2026 On-Call Services for Electric Utility Repairs and Excavating Projects

REQUEST FOR UNIT PRICE BIDS

For

2026 ON-CALL SERVICES FOR

ELECTRIC UTILITY REPAIRS AND EXCAVATING PROJECTS

In the

CITY OF FORT MORGAN, COLORADO

March 3, 2026

John Bain

Light and Power Superintendent

LIGHT AND POWER DEPARTMENT

P.O. BOX 100

FORT MORGAN, COLORADO 80701 (970) 542-3913

INVITATION TO BID

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

The City of Fort Morgan Light and Power Department is accepting unit price bids for 2026 On-Call Services for Electric Utility Repairs and Excavating Projects until 3:00 p.m. on Friday March 20, 2026 at City Hall (located at 110 Main Street, Fort Morgan, CO 80701). If delivered, they are to be sent to 110 Main Street, Fort Morgan, CO 80701. If mailed, the address is PO Box 100, Fort Morgan, CO 80701. If emailed, the address is cfm.bids@cityoffortmorgan.com.

Bids must be received at City Hall prior to 3:00 p.m. on March 20, 2026.

Emailed bids preferred. cfm.bids@cityoffortmorgan.com

No mandatory pre-bid meeting will be held.

Fill out Bid Form

All questions regarding this bid should go to John Bain, Light and Power Superintendent, in writing and can be e-mailed to john.bain@cityoffortmorgan.com. The cut-off date and time for questions is Friday, March 13, 2026 at 9:00 a.m. It is the responsibility of the prospective bidders to contact John Bain at (970) 542-3913 to verify receipt of questions. Based upon such inquiry, the City may choose to issue an Addendum.

A copy of the bid and associated documentation may be obtained as follows:

1. The City website at www.cityoffortmorgan.com.

2. City Hall (located at 110 Main Street, Fort Morgan, CO 80701).

INFORMATION TO BIDDERS

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

I. GENERAL INSTRUCTIONS.

1. Authorized Representative. All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the contractual agreement.

2. Withdrawal. Bid(s) may be withdrawn up to the date and time set for closing upon written, faxed, or e-mailed notice to the City. Negligence upon part of the bidder in preparing their bid(s) shall not constitute a right to withdraw a bid(s) subsequent to the bid opening. A conditional or unqualified bid may be cause for rejection.

3. Acceptance of Bid. Only bids properly received will be accepted. Each bid, deposits, and applicable documentation as requested must be submitted in a sealed envelope, clearly identifying on the outside of the envelope:

City of Fort Morgan

Bid for 2026 On-Call Services for Electric Utility Repairs and Excavating Projects Attention: John Bain

And bear the name of the bidder and their address.

• If Bid is to be delivered via private courier, such as FedEx, UPS, etc., it is to be sent to:

110 Main Street, Fort Morgan, CO 80701.

• If Bid is to be mailed via USPS, it is to be sent to: PO Box 100, Fort Morgan, CO 80701.

• If Bid is to be emailed, it is to be sent to: cfm.bids@cityoffortmorgan.com.

II. TERMS AND CONDITIONS.

1. During the course of normal maintenance of electric line distribution and transmission rebuild projects, the City occasionally requires services deemed urgent and/or beyond the capabilities of “in-house” resources.

2. The City intends to create a roster of qualified Contractors willing to contract with the City of Fort Morgan on an as-needed basis and to establish in advance the unit pricing for compensation of such services.

3. No minimum amount of work is implied or guaranteed under this Invitation.

4. By seeking Bids from Contractors, the City does not represent that it will utilize the Contractor's services or that it will utilize the Contractor’s services any guaranteed number of times over the course of the year.

5. All Bidders must be properly licensed and/or registered in the services being performed. Photocopies of company and employee licenses and/or registrations must be submitted with a properly executed Bid Form. The Bidder/Contractor is responsible for updating information as necessary.

6. Bid(s) shall be in unit pricing, inclusive of all management, operators, tools, supplies, equipment, and labor necessary to ensure timely performance of the required services on an as-needed basis. Fueling and vehicle servicing will not be provided by the City.

