RIO BLANCO COUNTY

2026 Rio Blanco County Tree Removal

IMPORTANT DATES

All times listed are in Mountain Daylight Time (MDT), UTC-07:00

Advertisement Dates : August 4, 2026

Pre-Bid Meeting (Mandatory) August 11, 2026 10:00 A.M.

All Questions Due to Mark Litzelman, Facility Manager : August 14, 2026 5:00 P.M.

All addendums, issues by Mark Litzelman, Facility Manager : August 14, 2026 5:00 P.M.

Bids Due : August 17, 2026 9:00 A.M.

Bid Opening (Meeker or virtual) : August 17, 2026 10:00 A.M.

Planned Bid Award : August 18, 2026

Contract Execution Date: September 1, 2026

Project Planned Start : September 2, 2026

Project Planned Completion : December 31, 2026

SECTION 1 - INVITATION FOR BID 2

SECTION 2 - EXHIBIT A - SCOPE OF WORK 7

SECTION 3 - EXHIBIT B - BID FORM 9

Meeker, Colorado

SECTION 4 - AGREEMENT FOR SERVICES 11

SECTION 1 - INVITATION FOR BID

Bid Administrator:

Mark Litzelman, Facility Manager Rio Blanco County 555 Main Street Meeker, Colorado 81641

(970) 312-9403 Mark.Litzelman@rbc.us

1. INTRODUCTION

Rio Blanco County (the “County or Owner”) is seeking a Contractor for the Rio Blanco County Tree Removal (the “Project”) at 555 Main Street Meeker, Colorado 81641, 403 N White Avenue Rangely, CO 81648, and 2248 E Main Street, Rangely CO 81648. The intent of this Invitation for Bid (the “IFB”) is to have a Contractor (the “Bidder”) submit a written response (the “Bid”) to specifically address the services required, fee, and provide a well-considered plan of execution for those services.

The County requests the following Bid and qualification information from all prospective Bidders.

The following information will be used to evaluate the qualifications of the Bidders interested in this Project. This information is not intended to restrict competition. The intent is to protect the County’s interest by ensuring that the Bidders are competent, capable of quality work and financially able to complete the Project they may be awarded.

The County will consider prior performance on similar Projects in assessing the Bidder’s ability to complete the proposed Project.

2. AGREEMENT DOCUMENTS

Rio Blanco County Agreement Documents attached for reference, SECTION 4.

3. PROJECT LOCATION(S):

2026 Rio Blanco County Tree Removal Rio Blanco County Historic Courthouse 555 Main Street Meeker, CO 81641 Radino Senior Center 403 N White Avenue Rangely, CO 81648 Rangely Airport 2248 E Main Street Rangely, CO 81648

4. SCOPE OF WORK

Scope of Work on Exhibit A attached hereto.

5. BID FORM

Bid form on Exhibit B attached hereto.

6. SCHEDULE

This project shall start September 2, 2026, and be completed by December 31, 2026, pending delays due to adverse conditions.

Invitation For Bid

7. MANDATORY PRE-BID MEETING

Contractors can attend the Mandatory pre-bid meeting on site:

The Mandatory Pre-Bid Meeting will be held on: August 4, 2026 at 10:00 A.M. at the basketball court at 555 Main Street CO 81641.

8. GENERAL TERMS AND CONDITIONS

● BID SUBMITTAL

For Electronic Bid Submission: Electronic responses may be submitted online via BidNet at www.bidnetdirect.com//rio-blanco-county. Once logged into the system and viewing this notice, use the “Place a Bid” button at the top of the page. Follow the instructions to the end and ensure you receive a confirmation page that shows your response was successfully submitted. If you need assistance, please contact BidNet’s Vendor Support Department at 800-835-4603, Option 2. Do not wait until the last minute in case you encounter questions or technical issues. No proposals will be accepted after the time specified.

Do not email the bid documents to the bid administrator or any other Rio Blanco County email addresses. No Bids will be accepted by mail or hand delivery.

