IFB-25-072 Electronics Dismatle and Recycling.docx

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

INVITATION FOR BID #IFB-25-072

COVER SHEET

Release Date

September 10, 2025

Solicitation Number

IFB-25-072

Solicitation Title

Services to be performed for

EL PASO COUNTY ELECTRONICS DISMANTLE AND RECYCLING

El Paso County Community Resources Department — Environmental

Electronically through the Rocky Mountain E-Purchasing System

Associate Procurement Specialist Email: arronbermea2@elpasoco.com 719-520-6489

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 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.

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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 inviting competitive bids from qualified and experienced contractors to provide end-of-life electronic device dismantling, demanufacturing, recycling (e-waste), and disposal services.

Each year, the County collects approximately 400,000 pounds of e-waste. The County seeks detailed pricing and service information from potential contractors, covering labor, transportation, collection receptacles, and necessary supplies for dismantling, demanufacturing, and recycling electronic devices.

TERM OF CONTRACT: The awarded contract shall commence on January 1, 2026, and shall remain in effect through August 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 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 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.

EXAMINATION OF CONTRACT DOCUMENTS IS RECOMMENDED: Prior to the submission of its Response, the Contractor is advised to become familiar with the Project and all project documents. The Contractor is also advised to carefully examine the requirements outlined in the Specifications, as they may affect the requirements of the Contractor. It is not the intent of this IFB 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 Contractor is expected to carefully examine the size and scope of the proposed work prior to submitting its Response. The Contractor certifies that it has examined the location of the proposed Work and is familiar with the drawings and the specifications, and all contract documents related thereto.

RESPONSE TO QUESTIONS: Questions which arise during the Response preparation period regarding issues around this Solicitation, purchasing, and/or award should be directed electronically, via the Rocky Mountain E-Purchasing system, to Arron Bermea, Associate Procurement Specialist, Contracts and 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).

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). Contractors must ensure that their software, products, services, and documents are accessible. Additionally, contractors should include any Voluntary Product Accessibility Template (VPAT), Accessibility Conformance Report (ACR), or other Accessibility Statements relevant to their offerings. Contractors have the option to provide a recording demonstrating conformance, test results, or an agreement to remediate their technology to meet accessibility standards.

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SUMMARY OF WORK / SPECIFICATIONS

El Paso County is soliciting responses from qualified, experienced, and professional contractors to provide end-of-life electronic device dismantling, demanufacturing, recycling (e-waste), and disposal services.

The purpose of this Invitation for Bid (IFB) and any resulting Services Contract is to secure a contractor to assist the County with the collection, consolidation, transportation, and environmentally responsible dismantling, demanufacturing, recycling, and disposal of e-waste. Unless explicitly authorized by the County, no e-waste covered under this IFB may be refurbished, reused, donated, resold, or otherwise reprocessed, except for disassembly for the purpose of recycling into new products in full compliance with all local, state, and federal regulations. The County collects e-waste as defined under the Colorado Universal Waste Rule 6 CCR 1007-2, and 6 CCR 1007-3 Part 273, and disposes of it in accordance with Colorado Senate Bill 12-133.

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 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 the 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 Contractor.

The successful Contractor 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

In Colorado, electronic waste recycling is regulated to protect the environment and public health. Under the Colorado Universal Waste Rule (6 CCR 1007-2) and 6 CCR 1007-3 Part 273, certain electronics are classified as "universal waste" and must be handled responsibly. Senate Bill 12-133, passed in 2012, bans many electronics from landfills and requires recycling through certified programs. These laws aim to prevent toxic substances like lead and mercury from polluting the environment while promoting the reuse of valuable materials.

II. REQUIRED DOCUMENTATION

Failure to provide the 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.

· Contractor Information Form

· Proprietary / Confidential Statement

· Submission Form

· Exhibit 1 – Exception Form

· Exhibit 2 – Lobbying Certification

· Exhibit 3 – Non-Collusion Affidavit

· Exhibit 4 – Minimum Insurance Requirements

· Addendum(s) Acknowledgement, if applicable

· e-Steward and/or R2 certification

· Environmental Protection Agency (EPA) Generator ID number

· Attachment C – Bid Form

III. SCOPE OF WORK

A. Basic Services The Contractor shall provide the following services as part of the El Paso County Electronics Recycling Program:

1. Collection and Transportation: The Contractor will collect and transport e-waste from various locations throughout the County as specified.

