Construction Aggregates Contract PICKED UP Aug 2024_cjd.pdf

Purchasing Department

Invitation to Bid

ITB-24-062

CONSTRUCTION AGGREGATES

PICKED UP

Annual Contract for Construction Aggregates for

Transmission, Distribution & Engineering

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INVITATION TO BID (ITB)

#ITB-24-062 Annual Contract for Construction Aggregates PICKED UP

Procurement Specialist: Lottie Delgado Email Address: purchasing@pueblowater.org Telephone Number: 719-584-0201 Fax Number: 719-584-0279

Proposals must be received no later than:

1:30 p.m. MST, on September 9, 2024

Proposals received after this date and time will not be considered for award.

II. INSTRUCTIONS TO BIDDERS:

Public Bid Openings will be conducted via conference call at the bid closing time. To participate:

1. Dial 1-650-479-3208

2. Enter the access number: 26603756388

3. You will then be placed into the conference call joined by the Procurement Specialist who will begin reading the submitted bid proposals.

Price quoted shall include any charges for packaging, containers, freight and delivery to:

Pueblo Water’s Warehouse, 707 W. Third Street, Pueblo, CO 81003

The Board of Water Works of Pueblo, CO (Pueblo Water) accepts proposals via;

email, fax, submitted online using Rocky Mountain E-Purchasing System (https://www.bidnetdirect.com/colorado), hard copy mailed or dropped off. Pueblo Water is not obligated to accept quotes from offerors that are not submitted on time for any reason.

Reference Section III. D. for guidelines for providing proposals via fax.

If submitting the proposal via mail or drop off, they are to be submitted in a sealed package with the following on the outside of the envelope:

Company Name ITB Title Due Date and Time Purchasing Department

Package must include:

• One Original Proposal, identified as “Original.”

Deliver proposals to:

Board of Water Works of Pueblo, CO Purchasing Department 319 W. 4th Street Pueblo, Colorado 81003

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Schedule of Events (subject to change)

All times are given in local Colorado time

ITB Issued Tuesday, August 27, 2024 Inquiry Deadline Thursday, September 5, 2024, @ 1:30 PM, MST Proposal Due Date and Time Monday, September 9, 2024 @ 1:30 PM, MST

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Table of Contents Section Title Page I. Specifications 5-6 II. Statement of Work 6 III. Special Conditions 7-12 IV. Response Format 13

Attachments Section Title Page A. Bid Form 14 B. Proposal Acknowledgement Form 15 C. Sample Acceptance Form 16

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SECTION I. – Specifications

A. General Specifications

1. All construction aggregates shall meet or exceed latest Pueblo City, County and State specifications as to quality and processing.

2. Pueblo Water reserves the right to reject any and all bids or to accept that bid or proposal which in their opinion best serves the interests of Pueblo Water. One consideration will be adequate availability of equipment as identified in Item #5 below, delivery time, the ability to sustain the desired quantity of multiple work sites (up to three) within the stated delivery time and Pueblo Water's past experience with the qualified bidders. Pueblo Water’s expectation is for delivered material to be received at the designated job site within four hours of request.

3. All construction aggregates (pick-up and delivery) shall be weighed on a scale currently certified by the State of Colorado Department of Agriculture Measurements Standards Section.

4. A field slip reflecting the certified weight shall be presented to Pueblo Water personnel upon pick-up or delivery to job site.

5. All bidders shall specify size, type and number of trucks readily available for delivery of miscellaneous sand & gravel, class 6 road base and bedding sand products.

Deliveries by belly dump vehicles cannot be accepted.

B. Detail Specifications

All sand & gravel shall be composed of sand and hard, durable fragments of rock with suitable filler materials where required. All materials shall be free from vegetable matter, lumps or balls of clay, or any other deleterious matter.

1. BEDDING SAND

Bedding sand shall be composed of sand, gravel, or crushed rock; and shall be clean and free from organic matter, lumps or balls of clay, cinders or other material which may cause pipe corrosion; or any other deleterious matter.

