RFP-Potassium Bldg Watts PS Roof Replc_cjd.pdf

Purchasing Department

Request for Proposal

RFP-25-052

Potassium Building and Watts Pump Station

Roof Replacements for

Treating and Pumping Department Water Quality, Facilities & Maintenance Division

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REQUEST FOR PROPOSALS (RFP)

#RFP-25-052 - Potassium Building and Watts Pump Station Roof Replacements

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

Proposals must be received no later than:

Tuesday, September 2nd, 2025 – 3:00 PM MST

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

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

Whitlock Treatment Plant, 1920 W.11th St.

Pueblo, CO 81003

Watts Pump Station 1500 Watts Pl.

Pueblo CO 81008

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

1. Dial 1-650-479-3208

2. Enter the access number: 26609512619

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

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

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

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

Company Name RFP Title RFP Number Due Date and Time Purchasing Department

Package must include:

• One Original Proposal, identified as “Original”

Deliver proposals to:

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

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Schedule of Events (subject to change) All times are given in local Colorado time RFP Issued August 15th, 2025 Mandatory Pre-Proposal Conference Thursday – August 21st, 2025, at 10:00 AM

Whitlock Treatment Plant – Main Office Second Floor Lunchroom 1920 W. 11th Street – Pueblo, CO 81003

Inquiry Deadline Date Wednesday, August 27th, 2025 – 3:30 PM, MST Proposal Due Date and Time Tuesday, September 2nd, 2025 – 3:00 PM MST Notice of Award (tentative) Wednesday – September 17th, 2025 Project Completion Date Monday – December 1st, 2025

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Table of Contents Section Title Page I. Background, Overview & Goals 5 II. Statement of Work 5-9 III. Special Conditions 9-17 IV. Proposal Submission 18 V. Response Format 18-19

Attachments Section Title Page A. Bid Form 20 B. Proposal Acknowledgement Form 21 C. Sample Acceptance Form 22 D. Attachment A 23-24 E. Attachment B 25-26

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SECTION I. – Background, Overview and Goals

A. Background:

Pueblo Water is seeking services from a qualified and experienced roofing contractor to replace the roofs of two buildings located at different sites.

First Location: The Potassium Building located at the Whitlock Treatment Plant, 1920 W 11th St, Pueblo, CO 81003. This roof has sustained damage from adverse weather events and requires complete replacement of its EPDM roofing system.

Second Location: The Watts Pump Station located at 1500 Watts Pl, Pueblo, CO 81008.

This roof is suffering damage from age-related degradation and also requires a full replacement of its traditional built-up roofing system.

B. Overview:

Contractors shall be qualified and experienced to perform the required services. The roof replacements must meet or exceed Pueblo Water standards as detailed below in Section II, A. Scope of Services.

C. Goals:

The project must be completed in its entirety and workmanship accepted by Pueblo Water Staff by the designated completion date of Monday – December 1st, 2025, at 3:30 PM. All work must be performed during normal Pueblo Water workdays and work hours Monday thru Friday, 7:00 am – 3:30 pm.

SECTION II. – Statement of Work

A. Scope of Services:

Pueblo Water is seeking proposals for a Roof Replacement Contract Agreement as outlined in this Request for Proposal (RFP). The selected contractor will be responsible for replacing the roof of the Potassium Building at the Whitlock Treatment Plant, located at 1920 W 11th St, Pueblo, CO 81003, as well as the roofing system at the Watts Pump Station, situated at 1500 Watts Pl, Pueblo, CO 81008. The contractor must provide all necessary labor, materials, supplies, and equipment to complete the roofing replacements in accordance with the specified requirements.

Pueblo Water will consider proposals for alternative roofing systems, provided they meet or exceed the performance of the specified direct replacement systems. If submitting alternative roofing system proposals, manufacturers’ specifications and product data must be included with the bid package.

A Mandatory pre-construction site visit will be held on Thursday, August 21st, 2025, at 10:00am. All interested contractors should meet at the Whitlock Treatment Plant Lunchroom Office Addition located at 1920 W. 11th St Pueblo, CO 81003. Only Contractors attending this conference will be considered for award of this work.

