25-059 RFP- Pikes Peak Regional Building Department Ice Bank Design Build Project.pdf

Request for Proposal #RFP-25-059 Page 1 of 36

Release Date

June 5, 2025

Solicitation Number

RFP-25-059

Solicitation Title

Services to be performed for

Pikes Peak Regional Building Department (PPRBD) Ice Bank Design Build Project

El Paso County – Department of Facilities & Strategic Infrastructure Management (FSIM).

Responses will be received until 3:00 P.M., MDT, Thursday, June 26, 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 Respondent, (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 Respondent in accordance with any terms and conditions set forth in this document, and (4) that the Respondent 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 Respondent 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-25-059

COVER SHEET

Request for Proposal #RFP-25-059 Page 2 of 36

REQUEST FOR PROPOSAL # RFP 25-059

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: El Paso County is requesting proposals from qualified, experienced, professional Respondents to furnish all services, labor, materials, and equipment necessary for professional services for the Pikes Peak Regional Building Department (PPRBD) Ice Bank Design Build Project (“The Project”).

There is El Paso County oversight of the Project.

TERM OF CONTRACT: The awarded contract shall commence on July 15, 2025, and shall remain in effect through June 30, 2026.

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 responses and to review each Respondent’s Response.

June 5, 2025 Release Request for Proposal June 12, 2025 @ 2:00 p.m. RECOMMENDED Pre-Proposal Meeting June 17, 2025 @ 3:00 p.m. Deadline for Submitting Questions June 26, 2025 @ 3:00 p.m. Response Submission Deadline July 2025 Issue Notice of Intent to Award July 15, 2025 (estimated) Contract Award

PRE-PROPOSAL MEETING: A Pre-Proposal Meeting will be held as shown in the Schedule of Activities, at the Pikes Peak Regional Building Department located at 2880 International Cir, Colorado Springs, CO 80910. 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 the 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 County and will be subject to the decision of the County. 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.

Request for Proposal #RFP-25-059 Page 3 of 36

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). Respondents must ensure that their software, products, services, and documents are accessible. Additionally, Respondents should include any Voluntary Product Accessibility Template (VPAT), Accessibility Conformance Report (ACR), or other Accessibility Statements relevant to their offerings. Respondents 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-25-059 Page 4 of 36

El Paso County is soliciting responses from qualified, experienced, professional Respondents to furnish all materials and labor as necessary for the Pikes Peak Regional Building Department (PPRBD) Ice Bank Design Build Project (“Project”).

The Project is being funded through El Paso County. There will be El Paso County oversight of the project.

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

Over the past decade, El Paso County (EPC) has become the most populous county in the State of Colorado.

El Paso County is proactively working to adapt to the changes that come with the demands of a rapidly growing community. The County’s goal is to ensure that as infrastructure is redeveloped it is done in ways that are consistent with current engineering standards that will ensure compliance, functionality, and longevity. The current Ice Bank cooling system at the Pikes Peak Regional Building Department (PPRBD) has a leak in the tube bundle which has caused a loss of ice making capability in Ice Bank number one (1). The cooling Tower has had multiple repairs made to the reservoir and continues to leak and has been determined to be at the end of life, which is insufficient to maintain the facility’s climate control system properly.

II. SCOPE OF WORK

The Respondent shall:

• Remove and replacement of Ice Bank #1 only, including interior and exterior installation options.

o Provide engineering/architectural drawings for any structural changes to the building, grounds and cooling systems.

o Include all re-piping, insulation, and additional glycol required to maintain 30% propylene glycol/70% water.

o Include modifications, changes to the existing Niagara based building automated system (BAS).

o Proposal shall include all pertinent data for all new/replacement components.

o Include all removal and haul-off of the existing Ice Bank #1, cooling tower and all other removed equipment, parts, refuse from the jobsite.

o Respondent shall reference additional documents titled Exhibit 5 – PPRBD Building Drawings, Exhibit 6 – PPRBD Ice Bank Cut Sheets, Exhibit 7 – PPRBD Ice Bank Pics, and Exhibit 8 – PPRBD Cooling Tower Pics.

o Respondent will require a crane to unload the existing equipment and install the new equipment.