Bedding sand shall conform to the following limits when tested by means of laboratory sieves:

SIEVE SIZE TOTAL PASSING (% BY WEIGHT)

3/4" 100 1/2" 95 - 100

#4 65 - 95 #16 40 - 65 #50 10 - 25 #100 0 - 10

Within five days after award of contract, the successful bidder shall submit to Pueblo Water for approval, a sample of not less than thirty (30) pounds of bedding sand proposed for use.

If more than one source is to be used, a sample shall be submitted from each source. The source of each sample shall be stated and after approval of the bedding sand, no change shall be made in the source or gradations without written approval of Pueblo Water. The testing of the proposed bedding sand will be made by Pueblo Water at no expense to the successful

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2. CLASS 6 (3/4”) ROAD BASE

Road base shall be composed of sand and hard, durable fragments of rock, together with filler material, which conforms to the mechanical analysis and other requirements of these specifications. Fifty percent (50%) or more by weight of the material not passing the No.

4 sieve shall have at least one fractured face. The material supplied shall be a well graded mixture containing sufficient soil mortar, crusher dust or other proper quality binding material which, when placed and compacted on the sub-grade, will result in a firm, dense, stable surface. The material shall be free from vegetable matter and lumps and balls of clay. SLAG BASE COURSE SHALL NOT BE ACCEPTED.

The material shall be uniformly graded from course to fine and shall meet the following gradation requirements:

SIEVE SIZE PERCENT PASSING

3/4 100 #4 30 - 65 #8 25 - 55 #200 3 - 12

Material passing the No. 4 sieve shall have a liquid limit of not more than twenty-five

(25) and a plasticity index of not more than six (6) except that where the plasticity index is zero (0), the liquid limit shall be not more than thirty (30). Tests for liquid limit and plasticity index shall be in accordance with AASHTO Standard test designation T-89 and T-90 respectively.

3. CONCRETE SAND & GRAVEL MIX

Concrete sand & gravel mix shall be a 50/50 mix of concrete sand and the following 3/4" coarse aggregate. The coarse aggregate shall consist of broken stone or gravel composed of clean, hard, rough and durable stone, free from soft, thin, elongated or laminated pieces, disintegrated stone, clay, loam, vegetable or deleterious matter.

Coarse aggregate shall be well graded and when tested by means of laboratory sieves shall meet the following grading requirements:

SIEVE SIZE PERCENT PASSING

1" 100 3/4" 90 - 100 3/8" 20 - 55 #4 0 - 10 #8 0 - 5

Course aggregate shall have a percentage of wear of not more than forty-five percent (45%) when tested in accordance with "Standard Los Angeles Abrasion Test of Course Aggregate", AASHO Method T-96.

When tested for weakness by AASHO Method T-104, the percent loss for course aggregate shall not exceed twelve percent (12%) at the end of five (5) cycles, provided, however, that this test may be waived if the material has a satisfactory service record over a period of at least five (5) years.

SECTION II. – Statement of Work

A. Scope of Services

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Pueblo Water is seeking to enter a one-year contract for the specified bill of material. This Contract may be extended for up to three (1) additional one-year extensions with satisfactory performance and reasonable price adjustments and approval by the Pueblo Water Executive Director.

B. Period of Award The approximate effective date of providing the required product and services shall be from September 20, 2024, through September 19, 2025.

SECTION III. – Special Conditions

A. Issuing Office Pueblo Water’s Procurement Specialist listed herein is to be the sole point of contact concerning this ITB. Bidders shall not directly contact other personnel regarding matters concerning this ITB or to arrange meetings related to such.

B. Official Means of Communication

All official communication from Pueblo Water to Bidders will be via postings on an electronic solicitation notification system, the Rocky Mountain Bid System (www.rockymountainbidsystem.com). The Procurement Specialist will post notices that will include, but not be limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of award. It is incumbent upon Bidders to monitor the Rocky Mountain Bid System carefully and regularly for any such postings. In addition, communications may be sent to attendees of the pre-proposal conference, if any, via fax or email.