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A. Potassium Roof Images & Rough Measurements:

See ATTACHEMNT A, A1

B. Watts Pump Station Roof Images & Rough Measurements:

See ATTACHMENT B, B1

C. Scope of Work:

Given the different roofing types and materials required for the two buildings, the following overview outlines the work to be performed. However, this is not an exhaustive list and should not be viewed as all-inclusive. Vendors are required to attend the pre-proposal meeting to take their own measurements.

Remove existing roofing and underlayment to decking •Clean-up and properly dispose of removed roofing materials •Properly prepare the roof deck to accept the new roof & ensure structural stability •Install one layer of ½” fiberboard as a minimum on tar and gravel (built up) roofs and ensure all roof systems drain properly •Install new cant strip around perimeter of parapet walls, as applicable •Install all new pitch pans, pipe jacks, etc.

•Remove and reinstall HVAC equipment, as applicable •Remove and replace lightning system •Remove drip edge and flashing •Install fiberglass base sheet and three additional fiberglass sheets alternated with hot asphalt •Install gravel surface, as applicable •Install new flashing on parapet walls and color match accordingly •Install underlayment as required per material manufacturer •Install new drip edge and flashing •Install new roofing material to manufacturer’s warranty specifications •Install new ribbed metal roofing, as applicable •Clean/wash existing elastomeric roof system, as applicable •Prime elastomeric roof system and patch/repair as required.

•Install elastomeric roof coating to entire building, as applicable •Remove and replace gutters to match existing and include a minimum 25-year color warranty, as applicable •Detach and reset electrical conduit and ensure to Pueblo Water Staff that all systems operate properly •Detach and reset security cameras, lighting, motion sensors, etc. and ensure to Pueblo Water Staff that all systems operate properly, as applicable

D. Service Specifications:

Furnish all labor, material, equipment, implements, parts, and supplies necessary to provide complete and serviceable roofing systems for multiple properties of the Pueblo Water.

E. General Considerations 1.Contractor should bid this project based on their own measurements.

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2.Contractor will comply with all current codes, to include at a minimum, current building and fire codes for Pueblo County, Colorado, as well as all applicable OSHA requirements. Contractor will supply Pueblo Water with Safety Data Sheets for all materials used.

3.Contractor is responsible for all necessary permits. Some buildings require more than just a roofing permit, for example, a mechanical and electrical permit may also be required to complete the work. Contractor proposals shall account for all permits and subcontractors.

4.Contractor to remove abandoned mechanical equipment and properly cover/repair resulting holes.

5.Disposal of waste is the responsibility of the contractor. Contractors provide their own dumpsters and sanitary facilities. Locations of such items shall be coordinated with Pueblo Water.

6.Contractor shall perform daily clean up and removal of construction debris and will perform a final cleaning of all surfaces prior to acceptance of work. Daily clean up to include sweeping and roller magnet.

7.Contractor shall tape/fence off work area and provide proper signage, as needed, to direct foot traffic to maximize the safety of contractor’s employees and Pueblo Water employees. All rooftop barricades are to be inspected daily prior to commencing work.

8.Materials deliveries shall go to the awarded contractor. Pueblo Water will NOT accept deliveries on contractor’s behalf.

9.Work is to be allowed during daylight hours only, 5 days per week M-F excluding holidays.

10.Contractor will provide pricing for each building individually as well as totaling for the entire project the provided bid tabulation sheet.

11.The removal of all existing roof systems shall be coordinated with the installation of the new roof systems to prevent exposure to weather conditions and potential water infiltration into each building.

12.New roof installations shall comply with manufacturers’ requirements pertaining to weather and temperature conditions.

13.Contractor will provide Pueblo Water with a minimum ten (10) year guarantee of workmanship.

14.Contractor shall submit manufacturer’s product data and installation methods for all products to be used before final acceptance is made by Pueblo Water.

15.Contractor is required to furnish submittals for all materials and colors used prior to installation.