2. Dismantling, Remanufacturing, Recycling, and Disposal: The Contractor is responsible for ensuring that all e-waste is dismantled, remanufactured, recycled, and/or disposed of in accordance with the specifications outlined in this IFB.

3. Collection Receptacles and Equipment: The Contractor will provide all necessary collection receptacles and equipment to facilitate the efficient operation of the Electronics Dismantle and Recycling Program.

4. Certificate of Recycling: The Contractor shall submit a Certificate of Recycling for all materials received, ensuring compliance with recycling standards.

B. Services & Locations

1. Community E-Waste The Contractor will provide all necessary equipment (such as cages, gaylords, shrink-wrap, pallets, etc.) for e-waste collection at the El Paso County Household Hazardous Waste Facility (HHWF). El Paso County staff will prepare the e-waste for shipping in accordance with the Contractor's specifications. The Contractor will then transport the e-waste from the HHWF to their designated recycling facility.

· Location: El Paso County Household Hazardous Waste Facility (HHWF), 3255 Akers Drive, Colorado Springs, CO 80922

2. County E-Waste The Contractor will provide recycling and disposal services for El Paso County's own e-waste, which may include, but is not limited to:

· Computer monitors

· Central processing units (CPUs)

· Servers

· Printers

· Stand-alone copy machines The majority of El Paso County's e-waste is located at 325 S. Cascade Avenue, Colorado Springs, CO 80903. Pickup from additional County locations in the Colorado Springs area may be required. County staff will prepare the e-waste for shipping in accordance with the Contractor's specifications, and the Contractor will provide transportation from the specified County location to their recycling facility.

3. One-day Events The Contractor will provide all necessary staff and equipment to offload, collect, accept, transport, and store e-waste collected at one-day events held throughout the County. The Contractor will be required to set up on-site at the specified times for these events. The Contractor must provide a suitable vehicle with a working lift gate, pallet jack, forklift, shrink wrap, and other necessary equipment for handling the e-waste during these events.

· Locations: Specific event locations will be determined by the El Paso County Environmental Services Division Manager or their designee (contract administrator). The Contractor will receive at least 30 days’ notice for any one-day event. The Contractor is expected to participate in approximately three to five (3-5) one-day events annually, which may take place on weekdays or weekends.

This scope of work outlines the Contractor's responsibilities for e-waste collection, transportation, and recycling, ensuring that all activities are performed in a timely and environmentally responsible manner.

IV. CONTRACTOR RESPONSIBILITIES

1. Qualifications To be considered for the award of this contract, the Contractor must meet the following minimum qualifications:

A. The Contractor must be legally organized and equipped to provide the services described in this IFB, with at least two (2) years of experience in a similar scope of work, demonstrating proven effectiveness.

B. The Contractor must be capable of initiating the contract immediately upon award. Proof of readiness may be required, such as documentation of past performance, current resources, and personnel.

C. The Contractor must hold e-Steward and/or R2 certification, with e-Steward certification being highly preferred. Certification documentation must be provided with the bid submission.

D. The Contractor must provide all necessary shipping documentation, including manifests, bills of lading, and other required papers for the proper transportation, dismantling, recycling, and disposal of materials collected from El Paso County.

2. Responsibilities Under the terms of this IFB, the Contractor is responsible for:

A. Maintaining regular communication with the contract administrator.

B. Ensuring e-waste pickup occurs within five (5) working days of notification from the contract administrator.

C. Manage all e-waste in compliance with applicable local, state, and federal laws related to transportation, storage, dismantling, demanufacturing, recycling, and disposal.

D. Prohibit the reuse, refurbishment, sale, or donation of any e-waste collected from El Paso County.

E. Maintain detailed records of dismantling, demanufacturing, recycling, and disposal, including types and quantities of e-waste handled.

F. Obtaining and maintaining all required licenses or permits for the performance of services.

G. Provide all necessary equipment, tools, and personnel to fulfill contract requirements.

H. Identify all licensed and permitted facilities used for processing County materials and provide documentation. The County may inspect these facilities during reasonable hours.

I. Designate a primary processing facility and any alternate facilities for e-waste materials.

J. Submit applicable documentation—such as signed manifests, shipping papers, bills of lading, and invoices—via email within 30 days of each pickup.

