biddoc.pdf

Release Date September 22, 2026

Solicitation Number IFB-26-093

Solicitation Title CONSTRUCTION OF HIGHWAY 105B UTILITY

JOINT TRENCH PROJECT

Services to be performed for El Paso County Department of Public Works –

Engineering Division

Responses will be received until 11:00 A.M., MST, Wednesday, October 21, 2026 Electronically through the Rocky Mountain E- Purchasing System

For additional information please contact Matthew Marter Senior Procurement Specialist Email: MatthewMarter@elpasoco.com Phone: 719-520-6663

Documents included in this package Invitation for Bid Cover Sheet Executive Summary Specifications Special Terms and Conditions General Terms and Conditions Response Submittal Requirements Attachments

The undersigned hereby affirms that (1) he/she is a duly authorized agent of the Contractor , (2) he/she has read all terms and conditions and technical specifications which were made available in conjunction with this solicitation and fully understands and accepts them unless specific variations have been expressly listed in his/her offer, (3) that the offer is being submitted on behalf of the Contractor in accordance with any terms and conditions set forth in this document, and (4) that the Contractor will accept any awards made to it as a result of the offer submitted herein for a minimum of ninety calendar days following the date of submission. Offers must contain, in blue ink, a manual signature of an authorized agent of the Contractor or a verifiable electronic time and date stamped signature in the space provided on all appropriate signature lines in this solicitation. Typed names as signatures are not allowed.

PRINT OR TYPE YOUR INFORMATION

Company Name:

Address: City/State/Zip:

Contact Person: Title:

Email: Phone:

Authorized Representative’s Signature: Date:

Printed Name: Title:

Email: Phone:

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El Paso County Contracts and Procurement Division

15 East Vermijo Ave Colorado Springs, CO 80903

INVITATION FOR BID #26-093

COVER SHEET

OFFICIAL SOLICITATION DOCUMENTS: El Paso County officially distributes solicitation documents through the Rocky Mountain E-Purchasing System and the County’s website.

Copies of solicitations obtained from any other source are not considered official copies. Only those Contractors who obtain solicitation documents from the Rocky Mountain E- Purchasing System or El Paso County website will be in receipt of officially posted and relevant information regarding solicitations issued by El Paso County. The County and PPRTA cannot be held responsible for incorrect information, nor can it attest to the accuracy of information found on websites other than the Rocky Mountain E-Purchasing System or the County’s website.

PURPOSE OF SOLICITATION: El Paso County (County) is requesting bids from qualified, experienced, professional Contractors to furnish all labor, materials, and equipment necessary for construction of the Highway 105B Utility Joint Trench Project (“The Project”).

There is El Paso County and PPRTA oversight of the Project. The Project is being funded through the Pikes Peak Rural Transportation Authority (PPRTA). There is no Federal or State (CDOT) funding. There is no DBE goal, no On the Job Training (OJT), and this project is not subject to Davis-Bacon requirements.

The County of El Paso, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all proposer that it will affirmatively ensure that any contract entered into pursuant to this solicitation, disadvantaged business enterprises (DBE) will be afforded full and fair opportunity to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

TERM OF CONTRACT: The contract awarded is a Working Day Contract. The services called for shall be completed within Two Hundred Ten (210) Working Days unless additional time is approved via an Amendment and/or Contract Modification Order (CMO). The contract term is anticipated to begin on November 23, 2026, and end on December 31, 2029, and shall be defined in the Agreement. The longer contract term is intended to accommodate contract needs that may arise after the Project is substantially complete but final acceptance has not been issued.

A Limited Notice to Proceed may be provided to the Contractor from the County’s Project Manager (PM) prior to the Notice to Proceed for the purpose of ordering certain materials for the project that may require substantial lead time prior to delivery to the site, permitting and other non-construction tasks. Construction Work shall commence, and the time count shall begin, upon receipt of the Notice to Proceed from the County’s PM.

Notwithstanding, it shall be understood and agreed that any required warranty period, if applicable, which exceeds this term, shall remain in full force for the duration of the warranty period.

UNIT PRICING: The unit prices quoted for this Solicitation shall prevail for the duration of the contract term. Price adjustments shall be implemented per Division 100 of the applicable Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (Standard Specifications) and/or the technical specifications.

NON-APPROPRIATION: Pursuant to C.R.S.§ 29-1-110, as amended, the financial obligations of the County and PPRTA as set forth herein after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted and otherwise available. The awarded agreement will automatically terminate on January 1st of the first fiscal year for which funds are not appropriated. The County shall give the Contractor written notice of such non-appropriation.

