1. Except as otherwise specifically provided in this RFP, these General Instructions, Terms and Conditions shall govern the procurement of the items specified in this RFP. In the event of a conflict between these General Instructions, Terms and Conditions, Supplemental Conditions or the specifications of this RFP, the order of application shall be the Specifications, Supplemental Conditions and the General Instructions, Terms and Conditions, and Federal Contract Clauses.
2. Proposers shall inform themselves of the conditions of the project site and the requirements of the project’s scope of service before submitting their proposal. No allowances shall be made by reason of any matter or thing concerning which they might not have been fully informed prior to the submittal deadline. No Proposer will be heard after the opening of proposals to assert that there was any misunderstanding as to the nature of the operation expected in this solicitation.
3. The City reserves the right to analyze, examine and interpret any proposal for a minimum period of ninety (90) consecutive calendar days after the scheduled opening date. Proposals may not be rescinded during this period except for good cause and with the written approval of the Purchasing Agent. In those situations, where the analysis/evaluation exceeds the ninety (90) consecutive calendar days, Proposers may withdraw their proposals from consideration.

As used in this RFP, the following definitions apply.

1. "Bid/Project No." means all documents, including those attached or incorporated by reference, issued by the Purchasing Department for soliciting offers to provide goods and/or services to the City.
2. "Bidder/Proposer" means a business that submits a response to a competitive solicitation.
3. "City" means the City of Pueblo, Colorado.
4. "Contract" means any written agreement for the procurement of goods and/or services. A Purchase Order issued as a result of the award of this RFP constitutes a contract. By submitting a proposal, Proposer acknowledges that all terms, conditions, and specifications of this RFP will apply.
5. “Consultant/Contractor” may be used interchangeably with "Vendor/Supplier" meaning a Proposer who may be or has been awarded a contract.
6. “Project Manager” means the City Department’s authorized representative assigned to coordinate the contract (purchase order) and all related items for this project.
7. "Purchase Order" means a document issued by the Purchasing Department directing the Contractor to deliver goods and/or services. The Purchase Order constitutes a contract between the City and Contractor and shall contain all terms, conditions, and specifications from this RFP by reference.
8. "Purchasing Agent" means the person charged with the responsibility of directing the Purchasing Department. (Used interchangeably with Purchasing Director.)
9. "Responsible Proposer" means a business which has the capability in all respects to perform fully the contract requirements set out in the competitive solicitation, and the integrity and reliability which will assure good faith performance, and who has not violated or attempted to violate any provision of law or ethical conduct. Factors which may be considered in determining the Proposer’s capability to perform are, among others, its financial resources, production or service facilities, service reputation and experience. Material failure to perform on one or more previous City contracts or purchase orders is also reason to consider a vendor non-responsible.
10. "Responsive Proposal" means a written offer to furnish goods in conformity with standards, specifications, terms, conditions, and all other requirements established in a competitive solicitation.
11. “Successful Proposer” means the lowest Responsible and Responsive Proposer to whom the City, on the basis of its evaluation, makes an award. A Successful Proposer does not become an awarded Contractor until a purchase order is signed and released by the City’s Purchasing Agent.

1. Submission: All proposals must be submitted electronically on the City's e-procurement portal which may be accessed via the Purchasing Department's website or at https://procurement.opengov.com/portal/pueblo. It is the responsibility of the Proposer to submit sufficient additional information to allow for a thorough evaluation of the proposal submitted.
2. Unit Prices:The unit price for each item offered shall be shown unless otherwise specified. In the case of a discrepancy between the unit price and the extended price, the unit price will prevail in determining the price used for evaluation. Unit prices offered should be for the units specified.
3. References:The City of Pueblo may request a list of at least three references from other companies for which the Proposer has provided same or similar goods and/or services. Contractor’s history, personnel, references, quote, and any other information that becomes available to the City may be utilized as determining factors toward award.

