25-036-1215 - Public Works Make-Up Air Unit Replacement - IFB.pdf

Procurement

1101 East 2 n d Ave Dura ng o, CO 81301

(970)382 -6433

La Plata County, Colorado

General Services

Invitation for Bids

Public Works Make-Up Air Unit Replacement

Project #: 25-036-1215

Publish Date: August 13, 2025

Bid Deadline: September 10, 2025, 10:00 AM MDT

NOTICE: La Plata County will not be responsible for the authenticity or correctness of any information obtained in any manner other than through the media posted at Rocky Mountain E-

Purchasing System: https://www.bidnetdirect.com/colorado.

https://www.bidnetdirect.com/colorado

Project #25-036-1215

INDEX

Advertisement page 3

Bid Information page 4

Scope of Work page 5

General Conditions page 7

Submittal Requirements page 8

Selection of Contractor/Award of Bid page 9

Awardee Contract Requirements page 9

Bid Sheet page 11 Colorado Open Records Act Notice Acknowledgment and Indemnification form page 14

Local or Regional Preference Certification Statement page 15

Sample - Notice of Award and Independent

Contractor Agreement page 17

The following public notice was published in a newspaper of general circulation as required for this project:

La Plata County, Colorado, Advertisement for Invitation for Bids

General Services

Project #: 25-036-1215

Notice is hereby given that La Plata County is seeking bids from qualified Contractors to furnish and install a new, replacement Indirect-Fired Outdoor Horizontal Make-Up Air Unit and associated components at the Public Works building, located at 1365 S. Camino del Rio, Durango, CO 81303.

Bid submittals must be received by the staff of the La Plata County Procurement Division no later than September 10, 2025, 10:00 AM MDT. Bids must be submitted electronically. Email bids, with the subject line stating “Public Works Make-Up Air Unit Replacement, Project #25-036-

1215” to KHightower@lpcgov.org and SIwanicki@lpcgov.org. Bids received after the deadline will not be considered.

Bidders are invited to attend a public bid opening, which will be conducted through Zoom

Meeting, at the date and time of the bid submission deadline. Also, as soon as practical after the bid deadline, the bids shall be opened and tabulated. The tabulation sheet will be sent to all bidders.

Join Zoom Meeting https://us05web.zoom.us/j/88136726222?pwd=sbGX0LXkpLVo4diUW4Y7erX58g2bVl.1

Meeting ID: 881 3672 6222

Bid specifications and supporting documents can be downloaded, at no charge, from Rocky

Mountain E-Purchasing System, https://www.bidnetdirect.com/colorado. In order to receive bid specifications, bidders must obtain the documents from the Rocky Mountain E-Purchasing System.

The bids generally shall be awarded by the Board of County Commissioners, County Manager, or

Procurement Manager. It is the bidder’s responsibility to verify the exact date of the award.

This bid will be conducted in accordance with the regulations set forth in the La Plata County

Procurement Code. http://online.encodeplus.com/regs/la-plata-co/doc-viewer.aspx?tocid=092#secid-489

Refer questions regarding this bid opportunity to KHightower@lpcgov.org and

SIwanicki@lpcgov.org.

Publish: August 17, 2025, and August 20, 2025

Distribution of Advertisement:

Original: Contract File

Newspaper: The Durango Herald

Website: BidnetDirect.com mailto:KHightower@lpcgov.org mailto:SIwanicki@lpcgov.org https://us05web.zoom.us/j/88136726222?pwd=sbGX0LXkpLVo4diUW4Y7erX58g2bVl.1 https://www.bidnetdirect.com/colorado http://online.encodeplus.com/regs/la-plata-co/doc-viewer.aspx?tocid=092&secid-489 http://online.encodeplus.com/regs/la-plata-co/doc-viewer.aspx?tocid=092&secid-489 mailto:KHightower@lpcgov.org mailto:SIwanicki@lpcgov.org

BID INFORMATION

1. Submittal specifications and supporting documents can be downloaded, at no charge, from Rocky Mountain E-Purchasing System, www.bidnetdirect.com. In order to receive submittal specifications, respondents must obtain the documents from the Rocky

Mountain E-Purchasing System.

2. Questions regarding this Invitation for Bids (IFB) must be received by close of business no later than seven calendar days prior to the Submittal Deadline; submit questions to:

KHightower@lpcgov.org and SIwanicki@lpcgov.org. Answers to all respondents’ questions or requests for additional information will be issued in the form of an

Addendum. Addenda, if any, may address additions to, deletions from, or changes to the requirements of the project or contract documents. Copies of each Addendum will be posted on the Rocky Mountain E-Purchasing System, www.bidnetdirect.com.

Respondents are advised to monitor the Rocky Mountain E-Purchasing System for any

Addenda that may be posted. Respondents shall acknowledge receipt of each Addendum in their submission, and each Addendum shall be considered a part of the contract documents. Failure to acknowledge receipt of any Addendum issued may invalidate a submission as incomplete.

3. The County will not be responsible for the authenticity or correctness of oral interpretations of the IFB documents, including Addenda, or for information obtained in any manner other than through the media posted at Rocky Mountain E-Purchasing

System. Respondents are expected to examine the Scope of Work and General

Conditions, Addenda (if applicable), and all instructions. Failure to do so will be at the respondent’s risk.

