25-099 RFP; Fleet Shop Equipment Service and Parts.docx

El Paso County Contracts and Procurement 15 East Vermijo Avenue Colorado Springs, Colorado 80903

REQUEST FOR PROPOSAL #RFP-25-099 COVER SHEET

Release Date October 22, 2025

Solicitation Number RFP-25-099

Solicitation Title FLEET SHOP EQUIPMENT SERVICE AND PARTS

Services to be performed for El Paso County Department of Public Works – Fleet Division

Responses will be received until 12:00 P.M., MST, Wednesday, November 19, 2025 Electronically through the Rocky Mountain E-Purchasing System

Documents included in this package Request for Proposal Cover Sheet Executive Summary 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 Contractor , (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 Contractor in accordance with any terms and conditions set forth in this document, and (4) that the Contractor 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 Contractor 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:

Address: City/State/Zip:

Contact Person: Title:

Email: Phone:

Authorized Representative’s Signature: Date:

Printed Name: Title:

Email: Phone:

Request for Proposal #RFP-25-099

REQUEST FOR PROPOSAL #RFP-25-099 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 Contractors 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 service providers to maintain and service key equipment including parts washers, oil burner heaters, and pressure washers. The contract will cover regular maintenance, emergency repairs, replacement parts and supplies, fluids, as well as annual inspections and certifications to ensure compliance with local safety and regulatory standards.

There will be El Paso County oversight of the projects.

TERM OF CONTRACT: The awarded contract(s) is anticipated to commence on December 15, 2025, and shall remain in effect through December 31, 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 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 Contractor written notice of such non- appropriation.

SCHEDULE OF ACTIVITIES: The following activities and dates tentatively outline the process to be used to solicit Contractor responses and to review each Contractor Response:

PRE-SOLICITATION MEETING: A pre solicitation meeting will be held as shown above in the Schedule of Activities, at 3275 Akers Drive, Colorado Springs, CO 80922. A representative of the Contractor is encouraged to attend this meeting in order to become familiar with the Specifications.

EXAMINATION OF SITE AND CONTRACT DOCUMENTS IS RECOMMENDED: The Contractor is advised to carefully examine the requirements outlined in the Specifications. It is not the intent of the specifications 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 submitter is expected to carefully examine the size and scope of the proposed work prior to submitting its submittal. The Submitter certifies that it has examined the location of the proposed Work and is familiar with the specifications and all contract documents related thereto, and the local conditions at the place where the Work may be performed. The Submitter should carefully check all the quantities and understand that the County will not be responsible for any errors or omissions on the part of the Submitter in making their submittal.

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 Matthew Marter, Senior Procurement Specialist, Contracts & Procurement Division, El Paso County. The Contractor 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).

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-25-099 SUMMARY OF WORK / SPECIFICATIONS

El Paso County is soliciting responses from qualified, experienced contractors to provide all labor, materials, and equipment necessary to complete phases of the Fleet Shop Equipment Service and Parts. The material and labor services to be purchased pursuant to this RFP are funded by El Paso County.

It is expected that the business and their team members have significant experience with this type of work. The successful Contractor shall be considered and shall remain an independent Contractor throughout the term of any contract awarded pursuant to this Solicitation.

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

The successful Contractor shall provide and assume full responsibility for all services, materials, equipment, and labor necessary for completion of the services outlined in this Solicitation as awarded.

The County of El Paso, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all submitters that it will affirmatively ensure that any contract entered into pursuant to this solicitation, disadvantaged business enterprises (DBE) will be afforded full and fair opportunity to submit bids in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for any award.

The Projects will be funded through the following sources: El Paso County. There will be El Paso County oversight of the projects.

The Projects are not subject to Davis Bacon requirements.

I. 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 Contractor 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.

A. Contractor Information Form B. Proprietary / Confidential Statement C. Subcontractor list (if applicable) D. Exhibit 1 – Exceptions Form E. Exhibit 2 – Lobbying Certification F. Exhibit 3 – Non-Collusion Affidavit G. Exhibit 4 – Minimum Insurance Requirements H. Completed and signed Cover Sheet I. Addendum(s) Acknowledgement, if applicable J. Universal Entity Identifier (UEI) Number

K. Evaluation Criteria Documentation

II. BACKGROUND

Overview:

This project aims to establish a contract with a qualified service provider to maintain and service key equipment including parts washers, oil burner heaters, and pressure washers. The contract will cover regular maintenance, emergency repairs, replacement parts and supplies, fluids, as well as annual inspections and certifications to ensure compliance with local safety and regulatory standards.