1. 1. The City reserves the right to investigate the references and the past performance of any Proposer with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. The City may postpone the award or execution of the contract after the announcement of the apparent successful Proposer in order to complete its investigation. The City reserves the right to reject any proposal response or to reject all proposal responses at any time prior to the City’s execution of contract, upon good cause and upon the City’s finding that it is in the City’s best interest.

4. Delivery Time/Scheduled Service Time: Delivery time stated in the specifications shall apply. Deviations by the Proposer must be stated as a specification exception, in the Vendor Questionnaire. Time, if stated in number of days, will be consecutive calendar days.
5. Payment Terms: Terms of less than thirty (30) days will not be considered. The discount term shall not begin until the goods and/or services have been delivered and accepted and the correct invoice received in the City’s Accounts Payable Office.
6. Freight Policy: Freight will be F.O.B. Destination, Freight Prepaid, unless otherwise specified in this RFP. Exceptions to this policy will not be considered.
7. Taxes: The City is exempt from Federal, State and Local taxes; however, the successful Proposer is subject to such taxes on materials used in performing this contract and may not be exempt from such taxes.
8. New Material, Etc.: All materials, supplies, equipment, and vehicles specified in this RFP shall be new, the latest in production and manufactured within the last twelve (12) months (computed from the date and time of offer opening) unless otherwise indicated. This does not apply to materials, supplies, equipment, or vehicles used by the Contractor to provide the required items of tangible personal property, services, or construction.
9. Warranty:Materials furnished by the successful Proposer shall be accompanied by the manufacturer’s written warranty against defects in quality, craftsmanship, and materials. The Proposer agrees that the items of tangible personal property, services or construction furnished under any contract resulting from this RFP shall be covered by the most favorable commercial warranties the Proposer gives to any customer for such items. Further, the Proposer agrees that the rights and remedies provided in such warranties extend to the City and are in addition to and do not limit any rights afforded to the City by any other clause of this RFP. The Proposer agrees not to disclaim warranties of fitness for a particular purpose of merchantability. Warranties shall become effective at the time of acceptance.
10. Equivalent Bids/Proposals: Where a product is characteristic of a sole manufacturer, or where a brand name is indicated in the specifications, it shall be defined to mean "minimum acceptable level" or "minimum quality required" by the City unless the specifications state that no substitutions or approved equivalents will be allowed. If the Proposer offers an item other than the one specified, which the Proposer considers comparable, the manufacturer’s name and model number of that item must be specified in the RFP and sufficient performance specification and descriptive data provided to permit a thorough evaluation. Failure to provide the appropriate information may result in disqualification of the proposal.
11. Exception to Specifications: Proposers are to state any exceptions taken to this RFP in the Vendor Questionnaire. If no exceptions are stated, the Proposer is required to furnish the items exactly as specified and to comply with all other requirements of this RFP.
12. Patent Indemnity: If any item furnished pursuant to any contract resulting from this RFP shall be covered by any patent, copyright, or application for patent or copyright, the Proposer shall defend, indemnify and save harmless the City from any and all loss, cost or expense or any and all claims suits, or judgments as a result of the use of such item in violation of rights under such patent, copyright, or application for patent or copyright.
13. Confidentiality:Each proposal shall be open to public inspection, except to the extent the Proposer designates trade secrets, or other proprietary data to be confidential. Material so designated shall accompany the proposal and each page shall be clearly marked and readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. The City shall endeavor to restrict distribution of the material designated as confidential to only those individuals involved in the review and analysis of the proposals. Proposer are cautioned that materials designated confidential may nevertheless be subject to disclosure to any citizen under the Colorado Open Records Act (CORA), 24-72-201 to 24-72-309, C.R.S. All Proposals, including attachments, supplementary materials, addenda, etc. shall become the property of the City and will not be returned to the proposer. Proposals that are copyrighted or marked “CONFIDENTIAL” in their entirety will be rejected and not receive consideration for award.
14. Material Safety Data Sheets: Material safety data sheets may be required for all or part of the products included on this RFP to comply with the Occupational Health and Safety Regulation 1910.1200 for general standards on handling hazardous materials. It is the responsibility of the Proposer to make this determination and, if required, a copy of the MSDS must accompany the goods when delivered to the end user. Failure to comply with this requirement may cause the delivery of goods to be rejected and all costs related to such action to be borne by the Proposer.
15. The Confirmation of Offer and Understanding MUST be confirmed by an officer of the company legally authorized to bind the company contractually. Proposer's Confirmation of Offer and Understanding shall serve as acknowledgment that the Proposer is willing to enter into an agreement with the City of Pueblo and be governed by the Terms and Conditions set forth within this solicitation if their proposal is accepted. Proposer acknowledges and accepts that all components of and responses to this RFP will be included in and become a part of the final agreement.
16. Failure to read the RFP and these instructions will be at the Proposer's own risk. Corrections and/or modifications received after the specified solicitation closing time will not be accepted.
17. When approximate quantities or dollar amounts are stated, the City reserves the right to increase or decrease the quantity and/or amount as best fits its needs. No service shall be performed or become due unless a Written Agreement or Purchase Order shall first have been issued by the City’s Purchasing Department.