K. Provide the County with a Certificate of Recycling or Disposal within 180 days of each pickup.

L. Retain and make available all records related to County e-waste upon request.

M. Follow all safety procedures and site-specific safety plans while on County property.

N. Obtain prior written approval before subcontracting any portion of the work. Subcontractors must comply with all terms of this contract.

O. Promptly address any non-compliance issues and maintain professional, timely communication with the contract administrator.

P. Accepting electronic devices for recycling as defined by the State of Colorado Universal Waste Rule 6 CCR 1007-3 Part 273 and 6 CCR 1007-2, including but not limited to items such as:

a. Cathode ray tube (CRT) monitors and televisions

b. Flat panel monitors and televisions

c. Central processing units (CPUs) and peripherals (keyboard, mice, etc.)

d. Peripherals such as keyboards and mice

e. Laptop computers, notebooks, and tablets

f. Printers, facsimile machines (FAX), and scanners

g. Video game consoles

h. Stereo and video equipment (excluding speakers)

i. Digital video disk (DVD), video cassette recorders (VCR), and radios

j. Video display devices with viewing screens over four inches diagonally Q. Physically shred all hard drives and provide a Certificate of Destruction.

R. Weigh vehicles at the certified scale located at 3255 Akers Drive for each HHWF pickup. If that scale is unavailable, use a certified alternative.

S. Process all e-waste at a Contractor-owned and operated facility unless otherwise approved by the County.

T. Use subcontractors and secondary processors who meet the same regulatory standards. Overseas shipping of materials is prohibited unless compliant with U.S. environmental and labor laws and OECD guidelines for hazardous waste.

U. Employing only full-time, properly trained personnel. Subcontracted or temporary labor is not allowed for processing.

V. Maintain documentation of all e-waste activity, including pickup request date.

· Pickup date

· Receiving and inventory control records

· Gross and tare weights

· Itemized invoice by weight and category

· Certificate of Recycling or Disposal

3. Permits, Licenses, and Compliance with Laws The Contractor is responsible for obtaining and maintaining all necessary federal, state, and local permits and licenses at their own expense. The Contractor must also comply with all laws, ordinances, codes, and regulations applicable to the performance of services under this IFB. All applicable permits, licenses, inspections, audits, and application documents must be submitted with the bid.

4. Safety Regulations The Contractor and its employees, agents, representatives, and designees must observe the County’s safety rules and procedures while working under this IFB, including:

a. Personal Protective Equipment (PPE): The Contractor is responsible for providing and ensuring the use of necessary PPE for all employees working on the contract.

b. Good Housekeeping: The Contractor must maintain a clean and organized work area, ensuring proper handling, loading, and transportation of materials. The work area must be free from hazards at all times.

5. Report Submittals All reports and documents prepared by the Contractor under this IFB shall become the property of the County. These reports must be submitted via email to the contract administrator unless a hard copy is specifically requested. The Contractor is prohibited from submitting reports to third parties or regulatory agencies unless directed by the County or required by law.

a. Manifest Report: Provide any waste manifest or shipping papers required by state law, with subsequent copies of the bill of lading or manifest signed by transporters and receiving facilities.

b. Contractor Status Report: A report identifying all downstream vendors used for e-waste processing or sale, including locations, quantities, and processing methods, may be requested by the contract administrator at any time. The report must include verification that downstream vendors comply with the same regulatory standards as the Contractor.

6. Additional Required Information

a. Experience & Qualifications

i. Provide a detailed description of your experience in e-waste dismantling, demanufacturing, recycling, and disposal, including the handling of CRTs, computers, laptops, peripherals, televisions, office equipment, data media, batteries, and other electronic devices. Include the length of experience, qualifications of staff, and availability of specialized equipment and resources. Proposers should demonstrate substantial expertise and proficiency in all areas of e-waste management, including collection, transportation, dismantling, demanufacturing, shredding, recycling, and disposal.

b. Compliance and Regulatory Disclosures

i. If applicable, provide a copy of your certification for handling hazardous waste, demonstrating that your practices, and those of any subcontractors or downstream vendors, are in compliance with the Environmental Protection Agency (EPA) and Colorado Hazardous Waste Regulations (6 Colorado Code of Regulations 1007-3, Part 273), or similar regulations applicable in your state.