It is the sole responsibility of the Bidder to ensure that the Bid is received by the deadline indicated above; however, nothing in the IFB precludes the County from requesting additional information at any time during the procurement process.

● BID PREPARATION

Bidders are required to use Exhibit B – Bid Form contained herein. The Bid Form must be signed by an individual authorized to bind the Bidder. All Bids submitted without such signature may be deemed non-responsive. All blank spaces must be filled in with ink or typed in; prices will be in both words and figures, the written words will govern. The bid will not be modified or conditioned in any manner.

Any material that is to be considered as confidential in nature must be clearly marked as such and will be treated as confidential by the County to the extent permitted by law.

Nothing herein is intended to exclude any responsible Bidder or in any way restrain or restrict competition. On the contrary, all responsible Bidders are encouraged to submit their Bids. The County reserves the right to reject any or all Bids.

● BID OPENING

Bids will be opened and read on August 17, 2026 10:00 A.M..

2026 Rio Blanco County Tree Removal Bid Opening August 17, 2026 10:00 A.M.

Google Meet joining info Video call link: https://meet.google.com/kpt-fvtr-gmd http://www.bidnetdirect.com//rio-blanco-county https://meet.google.com/hai-ctdb-zoy?hs=122&authuser=0

● BID PREFERENCE

C.R.S 8-19-101, et. seq, shall be observed on all construction contracts on public projects. The law states that when a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed preference against a nonresident bidder from another state equal to the preference given or required by the state in which the nonresident bidder is a resident.

● BID AWARD

Lowest Responsible Bidder: The contract will be awarded to the Lowest Responsible Bidder that meets or exceeds the Minimum Qualifications and whose Bid is determined to be the most advantageous to the County. The determination will be made by the County. The County reserves the right to reject all bids, reject portions of any bid, or accept portions of the bid deemed most advantageous. The selected Contractor(s) shall then enter into a Contract with Rio Blanco County.

The Bid shall be valid for a period of sixty days from the deadline specified by the County for the receipt of Bids.

Withdrawal of Bids: Bidders may withdraw their bids prior to the opening of the bids.

● COMMUNICATIONS Questions Q&A

All Questions will be submitted through Bidnet: Questions regarding this solicitation must be submitted online via BidNet at www.bidnetdirect.com//rio-blanco-county. Once logged into the system and viewing this notice, use the “Ask a Question” button at the top of the page. Please submit one question at a time. Answers to each question will be provided as an addendum. If you need assistance please contact BidNet’s Vendor Support Department at 800-835-4603, Option 2.

All Bidders must examine the sites and become familiar with all site conditions. Any questions regarding this project are directed via email exclusively to the bid administrator before August 14, 2026 5:00 P.M. at the email address above, with the following email subject: 2026 Rio Blanco County Tree Removal - IFB Question. The bid administrator will answer questions formally through an addendum to this IFB. No individual answers to Bidders will be made without sharing with all potential Bidders.

Bidders must be thoroughly familiar with the Scope of Work and Agreement Documents included in this bid. Questions that are already addressed within these documents should not be submitted. Each Bidder is limited to submitting no more than ten (10) questions

The Bidder has the responsibility at all times to notify the County by e-mail of any ambiguity, divergence, error, omission, oversight or contradiction contained in the IFB as it is discovered, or to request any instructional, decision or direction which may be required to prepare its Bid.

If it becomes necessary to revise any part of this IFB, the bid administrator will provide an addendum in writing to all Bidders who requested an IFB. It is the sole responsibility of the Bidder, prior to the bid due date, to ensure that they have received all revisions pertaining to the IFB. Bidders should list in the Bid all addendums received.

● BID REJECTION

The County in its sole and absolute discretion, may reject any or all Bids or cancel and withdraw this IFB or the Project at any time or for any reason, and may, in its sole and absolute discretion, waive any non-conformance or non-compliance with the requirements specified in this IFB.

http://www.bidnetdirect.com//rio-blanco-county

The County, its employees, Board, the bid administrator, or any other person or entity assisting the County, or otherwise involved in the IFB process shall not be liable for any costs incurred by Bidder for the preparation or presentation of the Bids and/or in participating in the competitive process contemplated in and by this IFB.

