biddoc.pdf

REQUEST FOR PROPOSAL (RFP) 899

ROUTT COUNTY DETENTION CENTER BODY SCANNER INSTALLATION REMODEL

ROUTT COUNTY, COLORADO

Routt County invites qualified contractors to submit proposals for construction modifications supporting installation of a new body scanner at the Routt County Detention Center located at 2025

Shield Drive, Steamboat Springs, Colorado. This RFP outlines the requirements for a complete, responsive proposal. Routt County intends to execute a fully authorized Construction Contract by

October 13, 2026 with project completion by January 15, 2027.

Project Overview

The Routt County Detention Center plans to install a new inmate body scanner to enhance security, streamline screening, and improve safety for staff, inmates, and visitors. The project includes targeted renovations to accommodate the scanner, improve circulation, and convert the existing in-tox room into the scanner room. An adjacent existing bathroom will be converted into a new in-tox room.

SCOPE OF WORK (SOW)

General Requirements:

1. Provide all labor, equipment, materials, delivery, storage, permits, fees, and related services necessary to complete the contractor’s scope of work in accordance with the plans and specifications.

2. Routt County will furnish and install the body scanner. The contractor will be responsible for all work necessary to support the scanner installation.

3. Routt County will remove the in-tox equipment and reinstall it in its new location. The contractor will be responsible for all work necessary to support the relocation and installation of the in-tox equipment.

4. The work will occur inside a secure jail facility that operates 24 hours a day, seven days a week.

All workers and project personnel will be subject to criminal background checks and fingerprinting and must successfully complete the Colorado Criminal Justice Information Services (CJIS) training video.

5. The selected contractor will enter into a Routt County Construction Contract. A sample contract is attached for review prior to proposal submission.

6. Contractors must be licensed to perform work in Routt County.

7. The contractor must warrant the work in accordance with the plans, specifications, and contract documents. The warranty period will begin upon Routt County’s acceptance of the certified notice of substantial completion and the contractor’s submission of the warranty letter.

8. Proposals must include an estimated construction schedule covering pre-construction activities, anticipated material delivery dates, construction phasing, and proposed completion date.

Proposal Evaluation Criteria:

1. Project Approach and Methodology. Provide a detailed description of how the project will be managed in terms of sequencing/phasing, ensuring public safety, managing site constraints and work within an occupied facility.

2. Key Personnel. Proposal must identify key personnel assigned to the project and describe their dedicated roles, including project management, pre construction planning, procurement, on-site supervision presence, and work to be performed by contractor’s own forces.

3. Demonstrated Experience. Describe projects of similar size and scope, including experience managing budget constraints, implementing well defined safety protocols, working in occupied or public spaces, and developing well defined construction timelines.

4. Client References for comparable projects. Provide a list with a minimum of 3 references from clients of projects of similar size and scope.

5. Overall cost and value of the project. Provide a complete and detailed project cost analysis including any added value suggestions.

Contractor Selection Procedure:

1. The Routt County Facilities Department evaluation team (Selection Committee) will evaluate proposals for responsiveness to the criteria in this RFP. Routt County may investigate the qualifications of any offeror under consideration, verify information provided, and request additional evidence of managerial, financial, or technical capability necessary to perform the work successfully. The selection committee may request interviews or hold individual discussions from offerors deemed qualified, responsible, and suitable based on their initial responses. Offerors may be asked to elaborate on qualifications, performance data, staff expertise, or alternative concepts relevant to the project. The selection committee will determine whether additional interviews or demonstrations are necessary. Based on the published evaluation factors and information developed during the selection process, the selection committee will rank one or more offerors whose professional qualifications and proposed services are deemed to be in the best interest of Routt County.

Attachments

1. 2026 07 24 RCDC Body Scanner PERMIT

2. RCDC demo letter 6-9-26_AES

3. RCDC Body scanner - restroom letter

4. RCDC CLEARPASS CI cutsheet

1) GENERAL TERMS AND CONDITIONS

a) Proposal responses must be received not later than: 1:00 p.m. MT on September 8, 2026.

Any proposal response received after the time and date stipulated will not be considered or accepted. RFP response must be submitted through www.Bidnet.com/colorado/routtco.

b) Proposer is responsible for any and all permits, license, fees, etc. necessary to complete the project. Routt County does not waive any building fees for its own projects.

c) The failure or omission of a Proposer to acquaint himself/herself with existing conditions shall in no way relieve him/her of any obligation with respect to this RFP or to the contract.

d) Proprietary information from competing Proposers shall not be disclosed to the public or to competitors.

e) Offeror must clearly mark any material considered to be confidential and will be treated as such by Routt County to the extent permitted by law.