F. Inspection:

All work and materials shall always be subject to the inspection, acceptance or rejection of the Engineer or Project Representative for Pueblo Water.

G. Defective Work:

The Contractor shall remove, at his own expense, any Work condemned by the Pueblo Water Representative and shall rebuild or replace the same without extra charge. Any omissions or failure on the part of the Pueblo Water Representative to disapprove or reject any Work or material shall not be construed to be an acceptance of any defective Work or material.

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H. Final Clean-Up:

Upon completion of the work contractor shall remove and completely dispose of all refuse material and leave the work area in a neat and clean condition. All sidewalks, driveways, curb and gutters shall be swept after completing roof installations. This work shall not be paid for separately but shall be included in the unit price. All excess materials shall be disposed of by approved means and complying with all local, state and federal codes, ordinances and laws. This work shall be included in the unit price of the Roofing Project.

I. Miscellaneous:

Portable Toilets: Portable (mobile) shall be supplied at work site locations for the duration of the project. These toilets shall be maintained by a professional portable toilet vendor on a weekly basis at a minimum. These toilets shall not be paid for separately but should include the unit cost for work being performed. No additional payment shall be authorized for these items.

J. Warranty Requirements:

The contractor shall be responsible for a period of a 10-year workmanship warranty and the standard manufacture warranty for parts and materials from the date of final acceptance by Pueblo Water of the work covered by the contract. The contractor shall undertake with due diligence to make the aforesaid repairs and/or replacements within ten (15) calendar days after receiving written notice that such repairs or replacements are necessary. If the contractor should neglect to begin such repairs or replacements within this period or in case of emergency, where, in the judgment of the Pueblo Water, delay would cause serious loss or damage, the repairs and/or replacements may be pursued by the Pueblo Water charged back to the contractor.

K. Pricing and Expenses

Pricing will be a factor in contractor selection.

•Contractors shall provide a total price, per facility, followed by grand total price that is easy to identify and read on provided bid tabulation sheet.

L. Exclusions:

Pueblo will be responsible for asbestos testing through a qualified contractor and will share the results prior to the commencement of the project.

M. Definitions:

“Pueblo Water” shall mean the authorized officials of the Board of Water Works of Pueblo, Colorado.

“Contractor” shall mean Party of the Second Part or his authorized representatives. If the Contractor is a corporation, the words “he”, “him”, “his”, wherever they refer to the Contractor shall be read as “it” or “its”.

Direct any questions regarding these specifications to Lottie Delgado, Procurement Specialist, (719) 584-0201 or Candelario J (CJ) Estrada, Treating and Pumping Supervisor, (719) 671-8089.

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N. Period of Award:

The effective date of providing the required product and services shall be from September 17th, 2025, through December 1st, 2025.

O. Minimum Mandatory Qualifications of Contractor:

The contractor shall have a minimum of 5 years’ experience in commercial roofing.

The Contractor shall provide a listing of five (5) projects completed to include the name of the project or entity, contact name, and contact information.

List any experience working with Pueblo Water.

SECTION III. – Special Conditions

A. Issuing Office:

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

B. Official Means of Communication:

All official communication from Pueblo Water to Bidders will be via postings on an electronic solicitation notification system, the Rocky Mountain Bid System (www.rockymountainbidsystem.com). The Procurement Specialist will post notices that will include, but not be limited to, any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the award.

It is incumbent upon Bidders to monitor the Rocky Mountain Bid System carefully and regularly for any such postings. In addition, communications may be sent to attendees of the pre-proposal conference, if any, via email.

C. Inquiries:

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

E-Mail: purchasing@pueblowater.org

Subject Line: RFP-25-052 - Potassium Building and Watts Pump Station Roof Replacements

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

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

D. Hold Harmless and Indemnification:

Successful bidder (Contractor) agrees to defend and hold harmless the Purchaser, its customers

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 10 and users of the material provided, against all loss, expense and damages, arising from bodily injury to any person, including death there from, and damage to property caused by any defective products supplied hereunder by the negligence or by the willful acts of Contractor, its agents or employees engaged in the manufacture, installation, delivery, erection, repair or operation of any equipment or material covered hereunder.