C. Inquiries

Prospective Bidders may make written inquiries by e-mail before the written inquiry deadline concerning this ITB to obtain clarification of requirements. There will be an opportunity to make inquiries during the pre-proposal conference, if any. No inquiries will be accepted after the deadline. Inquiries regarding this ITB (be sure to reference ITB number) should be referred to:

E-Mail: purchasing@pueblowater.org Subject Line: ITB-24-062 - CONSTRUCTION AGGREGATES: Road Base, Bedding Sand, Sand & Gravel PICKED UP

Response to Bidders inquiries will be published as a modification on the Rocky Mountain Bid System in a timely manner. Bidders cannot rely on any other statements that clarify or alter any specification or other term or condition of the ITB.

Should any interested Bidder, sales representative, or manufacturer find any part of the listed specifications, terms, and conditions to be discrepant, incomplete, or otherwise questionable in any respect, it shall be the responsibility of the concerned party to notify the Procurement Specialist of such matters immediately upon discovery.

D. Fax Guidelines:

Pueblo Water will allow use of fax equipment for receiving bids and has developed the following guidelines:

• Bids received on fax equipment will not be reviewed or evaluated upon receipt. The bid will be sealed until the designated bid opening date and time.

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• Pueblo Water does not guarantee the availability of fax equipment; bidders choosing to use fax equipment do so at their own risk. Bidders should allow enough time prior to the scheduled bid opening for access to fax equipment.

• Pueblo Water will only accept bids that are fully received prior to the scheduled bid opening. Any bid that is printing at the bid opening time will be considered late and unacceptable.

• Any bid received via fax equipment must be confirmed with an original copy including original signature within two business days of bid opening. Quotes not confirmed within this time period will be considered unacceptable. New or varied information will not be accepted in the follow-up original. Purchasing Department’s fax number is 719-584- 0279.

E. Hold Harmless and Indemnification:

Successful Bidder (Contractor) agrees to defend and hold harmless the Purchaser, its customers and users of the material provided, against all loss, expense and damages, arising from bodily injury to any person, including death there from, and damage to property caused by any defective products supplied hereunder by the negligence or by the willful acts of Contractor, its agents or employees engages in the manufacture, installation, delivery, erection, repair or operation of any equipment or material covered hereunder.

The Contractor shall indemnify and save harmless Pueblo Water against all claims for damages and any loss or expense, including attorney's fees, sustained by reasons of royalties, patent, trademark, or copyright infringement which may be involved in the manufacture or use of the material to be furnished.

F. Modification or Withdrawal of Proposals:

Proposals may be modified or withdrawn by the Bidder prior to the established due date and time.

G. Changes Clause:

No change will be made to the requirements of this order without the express written consent of Pueblo Water. Any excess cost incurred by the Contractor, in the event an unauthorized change is made, will be at the Contractor’s expense and not chargeable to Pueblo Water. Any change made without the consent of Pueblo Water may result in the cancellation of this order. Pueblo Water reserves the right to procure any/all emergency requirements on the open market.

Please note in your proposal exceptions and modifications to the contract you desire be made.

Any exceptions or modifications to the contract may be grounds for considering a proposal non-responsive.

H. Inspection and Acceptance:

Pueblo Water will inspect each item delivered under this order at the time of delivery or as soon thereafter as possible. Any item found not to meet the specifications of this order will be returned to the Contractor for alteration or repair. Any item will be considered accepted by Pueblo Water after a satisfactory inspection has been made and any alterations or repairs required have been accomplished.

I. Acceptance:

A proposal submitted in response to this ITB shall constitute a binding offer. The autographic signature of a person who is legally authorized to execute contractual obligations on behalf of

ITB-24-062 Two-Year Contract – AMR Installation Supplies Page | 9 the Bidder shall indicate acknowledgment of this condition. A submission in response to this ITB acknowledges acceptance by the Bidder of all terms and conditions as set forth herein. A Bidder shall identify clearly and thoroughly any variations between its proposal and the ITB in the cover letter. Failure to do so shall be deemed a waiver of any right to subsequently modify the terms of performance, except as outlined or specified in the ITB.