2) FAIR COMPETITION

a) Routt County advocates open and fair competition among suppliers and contractors to provide the best goods and services for Routt County and its citizens. The County prohibits discrimination based on political affiliation, race, creed, color, national origin, ancestry, sex, sexual orientation, age, religion, handicap, disability, veteran status or genetic information in all business transactions, purchases and contracts.

3) INQUIRIES AND NO CONTACT POLICY

a) All questions must be received, in writing, before 1:00 p.m. MT on September 1, 2026 and shall be directed only through the Bidnet portal.

b) Answers to questions received that would change and/or clarify this solicitation will be provided in writing, via an addendum to all firms that have received the original RFP after the date for questions has expired. In this way, we hope to eliminate multiple addendums.

c) Questions will be answered by Addenda that will be issued through the Proposal posting on

Bidnet. The County shall not be legally bound by an addendum or interpretation that is not in writing.

d) Any contact initiated by any Proposer with any County representative, other than the

Purchasing Department representative listed herein, concerning this RFP is prohibited. Any such unauthorized contact may cause the disqualification of the Proposer from this procurement transaction. Information obtained from an unauthorized officer, agent, or employee of Routt County or any other person shall not affect the risks or obligations assumed by the contractor or relieve him from fulfilling any of the conditions of the contract for the purpose of this project.

4) LATE PROPOSAL RESPONSES

a) Late Proposal responses shall be considered void and unacceptable. They will not be accepted in Bidnet.

5) WITHDRAWL OF PROPOSAL RESPONSES BEFORE OPENING

a) Proposal responses may be modified or withdrawn prior to the due date and time above by submitting a written request for its withdrawal to the Purchasing Agent listed. After the time set for opening of Proposal responses no Proposal response may be modified or withdrawn.

Withdrawal requests received after the time advertised for Proposal response opening will be https://www.bidnetdirect.com/colorado/routtco void, regardless of when they were mailed. Proposer may submit the same, a new, or a modified Proposal response prior to the due date and time shown above.

b) No Proposer may withdraw a Proposal response within 60 days after the actual date of the

RFP opening.

6) MISTAKES AFTER PROPOSAL RESPONSE OPENING

a) Proposal responses containing patently obvious mechanical, clerical or mathematical errors may be withdrawn by the Proposer if clear and convincingly sworn, written evidence is furnished to the County within 48 hours of the Proposal response due date and time excluding

Saturday, Sundays and Legal Holidays.

b) Under no circumstances can a Proposer be allowed to raise their unit price(s) as contained in the initial Proposal response.

7) REJECTION OF PROPOSAL RESPONSES

a) Routt County Board of County Commissioners (BCC) reserves the right to reject any or all proposal responses and to waive informalities and minor irregularities in Proposal responses received, and to accept any portion of the Proposal response whichever is deemed to be in the best interest of Routt County.

8) INDEMNIFICATION

a) The successful Proposer shall indemnify and save harmless Routt County and all County officers, agents, and employees from all suits or claims of any character brought by reason on infringing on any patent trademark or copyright.

b) The BCC will not be liable in any way for any of the costs incurred by the Proposers in preparation of their Proposal responses in response to this RFP nor for the presentation of their proposal responses or participation in any discussions or negotiations.

9) PROTEST PROCEDURE

a) Filing a Protest and When to File:

i) Protest shall be submitted in writing and received by the Purchasing Agent on the earliest of seven (7) working days after the aggrieved person knows or should have known of the facts giving rise thereto or ten (10) days after award. Protests based upon restrictive specifications or alleged improprieties in any type of solicitation, which are apparent prior to

Proposal opening or the closing date for receipt of initial proposal responses, must be filed no later than three (3) days prior to Proposal opening or the closing date for receipt of initial proposal responses.

b) Subject of Protest:

i) Protesters may file a protest on any phase of solicitation or award, including but not limited to specification or award. Protesters may not challenge the evaluation criteria or the relative weight of the evaluation criteria or the formula for making an award determination.

c) Content:

i) The written protest must include the following:

• The name and address of the protester

• Appropriate identification of the purchase

• A statement of the reasons for the protest

• Any available exhibits, evidence or documents substantiating the protest

d) Decision:

i) The County Manager shall make a decision, in writing, on a protest within seven (7) working days after receiving all relevant, requested information. The decision shall inform the protestor of his or her right to appear to the BCC within seven (7) working days. Within fourteen (14) working days the BCC shall render a decision or state the time frame for the protest review. The decision of the BCC is final.

e) Withholding of Award:

i) When a protest has been filed before award, the County will not make an award prior to the resolution of the protest, and when a protest has been filed before the opening of Proposal or proposal responses, the County will not open responses prior to the resolution of the protest, unless the County determines that:

• The items to be procured are urgently required

• Delivery or performance will be unduly delayed by failure to make the award promptly

• Failure to make prompt award will otherwise cause undue harm to the County and its citizens

f) Protests Filed After Award:

i) When a protest has been filed after award, the County will not terminate or cancel any contract or Purchase Order issued to another vendor, unless it is determined by the County

Manager that the award should be canceled and the project/purchase canceled, re-advertised and solicited or any other option in the best interests of the County.