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

E. Insurance:

Commercial General Liability. This insurance shall be written on a commercial form and shall protect the Contractor against all claims arising from injury to persons other than his employees or damage to property of Pueblo Water or others arising out of any act or omission of Contractor, his agents, employees, or subcontractors. This coverage form will provide protection against all claims insured by usual personal injury liability coverage, will provide for a per project aggregate, and will provide for contractual liability assumed by Contractor under the "Indemnification" section, and “Completed Operations and Projects Liability” coverage. To the extent that Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the commercial general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of building, or damage to underground property.

Limits of liability shall be not less than:

General Aggregate -- $2,000,000 Products - Comp/OP Agg. --$2,000,000 Personal & Adv. Injury -- $1,000,000 Each Occurrence --$1,000,000 Fire Damage (Any one fire) -- $ 50,000 Medical Expense (Any one person) -- $ 5,000 Automobile Liability. This insurance shall be written to provide coverage for any auto, owned, leased by, hired, or used by the Contractor or its employees and shall protect Contractor against all claims for injury to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use.

Limits of Liability shall be not less than:

Combined Single Limit -- $1,000,000 per accident Umbrella Excess Liability. This insurance shall protect Contractor against all claims in excess of the limits provided under the Worker's Compensation/Employer's Liability, Commercial General Liability and Automobile Liability policies.

Limits of Liability shall be not less than:

Umbrella Excess Liability -- $1,000,000 Worker's Compensation and Employer's Liability. This insurance shall protect Contractor against all claims under applicable State Worker's Compensation laws.

Limits of Liability shall be not less than:

Worker's Compensation -- Statutory Employer's Liability Each Accident -- $100,000 Disease-Policy Limit -- $500,000 Disease-Each Employee -- $100,000 or an amount necessary to comply with Umbrella Excess Liability requirements.

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This coverage shall include all of the Contractor's employees, including the owner(s).

In every case, the insurance coverage shall amount to at least the limits stated above. However, where the Financial Compulsory Insurance laws of the State of Colorado require higher limits, the Automobile Liability Insurance policy shall provide coverage of at least those limits.

Coverage and limits enumerated in this insurance provision represent only the minimum insurance required by Pueblo Water, and Contractor should rely on its expertise to obtain any additional insurance coverage needed for Pueblo Water and the Contractor in its performance hereunder.

Said Contractor Commercial General Liability Insurance and said Automobile Liability Insurance shall include coverage of the contractual liability assumed by Contractor under Section C.0614-Indemnification and shall name Pueblo Water as additional insured on the Commercial General Liability Insurance.

Any Subcontractor shall be required by the Contractor under the terms of the subcontract to obtain insurance coverage to that specified in Paragraph A. Limits of coverage shall be subject to agreement between Contractor and subcontractor.

With respect to workers’ compensation and employer’s liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, and all other liability insurance specified herein to be provided by Contractor, Contractor shall require its insurance carriers to waive all rights of subrogation against Owner, Engineer, and their respective officers, directors, partner, employees, and agents.

F. Modification or Withdrawal of Proposals:

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

G. Changes Clause:

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

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

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

H. Inspection:

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

I. Acceptance:

A proposal submitted in response to this RFP shall constitute a binding offer. The autographic signature of a person who is legally authorized to execute contractual obligations on behalf of the Bidder shall indicate acknowledgment of this condition. A submission in response to this RFP acknowledges acceptance by the Bidder of all terms and conditions as set forth herein. A

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Bidder shall identify clearly and thoroughly any variations between its proposal and the RFP in the cover letter. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

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

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

J. Invoice and Payment:

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

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

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

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

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

K. Exceptions:

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

L. Estimate of Quantities/Amounts:

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

Additionally, any items not specifically listed but required for successful completion of the scope of work must be provided by the awarded vendor at a discounted rate, in recognition of their status as the current contract holder.

