25-034 RFP All Division Trash Hauling and Single Stream Recycling Services.pdf

Request for Proposal #RFP-25-034 Page 1 of 63

Release Date

April 7, 2025

Solicitation Number

RFP-25-034

Solicitation Title

Services to be performed for

ALL DIVISIONS TRASH HAULING AND SINGLE

STREAM RECYCLING SERVICES

El Paso County, Colorado Springs Utilities and the City of Colorado Springs

Responses will be received until 2:00 P.M., MDT, Tuesday, May 6, 2025 Electronically through the Rocky Mountain E- Purchasing System

For additional information please contact Danny Tesh, Associate Procurement Specialist Email: DannyTesh@elpasoco.com 719-520-6772

Documents included in this package Request for Proposal Cover Sheet Executive Summary Summary of Work / Specifications Special Terms and Conditions General Terms and Conditions Response Submittal Requirements Attachments

The undersigned hereby affirms that (1) he/she is a duly authorized agent of the Consultant, (2) he/she has read all terms and conditions and technical specifications which were made available in conjunction with this solicitation and fully understands and accepts them unless specific variations have been expressly listed in his/her offer, (3) that the offer is being submitted on behalf of the Consultant in accordance with any terms and conditions set forth in this document, and (4) that the Consultant will accept any awards made to it as a result of the offer submitted herein for a minimum of ninety calendar days following the date of submission. Offers must contain, in blue ink, a manual signature of an authorized agent of the Consultant or a verifiable electronic time and date stamped signature in the space provided on all appropriate signature lines in this solicitation. Typed names as signatures are not allowed.

PRINT OR TYPE YOUR INFORMATION

Company Name: _______________________________________ Fax: __________________________________________________

Address: ______________________________________________ City/State/Zip: __________________________________________

Contact Person: ________________________________________ Title: __________________________________________________

Email: ________________________________________________ Phone: ________________________________________________

Authorized Representative’s Signature: __________________________________________________ Date: _____________________

Printed Name: _________________________________________ Title: _________________________________________________

Email: ________________________________________________ Phone: ________________________________________________

El Paso County Contracts and Procurement

15 East Vermijo Avenue Colorado Springs, Colorado 80903

REQUEST FOR PROPOSAL #RFP-25-034

COVER SHEET

Request for Proposal #RFP-25-034 Page 2 of 63

Cover Sheet Page 1

Table of Contents Page 2

Executive Summary Page 3

El Paso County Summary of Work and Specifications Page 5

El Paso County Fee Schedule Page 8

El Paso County Special Terms and Conditions Page 10

El Paso County General Terms and Conditions Page 15

El Paso County Respondent Information Page 22

El Paso County - Attachment A, Insurance Requirements Page 26

El Paso County - Reference and Instructions Regarding Attachment B, Agreement Page 27

Colorado Springs Utilities Exhibit A Statement of Work Page 28

Colorado Springs Utilities List of Attached Files for Review Page 37

City of Colorado Springs- The City Exhibit A Statement of Work Page 38

City of Colorado Springs- The City Exhibit A1- Site Locations Page 44

City of Colorado Springs- The City Insurance Requirements Page 50

City of Colorado Springs List of Attached Files for Review Page 51

Proprietary / Confidentiality Statement Page 52

No Bid Statement Page 53

Submission Form Page 54

El Paso County - Exhibit 1 – Exceptions Form Page 55

El Paso County - Exhibit 2 – Lobbying Certification Page 56

El Paso County - Exhibit 3 – Non-Collusion Affidavit Page 57

El Paso County - Exhibit 4 – Minimum Insurance Requirements Certification Page 58

Substitute W9 Form Page 60

TABLE OF CONTENTS

Request for Proposal #RFP-25-034 Page 3 of 63

REQUEST FOR PROPOSAL # RFP 25-034

EXECUTIVE SUMMARY

OFFICIAL SOLICITATION DOCUMENTS: El Paso County officially distributes solicitation documents through the Rocky Mountain E-Purchasing System and the County’s website. Copies of solicitations obtained from any other source are not considered official copies. Only those Respondents who obtain solicitation documents from the Rocky Mountain E-Purchasing System or El Paso County website will be in receipt of officially posted and relevant information regarding solicitations issued by El Paso County. The County cannot be held responsible for incorrect information, nor can it attest to the accuracy of information found on websites other than the Rocky Mountain E- Purchasing System or the County’s website.

PURPOSE OF SOLICITATION: All Divisions (The Solicitors), including El Paso County (the County), Colorado Springs Utilities (Utilities) and the City of Colorado Springs (the City) are requesting proposals from qualified, experienced, professional Respondents to provide trash hauling and single stream recycling services. Respondents must provide proposals for all three (3) Divisions or the Respondents’ submission shall be rejected.

The services (“Work”) in this Request For Proposal (RFP) requires that Respondents be responsible for providing all labor, materials, equipment, supplies and services required to provide trash collection and single stream recycling for all the Solicitors. Respondents shall maintain all applicable local, state and federal licenses, permits, certifications, and required insurance.

