any person, firm or corporation. E. All prices quoted must be firm for a period of ninety (90) days following the opening

of the proposal. F. The City of Central, Colorado reserves the right to reject any and all proposals or any

part thereof. The right is reserved to waive any formalities or informalities contained in any proposal, and to award the proposal to the most responsive and responsible proposer as deemed in the best interest of the City of Central.

G. All proposals shall be prepared in a comprehensive manner as to content, but no

necessity exists for expensive binders or promotional material. H. All costs, including travel and expenses, incurred in the preparation and submittal of

this proposal shall be borne solely by the proposer.


I. Section 4-9-40 Purchasing policy of the Central City Municipal Code prohibits the City from entering into any contracts over $25,001 without a formal procurement process involving a sealed competitive bidding process.

J. The City reserves the right to negotiate final terms with the selected proposer

that may vary from those contained in this document. K. The City reserves the right to request additional information from any

respondent after the submission deadline as necessary to complete the evaluation process.

L. The City reserves the right to request a client list from proposers, for the purpose of

determining potential conflicts of interest. Said list shall be considered proprietary. M. One (1) original, clearly marked, and two (2) copies of the reply must be provided. In

addition, proposers must supply an electronic copy of the proposal on a USB drive. Each proposal reply must be bound separately. Binding may be by ring binding or in a three-ring binder, suitable for easy duplication, with the original clearly marked. A single three-ring binder divided into sections by labeled tab index sheets will be sufficient. All attachments that are not included in the binder should be clearly labeled according to the sections and titles provided herein. The proposal should also be paginated by major section.

N. If erasures or other changes appear on the proposal forms, the person signing the

proposal must initial each erasure or change. O. The proposal number shall appear on any technical data or other information

furnished with this proposal. P. The City will not return proposals, or other information supplied to the City, to the

proposers. Q. The City has been awarded a grant through the Great Outdoors Colorado (GOCO)

program, which will partially fund the provision of eligible services and deliverables by the selected proposer(s). Therefore, the selected proposer(s) must comply with applicable requirements and deadlines related to the grant award, if any.

EVALUATION OF PROPOSALS The proposer’s submittal should be concise and complete, covering all items identified, emphasizing an understanding of the project and the resources to perform the intended work.

A project committee will evaluate all proposals. Proposals shall be evaluated on the basis of the Evaluation Criteria noted herein. The committee may make a selection on the basis of the proposals received, or may choose to "short list" proposers for further negotiations. The proposer selected for the award will be chosen on the basis of the apparent greatest benefit to the City, and not necessarily on the basis of lowest price. Individual interviews may be required for the top proposers who have submitted the required information.


The City’s review of Proposals will focus in general on the expertise, experience and

understanding of the project as evidenced by the project team.

EVALUATION CRITERIA

Proposals shall be evaluated on the basis of the following criteria:

A. Responsiveness to the needs of the City, both in timeliness and in relation to the scope of services offered. 20%

B. Expertise and qualifications of the proposer and its experience in dealing with

municipal governments in projects of similar size, scope and nature. 20% C. The degree to which the proposal meets or exceeds the terms of the Request for

Proposal. 20%

D. Results of reference checks and past performance for other clients. 10%

E. The proposer's fee structure based on the Services to be provided. 5% F. Geographic location of the office performing the work relative to the City. 5% G. Addressing the specific needs identified in the RFP. 20% BACKGROUND Central City, founded in 1859 is located approximately 35 miles west of Denver in both Gilpin and Clear Creek Counties and is the county seat of Gilpin County. There is an estimated population of 736, with a direct connection to I-70 via the Central City (Casino) Parkway exit 243. Total annual visitor traffic is estimated at over 720,000 vehicles primarily drawn to visit our six casinos, National Historic Landmark District, other local businesses or area attractions. There is a total of 22 city employees serving the needs of the public. Central City is requesting a Trails Master Plan in order to address community challenges with connectivity, economic diversification, and the outdoor recreation gap. This Plan will shape how the City will develop a trail network and outdoor recreation opportunities within the City. Central City has an average elevation of 8,496 feet with many steep grades ranging from 7,320 feet at I-70 to nearly 9,000 feet at some of the highest points in the city. While the significant elevation change contributes to the unique geography, it poses challenges to connectivity for residential areas such as Prospectors Run and Gold Mountain Village Apartments. These residential areas lack walkable access to the downtown core. The current economy is primarily based on gaming resulting in a high concentration of casinos and many frequent visitors that travel in and out of the community regularly. The