7. All Bids must be made on the required Bid Form. All blanks spaces for Bid prices must be filled in, in ink or typewritten, and the Bid Form must be fully completed and executed when submitted. Only one

INFORMATION TO BIDDERS

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

copy of the Bid Form is required. Should the Bidder not provide certain services, or desire not to bid certain items, the Bid price shall be filled in as “N/A.”

8. The Bidder agrees that by submitting its Bid as set forth in its Bid Form, the Bid price will remain in effect through December 31, 2026.

9. Bidder participants, whether general contractor, prime contractor, joint venture contractor, or sub- contractor, shall provide documented evidence of having completed projects of a similar nature to the project being bid. Bidder shall be required to submit references of previous projects for which City to verify references. This experience documentation shall be submitted as a requirement for being considered for award of the contract for the subject project.

10. No bid bond or performance bond will be required.

11. Successful Contractor(s) will be notified of their placement on the roster by a Notice of Acceptance within ten (10) days of acceptance by resolution of Council.

12. Each Contractor who receives a Notice of Acceptance will be required to execute the Agreement and provide current Workman’s Compensation Insurance verification and proof of liability insurance naming the City of Fort Morgan as an additional insured within ten (10) calendar days from the date when the Notice of Acceptance is delivered to the Bidder(s). THE PRIMARY GENERAL CONTRACTOR IS RESPONSIBLE FOR VERIFICATION OF WORKMEN’S COMPENSATION INSURANCE REGARDLESS OF THE BID PRICE FOR ALL SUBCONTRACTORS.

13. The Notice of Acceptance shall be accompanied by the necessary Agreement In case the Contractor fails to execute the Agreement, the City reserves the right to exercise its option to consider the Contractor in default, in which case the City will remove the Contractor from the roster and will not consider the Contractor for any as-needed services pursuant to this Invitation.

14. Contractors placed on the roster will generally be utilized in order of rate per unit for the services needed. The City reserves the right, however, to take into account responsiveness as well as past performance in determining which Contractor will be contacted first and given the opportunity to perform the work. Should the first contacted Contractor be unable or unwilling to perform the needed service, the City will proceed down the roster as necessary to meet the needs of the City.

15. Contractors who are placed on the roster and who undertake the work will be required to perform services pursuant to the terms described herein.

16. The City shall retain the right to remove any Contractor from the roster if the Contractor fails to meet and maintain the terms described in this Invitation or fails to provide services that meet the standards set in the industry within the demands and time constraints established by the City for the project.

17. Contractor shall be knowledgeable and shall comply with all federal, state, and local laws, rules, regulations, and ordinances that may be applicable to the operation of the equipment used by Contractor for any services rendered.

18. The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor.

19. The City reserves the right to inspect any equipment at any time.

20. Invoice: Contractor shall invoice the City within thirty (30) days after work is complete. The City shall make payment within thirty (30) days of receipt of invoice.

City of Fort Morgan

INFORMATION TO BIDDERS

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

21. Independent Contractor: Contractor must be and remain an independent Contractor with respect to all services performed under this Invitation. Contractor accepts full and exclusive liability for the payment of any and all contributions of taxes for social security, worker's compensation insurance, Medicare, unemployment insurance, or old age retirement benefits, pensions or annuities, now or hereafter imposed under any state or federal law, salaries or other remuneration paid to persons hired, including deposits of income tax withholding amount due, and it agrees to indemnify and hold harmless the City from any claims for contributions, taxes, or liability thereof.

Contractor’s employees shall not be deemed employees of City for any purpose and shall at all times be recognized as the Contractor's employees and work under Contractor's control and supervision. The Contractor’s employees shall not acquire any rights or benefits provided for employees of City of Fort Morgan. However, the Contractor's supervisors shall, in the performance of services herein requested, comply with the written or verbal instructions received from the Light and Power Department. Supervisors shall then be directly responsible for transmitting this information to Contractor's employees.

The Contractor and their personnel are required to adhere to all federal, state, and local laws that apply to the provisions of the services under this Contract, as well as those laws that regulate the general public.