The Respondents shall provide all personnel, supervision, supplies, equipment, and any items and services necessary to provide services as defined in each Statement of Work (SOW). The Respondent shall perform the requirements in each SOW, conform to professional standards identified in each contract, and shall follow all applicable instructions and directives as identified by each SOW. The Respondent shall provide pickup, transportation, and delivery to the appropriate commercial landfill of all refuse in accordance with all local, state, and federal regulations. The Respondent shall provide pickup, transportation and delivery of all recyclable materials to an approved materials recovery center in accordance with all local, state, and federal regulations.

The winning Respondent shall be required to produce a monthly report detailing tonnage pickup for each division and for each location. The report shall include a monthly diversion report for each division detailing tonnage of trash, recycling, monthly total and the diversion percentage.

METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE: It is the intent of the Solicitors to award this Solicitation to the Respondent who receives the highest score when the Responses submitted by interested Respondents are reviewed by each Solicitor’s Response Evaluation Committee. For this Solicitation, the Evaluation Committee may score Responses in two phases. In the first phase, the Committee will score written Responses by reviewing documentation submitted by the Respondents. The evaluation will be based on the following criteria listed:

1. Project understanding, approach and work plan- 35%

2. Company’s Qualifications and Experience- 25%

3. References- 15%

4. Fee Schedule- 25%

A more detailed description of these criteria can be found on Page 6 of this document.

The Solicitors reserve the right to conduct negotiations with Respondents and to accept revisions of Responses.

During this negotiation period, the County will not disclose any information derived from Responses submitted, or from discussions with other Respondents. Once an award is made, the Solicitation file and the Responses contained therein are in the public record.

Request for Proposal #RFP-25-034 Page 4 of 63

NON-APPROPRIATION. Pursuant to C.R.S.§ 29-1-110, as amended, the financial obligations of the County as set forth herein after the current fiscal year are contingent upon funds for the purpose of being appropriated, budgeted and otherwise available. The awarded agreement will automatically terminate on January 1st of the first fiscal year, for which funds are not appropriated. The County shall give the Respondent written notice of such non- appropriation.

SCHEDULE OF ACTIVITIES: The following activities and dates tentatively outline the process to be used to solicit Respondent proposals and to review each Respondent proposal.

April 7, 2025 Release Request for Proposal April 11, 2025 @ 2:00 p.m. RECOMMENDED Pre-Proposal Meeting April 16, 2025 @ 3:00 p.m. Deadline for Submitting Questions May 6, 2025 @ 2:00 p.m. Response Submission Deadline May 2025 Issue Notice of Intent to Award June 2025 (estimated) Contract Award

PRE-PROPOSAL MEETING: A Pre-Proposal Meeting will be held at the City of Colorado Springs, Fire Department Complex West, Large Conference Room, 370 Printers Parkway Colorado Springs, Colorado 80910. PLEASE PARK ACROSS THE STREET at the Fire Department Complex 375 Printers Parkway. A representative of the Respondent is encouraged to attend this meeting to become familiar with the Specifications.

EXAMINATION OF CONTRACT DOCUMENTS IS RECOMMENDED: Prior to the submission of its Response, the Respondent is advised to become familiar with the Project and all project documents. The Respondent is also advised to carefully examine the requirements outlined in all Specifications, as they may affect the requirements of the Respondent. It is not the intent of this RFP to cover each and every detail. Any problems that may arise must be promptly reported to The Solicitors and will be subject to the decision of each of The Solicitors. The Respondent is expected to carefully examine the size and scope of the proposed work prior to submitting its Response. The Respondent certifies that it has examined the location of the proposed Work and is familiar with the drawings and the specifications and all contract documents related thereto.

RESPONSE TO QUESTIONS: Questions which arise during the Response preparation period regarding issues around this Solicitation, purchasing and/or award should be directed electronically, via the Rocky Mountain E- Purchasing system, to Danny Tesh, Associate Procurement Specialist, Contracts and Procurement Division, El Paso County. The Respondent submitting the question(s) shall be responsible for ensuring that the question(s) is received by the date and time listed above in the Schedule of Activities for submitting the question(s).

Any official interpretation of this Solicitation must be made by an agent of the County’s Contracts and Procurement Division who is authorized to act on behalf of the County. The County shall not be responsible for interpretations offered by employees of the County who are not agents of the County’s Contracts and Procurement Division.

ACCESSIBILITY COMPLIANCE: All non-confidential documents that may be subject to public requests under the Colorado Open Records Act (CORA) must comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and the Americans with Disabilities Act (ADA). Vendors must ensure that their software, products, services, and documents are accessible. Additionally, vendors should include any Voluntary Product Accessibility Template (VPAT), Accessibility Conformance Report (ACR), or other Accessibility Statements relevant to their offerings.

Vendors have the option to provide a recording demonstrating conformance, test results, or an agreement to remediate their technology to meet accessibility standards.