community is approximately 90% dependent on the gaming industry as they are a major employer and revenue generator. However, due to the City’s proximity to a neighboring gaming city, most of the gaming industry and revenue generated is associated there. Although the high concentration of gaming attracts frequent visitors, this industry has challenged economic diversification. This reality has left the City with a downtown vacancy rate of approximately 40% and the necessity to pivot away from gaming alone and to embrace the city’s roots in outdoor recreation, historic tourism, art, and entertainment. While the City has a number of opportunities for trail development, the community lacks a formal trail system limiting outdoor recreational activities for residents and visitors. The community has expressed interest in two initial trails including a trail from our downtown corridor to the Chase Gulch Reservoir west of the city and a trail connecting to Black Hawk’s trail network. Additional trail opportunities may include trails along the historic railway lines (Gilpin Tramway and Colorado & Southern), connections to the City’s existing parks – William Russell Jr. Park and Lions Park, and connections to surrounding networks including Black Hawk, Idaho Springs, and other public lands. All necessary staffing, management, materials, equipment and supplies shall be provided by the selected proposer to complete the identified services unless otherwise specified in the City Staff Role under the Scope of Work.

PROPOSED PROJECT DESCRIPTION The selected proposer will take the lead with City of Central staff in the process to complete a Trails Master Plan (Plan) that will address potential trail development for an intra-city trail network, trail connections to neighboring trail networks, and additional outdoor recreational opportunities. SCOPE OF WORK A. Role of Selected Proposer: Project Management The selected proposer will be responsible for facilitation, coordination, technical and project management services for the duration of the Trails Master Plan project. The plan content at a minimum shall be the materials outlined within this RFP. Public Participation The selected proposer will be responsible for designing a public participation strategy in coordination with the City and executing the process. The selected proposer will take the lead role in most public forums, workshops, meetings, and hearings, as coordinated and supported by City staff. Trails Master Plan The selected proposer shall use a comprehensive and inclusive public process during preparation of the proposed trails master plan including hosting public meetings, workshops, and issuing a public opinion survey. The Trails Master plan should analyze current trail and outdoor recreation opportunities, identify potential trail and outdoor recreation development opportunities, and explore the public’s priorities and interests.


The selected proposer shall prepare a draft plan and implementation strategy, utilizing information provided through community and staff analysis processes for final review and adoption by the City Council. B. Deliverables: The following section describes the specific minimum components which should be delivered upon the completion of the project. City staff will finalize the scope of work with the selected proposer prior to contract authorization. The City is open to suggestions other than those items listed which the proposer believes will be of value in producing a viable Trails Master Plan. The selected proposer will provide any GIS map overlays to Digital Data Services, Inc., Central City’s GIS Contractor, and 4 hard copies and one electronic copy of the final Trails Master Plan to the City of Central. The Trails Master Plan is expected to be completed within six (6) months.

1) A public participation plan shall include:

a. Opinion survey;

b. Project Steering Committee meetings (minimum of 4);

c. Public Workshops with key stakeholders and the general public (minimum of 2 sessions);

d. Public meetings or events including, but not limited to City Council Public Hearings, Planning Commission meetings, or city-wide events (up to 2).

2) The Master Trails Plan shall include:

The Trails Master Plan should, at a minimum, include these key elements in a way that will make the plan specific and tailored to the needs of the City of Central. Proposers are encouraged to propose any other elements for our consideration in the proposal that may make the plan more effective.

a. Site analysis including site research, visits, and analysis of findings;

b. Community engagement including opinion survey, project steering committee

meetings, public workshops, and public meetings/event presence;

c. Preliminary trail plan including initial assessment of trails and outdoor recreation including GIS mapping and GIS coordinates;

d. Master plan preparation including vision and goals, alignments and descriptions for

recommended trail projects, trails standards, and cost estimating; and

e. Implementation matrix following a phased approach of priority projects, estimated costs, maintenance plan and associated maintenance costs, and responsibilities.


Final and draft documents shall be provided in the following forms: a. Web ready graphics, maps and documents in draft and final formats for online access

and comment;

b. All final maps and overlays must be able to be maintained and manipulated using ArcGIS. Files should be ESRI shapefile or geodatabase format using NAD_1983-StatePlane_Colorado_Central_FIPS_0502_Feet coordinate system;

c. All draft and final text portions of the plan shall be provided in Microsoft Word; and

d. All text and maps shall be provided in Adobe PDF format for each draft and final copy of the Plan.

C. City Staff Role: The City staff will designate a lead that will provide a strong supporting role to the selected proposer in a variety of ways. City staff will actively engage in this process to maximize the time and engagement of the selected proposer in its area of expertise.

1) Information gathering/data collection to aid the selected proposer;

2) Coordination with other City departments or outside agencies;

3) Coordination or facilitation, as needed, or any supplementary public feedback as identified through the process (workshops or other feedback tools);

4) Assistance with the identification of stakeholders, public events, and groups that may be solicited for input during the public participation process;

5) Personnel support for public workshops, or interviews as needed by the selected proposer;

6) Organization and administration of all public meetings; including agenda development/posting, item preparation, and distribution of materials;

7) Publication of public notices;

8) Printing of any supporting materials, packets, maps (large and small format) for the public or meetings; and

9) Coordination and involvement of City staff, such as the City Manager, and Department Heads to provide review, feedback, or expertise supporting the selected proposer’s activities, information gathering, and plan development.


