RFP 24-033 - Fountain Creek Nature Center ADA (Parks).pdf

Request for Proposal #RFP-24-033 Page 1 of 45

Release Date

February 14, 2024

Solicitation Number

RFP-24-033

Solicitation Title

Services to be performed for

FOUNTAIN CREEK NATURE CENTER ADA

El Paso County – Parks and Recreation Department

Responses will be received until 2:00 P.M., MST, Wednesday, March 13, 2024 Electronically through the Rocky Mountain E- Purchasing System

For additional information please contact Andrew Hopmeier, Procurement Specialist Email: AndrewHopmeier@elpasoco.com 719-520-6489

Documents included in this package Request for Proposal Cover Sheet General Terms and Conditions Special Terms and Conditions Scope of Work 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: _______________________________________ Fax: __________________________________________________

Address: ______________________________________________ City/State/Zip: __________________________________________

Contact Person: ________________________________________ Title: __________________________________________________

Email: ________________________________________________ Phone: ________________________________________________

Authorized Representative’s Signature: __________________________________________________ Date: _____________________

Printed Name: _________________________________________ Title: _________________________________________________

Email: ________________________________________________ Phone: ________________________________________________

El Paso County Contracts and Procurement

15 East Vermijo Avenue Colorado Springs, Colorado 80903

REQUEST FOR PROPOSAL #RFP-24-033

COVER SHEET

mailto:AndrewHopmeier@elpasoco.com

Request for Proposal #RFP-24-033 Page 2 of 45

Cover Sheet Page 1

Table of Contents Page 2

General Terms and Conditions Page 3

Special Terms and Conditions Page 9

Specifications Page 19

Fee Schedule Page 26

Contractor Information Page 27

Representative Contact Information Form Page 27

Proprietary / Confidentiality Statement Page 31

No Bid Statement Page 32

Submission Form Page 33

Exhibit 1 – Exceptions Form Page 34

Exhibit 2 – Debarment Certification Page 35

Exhibit 3 – Lobbying Certification Page 36

Exhibit 4 – Non-Collusion Affidavit Page 37

Exhibit 5 – Minimum Insurance Requirements Certification Page 38

Attachment A, Insurance Requirements Page 40

Reference and Instructions Regarding Attachment B, Agreement Page 41

Substitute W9 Form Page 42

REQUEST FOR PROPOSAL #RFP-24-033

TABLE OF CONTENTS

Request for Proposal #RFP-24-033 Page 3 of 45

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

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 original 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

GENERAL TERMS AND CONDITIONS

Request for Proposal #RFP-24-033 Page 4 of 45

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 technical 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 the 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 Contractors may offer a cash discount for prompt payment. Discounts may be considered in determining the lowest net cost for the evaluation of Offers; discounts for periods of less than twenty days, however, will not be considered in making the award. If the Contractor does not enter a percentage discount, 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 http://www.rockymountainbidsystem.com/

Request for Proposal #RFP-24-033 Page 5 of 45 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 Contractors 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 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 Specification’s

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 RFP Number, and the RFP Title. When required in conjunction with the prescribed method of award, the County's Pricing 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, or email will not be accepted unless expressly permitted in the solicitation.

Request for Proposal #RFP-24-033 Page 6 of 45

3.2.3 Contractors which qualify their Offers by requiring alternate contractual terms and conditions as a stipulation for contract award must include such alternate terms and conditions in their Offers. The County reserves the right to declare Contractors’ Offers as non-responsive if any of these alternate terms and conditions are in conflict with the County's terms and conditions, or if they are not in the best interests of the County.

3.3 Late Offers. Offers received after the date and time set for the opening will not be authorized to enter into the electronic lockbox and will be deemed as non-responsive.

4. MODIFICATION OR WITHDRAWAL OF OFFERS

4.1. Modifications to Offers. Offers may only be modified in the form of a written notice on company letterhead and must be received prior to the time and date set for the Offers to be opened. Each modification submitted to the County’s Contracts and Procurement Division must have the Contractor’s name and return address and the applicable Solicitation number and title clearly marked on the face of the envelope. If more than one modification is submitted, the modification bearing the latest date of receipt by the County’s Contracts and Procurement Division will be considered the valid modification.

4.2. Withdrawal of Offers

4.2.1 Offers may be withdrawn prior to the time and date set for the opening. Such requests must be made in writing on company letterhead.

4.2.2 In accordance with the Uniform Commercial Code, Offers may not be withdrawn after the time and date set for the opening for a period of ninety calendar days after the opening. If an Offer is withdrawn by the Contractor during this ninety-day period, the County may, at its option, suspend the Contractor from the bid list and may not accept any Offer from the Contractor for a six-month period following the withdrawal.