The Bids and accompanying materials submitted by the Bidders are the sole and exclusive property of the County and may be used by the County in the interest of the Project as it is determined appropriate. No materials will be returned to Bidders.

● CONDITIONS OF WORK

All Bidders must inform themselves fully of the conditions relating to the Project and the employment of labor therefor. Failure to do so will not relieve the Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the contract. The Bidder, in carrying out work, must employ methods or means that will not cause any interruption or interference with the work of any contractor or the County’s scheduled use of the area surrounding the site.

● INTERPRETATIONS

No interpretation of the meaning of the Scope of Work document will be made to any Bidders orally.

Every request for such interpretation should be in writing addressed to the bid administrator. Contact information for the bid administrator is listed above.

● MINIMUM QUALIFICATIONS

The County has set the following MINIMUM QUALIFICATIONS which a Bidder must meet. The County will be the sole judge of the Bids and its decision shall be final. Upon selection of the preferred Bid the County will request documentation of the following required Minimum Qualifications:

1. The Bidder must have at least two (2) years of industry experience.

2. The Bidder must have experience with Projects of similar size and complexity.

3. The Bidder must have previous job references which show good past performance and workmanship.

4. The Bidder must be able to procure and maintain, at Bidder's own cost, a policy or policies of insurance/bonds sufficient to insure against all obligations assumed by Bidder.

5. The Bidder must show capability and willingness to meet the Project schedule.

● REFERENCES

Bidder will provide a minimum of three (3) references for whom similar Projects that have been completed in the last (2) Years have been performed, including contact person, email address, mailing address, and telephone numbers.

SECTION 2 - EXHIBIT A - SCOPE OF WORK

Scope of Work for Rio Blanco County Tree Removal

1. Project Overview: Tree Removal Rio Blanco County requires the removal of one Blue Spruce tree and one Cottonwood tree at 555 Main Street, Meeker, CO 81641, one Cottonwood tree at 403 N White Avenue, Rangely, CO 81648, and one Cottonwood tree at 2248 E Main Street, Rangely, CO 81648. This project involves safely removing the identified trees to mitigate property and personal safety hazards.

2. Contractor Qualifications

● Contractor must carry full liability insurance covering commercial and municipal tree work

● Contractor must follow ANSI Z133 tree trimming hazard mitigation safety parameters

● Adherence to local, state, and federal safety and regulatory codes.

3. Deliverables

● Removal of trees identified by Rio Blanco County

● Removal of all wood and debris from the trees

● Ensure no damage to lawn and structures from falling sections or limbs.

4. Scope of Work

555 Main Street, Meeker, 81641:

● Removal of Blue Spruce tree

○ Sectional dismantling of tree using rigging due to height of tree

○ Chip and haul away all wood

○ Remove sawdust and debris from tree

○ Rio Blanco County will provide plywood for truck or equipment to drive on lawn to prevent damage to lawn

● Removal of Cottonwood tree

○ Sectional dismantling of tree using rigging due to height of tree

○ Chip and haul away all wood

○ Remove sawdust and debris from tree

○ Ensure safety of existing buildings near tree by using lowering ropes, bucket truck, boom truck, and/or crane

○ Place signs for road closure while work is being performed

○ Rio Blanco County will remove headstone, signage, and small split rail fence prior to work starting

403 N White Avenue, Rangely, CO 81648:

● Removal of Cottonwood tree

○ Removal of Cottonwood tree, chip, and haul away all wood

○ Remove sawdust and debris from tree

○ Ensure safety of existing buildings near tree by using lowering ropes, bucket truck, boom truck, and/or crane

○ Rio Blanco County will close the parking lot the day work is performed

2248 E Main Street, Rangely, CO 81648:

● Removal of Cottonwood tree

○ Removal of Cottonwood tree, Chip, and haul away all wood

○ Remove sawdust and debris from tree

○ Ensure safety of existing buildings near tree by using lowering ropes, bucket truck, boom truck, and/or crane

○ Coordinate with county staff as well as airport staff for access to airport

○ Coordinate with airport staff for operating area boundaries, vehicle requirements, and radios if needed

○ Rio Blanco County will close the parking lot the day work is performed

5. Safety and Compliance

● Contractor must follow ANSI Z133 tree trimming hazard mitigation safety parameters

● Adherence to local, state, and federal safety and regulatory codes.