M. Over shipment:

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

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

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

O. Protested Solicitations and Awards:

Any actual or prospective Contractor who is aggrieved in connection with either the solicitation mailto:accounting@pueblowater.org

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 13 or award of a contract may protest in writing to the Procurement Specialist. The protest shall be submitted within three calendar days after such aggrieved person knows, or reasonably should have known, of the facts giving rise thereto.

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

P. Confidential/Proprietary Information:

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

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

Q. Informalities and RFP Cancellation:

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

R. Negotiation of Award:

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

S. Annulment Without Fault of Contractor:

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

U. Notice to Cure:

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

V. Termination for Default:

Pueblo Water may terminate this Contract for default if Pueblo Water in its sole discretion determines that the Contractor has failed to comply with the Contract Documents; fails to make progress, so as to endanger performance; acts or fails to act so that it reasonably appears Contractor’s future performance is uncertain; or fails to perform the Work within the time specified or any written extension; and does not cure such failure within a reasonable period of time after written notice. In the event of termination for default, Pueblo Water may purchase

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 14 replacement Work or Materials, and the Contractor shall reimburse Pueblo Water for any excess costs incurred by Pueblo Water. Pueblo Water shall pay to the Contractor, as full compensation, the unit or prorated Contract Price for the performance and accepted portion of the Work or Materials. Termination for default will result in the removal of the Contractor’s name from the approved Bid list for two (2) years or a different period of time, at Pueblo Water’s discretion.

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

W. Force Majeure:

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

X. Subcontracting and Assignment:

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

Y. Use of Colorado Labor: (PROJECTS TO EXCEED $150,000)

This contract is subject to the provisions of Colorado Revised Statutes (C.R.S.) Sections 8-17- 101 through 107, which provide in part as follows:

Whenever any public works project financed as a whole or in part by funds of the state, counties, school districts, or municipalities of the state of Colorado are undertaken in this state, Colorado labor shall be employed to perform at least eighty percent of the work. The governmental body financing a public works project shall waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor to perform the work of the project and if compliance with this article would create an undue burden that would substantially prevent a project from proceeding to completion.

"Colorado labor" means any person who is a resident of the state of Colorado, at the time of the public works project, without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide occupational qualification. A resident of the state of Colorado is a person who can provide a valid Colorado driver's license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days.

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The successful bidder will be required to submit to the Engineer, at the preconstruction conference, a certified statement that the bidder is able to and will comply with the above-mentioned sections of the Colorado Revised Statutes.

Z. Safety and Protection:

a) Provide and maintain proper protection for all material and equipment, including material and equipment furnished to the Contractor by Pueblo Water. The Contractor shall protect exterior surfaces of Board property against any defacement that would detract from its appearance.

b) Provide all necessary safeguards to protect persons and property generally, and particularly Pueblo Water’s operating property, since no interruption of water service is permissible, except as expressly authorized by Pueblo Water.

c) Upon completion of the Work, make good all damages, leaving the site in a clean and orderly condition.

d) Always maintain safe conditions in the various Work areas and install barricades and warning devices where required.

AA. Procedure for Price Adjustments:

In the event of a price increase due to tariffs, supply chain disruptions, or other unforeseen market conditions, the vendor must provide supporting documentation, including references to relevant indices such as the Consumer Price Index (CPI) or Producer Price Index (PPI), to justify the adjustment including but not limited to delivery, materials, transportation, labor, unforeseen statutory or regulatory mandates, or other impacts. Pueblo Water will require a comprehensive breakdown detailing the price increase and impact on the finished product as well as official importer receipts or customs documentation showing proof of payment and transaction date.

Pueblo Water, at its sole discretion, shall have the right to approve or deny the request based on the demonstration of the direct impact of the increase for the specific goods or components being purchased under this contract and shall have the right to renegotiate pricing or seek alternative suppliers. Pueblo Water has the right to require additional documentation and evidence from the vendor pertaining to the requested increase, and the vendor must comply with Pueblo Water’s request. Failure to provide the requested documentation, denial of the request, or failure to renegotiate pricing shall deem the contract noncompliant and subject to Section V. Termination for Default. Increases solely to increase profit margins shall not be considered. If an increase is requested, no additional increases shall be accepted for a period of 6 months. Otherwise, all required documentation shall be provided within 30 days of request.