ii. Include your Environmental Protection Agency (EPA) Generator ID number and any other relevant certifications.

iii. Provide the date and results of the most recent facility inspection by state regulatory agencies or local zoning, building, and fire departments.

iv. Detail your experience working with regulatory agencies that govern the services under this IFB. If applicable, identify any past instances of noncompliance or enforcement actions involving federal, state, or local laws and regulations. Proposers must document any notices of violation received within the last three (3) years from the EPA, the Colorado Department of Public Health and Environment, or other regulatory bodies. Provide a brief description of the violation, including when and where it occurred, what the violation was, and how it was resolved.

v. Submit copies of all relevant permits, licenses, and your Occupational Safety and Health Administration (OSHA) recordable incident ratings.

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 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 fifty (50) pages. All acronyms in the response must be defined.

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

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

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

The original Offer must be received before the due date and time through an electronic package transmitted through the Rocky Mountain E-Purchasing system. The Contractor 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 Contractors whose submittal is not uploaded prior to the due date and time outlined in the solicitation.

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

The Solicitation Opening for IFB-25-072 will take place VIA TELECONFERENCE utilizing the call-in information below:

Participant-guest login:

3. Attendee Access Code: 1234#

The names of those who submitted a Response are released, and review of the required documentation is conducted. Proposers are NOT required to participate. No in-person entry to our building will be permitted.

To enable the County to conduct a uniform review of the information submitted in response to this Solicitation, 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.

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

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

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

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

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

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

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

F. Provide the completed and signed Cover Sheet G. Addendum(s) Acknowledgement, if applicable H. Submission Form I. e-Steward and/or R2 certification J. Environmental Protection Agency (EPA) Generator ID number K. Attachment C - Bid Form L. Exhibit 1-5 M. Completed W9 N. Certificate of Good Standing from the Colorado Secretary of State O. Universal Entity Identifier (UEI) Number P. Additional Attachments, if applicable

V. ATTACHMENTS:

Attachment A — Insurance Checklist, Minimum Insurance Required Attachment B — Sample of Professional Services Agreement Attachment C — Bid Form

BID FORM

· Submit pricing on the Bid Form titled “Attachment C - Bid Form” provided as an attachment to this solicitation as “Attachment C”.

SPECIAL TERMS AND CONDITIONS

1. METHOD OF AWARD ‑ AGGREGATE: It is the intent of the County to award this Solicitation to the responsive, responsible Contractor who offers all items and whose pricing offers the lowest cost when all items are added in the aggregate and whose Offer will be most advantageous to the County. Notwithstanding, the County reserves the right to alter this method of award if such alteration results in cost savings to the County.

2. ELIGIBILITY OF CONTRACTORS - MINIMUM YEARS OF EXPERIENCE AND OPERATIONAL FACILITIES REQUIRED: Inspection of the Contractor's facility may be made during reasonable hours before award and throughout the active contract. Responses will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services as described in this Solicitation for a minimum period of two (2) years prior to the date of this Solicitation. The Contractors must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract. The term equipment and organization as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the County. The County reserves the right, before awarding the contract, to require a Contractor 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 Contractor, including past performance and experience with the County) in making the award in the best interest of the County.

3. METHOD OF PAYMENT ‑ PERIODIC INVOICES FOR COMPLETED SERVICES: The successful Contractor shall submit an invoice to the County's Project Manager. The invoice shall reference the appropriate Purchase Order number, the service address(s), and a detailed explanation of the work that was performed at the location by the Contractor in conjunction with the corresponding invoice. The periodic invoices shall not exceed thirty calendar days from the date of the service. Under no circumstances shall the invoices be submitted to the County in advance of the service being performed.

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

5. 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.

6. 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.

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

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

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

9. LOBBYING PROHIBITED: Contractors 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. Contractors 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 Contractor’s immediate disqualification from the selection process.

10. CONSIGNMENT OF CONTRACT NOT ALLOWED: Responses will only be considered from firms which are directly engaged in the business of performing the services described in this Solicitation. Accordingly, no part of this contract can be consigned to another 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. CONFLICTS WITHIN THE CONTRACT DOCUMENTS: In the event that conflicts exist within the Contract Documents, addenda shall supersede all other Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified.