Service will be required at the following locations:

· Brown Transportation Complex, 3275 Akers Drive Colorado Springs, CO

· Calhan Maintenance Facility, 1010 Golden St Calhan, CO

· Mark Dabling Maintenance Facility, 3755 Mark Dabling Boulevard Colorado Springs, CO

Goals:

The primary goal of this service is to establish a comprehensive service contract with a qualified provider to ensure the regular maintenance, timely repairs, and compliance certifications of our parts washers, oil burner heaters, heating systems, and pressure washers.

III. SCOPE OF WORK

The awarded contractor will be responsible for the regular maintenance/fluids, emergency repairs, replacement parts, and annual inspections/certifications for the following equipment:

Parts Washers:

· Mark Dabling Maintenance Facility: W1-03 JRI FLF-2532B

· Brown Transportation Complex: PRFT15-001 JRI FLF-2532B

· Brown Transportation Complex: PRFT15-002 JRI FLF-2532B

· Calhan Maintenance Facility: JRI FLF 2532B

Oil Burner Heaters

· Brown Transportation Complex: Reznor RA150 Waste Oil Heater

· Brown Transportation Complex: Reznor RA350 Waste Oil Heater

· Calhan Maintenance Facility: Reznor RA150 Waste Oil Heater

Hotsy Pressure Washers:

· Calhan Maintenance Facility: Hotsy 991A

· Calhan Maintenance Facility Weld Shop: Hotsy 981SS

· Brown Transportation Complex Lower Yard: Power Jet NG PJN4003-1

· Brown Transportation Complex: Mi-T-M DC-2004-WSE3G

· Brown Transportation Complex Lower Yard: Landa VHG4-30024A NG

· Brown Transportation Complex Weld Shop: Mi-T-M DC-2004-WSE3G

· Brown Transportation Complex Body Shop: Landa PGDC 4-3000

Proposers are required to have a minimum of five (5) years’ experience in providing maintenance and repair services for parts washers, oil burner heaters, heating systems, and pressure washers. The vendor shall follow and possess knowledge of all applicable local safety codes and regulatory requirements related to the listed equipment.

Regular maintenance visits must be scheduled in advance and carried out according to a mutually agreed upon timeline.

IV. EVALUATION CRITERIA

All proposals deemed acceptable shall be initially rated based upon the submitted requirements. Price is not a factor in the Technical Review scoring process.

The evaluation committee will score Responses based on the following criteria listed in order of importance:

· Technical Approach and Methodology: Assessment of the vendor’s understanding of the project scope, quality of proposed services, and the ability to meet the County’s requirements - 35%

· Experience and Qualifications: Evaluation of the vendor’s relevant experience, qualifications of key personnel, and past performance on similar projects – 40% Price will be evaluated after the technical evaluations and scores will contribute to the overall ranking.

· Price/cost Proposal: Review of the proposed cost – 25%

V. 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 review process, responses must be submitted on 8.5” x 11” paper, with a minimum font of 10, and all pages should be numbered in the following manner: page or pages, with a maximum of seventy-five (75) 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 be included in the page limit. Requested items in the appendices will not be included in the page limit. Schedules may be submitted on 11" x 17" sheets and are counted as one page.

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

ELECTRONIC SUBMISSION OF OFFERS: El Paso County will only accept electronic bid 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 Contractor is responsible for ensuring its Response is posted by the due date and time outlined in the solicitation document.

If the submittal arrives late, it will not be included in the electronic lockbox.

The Solicitation Opening for RFP-25-099 will take place VIA TELECONFERENCE utilizing the call-in information below:

Participant-guest login:

A. Dial access number: 1-719-520-7660 B. Enter the participant-guest pass code: 51488# C. Attendee access code: 1234#

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, Contractors 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.

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

2. 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.