GENERAL INSTRUCTIONS Proposals should focus on the qualifications and experience of the proposer. A short list of proposers may be developed based upon the proposals submitted. Those on the short list may be invited to interview. Proposals will be rated on the overall value added into the proposals along with the specific scoring points outlined in this RFP. Each Proposal shall have a dividing tab with a corresponding letter as the response format. For example, response shall read dividing TAB B: Project Understanding; then followed by the corresponding documents. Each tab shall be clearly marked. Proposals should consist of no more than twenty (20) pages of text (not including figures, resumes, or preprinted project descriptions) and shall include the following, and in the order given: A. Letter of Interest: Provide a letter stating the proposer’s interest in and

understanding of the scope of this project. The letter must be signed by an authorized agent for the proposer. Insert the completed Proposal Signature page in this section.

B. Project Understanding: Provide your understanding of the project and the key

issues involved including the public process. C. Project Approach: Demonstrate your approach to the proposed project. Include

how you will resolve problems.

D. Capabilities and Experience: Provide specific information regarding your experience and capabilities on similar projects or related services. Focus, to the greatest extent possible, on your past or present experience with projects similar to the scope of this project. Include experience with other past projects for the City of Central which would be of benefit to this project. Provide a summary of the proposer’s local in-house capabilities in all planning disciplines that may be required for this project. Provide resumes for key personnel working on the project.

E. References: Provide at least five (5) client references (including contact person and

phone number) for projects that are similar to the proposed project and best demonstrate your ability to complete the proposed project successfully.

F. Fee Schedule: The fee schedule is part of this proposal and shall be submitted with

the RFP documents. The schedule shall contain a per hour charge for all work as required. The hourly charge shall include all personnel/positions that will participate in the reviewing process.

G. Contact Person: The City desires to work with one point of contact for the selected proposer. The Project Manager shall be one individual that shall have the responsibility for overall project communication, meeting attendance, as well as all other requirements as set forth in the RFP.


I. CONTRACT The selected proposer will be required to enter into and execute a Services Agreement in a form approved by the City Attorney. The City’s standard form Services Agreement is attached to this RFP. No modifications of the contract language will be allowed.

II. INSURANCE The selected proposer will be required to furnish a Certificate of Insurance including Professional Liability with the City named as Additionally Insured. A. The selected proposer shall agree to procure and maintain in full force and

effect during the term of the Agreement, at its own cost, the following coverages:

1. Worker’s Compensation Insurance in the minimum amount required by

applicable law for all employees and other persons as may be required by law. Such policy of insurance shall be endorsed to include the City as a Certificate Holder.

2. Comprehensive General Liability insurance with minimum combined single

limits One Million Dollars ($1,000,000.00) each occurrence and of Two Million Dollars ($2,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the selected proposer. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the City as Certificate Holder and name the City, and its elected officials, officers, employees and agents as additional insured parties.

3. Comprehensive Automobile Liability insurance with minimum combined

single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000.00) each occurrence with respect to each of the selected proposer’s owned, hired and non-owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Services, both on the work site and off the work site, and such coverage shall include non-ownership and hired cars coverage. Such insurance shall be endorsed to name the City as Certificate Holder and name the City, and its elected officials, officers, employees and agents as additional insured parties.

4. Professional Liability (errors and omissions) Insurance with a minimum limit

of coverage of One Million Dollars ($1,000,000.00) per claim and annual aggregate. Such policy of insurance shall be obtained and maintained for one (1) year following completion of all Services under this Agreement.


Such policy of insurance shall be endorsed to include the City as a Certificate Holder.

B. If approved by the City of Central prior to the commencement of any work or

services under this Agreement, evidence of qualified self-insured status may be substituted for one or more of the foregoing insurance coverages.

C. The selected proposer shall procure and maintain the minimum insurance

coverages listed herein. Such coverages shall be procured and maintained with forms and insurers acceptable to the City of Central. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the selected proposer in connection with providing any work or services under this Agreement. In the case of any claims made, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

D. A Certificate of Insurance shall be completed by the selected proposer's insurance

agent(s) as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the City of Central prior to commencement of any work or services under this Agreement. The Certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated, diminished or materially changed until at least thirty (30) days prior written notice has been given to the City of Central. The completed Certificate of Insurance shall be sent to:

City of Central Community Development Department

PO Box 249 Central City, CO 80427

E. Failure on the part of the selected proposers to procure or maintain policies

providing the required coverages, conditions, and minimum limits shall constitute a Material Breach of Contract upon which the City of Central may immediately terminate this Agreement, or at its discretion the City of Central may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City of Central shall be repaid by the selected proposer to the City of Central upon demand, or the City of Central may offset the cost of the premiums against any monies due to the selected proposer from the City of Central.