10) PERMITS, TAXES AND FEES

a) All proposal responses submitted must include the price of any business and professional licenses, permits, taxes and fees as required by Federal, State or Local Government Agencies.

Routt County does not waive any fees for its own projects.

b) The proposal response price shall be exclusive of any federal or state taxes from which Routt

County is exempt by law.

11) CLARIFICATION OF RFP DOCUMENTS AND ADDENDA

a) If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in these RFP documents, they shall immediately notify the Purchasing Agent of such error and request modification or clarification of the document.

b) Proposers requiring additional information may submit their questions on Bidnet at www.Bidnett.com/colorado/routtco.

c) Answers to questions received that would change and/or clarify this solicitation will be provided in writing, via an addendum after the date for questions has expired. In this way, we hope to eliminate multiple addendums.

d) It is the Proposer’s responsibility to ensure they have all addenda pertaining to this RFP.

e) It will be the Proposer’s responsibility to make inquiry as to the addenda issued.

f) Any addenda issued will be numbered sequentially beginning with the number 1.

g) Number of each addendum received, if any, must be shown on the signature page of response document.

h) All such addenda shall become part of the contract documents and all Proposers shall be bound by such addenda.

i) The County shall not be legally bound by an addendum or interpretation that is not in writing.

12) WARRANTY

a) Proposer shall specify warranty terms and conditions along with supporting documentation regarding the warranty (if available). Please specify location of closest provider for warranty repairs and service for proposed equipment.

13) PROPOSER SUGGESTED OPTIONS/ALTERNATIVES

a) Please provide your suggested alternatives, options, enhancements, accessories, etc. which in your opinion, would provide a better value, service, product, life, etc. to Routt County and may not be specified in the technical specifications. Please list below your suggestions/options, and indicate the reasoning or justification for your suggestions. State the price or costs associated with these options (if any). Please submit brochures/literature with information of the reason for the suggested enhancement, option, etc. (attach additional information if necessary).

Suggested:

Option/Alternative:

Justification:

Price:

14) GOVERNING PRICES

a) Each Proposer shall furnish the information required; the unit price for each item Proposal must be shown. A total for each item Proposal must be entered, and in case of error in extension, unit price prevails. (Award may be awarded on an "each basis" or "complete lot

Proposal").

15) BASIS OF PAYMENT

a) Payments shall be based upon the lump sum proposal.

16) QUALITY OF PRODUCTS

a) Unless otherwise indicated in this RFP, it is understood and agreed that any item offered or shipped in response to this RFP shall be new and date stamped, the latest model, and in first class condition, and when applicable all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

b) Samples of items, when requested, must be furnished free of expense, and if not destroyed by testing, will be returned at Proposer's request and expense.

c) All materials and products offered must be guaranteed to meet the requirement to the specifications indicated and operate satisfactorily on the County’s existing equipment (as applicable).

17) QUANTITIES

a) Whenever quantities or usages are provided by the County, these are estimates only. These quantities are for information only and will be used for tabulation and presentation of the prices offered.

b) No guarantee or warranty is given or implied by the County as to the total amount that may or may not be purchased from any resulting contracts.

18) ITEM SUBSTITUTIONS

a) Brochures and/or specifications must be submitted where applicable; if unable to quote on specified items, quote on "or equal items", specifying brand, etc.

b) Wherever in the specifications the name of a certain brand, make, manufacturer, or definite specification is utilized, they are used only to denote the quality standard of the product desired and they do not restrict Proposers to the specific brand, make, manufacturer, or specification named; they are used only to set forth and convey to prospective Proposers the general style, type, character, and quality of the product desired; and approved equivalent products will be considered.

c) It shall be the responsibility of the Routt County personnel to determine what is considered an approved equivalent product on any and all projects or items.

19) REFERENCES AND QUALIFICATIONS

a) All Proposers shall include a list of a minimum of three references, from similar projects only, who could attest to the firm’s knowledge, quality of work, timeliness, diligence, flexibility, and ability to meet budget constraints. Include names, contact persons, and phone numbers of all references.

b) References may or may not be reviewed or contacted at the discretion of the County.