By submitting its proposal in response to this invitation, the Proposer certifies that:

1. It has not offered, given, or agreed to give to any City employee or former employee, a gratuity or offer of employment to influence the preparation of or recommendation of award of this project.
2. It has not retained a person or solicited or secured a City Contract for a contingent fee.
3. It has not taken any action in restraint of free competitive bidding in connection with this RFP.
4. It has not in any way violated the ethical conduct or other provisions of the City’s Ordinances or Codes.
5. It currently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with its performance of any contract resulting from this RFP.

All proposal solicitation documents are available via the City’s Purchasing Department website at www.pueblo.us/purchasing or the OpenGov portal at https://procurement.opengov.com/portal/pueblo . Any changes or revisions to our published solicitation documents will be through written addendum posted on the OpenGov portal. It is entirely the Proposer’s responsibility to check for any Addenda that may be available.

Addenda Notification. Proposers are required to register for an account via the City's e-Procurement Portal hosted by OpenGov to receive notifications. Once the Proposer has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project.

It is the Proposer’s responsibility to make inquiries concerning this solicitation to obtain clarification of requirements. Should the City omit anything from the RFP which is necessary for a clear understanding of the work, or should it appear that various instructions are in conflict, the Proposer submitting the proposal shall secure clarification from the Purchasing Department by Thursday, November 16, 2023 at 4:00 pm. Questions presented after this time will not be accepted or answered.

Proposers shall submit all inquiries regarding this RFP via the City e-Procurement Portal, located at https://procurement.opengov.com/portal/pueblo. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City e-Procurement Portal. Proposers may also click “Follow” on this project to receive an email notification when answers are posted. It is the responsibility of the Proposer to check the website for answers to inquiries.

The selected Proposer shall be required to enter into an agreement with the City in substantially the same form attached hereto as the City’s Agreement (see ATTACHMENTS - Sample Agreement). The Proposer will be required to comply with all applicable Federal and State Standards, orders, and regulations. Proposers must identify in their responsive submittal any provisions of the contract form that they request be modified, together with the proposed modification language. Proposer's Confirmation of Offer and Understanding shall serve as an acknowledgement that the Proposer is willing to enter into the referenced agreement with the City of Pueblo if their Proposal is accepted.

An initial agreement with the awarded Proposer is anticipated to begin approx. December 1, 2023, and, unless sooner terminated, will terminate in two (2) years. The project may be renewed in three (3) successive one-year periods by a separate written amendment or written notification signed by both parties. 