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EXECUTIVE SUMMARY

SCHEDULE OF ACTIVITIES: The following activities and dates tentatively outline the process to be used to solicit Contractor responses and to review each Contractor Response:

September 22, 2026 Release Invitation for Bid September 30, 2026 @ 11:00 a.m. RECOMMENDED Pre-Bid Meeting October 6, 2026 @ 11:00 a.m. Deadline for Submitting Questions October 21, 2026 @ 11:00 a.m. Response Submission Deadline November 2026 Issue Notice of Intent to Award November 2026 (estimated) Contract Award

PRE-SOLICITATION MEETING: A pre-solicitation meeting will be held as shown above in the Schedule of Activities, at 3275 Akers Drive, Colorado Springs, CO 80922. A representative of the Contractor is encouraged to attend this meeting in order to become familiar with the Specifications.

EXAMINATION OF SITE AND CONTRACT DOCUMENTS IS RECOMMENDED: The Contractor is advised to carefully examine the requirements outlined in the Specifications. It is not the intent of the specifications to cover each and every detail. Any problems that may arise must be promptly reported to the County and will be subject to the decision of the County and PPRTA. The submitter is expected to carefully examine the size and scope of the proposed work prior to submitting its submittal. The Submitter certifies that it has examined the location of the proposed Work and is familiar with the specifications and all contract documents related thereto, and the local conditions at the place where the Work may be performed. The Submitter should carefully check all the quantities and understand that the County will not be responsible for any errors or omissions on the part of the Submitter in making their submittal.

AWARD: Construction of the Joint Trench itself generally includes all work associated with the conduit, manholes, vaults, structure excavation, and structure backfill (flow-fill) (“Joint Trench Work”). Bidders must meet one or more of the following criteria to be awarded a contract for this solicitation:

• The Bidder shall be a pre-approved contractor and shall self-perform the Joint Trench Work.

• The Bidder shall utilize one or more pre-approved contractors as their subcontractor(s) to perform the Joint

Trench Work.

• If the Bidder and/or its subcontractor(s) that will perform the Joint Trench Work are not pre-approved, they must be approved by all of the Telecom Owners prior to award .

Pre-approved contractors/subcontractors include:

Ranger Underground, LLC, Dillie and Kuhn, MC Underground, LLC and Pauley Construction, LLC.

RESPONSE TO QUESTIONS: Questions which arise during the Response preparation period regarding issues around this Solicitation, purchasing and/or award should be directed electronically, via the Rocky Mountain E- Purchasing system, to Matthew Marter, CPPB, Senior Procurement Specialist, Contracts & Procurement Division, El Paso County. The Contractor submitting the question(s) shall be responsible for ensuring that the question(s) is received by the date and time listed above in the Schedule of Activities for submitting the question(s).

ACCESSIBILITY COMPLIANCE: Should the Contractor provide a service which provides information and communication technology (ICT), the Contractor shall make commercially and technologically reasonable efforts to comply with all applicable provisions of C.R.S. §24-85-101, et seq., and the Accessibility Standards for Individuals with a Disability as established by the Governor’s Office of Information Technology (OIT) pursuant to Section C.R.S. §24-85-103 (2.5). Contractor shall also make commercially and technologically reasonable efforts to comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. The Contractor who provides ICT will also procure and provide an accessibility and compliance report utilizing the current ITIC Voluntary Product Accessibility Template (VPAT 2.5Rev WCAG) and/or manual testing reports from a qualified testing company to demonstrate reasonable efforts to comply with all State of Colorado technology standards.

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El Paso County is soliciting bids from qualified, experienced contractors to provide all labor, materials, and equipment necessary to construct the Highway 105B Utility Joint Trench Project.

It is expected that the business and their team members have significant experience with this type of work. The successful Contractor shall be considered and shall remain an independent Contractor throughout the term of any contract awarded pursuant to this Solicitation.

The County of El Paso, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all submitters that it will affirmatively ensure that any contract entered into pursuant to this solicitation, disadvantaged business enterprises (DBE) will be afforded full and fair opportunity to submit bids in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for any award.

There is El Paso County and PPRTA oversight of the Project. The Project is being funded through the Pikes Peak Rural Transportation Authority (PPRTA). There is no Federal or State (CDOT) funding. There is no DBE goal, no OJT hours, and this project is not subject to Davis-Bacon requirements.

The successful Contractor shall be solely responsible for scheduling and coordinating work of the subcontractors, suppliers, and other individuals or entities performing or furnishing any of the work under direct or indirect contract with the successful Contractor.

The successful Contractor shall provide and assume full responsibility for all services, materials, equipment, and labor necessary for completion of the services outlined in this Solicitation as awarded.

I. BACKGROUND / GENERAL INFORMATION

El Paso County will be constructing a utility joint trench/duct bank (“Joint Trench”) along Highway 105 from Lake Woodmoor Drive to Martingale Road to provide a location for telecoms to relocation in advance of future roadway widening and reconstruction. The Joint Trench has been developed in conjunction with participating Telecom Owners to facilitate removal, relocation, splicing, and abandonment of existing fiber optic, coax TV, and telephone facilities in conflict with proposed construction of a future road widening project. The Joint Trench will be owned by El Paso County. Telecom Owners participating in the Joint Trench include Comcast Cable, Lumen Technologies, Verizon/MCI, Stratus IQ, Segra, Force Broadband and El Paso County. Extensive coordination with all Telecom Owners and other existing utilities will be required. Refer to the Utilities section of the Project Special Provisions for additional information.