In submitting the proposal, Bidder agrees that acceptance of any or all bids by the Procurement Specialist within a reasonable time period does not constitute a contract. No delivery shall become due or be accepted unless a purchase order has been issued by the Purchasing Department.

Any goods shall remain the property of the Contractor until delivered to and accepted by Pueblo Water.

J. Invoice and Payment:

Invoices shall contain a non-duplicated number. Invoices can be sent electronically to accounting@pueblowater.org or a hardcopy to the following address:

Board of Water Works Accounts Payable P.O. Box 400 Pueblo, Colorado 81002-0400

Pueblo Water has the ability to remit payment via the following methods:

Procurement-Card (P-Card): Pueblo Water utilizes a corporate procurement card (Visa) to transact smaller dollar payments by Pueblo Water staff. This provides benefits and efficiencies associated with credit card purchases and vendor reimbursements.

Check/ACH: With this option Pueblo Water will remit payment 30 days after receiving an invoice.

K. Exceptions:

All prospective Bidders shall separately record any proposed specification deviations from those herein provided. Bidders must also be aware that bids submitted to Pueblo Water which are not in full compliance with the published specifications may be rejected as non-responsive. Pueblo Water shall be the sole judge in determining which exceptions, if any, to the published specifications are acceptable based on Pueblo Water’s intended use.

L. Estimate of Quantities/Amounts:

The estimates of quantities/amounts noted are based on past procurement records and/or projection for the next twelve (12) month period. Quantities/amounts shown on the Bid are for bid evaluation only and constitute no guarantee what quantities/amounts, if any, may actually be ordered.

Upon award of the contract, the Contractor hereby expressly agrees to furnish the designated bill of material required by Pueblo Water in each of the quantities listed on the “Bill of Material” and for which has quoted prices, for the duration of the contract and at the prices shown.

Pueblo Water agrees to purchase all of its requirements for designated materials in each of the categories listed on the “Bill of Material” from the awarded Contractor.

M. Over shipment:

Material shipped in excess of quantity ordered may be returned at Contractor’s expense.

mailto:accounting@pueblowater.org

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N. Freight (F.O.B. Destination):

Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance and other services associated with delivery of all products under this Contract.

O. Protested Solicitations and Awards:

Any actual or prospective Contractor who is aggrieved in connection with either the solicitation or award of a contract may protest in writing to the Procurement Specialist. The protest shall be submitted within three calendar days after such aggrieved person knows, or reasonably should have known, of the facts giving rise thereto.

Regarding requirements or specifications set forth in this ITB, it is important for Contractors to note that a challenge should be made within three (3) calendar days of when the item being protested is known.

P. Confidential/Proprietary Information:

Pueblo Water neither requests nor encourages the submission of confidential/proprietary information in response to this Invitation to Bid. All proposals will be confidential until a contract is awarded and fully executed. At that time, all proposals and documents pertaining to the proposals will be open for public inspection, except for material that is proprietary or confidential. However, requests for confidentiality can be submitted to the Procurement Specialist provided that the submission is in accordance with the following procedures. This remains the sole responsibility of the Contractor. The Procurement Specialist will make no attempt to cure any information that is found to be at a variance with this procedure. The Contractor may not be given an opportunity to cure any variances after proposal opening.

Neither a proposal in its entirety, nor proposal price information will be considered confidential/proprietary.

Q. Informalities and ITB Cancellation:

The Procurement Specialist reserves the right to reject any and all bids for any or all items covered in the bid request, to waive informalities or defect in bids or to accept such bids as shall be deemed in the best interest of Pueblo Water. Pueblo Water reserves the right to cancel this ITB at any time, without penalty.

R. Negotiation of Award:

In the event only one (1) responsive proposal is received by Pueblo Water, Pueblo Water reserves the right to negotiate the award for the services with the Contractor submitting the proposal in lieu of accepting the proposal as is.