Typically, only references of the top ranked shortlisted Proposers are contacted. The County reserves the right to contact references other than, and/or in addition to, those furnished by

Proposer.

c) To demonstrate qualifications to perform the work, each Proposer must be prepared to submit within five days of Purchasing Agent request written evidence, such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the project is located. Should financial data be requested, it will be treated as confidential information and will be returned to the Proposer shortly after award of the contract. Each Proposal response must contain evidence of Proposer's qualification to do business in the state where the project is located or covenant to obtain such qualification prior to award of the contract.

d) All work shall be prosecuted in an orderly and diligent manner. All work to be completed in a good and workmanlike manner in accordance with the generally accepted standard of care in the industry.

20) SUBCONTRACTORS

a) The Proposer shall supply the names and addresses of major material suppliers and sub-contractors when requested to do so by Routt County personnel.

21) PROPOSER’S RESPONSIBILITY

a) Each Proposer shall fully acquaint themselves with conditions relating to the scope of work and restrictions attending the execution of the work under the conditions of this RFP. The failure or omission of a Proposer to acquaint himself with existing conditions shall in no way relieve him of any obligation with respect to his Proposal response or to the contract. It is expected that this will sometimes require on-site observation.

b) Proposers must satisfy themselves of the accuracy of the estimate quantities in the RFP schedule by examination of the site and a review of the drawings and specifications, including addenda. Each Proposer is responsible for inspecting the site and informing himself of the conditions under which the work is to be performed and for reading and being thoroughly familiar with the contract documents. The successful Proposer will not be allowed any extra compensation in the form of contract price or time by any matter or thing on which he could have fully informed himself prior to the submission of the Proposal response.

c) After Proposal responses have been submitted, the Proposer shall not assert that there was a misunderstanding concerning the quantities of the work or the nature of the work to be done.

22) INSTRUCTIONS FOR SUBMITTING PROPOSAL RESPONSE

a) All Proposal responses must be signed by an official of the Proposer firm who has specific and legal authorization to obligate the Proposer to the terms of said specifications. Altered or incomplete Proposal responses or use of substitute formats may render the Proposal response submission non-responsive. No marginal notes of any description on the Proposal Response

Sheet will be allowed.

b) Ambiguous Proposal responses which are uncertain as to terms, delivery, quantity, or compliance with specifications may be declared as non-responsive or otherwise discarded.

c) No Proposal response shall be altered or amended after the time specified for opening. Under no circumstances can a Proposer be allowed to raise their unit prices as contained in the initial

Proposal response.

d) No substitutions will be accepted unless noted.

e) Proposers are to visibly mark as “confidential” each part of their Proposal response which they consider to be proprietary information.

f) Please note Routt County is a member of National Purchasing Partners (NPP), National Joint

Powers Alliance (NJPA), Colorado Multiple Assembly of Procurement Officials (MAPO), Western States Contracting Alliance (WSCA), US Communities and several other organizations so we request the most competitive price be submitted to us.

23) CONTRACT DOCUMENT

a) This RFP and submitted documents, when properly accepted by Routt County BCC, shall constitute a contract equally binding between the successful Proposer and Routt County. The selected Proposer will be considered as prime contractor, and shall assume total responsibility for the quality of the services provided. Failure to meet obligations may result in termination of any contracts.

b) The contract that will be used will be a Routt County Construction Contract with attachments including the Proposers response and detailed scope of work. The form Routt County

Construction Contract is shown at the end of this RFP. Please review the contract prior to submitting a proposal, as our terms and conditions are non-negotiable.

c) The party to whom the contract is awarded will be required to execute the contract with ten (10 calendar days from the date when the Notice of Award is delivered to the Proposer. The

Notice of Award shall be accompanied by the necessary contract. In case of failure of the

Proposer to execute the contract, Routt County BCC may, at their option, consider the

Proposer to be in default.

24) COUNTY SUPPORT

a) The County shall:

i) Provide to Proposer all information in possession of the County which relates to the

County’s requirements for the project or which is relevant to the project.

ii) Examine all studies, reports, sketches, drawings, specifications, proposal responses, schedules and other documents presented by the Proposer.

iii) Designate a person to act as the County’s representative with respect to the work to be performed under this contract. Such person shall have the authority to transmit instructions, receive information, interpret and define the County’s policies and decisions with respect to the contract.