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

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

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

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

2. Provide documentation that satisfies the Required Document Requirements

3. Provide documentation that satisfies the criteria to be reviewed.

4. Provide the completed and signed Cover Sheet

5. Addendum(s) Acknowledgement, if applicable

6. Submission Form

7. Questionnaire

8. Details of the Contractor’s Experience and Qualifications as described in the Evaluation Criteria

9. Sample Certificate of Insurance

10. Universal Entity Identifier (UEI) Number

11. Additional Attachments, if applicable

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

REQUEST FOR PROPOSAL #RFP-25-099 FEE SCHEDULE / FEE PROPOSAL

Fee Schedule: SUBMIT IN A SEPERATE SEALED ENVELOPE: The fee schedule shall be provided as a separate document in a sealed envelope, independent of the technical proposal. The fee schedules will not be open until all technical evaluations have been completed and proposals have been ranked.

REQUEST FOR PROPOSAL #RFP-25-099 SPECIAL TERMS AND CONDITIONS

1. METHOD OF AWARD BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE: It is the intent of the County to award this Solicitation to the Vendor who receives the highest score when the Responses submitted by interested Vendors are reviewed by the County's Response Evaluation Committee. For this Solicitation, the Evaluation Committee will score Responses based on the following criteria listed in no order of importance:

· Technical Approach and Methodology (35%)

· Experience and Qualifications (40%)

· Price/Cost Proposal (25%)

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

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

If it is in the best interest of the County, the Evaluation Committee may invite a limited number of Contractors who received the highest scores during the written phase to provide an oral presentation and discussion. The number of Contractors who may be invited to participate in this discussion will be determined by the Evaluation Committee after the written Responses have been scored.

The County reserves the right to conduct negotiations with Contractors 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 Contractors. Once an award is made, the Solicitation file and the Responses contained therein are in the public record.

3. PRICE OFFERS SHALL BE FIXED AND FIRM: The prices offered by the Contractor shall remain fixed and firm for each task order. No changes in the Response shall be allowed after the date and time of the Solicitation opening due to an error by the Contractor. Responses may not be withdrawn after the time and date set for the Solicitation opening for a period of ninety calendar days.

4. POST INTENT TO AWARD MEETING: The Contractor 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.

5. COMPETENCY OF CONTRACTORS - MINIMUM FIVE (5) YEARS OF EXPERIENCE AND OPERATIONAL REQUIREMENTS: Bids will only be considered from Contractors which have been engaged in the business of performing the Work as described in this Solicitation. Contractors must be able to produce evidence that they have an established satisfactory record of performance for a minimum of five (5) years 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 Contractor shall submit, with its bid, such evidence of its qualifications including a maximum of three (3) relevant projects with similar services, timelines and/or magnitudes performed by the Contractor in the last five (5) years and relevant projects with similar services, timelines and/or magnitudes performed by the Contractor’s Project Manager, Superintendent and/or Foreman(s). Similar services shall be specific to the following:

· A solid track record performing both routine maintenance and emergency repairs on this type of equipment

· Experience sourcing and supplying replacement parts, fluids, and related consumables

· Familiarity with performing and documenting annual inspections and certifications in compliance with local safety and regulatory requirements

· Technicians who are trained and certified to work on oil-fired heating equipment and high-pressure cleaning systems

· Providers should be able to demonstrate their ability to respond promptly to service calls, maintain accurate service records, and ensure equipment is operating efficiently and safely

The County may consider any evidence available to it (including, but not limited to, the financial, technical, and other qualifications and abilities of the Contractor) in making the award in the best interests of the County.

6. QUALIFICATIONS OF CONTRACTOR: The County may make such investigations as deemed necessary to determine the ability of the Contractor to perform the work, and the Contractor shall furnish all information and data for this purpose as the County requests. Such information includes but not limited to: current/maximum bonding capabilities, current licensing information, audited financial statements, history of the firm on assessments of liquidated damages, 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 Contractor fails to satisfy the County that such Contractor is properly qualified to carry out the obligations of the Solicitation and to complete the work contemplated therein. Conditional Responses will not be accepted.

7. PAST PERFORMANCE: The County may review Past Performance with El Paso County or another entity and/or make such investigations as deemed necessary to determine the ability of the Contractor to perform work outlined in this solicitation. If the County has terminated a contract with the Contractor within the past three (3) years, the Contractor may be asked to furnish information for this investigation as the County requests. Such information includes but not limited to: current/past company references, current licensing information, history of the firm on assessments of liquidated damages, 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 Contractor fails to satisfy the County that such Contractor is properly qualified to carry out the obligations of the Solicitation and to complete the work contemplated herein. Conditional Responses will not be accepted.