4. All bids shall remain in force for a period of forty-five (45) days after the date of the submittal deadline.

5. The County can participate in State of Colorado cooperative bids/agreements. If submitting a bid against an existing cooperative agreement, please provide contract name and number with your response.

6. Unless otherwise indicated, the prices shown in the bid/proposal shall not include taxes of any kind. La Plata County is exempt from all state taxation including state sales and use tax.

7. The County reserves the right to amend or cancel a solicitation. Any bid response to a solicitation issued by the County may be rejected, in whole or in part, when in the best interest of the County. The County reserves the right to reject any and all bids, to waive any informalities and minor irregularities in bids, and to accept the bid deemed, in its opinion, to be in the best interest of La Plata County.

file://///fs02/ch_home$/HightowerK/RFQs%20IFBs%20some%20POs%20type%20biz/Steve%20-%20Project%20Review%20docs/www.bidnetdirect.com file://///fs02/ch_home$/HightowerK/RFQs%20IFBs%20some%20POs%20type%20biz/Steve%20-%20Project%20Review%20docs/www.bidnetdirect.com

SCOPE OF WORK

La Plata County (County) is accepting bids from qualified Contractors to furnish and install a single, new, replacement Indirect-Fired Outdoor Horizontal Make-Up Air (MUA) Unit and associated components at the Public Works building, located at 1365 S. Camino del Rio, Durango, CO

81303. The current unit is a twenty (20) year old Reznor and has corroded out over time.

The Scope of Work, Specifications, Special Provisions, Bid Sheet, and standards established elsewhere within this IFB provide detailed information about the project.

The Scope of Work includes: removal and disposal of the existing Reznor unit; protection of the exposed opening; furnishing all materials, labor, and equipment necessary to complete the installation of a new indirect-fired outdoor horizontal air handling unit (side discharge); and, all duct work, curbs, connections, controls, gaskets, electrical and mechanical/plumbing connections, fasteners, and testing necessary to provide a complete, expertly installed, reliably functioning product. All lifting equipment, scheduling, and debris removal are the responsibility of the Contractor.

A. Specifications for the new MUA unit are as follows:

a. New Indirect-Fired Outdoor Horizontal MUA Unit to include:

i. Evaporative cooler module with twelve-inch (12”) minimum cooling pad/media.

ii. Stainless steel sump, pump, and auto drain kit.

iii. 15,000 CFM capacity.

iv. 460V, 3-phase electrical.

v. Two-inch (2”) permanent aluminum media filters.

vi. Unit-mounted controls integrated with existing exhaust fan and carbon monoxide detection system for air evacuation.

vii. Natural gas operation with modulating gas valve, power burner, and discharge air temperature control.

viii. Curb adapter or new curb as required.

ix. Discharge ductwork adapted to current opening, including gasket or seal as required.

x. Controls – replace heat/cool/off switch.

B. Special Provisions:

a. The new MUA unit must be installed to fit the current geometry of ductwork without causing impediments to airflow and must be properly sealed.

b. Certified test and balance of unit airflow must be completed.

c. Replace/patch/reseal any roofing removed or damaged and reseal new curb.

d. All work to comply with applicable codes and standards.

e. The new unit will be required to be craned to the approximate center of the building. Contractor will be responsible for selecting the appropriate crane size and scheduling and coordinating the removal of the existing MUA unit and setting of the new MUA unit as well as informing the County at least forty-eight (48) hours in advance (excluding weekends and holidays) so that offices below the pick can be cleared of staff.

f. All gas and electrical disconnect and reconnect is the responsibility of the

Contractor. Any work to be performed on curbs and roofing shall also be the

Contractor’s responsibility.

g. The Contractor shall: disconnect, remove, and recycle the existing MUA unit;

install new curb or adapter as necessary and prepare of wall ductwork; install new unit; connect gas and electrical as well as controls for the new MUA unit; start up and test new MUA unit; and, test and balance air flow to ensure proper operation.

The existing MUA unit was operated by a cool, heat controller located in the first bay of the shop, which must also be replaced.

h. Work must be completed in a neat, clean, professional workmanlike manner.

Permits and Fees

Contractor shall be responsible for all required permitting: construction, City or County, electrical, mechanical, etc.

Schedule

Work on the facility will start upon execution of this Agreement. Work hours will be from 7:00

AM – 5:00 PM, Monday through Saturday.

Additional Information and Requirements

Contractor will establish their own means and methods of MUA unit replacement within the limitations set by the site, access, and owner’s continued use of the building.

Unit must be stored at Contractor’s facility if delivered prior to installation.

Material will be removed when work is not being performed. Dumpster, if required, will be provided by the Contractor and located where designated by the County. Lift equipment will be provided for hoisting the new MUA unit into position, removing the existing MUA unit, and removal of any trash.

The occupants of the building will be protected from the lift equipment by OSHA approved safety protocols. Any loose material on the roof will be weighted down or secured. Special precautions shall be made to protect the existing roof membrane against damage.

Contractor will ensure that all work will be performed by competent, trained, and properly equipped personnel in strict accordance with good MUA unit practices and applicable industry standards.