F. The City of Central reserves the right to request and receive a certified copy of

any policy and any endorsement thereto. The selected proposer agrees to execute any and all documents necessary to allow the City of Central access to any and all insurance policies and endorsements pertaining to this particular Project.


G. The parties hereto understand and agree that the City of Central, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to the City of Central, its officers or its employees.

H. The selected proposer shall also cause the City to be named as an Additional

Insured party entitled to coverage under such policy or policies of insurance, and for that purpose the selected proposer shall obtain and maintain, or cause to be obtained and maintained, any and all necessary policy endorsements, additional coverage documents, or other instruments or Certificates, such as will provide such insurance coverage to the City at all times during the selected proposer’s performance of the Project.

I. All Certificates of Insurance shall be submitted on an Acord 25-S form. COMPLIANCE WITH LAWS – FEDERAL, STATE, LOCAL The selected proposer shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the City of Central; for payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals. GOVERNING LAW The laws of the State of Colorado shall govern any contract executed between the selected proposer and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Gilpin, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the State of Colorado, and more specifically, Gilpin County, Colorado. NON-DISCRIMINATION During the performance of this Contract, the selected proposer shall not discriminate unlawfully against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, age, marital status, or public assistance status with regard to, but not limited to, the following: employee practices, rates of pay or other compensation methods and training sessions.

COMPLIANCE WITH IMMIGRATION LAWS A selected proposer performing work for the City will be required to certify that it:

a. Does not knowingly employ or contract with undocumented workers or illegal aliens;

b. Will verify the immigration status of newly hired employees who will perform on the public contract for services with the City, whether located in the State of Colorado or elsewhere in the United States; and

c. No persons will be newly hired whose immigration status has not been verified.


KEY DATES:

Date Time

Advertise Date November 18, 2019

Mandatory Pre-Proposal Conference

December 5, 2019 11:00 AM

Last Date for Questions December 11, 2019 Noon

Published response to Questions December 16, 2019 5:00 PM

Addendum (if required) December 16, 2019 5:00 PM

Submittal Date December 20, 2019 Noon

Anticipated Short List Interviews On or before January 10, 2020

Anticipated Award January 17, 2020

Anticipated Notice of Award January 27, 2020

Anticipated Notice to Proceed* February 10, 2020

Plan Completion Not to Exceed September 30, 2020

5:00 PM

To guarantee receipt of all questions it is highly recommended that the RFP/Project number and the name of the RFP/Project be entered into the subject line of all emails and fax transmittals.

*Anticipated Notice to Proceed date listed above is dependent on the completion of the Services Agreement, the receipt of the required Certificate of Insurance and the receipt of a completed Certificate of Compliance from the selected proposer.


ATTACHMENT A

PROPOSAL SIGNATURE PAGE

Trails Master Plan Application Review and Consulting

RFP 2019 –CD – 03

WE THE UNDERSIGNED HEREBY ACKNOWLEDGE RECEIPT OF: Addenda # __________ Issue Date ________ Addenda # __________ Issue Date ________ Addenda # __________ Issue Date ________

__________________________________________________ _____________________________________________

FIRM NAME (Complete) FEDERAL TAX ID NUMBER

____________________________________ ___________________________________ PRESIDENT (Name typed) AUTHORIZED SIGNATURE

____________________________________ ___________________________________ ADDRESS TELEPHONE WITH AREA CODE

____________________________________ ___________________________________ CITY, STATE, ZIP CODE FAX NUMBER

_____________________________________ __________________________________ E-MAIL ADDRESS DATE

_____________________________________ __________________________________ LIST STATE OF INCORPORATION Certificate Number

_____________________________________ ___________________________________ PROPOSER CONTACT PERSON (if different from above) PHONE NUMBER FOR CONTACT PERSON

__________________________________________ E-MAIL FOR CONTACT PERSON (if different from above)

This page shall be completed and returned in the RFP.

Please enter complete and accurate information above - all information entered will be used for contract/agreement document preparation.

ATTACHMENT B CERTIFICATION OF COMPLIANCE RE:

COMPLIANCE WITH IMMIGRATION LAWS

The undersigned, for and on behalf of the Proposer, does hereby certify: _____ 1. The undersigned is familiar with the employment practices of the Proposer. _____ 2. At the time of this certification, the Proposer does not knowingly employ or contract with

undocumented workers or illegal aliens. _____ 3. The Proposer has executed a Memorandum of Understanding with the Social Security

Administration and Department of Homeland Security for participation in the Basic Pilot Program for the verification of immigration status of newly hired employees.