All prices quoted shall be honored for the initial term of the agreement. Upon renewal, requests for increases in prices may not exceed 1) three percent (3%) or, 2) the prior year's United States Bureau of Labor Statistics Consumer Price Index (CPI), whichever of the two options is lower. Price increases greater than this amount will not be considered unless there is an industry-wide price increase. 

At time of award, the Proposer shall fill out the questionnaire and submit the completed form to the City as part of the agreement whether PERA applies to them or not. In accordance with the PERA form (available at https://www.pueblo.us/DocumentCenter/View/19915/PERA-Form), and if this applies to the Proposer, the Proposer shall reimburse the City for the full amount of any employee contribution required to be paid by the City of Pueblo to the Public Employees’ Retirement Association (“PERA”) for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement.

No Proposal shall be accepted from, or contract awarded to, any person, company or corporation that is in arrears to the City, upon debt or contract or that is a defaulter, as surety or otherwise, upon any obligation to the City, or that may be deemed irresponsible or unreliable by the City. Proposers may be required to submit satisfactory evidence that they have the necessary financial resources and experience to perform and complete the work outlined in this RFP. The City reserves the right to request any additional information as needed to make a sound evaluation decision.

Proposer acknowledges that as of the solicitation submittal date, neither the Proposer, nor its subcontractor(s), is (1) debarred, suspended, or subject to any proceeding for debarment or suspension with a final determination still pending; declared ineligible or voluntarily excluded (as such terms are defined in any of the Debarment Regulations) from participating in procurement or non-procurement transactions with any Federal, State, or City government department or agency pursuant to any of the Debarment Regulations, or (2) indicted, convicted or had a Judgment rendered against the Contractor, or its subcontractor(s) for any of the offenses listed in any of the Federal, State, or City’s Debarment Regulations and no event has occurred and no condition exists that is likely to result in the debarment or suspension of the Proposer, or its subcontractor(s), from contracting with the City of Pueblo, Federal or State government, or any agency or instrumentality thereof.

In accordance with §1.8 of the Pueblo Municipal Code (entire Code included by reference), all Proposers shall meet and comply with the following provisions which shall be contained in all municipal contracts:

1. The Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. The Proposer will take affirmative action in all areas of employment to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. Areas of employment shall mean and include, but shall not be limited to, the following: initial employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay, terms of compensation and selection for training, including apprenticeship. The Proposer will post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph. Failure to subscribe to and accept the nondiscrimination and equal employment requirements of this Chapter shall render a Proposer ineligible for a municipal contract award and ineligible to participate in the work for which a municipal contract award is made. (§§1.8.3 and 1.8.4 of the PMC; Ord. No. 4479, 5-22-78)
2. Federal requirements govern. Whenever the provisions and requirements of this Section (or in any of the specifications) conflict in any way or to any degree with the nondiscrimination and equal employment opportunity requirements of the United States and any such contract under consideration is funded in whole or in part by the United States or is otherwise subject to requirements having the force of law of the United States, such requirements of the United States shall govern and control. (Ord. No. 4479, 5-22-78)

All costs related to the preparation of the proposals and any related activities are the sole responsibility of the Proposer. The City assumes no liability for any costs incurred by Proposers throughout the entire selection process or should the project be cancelled. Issuance of this RFP does not commit the City of Pueblo to award a contract. The City of Pueblo reserves the right to reject any or all proposals and to re-advertise should the need arise. All proposals will become property of the City.

The City reserves the right to reject a proposal for, including but not limited to, any one or more of the following circumstances:

1. The Proposer has failed to comply with previous contractual commitments or bids to the City.
2. In the opinion of the City, the Proposer is not capable of providing the offered goods and/or services as offered/required by the RFP or is otherwise not responsible.
3. The Proposer has not provided sufficient or detailed information, which allows for the evaluation of the bid/proposal.
4. In the opinion of the City, the offered prices are higher than the prices for which the specified items or services can be purchased on the open market.
5. The Proposer failed to properly fill in any space on the attached forms and/or documents where information or a signature is required.
6. The Proposer failed to submit with their proposal (if required) other material requirements of the RFP or has otherwise submitted a non-responsive proposal.
7. There are unauthorized additions, conditions, alternate bids/proposals, or other irregularities of any kind, which might make the bid/proposal incomplete, indefinite, or ambiguous in meaning.
8. The Purchasing Agent determines that a proposal contains any misrepresentations whatsoever.