22. Provisions: By submitting a Bid Schedule the Contractor agrees to the following:

a. Insurance: Contractor shall carry such public liability and property damage insurance that will protect them and the City of Fort Morgan from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under this Contract whether such operations be by themselves or by anyone directly or indirectly employed by either of them. Contractor warrants and guarantees that it maintains adequate insurance with minimum limits of one million dollars ($1,000,000.00), for activities undertaken pursuant to this Invitation and meet the Insurance Certificate Requirements included with this Invitation.

b. Workers’ Compensation: Contractor shall carry Workers’ Compensation insurance in amounts sufficient to cover those obligations imposed by the Workers’ Compensation Act of Colorado, and any other applicable laws for any employee engaged in the performance of work under this Invitation.

c. Indemnification: Contractor shall indemnify the City against all suits, claims, judgments, awards, loss, costs, or expenses (including without limitation attorneys’ fees) arising in any way out of the Contractor's performance or non-performance, including but not limited to any injuries or damages received or sustained by any person, persons, or property on account of the performance of the Contractor or their employees pursuant to this Invitation. The Contractor will be responsible for any and all damages that result from repair work performed, and will hold the City of Fort Morgan harmless in all claims resulting from the execution of the repairs for the City of Fort Morgan (i.e., utility disruption, spills, personal injury, etc.). Contractor will defend at its sole expense all such actions with counsel satisfactory to City and will satisfy any judgment rendered against City in such action.

City of Fort Morgan

INFORMATION TO BIDDERS

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

23. Law: All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over services of the Project shall apply to this Invitation throughout.

24. Choice of Law: Any action brought to enforce this Invitation shall be brought in the state courts of Colorado with venue in Morgan County.

25. No provision within this Invitation shall be considered a waiver of the City’s immunity under the Colorado Governmental Immunity Act.

26. THE FOLLOWING ITEMS ARE MANDATORY TO BE SUBMITTED WITH THE BID IN ORDER FOR THE BID TO BE CONSIDERED:

a. Completed and signed Bid Form/Schedule;

b. Three (3) references of projects of a similar nature to the project being bid; and

c. Photocopies of company licenses and/or registrations.

III. SPECIFICATIONS

A. GENERAL

1. The Contractor shall provide adequate traffic control such that traffic shall be directed through the project with signs, barricades, flag persons when required, or as necessary for the protection of the work and the safety of the public. All traffic control shall be in conformance with the MUTCD, 2009 edition. Should the Contractor be notified of unacceptable traffic control, the Contractor will not be allowed to continue work at that location until the problems are corrected. Failure to correct the traffic control deficiencies before continuance of the work will result in non-payment for the work done at the locations in question. Where needed, “No Parking” signs shall be placed not less than 24 hours in advance of the project.

2. No work shall be performed on local streets before 6:00 A.M. or after 10:00 P.M. each workday, Monday through Friday, unless otherwise approved by the City Project Representative. No work shall be performed on arterial or collector streets before 8:30 A.M. or after 4:00 P.M. each workday, Monday through Friday, unless otherwise approved by the City Project Representative. There shall be no work allowed on Saturday, Sunday, and City observed holidays unless approved by the City Project Representative, forty-eight (48) hours in advance. At the completion of each workday, the Contractor shall clean up all construction materials and leave the construction site in a condition approved by the City Project Representative.

3. The Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction, and the CDOT M&S Standards, latest editions are made a part of these specifications. In case of conflict, documents will have the following priorities;

(a) Specifications and/or Codes, (b) Standard Detail Drawings, (c) General Conditions, (d) CDOT Specifications and Standards.

4. The City will not be responsible for any construction down time due to failure on the Contractor’s part to notify utility companies of conflicts.

5. A daily charge will be made against the Contractor for each calendar day that any work shall remain uncompleted after elapse of contract time shown on work order. This daily charge will be deducted from any money due to the Contractor. This deduction will not be considered a penalty but as liquidated damages. The liquidated damages for this project will be as stated in CDOT Standard Specifications for Road and Bridge Construction, latest revision, Section 108.09 (Failure to Complete Work on Time). Any and all liquidated damages covered or paid by the City to

City of Fort Morgan

INFORMATION TO BIDDERS

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

maintain or complete the projects, as agreed upon, will be the full financial responsibility of the Contractor, and the City, at its sole discretion, may charge such financial obligations to the Contractor’s Surety or seek judicial remedies in the Morgan County District Court.