Contractor will be responsible for the site safety and compliance with safety and health regulations for their employees and subcontractors.

Contractor will observe all published safety prevention practices related to application of MUA unit systems and related work. All Federal, State, and local codes shall be followed.

No pets or radios allowed on site. Noise from excessive shouting, loud music, or yelling is not permitted as this unit is directly above offices and side entrances to the facility.

Quality Control

Contractor will be responsible for quality control. Reports of test and balance will be provided to the Owner.

Clean Up

Contractor will remove trash, debris, and equipment from the project and surrounding areas and dispose of properly. Contractor will repair or replace any damaged roofing, building components, or damage to the surrounding areas.

Debris will be removed daily to prevent any accidents from high wind or adverse weather.

Warranty

A. The Contractor shall provide Owner with a written warranty that guarantees the completed installation to be free from defects in materials and workmanship for a period of no less than one (1) year after job completion.

B. All warranties must be issued by the manufacturer as standard warranties. If the product fails to perform as warrantied when installed according to the manufacturer’s installation instructions, the affected component(s)/equipment will be repaired or replaced at the expense of the manufacturer. Bidders shall provide the manufacturer’s standard performance warranty specifications to the Owner.

C. Bidders shall submit manufacturer’s warranty, installation instructions, and maintenance instructions with their bid.

GENERAL CONDITIONS

1. The selected Contractor will be required to enter into an Agreement with the County.

The term of the Agreement shall be from the date of the Agreement execution until June

30, 2026.

2. Depending on budget appropriations and the needs within the General Services

Department, the County reserves the right to reduce or increase quantities if deemed necessary by the County. Any substantial increase in quantity will require a written change order signed by both parties.

3. The County reserves the right to solicit any project, regardless of the project cost for

Contractor services, when it is deemed to be in the best interest of the County.

4. Because this project involves the expenditure of public funds, this contract is contingent upon continued availability of such funds for payment. The obligations described herein shall not constitute a general obligation, indebtedness, or multiple year direct or indirect debt, or other financial obligations whatsoever within the meaning of the Colorado

Constitution or the laws of the State of Colorado.

5. Local government officials or employees shall not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees. A former employee may not, within six months following the termination of their employment, contract, or be employed by an employer who contracts with the County involving matters with which they were directly involved during their employment. For purposes of this section, “contract” does not include contracts awarded to the lowest responsible respondent based on competitive bidding procedures. See

C.R.S. §24-18-201.

6. Open Records Notice: This invitation or request and all related documents produced by the respondent, proposer or the County are subject to the Colorado Open Records Act, C.R.S. §24-72-201 et. Seq., as amended. Submittals marked confidential, proprietary or which otherwise propose to restrict or deny the public access to inspect any information or documentation contained therein may be disqualified or rejected by the County as against public policy. Please refer questions to your legal counsel.

7. La Plata County has a local and regional preference on the purchase of all goods and services unless specifically waived by the Procurement Manager at the time of let of

RFP. To be considered for local or regional preference, vendors must turn in a completed “Local or Regional Preference Certification Statement,” included herein.

For details concerning Local or Regional Preference eligibility please refer to the La

Plata County Code, Section 20-36, III.

8. This project is subject to the terms of the La Plata County Procurement Code. The respondent may obtain a copy of the Code through a link on the County’s website:

http://online.encodeplus.com/regs/la-plata-co/doc-viewer.aspx?tocid=092#secid-489

SUBMITTAL REQUIREMENTS

Bid submittals must be received by the staff of the La Plata County Procurement Division no later than September 10, 2025, 10:00 AM MDT. Bids must be submitted electronically.

Bids shall be emailed, with the subject line stating “Public Works Make-Up Air Unit

Replacement, Project #25-036-1215” to: KHightower@lpcgov.org and SIwanicki@lpcgov.org.

Bids received after the deadline will not be considered.

Bidders shall submit the following, unless noted as optional, in order for the bid to be declared responsive:

• Manufacturer’s warranties, installation instructions, and maintenance instructions;

• Completed and signed Bid Sheet (pages 11-13);

• Completed Colorado Open Records Act Notice, Acknowledgment and Indemnification http://online.encodeplus.com/regs/la-plata-co/doc-viewer.aspx?tocid=092#secid-489 form (page 14); and,

• Completed Local or Regional Preference Certification Statement (page 15-16) – optional.

Bidders are invited to attend a public bid opening, which will be conducted through Zoom

Meeting, at the date and time of the bid submission deadline. Also, as soon as practical after the bid deadline, the bids shall be opened and tabulated. The tabulation sheet will be sent to all bidders. Bids received after the deadline will not be considered.

Join Zoom Meeting

Meeting ID: 881 3672 6222

SELECTION OF CONTRACTOR/AWARD OF BID

Generally, bids will be awarded based on: the lowest responsible and responsive bidder whose bid meets the requirements set forth in this IFB, or as obtained via cooperative agreement, and is priced within the budgeted amount. The bids shall be awarded by the Board of County

Commissioners, County Manager, or Procurement Manager. The County will select the best overall value for this project.

The County may make such investigations, as it deems necessary, to determine the ability of the bidder to perform the work. The bidder shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any and all bids, to waive any informalities and minor irregularities in bids, and to accept the bid deemed, in its opinion, to be in the best interest of La Plata County.