Minor or technical irregularities in a proposal may be waived provided there is no effect on price, quality, or quantity. Clerical errors in a proposal may be corrected, if permitted by the Purchasing Agent and are in the best interest of the City.

The City reserves the right to analyze, examine and interpret any proposal for a minimum period of ninety (90) consecutive calendar days after the scheduled opening date. Proposals may not be rescinded during this period except for good cause and with the written approval of the Purchasing Agent. In those situations where the analysis/evaluation exceeds the ninety (90) consecutive calendar days, Proposers may withdraw their proposals from consideration, or may extend their proposal by written approval from the Proposer.

Per City of Pueblo Municipal Ordinance Sections 9-1-2 and 14-4-21, any and all businesses that operate within the City are mandated to be licensed. For questions regarding licensing requirements or to obtain a licensing application please contact the Sales Tax Division at (719) 553-2659. Refer to the Sales Tax Letter in ATTACHMENTS.

Proposer's Confirmation of Offer and Understanding shall serve as acknowledgment that the Proposer has read Section 10 of the attached sample agreement (refer to ATTACHMENTS - Sample Agreement) and agrees that they are in compliance, or will be upon award of the agreement, with these provisions.

Note:  Insurance requirements may be revised based on the award determination and type of service.

By submitting a proposal, the Contractor certifies that it has complied with the United States Immigration Reform and Control Act of 1986. Contractor represents and warrants that to the extent required by said Act, all persons employed by Contractor for performance of this agreement have completed and signed Form I-9 verifying their identities and authorization for employment.

Contractor shall provide a well supervised, trained and fully staffed work force at all times to perform the contracted services in a timely and efficient manner. Contractor shall be responsible for providing acceptable staffing levels and employee supervision to ensure all contracted services are satisfactorily performed in the safest, most cost-effective manner possible.

All contracted services/duties shall be performed as scheduled within a reasonable time as agreed upon by contractor and City, using back-up resources as necessary. Contractor is required to fulfill the contract obligations at all locations as they arise. Continued, documented failure to perform the contracted services will be considered a failure to perform and will lead to contract termination.

Contractor shall designate two people (the primary contact and an alternate) responsible for the project under this contract. The names, addresses, and telephone numbers of such person(s) shall be provided to the City and shall be kept current at all times.

Contractor shall provide all labor, training, supervision, equipment, tools, materials and insurance to perform the services required under this contract in a timely manner. These items shall be furnished by the Contractor at no additional cost to the City.

Contractor shall utilize the most efficient and effective tools and equipment available in the trade in performing the services and tasks identified in this contract. All equipment, tools, supplies and materials shall be of such quality as to pass without objection in the trade and shall meet all current safety, regulatory, finance, security, and environmental standards. Contractor shall regularly inspect all equipment and supplies to ensure each is serviced and maintained according to manufacturer’s schedules and guidelines to ensure safe, efficient operation and effective service results.

1. No Proposer, including the Proposer to whom an award is made shall deliver any item of tangible personal property, commence services or construction, prior to the issuance of a Purchase Order issued by the City Purchasing Department, unless a specific Notice to Proceed has been issued by the City.
2. Cancellation for Non-Delivery/Non-Compliance: The City reserves the right to cancel any services not approved by a guaranteed date stipulated in this RFP or any contract resulting from this RFP without liability on the City's part.
3. Acceptance: Acceptance by the City of any delivery/service shall not relieve the Contractor of any guarantee or warranty, expressed or implied. Such acceptance of delivery shall not be considered an acceptance of services or materials not in accordance with the specifications. Such acceptance of delivery shall not waive the City's right to require replacement of defective material or inadequate service.