Request for Proposal #RFP-25-034 Page 5 of 63

All Divisions (The Solicitors) to include El Paso County (the County), Colorado Springs Utilities (Utilities) and the City of Colorado Springs (the City) are soliciting responses from qualified, experienced, professional Respondents to furnish trash hauling and single stream recycling services (“Project”). Respondents must provide proposals for all three (3) Divisions or Respondents’ submission shall be rejected.

It is expected that the business and its team members will have significant experience with this type of work. It is expected that the individuals overseeing and managing this project are qualified professionals. The successful Respondent shall be considered and shall remain an independent Respondent throughout the term of any contract awarded pursuant to this Solicitation.

The successful Respondent shall be solely responsible for scheduling and coordinating work of the subcontractors, suppliers, and other individuals or entities performing or furnishing any of the work under direct or indirect contract with the successful Respondent.

The successful Respondent shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, and incidentals necessary for performance, start up, and completion of the services outlined in this Solicitation.

I. BACKGROUND / GENERAL INFORMATION

The Solicitors are currently receiving trash hauling and single-stream recycling services for hundreds of containers amongst the three (3) divisions, site locations and containers details are identified in each division’s attachments. The Solicitors are requesting proposals from qualified Respondents to provide trash hauling and single stream recycling for a one-year term with four one-year renewal options at the sole discretion of each Solicitor. Other governmental agencies may extend the opportunity to utilize the award and the resulting contracted price(s) with the agreement. Requests for participation will be coordinated by the applicable governmental agency, and that agency will be responsible for issuing their contractual document(s).

II. REQUIRED DOCUMENTATION

Failure to provide required information may deem your submittal non-responsive. Submittals must contain, in blue ink, a manual signature of an authorized agent of the Vendor or a verifiable electronic time and date stamped signature in the space provided on all appropriate signature lines in this solicitation. Typed names as signatures are not allowed.

• Respondent Information Form

• Proprietary / Confidential Statement

• Exhibit 1 – Exception Form

• Exhibit 2 – Lobbying Certification

• Exhibit 3 – Non-Collusion Affidavit

• Exhibit 4 – Minimum Insurance Requirements

SUMMARY OF WORK / SPECIFICATIONS

Request for Proposal #RFP-25-034 Page 6 of 63

III. RESPONSE FORMAT

Failure to respond in the required format or failure to provide required information may deem your submittal non-responsive.

To facilitate an effective evaluation process, responses must be submitted on 8.5” x 11” inch paper with a minimum font of 10, and all pages should be numbered in the following manner: page __ of __ pages with a maximum of thirty (30) pages. All acronyms in the response must be defined.

Attachments/Exhibits included in this solicitation that require signature and/or are a required document to be returned with your Responses shall be included as an exhibit to your Responses and will not count toward the page limit. Requested items in the appendices will not count toward the page limit. Schedules, if applicable, may be submitted on 11" x 17" sheets and are counted as one page (limit of five pages).

Submittals should be prepared simply and economically providing a straightforward, concise description of the Respondent’s ability to fulfil the requirements of this Solicitation.

ELECTRONIC SUBMISSION OF OFFERS: El Paso County will only accept electronic Responses submitted through the Rocky Mountain E-Purchasing system. A Submittal Log will be posted after the County has had an opportunity to review and verify the submittals offered to the County.

The original Offer must be received before the due date and time through an electronic package transmitted through the Rocky Mountain E-Purchasing system. The Respondent is responsible for ensuring its Response is posted by the due date and time outlined in the solicitation document. No allowances will be provided to those Respondents whose submittal is not uploaded prior to the due date and time outlined in the solicitation.

If the submittal arrives late and/or is not uploaded in its entirety, it will not be included in the electronic lockbox.

The Solicitation Opening for RFP-25-034 will take place VIA TELECONFERENCE utilizing the call-in information below:

Participant-guest login:

1. Dial access number: 1-719-520-7660

2. Enter the participant-guest pass code: 51488#

3. Attendee Access Code: 1234#

The names of those who submitted a Response are released and review of required documentation is conducted.

Proposers are NOT required to participate. No in-person entry to our building will be permitted.

To enable the County to conduct a uniform review of the information submitted in response to this Solicitation, Respondents must address the following information, numbered to directly correspond with the number of the Table of Contents section of the submitted Response. The County reserves the right to reject submittals that do not follow the required format. Include concise, complete information which will demonstrate that your firm is uniquely qualified to provide the products and services specified in this Solicitation.

ALL signatures on required documents must be in blue ink or a verifiable electronic time and date stamped signature in ONE PDF document.

A. Provide response without reference to El Paso County logo or company logo in one PDF document.

B. Submit response in a tab format that follows a clearly outlined Table of Contents that identifies all material and attachments that comprise your response by section and by page number. I.e. – Required Documentation section, Evaluation Criteria section, etc. as outlined on the Response Submittal Requirements page.

C. Cover Letter, one-page limit. Submit a Cover Letter on official business letterhead that:

1. Positively states your willingness to comply with all work requirements and other terms and conditions as specified in this Solicitation.