IN THE ALTERNATIVE:

_____ 4. The Proposer has participated in the State of Colorado Department of Labor and

Employment Program and will comply with all requirements thereof. _____ 5. The Proposer verifies the immigration status of employees in the following manner: ________________________________________________________________________ _____ 6. No persons will be hired whose immigration status has not been verified. PROPOSER: By: ___________________________________________ Printed Name: _________________________________ Title: _________________________________________ Date: _________________________________________ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ STATE OF COLORADO ) ) ss. COUNTY OF ____________ ) The above Certificate of Compliance was acknowledged before me this __ day of ___________, 20___ by _________________ as the ____________________ of _________________________, a ____________________________. Witness my hand and official seal. My commission expires: ____________________

________________________________ Notary Public

ATTACHMENT C FORM SERVICES AGREEMENT

SERVICES AGREEMENT

FOR THE FOLLOWING PROJECT:

___________________________________________________

THIS SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date of mutual

execution of the Parties (“Effective Date”), by and between the CITY OF CENTRAL CITY, a Colorado

home rule municipal corporation (the “City”), and _____________________, a ___________________

with offices at _____________________________ (the “Contractor”). The City and the Contractor may be

collectively referred to as the “Parties” and each individually as “Party”.

RECITALS AND REPRESENTATIONS:

WHEREAS, the City desires to obtain the services of the Contractor to provide

_________________________________ (the “Project”); and

WHEREAS, the Contractor submitted a bid to the City, dated _____________________ (“Proposal”), to

complete the Project; and

WHEREAS, the City desires to engage the Contractor to provide the services described in this Agreement

subject to the terms and conditions of the Agreement.

NOW, THEREFORE, in consideration of the terms and conditions contained herein and other good and

valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is mutually agreed

by and between the Parties as follows:

1. LINE OF AUTHORITY: The City Manager or his designee (the “City Authorized Representative”) is

designated as the City Authorized Representative for the purpose of administering, coordinating, and

approving the work performed by the Contractor under this Agreement. For purposes of this Agreement,

the Contractor’s designated representative is Gary Cahill or his designee (the “Contractor Authorized

Representative”).

2. SCOPE OF SERVICES: Contractor shall perform all services described in the Proposal, incorporated

herein by this reference and attached as Exhibit A to this Agreement (the “Services” or “Scope of

Services”). The Contractor shall perform the Services diligently and professionally and in a manner

satisfactory to the City Authorized Representative. As set forth in Section 3, below, it is currently

anticipated that the Contractor will complete the Services within two (2) months of the Effective Date.

The City may, from time to time, request changes to the Scope of Services to be performed hereunder. If

agreed to by both Parties, Contractor will, within a reasonable time period, provide to the City in writing a

price and modification to services for the proposed addition to Services. Such changes, including any

increase or decrease in the amount of the Contractor’s compensation, when mutually agreed upon between

the City and Contractor, shall become an amendment to and part of this Agreement, provided any such

change is in writing and signed by the City Authorized Representative and by the Contractor Authorized

Representative.

If Contractor proceeds without such written change authorization, then the Contractor shall be deemed to

have waived any claim for additional compensation, including a claim based on the theory of unjust

enrichment, quantum meruit or implied contract. Except as expressly provided herein, no agent, employee

or representative of the City shall have the authority to enter into any changes or modifications, either

directly or by implied by a course of action, relating to the terms and scope of this Agreement. If Contractor

performs any work beyond the Services described in Exhibit A, it does so at its own risk.

Whenever the terms of the Scope of Services conflict with, or propose different terms than the terms of this

Agreement, the provisions of this Agreement shall expressly control.

3. COMPENSATION FOR SERVICES: In consideration for the provision of Services described in

Exhibit A, the City agrees to compensate the Contractor based on the following:

a. In consideration for the completion of the Services specified herein by Contractor, the City shall

pay Contractor on a time and materials basis in accordance with the hourly fee set forth in Exhibit

A. Except as may be agreed upon by the City and Contractor through written change orders as

described in Section 2 above, in no event shall the total fees and expenses paid to Contractor under

this Agreement exceed _______________________ ($_____________________) (the “Not to

Exceed Figure”). The City and Contractor may mutually agree, however, to modify or amend the

Scope of Services, in which case the Contractor and City may amend this Agreement to include

such additional services and compensation based on the agreed upon fee for such additional

services.

b. Contractor’s invoices shall be in a format acceptable to the City, shall be supported by

information in such detail as may be required by the City and shall be sufficient to substantiate that

the Contractor has performed the Services described in Exhibit A. With each invoice, to the extent

possible, the Contractor shall submit an activity service report detailing the Services provided in

accordance with Exhibit A. The City may withhold payment for work which is not completed as

scheduled, or which is completed unsatisfactorily, until completed satisfactorily and may deny

payment for such work upon termination by the Contractor.

c. Contractor understands and agrees that the Services are being funded in whole or in part by an

_______________________ Grant, No. ______________ (“Grant”) awarded to the City by the

__________________________. Contractor agrees to comply with all applicable provisions set

forth in the Grant Agreement for such Grant between the City and the State of Colorado.