25) ESTIMATED PROJECT SCHEDULE

26) BONDS

a) No Proposal bond is required.

b) At the time of contract, insurance certificates must show the certificate holders name as the certificate holder’s name must be Routt County Board of County Commissioners.

c) Should the contract be $50,000.00 or greater, the following will be required:

i) Attorneys-in-fact who sign the payment bonds must file with each bond a certificate and effective dated copy of their power of attorney.

ii) A performance bond and a payment bond, each in the amount of 100 percent of the contract price with a corporate surety approved by the Routt County Board of County

Commissioners, will be required for the faithful performance of the contract.

iii) Bonds submitted to the County must meet the following criteria:

• The bond must be issued by a corporate surely authorized to do business as a surety in the State of Colorado;

• The surety issuing the bond must have a current Best’s Rating of “A” or better (A- is not acceptable);

RFP posted on Bidnet August 11, 2026

Non-Mandatory Pre-Bid Site Meeting

Routt County Detention Center

2025 Shield Drive, Steamboat Springs, CO 80487

10:00 a.m. MT

August 25, 2026

Last day for questions from Proposers September 1, 2026

RFP response due September 8, 2026

Recommend Award to BCC October 13, 2026

Contract documents fully executed October 13, 2026

Final completion date January 15, 2027

• The bond must provide that jurisdiction for any action on the bond shall be in the Routt

County District Court, Routt County Court or the U.S. District Court for the District of

Colorado; and

• The bond must provide that the substantially prevailing party in any action to recover on or enforce the bond shall have the right to recover its reasonable costs incurred in such action, including, without limitation, attorney fees.

27) LIQUIDATED DAMAGES

a) Per paragraph 5.1 of the Routt County Construction Contact in the event Contractor does not complete the work by the Completion Date, as that date may be modified in writing by change order, County shall be entitled to damages which the parties agree to liquidate at $ per day for each day the Project remains unfinished beyond the Completion Date of . A

Routt County Construction Contact is at the end of this RFP for your review.

CONSTRUCTION CONTRACT

1. Parties.

This Construction Contract ("Contract"), dated as of m,20 is between Routt County, Colorado (“County”) by and through its Board of County Commissioners ("Board"), and , a ("Contractor").

For purposes of this Contract, the address of County shall be:

Board of County Commissioners 522 Lincoln Avenue, Suite 30 Steamboat Springs, Colorado 80487

For purposes of this Contract, the address of Contractor shall be:

2. Contract Documents.

2.1. The entire contract between the parties concerning the ________________ Project shall consist of and include: [instead of deleting items that do not apply, please mark them as N/A or use strikethrough]

2.1.1. Advertisement for Bids;

2.1.2. Specifications for: ;

2.1.3. Contractor's Bid Proposal, including any amended portions thereof accepted and approved by County;

2.1.4. Notice of Award;

2.1.5. Construction Contract;

2.1.6. Notice to Proceed;

2.1.7. Change Order forms;

2.1.8. Payment and Performance Bond, if required by Section 5.2 hereof;

2.1.9. Construction Plans consisting of sheets;

2.1.10. Specification Book consisting of sheets;

2.1.11. Mechanical Electrical Plumbing Plan consisting of sheets;

2.1.12. Other as specified:

all of which shall consist of and be referred to as the "Contract Documents." Any terms and conditions in Contractor’s Bid Proposal are not part of this Contract or Contract Documents unless specifically included herein.

2.2. The provisions of the Specifications and the Construction Plans shall take precedence over any conflicting provisions in the proposal documents or other Contract Document.

2.3. Anything mentioned in the Specifications and not shown on the Construction Plans, or shown on the Construction Plans and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. In case of difference between the Construction Plans and the Specifications or in case of discrepancy in the figures in the Construction Plans or in the Specifications, the matter shall be promptly submitted to the Project Administrator (as hereinafter defined) who shall promptly make a determination in writing. Any adjustment by Contractor without such a determination shall be at his own risk and expense.

2.4. As used herein, the term "Project Administrator" shall refer to such person as the Board of County Commissioners may, from time to time, designate as County's representative. The initial Project Administrator shall be Joe Stepan, Facilities Management Division Manager. All changes in the designation of the Project Administrator shall be made in writing signed by the Chair of the Board of County Commissioners and sent to Contractor at the address set forth in Section 1 above by U.S. Mail, first-class postage prepaid. It is intended, and hereby permitted, that the Project Administrator may delegate the responsibility for inspecting the work on the Project to other County employees and agents, but only the Project Administrator shall have the right and power to accept or reject work or materials on the Project or otherwise exercise the discretion of the Project Administrator provided for herein.

3. Scope of Work.

Contractor shall furnish all of the necessary supervision, materials, tools and supplies and perform all of the labor and other services necessary to complete the work set forth in the Specifications and as described and required by the Contract Documents and referred to herein as the "Project."

All workers shall be competent and have sufficient skill, knowledge and experience in their class of work and operation of equipment, to perform all work properly and satisfactorily.

Contractor agrees to do the work in a first class, substantial and workmanlike manner to the satisfaction of County in strict accordance with the provisions of the Contract Documents, including the Construction Plans and Specifications.