6. Waste material, which is deemed not reusable by the City Project Representative, shall be legally disposed of by the Contractor at his expense.

7. Intersections and driveways shall be closed only for a minimum amount of time. The Contractor shall coordinate driveway closures with property owners with final approval by each City Project Representative.

8. The City shall submit and obtain the necessary right-of-way permits for all work within the CDOT and/or County rights-of-way. The Contractor’s work shall not proceed on CDOT and/or County rights-of-way without proper permits.

9. The work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the City Project Representative as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice thereof from the City Project Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract at the Contractor’s sole expense.

10. The Contractor will take the necessary precautions to barricade and/or secure all work or any part thereof to protect the public at all times.

B. SCOPE

1. In general, the work will primarily consist of the installation, replacement, and repairs of distribution and transmission wood and steel poles, conduit, conductor and apparatus located throughout the City. Excavation and/or backfill services are also anticipated for electric distribution and transmission infrastructure located throughout the City.

2. In all cases, the City Project Representative will describe the work, location and timing requirements involved. This will involve the City Project Representative providing a listing of the work to be completed through issuance of a Work Order. This listing will include location information such as: addresses and/or site maps indicating the project locations. A mutually agreed upon approach will be determined for each job.

3. Intersections and driveways shall be closed only for a minimum amount of time. Prior to initiation of construction, the Contractor shall coordinate driveway closures with property owners with final approval by each City Project Representative. This notification can be verbal or in writing. The contractor will be responsible for the removal of grass, shrubbery, fences, and any other obstacle necessary to provide proper execution of the work. The Contractor will be responsible for proper backfill and compaction requirements of all excavations using suitable backfill material. The Contractor will be responsible for removal of construction material and debris from each site at the end of each day’s activity.

4. For concrete installation in paved areas, the Contractor will be responsible for cutting and removing any pavement required during repair jobs. Concrete shall be sawcut prior to removal.

5. The Contractor will be responsible for proper base preparation and after job completion. All work must be inspected by the City Project Representative or his/her designee.

City of Fort Morgan

INFORMATION TO BIDDERS

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

6. The Contractor shall protect all work areas and facilities from surface runoff. All areas and facilities subjected to flooding, regardless of the source of the water, shall be promptly dewatered.

7. It shall be the Contractor’s responsibility to verify the actual location and elevation of all underground utilities prior to beginning work.

8. The Contractor shall make efforts to prevent or minimize erosion, sedimentation, and dust pollution.

9. For excavation in paved areas, the Contractor will be responsible for cutting and removing any pavement required to perform the work. Concrete and asphalt shall be sawcut prior to removal. Waste material shall be disposed of at City facility.

10. Backfill and compaction shall be 95% of ASTM-D 698 (standard proctor) and +/- 2% of the optimum moisture content unless otherwise specified.

11. All distribution work will be in accordance with RUS specifications.

12. Directional boring will require potholing to verify existing utilities, and meet the 95% compaction as well on any potholes

13. Upon completion, all work must be inspected by a City Representative for compliance with the Work Order and all specifications identified in this Invitation.

14. Mobilization, site protection, excavation, bedding, placement, joining, backfilling compaction, and surface restoration will not be measured separately but shall be included in the work for electric conduit installation or miscellaneous work.

IV. WORK SCHEDULE

1. Work Orders: This contract is for acquiring services for on-call electric utility repairs and excavating projects. When this type of work is required to be performed within the City’s right-of- way and on public property, the City will notify the Contractor to discuss the work that needs to be performed.

2. Acceptance: The effective date of the work to be performed will be agreed upon by the City and the Contractor. Should the Contractor decline more than three (3) consecutive work requests, the Contractor may be considered to be in default of the Contract at the City’s sole discretion. The City, at its sole discretion, may then elect to terminate the Contract.