4. TERM: It is mutually agreed by the Parties that the term of this Agreement shall commence as of the

Effective Date and terminate on ____________________ or on such date as all Services have been

completed and all payments have been made, whichever date is earlier. The Parties may mutually agree to

extend the term of this Agreement in writing.

5. CONFLICT OF INTEREST: The Contractor agrees that no official, officer or employee of the City

shall have any personal or beneficial interest whatsoever in the Services described herein, and the

Contractor further agrees not to hire, pay, or contract for services of any official, officer or employee of the

City. A conflict of interest shall include transactions, activities or conduct that would affect the judgment,

actions or work of the Contractor by placing the Contractor’s own interests, or the interest of any party with

whom the Contractor has a contractual arrangement, in conflict with those of the City.

6. INDEPENDENT CONTRACTOR: The Contractor shall perform the Services as an independent

contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint

venture, employer/employee or other relationship with the City other than as a contracting party and

independent Contractor. The City shall not be obligated to secure, and shall not provide, any insurance

coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees,

sub-Contractors, Contractors, agents, or representatives, including coverage or benefits related but not

limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA);

workers’ compensation; disability, injury, or health; professional liability insurance, errors and omissions

insurance; or retirement account contributions.

7. INDEMNIFICATION: The City cannot and by this Agreement does not agree to indemnify, hold

harmless, exonerate or assume the defense of the Contractor or any other person or entity whatsoever. The

Contractor shall defend, indemnify and hold harmless the City, its elected officials, officers, directors,

agents, and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature

whatsoever, in any way resulting from or arising from this Agreement; provided, however, that the

Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages

resulting from the negligence of City’s elected officials, officers, directors, agents, and employees.

Contractor’s defense, indemnification and insurance obligations shall be to the fullest extent permitted by

law and nothing in this Agreement shall be construed as requiring the Contractor to defend in litigation,

indemnify or insure the City against liability arising out of the death or bodily injury to person or damage

to property caused by the negligence or fault of the City or any third party under the control or supervision

of the City.

8. INSURANCE: The Contractor shall obtain and maintain the types, forms, and coverage(s) of insurance

deemed by the Contractor to be sufficient to meet or exceed the Contractor’s minimum statutory and legal

obligations arising under this Agreement, including the indemnification obligations set forth in Section 7.

At a minimum, Contractor shall maintain the following polices of insurance:

Worker’s Compensation Insurance in the minimum amount required by applicable

law for all employees and other persons as may be required by law. Such policy of

insurance shall be endorsed to include the City as a Certificate Holder.

Comprehensive General Liability insurance with minimum combined single limits

One Million Dollars ($1,000,000.00) each occurrence and of Two Million Dollars

($2,000,000.00) aggregate. The policy shall be applicable to all premises and all

operations of the Contractor. The policy shall include coverage for bodily injury,

broad form property damage (including completed operations), personal injury

(including coverage for contractual and employee acts), blanket contractual,

independent contractors, products, and completed operations. The policy shall

contain a severability of interests provision. Coverage shall be provided on an

“occurrence” basis as opposed to a “claims made” basis. Such insurance shall be

endorsed to name the City as Certificate Holder and name the City, and its elected

officials, officers, employees and agents as additional insured parties.

Comprehensive Automobile Liability insurance with minimum combined single

limits for bodily injury and property damage of not less than One Million Dollars

($1,000,000.00) each occurrence with respect to each of the Contractor’s owned,

hired and non-owned vehicles assigned to or used in performance of the Services.

The policy shall contain a severability of interests provision. Such insurance

coverage must extend to all levels of subcontractors. Such coverage must include

all automotive equipment used in the performance of the Services, both on the work

site and off the work site, and such coverage shall include non-ownership and hired

cars coverage. Such insurance shall be endorsed to name the City as Certificate

Holder and name the City, and its elected officials, officers, employees and agents

as additional insured parties.

Professional Liability (errors and omissions) Insurance with a minimum limit of

coverage of One Million Dollars ($1,000,000.00) per claim and annual aggregate.

Such policy of insurance shall be obtained and maintained for one (1) year following

completion of all Services under this Agreement. Such policy of insurance shall be

endorsed to include the City as a Certificate Holder.

All policies of insurance obtained by the Contractor shall provide that the insurer will give the City a

minimum of thirty (30) calendar days written notice prior to the cancellation or material modification of

any policy of insurance obtained to comply with this Section 8. The Contractor shall be solely responsible

for any insurance deductible. The Contractor’s failure to obtain and continuously maintain policies of

insurance in accordance with this Section shall not limit, prevent, preclude, excuse, or modify any liability,

claims, demands, or other obligations of the Contractor arising from performance or nonperformance of

this Agreement.