Request for Proposal #RFP-25-034 Page 7 of 63

2. Provides, in brief concise terms, a summation of your submittal and identifies the points that make your firm uniquely qualified for this project.

3. Is signed by an Authorized Representative of your firm who has the authority to commit to the proposed work.

D. Provide documentation that satisfies the Required Document Requirements E. Provide documentation that satisfies the criteria to be evaluated.

F. Provide the completed and signed Cover Sheet G. Addendum(s) Acknowledgement, if applicable H. Submission Form I. Fee Schedule J. Completed W9 K. Universal Entity Identifier (UEI) Number L. Additional Attachments, if applicable

IV. EVALUATION CRITERIA (Weights)

• Project Understanding, Approach, and Work Plan- 35% o Provide a summary narrative describing the Company’s understanding and approach for completing the proposed work as described in this RFP.

o Include the means and methods of accomplishing the services and the scope of services offered.

o Provide a clear understanding of the Project and how it will be managed.

• Company Qualifications and Experience- 25% o Summarize/list the Company’s applicable qualifications and/or certifications if applicable.

o Describe/summarize the Company’s relevant experience. Include a maximum of three (3) relevant projects with similar services, timelines and/or magnitudes, as applicable.

• References-15% o Provide minimum of three (3), references where your firm provided similar services, one of which must be a government entity of similar size and scope as El Paso County.

o Summarize type of service(s) provided and past performance. Provide Firm names, contact names and titles, phone numbers, and email addresses.

• Fee Schedule-25% o Complete all Fee Schedules in detail.

V. SCOPE OF WORK- THE COUNTY

The County requires trash hauling services for over thirty-five (35) different locations requiring multiple pickups per week. Container sizes range from units measuring two (2) foot to eight (8) foot containers for front loaders all the way up to thirty (30) foot compactors. Reference the County’s fee schedule located on page eight (8) of the solicitation and Attachment C “El Paso County Excel Pricing Sheet” for locations and frequency.

Recycling services include single-stream recycling for hundreds of containers serviced amongst all three (3) divisions. The County has seven (7) locations requiring weekly pickups. Containers sizes are noted as three (3) yards, six (6) yards, and eight (8) yards. The location at 3255 Akers Drive utilizes six (6) containers which are eight (8) yards in size. Reference the County’s fee schedule located on page eight (8) of the solicitation and Attachment C “El Paso County Excel Pricing Sheet” for locations and frequency.

The winning Respondent shall be required to produce a monthly report detailing tonnage pickup for each division and for each location. The report shall also include a monthly diversion report for each division detailing by tonnage trash, recycling, monthly total and the diversion percentage.

Request for Proposal #RFP-25-034 Page 8 of 63

Respondent to input pricing on to Excel file titled “El Paso County Trash Haul- Recycle 2025 Fee Schedule”

El Paso County - Service Locations 1/1/2025

Scheduled Hauls

Department Account Location Quantity Container Haul Monthly Number Size Schedule Rate

Facilities Department 881-49035 190 S Cascade Ave - Pikes Peak Center 1 4fl M-H-F-S 881-49023 200 S Cascade Ave - Centennial Hall 1 3fl M-W-F 881-49040 210 S Cascade Ave - Metro Jail 1 2rl F 881-94033 325 S Cascade Ave - Technical Support Bldg 1 3fl M-T-W-H-F 881-158356 5850 Championship View #D - Veteran Services 1 3fl T-Odd 881-262183 3755 Mark Dabling - Fleet Mamagement 1 3fl M 881-260999 3755 Mark Dabling - Emergency Services Department 1 4fl M,T,W,H,F 881-259350 17 N Spruce St - CSU Ext & Justice Services 1 3fl F 881-173276 2880 International Circle - PPRDC 1 8fl M-W-F 881-252762 2741 E. Las Vegas St. - Coroner * 1 3fl M-T-W-H-F 881-49016 2743 E. Las Vegas St. - Fitness & Training Bldg 1 3fl M-W-F 881-49039 2747 E. Las Vegas St. - Sheriff's Fleet Svcs 1 4fl T 881-131782 2749 E. Las Vegas St. - Evidence Storage Bldg 1 3fl M-T-W-H-F 881-49045 3155 Akers Dr. - DOT Paint & Body 1 2fl F 881-49027 3275 Akers Dr. - Department of Public Works 3 4fl T-F 881-49048 9955 Rea Rd. - DOT Fountain 1 2fl H 881-49043 4990 Shoup Rd. - DOT Black Forest 1 2rl T 881-282870 1010 Golden St. - DOT Clahan 1 3rl M-W 881-49008 325 S. Cascade Ave - Facilities 1 3fl M-T-W-H-F 881-49020 270 S. Tejon St. - Judicial Courthouse 3 3fl M-T-W-H-F 881-249440 27 E. Vermijo - Office of the Sheriff 1 6fl M-T-W-H-F 881-49021 105 E. Vermijo - Professional Bldg 1 4fl M-T-W-H-F 881-286539 2948 E. Fountain Blvd - WIC East 1 2fl M-H 881-155229 2739 E. Las Vegas St. - Criminal Justice Center 1 30yd Compactor M-W-F 881-235609 1675 Garden of the Gods Rd. - Citizens Service Center 1 30yd Compactor On Call