The County reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the County that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein.

All bidders submitting bids acknowledge and agree by submittal that the decision as to which bid to select is within the sole discretion of the County.

When an award is given to other than the lowest bidder, a full and complete statement as to the reasons must be prepared and filed with all papers relating to the disqualification of the lowest bidder.

AWARDEE CONTRACT REQUIREMENTS

Time is of the essence. The party to whom the Contract is awarded will be required to execute the Agreement and submit it, along with the insurance certificate and W-9 within ten (10) calendar days from the date when the Notice of Award and Independent Contractor Agreement is delivered to the Bidder. In case the Bidder fails to execute the Agreement, the County reserves the right to exercise its option to consider the Bidder in default.

Contract Forms. The Notice of Award and the County’s Independent Contractor Agreement shall apply to this project. (See attached sample.)

Insurance. Contractor is required to hold throughout the initial term and all subsequent terms of this Agreement insurance in accordance with the contract documents (see details in Exhibit C of the attached, sample contract).

Worker’s Compensation. The Contractor is responsible for providing Worker's Compensation

Coverage for all of its employees to the extent required by law, and for providing such coverage or requiring its subcontractors to provide such coverage for the subcontractor's employees. In no case is La Plata County responsible for providing Worker's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to indemnify La Plata County, for any costs for which they may be found liable in this regard.

W-9. Contractor must supply the County with a completed W-9 form.

Performance Bond. The selected Contractor shall submit a performance bond satisfactory to the County, executed by a surety company authorized to do business in the State of Colorado or otherwise secured in a manner satisfactory to the County, in an amount equal to 100% of the price specified in the contract within ten (10) days of the issuance of Notice of Award.

Payment Bond. Within ten (10) days of the issuance of the Notice of Award, the selected

Contractor shall submit a payment bond satisfactory to the County, executed by a surety company authorized to do business in the State or otherwise secured in a manner satisfactory to the County, for the protection of all persons supplying labor and material to the Contractor or its Subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to 100% of the price specified in the contract.

BID SHEET

Project #: 25-036-3215

Bid Deadline: September 10, 2025, 10:00 AM MDT

La Plata County is seeking bids from qualified Contractors to furnish and install a (new) replacement Indirect-Fired Outdoor Horizontal Make-Up Air Unit and associated components at the Public Works building, located at 1365 S. Camino del Rio, Durango, CO

81303.

Unless otherwise indicated, the prices shown in the bid shall not include taxes of any kind. La

Plata County is exempt from all state taxation including state sales and use tax.

All bids shall remain in force for a period of forty-five (45) days after the date of the bid opening.

All entities submitting bids acknowledge and agree by submittal that the decision as to which bid to select is within the sole discretion of the County.

To be considered for local or regional preference, bidders must turn in a completed “Local or

Regional Preference Certification Statement,” included herein. For details concerning Local or Regional Preference eligibility please refer to the La Plata County Code, Section 20-36, III.

Bid Items and Quantities

Provide bids based upon the removal and recycling of the existing MUA unit; furnish and installation of the new, replacement MUA unit; installation of new curb or adapter as necessary and preparation of wall ductwork; connecting gas and electrical as well as controls for the new

MUA unit; start up and testing of new MUA unit; testing and balancing air flow to ensure proper operation; and, replacement of the cool, heat controller located in the first bay of the shop.

Brand Name and Model #: _____________________________

Unit Price: $_________________________________________

Lump Sum Price: Including all associated costs to replace MUA unit:

_____________________________________dollars ($_________________________)

ADDENDUM ACKNOWLEDGEMENT

It is the bidder’s responsibility to acknowledge receipt of all Addenda issued. Please include signed

Addenda, if applicable, in your submittal.

CERTIFICATION

The undersigned, as bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms not herein mentioned have any interest in this proposal or in the contract to be entered into; that this proposal is made without collusion with any person, company or parties making a bid or proposal; and that it is, in all respects, fair and in good faith without collusion or fraud.

Bidder has the expertise, desire, licensing and means to provide the required product/services described herein and agrees to provide said product/services under the terms, conditions and specifications contained within the Bid at the rate established above.

The bidder certifies that the bid is subject to the terms and conditions set forth in this Invitation for Bids. The bidder further certifies that the goods meet or exceed all standards set forth in the

Project Specification and Conditions, and elsewhere within this Invitation for Bids.

Complete with information for person Authorized to enter into Agreement.

Company Name:

Authorized Signature:

Printed Name of Authorized Signatory:

Date:

Title:

Address:

City/State/Zip

Email:

Phone:

Complete with information for Project Manager/contact person (if different from above).

Printed Name:

Title:

Email:

Phone:

Colorado Open Records Act Notice, Acknowledgement and

Indemnification

INVITATION DESCRIPTION: Public Works Make-Up Air Unit Replacement, #25-036-1215

Open Records Notice: This invitation or request and all related documents produced by the bidder or proposer and the County will be subject to the Colorado Open Records Act. C.R.S. § 24-72-201 et.

seq., as amended. Proposals or bids marked confidential, proprietary or which otherwise propose to restrict or deny the public access to inspect any information or documentation contained therein may be disqualified or rejected by the County as against public policy. Further, all bidders or proposers must submit a duly executed copy of this Colorado Open Records Act Notice, Acknowledgement and

Indemnification (“CORA Acknowledgment”) as part of your submittal information. Bids and proposals submitted without a duly executed CORA Agreement will be deemed incomplete and will not be evaluated or considered for award of the contract. Please refer questions to your legal counsel.