5. REJECTION OF OFFERS

5.1. Rejection of Offers. The County may, at its sole and absolute discretion:

5.1.1 Reject any and all, or parts of any or all, Offers submitted by prospective Contractors;

5.1.2 Re-advertise this Solicitation;

5.1.3 Postpone or cancel the process;

5.1.4 Waive any irregularities in the Offers received in conjunction with this Solicitation; and/or

5.1.5 Determine the criteria and process whereby Offers are evaluated and awarded. No damages shall be recoverable by any challenger as a result of these determinations or decisions by the County.

5.2 Rejection of a Particular Offer. The County may reject an offer under any of the following conditions:

5.2.1 The Contractor misstates or conceals any material fact in its Offer;

5.2.2 The Contractor’s Offer does not strictly conform to the law or the requirements of the Solicitation;

Request for Proposal #RFP-24-033 Page 7 of 45

5.2.3 The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Solicitation’s Special Terms and Conditions and/or specifications;

5.2.4 The Offer does not include documents, including, but not limited to, certificates, licenses, and/or samples, which are required for submission with the Offer in conjunction with the Solicitation’s Special Terms and Conditions and/or specifications; or

5.2.5 The Offer has not been executed by the Contractor through an authorized signature on the

Specification’s Cover Sheet.

5.3 Elimination from Consideration

5.3.1 To ensure fair consideration for all Contractors, the County prohibits communication initiated by a Contractor or on a Contractor’s behalf regarding the Solicitation to or with any County official or employee during the submission process, except as expressly set forth in this Solicitation. In addition, the County prohibits communications initiated by a Contractor or on a Contractor’s behalf to or with any County official or employee evaluating or considering the solicitation prior to the time an award decision has been made.

Prohibited communications initiated by a Contractor shall be grounds for eliminating the offending Contractor from consideration for award.

5.3.2 An Offer may not be accepted from, nor any contract be awarded to, any person or firm which is in arrears to the County upon any debt or contract or which is a defaulter as surety or otherwise upon any obligation to the County.

5.3.3 An Offer may not be accepted from, nor any contract awarded to, any person or firm which has failed to perform faithfully any previous contract with the County, state, or federal government, for a minimum period of three years after this previous contract was terminated for cause.

6. AWARD OF CONTRACT. El Paso County and the successful Contractor shall execute the County’s Trade

Contractor Agreement (see Attachment B) to consummate a contract between the parties. This Solicitation and the Contractor’s Offer shall be attached and incorporated as part of that contract.

7. CONTRACTUAL OBLIGATIONS

7.1 Local, State and Federal Compliance Requirements. Successful Contractors shall be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, and laws applicable to, and affected by, this contract including, but not limited to, Equal Employment Opportunity (EEO) regulations, Occupational Safety and Health Act (OSHA), and Title II of the Americans with Disabilities Act (ADA).

7.2 Disposition. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this contract, including any or all of its right, title or interest therein, or its power to execute such contract to any person, company, or corporation, without prior written consent of the County.

7.3 Employees.

7.3.1 All employees of the Contractor shall be considered to be, at all times, employees of the

Contractor, under its sole direction, and not employees or agents of the County. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable, and whose continued employment on County property is not in the best interest of the County. In accordance with the County’s policy

Request for Proposal #RFP-24-033 Page 8 of 45 regarding the use of tobacco products, no employee of the Contractor shall be permitted to use tobacco products when performing work on County property.

7.4 Workers’ Compensation Insurance. Each contractor and subcontractor shall maintain at his own expense until completion of his work and acceptance thereof by the County, Workers’ Compensation Insurance, including occupational disease provisions, covering the obligations of the contractor or subcontractor in accordance with the provisions of the laws of the State of Colorado. The contractor shall furnish the County with a certificate giving evidence that he is covered by the Workers’ Compensation Insurance herein required, each certificate specifically stating that such insurance includes occupational disease provisions and provisions preventing cancellation without ten days’ prior notice to the County in writing.

7.5 Delivery. Prices, quotes, and deliveries are to be FOB destination, freight prepaid, and shall require inside delivery unless otherwise specified in the Solicitation’s Special Terms and Conditions. Title and risk of loss shall pass to the County upon inspection and acceptance by the County at its designated point of delivery, unless otherwise specified in the Special Terms and Conditions. In the event that the Contractor defaults on its contract or the contract is terminated for cause due to performance, the County reserves the right to re-procure the materials or services from the next lowest Contractor or from other sources during the remaining term of the terminated/defaulted contract. Under this arrangement, the County shall charge the Contractor any difference between the Contractor’s price and the price to be paid to the next lowest Contractor, as well as any costs associated with the re-solicitation effort.