Construction of the Joint Trench itself, to generally include all work associated with the conduit, manholes, vaults, structure excavation, and structure backfill (flow-fill) shall be performed by a pre-approved contractor or a contractor awarded in conjunction with approval by the Telecom Owners. The awarded Prime Contractor may utilize a subcontractor to fulfill the pre-approved contractor requirement.

II. SCOPE OF WORK

A. TECHNICAL REQUIREMENTS

These bid specifications incorporate the following documents as if physically attached and bound herein:

• Standard Specifications for Road and Bridge Construction, Colorado Department of

Transportation, State of Colorado (2025, Version 1) (“Standard Specifications”)

• El Paso County Engineering Criteria Manual, October 2020

• “Colorado Department of Transportation M Standards Plans” and “Colorado Department of

Transportation S Standards Plans” (July 01, 2026)

• The Pikes Peak Region Asphalt Paving Specifications, Version 7

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SUMMARY OF WORK / SPECIFICATIONS

Each Bidder / Contractor shall be responsible for procuring sufficient copies of the documents referenced above for use in bidding and construction of the Project.

The Standard Specifications controls construction of this Project. The Project Special Provisions supplement the Standard Specifications and take precedence over the Standard Specifications and Construction Plans. When specifications or special provisions contain both English units and the International System of Units (SI units), the {English} units apply and are the specification requirement. All methods of procedures, materials, control or work, materials, and basis of measurements not covered in the Project Special Provisions or contained herein will comply with the Standard Specifications.

The Pikes Peak Region Asphalt Paving Specifications, Version 7 controls the asphalt pavement.

Construction signage shall follow the federal “MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES”, latest edition (MUTCD).

The CDOT Standard Specifications can be downloaded from:

2025 Standard Specifications Book (Version 1) — Colorado Department of Transportation

The El Paso County Engineering Criteria Manual and Pikes Peak Region Asphalt Paving Specifications can be downloaded from: https://publicworks.elpasoco.com/policies-manuals/.

B. PROJECT SPECIAL PROVISIONS

NOTE: This section is attached as a separate document.

C. CDOT STANDARD SPECIAL PROVISIONS

NOTE: This section is attached as a separate document.

D. CONTRACTOR RESPONSIBILITIES

1. Project Management: The Contractor shall identify a Project Manager who will work directly for and support the County Project Manager in the management and administration of the Project. The Contractor’s Project Manager shall be responsive on a daily basis Monday through Friday for the duration of the Project. The Contractor shall also identify an Assistant Project Manager capable of filling in for the Project Manager in the event that the Project Manager is not available due to travel, illness, or other event that will be longer than one week in length. The County Project Manager will be the primary point of contact for the County, however daily coordination and communications shall occur between the Contractor and the Project Inspector.

2. Schedules: Provide a baseline schedule broken out by tasks for work, availability of materials, equipment & labor, etc. to maximize construction efficiency. Schedules shall include start date, key tasks, project milestones, phasing, completion date etc. and shall be as comprehensive as practicable.

The Contractor shall also provide a three (3)week lookahead at least three (3) days before the weekly progress meetings.

3. TUC: The County utilizes online Trimble Unity Construct (TUC) software platform for project management and administration. The County will provide access and requests the Contractor conduct Project operations, outlined by the County’s Project Manager, utilizing the TUC platform.

4. Invoicing: The Contractor shall be responsible for invoicing the County. Invoices shall not reference more than one contract or purchase order. Invoices may not be submitted more frequently than once a month, and payment is Net 45 after receipt of invoice and ALL required backup documentation. The Contractor shall submit all listed information/documents/forms with their invoice. The Contractor shall submit invoices which shall contain, at a minimum, the following detailed information:

a. Contract #.

b. Issued Purchase Order #.

Page of 5 41 https://www.codot.gov/business/designsupport/construction-specifications/2025-construction-specifications/specs-book https://publicworks.elpasoco.com/policies-manuals/

c. Invoice #.

d. Invoice date.

e. Timeframe covered by Invoice.

f. Type and amount of labor and materials used for Invoice time period.

g. Dollar amount in unit price, extended price, and total value of Invoice

h. Invoice shall be signed by Contractor.

i. CDOT Form 1418 and/or Form 1419.

j. Updated, accurate and EPC approved baseline schedule.

The County reserves the right to withhold / delay payment until all required information and paperwork are submitted and approved.

5. Superintendent: The successful Contractor shall employ a competent superintendent who shall be the primary representative for the Contractor and all communications given to, and all decisions made by, the superintendent shall be binding to the Contractor. Notwithstanding, the superintendent shall be, at all times, an employee of the Contractor under its sole direction and not an employee or agent of the County. The County reserves the right to request termination and replacement for any Superintendent who fails to perform or demonstrates a lack of experience in the field of construction oversight.