Acknowledgement: I, the undersigned, on behalf of the bidder or proposer, acknowledge that I have read the foregoing Open Records Notice.

Indemnification: I hereby understand and agree that, regardless of whether or not a contract is awarded to the bidder/proposer listed below, the proposal or bid I am submitting as a result of this invitation or request is subject to the Colorado Open Records Act. C.R.S. § 24-72-201 et seq., as amended.

Notwithstanding any other provision in the bid or proposal documents to the contrary, I agree, on behalf of the bidder or proposer, to indemnify, defend, save and hold La Plata County harmless from all costs, damages, and liabilities, including but not limited to court costs, expenses and reasonable attorney’s fees, that arise out of non-disclosure of information marked confidential, proprietary or otherwise redacted by us pursuant to CRS § 24-72-204(3)(a)(IV), as amended. I understand and agree that these indemnification obligations shall survive the awarding of the bid for so long as La Plata County maintains the bid documentation related to this request or invitation.

Initial

I understand and agree that this CORA Acknowledgement shall be and is specifically incorporated into and shall constitute a part of the bid or proposal.

I further affirm and assert that I have been duly authorized to execute this CORA

Acknowledgement on behalf of the bidder or proposer.

Bidder/ Name:

Executed By: Date

Name, Title (Printed):

La Plata County Local or Regional Preference Certification Statement

OPTIONAL FORM

La Plata County has a local and regional preference on the purchase of all goods and services unless specifically waived by the Procurement Manager at the time of let of IFB. To be considered for preference, vendors must turn in this completed certification statement for each project, with the bid submission. The local preference on the purchase of all goods and services, unless specifically waived by the Procurement Manager at the time of let of IFB, shall be five percent or $100,000, whichever is less, of the purchase price or five percent of the total score based on the award/evaluation criteria used. In no event shall the local preference exceed the amount of $100,000. The regional preference on the purchase of all goods and services, unless specifically waived by the Procurement Manager at the time of let of IFB, shall be two percent or $40,000, whichever is less, of the purchase price or two percent of the total score based on the award/evaluation criteria used. In no event shall the regional preference exceed the amount of $40,000.

The following requirements for this certification are in addition to, not a replacement to, any requirements stated in the IFB:

A bidder is considered LOCAL if it:

(a) Has maintained a business office either leased or owned in La Plata County a minimum of six months prior to bid solicitation;

(b) Will use La Plata County residents, defined as maintaining primary residence in the County, for at least 50 percent of the total delivery of goods or services; and,

(c) Uses a fleet for the job comprised of no less than 50 percent La Plata County licensed vehicles.

A bidder is considered REGIONAL if the following criteria can be met for the region that includes the

Colorado counties of (La Plata—see LOCAL above) Archuleta, Montezuma, San Juan, or Dolores:

(a) Has maintained a business office either leased or owned in the region a minimum of six months prior to bid solicitation;

(b) Will use regional residents, defined as maintaining primary residence in one of the above counties, for at least 50 percent of the total delivery of goods or services; and,

(c) Uses a fleet for the job comprised of no less than 50 percent regionally licensed vehicles.

The Bidder hereby declares that the only persons or firms interested in the proposal as principal or principals is or are listed below and:

□ We DO meet the requirements for LOCAL Preference.

OR

□ We DO meet the requirements for REGIONAL Preference.

OR

□ We DO NOT meet the requirements for either Preference.

Continued on next page.

Local or Regional Preference Certification Statement

Required Additional Information

For details concerning Local or Regional Preference eligibility please refer to the La Plata County

Code, Section 20-36, III.

Business Address: _______________________________

Specify length of time at location: ________________________________

Percentage of staff to be used on Project:

Local. La Plata County, Colorado Residents: ________________________________

Regional. Residents of the following Colorado counties: La Plata, Archuleta, Montezuma, Dolores or San Juan: ________________________________

Percentage of vehicles to be used on Project registered in:

Local. La Plata County, Colorado: ________________________________

Regional. Registrations in the following Colorado counties: La Plata, Archuleta, Montezuma, Dolores and San Juan: ________________________________

The County reserves the right to request proof of the above stated information.

Authorized Signature Date Company Name

Procurement Division

1101 East Second Ave • Durango, CO 81301

SAMPLE NOTICE OF AWARD

August 13, 2025

«Firstname» «Lastname»

«ContractorName»

«address»

«CityStZip» «Email»

Re: «ProjectName» «ProjectNumber»

Dear «LetterSalutation»:

You are hereby notified that the La Plata County Board of County Commissioners has accepted your bid for the above-referenced project in the amount not to exceed «Amount» subject to the execution and receipt of the required documentation. Within ten (10) calendar days, please return the following required documentation by email to: SIwanicki@lpcgov.org.