SECTION 3 - EXHIBIT B - BID FORM

Referencing the Exhibit A - Scope of Work prepared for this project, we hereby submit our bid in the amount stated in the blank of this bid form. The undersigned Bidder, having become thoroughly familiar with the terms and conditions of the Invitation for Bid and with local conditions affecting performance and cost of the work at the place where the work is to be done, and having fully inspected the site in all particulars, hereby proposes and agrees to fully perform the work within the proposed schedule and by the specified deadline identified on Cover Sheet and in strict accordance with the contract for the following sum of money.

To: Rio Blanco County Board of County Commissioners

Bidder’s Company

Name: _________________________________________________________

Address: _______________________________________________________

Telephone No: __________________________________________________

References: ____________________________________________________

All work to be performed for the total stipulated Lump sum of (written amount):

Item No.

Description QTY Unit Total

1. Removal of Blue Spruce at 555 Main Street, Meeker, CO 81641 1

2. Removal of Cottonwood at 555 Main Street, Meeker, CO 81641 1

3. Removal of Cottonwood from 403 N White Avenue, Rangely, CO 81648 1

4. Removal of Cottonwood tree from 2248 E Main Street, Rangely, CO 81648 1

Total $

Bids including all labor, materials, services, equipment, mobilization between Meeker and Rangely, permits if needed, traffic control, disposal fees, taxes, clean up, restoration, insurance, bonds, security, travel, etc. necessary for the completion of the work. The above listed price shall not be exceeded without approval by the County in the form of an approved change order request. The County reserves the right to accept any or all of the bid items. By requesting bids for the above-listed item, the County is not in any way obligated to award or conduct the project.

Contractors are requested to list any items excluded from the bid that may typically be required as part of their work:

Contractors are requested to acknowledge receipt of Amendments issued as part of the request for proposal.

Amendment Number(s): __________________

The undersigned, hereinafter referred to as the Bidder, has examined the Invitation for Bid, proposed

Contract form, and all other related documents, including Addenda, (hereinafter called the Bidding

Documents). Submitted hereby is the following:

SIGNATURE

Date: ___________________________________________

Name: __________________________________________

Title: ___________________________________________

Name of Organization: _____________________________

Address: ________________________________________

City/State/Zip: ___________________________________

Phone: _________________________________________

Email/Company

URL: __________________________________________

THE UNDERSIGNED CERTIFIES THAT THE INFORMATION PROVIDED HEREIN IS TRUE

AND SUFFICIENTLY COMPLETE SO AS NOT TO BE MISLEADING.

Signature:___________________________________________________________________

ONLY FOR INFORMATION

SECTION 4 - AGREEMENT FOR SERVICES

This Agreement is made this _______day of ___________________, 2026, between the Board of County Commissioners of Rio Blanco County, Colorado (herein referred to as “County”), having its principal place of business at 555 Main St., Meeker, Colorado, 81641, and (referred to as “Contractor”), having its principal place of business at _______________________________.

1. Description of Service:

County hereby retains Contractor, and Contractor hereby agrees to perform the following services:

2026 Rio Blanco Tree Removal, Description of Services Exhibit A attached hereto:

2. Agreement Administrator

Mark Litzelman Rio Blanco County Facility Manager 555 Main Street Meeker, Colorado 81641

(970) 312-9403 Mark.Litzelman@rbc.us

3. Compensation:

The total amount to be paid to Contractor pursuant to the Agreement shall not exceed _______________________ Dollars ($______________). To receive payment, the Contractor must submit itemized invoices for work completed to the Agreement Administrator before the 20th day of the month. Upon receipt of an invoice/payment request, the Agreement Administrator will review the request and shall authorize or deny payment. Payment shall be made after authorization of payment by the Agreement Administrator in accordance with County policies and procedures. If applicable, County shall withhold 3% of each invoice/payment request until final settlement as provided in CRS 24-91-103.