6. Pre-Construction Conference: Prior to work commencing on the Project, a Pre-Construction Conference will be held at a location to be determined. It is anticipated that a Limited Notice to Proceed shall be issued to the Contractor from the County Project Manager (PM) prior to the date of the Pre-Construction Conference.

7. Legal Relations & Responsibility to The Public: The Contractor shall keep fully informed of all Federal, State, and Local laws, ordinances, and regulations and all orders and decree of Bodies or tribunals having any jurisdiction or authority, which may in any manner affect those engaged or employed on the Work or which in any way affect the conduct of Work, or Contractor’s ability to perform the Work. Contractor shall always observe and comply with such laws, ordinances, regulations, orders, and decrees, and shall protect and indemnify the County of El Paso, and their representatives, to include employees, agents, consultants, and subcontractors of each, against any claim or liability arising from or based on the violations of any such law, ordinance, regulations, order, or decree, whether by itself or its employees.

8. Construction Requirements: After Work has started under a contract award, the Contractor shall maintain a sufficient work force, machinery, and materials, on site at all times to ensure a smooth progression of Work and a timely completion of the Project within the allotted time. The Contractor shall be required to maintain rigid control of all materials, which must comply with the specifications as stated.

Contractor shall assure that Work is not done, nor equipment parked, in areas outside the construction boundaries.

9. Character of Workers, Methods, & Equipment: The Contractor shall at all times employ sufficient labor and equipment to properly perform the Work per this solicitation. All workers shall have sufficient skill and experience to properly perform the Work assigned them. All equipment which is proposed to be used on the Work, shall be of sufficient size and in such mechanical conditions as to meet the requirement of the Work. If in the opinion of the El Paso County Engineer, employees and/or a certain type of equipment are not producing the Work required by the contract, the Contractor shall discontinue the use of said employees and/or equipment, when notified in writing.

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10. Load Restrictions & Truck Routes: Haul routes shall be planned, prior to bidding, observing load limits on bridges or roadways, existing roadway conditions, and Federal, State, and Local governmental regulations regarding truck traffic and truck routes. The Contractor shall comply with all legal load restrictions in hauling of materials on public roads.

11. Inspections: Quality control (QC), including but not limited to, materials testing is the Contractor’s responsibility. The County or its consultant shall provide Construction Management (CM) services and will conduct materials testing for quality assurance (QA). Any QA testing performed by EPC, or their consultant does not relieve the Contractor of their QC testing responsibilities.

12. Material Control: The Contractor shall be required to maintain rigid control of all materials which must comply with the specifications as stated. All materials not conforming to the requirements of the specifications at the time they are used shall be considered unacceptable.

13. Unacceptable Work/Unauthorized Work: Upon failure on the part of the Contractor to comply with any order of the County Engineer made under the provisions of this article, the County Engineer will have authority to cause unacceptable work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs from any monies due or to become due to the Contractor.

E. RETAINAGE, PAYMENT, AND ACCEPTANCE

1. Partial payment will be made no more frequently than once a month, for Work satisfactorily completed, and accepted by the County Engineer, as the Work progresses. Said payments will be based upon an invoice submitted by the Contractor, and if necessary, a written estimate prepared by the County’s Inspector of the value of Work performed and materials furnished and placed in accordance with the contract. The County shall retain 5% of the amount estimated as payable, exclusive of mobilization and payments for materials on hand, to a maximum of 5% of the original contract amount, until successful completion and acceptance by the County of the entire contracted Work. The County Project Manager will approve and process payment requests. Then the balance less all previous payments shall be paid after an appropriate Notice of Final Payment has been published by the County Contracts & Procurement Division.

2. The County reserves the right to not approve payment wherein the service claimed on the invoice is not, in the County’s sole opinion, satisfactory or cannot be adequately verified by the County. If the County must supply services and/or contract with another Contractor for the services contracted hereunder, due to Contractor’s inability to perform as required, the cost will be charged back to the Contractor.

3. Upon notice from the Contractor of presumptive completion of the entire contracted Work, the County Project Manager will make an inspection. If all the Work provided per the contract is found to have been satisfactorily completed, the County Engineer will make final acceptance and shall notify the Contractor in writing of this acceptance. The Department of Public Works will submit a Notice of Substantial Completion to the Contracts & Procurement Division, from which a Notice of Final Payment will be published by Contracts & Procurement. Retainage cannot be released nor is final payment made prior to the release date listed in the Notice of Final Payment.

4. Final payment will be made after the Contractor has indicated in writing its acceptance of such final payment as full and complete, has released El Paso County from all claims arising from the prosecution of all Work under the contract, and after Notice of Final Payment has been published by the County Contracts & Procurement Division.

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III. RESPONSE FORMAT AND REQUIRED DOCUMENTATION

Failure to respond in the required format or failure to provide required information may deem your submittal non-responsive.