7.6 Material or Service Priced Incorrectly. As part of any award resulting from this process, Contractor(s) will discount all transactions as agreed. In the event the County discovers, through its contract monitoring process or formal audit process, that material or service was priced incorrectly, Contractor(s) agree to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance.

8. CONTRACT MODIFICATIONS. Terms and conditions may be added, modified, and deleted upon mutual agreement between the County and the Contractor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities and/or increases or decreases in the time limits for an existing contract. Any and all modifications must be expressed in writing through an Amendment and executed by authorized agents of the County and the Contractor prior to the enactment of such modifications.

9. TERMINATION OF CONTRACT

9.1 Failure to perform. The County may, by written notice to the successful Contractor, terminate the contract if the Contractor has been found to have failed to perform its service in a manner satisfactory to the County as per specifications, including delivery as specified. The date of termination shall be stated in the notice. The County shall be the sole judge of non-performance.

9.2 Reasons other than cause. The County may cancel the contract upon thirty days’ written notice for reason other than cause. This may include the County's inability to continue with the contract due to the elimination or reduction of funding.

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1. 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 Opening and 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 in its entirety 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 RFP-24-033 will take place VIA TELECONFERENCE on March 13, 2024 @ 2:00 PM utilizing the call-in information below:

Participant-guest login:

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

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

3. Attendee access code: 1234#

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

2. SCHEDULE OF ACTIVITIES: The following activities and dates tentatively outline the process to be used to solicit contractor responses and to evaluate each contractor Response.

February 14, 2024 Release Request for Proposal

February 21, 2024 @ 10:00 a.m. RECOMMENDED Pre-Proposal Meeting February 22, 2024 @ 10:00 a.m. Deadline for Submitting Questions March 13, 2024 @ 2:00 p.m. Response Submission Deadline May 2024 Issue Notice of Intent to Award

3. PURPOSE OF SOLICITATION: El Paso County is issuing this Solicitation for the purpose of entering into a contract for construction services as specified herein from a Contractor(s)that will provide prompt and efficient service to the County for construction of an ADA compliant ramp at the Fountain Creek Nature Center. Although this Solicitation specifies an exact location and timeline for this construction project to be completed, it is understood and agreed that the County may, during the term of the contract, request additional services be performed by the successful Contractor(s) at other locations within El Paso County. This option, if exercised, is the prerogative of the County and shall be honored by the Contractor(s) throughout the contract period. No guarantees are made that additional services will be requested.

4. TERM OF CONTRACT: The awarded contract shall commence on May 1, 2024, and shall remain in effect through August 1, 2024.

SPECIAL TERMS AND CONDITIONS

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5. PRE-PROPOSAL CONFERENCE AND SITE VISITS ARE RECOMMENDED: A recommended pre-proposal conference will be held on Wednesday, February 21, 2024, at 10:00 am at the Fountain Creek Nature Center located at 320 Peppergrass Lane, Fountain, Colorado 80817. A representative of the Contractor is encouraged to attend this conference to become familiar with the Specifications.

6. LOCATION AND HOURS OF WORK: The work described in this Solicitation shall be performed at the entrance area of the Fountain Creek Nature Center located at 320 Peppergrass Lane, Fountain, Colorado 80817. The Contractor may work on-site Monday through Friday from 7:00 AM through 7:00 PM. Work after or before these hours may be considered with a written request from the Contractor and written approval by the County Project Manager at least forty-eight (48) hours in advance of work. In addition, on-site work during weekends (Saturday and Sunday) may be considered with a written request from the Contractor and written approval by the County Project Manager at least forty-eight (48) hours in advance of work.

7. 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 Andrew Hopmeier, 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.

8. ON-SITE CONSTRUCTION WORK SHALL BEGIN MAY 20, 2024: The Contractor shall begin on-site construction work on the project on May 20, 2024. Unless explicit instructions are given to the Contractor by an agent of the Contracts and Procurement Division or the County's Project Manager, on-site construction work cannot begin prior to this date. The contractor may commence non-construction work such as material purchasing and material approvals prior to this date.

9. PROJECT SHALL BE COMPLETED BY NO LATER THAN AUGUST 1, 2024: The Contractor shall complete the project by no later than August 1, 2024. All work shall be performed in accordance with good commercial practice and the work schedule and completion dates shall be adhered to by the successful Contractor(s), except in such cases where the completion date 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 and a new completion date can be negotiated. Should the Contractor(s) to whom the contract(s) is awarded fail to complete the work within time required, 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.

10. 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.

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11. METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE: It is the intent of the County to award this Solicitation to the Contractor who receives the highest score when the Responses submitted by interested Contractors 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 particular order:

• References and Experience

• Project Timeline

• Project Approach

• Fee Schedule

A more detailed description of these criteria can be found on Page 23 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.