3. Notice to Proceed: Initial Notice to Proceed (NTP) will be issued in writing by the City. Both parties shall mutually agree on the number of consecutive calendar days allowed to complete the work requested prior to Contractor’s written acceptance of the Work Order. Should the work include improvements that were not included in the initial bid, the Contractor shall submit a proposal for the work, and the City may, at its sole discretion, approve the proposal. The Contractor shall not commence work involving improvements until the proposal has been approved by the City. Upon approval by the City, the Contractor shall perform the work and shall request a City Representative inspect the work and certify work is completed.

INFORMATION TO BIDDERS

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

4. Period of Performance: The Period of Performance under this Contract shall commence upon the effective date of initial NTP. All work to be performed under this Contract shall be completed no later than December 31, 2026 or as specified in the individual work order(s), whichever is sooner.

5. Renewal: The Contract entered into by the City and Contractor, pursuant to this Bid, may be renewed annually by the parties, for a period not to exceed three (3) years, as permitted by TABOR. The Contract shall only be renewed if the bid prices and services remain unchanged.

V. DRAWINGS

1. There are no site specific plans and/or drawings for this project with the exception that the City representative will describe the work, location, and timing requirements involved on a case-by- case basis through a Work Order.

VI. MATERIALS

1. The selected Contractor’s unit pricing shall be inclusive of all management, operators, tools, supplies, equipment, transportation, and labor necessary to ensure timely performance of the required services on an as-needed basis, unless otherwise specified in a writing by the City to the Contractor prior to the starting of any and all projects.

2. The City of Fort Morgan shall provide all materials required for repairs including suitable backfill material, stone, and all other materials incidental to the work and necessary to meet all current specifications of the City of Fort Morgan.

3. All material and appurtenances shall be provided by the City.

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BID FORM

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects BIDS DUE: Friday March 20, 2026 at 3:00 p.m.

The undersigned, having become familiar with the local conditions affecting the cost of the work, construction documents, and/or other pre-bid documents, all of which are issued and attached and on file at City Hall, hereby bid and propose to furnish all management, operators, tools, supplies, equipment, material, transportation, and labor service necessary to perform and complete in a workmanlike manner all of the work required in connection with the construction of the items listed on the bidding schedule in accordance with the plans and specifications as prepared by the City of Fort Morgan, for the unit prices set forth in the Bid Schedule.

The undersigned has carefully checked the Bid Schedule quantities against the plans and specifications before preparing this proposal and accepts the said quantities as substantially correct, both as to classification and the amounts, and as correctly listing the complete work to be done in accordance with the plans and specifications.

It is understood that the quantities of work to be done at unit prices is approximate only and are intended principally to serve as a guide in evaluating bids. Any change order shall require City review and approval prior to work being started on said change.

By submission of this Bid, the undersigned certifies, and in the case of acceptance of multiple Contractors, each party thereto certifies as to his own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this bid with any other bidder or any competitor.

The undersigned hereby agrees to commence the Work under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the Project within the priority schedule set in the Contract Documents.

(Remainder of Page Intentionally Left Blank)

City of Fort Morgan

BID FORM

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects BIDS DUE: Friday March 20, 2026 at 3:00 p.m.

BID SCHEDULE

Item	Description	Units	Estimated Quantity (Reference Only)	Unit Cost
DISTRIBUTION OVERHEAD/UNDERGROUND
1.	C-1	EA	1
2.	C-9-1	EA	1
3.	C9-3	EA	1
4.	C9	EA	1
5.	C8	EA	1
6.	C8 C7S GANG SWITCH	EA	1
7.	A-1	EA	1
8.	A-1.11	EA	1
9.	A-1.12G	LF	1
10.	A-2A-2.3	LF	1
11.	A-2.21	LF	1
12.	A-3	LF	1
13.	A-4	EA	1
14.	A-5	EA	1
15.	A-6	EA	1
16.	A-8	EA	1
UNITS WILL VARY AND OR LIMITED and/or ADDITIONAL ITEMS NOT LISTED ABOVE.
UNDERGROUND COSIDERED WILL BE 2’- 12’ TRENCHED OR DIRECTIONAL DRILLING.