To facilitate an effective review process, responses must be submitted on 8.5” x 11” paper, with a minimum font of 10, and all pages should be numbered in the following manner: page or pages, with a maximum of twenty (20) pages. All acronyms in the response must be defined.

Attachments/Exhibits included in this solicitation, that require signature and/or are a required document to be returned with your Responses shall be included as an exhibit to your Responses and will not be included in the page limit. Requested items in the appendices will not be included in the page limit. Schedules may be submitted on 11" x 17" sheets and are counted as one page.

Submittals should be prepared simply and economically providing a straightforward, concise description of the Contractor’s ability to perform the requirements of this Solicitation.

ELECTRONIC SUBMISSION OF OFFERS: El Paso County will only accept electronic bid Responses submitted through the Rocky Mountain E-Purchasing system. A Submittal Log will be posted after the County has had an opportunity to review and verify the submittals offered to the County and PPRTA.

The original Offer must be received before the due date and time through an electronic package transmitted through the Rocky Mountain E-Purchasing system. The Contractor is responsible for ensuring its Response is posted by the due date and time outlined in the solicitation document.

If the submittal arrives late, it will not be included in the electronic lockbox.

The Solicitation Opening for IFB-26-093 will take place VIA TELECONFERENCE utilizing the call-in information below:

Participant-guest login:

A. Dial access number: 1-719-520-7660 B. Enter the participant-guest pass code: 51488# C. Attendee access code: 1234#

Proposers are NOT required to participate. No in-person entry to our building will be permitted.

To enable the County to conduct a uniform review of the information submitted in response to this Solicitation, Contractors must address the following information, numbered to directly correspond with the number of the Table of Contents section of the submitted Response. The County reserves the right to reject submittals that do not follow the required format. Include concise, complete information which will demonstrate that your firm is uniquely qualified to provide the products and services specified in this Solicitation.

ALL signatures on required documents must be in blue ink or a verifiable electronic time and date stamped signature in ONE PDF document. Typed names as signatures are not allowed.

1. Provide response without reference to El Paso County logo or company logo in one PDF document.

2. Submit response in a tab format that follows a clearly outlined Table of Contents that identifies all material and attachments that comprise your response by section and by page number. I.e. – Required Documentation section, Evaluation Criteria section, etc. as outlined on the Response Submittal Requirements page.

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3. Cover Letter, one-page limit. Submit a Cover Letter on official business letterhead that:

a. Positively states your willingness to comply with all work requirements and other terms and conditions as specified in this Solicitation.

b. Provides, in brief concise terms, a summation of your submittal and identifies the points that make your firm uniquely qualified for this project.

c. Is signed by an Authorized Representative of your firm who has the authority to commit to the proposed work.

4. Provide documentation that satisfies the Required Document Requirements

a. Contractor Information Form.

b. Proprietary / Confidential Statement.

c. Artificial Intelligence Use Attestation

d. Subcontractor list – Provide Subcontractor’s name, Subcontractor’s task(s)/scope of work and estimated percent of the overall project. Specifically state whether the Subcontractor(s) will perform the Joint Trench Work or not.

e. Exhibit 1 – Exceptions Form.

f. Exhibit 2 – Lobbying Certification.

g. Exhibit 3 – Non-Collusion Affidavit.

h. Exhibit 4 – Minimum Insurance Requirements.

i. Completed and signed Cover Sheet.

j. Addendum(s) Acknowledgement, if applicable.

k. Bid Form - Contractor shall use the Bid Form attached to this IFB or as amended via addendum(s).

Other forms/formats will not be accepted.

l. Documentation of Meeting Minimum Requirements.

m. Work Plan and Schedule - Schedules submitted for this bid shall assume a contract award per the IFB

Schedule of Activities.

5. Provide documentation that satisfies the criteria to be reviewed.

6. Provide the completed and signed Cover Sheet.

7. Addendum(s) Acknowledgement, if applicable.

8. Submission Form.

9. Documentation of Meeting Minimum Requirements.

10. Universal Entity Identifier (UEI) Number.

11. Additional Attachments, if applicable.

II. ATTACHMENTS

B. Sample Trade Contractor Agreement

1. Bid Form.

2. Construction Plans.

3. Project Special Provisions (PSP).

4. CDOT Standard Special Provisions (CDOT SSP).

5. Hwy 105B Geotech Report.

6. Hwy 105B Subsurface Utility Engineering Report (SUE).

7. El Paso County Stormwater Permit Form (ESQCP application).

8. PPRTA – Special Funding Provisions

9. PPRTA – General Conditions for Construction Contract.

10. CADD files.

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Bidders are required to use Attachment 1. IFB-26-093 - Bid Form t o provide a bid for this solicitation. Failure to use Attachment 1.

IFB-26-093 - Bid Form may result in your bid being found non-responsive.