1. Prior to Acceptance of Delivery/Service: All items of tangible personal property and/or services shall be provided exactly as offered and may be inspected prior to acceptance of delivery by the City.
2. Inferior Materials, Etc.: All items of tangible personal property, services, or construction found inferior to the quality specified in this RFP, deficient or incorrect in weight, measurement, workmanship, handicraft or otherwise, may be rejected as a whole or in part and then shall be removed by the Contractor at the Contractor's own risk and expense promptly after notice of rejection. The Contractor shall assume responsibility for taking the necessary action to correct or replace the rejected items, within the time frame specified in the notice of rejection.

The City may evaluate the performance of the Contractor on a regular basis. The purpose of the evaluation is to establish written documentation of the Contractor’s overall performance. Failure to perform in accordance with the terms of one or more contracts or materially unsatisfactory performance of one or more contracts may be justification for disqualifying future bids submitted by the Contractor.

The Contractor shall submit an accurate invoice for each phase or as approved for partial payment by Project Manager. Invoices shall refer to the City’s Purchase Order Number and shall be itemized unless otherwise specified in this RFP. Email invoices to [email protected] and cc to [email protected];invoices mailed or provided to any other entity will result in a delay in making payment. Contractors are encouraged to inquire if payments due are not received within thirty (30) days after delivery of goods/services and submittal of invoice by contacting the City’s Finance Department, Accounts Payable at 719-553-2648.

If, through any cause, the Contractor fails to fulfill the obligations under any contract resulting from this RFP in a timely and proper manner, or if the Contractor violates any of the covenants, agreements or stipulations of such contract, the City shall notify the Contractor of such violations in writing and allow a reasonable time, set out in the notice, to correct the default. If the default is not corrected within the specified time period the City shall have the right to cancel the contract and any or all other current contracts, and, if applicable, to purchase the required goods and/or services from another source or sources. The City shall provide written notice to the Contractor specifying the effective date of cancellation. The notice of cancellation may be contained in the notice of default.

If a contract resulting from this RFP is canceled, the Contractor shall not be relieved of liability for damages caused by its breach of the contract. The City reserves the right to recover such damages, including, but not limited to, any excess cost incurred in having to purchase contract goods/services from other sources by a deduction from an unpaid balance due to the Contractor or any other legal method available. In addition, the Contractor may be removed from the Purchasing Department Vendor List or determined to be ineligible to respond to future solicitations, as being not responsible.

1. The City may terminate any contract resulting from this RFP, at any time, by providing the Contractor with a thirty (30) day written notice of such termination. In such event, the Contractor shall be paid under the terms of the agreement/contract for all goods/services provided to and accepted by the City, if ordered or accepted by the City prior to the effective date of termination.
2. The City may terminate any agreement/contract resulting from this RFP at any time upon written notice and subject to the terms and conditions of the standard form agreement.

Funding for the Contract resulting from this RFP must be appropriated by the City Council for the City’s current fiscal year. Notwithstanding any other provisions in the contract resulting from this RFP, continuation of the contract beyond the end of any fiscal year is contingent upon City Council appropriating necessary funds. If sufficient appropriations are not made, the contract may be terminated at the end of the City’s then current fiscal year upon written notice given by the City to the Contractor. Such termination shall not constitute a default. All payment obligations of the City and all of its interest in the Contract will cease upon the date of termination. The City's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

The City promotes intergovernmental cooperation of purchases. Any state or local governmental agency reserves the option to purchase any and all items from this RFP that are deemed to be in the best interest of the agency if allowed by the Contractor. Other cooperative agencies only have an option to participate off this RFP and will be responsible for providing their own requirements. The City does not in any way guarantee the Proposer any quantities other than those contracted for by the City in the form of the Purchase Order resulting from this solicitation.