12. COMPETENCY OF CONTRACTORS - MINIMUM THREE YEARS OF ORGANIZATIONAL AND ADA

PROJECT EXPERIENCE REQUIRED: Pre-award inspection of the Contractor's facility may be made prior to award of contract. Responses will only be considered from firms which have been engaged in the business of performing services as described in this Solicitation for a minimum period of three (3) years as a company prior to the date of this Solicitation. The Contractor shall have experience on projects with ADA requirements, and personnel assigned to the work outlined in this project must each have three (3) years’ experience working on ADA projects. 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. Contractors must be able to produce evidence of their organization working on and completing ADA construction projects. 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, in making the award in the best interests of the County.

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

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14. 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.

15. 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.

16. PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE: Successful contractors that are corporations or limited liability companies will 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.

17. 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.

18. 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. Addenda shall supersede all other Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified. B. Drawings 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 either the drawings or Specifications as specified, it shall be implied that such omissions are contained in both the drawings and the Specifications as necessary for the proper construction of the work herein specified. Should any error or disagreement between the Specifications and drawings 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.

19. WARRANTY SHALL BE FOR ONE YEAR: In addition to all other warranties that may be supplied by the

Contractor, the Contractor shall warrant its product and/or service against faulty labor and/or defective material for a minimum period of one year after the date of acceptance of the labor, materials and/or equipment by the County. This warranty requirement shall remain in force for the full period identified above, regardless of whether the Contractor is under contract with the County at the time of defect. Any payment by the County on behalf of goods and services received from the Contractor does not constitute waiver of these warranty provisions.

20. PROJECT MANAGER SHALL BE SUPPLIED BY CONTRACTOR: The successful Contractor shall employ a competent project manager who shall be in attendance at the project site during the progress of the work.

The project manager shall be the primary representative for the Contractor and all communications given to, and all decisions made by, the project manager shall be binding to the Contractor. Notwithstanding, the project manager shall be considered to be, at all times, an employee of the Contractor under its sole direction and not an employee or agent of the County.

21. 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.

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

23. 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. All materials, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager.

24. SHIPPING TERMS - FOB DESTINATION: All Contractors shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative.

25. DUPLICATE SHIPMENTS ARE NOT ALLOWED: The County will not accept duplicate shipments of items. If the contractor sends duplicate shipments to a County location, the Contractor shall either retrieve the items at no cost to the County or allow the County to retain the items at no cost to the County.

26. DEFICIENCIES IN WORK TO BE CORRECTED BY CONTRACTOR: The successful Contractor shall promptly correct all deficiencies in service and/or any service that fails to conform to the Contract Documents.

All corrections shall be made immediately after such deficiencies and/or non-conformances are verbally reported to the Contractor by the County's Project Manager. The Contractor shall bear all costs of correcting such rejected services. If the Contractor fails to correct the service 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.

27. MATERIAL PRICED INCORRECTLY: As part of any award resulting from this process, Contractor(s) will discount all transactions as agreed. In the event the County discovers, through its contract monitoring process or formal audit process, that material was priced incorrectly, Contractor(s) agrees to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance.

28. ADDITIONAL SERVICES MAY BE PURCHASED DURING CONTRACT PERIOD: Although this Solicitation specifies an exact location where construction work is 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 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.

29. 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.

30. MINIMUM WAGES BASED ON THE DAVIS BACON ACT: Since this Solicitation is made in conjunction with federal funding, the wage rate paid to all classifications or employees of the Contractor for work under the awarded contract shall not be less than the prevailing wage rates for similar classifications of work in the Metro Denver, Colorado area, as established in the Federal Area Wage Decision by the United States Department of Labor. Additionally, all federal regulations and statutes adopted by the US Department of Labor as a result of the Davis Bacon Act shall prevail during the term of the awarded contract.

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

A. Federal Compliance - This Solicitation will be funded, in whole or in part, with an award of federal funds.

Contractor 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, Contractor 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, Contractor 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 Contractor 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, Contractor must file the required certification with the County that it will not and has not used Federal appropriated funds received by the Contractor 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. Contractor 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). Contractor 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.

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7) Equal Employment Opportunity. If this Agreement is a construction contract Contractor 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, Contractor 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.

32. METHOD OF PAYMENT - MONTHLY INVOICES: The successful Contractor(s) shall submit monthly invoices by the tenth day of each month. These invoices shall be submitted to the County's Project Manager. The invoice shall reflect the appropriate Purchase Order number, the service location(s) and the type of service provided to the County in the prior month.

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

34. PERFORMANCE BOND BASED ON A PERCENTAGE OF THE OFFERED PRICE: The Contractor to whom a contingent award is made shall duly execute and deliver a Performance and Payment Bond to the County in an amount that represents 100% of the price offered by the Contractor.