Clerk and Recorder 881-165986 5650 Industrial Pl. - DMV East - Powers Office 1 3fl T-F

Department Account Location Quantity Container Winter Winter Number Size Schedule Rate

Parks 881-100806 245 Bear Creek Rd. - Bear Creek Nature Center 1 4fl T Winter Schedule 881-49054 1802 Creek Crossing - Bear Creek Maintenance Shop 1 8fl T

11/01 - 03/31 881-49058 300 Duckwood - Fountain Creek Maintenance Shop 1 8fl M 881-49057 2110 Stella Dr. - Fox Run Maintenance Shop 1 8fl M

Department Account Location Quantity Container Summer Summer Number Size Schedule Rate

Parks 881-100806 245 Bear Creek Rd. - Bear Creek Nature Ctr 1 4fl T Summer Schedule 881-49054 1802 Creek Crosssing - Bear Creek Maintenance Shop 2 8fl T-F

04/01 - 10/31 881-49058 300 Duckwood - Fountain Creek Maintenance Shop 2 8fl M-H 881-49057 2110 Stella Dr. - Fox Run Maintenance Shop 2 8fl M-H

On Call

Department Account Location Quantity Container Haul Haul Number Size Schedule Rate

DOT 881-144097 3275 Akers Dr - Department of Public Works 1 30yd On Call SWM 881-232914 3255 Aker Dr - House Hold Waste 1 30yd On Call

* Exchange Cans - Quarterly - No Charge

THE COUNTY FEE SCHEDULE

Request for Proposal #RFP-25-034 Page 9 of 63

Respondent to input pricing on to Excel file titled “El Paso County Trash Haul- Recycle 2025 Fee Schedule”

El Paso County - Recycle Service Locations 1/1/2025

Department Customer Location Quantity Container Haul Monthly Environmental ID Size Schedule Rate

Must bill Separately 2-38885-14004 1802 Creek Crossing 1 6 yard 1 x month 2-38886-44007 2880 International Circle - PPRDC 1 6 yard 1 x month 2-38886-74000 3275 Akers Dr. - Department of Public Works 1 6 yard 1 x weekly 2-38886-94006 200 S Cascade Centennial Hall 1 6 yard 1 x weekly 9-12148-23005 3255 Akers Drive - Environmental Division 6* 8 yard 1 x weekly 9-26181-63004 1675 Garden of the Gods Rd. - Citizens Service Center 1 8 yard 1 x weekly 14-76936-23006 270 S Tejon Street, Colorado Springs 1 3 yard 1 x weekly

Commercial Open Top Compactor

1 yard 10 yard 6 yard

1.5 yard 20 yard 40 yard 2 yard 30 yard 3 yard 40 yard 4 yard 6 yard 8 yard 32 gallon

Monthly Rate = unit price x # of cans x # pu per week x 52 weeks /12 months Respondent to also provide a Weekly rate for special projects or events

Container Size Container Size

Container Size

Monthly Unit Price

Weekly Unit Price

Monthly Unit Price

Weekly Unit Price

Monthly Unit Price

Weekly Unit Price

THE COUNTY FEE SCHEDULE- Continued

Request for Proposal #RFP-25-034 Page 10 of 63

1. RATES DEFINED: The rates quoted by the Respondent shall include full compensation for labor, equipment uses, travel time, and any other costs incurred by the Respondent. Hourly rates shall be straight-time for all labor.

Overtime is not allowed under this Solicitation. Mileage rates shall always be consistent with the current Federal rate.

2. TERM OF CONTRACT: The awarded contract shall commence on July 1, 2025, and shall remain in effect through June 30, 2026.

3. OPTION TO RENEW FOR SUBSEQUENT YEARS (WITH PRICE ADJUSTMENT): The prices or discounts quoted in this Solicitation shall prevail during the specified term of the contract, at which time the County shall have the option to renew the contract for four additional one-year periods. Continuation of the contract beyond the initial period is a County prerogative and not a right of the Vendor and will be exercised only when such continuation is clearly in the best interest of the County. During the option period, the County will consider an adjustment to the pricing structure if the manufacturer or supplier notifies the Vendor of a price adjustment. It shall be understood that such price adjustments shall not exceed the amount passed on to the Vendor/supplier by the manufacturer. The Vendor shall notify the County of such adjustments during the option period at least sixty calendar days prior to the end of the then current contract year and must include detailed justification for the requested adjustment. The County reserves the right to reject any price adjustments submitted by the Vendor and/or to terminate the contract with the Vendor based on such price adjustments.