13. ELIGIBILITY OF CONTRACTORS: Solicitations will only be considered from firms which are engaged in the business of performing services as described in this Solicitation. The Contractors must be able to produce evidence that they have an established satisfactory record of performance for a reasonable period of time and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract. The term equipment and organization as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the County. The County reserves the right, before awarding the contract, to require a Contractor 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 Contractor, including past performance and experience with the County) in making the award in the best interest of the County.

14. CURRENT LICENSES REQUIRED: Contractor 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 Contractor for failure to obtain required licenses, certifications or fees shall be borne by the Contractor. The County may request the Contractor to provide a current copy of their licenses and certificates prior to award.

15. QUALIFICATIONS OF CONTRACTOR: The County may make such investigations as deemed necessary to determine the ability of the Contractor to perform work, and the Contractor 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 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.

16. PAST PERFORMANCE: The County may evaluate Past Performance with El Paso County or another entity and/or make such investigations as deemed necessary to determine the ability of the 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 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 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.

17. 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.

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. 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.

20. 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.

21. CLEAN UP AFTER PROJECT IS COMPLETED: All unusable materials and debris shall be removed from the County premises. At completion, the successful Contractor shall thoroughly clean up all areas where work has been involved as mutually agreed with the County's Project Manager.

22. 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, 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 Contractor 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 Contractor, its employees, agents or subcontractors, or others for whom the Contractor is legally liable, in the performance of professional services under this Agreement. The Contractor 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.

23. FEDERAL FUNDING: ln the event the agreement will use federal funds, Consultant shall comply with the following:

A. Federal Compliance - This Solicitation will be funded, in whole or in part, with an award of federal funds. Consultant shall comply with all applicable federal laws, regulations, and requirements. These include but are not limited to compliance with the following laws and regulations:

1) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If this Agreement is in excess of $100,000 and involves the employment or mechanics or laborers, Consultant must comply with provisions of 40 U.S.C. 3702, as supplemented by Department of Labor regulations (29 CFR Part 5).

2) Rights to Inventions Made Under a Contract or Agreement. If this Agreement is an agreement with a small business firm or nonprofit organization for performance of experimental, developmental, or research, Consultant must comply with the requirements or 37 CFR Part 401, “Rights to Inventions Made by Nonprofit organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any Implementing regulations issued by the awarding agency.

3) Clean Air Act (42 U.S.C. 7401 – 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). If this Agreement is in excess of $150,000, the Consultant is required to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act as amended (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency of the federal funds for this Agreement and the Regional Office of the Environmental Protection Agency (EPA).

4) Debarment and Suspension (Executive Orders 12549 and 12689). The County is prohibited from entering into this Agreement with a party listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

5) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). If this Agreement is for compensation in excess of $100,000, Consultant must file the required certification with the County that it will not and has not used Federal appropriated funds received by the Consultant to pay any person or organization for influencing or attempting to influence an officer or employee or any agency, a member of Congress, officer or employee of Congress, or an employee or a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Consultant must also disclose to the County any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

6) Procurement of Recovered Material (2 CFR CH. II §200.322). Consultant must 1) comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; 2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and 3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

7) Equal Employment Opportunity. If this Agreement is a construction contract Consultant is required to comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11246, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and Implementing regulations at 41 CFR part 60, “Office or Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

8) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). If this Agreement is prime construction contract in excess of $2,000, Consultant is required to comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

9) Affirmative Action, it is hereby agreed and understood that Section 60‑250.4, Section 60‑250.5 and Section 60‑741.4 of Title 4 of the United States Code, which addresses Affirmative Action requirements for handicapped workers, is incorporated into this Solicitation by reference.

24. FEDERAL REGULATION COMPLIANCE DUE TO THE USE OF FEDERAL DOLLARS: Since the services that will be acquired under this Solicitation will be purchased, in part or in whole, with federal dollars, it is hereby agreed and understood that Section 60‑250.4, Section 60‑250.5 and Section 60‑741.4 of Title 4 of the United States Code, which addresses Affirmative Action requirements for handicapped workers, is incorporated into this Solicitation by reference.

25. 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).

26. VARIATIONS ALLOWED IF INDICATED: For purposes of Response evaluation, 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 Trade Contractor 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.

27. 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…