SUMMARY OF WORK / SPECIFICATIONS

Request for Proposal #RFP-25-059 Page 5 of 36

• Removal and replacement of Ice Bank #1 and Ice Bank #2, including interior and exterior installation options:

o Provide engineering/architectural drawings for any structural changes to the building, grounds and cooling systems.

o Include all re-piping, insulation, and additional glycol required to maintain 30% propylene glycol/70% water.

o Include modifications, changes to the existing Niagara based building automated system (BAS).

o Proposal shall include all pertinent data for all new/replacement components.

o Include all removal and haul-off of the existing Ice Bank #1, cooling tower and all other removed equipment, parts, refuse from the jobsite.

o Respondent shall reference additional documents titled Exhibit 5 – PPRBD Building Drawings, Exhibit 6 – PPRBD Ice Bank Cut Sheets, Exhibit 7 – PPRBD Ice Bank Pics, and Exhibit 8 – PPRBD Cooling Tower Pics.

o Respondent will require a crane to unload the existing equipment and install the new equipment.

• Each option must also include replacement of the existing cooling tower for the chilled water system.

o Provide engineering/architectural drawings for any structural changes to the building, grounds and cooling systems.

o Include all crane services and provide for disposal of the existing cooling tower.

o Include modifications, changes to the existing Niagara-based BAS.

o The proposed equipment must meet or exceed the cooling capacity and efficiency of the existing cooling tower.

• Warranty and Support:

o Provide detailed warranty coverage information for all equipment, hardware and workmanship for installation, as well as post-installation support and training.

o Provide technical documentations from the equipment manufacturer for the ice banks and cooling tower units.

III. EVALUATION CRITERIA (Weights)

• Company’s Qualifications and Experience (25%) o The Respondent shall provide documentation showing a minimum of two (2) years of experience in performing services comparable to those described in the Scope of Work.

o The Respondent shall provide at least three (3) examples of comparable retrofit projects involving the installation and maintaining of chilled water-cooling systems (Ice Bank units).

o Respondent shall provide confirmation of locally based workforce.

o Respondents to provide a copy of their Niagara IV Certification.

o Must be licensed as required by PPRBD in El Paso County, Colorado.

• Ability of Company’s Key Personnel (25%) o Describe/summarize Key Personnel’s relevant experience. Include relevant projects with similar services, timelines and/or magnitudes. This may include experience with a different company.

o Generally, describe Project scope and Key Personnel’s role in the Project.

o Summarize/list applicable qualifications, licenses, training and/or certifications of Key Personnel.

The County may request proof of the listed training, certifications, and/or licenses prior to performing work and verify employee’s Niagara programming experience

• Project Understanding and Approach (30%) o Respondents to provide a summary narrative describing the Company’s understanding and approach for completing the proposed work as described in this RFP.

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

o Provide a clear understanding of the Project requirements o Provide an overall estimated timeline to include key tasks and milestones.

• Project Cost Proposal (20%)

Request for Proposal #RFP-25-059 Page 6 of 36 o Option One (1) - Provide pricing detail broken out for removal and replacement of Ice Box # 1 and the Cooling Tower.

o Option Two (2) - Provide pricing detail broken out for removal and replacement of Ice Box # 1 and Ice Box # 2 and the Cooling Tower.

IV. RESPONSE FORMAT

Failure to provide the required information may deem your submittal non-responsive. All responses to this proposal must follow the structure given below:

1. Signed Cover Sheet

2. Required Documentation

a. Respondent Information Form

b. Proprietary/Confidential Statement

c. Exhibit 1- Exceptions Form

d. Exhibit 2- Lobbying Certificate

e. Exhibit 3- Non-Collusion Affidavit

f. Exhibit 4- Minimum Insurance Requirements

3. All Requested Evaluation Criteria

a. Company’s Qualification and Experience

Minimum of Two years’ Experience Three (3) examples of comparable retrofit projects Copy of Niagara IV Certification

b. Ability of Company’s Key Personnel Describe/summarize Key Personnel’s relevant experience Generally, describe Project scope and Key Personnel’s role in the Project Summarize applicable qualifications, licenses, and/or certifications of Key Personnel

c. Project Understanding and Approach Respondents to provide a summary narrative describing the Company’s understanding and approach for completing the proposed work as described in this RFP.

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

Provide a clear understanding of the Project requirements Provide an overall estimated timeline to include key tasks and milestones.

d. Project Cost Proposal- on their own template with all requested information.

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.

ELECTRONIC SUBMISSION 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.

Request for Proposal #RFP-25-059 Page 7 of 36

The Solicitation Opening for RFP-25-059 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.