The County may consider an adjustment to the pricing structure outside of the option period, if such adjustment would be detrimental to the Vendor. The Vendor shall submit an immediate request for such an adjustment in writing to the Contracts and Procurement Division and must include detailed justification for the requested adjustment outside of the option period. This consideration is a County prerogative and there is no guarantee that the request will be accepted outside of the option period. The County reserves the right to accept, reject or negotiate any price adjustments submitted by the Vendor and/or to terminate the contract with the Vendor based on such price adjustments

4. METHOD OF PAYMENT: The successful Respondents shall submit monthly invoices. These invoices shall be submitted to the County's Project Manager. See the Specifications for a detailed description of requirements.

5. METHOD OF PAYMENT - PROCUREMENT CARDS: PAYMENT CONDITIONS: Awarded Vendors are asked to have the capability of accepting the County’s authorized Procurement Card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the Procurement Card as a form of payment.

Vendors unable to comply with this requirement are asked to indicate such exception on the vendor information form.

6. POST INTENT TO AWARD MEETING: The Respondent may be required to attend a post intent to award meeting with each of the Solicitors to discuss the terms and conditions of the contract. This meeting will be coordinated by the Contracts and Procurement Division for each of The Solicitor once a Notice of Intent to Award has been issued.

7. DEBRIEFING: Offeror(s) not selected for award may request a debriefing on the selection process as well as discussion of the strengths and weaknesses of their firm’s proposal upon the Final Notice of Award being posted on the Rocky Mountain E-Purchasing website.

SPECIAL TERMS AND CONDITIONS

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A debriefing may be scheduled by contacting the Procurement Specialist listed on the Cover Sheet of this Solicitation once the Final Notice of Award has been posted.

8. PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE: Successful Respondents that are corporations or limited liability companies may be required to furnish a Certificate of Good Standing from the Colorado Secretary of State’s Office, as proof that they are properly registered to do business in the State of Colorado, prior to finalization of award.

9. LOBBYING PROHIBITED: Respondents are prohibited from directly or indirectly communicating with members of the Board of County Commissioners regarding their qualifications or any other matter related to the eventual award of a contract for the goods and/or services requested in this Solicitation. Respondents are prohibited from contacting County employees or evaluation committee members regarding their qualifications or the award of a contract unless in response to an inquiry from an employee or committee member as part of the formal evaluation process outlined in the Solicitation. Any violation of these provisions will result in the Respondent’s immediate disqualification from the selection process.

10. CONSIGNMENT OF CONTRACT NOT ALLOWED: Responses will only be considered from firms which are directly engaged in the business of performing the services described in this Solicitation. Accordingly, no part of this contract can be consigned to another Respondent.

11. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED: As part of its Response, the Respondent shall be required to identify any and all subcontractors that will be used in the performance of the contract resulting from this Solicitation. The Respondent shall also identify the capabilities, experience, and portion of the work to be performed by the subcontractor(s). The competency of the subcontractor(s) with respect to skill, responsibility and business standing shall be considered by the County when making the award in the best interest of the County.

12. CONFLICTS WITHIN THE CONTRACT DOCUMENTS: In the event that conflicts exist within the Contract Documents, addenda shall supersede all other Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified.

13. ELIGIBILITY OF RESPONDENTS: Solicitations will only be considered from firms which are engaged in the business of performing services as described in this Solicitation. The Respondents must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract. The term equipment and organization as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the County. The County reserves the right, before awarding the contract, to require a Respondent to submit such evidence of its qualifications as it may deem necessary and may consider any evidence available to it (including, but not limited to, the financial, technical, and other qualifications and abilities of the Respondent, including past performance and experience with the County) in making the award in the best interest of the County.

14. CURRENT LICENSES REQUIRED: Respondent must obtain and pay for all required licenses, fees, certifications, etc., and will comply with all laws, ordinances, and regulations. Damages, penalties and/or fines imposed by the County on the Respondent for failure to obtain required licenses, certifications or fees shall be borne by the Respondent. The County may request the Respondent to provide a current copy of their licenses and certificates prior to award.

15. QUALIFICATIONS OF RESPONDENT: The County may make such investigations as deemed necessary to determine the ability of the Respondent to perform work, and the Respondent shall furnish all information and data for this purpose as the County requests. Such information includes but is not limited to: Current licensing information, audited financial statements, contracts cancelled prior to completion and/or lawsuits and/or pending lawsuits against the firm and/or its principals. The County reserves the right to reject any Response if the

Request for Proposal #RFP-25-034 Page 12 of 63 evidence submitted by, or investigation of, such Respondent fails to satisfy the County that such Respondent is properly qualified to carry out the obligations of the Solicitation and to complete the work contemplated therein.

Conditional Responses will not be accepted.

16. PAST PERFORMANCE: The County may evaluate Past Performance with El Paso County or another entity and/or make such investigations as deemed necessary to determine the ability of the Respondent to perform work outlined in this solicitation. If the County has terminated a contract with the Respondent within the past three (3) years, the Respondent may be asked to furnish information for this investigation as the County requests.