8. CONFLICTS WITHIN THE CONTRACT DOCUMENTS: In the event that conflicts exist within the Contract Documents, the policies stated in the following paragraphs shall govern: A. Project Special Provisions (PSP) shall supersede Construction Plans (Plans), and Plans shall supersede SOQ Specifications (Specifications). B. Addenda shall supersede all other Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified.

The Plans, PSP and Specifications are intended to agree and be mutually explanatory and shall be accepted and used as a whole and not separately. Should any item be omitted from the Plans, PSP or Specifications as specified, it shall be implied that such omissions are contained in all three as necessary for the proper construction of the work herein specified. Should any error or disagreement between the three exist or appear to exist, the Contractor shall not avail itself of such manifestly unintentional error or omission but must have same explained or adjusted by the County's project manager before proceeding with the work in question.

9. LIMITED CONTRACT EXTENSION TO MAINTAIN SERVICE LEVELS: It is hereby agreed and understood that the awarded contract may be extended for an additional thirty-day transitional period after the contract is scheduled for termination and after any option years have been exercised. During this transitional period, the Vendor agrees to continue the same or a reduced level of service to the County at the same prices while a new contract, also in force, is being mobilized. If the Vendor is supplying equipment in conjunction with the awarded contract, the Vendor agrees to retain its equipment at the designated County premise(s) for an additional thirty calendar days after the termination of the contract, at which time the equipment shall be removed from the premise(s). The Vendor shall be allowed to invoice the County for this additional period on a pro rated basis.

10. CONSIGNMENT OF CONTRACT NOT ALLOWED: No part of this contract can be consigned to another Contractor.

11. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED: As part of its Response, the Contractor shall be required to identify any and all subcontractors that will be used in the performance of the contract resulting from this Solicitation. The Contractor 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. CURRENT PERMITS REQUIRED: Contractor must obtain and pay for all required permits, licenses, inspection fees, etc., and will comply with all laws, ordinances, and regulations associated with construction of the Project. Damages, penalties and/or fines imposed by the County on the Contractor for failure to obtain required permits, licenses, certificates or pay fees shall be borne by the Contractor. The Contractor shall enclose a current copy of their applicable permits, licenses, and inspection certificates with their Response.

13. LICENSES REQUIRED FOR TRADES: Professional contractors performing services in/for the County must show that they have been duly licensed by the municipality where the work is being performed, if required by that municipality, prior to being awarded a contract by the County.

14. LABOR, MATERIALS AND EQUIPMENT TO BE SUPPLIED BY THE CONTRACTOR: Unless otherwise provided in this Solicitation, the Contractor 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.

15. VARIATIONS ALLOWED IF INDICATED: For purposes of Response review, Contractors 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 Contractor's Response, it shall be construed that the Response fully complies with the Specifications, terms, and conditions, and attached Sample 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.

16. ADDITIONAL SERVICES MAY BE PURCHASED DURING CONTRACT PERIOD: Although this Solicitation specifies an exact location where services are to be performed for the County, it is understood and agreed that the County may, during the term of the awarded contract, request additional services for the same or other locations within the proximity of the Project limits from the successful Contractor. This option, if exercised, is the prerogative of the County and shall be honored by the Contractor as a condition of contract award.

17. LIMITATION OF OPERATIONS DURING NORMAL BUSINESS HOURS: The Contractor shall work during daylight hours only or between 7:00 AM and 4:00 PM, Monday – Thursday, whichever is stricter, unless otherwise approved by the County or as specified in the Project Specifications. No overtime work shall be started without prior approval of the County's Project Manager or his/her designated representative.

18. ACCIDENT PREVENTION: The Contractor shall be required to take safety precautions in an effort to protect persons and property. All Contractors, Contractors 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 Contractor which is responsible for same.

19. DEFICIENCIES IN WORK TO BE CORRECTED BY CONTRACTOR: The successful Contractor shall promptly correct all deficiencies in service and/or any work 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 Contractor by the County's Project Manager. The Contractor shall bear all costs of correcting such rejected work. If the Contractor fails to correct the work within the period specified in this Solicitation, the County reserves the right to place the Contractor in default of its contractual obligations, obtain the services of another Contractor and charge the Contractor for these costs, either through a deduction from the final payment over to the Contractor or through invoicing.