1. Executed Acceptance of Notice of Award (Page 2 of this Notice of Award);

2. Signed Contract (one original);

3. Certificate of Insurance and/or Endorsements naming both La Plata County and the

Board of County Commissioners of La Plata County, Colorado, as Additional Insureds;

4. Required Performance Bond at 100% of project value;

5. Required Labor and Materials Bond at 100% of project value; and,

6. Proof of Workers' Compensation coverage.

If you should have any questions, please do not hesitate to call (970) 382-6432.

Sincerely, Kathryn Hightower Contract Agent

Enclosures: Acceptance of Notice of Award (Page 2)

Contract

Notice of Award August 13, 2025

ACCEPTANCE OF NOTICE OF AWARD

«ProjectName»

«ProjectNumber»

Receipt of the Notice of Award is hereby acknowledged on this _____ day of __________, 2025.

By: «Firstname» «Lastname»

Signature: ___________________________________________________________________

Title: «title»

Company: «ContractorName»

Please execute and return this form with the required documentation by email to:

SIwanicki@lpcgov.org.

INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (“Agreement”) is made and entered into this

____ day of ______________, _______ between the Board of County Commissioners of La

Plata County, Colorado ("County") and «ContractorName» (“«ShortName»”) (collectively, the

“Parties”) under the following terms and conditions:

1. Scope of Work

In accordance with the provisions of this Agreement, and its Exhibits and Attachments, «ShortName» shall perform the services set forth in the Final Scope of Work attached hereto as

Exhibit A (hereinafter, “the Services”).

2. Term

The term of this agreement shall be from «ProjectStart» until «ProjectClose».

3. Form of Payment

Payments for the Services rendered pursuant to this Agreement shall not exceed

«Amount» and is subject to the rates set forth in Exhibit B, which is attached to and incorporated into this Agreement. Payment is set at a contract rate for the Services, and is not set as a salary or hourly-employment rate.

4. Primary Contact

The following employee or agent of «ShortName» is hereby designated as the County’s primary contact respecting the Services performed under this Agreement, and shall directly supervise or have up-to-date information respecting «ShortName»’s provision of the Services.

«FirstName» «LastName»

Anytime «FirstName» «LastName» is not available, «ShortName»’s Responsible Officer shall act as primary contact unless and until «ShortName» assigns a replacement, the designation of whom shall be set forth in writing, with that writing attached to this Agreement.

5. Notice

All notices and other communications required or permitted under this Agreement shall be in writing and shall be delivered in person; by certified mail, postage prepaid, return receipt requested; by a commercial overnight courier that guarantees next day delivery and provides a receipt; or by electronic mail. Any such notice shall be effective on the earlier of the time when such notice is actually received or the third day following its deposit in the United States mail postage pre-paid, addressed to the Primary Contact or to such other address as either party may from time to time specify in writing to the other party.

Notice to the County shall be delivered to:

La Plata County Contract Manager

1101 E. 2nd Ave.

Durango, Colorado 81301

Notice to «ShortName» shall be delivered to:

«FirstName» «LastName»

«Address»

«CityStZip»

6. Insurance

a. Minimum Coverage Requirements

«ShortName» is required to hold throughout this Agreement’s initial term, and any and all subsequent terms, insurance policies with the minimum coverage requirements set forth in

Exhibit C.

b. Requirement to Maintain Aggregate Coverage Limits

If the aggregate limits of any insurance policy required under this Agreement are reduced below the amounts set forth in Exhibit C, because of claims made or paid during the required policy period, «ShortName» shall immediately obtain additional insurance to restore the full aggregate limit and furnish Certificate(s), Endorsement(s), or other document(s) showing compliance with this provision.

c. Insurance Term and Tail Coverage

If any insurance policy is written on a claims-made basis, «ShortName» warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this

Agreement, and that continuous coverage will be maintained, or an extend discovery period will be exercised, for a period of five years beginning from the time that Services under this

Agreement are completed.

d. Insurance Certificates

«ShortName» shall furnish the County with a Certificate of Insurance for each of the aforementioned insurance policies, along with a copy of the pages containing the Notice of

Cancellation provisions, at the commencement of this Agreement and again at every renewal of this Agreement, if any

e. Failure to Maintain Required Insurance Coverage

Failure on the part of «ShortName» to procure or maintain the aforementioned insurance policies and minimum coverage limits will be a material breach of this Agreement, upon which

(notwithstanding any other provision to the contrary) the County may immediately terminate the

Agreement.

f. Deductible

Any and all deductibles or self-insured retentions contained in any of «ShortName»’s insurance policies required under this Agreement shall be assumed by and be at the sole risk of

«ShortName».

g. Primacy of Coverage

Coverage required of «ShortName» under this Agreement shall be primary over any insurance or self-insurance program carried by the County.

7. Payments Contingent on Continued Availability of Public Funds

Because this Agreement involves the expenditure of public funds, this Agreement is contingent upon the appropriation, budgeting, and availability of such funds for payment. The obligations described herein shall not constitute a general obligation, indebtedness, or multiple year direct or indirect debt, or other financial obligations whatsoever within the meaning of the

Colorado Constitution or the laws of the State of Colorado.

8. Independent Contractor Status

«ShortName» is an independent contractor, and not an employee of the County or the

State of Colorado, and is not subject to County or State of Colorado personnel systems.