Bidders may not change or alter the amounts, quantities, or information in the bid form. Editing or changing details of the Bid Form may result in your bid being non-responsive.

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BID FORM

1. METHOD OF AWARD LOWEST OFFERED

AGGREGATE PROJECT PRICE: It is the intent of the County and PPRTA to award this Solicitation to the lowest responsive, responsible Contractor most capable of providing acceptable services and whose prices for project purchases will aggregate the lowest cost to the County. The County and PPRTA reserve the right to conduct negotiations and scope revisions with the designated lowest responsive, responsible Contractor should the offered price exceed the allocated budget for the project. During this negotiation period, the County and PPRTA will not disclose any information derived from Offers submitted.

2. BID GUARANTY IS REQUIRED FOR A PERCENTAGE OF THE TOTAL PRICE: All Responses shall be accompanied by a Bid Guaranty in the form of a Certified Check, Cashier's Check or Bid Bond, made payable to EL PASO COUNTY, in the amount that represents 5% of the total base price. The Bid Guaranty shall be made payable to County and shall be conditioned upon the successful Contractor submitting a specified performance bond within ten (10) calendar days following written notice of award. Any Response which is not accompanied by a Bid Guaranty shall be considered non-responsive and ineligible for award.

In the event the selected Contractor fails or refuses to submit the performance bond within the time stated, the Bid Guaranty/Security submitted with the Response will be forfeited as liquidated damages because of such failure or default. The bid guarantees will be returned after the opening of Responses to all except the three lowest responsible, responsive Contractors and the remaining guarantees shall be returned to these Contractors after the contract with the selected Contractor(s) is executed.

3. PERFORMANCE BOND BASED ON A PERCENTAGE OF THE OFFERED PRICE: The Contractor to whom a contingent award is made shall duly execute and deliver a Performance and Payment Bond to the County in an amount that represents 100% of the price offered by the Contractor. The Contractor may deliver multiple bonds in lieu of a single bond, provided the total amount of these bonds equals the amount specified above. The bond shall be delivered to the County's Contracts and Procurement Division within ten (10) calendar days after a Notice of Intent to Award is given to the Contractor, either verbally or in writing. If the Contractor fails to deliver the bond within this specified time frame, including any extensions which may be granted by the County, the County shall declare the Contractor in default of the contractual terms and conditions and the Contractor shall surrender its Bid Bond. In lieu of a Performance and Payment Bond, the County will accept a cash bond in the form of a certified cashier's check made payable to El Paso County.

Should an Extension(s), CMO(s) and/or Amendment(s) be completed on the contract that increases the amount of the contract, it shall be a requirement that the Contractor request additional bonding capabilities from their Bonding Agent to match the amended contract amount and the Contractor shall be responsible for paying any fees associated with the increase in the bonding amount. The County shall not be responsible for nor pay for any bonding fee increases.

4. PRICE OFFERS SHALL BE FIXED AND FIRM: The prices offered by the Contractor shall remain fixed and firm. No changes in the Bid shall be allowed after the date and time of the Solicitation opening due to an error by the Contractor. Bids may not be withdrawn after the time and date set for the Solicitation opening for a period of ninety calendar days.

5. POST INTENT TO AWARD MEETING: The Contractor may be required to attend a post intent to award meeting with the County to discuss the terms and conditions of the contract. This meeting will be coordinated by the Contracts and Procurement Division once a Notice of Intent to Award has been issued.

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SPECIAL TERMS AND CONDITIONS

6. COMPETENCY OF CONTRACTORS - MINIMUM THREE (3) YEARS OF EXPERIENCE: Bids will only be considered from Contractors and/or their Key Personnel which have been engaged in the business of performing the Work as described in this Solicitation. Contractors must be able to produce evidence that they have an established satisfactory record of performance for a minimum of three (3) years and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract. The term 'equipment and organization' as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the County and PPRTA.

The Contractor shall submit, with its bid, such evidence of its qualifications including a maximum of three

(3) relevant projects with similar services, timelines and/or magnitudes performed by the Contractor in the last five (5) years and relevant projects with similar services, timelines and/or magnitudes performed by the Contractor’s Project Manager, Superintendent and/or Foremen. The County and PPRTA may consider any evidence available to it (including, but not limited to, financial, technical, and other qualifications and abilities of the Contractor) in making the award in the best interests of the County.

7. QUALIFICATIONS OF CONTRACTOR: The County and PPRTA may make such investigations as deemed necessary to determine the ability of the Contractor to perform the work, and the Contractor shall furnish all information and data for this purpose as the County and PPRTA requests. Such information includes but not limited to: current/maximum bonding capabilities, current licensing information, audited financial statements, history of the firm on assessments of liquidated damages, contracts cancelled prior to completion and/or lawsuits and/or pending lawsuits against the firm and/or its principals. The County reserves the right to reject any Response if the evidence submitted by, or investigation of, such Contractor fails to satisfy the County that such Contractor is properly qualified to carry out the obligations of the Solicitation and to complete the work contemplated therein. Conditional Responses will not be accepted.

8. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED: As part of its Response, the Contractor shall be required to identify any and all subcontractors that will be used in the performance of the contract resulting from this Solicitation. The Contractor shall also identify the capabilities, experience, and portion of the work to be performed by the subcontractor(s). The competency of the subcontractor(s) with respect to skill, responsibility and business standing shall be considered by the County when making the award in the best interest of the County.

9. PAST PERFORMANCE: The County may review Past Performance with El Paso County, PPRTA, or another entity and/or make such investigations as deemed necessary to determine the ability of the Contractor to perform work outlined in this solicitation. If the County has terminated a contract with the Contractor within the past three (3) years, the Contractor may be asked to furnish information for this investigation as the County requests. Such information includes but is not limited to: current/past company references, current licensing information, history of the firm on assessments of liquidated damages, contracts cancelled prior to completion and/or lawsuits and/or pending lawsuits against the firm and/or its principals. The County reserves the right to reject any Response if the evidence submitted by, or investigation of, such Contractor fails to satisfy the County and PPRTA that such Contractor is properly qualified to carry out the obligations of the Solicitation and to complete the work contemplated herein.

Conditional Responses will not be accepted.

10. LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS: If required, Liquidated Damages shall be invoked as specified in the attached CDOT Standard Special Provisions, Revision of Section 108 to the CDOT Standard Specifications for Road and Bridge Construction, 2025, Version 1.

11. CONFLICTS WITHIN THE CONTRACT DOCUMENTS: If conflicts exist within the Contract Documents, the policies stated in the following paragraphs shall govern: A. Project Special Provisions (PSP) shall supersede Construction Plans (Plans), and Plans shall supersede IFB Specifications (Specifications). B.

Addenda shall supersede all other Contract Documents to the extent specified. Subsequent addenda shall supersede prior addenda only to the extent specified.

The Plans, PSP and Specifications are intended to agree and be mutually explanatory and shall be accepted and used as a whole and not separately. Should any item be omitted from the Plans, PSP or Specifications as specified, it shall be implied that such omissions are contained in all three as necessary

Page of 12 41 for the proper construction of the work herein specified. Should any error or disagreement between the three exist or appear to exist, the Contractor shall not avail itself of such manifestly unintentional error or omission but must have same explained or adjusted by the County's PM before proceeding with the work in question.

12. CONSIGNMENT OF CONTRACT NOT ALLOWED: No part of this contract can be consigned to another Contractor.

13. CURRENT PERMITS REQUIRED: Contractor must obtain and pay for all required permits, licenses, inspection fees, etc., and will comply with all laws, ordinances, and regulations associated with construction of the Project. Damages, penalties and/or fines imposed by the County on the Contractor for failure to obtain required permits, licenses, certificates or pay fees shall be borne by the Contractor. The Contractor shall enclose a current copy of their applicable permits, licenses, and inspection certificates with their Response.

14. LICENSES REQUIRED FOR TRADES: Professional contractors performing services in/for the County and PPRTA must show that they have been duly licensed by the municipality where the work is being performed, if required by that municipality, prior to being awarded a contract by the County.

15. LABOR, MATERIALS AND EQUIPMENT TO BE SUPPLIED BY THE CONTRACTOR: Unless otherwise provided in this Solicitation, the Contractor shall furnish all labor, materials, and equipment necessary for satisfactory contract performance. When not specifically identified in this Solicitation, such materials and equipment shall be of a suitable type and grade for the intended purpose.

16. VARIATIONS ALLOWED IF INDICATED: For purposes of Response review, Contractors must indicate any variances to the Specifications, terms, and conditions, and attached Sample Agreement no matter how slight. If variations are not stated in the Contractor's Response, it shall be construed that the Response fully complies with the Specifications, terms, and conditions, and attached Sample Agreement.

Notwithstanding the above, it is hereby agreed and understood that the County reserves the right to reject these variations if they individually, or as a whole, do not meet the standards established in the Specifications.

17. ADDITIONAL SERVICES MAY BE PURCHASED DURING CONTRACT PERIOD: Although this Solicitation specifies an exact location where services are to be performed for the County, it is understood and agreed that the County and PPRTA may, during the term of the awarded contract, request additional services for the same or other locations within the proximity of the Project limits from the successful Contractor. This option, if exercised, is the prerogative of the County and PPRTA and shall be honored by the Contractor as a condition of contract award.

18. ACCIDENT PREVENTION: The Contractor shall be required to take safety precautions in an effort to protect persons and property. All Contractors, Contractors and sub-Contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of the awarded contract.

Any fines levied by the above-mentioned authorities because of inadequate compliance with these requirements shall be borne solely by the Contractor which is responsible for same.