20. COMPLETION OF WORK: The Contractor 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 Contractor, except in such cases where the timeline will be delayed due to acts of God, strikes, or other causes beyond the control of the Contractor. In these cases, the Contractor shall notify the County of the delays in advance of the original timeline so that a revised timeline can be negotiated. Should the Contractor 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 Contractor and to secure the services of another Contractor to complete the work. If the County exercises this right, the County shall be responsible for reimbursing the Contractor 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 Contractor, 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 Contractor.

21. METHOD OF PAYMENT: The successful Contractors shall submit monthly invoices. These invoices shall be submitted to the County's Project Manager.

22. SALES TAX: The County is exempt from paying State or Local Sales Taxes. Contractors should be aware of CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39- 26.708(1)(a)(XIX) sales tax exemption for construction and building materials. State tax I.D. # 09-803308- 0000, Federal tax I.D. # 84-6000764.

23. INDEMNIFICATION: Indemnification – General. The Contractor 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 Contractor, its employees, agents or subcontractors, or others for whom the Contractor is legally liable, under this Agreement; provided, however, that the Contractor 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 Contractor or any other person or entity whatsoever, for any purpose whatsoever.

Indemnification for Professional Services. The Consultant 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 Consultant, its employees, agents or subconsultants, or others for whom the Consultant is legally liable, in the performance of professional services under this Agreement. The Consultant 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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.

24. 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).

25. EQUAL OPPORTUNITY: El Paso County intends and expects that the contracting processes of the County and its Contractors provide equal opportunity without regard to gender, race, creed, ethnicity, religion, age, sex, national origin, or disability and that its Contractors make available equal opportunities to the extent third parties are engaged to provide goods and services to the County as subcontractors, Contractor's, or otherwise. Accordingly, the Contractor 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 Contractor 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 Contractor shall maintain records demonstrating its compliance with this article and shall make such records available to the County upon the County’s request.

26. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each governmental unit which avails itself of this Solicitation will establish its own contact, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments and issue its own exemption certifications as required by the Contractor. 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 Contractor as a result of this Solicitation.

27. 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. In consideration of this Invitation for Bids that is cost driven, the only information that will be released is the names of the respondents, the total cost of the bids, and the apparent responsible, responsive Contractor. Only after staff makes an official recommendation of award and a contract is fully executed will Responses to this Bid 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 award is made. Any confidential information in the Contractor’s Response shall be identified as such. Should the County receive a request for the release of any information in the Contractor’s Response identified as confidential in accordance with the open records law, the County will notify the Contractor of the request and will exercise best efforts in assisting the Contractor 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.

28. 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 bid 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 Contractor 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 bid shall be disqualified and shall not be reinstated.

29. BUDGET: Budget will not be disclosed.

30. LOGOS: The County logo is trademarked and property solely of El Paso County. Contractors 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. We also prefer your company does not utilize its trademark so as to not influence an evaluator’s review.

REQUEST FOR PROPOSAL #RFP-25-099 GENERAL TERMS AND CONDITIONS

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”), El Paso County (hereinafter referred to as "County") by all prospective suppliers (herein after referred to as "Contractors") in response but not limited to Invitations to Bid, Invitations for Bid, Requests for Proposal, Statements of Qualification, and Requests for Quotation (hereinafter referred to as “Solicitations”).

2. CONTENTS OF OFFER

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

2.1.1 Contractors shall make all investigations necessary to thoroughly inform themselves regarding the plant and facilities affected by the delivery of materials and equipment as required the conditions of the Solicitation. No plea of ignorance by the Contractor 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 Contractor.

2.1.2 Contractors 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 Contractors 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 Contractor’s Offer, it shall be construed that the Contractor’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 Contractors provide equal opportunity without regard to race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law. Accordingly, the Contractor 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. Contractors 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.

2.1.6 Any Contractor claiming an exemption must identify the specific provision of the Open Records Act that provides an exemption from disclosure for each item that the Contractor claims is not subject to disclosure and must submit an additional bound copy of the Response with each exempt item clearly redacted. Any Contractor claiming an exemption must also state in its Response that the Contractor 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 Contractor 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 disclosure as provided by the Open Records Act.