Upon publication of Notice of Final Settlement, it shall be the responsibility of the contractor to prepare a written request for retainage withheld. At the time of completion, a lien waiver delivered to the County from all suppliers, subcontractors, and the general contractor is required in order for the request to be considered.

4. Term:

The term of this Agreement shall be from September 2, 2026 through December 31, 2026 . The Contractor shall proceed with the work hereunder upon receipt of a written Notice to Proceed from the County. Such written notice shall be issued by the Agreement Administrator and will be for the duration of the length of this Agreement.

5. Insurance:

5.1. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance/bonds sufficient to insure against all obligations assumed by Contractor pursuant to this Agreement and shall not start work under this Agreement until such insurance coverage has been obtained and approved in writing by the Agreement Administrator.

5.2. Contractor shall require all subcontractors to maintain during the term of this Agreement, Commercial General Liability insurance, Comprehensive Automobile Liability insurance, and Workers’ Compensation and Employers’ Liability insurance, in the same manner as specified for Contractor, Contractor shall furnish subcontractors’ certificates of insurance to the Agreement Administrator immediately upon request.

5.3. All insurance policies required hereunder shall include a notification provision requiring notification to the Agreement Administrator in writing, 30 days prior to any material changes in the insurance policy(s) such as cancellation, non-renewal, or reduction in coverage or alteration of coverage.

5.4. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the County may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended

5.5. All required insurance coverage must be acquired from insurers authorized to conduct business in the State of Colorado and acceptable to the County. The insurers must also have policyholders’ rating of “A-“ or better and a financial class size of “Class VII” or better in the latest edition of Best’s Insurance Reports unless County grants specific approval for an exception.

5.6. The Contractor shall procure and continuously maintain the minimum insurance coverage listed below, and such additional coverage as may apply, with forms and insurers acceptable to County. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. All policies below shall be endorsed to specify “The Rio Blanco County Board of Commissioners and Rio Blanco County, its officers, officials, employees and volunteers as INSUREDS, as respects liability, on behalf of the Contractor, arising out of this Agreement.” All certificates of insurance are to be submitted on the standard “ACCORD 25” form.

5.6.1. Workers’ Compensation and Employer’s Liability Including Occupations Disease Coverage in accordance with scope and limits as required by the State of Colorado (or the state in which the Contractor is a resident).

5.6.2. Commercial General Liability, “occurrence form,” with minimum limits of ONE MILLION ($1,000,000) combined single limit, per occurrence for bodily injury, personal injury, and property damage. The contractor must either agree to provide certificates of insurance evidencing the above coverage for a period of two years after the final payment for this Agreement OR purchase an extended (minimum two years) reporting period en4.6.3 Comprehensive Automobile Liability insurance with minimum limits for bodily injury, and property damage of not less than ONE MILLION ($1,000,000) combined single limit per accident endorsement for the policy or policies in force during the term of this Agreement and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

5.6.3. Comprehensive Automobile Liability insurance with minimum limits for bodily injury and property damage of not less than ONE MILLION ($1,000,000) combined single limit per accident.

5.7. Depending on the nature and scope of the services to be provided under this Agreement, additional insurance requirements may be specified by County. Items listed below, which have been marked with an “X,” are required of Contractor by County as a condition of this Agreement. The contractor’s initial, placed by the corresponding “X,” shall acknowledge the Contractor’s compliance in meeting the specific insurance requirement(s).

N/A PROFESSIONAL LIABILITY INSURANCE with an endorsement for work under this Agreement, and coverage of no less than ONE MILLION ($1,000,000) per claim, and ONE MILLION ($1,000,000) aggregate.