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

Request for Proposal #RFP-25-059 Page 8 of 36

Respondent to provide Project Cost Proposal on their own template with all information requested below:

• Option One (1) – Provide complete pricing detail broken out for removal and replacement of Ice Box # 1 and the Cooling Tower.

• Option Two (2)- Provide pricing detail broken out for removal and replacement of Ice Box # 1, Ice Box #

2 and the Cooling Tower.

FEE SCHEDULE

Request for Proposal #RFP-25-059 Page 9 of 36

1. METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE: It is the intent of the County to award this Solicitation to the Respondent who receives the highest score when the Responses submitted by interested Respondents are reviewed by the County'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. Evaluation will be based on the following criteria listed in no particular order:

o Company’s Qualifications and Experience (25%) o Ability of Company’s Key Personnel (25%) o Project Understanding and Approach (30%) o Project Cost Proposal (20%)

A more detailed description of these criteria can be found on Pages 5 and 6 of this document.

Evaluation criteria, other than costs, are evaluated first. After rating the technical Responses, costs are then considered against trade-offs such as satisfaction of requirements in the Solicitation, qualifications and financial condition of the Respondent, risk and incentives.

The County reserves 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.

2. SAMPLES OF SERVICE MAY BE REQUIRED DURING EVALUATION: After the Responses are opened by the County, the Respondents may be required to demonstrate their competency and ability to provide the quality of service that will be required by the County during the contract period. Such demonstrations will be provided to the County for evaluation by, and at no cost to, the County. If a demonstration of competency is required, the County will notify the Respondent of such and will specify the deadline for providing the demonstration. The County reserves the right to establish its own procedures for evaluating the Respondents' competencies and abilities. On the basis of this evaluation criteria, the County shall be the sole judge of the abilities of each Respondent in conformance with standards established in the Specifications and its decision shall be final.

3. 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 be consistent with the current Federal rate at all times.

4. METHOD OF PAYMENT PHASED PAYMENTS FOR WORK COMPLETED: The County shall provide partial payments for work completed by the successful Respondent during various phases of the work assignment.

The County and the successful Respondent shall negotiate the percentage or component of completed work which corresponds to the acceptable payment schedule after the Response has been evaluated and the successful Respondent has been determined. The Respondent shall provide a fully documented invoice to the County's Project Manager. The invoice shall identify critical, descriptive data including, but not limited to, the Purchase Order number, the service location(s) and time and materials provided to the County. It shall be understood that such invoices shall not be authorized for payment until such time as a County representative has inspected and approved the completed phase of work.

SPECIAL TERMS AND CONDITIONS

Request for Proposal #RFP-25-059 Page 10 of 36

5. METHOD OF PAYMENT - PROCUREMENT CARDS: PAYMENT CONDITIONS: Awarded Respondents 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. Respondents unable to comply with this requirement are asked to indicate such exception on the Respondent information form.

6. BID GUARANTY IS REQUIRED FOR A PERCENTAGE OF THE TOTAL PRICE: All Responses shall be accompanied by a Bid Guaranty in the form of a Certified Check, Cashier's Check or Bid Bond, made payable to EL PASO COUNTY, in the amount that represents 5% of the total base price. The Bid Guaranty shall be made payable to County and shall be conditioned upon the successful Respondent submitting a specified performance bond within ten (10) calendar days following written notice of award. Any Response which is not accompanied by a Bid Guaranty shall be considered non-responsive and ineligible for award. In the event the selected Respondent fails or refuses to submit the performance bond within the time stated, the Bid Guaranty/Security submitted with the Response will be forfeited as liquidated damages because of such failure or default. The bid guarantees will be returned after the opening of Responses to all except the three lowest responsible, responsive Respondents and the remaining guarantees shall be returned to these Respondents after the contract with the selected Respondent(s) is executed

7. PERFORMANCE BOND BASED ON A PERCENTAGE OF THE OFFERED PRICE: The Respondent to whom a contingent award is made shall duly execute and deliver a Performance and Payment Bond to the County in an amount that represents 100% of the price offered by the Respondent. The Respondent may deliver multiple bonds in lieu of a single bond, provided the total amount of these bonds equals the amount specified above.

The bond shall be delivered to the County's Contracts and Procurement Division within ten (10) calendar days after a Notice of Intent to Award is given to the Respondent, either verbally or in writing. If the Respondent fails to deliver the bond within this specified time frame, including any extensions which may be granted by the County, the County shall declare the Respondent in default of the contractual terms and conditions and the Respondent shall surrender its Bid Bond. In lieu of a Performance and Payment Bond, the County will accept a cash bond in the form of a certified cashier's check made payable to El Paso County.