2.2 Clarification and Modifications in Terms and Conditions

2.2.1 Where there appear to be variances or conflicts between the General Terms and Conditions, the Special Terms and Conditions and the specifications outlined in this Solicitation, the specifications then the Special Terms and Conditions will prevail.

2.2.2 If any Contractor contemplating submitting an Offer under this Solicitation is in doubt as to the true meaning of the specifications, the Contractor must submit a written request for clarification to the County's Contracts and Procurement Manager or their designee as outlined in the Special Terms and Conditions. The Contractor submitting the request shall be responsible for ensuring that the request is received by the County’s buyer by the date and time listed in the Schedule of Activities for submitting question(s) or as stated in the Special Terms and Conditions.

Any official interpretation of this Solicitation must be made by the County's Contracts and Procurement Manager or their designee. The County shall not be responsible for interpretations offered by other employees of the County.

The County shall issue a written addendum if substantial changes which impact the submission of Offers are required. Addenda will be posted on the Rocky Mountain E- Purchasing System web site (http://www.rockymountainbidsystem.com) as well as El Paso County web site (http://www.elpasoco.com). Contractors are responsible for either revisiting one of these websites prior to the due date or contacting the Contracts and Procurement Manager or their designee named on the Cover Sheet of this Solicitation to ensure that they have any addenda which may have been issued after the initial download.

The Contractor shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Offer. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.

2.3 Prices Contained in Offer-Discounts, Taxes, Collusion

2.3.1 It is hereby understood and agreed that the payment terms shall be net thirty days, effective on the date that the County receives an accurate invoice or accepts the products, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check.

2.3.2 Contractors shall not include federal, state, or local excise or sales taxes in prices offered, as the County is exempt from payment of such taxes. Materials purchased directly by the Contractor in conjunction with this contract will, however, be subject to applicable state and local sales taxes. These taxes shall be borne by the Contractor. Under no circumstances shall Contractor be authorized to use the County’s tax exemption number in acquiring such materials.

2.3.3 The Contractor, by affixing its signature to this Solicitation, certifies that its Offer is made without previous understanding, agreement, or connection either with any persons, firms or corporations making an Offer for the same items, services, or with the County. The Contractor also certifies that its Offer is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. To ensure integrity of the County's public procurement process, all Contractors are hereby placed on notice that any and all Contractor s who falsify the certifications required in conjunction with this section will be prosecuted to the fullest extent of the law.

3. PREPARATION AND SUBMISSION OF OFFER

3.1 Preparation

3.1.1 El Paso County will not be responsible for any expenses incurred by any Contractor in preparing and submitting its offer.

3.1.2 The Offer must be typed or legibly printed in ink. The use of erasable ink is not permitted. All corrections made by the Contractor must be initialed in blue ink by the authorized agent of the Contractor.

3.1.3 Offers must contain, in blue ink, a manual signature of an authorized agent of the Contractor or a verifiable electronic time and date stamped signature in the space provided on the Solicitation Cover Sheet. Typed names as signatures are not allowed. The original Cover Sheet of this Solicitation must be included in all Offers. If the Contractor’s authorized agent fails to appropriately sign and return the original Cover Sheet of the Solicitation, its Offer shall be invalid and shall not be considered.

3.1.4 Prices shall be provided by the Contractor on the Solicitation’s Pricing Bid Form when required in conjunction with the prescribed method of award and shall be for the unit of measure requested. Prices that are not in accordance with the measurements and descriptions requested shall be considered non-responsive and shall not be considered. Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

3.1.5 Alternate Offers will not be considered unless expressly permitted in the Specifications and/or Special Terms and Conditions.

3.1.6 The accuracy of the Offer is the sole responsibility of the Contractor. No changes in the Offer shall be allowed after the date and time that the Offers are due.

3.2 Submission

3.2.1 The Offer shall be submitted via the Rocky Mountain E-Purchasing System with the Contractor ’s name, the Solicitation Number, and the Solicitation Title. When required in conjunction with the prescribed method of award, the County's Pricing Bid Form must be used when the Contractor is submitting its Offer. The Contractor shall not alter this form (e.g., add or modify categories for posting prices offered) unless expressly permitted in an addendum duly issued by the County. No other form shall be accepted.

3.2.2 Offers submitted via facsimile machines, mail,…