A. Include hourly cut sheets of miscellaneous equipment and labor hours.

NOTE to Bidder: Should the Bidder not provide certain services, or desire not to bid certain items, the Unit Cost shall be filled in as “N/A.”

City of Fort Morgan

BID FORM

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects BIDS DUE: Friday March 20, 2026 at 3:00 p.m.

Submittal Requirements:

Item	Description	Included with Bid
1.	Completed and signed Bid Form/Schedule
2.	Three (3) references of projects of a similar nature to the project being bid
3.	Photocopies of company licenses and/or registrations

NOTE: Bidders should not add any conditions or qualifying statements to this bid as otherwise the Bid may be declared irregular as being non responsive to the Invitation for Bid. The following numbered Addenda have been received and the bid, as submitted, reflects any changes resulting from those Addenda(s):

Addendum Number Date of Addendum Date Received

SIGNED: TITLE:

PRINTED NAME:

FIRM:

ADDRESS:

CITY: STATE: ZIP:

DATE: TELEPHONE NUMBER:

EMAIL:

City of Fort Morgan

BID FORM

City of Fort Morgan Light and Power Department

2026 On-Call Services for Electric Utility Repairs and Excavating Projects BIDS DUE: Friday March 20, 2026 at 3:00 p.m.

EXPERIENCE RECORD

Please provide information from three (3) similar projects (use additional sheets if necessary).

1. Project Location:

Project Description:

Owner Name and Address: Date of Project:

2. Project Location:

Project Description:

Owner Name and Address: Date of Project:

3. Project Location:

Project Description:

Owner Name and Address: Date of Project:

PROFESSIONAL SERVICES AGREEMENT

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) made this ___ day of ______, 2026 is entered into, by, and between ___________________________, whose business address is ______________________, (“Contractor”) and the City of Fort Morgan, a home rule municipality of the State of Colorado (“City” and, together with Contractor, “Parties”).

ARTICLE 1. WORK

1.01 Contractor shall complete all work as specified or indicated in the Contract documents generally described as:

2026 On-Call Services for Electric Utility Repairs and Excavating Projects

ARTICLE 2. SERVICES AND WORK PRODUCT.

2.01 Services and Work Product. As directed by and under the supervision of John Bain Electric Superintendent for the City of Fort Morgan, the Contractor shall provide the City with the services described in Exhibit A, attached hereto and incorporated herein (“Services”). For purposes of this Agreement the term “Work Product” shall mean deliverables and/or product to be created, provided, or otherwise tendered to the City as described in the Services.

2.02 Changes to Services. The City may request a change or changes in Services at any time. Any changes that are mutually agreed upon between the City and the Contractor shall be made in writing and upon execution by both Parties shall become an amendment to the Services described in this Agreement.

2.03 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-consultants, contractors, agents, or representatives including, but not limited to, coverage or benefits related 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.

2.04 Standard of Performance. In performing the Services, the Contractor shall use the degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing in the State of Colorado. Contractor represents to the City that the Contractor is, and its employees performing such Services are, properly licensed and/or registered within the State of Colorado for the performance of the Services (if licensure and/or registration is required by applicable law) and that the Contractor and employees possess the skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. Contractor will complete the Services in accordance with the Agreement and all applicable federal, state, and local laws, regulations, ordinances, and codes.

2.05 Safety and Qualified Personnel. When and to the extent Contractor or any of its employees, agents, or subcontractors are working under the terms of this Agreement the Contractor will comply, and cause all its employees, agents, and subcontractors to comply, with all applicable safety rules and security requirements. Contractor will make available all qualified Contractors, drafters, technical, and clerical personnel necessary to fulfill its obligations under this Agreement.

2.06 Colorado Open Records Act. The parties understand that all material provided or produced under this Agreement may be subject to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq.

2.07 Disclosure of Adverse Information. Contractor will promptly disclose to City any and all information which Contractor may learn or which may have a material adverse impact on the Services or the Work Product or City’s ability to utilize the Work Product in the manner and for the purpose for which the Work Product is intended.