X EXCESS LIABILITY/UMBRELLA INSURANCE with a limit no less than ONE MILLION ($1,000,000) per occurrence/ ONE MILLION ($1,000,000) aggregate, and coverage at least as broad as the primary Commercial General Liability policy.

N/A BUILDER’S RISK INSURANCE must be in an amount equal to the maximum amount to be paid to Contractor as set forth in Paragraph 2 above, as well as any subsequent modifications. The policy must be in Completed Value Form, ensuring the entire project for, at least, Broad Form coverage, including theft. Such Insurance shall remain in effect until 12:00 noon on the day following the date of the final acceptance of the entire project, whether or not the building or some part thereof is occupied in any manner prior to final acceptance of the project.

N/A BID BONDS AND PERFORMANCE BONDS. Bid bond coverage to be determined as a percentage of the total bid. Performance Bond in the amount of 100% of the Project Agreement.

N/A Other insurance as required. If other insurance is required, it will be included and referred to as

“EXHIBIT C.”

6. Contractor’s Representations and Warranties:

Contractor represents and warrants to County that it has the experience and ability to perform the services required by this Agreement in accordance with sound and acceptable industry or professional practices and standards and in accordance with all codes, standards, regulations, and laws applicable to the work. Contractor represents and warrants that it has the power to enter into and perform this Agreement and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any Federal, State, or municipal laws. Prior to beginning work, Contractor shall secure, at Contractor's expense, all necessary permits required by any governmental agency with jurisdiction.

7. Independent Contractor:

The contractor shall perform its duties hereunder as an independent contractor and not as an employee of the County. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of County. The contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the County, and the County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.

Unemployment insurance benefits shall be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. The Contractor shall pay when due all applicable employment taxes and income taxes, and local head taxes incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind the County to any contract, liability, or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the County, and (c) be solely responsible for its acts and those of its employees and agents.

8. Protection of Persons and Property:

Precautions shall be exercised at all times for the protection of all persons (including County employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standard of safety practice. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act and any other pertinent Federal, State or Local statutes, rules, or regulations. The Contractor and any subcontractors shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules, or regulations.

9. Personal Services Agreement:

This is a personal services agreement on the part of Contractor. This Agreement may not be assigned or subcontracted without the prior express written consent of the County and any attempt to assign this Agreement without the prior express written consent of County shall render this Agreement null and void with respect to the attempted assignee.

10. Inspection:

10.1. County reserves the right, without notice and at reasonable times, to inspect the work accomplished by the Contractor under this Agreement. The right of inspection reserved in the County is for the protection of the County in assuring that the work is proceeding in a timely and satisfactory manner and does not relieve the Contractor from responsibility for selecting appropriate means of fulfilling its obligations hereunder.

10.2. If any work is covered contrary to the request of the Agreement Administrator, it must, if required by the Agreement Administrator, be uncovered for his observation and replaced at the Contractor’s expense.

10.3. If any work has been covered which the Agreement Administrator has not specifically requested to observe prior to its being covered, or if the Agreement Administrator considers it necessary or advisable that covered work be inspected or tested by others, Contractor, at the Agreement Administrator’s request, will uncover, expose or otherwise make available for observation, inspection or testing as the Agreement Administrator may require, that portion of the work in question, furnishing all necessary labor, material, and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive change order shall be issued. If, however, such work is not found to be defective, Contractor will be allowed an increase in the Agreement price or an extension of the Agreement time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction if he makes a claim, therefore.

11. Audit:

County, or its designee, may, at reasonable times, during the term of this Agreement or for two years after its termination or expiration, audit Contractor’s books with regard to this Agreement, and Contractor shall retain its books and records for the required period.

12. Non-Exclusive Agreement:

This is not an exclusive agreement. The County may, at its sole discretion, contract with other entities for work similar to that to be performed by Contractor hereunder. The Contractor may agree to perform similar work for others and is not expected to work exclusively for County.