4. Time of Completion.

Contractor shall commence the work required by the Contract Documents within ten (10) days of receipt of the Notice to Proceed and shall complete the Project not later than . Contractor agrees that the completion of the Project within the time as set forth herein is of the essence and agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to ensure completion of the work within the prescribed time period.

If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will ensure its completion within the time specified in this Contract, or any extension thereof, or fails to complete said work within such time, County may, by written notice to Contractor, terminate his right to proceed with the work or such part of the work as to which there has been a delay. In such event, County may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and use any or all materials, appliances and plant as may be on the site of the work and necessary therefor. Whether or not Contractor's right to proceed with the work is terminated, he and his sureties shall be liable under the terms of the Payment Bond and Performance Bond for Contractor's refusal or failure to complete the work within the specified time.

Contractor's right to proceed shall not be so terminated nor Contractor charged with resulting damage if Contractor is delayed at any time in the progress of the work by any negligent act of County, County employee or agent, or by changes ordered in the work, or by strikes, lock-outs, fire, unusual delay in transportation, unavoidable casualties or other causes beyond Contractor's control. Inability to purchase the required materials listed in Contractor's Proposal shall not be considered to be "beyond Contractor's control."

If delay is due to a cause beyond Contractor's control, the time of completion of the work shall be extended for a period equal to such portion of the period of delay as Contractor shall be able to show he could not have avoided by exercise of due diligence; provided, however, that in no event shall the time for Contractor's completion of the Project be extended beyond . Contractor shall advise County in writing within three

(3) days from the beginning of such delay and shall file a written claim for an extension of time within seven

(7) days after the period of delay has ceased.

5. Liquidated Damages/Bonding.

5.2. If Contractor fails to complete the Project by the Completion Date, County will incur damages which are presently difficult to compute. County and Contractor agree that, in the event Contractor does not complete the work by the Completion Date, as that date may be modified in writing by change order, County shall be entitled to damages which the parties agree to liquidate at per day for each day the Project remains unfinished beyond the Completion Date.

5.3. In the event that the Compensation to be paid to Contractor for the Project, as set forth in the first paragraph of Section 6 hereof, exceeds $50,000, the Contractor shall deliver properly executed and issued payment and performance bonds meeting the requirements of C.R.S. § 38-26-105 in the penal sum of the amount set forth in Section 6.

6. Compensation.

As consideration for the completion of the Project as required by the Contract Documents, County shall pay to Contractor the sum of ($ ) which amount shall be payable as follows:

6.1. Progress payments shall be made upon application of Contractor to be made not more frequently than once a month during the Project no later than the 10th day of the month following the month in which the work billed was done. Payments shall be based upon the cost of labor and materials incorporated in the Project and materials suitably stored on the site as estimated by Contractor and approved by the Project Administrator.

6.2. At the time of an application for a progress payment, Contractor shall submit to the Project Administrator an itemized statement supported by receipts or vouchers showing payment for materials, labor and subcontracts; a description of the work completed; and Contractor's estimate of the percentage of completion of the Project represented by the payment application.

6.3. Within thirty (30) days after receiving a complete application for progress payment and all required supportive information, County shall pay to Contractor ninety-five percent (95%) of the amount shown in the application and approved by the Project Administrator. The remaining five percent (5%) shall be paid upon the issuance of the Certificate of Completion, and after advertisement of final payment required by C.R.S. § 38-26-107 has been published and all applicable time periods under C.R.S. § 38-26-107 have expired.

6.4. If materials stored at the Project site are paid for by County, title to such materials shall vest in Routt County. If such materials are stolen, lost or damaged before their incorporation into the Project, they shall be replaced at Contractor's sole expense.

6.5. The amount of money which County has appropriated for the Project is equal to or in excess of the Contract amount set forth above.

6.6. No change order, as defined in C.R.S. § 24-101-301(2), or other form of order or directive by the public entity requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract, unless the Contractor is given written assurance by the public entity that lawful appropriations to cover the costs of the additional work have been made and the appropriates are available prior to performance of the additional work or unless such work is covered under a remedy-granting provision in the Contract.

6.7. Routt County is subject to the provisions of Section 20 of Article X of the Colorado Constitution (also referred to as the “TABOR Amendment”) which limits its ability to enter into multiple-fiscal year financial obligations. Therefore, any financial obligation of Routt County under this Contract beyond the current fiscal year (calendar year) is subject to and conditioned upon the due adoption of a budget for the year in which the obligation is due by the Board which budget provides for or appropriates funds for such obligation. The financial obligation of Routt County under this Contract shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation or any obligation payable in any fiscal year beyond the fiscal year for which funds are appropriated for the payment thereof.