9. NO WAIVER OF GOVERNMENTAL IMMUNITY ACT: The Parties hereto understand and agree

that the City, its elected officials, directors, agents and employees, are relying on, and do not waive or

intend to waive by any provisions of this Agreement, the monetary limitations or any other rights,

immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101 et seq.,

C.R.S., as the same may be amended from time to time, or otherwise available to the City.

10. ASSIGNMENT: The Contractor covenants and agrees that it will not assign or transfer its rights

hereunder, either in whole or in part without the prior written approval of the City. Any attempt by the

Contractor to assign or transfer its rights hereunder shall, at the option of the City Authorized

Representative, void the assignment or automatically terminate this Agreement and all rights of the

Contractor hereunder.

11. TERMINATION: Should a party to this Agreement fail to materially perform in accordance with the

terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the

performing party first provides written notice to the non-performing party which notice shall specify the

non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-

performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely

cure the non-performance. For purpose of this Section 11, a “reasonable time” shall be not less than two

(2) business days. In the event of a failure to timely cure non-performance and upon the date of the resulting

termination for non-performance, the Contractor shall prepare a final accounting and final invoice of

charges for all performed but unpaid Services and authorized reimbursable expenses if any. Such final

accounting and final invoice shall be delivered to the City within fifteen (15) days of the effective date of

termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor

shall be submitted to or accepted by the City. Provided that notice of non-performance is provided in

accordance with this Section 11, nothing in this Section 11 shall prevent, preclude, or limit any claim or

action for default or breach of contract resulting from non-performance by a Party.

12. NOTICES: Notices concerning termination of this Agreement, notices of alleged or actual violations

of the terms or provisions of this Agreement, and all other notices shall be made as follows:

To the City: Central City

Attn: City Manager

141 Nevada Street

P.O. Box 249

Central City, CO 80427

With a copy to: Michow Cox & McAskin LLP

City Attorney for Central City

6530 S. Yosemite St., Ste. 200

Greenwood Village, CO 80111

To the Contractor:

With a copy to:

Said notices shall be delivered personally during normal business hours to the appropriate office above, or

by prepaid first class U.S. mail, via facsimile, or other method authorized in writing by the City Authorized

Representative and the Contractor Authorized Representative. Mailed notices shall be deemed effective

upon receipt or three (3) working days after the date of mailing, whichever is earlier. The Parties may from

time to time designate substitute addresses or persons where and to whom such notices are to be mailed or

delivered, but such substitutions shall not be effective until actual receipt of written notification.

13. NONDISCRIMINATION: In connection with the performance of Services under this Agreement, the

Contractor agrees not to refuse to hire, discharge, promote or demote, or to discriminate in matters of

compensation against any person otherwise qualified, solely because of race, color, religion, national origin,

gender, age, military status, sexual orientation, marital status, or physical or mental disability.

14. ILLEGAL ALIENS: Contractor shall not knowingly employ or contract with an illegal alien to

perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify

that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this

Agreement, Contractor certifies that it has verified, or attempted to verify, through participation in the basic

pilot program that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into

the basic pilot program, the Contractor shall apply to participate in the basic pilot program every three

months until the Contractor is accepted, or this Agreement had been completed, whichever is earlier. The

Contractor is prohibited from using the basic pilot program procedures to undertake pre-employment

screening of job applicants while this Agreement is being performed. If the Contractor obtains actual

knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts

with an illegal alien, the Contractor shall be required to notify the subcontractor and the City within three

(3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with an

illegal alien. The Contractor shall terminate the subcontract if the subcontractor does not stop employing

or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor’s

actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the

subcontractor provides information to establish that the subcontractor has not knowingly employed or

contracted with an illegal alien. The Contractor is required to comply with any reasonable request made by

the Department of Labor and Employment made in the course of an investigation undertaken to determine

compliance with this provision and applicable state law. If the Contractor violates this provision, the City

may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages

incurred by the City, notwithstanding any limitation on such damages provided by such Agreement.

15. GOVERNING LAW; VENUE: This Agreement shall be deemed to have been made in, and construed

in accordance with the laws of the State of Colorado. Venue for any action hereunder shall be in the District

Court, County of Gilpin, State of Colorado. The Contractor expressly waives the right to bring any action

in or to remove any action to any other jurisdiction, whether state or federal.

16. COMPLIANCE WITH ALL LAWS AND REGULATIONS: All of the Services performed under

this Agreement by the Contractor shall comply with all applicable laws, rules, regulations and codes of the

United States and the State of Colorado. The Contractor shall also comply with all applicable ordinances,

regulations, and resolutions of the City and shall commit no trespass on any public or private property in

the performance of any of the Services identified in this Agreement.