The vendor must clearly identify any components within their bid proposal that are subject to tariffs or potential price increases. For transparency, the vendor must provide the associated cost values as of a date no later than five (5) business days after the bid opening. Supporting documentation demonstrating the basis for these cost values must also be included. Any subsequent price adjustments must be justified with verifiable evidence and, where applicable, aligned with recognized economic indices.

If market conditions result in a price decrease, the vendor must adhere to the revised pricing and pass the reduction along to the purchaser within 30 days for all orders on the effective date of the decrease and thereafter. Periodically throughout the term of the contract, Pueblo Water shall have the right to conduct market research, review pricing indexes, and use other resources to review and verify contract pricing, vendor requested increases, and vendor provided information.

Pueblo Water will only consider price adjustments to contracts that are stated as a 6 month or

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 16 longer contract. Contracts awarded as a “supply of” contract will not be considered for price adjustments as the vendor should stipulate required timeframes for orders to hold prices on these types of bids. Pueblo Water will consider all price adjustments to be a pass-through cost from the vendor, with no added profit or markup to the vendor for additional costs stemming from tariffs, supply chain disruptions, or other unforeseen market conditions.

BB. Liquidated Damages:

Time is an essential condition of the contract. Should Contractor fail to complete the Work by the “Work Completion Date” shown in the proposal, Contractor shall pay to Board, as liquidated damages and not as a penalty, $400.00 per day of default unless the Contract Time is extended by Board.

In the event the Contractor is delayed in the prosecution and completion of the Work because of any delays caused by Pueblo Water or Engineer, the Contractor shall have no claim against Pueblo Water or Engineer for damages or contract adjustment other than an extension of the Contract Time and the waiving of liquidated damages during the period occasioned by the delay.

Pueblo Water shall have the right to deduct the liquidated damages from any money in its hands, otherwise due, or to become due, to Contractor, or to sue for and recover compensation for damages for nonperformance of this contract within time stipulated.

CC. Damages for Breach of Contract:

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

DD. Incurring Costs:

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

EE. Non-Discrimination:

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

FF. Taxes:

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

GG. Access and Security:

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

HH. Standard of Conduct:

The successful firm shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary.

Pueblo Water may request the successful firm to immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons:

(1) Neglect of duty.

(2) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 17 or actions or fighting.

(3) Theft, vandalism, immoral conduct or any other criminal action.

(4) Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for Pueblo Water.

Agents and employees of Contractor or Consultant working in Board facilities shall present a clean and neat appearance. Prior to performing any work for Pueblo Water, the Contractor or Consultant shall require each of their employees to wear ID badges or uniforms identifying: the Contractor or Consultant by name, the first name of their employee and a photograph of their employee if using an ID badge. Their employee shall always wear or attach the ID badge to the outer garments.

II. Proposal Price:

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

JJ. Selection of Proposal – Notice of Intent to Award:

All Contractors will be notified in writing regarding the results of the RFP evaluation process.

Upon review and approval of the evaluation committee’s recommendation for award, the Purchasing Department will issue a “Notice of Intent to Award”. The Notice of Intent to Award, by itself, does not create any express or implied property interest or right of any kind in the RFP or a potential contract. Therefore, the apparent successful Contractor shall not rely on that Notice to make commitments of any kind to third parties, not take any action(s) to prepare for or start the performance of the services described in this RFP until a contract is fully executed. If the parties are unable to agree on contract terms, then Pueblo Water may elect to cancel the “Notice of Intent to Award” and make a contract award to the next most responsible and responsible Contractor whose proposal is next most advantageous to Pueblo Water.

KK. Confidentiality/Records Request:

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

LL. Security Background Checks:

All Contractor employees that will perform work under this contract must pass a background check. The contractor must supply Pueblo Water with every employee’s full name, date of birth, last four digits of Social Security number, and driver’s license number. The contractor is responsible for supplying background information in advance. Background checks require two weeks to complete.