13. Indemnification of County:

Contractor shall indemnify and hold harmless County, its agents, officials and employees, against all losses or damages, including penalties, charges, professional fees, attorney’s fees, interest, costs, expenses and liabilities of every kind and character arising out of, or relating to, any and all claims and causes of actions of every kind and character, in connection with, directly or indirectly, this Agreement, whether or not it shall be alleged or determined that the harm was caused through or by Contractor or a subcontractor, if any, or their respective employees and agents. The Contractor further agrees that its obligations to County under this paragraph include claims against County by Contractor’s employees whether or not such claim is covered by workers compensation. Contractor expressly understands and agrees that any insurance or bond protection required by this Agreement, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend County as herein provided, and such obligation exists even if the claim is fraudulent or groundless.

14. Confidentiality:

Contractor recognizes and acknowledges that this Agreement creates a confidential relationship between County and Contractor and that information concerning County’s business affairs, customers, Contractors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning County is herein referred to as “confidential information.”

15. Non-Disclosure:

Contractor agrees that, except as directed by County, Contractor will not at any time during or after the term of this Agreement disclose any “confidential information” to any person whatsoever and upon the termination of this Agreement Contractor will turn over to County all documents, papers, and other matter in Contractor’s possession or control that relates to County. The Contractor further agrees to bind the Contractor’s employees and subcontractors to the terms of this non-disclosure requirement.

16. County’s Right to Suspend Contractor’s Performance:

For good and sufficient cause such as (a) faulty workmanship, (b) improper superintendence, (c) Contractor’s failure to carry out any reasonable order or perform any provision of this Agreement or collateral documents, (d) substantial failure in quantity or quality of material or any other circumstance unfavorable for prosecution of the work, County shall have the right to suspend Contractor’s performance of the work. Notice of such suspension shall be in writing, and the Contractor will be allowed fifteen (15) working days to correct and complete the unacceptable work.

The Contractor shall resume performance of the work promptly when so notified in writing by County.

17. Termination Provisions:

This Agreement may be terminated as follows:

17.1. Termination for Cause.

If, through any cause, Contractor shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, County shall thereupon have the right to terminate this Agreement for cause by giving written notice to Contractor of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why such termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Contractor under this Agreement shall, at the option of County, become its property, and Contractor shall be entitled to receive just, and equitable compensation for any services and supplies delivered and accepted. The Contractor shall be obligated to return any payments advanced under the provisions of this Agreement.

Notwithstanding above, Contractor shall not be relieved of liability to County for any damages sustained by County by virtue of any breach of this Agreement by Contractor, and County may withhold any payment to Contractor for the purposes of setoff until such time as the exact amount of damages due to County from Contractor is determined. If after such termination it is determined, for any reason, that Contractor was not in default, or that Contractor’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if this Agreement had been terminated for convenience, as described herein.

17.2. Termination for Convenience.

County may terminate this Agreement at any time if County determines that it is not in the best interest of the County to continue the work under this Agreement. County shall effect such termination by giving written notice of termination to Contractor and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by Contractor under this Agreement shall, at the option of County, become its property, and Contractor shall be entitled to receive just and equitable compensation for any satisfactory services and supplies delivered.

17.3. Termination Due to Loss of Funding

The parties hereto expressly recognize that Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to or appropriated by County for the purpose of contracting for the services provided for herein, and therefore, Contractor expressly understands and agrees that all its rights, demands, and claims to compensation arising under this Agreement are contingent upon receipt or appropriation of such funds by County. In the event that such funds or any part thereof are not received or appropriated by County, County may immediately terminate this Agreement without liability, including liability for termination costs.

18. Remedies:

In addition to any other remedies provided in this Agreement, County, in its sole discretion, may exercise any and/or all of the following remedial actions, either individually or simultaneously, if Contractor substantially fails to satisfy or perform the duties and obligations in this Agreement.