«ShortName» is engaged in an independent trade, occupation, profession or business and is qualified to perform the Services pursuant to this Agreement. The County shall rely upon

«ShortName» expertise, and «ShortName» is free from control and direction by the County in its performance of the Services. The County shall not provide any training to «ShortName», nor oversee «ShortName»’s actual work, nor instruct «ShortName» as to how the work will be performed. «ShortName» is free to provide services to others and is not required to work exclusively for the County. «ShortName» is responsible for providing its own tools and benefits at its own cost. «ShortName» is and shall remain a separate and distinct entity from the County, and the County’s business operations shall in no way combine with «ShortName»’s business operations. «ShortName» is not entitled to workers’ compensation benefits or unemployment insurance benefits unless paid for by «ShortName». «ShortName» is obligated to pay federal (including social security) and state income tax on any monies earned pursuant to this Agreement.

9. Obligation to Comply with Applicable Laws

«ShortName» is responsible for complying with all employment laws and insurance laws relating to its own employees, and shall purchase and provide proof of workers’ compensation coverage for all such employees. «ShortName»’s workers’ compensation insurance coverage shall include a waiver of subrogation in favor of La Plata County.

«ShortName» shall perform the Services in compliance with all applicable federal, state, and local laws, ordinances, regulations, codes, and orders, including but not limited to C.R.S. §

24-34-402. Discriminatory or Unfair Employment Practices; Title VI of the Civil Rights Act of

1964; Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities

Act (if «ShortName» is a public entity); Title III of the Americans with Disabilities Act (if

«ShortName» is a private entity); and the Health Insurance Portability and Accountability Act of

1996 (HIPAA) (if «ShortName» is a covered entity as defined at 45 C.F.R. § 160.103), and the

Age Discrimination Act of 1975.

Vendor acknowledges that, pursuant to the Americans with Disabilities Act (“ADA”), as amended (42 U.S.C. Sec. 1201 et seq.), programs, services and other activities provided by a public entity to the public, whether directly or through a vendor, must be accessible to the disabled public. Vendor shall provide the services specified in this Agreement in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation at all times and at no additional cost to County, including but not limited to the

Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.; Section 504 of the

Rehabilitation Act of 1973, 29 U.S.C § 701 et. seq.; and the Colorado Anti-Discrimination Act, C.R.S. 24-34-401 et. seq., as amended. Such compliance may include, but not be limited to supporting assistive software or devices such as large print interfaces, text-to-speech output, voice activated input, refreshable braille displays, and alternative keyboard or pointer interfaces, in a manner that, at minimum, is consistent with version 2.1 of the Web Content Accessibility

Guidelines (https://www.w3.org/TR/WCAG21/#background-on-wcag-2) or its successor standard as updated and adopted by any regulatory entity of competent jurisdiction. Vendor shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility at any time.

«ShortName» shall be responsible for obtaining all licenses and permits necessary to perform the Services, at «ShortName»’s expense, unless this Agreement specifically states otherwise.

10. Financial Management

At all times from the commencement date of this Agreement until completion of this

Agreement, «ShortName» and all subcontractors shall adhere to accepted principles of generally accepted accounting principles as made applicable to «ShortName» by statute, rule or regulation.

Such principles shall include all applicable administrative requirements, cost principles, and accounting principles imposed by federal or state agencies, and any federal or state law, rule, or regulation.

https://us-east-2.protection.sophos.com/?d=w3.org&u=aHR0cHM6Ly93d3cudzMub3JnL1RSL1dDQUcyMS8jYmFja2dyb3VuZC1vbi13Y2FnLTI=&i=NWUxM2IzNzJmNjY4YmQwZGEyYTdkMzM4&t=c2thMXduRkFNa3NQa3VlcW0zbG14M0lKTTFNRm04Z0p1blVtTjdTNnkycz0=&h=838e3961c0974050b03f84a618af7fa4&s=AVNPUEhUT0NFTkNSWVBUSVYHBeOO4Fu_mH0AOrVKwliooPSWZxOtWN1ynWmLI4_qZQ

11. Discretionary Audit

«ShortName» shall permit the County, through any of their duly authorized representatives, including an independent Certified Public Accountant of the County's choosing;

to inspect, examine, and audit «ShortName»’s (and any subcontractor's) records, books, accounts, and other relevant documents relating to this project, and subject to the requirements of federal and state laws governing inspection of records. Such discretionary audit may be requested at any time and for any reason from the effective date of this Agreement until 5 years after the date final payment for this project is received by «ShortName», or this Agreement’s termination, provided that the audit is performed during normal business hours.

12. Conflict of Interest

«ShortName» shall not engage in any business or personal activities or practices, or maintain any relationships, which conflict, or reasonably appear to conflict, in any way with

«ShortName»’s provision of the Services. If a conflict or the appearance of a conflict exists, or if

«ShortName» is uncertain whether a conflict or the appearance of a conflict exists, «ShortName» shall disclose the actual or apparent conflict to the County in writing, setting forth the relevant details for the County’s consideration. Failure to promptly submit a written disclosure or failure to follow the County’s direction in light of that disclosure shall be a breach of this Agreement.