S. Annulment Without Fault of Contractor:

Pueblo Water shall have the right at any time, for reasons which appear good to it, to annul this contract upon giving written notice “Notice of Termination” to the Contractor, in which event the Contractor shall be entitled to the full amount of the Material provided by him under this contract up to the time of such annulment. The Notice of Termination will specify the extent to which performance of the work is terminated and the date upon which termination becomes effective. The contractor may only terminate this contract with cause.

T. Notice to Cure:

Pueblo Water shall have the right to issue the Contractor a Notice to Cure in the event conditions of the contract are not being satisfied and are endangering performance of the contract. The failure shall be cured within the time allotted by Pueblo Water or will face termination of the contract for default.

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U. Termination for Default:

Pueblo Water may terminate this Contract for default if Pueblo Water in its sole discretion determines that the Contractor has failed to comply with the Contract Documents; fails to make progress, so as to endanger performance; acts or fails to act so that it reasonably appears Contractor’s future performance is uncertain; or fails to perform the Work within the time specified or any written extension; and does not cure such failure within a reasonable period of time after written notice. In the event of termination for default, Pueblo Water may purchase replacement Work or Materials, and the Contractor shall reimburse Pueblo Water for any excess costs incurred by Pueblo Water. Pueblo Water shall pay to the Contractor, as full compensation, the unit or prorated Contract Price for the performance and accepted portion of the Work or Materials. Termination for default will result in the removal of the Contractor’s name from the approved Bid list for two (2) years or a different period of time, at Pueblo Water’s discretion.

If, after notice of termination for default, Pueblo Water determines that the Contractor was not in default or that the Contractor’s failure to perform was due to cause beyond the control and without the fault or negligence of the Contractor, the termination shall be deemed “Annulment without Fault of Contractor” per clause above.

V. Force Majeure:

The parties shall not be responsible for any failure or delay in the performance of any obligations under this Contract caused by natural disasters, flood, fire, war or public enemy. (Economic conditions and labor strikes shall not be considered force majeure events.) If a party asserts force majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must provide that the party took reasonable steps to minimize delay or damages caused by the force majeure, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of a force majeure. In the event of a force majeure is declared and in effect for more than ten (10) Days, Pueblo Water may terminate this Contract without any further obligation or liability.

W. Subcontracting and Assignment:

The Contractor shall not assign or subcontract the work, or any part thereof, without the previous written consent of Pueblo Water, nor shall they assign, by power of attorney or otherwise, any of the money payable under the Contract unless written consent of Pueblo Water has been obtained. No right under the Contract, nor claim for any money due or to become due shall be asserted against Pueblo Water, or persons acting for Pueblo Water, by reason of any so-called assignment of the Contract or any part thereof, unless such assignment has been authorized by the written consent of Pueblo Water. In case the Contractor is permitted to assign moneys due or to become due under the Contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of the work.

X. Damages for Breach of Contract:

In addition to any other legal or equitable remedy Pueblo Water may be entitles to for a breach of this Contract, if Pueblo Water terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to Pueblo Water.

Y. Incurring Costs:

Pueblo Water is not liable for any cost incurred prior to the issuance of a legally executed contract and/or purchase order.

Z. Non-Discrimination:

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The Contractor shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, national origin, age or sex.

AA. Taxes:

Pueblo Water certifies that the material covered by this proposal is for its exclusive use in its official capacity and that it is exempt from Federal excise taxes, State and County sales and use taxes. Certificate(s) available upon request.

BB. Access and Security:

Pueblo Water shall provide reasonable means of access to all Pueblo Water locations covered under this Contract if applicable. The Contractor shall comply with all Pueblo Water’s access and building security policies that are available by contacting the Purchasing Department.

CC. Proposal Price:

Estimated proposal prices are not permitted unless specifically requested herein. Bidders are urged to submit prices that reflect accurate and reasonable predictions of costs insofar as possible. Bidders are alerted that Pueblo Water reserves the right to request a Best and Final Offer, any revisions, including costs, will be closely evaluated by the evaluation committee to insure the elimination of any perceived inequities and unacceptable conditions.