Substantial failure to satisfy the duties and obligations shall be defined to mean insufficient, incorrect, improper activities or inaction by Contractor. These remedial actions are as follows:

18.1. Suspend Contractor’s performance pending necessary corrective action as specified by County;

and/or

18.2. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or

18.3. Request the removal from work on this Agreement of employees or agents of Contractor whom County judges as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on this Agreement is deemed to be contrary to the public interest or not in the best interest of County; and/or

18.4. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by Contractor cannot be performed or if performed would be of no value to County. Denial of the amount of payment must be reasonably related to the amount of work or performances lost to the County.

19. Choice of Law:

Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Agreement to the extent capable of execution.

20. Venue:

This Agreement is and shall be deemed to be performable in the County of Rio Blanco, Colorado, and venue for any dispute hereunder shall be in the District Court of the County of Rio Blanco, Colorado.

In the event of a dispute concerning performance hereunder, the parties agree the Court may enter judgment in favor of the prevailing party for costs and reasonable attorneys’ fees.

21. Governmental Immunity:

No term or condition of this Agreement shall be construed or interpreted as a waiver by County, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS § 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and 2671 et seq., as applicable now or hereafter amended.

22. Software Piracy Prohibition:

County or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Agreement and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the County determines that Contractor is in violation of this provision, the County may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions

23. Employee Financial Interests:

County and Contractor state that to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services, and Contractor shall not employ any person having such known interests.

24. “Public Work”

(This paragraph applies if the work performed is a “public work”): In discharge of this Agreement, Contractor shall employ Colorado labor to perform not less than 80% of each type or class of labor in each of the several classifications of skilled and common labor employed on this project. A “public work” is any construction, alteration, repair, demolition, or improvement of any building, road, street, bridge, drain, park, or other structure suitable for and intended for use by the public. The governmental body financing a public works project shall waive the 80% 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. A governmental body that allows a waiver shall post notice of the waiver and a justification for the waiver on its website. A governmental body shall not impose contractual damages on a contractor for a delay in work due to the waiver process.

25. Gifts:

The Contractor certifies that Contractor is familiar with the provision of Article XXIX of the Colorado Constitution (also known as Amendment 41) regarding gifts and is compliant with the provisions of this Article.

26. Entire Agreement

This Agreement constitutes the entire agreement between the parties, and no changes or modifications shall be effective unless reduced to writing and signed by all parties hereto.

27. Required Signatures:

Person(s) signing as or on behalf of Contractor represent by their signature the person(s) signing is/are fully authorized to so sign this Agreement and that Contractor has taken all steps necessary so that the signature(s) is/are binding upon Contractor.

28. Severability/Survival

The provisions of this Agreement shall be severable, and the invalidity of any provisions shall not invalidate the remaining provisions hereof. Where appropriate and applicable, provisions of this Agreement shall survive the expiration or any termination of this Agreement.

29. Exemption Certificate

Contractor agrees to complete and file with the Colorado Department of Revenue on or before five (5) days from the date of execution of this Agreement a Contractor Application for Exemption Certificate pursuant to Section 39-26.708(1)(a)(XIX) C.R.S. The Exemption Certificate to be issued by the Colorado Department of Revenue is for the purpose of purchasing construction and building materials for the project, which is the subject of this Agreement. The Exemption Certification does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the Contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the County. Subcontractors of Contractor will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the Contractor to issue certificates to each of the subcontractors. Any unauthorized use of the Exemption Certificate will result in revocation of the Contractor’s Exemption Certificate and other penalties provided by law. The Rio Blanco County tax-exempt number needed to complete the application form is available from Deb Morlan, Sales & Use Tax Administrator, telephone number 970-878-9610.

30. Binding Effect:

This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, successors, personal representatives, or assigns of all of the parties hereto.

31. Execution by Counterparts; Electronic Signatures:

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for the execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the Parties to this Agreement: (1) Electronic or facsimile delivery of a fully executed copy of a signature page; (2) The image of the signature of an authorized signer inserted onto PDF format documents. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS § 24-71-101 to 121.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ___ day of _______, 2026.

Board of County Commissioners of Rio Blanco County, Colorado

By:___________________________

Contractor:___________________________

By:___________________________

Title__________________________

SECTION 4 - AGREEMENT FOR SERVICES