Such information includes but is not limited to: current/past company references, current licensing information, contracts cancelled prior to completion and/or lawsuits and/or pending lawsuits against the firm and/or its principals. The County reserves the right to consider exemplary and/or poor evaluations from past County Projects. The County reserves the right to reject any Response if the evidence submitted by, or investigation of, such Respondent fails to satisfy the County that such Respondent is properly qualified to carry out the obligations of the Solicitation and to complete the work contemplated herein.

17. LABOR, MATERIALS AND EQUIPMENT TO BE SUPPLIED BY THE RESPONDENT: Unless otherwise provided in this Solicitation, the Respondent shall furnish all labor, materials, and equipment necessary for satisfactory contract performance. When not specifically identified in this Solicitation, such materials and equipment shall be of a suitable type and grade for the intended purpose.

18. ACCIDENT PREVENTION: The Respondent shall be required to take safety precautions in an effort to protect people and property. All Respondents, Respondents and sub-Contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of the awarded contract. Any fines levied by the above-mentioned authorities because of inadequate compliance with these requirements shall be borne solely by the Respondent, which is responsible for same.

19. COMPLETION OF WORK: The Respondent shall adhere to the timeline and milestones provided in its Response in which it will commit to perform the work and/or service. All work shall be performed in accordance with good commercial practice and the timeline and milestones shall be adhered to by the successful Respondent, except in such cases where the timeline will be delayed due to acts of God, strikes, or other causes beyond the control of the Respondent. In these cases, the Respondent shall notify the County of the delays in advance of the original timeline so that a revised timeline can be negotiated. Should the Respondent to whom the contract is awarded fail to complete the work within the timeline as stated in its Response or as subsequently approved, it is hereby agreed and understood that the County reserves the right to cancel the contract with the Respondent and to secure the services of another Respondent to complete the work. If the County exercises this right, the County shall be responsible for reimbursing the Respondent for work which was completed and found acceptable to the County in accordance with the Specifications. In addition, the County may, at its sole discretion, request payment from the Respondent, through an invoice or credit memo, for any additional costs over and beyond the original price which were incurred by the County as a result of having to secure the services of another Respondent.

20. DEFICIENCIES IN WORK TO BE CORRECTED BY RESPONDENT: The successful Respondent shall promptly correct all deficiencies in service and/or any service that fails to conform to the Contract Documents. All corrections shall be made immediately after such deficiencies and/or non-conformances are verbally reported to the Respondent by the County's Project Manager. The Respondent shall bear all costs of correcting such rejected services. If the Respondent fails to correct the service within the period specified in this Solicitation, the County reserves the right to place the Respondent in default of its contractual obligations, obtain the services of another Respondent and charge the Respondent for these costs, either through a deduction from the final payment over to the Respondent or through invoicing.

21. INDEMNIFICATION: Indemnification – General. The Respondent shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the County, Board of County Commissioners, officials, officers, directors, and employees, from and against all liability, claims, demands, suits, actions or proceedings of any kind that are not the result of or directly related to the performance of professional services, including, without limitation, claims

Request for Proposal #RFP-25-034 Page 13 of 63 arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of or are in any manner connected with this Agreement, including workers' compensation claims, in any way resulting from or arising from the services rendered by the Respondent, its employees, agents or subcontractors, or others for whom the Respondent is legally liable, under this Agreement; provided, however, that the Respondent need not indemnify or save harmless the County Board of County Commissioners, its officers, agents and employees, from damages resulting from the negligence of the County's Board of County Commissioners, officials, officers, directors, agents, and their insurers, and employees. The County cannot and by this Agreement does not agree to indemnify, hold harmless, exonerate, or assume the defense of the Respondent or any other person or entity whatsoever, for any purpose whatsoever.

Indemnification for Professional Services. The Respondent shall, to the fullest extent permitted by law, indemnify and hold harmless the County, Board of County Commissioners and any of its officials, officers, directors, agents, and their insurers, and employees, from and against damages, liability, losses, costs and expenses, including reasonable attorney’s fees, but only to the extent caused by or arising out of the negligent acts, errors or omissions of the Respondent, its employees, agents or subcontractors, or others for whom the Respondent is legally liable, in the performance of professional services under this Agreement. The Respondent is not obligated to indemnify or hold harmless the County for the negligent acts of the County, Board of County Commissioners, or any of its officials, officers, directors, agents, and employees.

Indemnification – Costs. The Respondent shall, to the extent provided by law, investigate, handle, respond to, and provide defense for and defend against, any such liability, claims or demands at the sole expense of the Respondent or, at the option of the County, agrees to pay the County or reimburse the County for the defense costs incurred by the County in connection with any such liability, claims or demands. The Respondent shall, to the extent provided by law, bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false or fraudulent. If it is determined by the final judgment of a court of any competent jurisdiction that such injury, loss or damage was caused in whole or in part by the act, omission or other fault of the County, Board of County Commissioners, officials, officers, directors, agents and employees, the County shall reimburse the Respondent for the portion of the judgment attributable to such act, omission or other fault of the County, Board of County Commissioners, officials, officers, directors, agents and employees.