7. Taxes.

Construction and building materials sold to Contractor and subcontractors for use on structures, roads, streets, highways, and other public works owned by Routt County are exempt from Colorado sales and use taxes. However, such materials may be subject to any sales taxes imposed by local cities and counties and other local taxing authorities.

Contractor and subcontractors shall apply to the Colorado Department of Revenue for certificates of exemption indicating that their purchase of construction or building materials is for a public project.

Completed copies of Application for Exemption Certificate with the approval of the Colorado Department of Revenue noted thereon should be delivered to Routt County prior to issuance of the Notice to Proceed.

Contractor agrees to secure from each subcontractor copies of that subcontractor's approved Application and furnish a copy to County. Bidders shall not include in proposals the exempt Colorado sales and use taxes.

8. Indemnification and Insurance.

Contractor shall indemnify and hold harmless County, the Board, and its agents and employees from and against any and all claims, damages, losses, injuries, and expenses, including attorney's fees, arising out of or resulting from the performance of the work on the Project.

Contractor shall procure and maintain, at his own expense, until completion of all work and acceptance thereof by County, all of the insurance coverages required below. Contractor shall furnish County with a certificate of such insurance acceptable to County. Contractor shall immediately provide County with written notice in the event any portion of the insurance coverage required by this Contract is cancelled or if the insurer gives Contractor notice of its intent to cancel such insurance. The certificate shall be filed prior to the start of any work on the Project.

8.1. Liability Insurance. Contractor shall procure and maintain Comprehensive General Liability, including completed operations, contractual liability and automobile liability insurance affording coverage for all claims for bodily injury including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under this Contract, whether such operations be by Contractor or by subcontractors under him or anyone directly or indirectly employed by Contractor or by a subcontractor under him. Such insurance shall provide limits of liability of not less than one million dollars ($1,000,000.00) and shall otherwise be in compliance with the County’s Insurance and Surety Requirements Policy. Contractor shall furnish current certificates of insurance to County. All such insurance shall be written on a Comprehensive Form of Policy. All such insurance shall name “Routt County, Colorado and the Board of County Commissioners of Routt County, c/o Purchasing, 136 6th Street, Suite 113, Steamboat Springs, Colorado 80487” as both certificate holder and additional insured. Contractor shall immediately provide County with written notice in the event any portion of the insurance coverage required by this Contract is cancelled or if the insurer gives Contractor notice of its intent to cancel such insurance.

8.2. Worker's Compensation Insurance; Unemployment Insurance; and Income Tax Withholding.

Contractor shall procure and maintain Worker's Compensation Insurance at his own expense during the life of this Contract, including occupational disease provisions for all of his employees. Contractor shall also require each subcontractor to furnish Worker's Compensation Insurance, including occupational disease provisions for all of the latter's employees, otherwise he accepts full liability and responsibility for subcontractor's employees. In cases where any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under the Worker's Compensation statute, Contractor shall provide, and shall cause each subcontractor to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. Neither the Contractor nor any employee of Contractor shall be entitled to unemployment insurance benefits through the County and the Contractor shall be obligated to pay any federal or state income taxes due with respect to any sum payable by County hereunder.

9. Subletting of Contract.

Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of this Contract, or of his right, title, or interest therein, without the written consent of County, which consent may be withheld without cause.

Contractor may utilize the services of specialty subcontractors on those parts of the Project which, under normal contracting practices, are performed by specialty subcontractors.

Contractor shall not award work to subcontractors in excess of fifty percent (50%) of the contract price without prior written approval of County.

Contractor shall be fully responsible to County for the acts and omissions of his subcontractors and of persons directly employed by them, as he is for the acts and omissions of persons directly employed by him.

Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Project to bind the subcontractors to Contractor by the terms of the Contract Documents and to give Contractor the same power to terminate any subcontract that County may exercise over Contractor under any provision of the Contract Documents.

Nothing contained in this Contract shall create any contractual relationship between any subcontractor and County.

10. Warranty.

Contractor warrants to County that all equipment and materials to be furnished under this Contract shall be free from all defects in workmanship and materials.

Contractor shall remove from the Project area all work or materials rejected by the Project Administrator for failure to comply with the Contract Documents, whether incorporated in the construction or not. Contractor shall promptly replace the materials or re-execute the work in accordance with the Contract Documents and without expense to County which are or become defective due to such defects within one (1) year after date of receipt by County. Contractor shall also bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

Should Contractor fail to proceed promptly in accordance with this warranty, County may have such work performed at the expense of Contractor.

11. Pre-Contract Examination.

Before submitting his proposal, Contractor examined all Construction Plans and the entire and complete Specifications and became well and fully informed as to the materials and character of work required, the relationship of all the particular parts of the work.