17. SEVERABLITY: In the event any of the provisions of this Agreement are held to be unenforceable or

invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected,

provided that the remaining provisions without the invalidated provisions are consistent with the Parties’

intent. Should either party fail to enforce a specific term of this Agreement it shall not be a waiver of a

subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and

conditions contained herein.

18. NO THIRD-PARTY BENEFICIARIES: The enforcement of the terms and conditions of this

Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the City and

the Contractor, and nothing contained in this Agreement shall give or allow any such claim or right of action

by any other or third person under such Agreement.

19. HEADINGS; RECITALS: The headings contained in this Agreement are for reference purposes only

and shall not in any way affect the meaning or interpretation of this Agreement. The Recitals to this

Agreement are incorporated herein.

20. ENTIRE AGREEMENT: The Parties acknowledge and agree that the provisions contained herein

constitute the entire agreement and that all representations made by any elected official, officer, director,

agent or employee of the respective parties unless included herein are null and void and of no effect. No

alterations, amendments, changes or modifications to this Agreement, except those which are expressly

reserved herein to the City Authorized Representative and/or the Contractor Authorized Representative,

shall be valid unless they are contained in writing and executed by all the Parties with the same formality

as this Agreement.

21. FORCE MAJEURE: Neither Party shall be liable for damages, delays, or failure to perform its

obligations under this Agreement if performance is made impractical or impossible, or unpredictably and

abnormally difficult or costly, as a result of any unforeseen occurrence, including but not limited to fire,

flood, acts of God, civil unrest, failure of a third party to cooperate in providing services other than

Contractor’s subcontractors, or other occurrences beyond the reasonable control of the party invoking this

Force Majeure clause. The Party invoking this Force Majeure clause shall notify the other Party

immediately by verbal communication and in writing of the nature and extent of the contingency within

five (5) business days after its occurrence or discovery of its occurrence, and shall take reasonable measures

to litigate any impact of the event that triggered the invoking of this Force Majeure clause. If the Force

Majeure event shall impact schedule or increase the costs incurred by Contractor, such items shall be

handled in accordance with Section 2 and 3.

22. AGREEMENT CONTROLS: In the event a conflict exists between this Agreement and any term in

any exhibit attached or incorporated into this Agreement, the terms in this Agreement shall supersede the

terms in such exhibit.

23. SURVIVAL: The parties understand and agree that all terms and conditions of the Agreement that

require continued performance, compliance, or effect beyond the termination date of the Agreement shall

survive such termination date and shall be enforceable in the event of a failure to perform or comply.

24. ATTORNEY’S FEES: If the Contractor breaches this Agreement, then it shall pay the City’s

reasonable costs and attorney's fees incurred in the enforcement of the terms, conditions, and obligations of

this Agreement.

25. RIGHTS AND REMEDIES: Any rights and remedies of the City under this Agreement are in addition

to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit

the City's legal or equitable remedies, or the period in which such remedies may be asserted.

26. BINDING EFFECT: The parties agree that this Agreement, by its terms, shall be binding upon the

successors, heirs, legal representatives, and assigns; provided that this section shall not authorize

assignment.

27. PROTECTION OF PERSONAL IDENTIFYING INFORMATION: In the event the Work includes

or requires the City to disclose to Contractor any personal identifying information as defined in C.R.S. §

24-73-101, Contractor shall comply with the applicable requirements of C.R.S. §§ 24-73-101, et seq.,

relating to third-party service providers.

28. AUTHORITY: The individuals executing this Agreement represent that they are expressly authorized

to enter into this Agreement on behalf of the City of Central and the Contractor and bind their respective

entities.

29. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which

shall constitute an original and all of which shall constitute one and the same document. In addition, the

Parties specifically acknowledge and agree that electronic signatures shall be effective for all purposes, in

accordance with the provisions of the Uniform Electronic Transactions Act, Title 24, Article 71.3 of the

Colorado Revised Statutes.

IN WITNESS WHEREOF, the City and the Contractor have executed this Services Agreement as of the

above date.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

SIGNATURE PAGES FOLLOW

CITY OF CENTRAL, a home rule municipality of the State of Colorado

BY: _____________________________________

Daniel R. Miera, City Manager

DATE: ________________________, 2019

ATTEST: REVIEWED BY:

__________________________________ __________________________________

Reba Bechtel, City Clerk Marcus McAskin, City Attorney

DATE: ________________________, 2019 DATE:_______________________, 2019

CONTRACTOR:

BY: _____________________________________

Name: ____________________________

Title: ____________________________

DATE: ________________________, 2019

STATE OF COLORADO )

) ss.

COUNTY OF ____________ )

The above Services Agreement was acknowledged before me this __ day of ___________, 2019 by

_________________ as the ____________________ of _________________________, a

____________________________. Witness my hand and official seal.

My commission expires: ____________________

________________________________

Notary Public

Exhibit A to Services Agreement

Scope of Services

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