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 18

SECTION IV. – Proposal Submission

The following are the response requirements for this RFP. All specific response items represent the minimum information to be submitted. Deletions or incomplete responses in terms of content or aberrations in form may, at Pueblo Water’s discretion, render the proposal non-responsive.

Contractors shall submit in a sealed package:

• One (1) Original Proposal, identified as “Original”

To facilitate the evaluation, the Bidder shall submit and organize all responses in the same order as listed in Section V. Proposals that are determined to be at a variance with this requirement may not be accepted. The Board of Water Works of Pueblo, CO (Pueblo Water) accepts proposals via;

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

Proposals shall be typewritten or written in ink on the form prepared by Pueblo Water. Officials of Corporations shall designate their official title; partners or sole owners shall state. The person signing the bid shall initial all corrections or erasures.

Late proposals will not be accepted. It is the responsibility of the Bidder to ensure that the proposal is received at Pueblo Water’s Purchasing Department on or before the proposal’s opening date and time.

The outside of the package will include the following information:

• Company Name

• RFP Title and Number

• Due Date and Time

• Purchasing Department

It is the policy of Pueblo Water to afford the opportunity for any and every business or Bidder to participate in business dealings with Pueblo Water. These business relationships are based on the premise that Pueblo Water shall not discriminate against any person, regardless of race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age religion or disability.

These instructions, proposal form and specifications have been developed with the hope of raising the standard of purchase negotiations to a satisfactory plane so that all transactions will be mutually satisfactory for all concerned. Your cooperation is invited.

SECTION V. – Response Format

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

A. Cover Letter and Table of Contents Include a cover letter introducing your company, summarizing your qualifications, and detailing any exceptions to this RFP (please note that significant exceptions may make your proposal non-responsive). This letter should also provide principal contact information for this RFP, including address, telephone number, fax number, e-mail, and website (if applicable).

B. Use of Subcontractors/Partners There may be areas for use of subcontractors or partners in this project. If you are utilizing this approach, your proposal must list the subcontractors/partners, their area(s) of expertise, RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 19 and include all other applicable information herein requested for each subcontractor/partner.

Please keep in mind that Pueblo Water will contract solely with your company, therefore subcontractors/partners remain your sole responsibility.

C. Minimum Mandatory Qualifications Include an itemized description of how your company meets each of the minimum mandatory qualifications outlined in Section II, C. Failure to meet or exceed these requirements will disqualify your response.

D. Proposal Acknowledgement

E. Addendums, if applicable

F. Samples or Descriptive Material

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

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 20

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

RFP-25-052 - Potassium Building and Watts Pump Station Roof Replacements

Description Unit Price Total

Potassium Roof Replacement ___________ ___________

Watts Pump Station Roof Replacement ___________ ___________

Grand Total ___________

Pueblo Water reserves the right to award the projects listed above by location (increase or decrease quantities) based on necessity.

PLEASE STATE THE FOLLOWING:

Manufacturer:

Make/Model:

FOB Destination:

Whitlock Treatment Plant, 1920 W.11th St.

Pueblo, CO 81003/ Watts PS 1500 Watts Pl Pueblo

CO 81008

Delivery time required:

Terms of Sale (check all that apply):

Net 15, Net 30, Net 60

Due on Receipt

P-Card

Check/ACH

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 21

SAMPLE – ATTACHMENT C.

ATTACHMENT B

PROPOSAL ACKNOWLEDGEMENT

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

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

Bidder hereby acknowledges receipt of Addendum No. _________________________

IN WITNESS WHEREOF, this offer is made this ___________ day of ____________, 2025.

Name of Firm

By:

Signature of Authorized Agent Print or type name of authorized agent

Title of Authorized Agent whose permanent mailing address is:

Street or P.O. Box City State Zip

Phone Number Fax Number

Email Address

RFP-25-052 – Potassium Building and Watts Pump Station Roof Replacements Page | 22

ACCEPTANCE

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

Name of Firm Mailing Address

For:

Name of Material or Service Contract and Term

As submitted at the public bid opening held on:

Day, Month, Date,…