Should an Extension(s) or Amendment(s) be completed on the contract that increases the amount of the contract, it shall be a requirement that the Respondent request additional bonding capabilities from their Bonding Agent to match the amended contract amount and the Respondent shall be responsible for paying any fees associated with the increase in the bonding amount. The County shall not be responsible for nor pay for any bonding fee increases.

8. CJIS BACKGROUND CHECK: Respondent and all subcontractors must submit to a CJIS Background Check prior to entering the facility. The Respondent shall submit a list of all employees, within two (2) days of Notice to Proceed or Notice of Award or within fourteen (14) days prior to appearance on the work site to include full name, date of birth, social security number, and driver’s license number for background check. Any record indicating felony violations, questionable character or possible security risk shall be just cause for denial of access for that person to the facility. Final approval of the employee list shall be at the sole discretion of the County and shall not be cause for additional payment.

When working within the Criminal Justice Center, all tools will be checked in and out by the job site Foreman and verified by appointed Sheriff’s Office staff or Facilities Maintenance personnel. Workday one, all employees will receive a safety briefing given by a member of the Sheriff’s Office staff. Working crew will not, at any time while at the Criminal Justice Center, interact with inmates and will always follow established safety procedures.

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

Request for Proposal #RFP-25-059 Page 11 of 36

10. LOCAL OFFICE SHALL BE REQUIRED: Due to the service level required in conjunction with this Solicitation, the Respondent shall maintain an office within the Metro Colorado Springs, Colorado, area. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. Metro Colorado Springs consists of City of Colorado Springs and surrounding cities and counties, El Paso County, City of Pueblo and surrounding counties, City and County of Denver, Arapahoe County, Jefferson County, Adams County, Boulder County, Douglas County, City and County of Broomfield, Clear Creek County, Gilpin County, Teller County, Colorado, etc.

11. SUBSTITUTION OF ITEMS: Substitute brands or models may be considered during the contract period for discontinued brands or models, unless otherwise stipulated as a 'no substitute' item in the Specifications. The Respondent shall not deliver any substitute item as a replacement for an awarded brand or model without express written consent of the County's Contracts and Procurement Division prior to such delivery. Substitute items must be of equal or better quality than the awarded item. Substitutes shall be considered only in emergency situations and excessive substitution requests may be cause of cancellation of the contract.

12. 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.

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.

13. 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.

14. 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.

15. 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.

16. SUB-CONTRACTORS OF WORK SHALL BE IDENTIFIED: As part of its Response, the Respondent shall be required to identify any and all sub-Respondents 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 sub-Respondent(s). The competency of the sub-Respondent(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.

17. 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.

18. 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 of time and

Request for Proposal #RFP-25-059 Page 12 of 36 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.

19. 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.

20. 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 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.

21. 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.

22. 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.

23. ACCIDENT PREVENTION: The Respondent shall be required to take safety precautions in an effort to protect persons and property. All Respondents, Respondents and sub-Respondents 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.

24. 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

Request for Proposal #RFP-25-059 Page 13 of 36 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.

25. 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.

26. 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 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 sub- Respondents, 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 sub-Respondents, 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.

27. 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

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Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).

28. 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.

29. 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 shall maintain records demonstrating its compliance with this article and shall make such records available to the County upon the County’s request.

30. 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.

31. 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.

32. 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.

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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 sub-respondent under a contract to the prime or higher tier sub-Respondent 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.

33. 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.

34. BUDGET: Budget will not be disclosed.

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.

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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. Respondents must identify, in writing, all copyrighted material, trade secrets and/or other proprietary information that it claims are exempt from disclosure under the Open Records Act.

Any Respondent claiming an exemption must identify the specific provision of the Open Records Act that provides an exemption from disclosure for each item that the Respondent claims is not subject to disclosure and must submit an additional original copy of the

GENERAL TERMS AND CONDITIONS

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Response with each exempt item clearly redacted. Any Respondent claiming an exemption must also state in its Response that the Respondent agrees to defend, indemnify, and hold harmless the County and its officers and employees from any action brought against the County for its refusal to disclose any purportedly exempt material, trade secrets and other proprietary information to any party making a request, therefore.

Any Respondent who fails to include an exemption statement along with the additional redacted copy of the Response shall be deemed to have waived any right to an exemption from…