After execution of this Contract, no consideration will be granted for any misunderstanding of the materials to be furnished or the work to be done, it being mutually understood that the tender of the proposal carried with it an agreement to this end and all other conditions mentioned in this Contract and the Specifications, and implied a full and complete understanding of them and all Construction Plans, drawings, notes, indications and requirements.

Should anything be omitted from the Construction Plans or Specifications necessary to the proper completion of the work herein described, it shall be the duty of Contractor to so notify County before signing this Contract, and in the event of the failure of Contractor to give such notice, he shall make good any damage or defect in his work caused thereby without extra charge. No allowance will be made for lack of full knowledge of all conditions, except such underground conditions as are determined after commencement of the work and were unknown to Contractor.

12. Access and Inspection.

County and the Project Administrator shall at all times have access to the work. Contractor shall provide proper facilities for such access and for inspection of the work. The Project Administrator is, in the first instance, the judge of the performance of the Contract as it relates to compliance with the Construction Plans and Specifications, quality of workmanship and material.

All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents.

The Project Administrator may order that portions of the work be uncovered, exposed or made available for observations, inspection or testing. Contractor shall provide all necessary labor, materials, tools and equipment to comply with the Project Administrator's order. If such portion of the work is determined to be defective, Contractor shall bear all costs involved, including the cost of reconstruction. If such portion of the work is determined to be in substantial compliance with the Contract Documents, Contractor shall be compensated in accordance with Section 16 (Changes and Additional Work).

13. Measurements.

Contractor shall verify all measurements at the site. All dimensions shown for existing work and all dimensions required for work that is to connect with work now in place shall be verified by Contractor by actual measurement of the existing work. Any discrepancies between the contract requirements and the existing conditions shall be referred to the Project Administrator before any work affected thereby has been performed. No compensation will be allowed for differences between actual dimensions and those indicated on the Construction Plans. Differences shall be submitted to the Project Administrator for consideration before proceeding with work, and in the event of the failure of Contractor to so notify the Project Administrator, Contractor shall make good any damage or defect in this work caused thereby, without extra charge to County.

14. Non-Discrimination.

During the performance of this Contract, Contractor and any of its subcontractors will comply with all federal and state non-discrimination laws, regulations, and executive orders. Contractor agrees that no employee or applicant for employment shall be subjected to discrimination or denied the full and equal enjoyment of employment or services under this contract on the basis of race, creed, color, ethnic or national origin, sex, gender, sexual orientation, political beliefs, marital status, religion, ancestry, disability, veteran status, or age. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contractor setting forth provisions of this non-discrimination clause.

15. Accessibility.

To the extent applicable, Consultant shall comply with and the work product provided under this Agreement shall comply with the provisions of C.R.S. § 24-85-101, et seq., and the Accessibility

Standards for Individuals with a Disability, as established by the State of Colorado Office of Information Technology (OIT) according to C.R.S. § 24-85-103 (2.5). Contractor shall also comply with all State of Colorado technology standards related to technology accessibility as required by 8 CCR 1501-11.

16. Labor and Materials.

In accordance with the laws of Colorado, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the Project. The term “Colorado labor” shall mean any person who has been a bona fide resident of the State of Colorado for a period of not less than one (1) year.

The selection of materials and equipment for the work shall be in accordance with the laws of Colorado which read substantially as follows:

“Preference is hereby given to Colorado labor and to supplies, materials, and provisions produced, manufactured, or grown in Colorado, quality being equal to articles offered by competitors outside of the State.”

17. Protection of Work and Property.

Contractor shall continuously maintain adequate protection of his work and materials, protect the property on which the Project is to be constructed from injury or loss arising in connection with the Contract and adequately protect adjacent property as provided by law and Contract Documents.

Contractor shall at all times conduct his work so as to assure the least possible obstruction to traffic and adjacent residents. The safety and the protection of persons and property of the general public and residents along the street, highway and areas adjacent to the work shall be provided for by Contractor.

Contractor shall make good any damage, injury or loss, except such as may be:

a. directly due to errors in the Contract Documents;

b. caused by agents or employees of County; or

c. due to causes beyond Contractor's control and not due to his fault or negligence.

Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of federal, state, municipal, county or any other political subdivision's safety laws and building codes to prevent accident or injury to persons on, about or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall take all other action necessary to assure the safe passage of pedestrians and automobiles.

18. Changes and Additional Work.

County may order changes within the scope of the work without invalidating this Contract. Such changes may be made without notice to the Surety and the Surety shall not be released therefrom. Such changes shall not require work beyond the geographical limits of the original Project unless the Contract is modified.

An increase or decrease in the unit cost or completion time requires an equitable adjustment and a change order shall be authorized by the Project Administrator.

No deviations from the Construction Plans and/or Specifications will be permitted except those specifically authorized by a written change order issued and…