19. DEFICIENCIES IN WORK TO BE CORRECTED BY CONTRACTOR: The successful Contractor shall promptly correct all deficiencies in service and/or any work that fails to conform to the Contract Documents. All corrections shall be made immediately after such deficiencies and/or non-conformances are verbally reported to the Contractor by the County's Project Manager. The Contractor shall bear all costs of correcting such rejected work. If the Contractor fails to correct the work within the period specified in this Solicitation, the County reserves the right to place the Contractor in default of its contractual obligations, obtain the services of another Contractor and charge the Contractor for these costs, either through a deduction from the final payment over to the Contractor or through invoicing.

20. COMPLETION OF WORK: The Contractor shall adhere to the timeline and milestones provided in its Response in which it will commit to perform the work and/or service. All work shall be performed in accordance with good commercial practice, and the timeline and milestones shall be adhered to by the

Page of 13 41 successful Contractor, except in such cases where the timeline will be delayed due to acts of God, strikes, or other causes beyond the control of the Contractor. In these cases, the Contractor shall notify the County of the delays in advance of the original timeline so that a revised timeline can be negotiated. Should the Contractor to whom the contract is awarded fail to complete the work within the timeline as stated in its Response or as subsequently approved, it is hereby agreed and understood that the County reserves the right to cancel the contract with the Contractor and to secure the services of another Contractor to complete the work. If the County exercises this right, the County shall be responsible for reimbursing the Contractor for work which was completed and found acceptable to the County in accordance with the Specifications. In addition, the County may, at its sole discretion, request payment from the Contractor, through an invoice or credit memo, for any additional costs over and beyond the original price which were incurred by the County as a result of having to secure the services of another Contractor.

21. METHOD OF PAYMENT: The successful Contractors shall submit monthly invoices. These invoices shall be submitted to the County's Project Manager.

22. SALES TAX: The County is exempt from paying State or Local Sales Taxes. Contractors should be aware of CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39- 26.708(1)(a)(XIX) sales tax exemption for construction and building materials. State tax I.D. # 09-803308- 0000, Federal tax I.D. # 84-6000764.

23. INDEMNIFICATION: Indemnification – General. The Contractor shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the County, Board of County Commissioners, PPRTA, officials, officers, directors, and employees, from and against all liability, claims, demands, suits, actions or proceedings of any kind that are not the result of or directly related to the performance of professional services, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, which arise out of or are in any manner connected with this Agreement, including workers' compensation claims, in any way resulting from or arising from the services rendered by the Contractor, its employees, agents or subcontractors, or others for whom the Contractor is legally liable, under this Agreement; provided, however, that the Contractor need not indemnify or save harmless the County Board of County Commissioners, PPRTA, its officers, agents and employees, from damages resulting from the negligence of the County's Board of County Commissioners, PPRTA, officials, officers, directors, agents, and their insurers, and employees. The County and PPRTA cannot and by this Agreement does not agree to indemnify, hold harmless, exonerate, or assume the defense of the Contractor or any other person or entity whatsoever, for any purpose whatsoever.

Indemnification for Professional Services. The Consultant shall, to the fullest extent permitted by law, indemnify and hold harmless the County, Board of County Commissioners, PPRTA and any of its officials, officers, directors, agents, and their insurers, and employees, from and against damages, liability, losses, costs and expenses, including reasonable attorney’s fees, but only to the extent caused by or arising out of the negligent acts, errors or omissions of the Consultant, its employees, agents or subconsultants, or others for whom the Consultant is legally liable, in the performance of professional services under this Agreement. The Consultant is not obligated to indemnify or hold harmless the County for the negligent acts of the County, Board of County Commissioners, PPRTA or any of its officials, officers, directors, agents, and employees.

Indemnification – Costs. The Contractor shall, to the extent provided by law, investigate, handle, respond to, and provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor or, at the option of the County and PPRTA, agrees to pay the County and PPRTA or reimburse the County and PPRTA for the defense costs incurred by the County and PPRTA in connection with any such liability, claims or demands. The Contractor shall, to the extent provided by law, bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false or fraudulent. If it is determined by the final judgment of a court of any competent jurisdiction that such injury, loss or damage was caused in whole or in part by the act, omission or other fault of the County, Board of County Commissioners, PPRTA, officials, officers, directors, agents and employees, the County and PPRTA shall reimburse the Contractor for the portion of the judgment attributable to such act, omission or other fault of the County, Board of County Commissioners, PPRTA, officials, officers, directors, agents and employees.

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24. FEDERAL STANDARDS COMPLIANCE: All services to be purchased in conjunction with this Solicitation shall be in accordance with all governmental standards to include, but not be limited to, those issued by the Office of Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).

25. EQUAL OPPORTUNITY: El Paso County and PPRTA intends and expects that the contracting processes of the County and its Contractors provide equal opportunity without regard to gender, race, creed, ethnicity, religion, age, sex, national origin, or disability and that its Contractors make available equal opportunities to the extent third parties are engaged to provide goods and services to the County as subcontractors, Contractor's, or otherwise.