ARTICLE 3. COMPENSATION

3.01 Compensation. Owner shall pay Contractor [insert amount in writing] ($mirror in numbers) for completion of the Work in accordance with the Contract Documents, subject to mutually agreed upon written and jointly executed adjustments under the terms of the Contract, at the prices stated in the Contractor’s Bid attached hereto as Exhibit __.

3.02 Submittal and Processing of Payments. The Contractor shall submit a written invoice and request for payment in a form acceptable to the City on a monthly basis to John Bain, Light and Power Department, john.bain@cityoffortmorgan.com . Unless otherwise directed or accepted by the City, all invoices shall contain sufficient information to account for all Contractor time (or other appropriate measure(s) of work effort) during the period of the invoice.

ARTICLE 4. CONTRACTOR’S GENERAL RESPONSIBILITIES

4.01 The Contractor shall become fully acquainted with the available information related to the Services. The Contractor is obligated to affirmatively request from the City such information that the Contractor, based on the Contractor’s professional experience, should reasonably expect is available and which would be relevant to the performance of the Services.

4.02 The Contractor shall perform the Services in accordance with this Agreement and shall promptly inform the City concerning ambiguities and uncertainties related to the Contractor’s performance that are not addressed by the Agreement.

4.03 The Contractor shall provide all the Services in a timely and professional manner.

4.04 The Contractor shall promptly comply with any written City request from the City or any of the City’s duly authorized representatives to reasonably access and review any books, documents, papers, and records of the Contractor that are pertinent to the Contractor’s performance under this Agreement for the purpose of the City performing an audit, examination, or other review of the Services.

4.05 The Contractor shall comply with all applicable federal, state, and local laws, ordinances, regulations, and resolutions.

4.06 The Contractor shall be responsible at the Contractor’s expense for obtaining and maintaining in a valid and effective status all licenses and permits necessary to perform the Services unless specifically stated otherwise in this Agreement.

ARTICLE 5. TERM AND TERMINATION

5.01 Term of Agreement. The provision of services under this Agreement shall commence on ____________________________, 2026 (the “Effective Date”) and will terminate on December 31, 2026 (cumulatively, the “Term”). The Term shall not exceed the end of the current City Fiscal year (January 1 – December 31) unless the Parties mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the City Council and Contractor and such extension does not alter or amend any of the terms or provisions of this Agreement. The Contractor understands and agrees that the City has no obligation to extend this Agreement’s Term or contract for the provision of any future services with Contractor and makes no warranties or representations otherwise.

5.02 Continuing Services Required. The Contractor shall perform the Services in accordance with this Agreement commencing on the Effective Date until such Services are terminated or suspended in accordance with this Agreement. The Contractor shall not temporarily delay, postpone, or suspend the performance of the Services without the written consent of the City Council.

5.03 City Unilateral Termination. This Agreement may be terminated by the City for any reason, or no reason, upon written notice delivered to the Contractor at least ten (10) calendar days prior to termination. In the event of the City’s exercise of the right of unilateral termination as provided by this paragraph:

A. Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination; and

B. All finished or unfinished documents, data, studies, and reports prepared by the Contractor pursuant to this Agreement shall be delivered by the Contractor to the City and shall become the property of the City; and

C. The Contractor shall submit a final accounting and invoice of charges for all outstanding and unpaid Services performed prior to the Contractor’s receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by Section 5.03.A above. Such final accounting and final invoice shall be delivered to the City within thirty (30) calendar days of the 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.

5.04 Termination for Non-Performance. 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 specifying the non-performance, a demand to cure the non-performance, and a reasonable time to cure the non-performance by stating a date upon which the Agreement shall be terminated if there is a failure to timely cure the non-performance. For purposes of this Section 5.04 the term “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non-performance and upon the date of the resulting termination for non-performance, the Contractor shall prepare a final accounting and invoice of charges for all performed but unpaid Services. Such final accounting and invoice shall be delivered to the City within thirty (30) calendar days of the 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 5.04, nothing in this Section 5.04 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party.

5.05 Delivery of Notice of Termination. Any notice of termination permitted by this Article 5 Term and Termination and its subsections shall be addressed to the persons identified in Section 9.15 herein and at the addresses provided therein or such other address as either party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty-eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested.

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