DD. Bidding Procedure:

Pueblo Water specifically reserves the right to award a contract based on the low total bid for all items listed on the “Bill of Material”.

EE. Confidentiality/Records Request:

All materials submitted to the Board of Water Works of Pueblo, Colorado (Pueblo Water) are public records. The language on each page containing information the entity or individual does not want disclosed because it is considered confidential commercial or financial information must be identified and marked “Confidential” at the time of submittal. Failure to identify confidential information will result in all unmarked sections being deemed non-confidential and subject to public disclosure. Entire submissions may not be marked as Confidential. Pueblo Water will evaluate the information marked Confidential pursuant to Colorado law in determining whether to deny public disclosure of such information. The final decision as to what information will be disclosed, however, lies with Pueblo Water.

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SECTION IV. – Response Format

The following items are to be included in your proposal, in the order listed. Deviation from this may render your proposal non-responsive.

A. Proposal Acknowledgement

B. Bid Form (Attachment A.)

C. Addendums, if applicable

D. Samples or Product Literature

E. Material Safety Data Sheets, if applicable If this product requires Material Safety Data Sheet literature, the current MSDS, product literature, and any NSF/ANSI 60 or 61 material information must be included with your bid.

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Board of Water Works of Pueblo, Colorado Bid Form Attachment A.

ITB-24-062

ANNUAL CONTRACT – CONSTRUCTION AGGREGATES PICKED UP: Road Base, Bedding Sand, & Sand & Gravel

Contract period 09/20/2024 thru 09/19/25

I.

BEDDING SAND

UNIT PRICE

EST. USAGE

(tons)

TOTAL

PRICE

Picked Up

II.

CLASS 6 (3/4”) ROAD BASE

UNIT PRICE

Picked Up

4,000

III.

MISC. SAND & GRAVEL

UNIT

Concrete Sand/Gravel Mix –Picked Up

GRAND TOTAL

(Section 1, II, III)

Award will be made on an all or none basis for both items shown above. Bidder shall indicate below if a minimum order quantity is required.

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PLEASE STATE THE FOLLOWING:

Manufacturer:

Make/Model:

FOB Destination:

Pueblo Water’s Warehouse, 707 W. 3rd St.

Pueblo, CO 81003

Delivery time required:

Terms of Sale (check all that apply):

Net 15, Net 30, Net 60

Due on Receipt

P-Card

Check/ACH

Are the prices based on a minimum order quantity:

No (check here)

Yes (min.order is):

Exceptions:

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ATTACHMENT B

PROPOSAL ACKNOWLEDGEMENT

The undersigned Bidder warrants that the material or services offered for sale hereunder complies in all respects with the instructions and specifications for said item(s) incorporated herein.

Falsifying this information is cause to deem your proposal nonresponsive and therefore ineligible for consideration. In addition, falsification of this information is cause to cancel a contract awarded based on one or both of the above preferences.

Bidder hereby acknowledges receipt of Addendum No. _________________________

IN WITNESS WHEREOF, this offer is made this ___________ day of ____________, 2024.

Name of Firm

By:

Signature of Authorized Agent Print or type name of authorized agent

Title of Authorized Agent

Whose permanent mailing address is:

Street or P.O. Box City State Zip

Phone Number Fax Number

Email Address

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SAMPLE – ATTACHMENT C.

ACCEPTANCE

The BOARD OF WATER WORKS OF PUEBLO, COLORADO, (PUEBLO WATER), hereby accepts the offer submitted by:

Name of Firm Mailing Address

For:

Name of Material or Service Contract and Term

As submitted at the public bid opening held on:

Day, Month, Date, Year

The Contractor listed above hereby expressly agrees to furnish:

required by Pueblo Water as listed on the Proposal, for the duration of the contract period in accordance with the specifications prepared by Pueblo Water.

Dated at Pueblo, Colorado this day of __________, 2024.

BOARD OF WATER WORKS OF PUEBLO, CO

By __________________________________ Lottie Delgado Procurement Specialist