22. FEDERAL STANDARDS COMPLIANCE: All services to be purchased in conjunction with this Solicitation shall be in accordance with all governmental standards to include, but not be limited to, those issued by the Office of Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).

23. VARIATIONS ALLOWED IF INDICATED: For purposes of Response evaluation, Respondents must indicate any variances to the Specifications, terms, and conditions, and attached Sample Agreement no matter how slight.

If variations are not stated in the Respondent's Response, it shall be construed that the Response fully complies with the Specifications, terms, and conditions, and attached Sample Professional Services Agreement.

Notwithstanding the above, it is hereby agreed and understood that the County reserves the right to reject these variations if they individually, or as a whole, do not meet the standards established in the Specifications.

24. EQUAL OPPORTUNITY: El Paso County intends and expects that the contracting processes of the County and its Respondents provide equal opportunity without regard to gender, race, creed, ethnicity, religion, age, sex, national origin, or disability and that its Respondents make available equal opportunities to the extent third parties are engaged to provide goods and services to the County as subcontractors, Respondents, or otherwise.

Accordingly, the Respondent shall not discriminate on any of the foregoing grounds in the performance of the contract and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract (joint ventures are encouraged). The Respondent shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The Respondent

Request for Proposal #RFP-25-034 Page 14 of 63 shall maintain records demonstrating its compliance with this article and shall make such records available to the County upon the County’s request.

25. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each governmental unit which avails itself of this Solicitation will establish its own contract, place its own orders, issue its own purchase orders, be invoiced there from, make its own payments, and issue its own exemption certifications as required by the Respondent. It is understood and agreed that El Paso County is not a legally binding party to any contractual agreement made between any other governmental unit and the Respondent as a result of this Solicitation.

26. CONFIDENTIALITY: Responses to this Solicitation are considered to be working documents while they are under consideration and, as such, are not subject to official bid openings. The only information released at the receipt of Responses to this Solicitation will be the names of the respondents. Only after staff makes an official recommendation of award and a contract is fully executed will Responses to this Solicitation be available as public record.

Responses submitted to the County for consideration shall be subject to the Colorado Open Records Law, Section 24-72-201, et seq., C.R.S., after the award is made. Any confidential information in the Respondent’s Response shall be identified as such. Should the County receive a request for the release of any information in the Respondent’s Response identified as confidential in accordance with the open records law, the County will notify the Respondent of the request and will exercise best efforts in assisting the Respondent in taking all legally available steps to resist or narrow such request. If, in the opinion of County’s legal counsel, the County is nonetheless compelled to disclose any portion of such information to anyone or else stand liable for contempt or suffer censure or penalty, the County may disclose such information without liability.

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

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime Respondent or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. In the event that any gratuities or kickbacks are offered or tendered to any El Paso County employee, the proposal shall be disqualified and shall not be reinstated.

28. DEBARMENT: By submitting this bid/proposal, the bidder/proposer warrants and certifies that he/she is eligible to submit a bid/proposal because he/she is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal, State, or local department or agency.

29. BUDGET: Budget will not be disclosed.

30. LOGOS: The County logo is trademarked and property solely of El Paso County. Respondents do not have permission to use our logo on any documentation or presentation materials and to do so would be a violation of our trademark.

Request for Proposal #RFP-25-034 Page 15 of 63

1. APPLICABILITY. These General Terms and Conditions apply, but are not limited, to all bids, proposals, qualifications and quotations (hereinafter referred to as “Offers” and/or “Responses”) made to El Paso County (hereinafter referred to as "County") by all prospective suppliers (herein after referred to as "Respondents") in response, but not limited to, Invitations to Bid, Invitations for Bids, Requests for Proposals, Requests for Qualifications, and Requests for Quotations (hereinafter referred to as “Solicitations”).

2. CONTENTS OF OFFER

2.1 General Conditions. Respondents are required to submit their Offers in accordance with the following expressed conditions:

2.1.1 Respondents shall make all investigations necessary to thoroughly inform themselves regarding the plant and facilities affected by the delivery of materials required by the conditions of the Solicitation. No plea of ignorance by the Respondent of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirements or the compensation to the Respondent.

2.1.2 Respondents are advised that all County contracts are subject to all legal requirements contained in County ordinances, the Contracts and Procurement policies and state and federal statutes. When conflicts between the Solicitation and these legal documents occur, the highest authority will prevail.

2.1.3 Respondents are required to state exactly what they intend to furnish to the County via this

Solicitation and must indicate any variances to the terms, conditions, and specifications of this Solicitation no matter how slight. If variations are not stated in the Respondent’s Offer, it shall be construed that the Respondent’s Offer fully complies with all conditions identified in this Solicitation.

2.1.4 El Paso County intends and expects that the contracting processes of the County and its

Respondents provide equal opportunity without regard to race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. Accordingly, the Respondent shall not discriminate on any of the foregoing grounds in the performance of the contract.

2.1.5 All Offers and other materials submitted in response to this Solicitation shall become the property of the County and will be a matter of public record.