13. Indemnification

«ShortName» hereby agrees to indemnify, defend, and hold harmless the County, and its elected officials; departments; agencies; officers; or employees, from all claims; costs and expenses; damages; and liability incurred by any of the above, and from any other damage; cost;

and liability to any person or property whatsoever, which is caused by an activity, condition, or event arising out of the negligent performance or non-performance of any provision of this

Agreement by «ShortName», its agents, or independent subcontractors. Indemnification is intended to extend to all such claims, irrespective of whether they are covered by insurance. The

County’s and its elected officials’; department’s; agencies’; employees’; or officers’ costs subject to indemnification by «ShortName» shall include court costs, litigation expenses, and reasonable attorney's fees. The indemnification obligations in this section shall survive expiration or other termination of this Agreement.

14. Governmental Immunity

Notwithstanding any other provision of this Agreement to the contrary, the County does not waive, either expressly or impliedly, any protection or immunity provided to it pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.

15. County’s Right to Inspect

County reserves the right to periodically inspect «ShortName»’s work performed in the course of providing the Services. If that work is being performed incorrectly, the County may notify «ShortName» of such deficiency and offer «ShortName» an opportunity to correct said work in a timeframe deemed appropriate by the County. Or, if such incorrect work constitutes a substantial breach of this Agreement, County reserves the right to terminate this Agreement immediately upon written notice to «ShortName».

16. Modification and Amendment

This Agreement may not be amended except as follows:

a. Modification by Operation of Law

This Agreement is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and become part of this Agreement, as if fully set forth herein.

b. Programmatic or Budgetary Modifications.

No programmatic or budgetary modifications that may affect the Services shall be made by «ShortName» without the County's written authorization, after a written request by

«ShortName». The County may withhold such authorization in its discretion.

c. Other Modifications.

If either the County or «ShortName» desire to modify the terms of this Agreement other than set as forth in Subparagraphs 16(a) or (b) above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Agreement properly executed and approved in accordance with applicable law.

17. Ownership of Works

a. Definition

As used herein, the term “Works” shall mean all deliverables provided pursuant to this

Agreement, including, but not limited to, all documents, reports, designs, drawings, software, inventions, prototypes, discoveries, systems, cost estimates, specifications, writings, or other data that are conceived, produced, developed, and/or created by «ShortName» or jointly by

«ShortName» and County, in connection with the Services, as well as all copyright and patent rights, including refinements and improvements, to such Works.

b. County’s Exclusive Ownership of Works

«ShortName» agrees that County shall own exclusively all rights and interests in all

Works, and «ShortName» hereby warrants, conveys and assigns full, unencumbered title to all

Works. «ShortName» shall execute and deliver any documents that may be required to transfer ownership of the Works to County. At any time during or after the term of this Agreement, «ShortName» will not use or seek to use any of the Works for its own benefit or for the benefit of any other person or business or in any way adverse to County’s interests. Upon the termination of this Agreement, or at any other time upon request by County, «ShortName» shall promptly deliver all Works to County.

18. Colorado Open Records Act and Subpoenas to Produce Records

This Agreement and all documentation related to it, including but not limited to

«ShortName»’s bid or proposal, may be subject to the Colorado Open Records Act, C.R.S. § 24-

72-201 et seq., as amended (“CORA”). The County may also become obligated to comply with a subpoena to produce records served by any court or administrative agency. «ShortName» hereby agrees to designate “confidential” any information «ShortName» desires to withhold from disclosure pursuant to CORA or a subpoena. Notwithstanding any other provision in this contract to the contrary, «ShortName» agrees to indemnify, defend, save, and hold the County harmless from all costs, damages, and liabilities, including but not limited to court costs, expenses, and reasonable attorney’s fees, that arise out of the County’s non-disclosure or declination to produce information marked confidential or proprietary, or otherwise redacted by you pursuant to C.R.S. § 24-72-204(3)(a)(IV), as amended.

19. Obligation to Keep Information Confidential

During the term of this Agreement, «ShortName» may be provided or come into possession of confidential information or disclosures, including but not necessarily limited to the legal opinions of the County’s legal counsel of the opinions of public officials expressed during a properly convened executive session of the Board of County Commissioners. Such confidential information and other information not otherwise subject to disclosure to the public under the

Colorado Open Records Act, C.R.S. § 24-72-101 et seq., obtained by «ShortName» during this

Agreement’s terms, shall not be disclosed, taken, or misused by any reason by «ShortName» or any of its agents or subcontractors.

Further, if «ShortName» maintains, stores, processes or has access to “personal information,” as defined below, in providing the Services specified in this Agreement to the

County, «ShortName» agrees that it shall guard such personal information from unauthorized access, use, modification, disclosure or destruction, pursuant to C.R.S. § 24-73-102, as amended.

«ShortName» shall implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information and size of «ShortName» business.

«ShortName» further agrees to destroy such personal information by shredding, erasing or otherwise modifying the personal information in paper or electronic documents to make the information unreadable or indecipherable through any means once the Agreement terminates, unless a different timeframe is otherwise agreed to by the parties and set forth herein.

«ShortName» shall notify the County within three (3) business days of any security breach or other unauthorized acquisition of personal information that compromises…