RFP 849 Fairgrounds Bathroom Renovation.pdf

REQEST FOR PROPOSAL (RFP) 849

ROUTT COUNTY FAIRGROUNDS RESTROOM RENOVATION

HAYDEN, COLORADO

The purpose of this Request for Proposal (RFP) and accompanying drawings and specifications are to provide instructions and assistance in submitting an offer to renovate approximately 352 square feet of an existing restroom facility located to the north of the Grandstands at the Routt County Fairgrounds. The Routt County Fairgrounds is located at 398 Poplar Street in Hayden, Colorado. The objective is to have a fully executed Routt County Construction Contract by June 6th, 2025 with project completion by August 7th, 2025.

SCOPE OF WORK (SOW)

Routt County is seeking competitive bids from qualified Professional Contractors to perform a complete renovation of the existing year around restrooms located at the Routt County Fairgrounds, 398 Poplar Street, Hayden, Colorado. The successful bidder will possess an ICC Contractors Certification as required by the Routt County Regional Building Department.

The Restroom Renovation is phase one of a larger multiphase project to include a future 5000 square foot Maintenance Facility at the Fairgrounds. The existing restroom building is currently not in use and will undergo a complete interior and partial exterior remodel as detailed in the attached construction documents. The Contractor will include a “Turnkey” project from Building Permit to final Certificate of Completion. The County objective is to have the renovation complete and ready for occupancy prior to the opening of the 2025 Routt County Fair which begins on August 8th.

A Non-Mandatory Pre-Bid meeting will be held on-site May 1, 2025 at 11:00 a.m. MT for those proposor’s that want to attend.

Please see the following attachments for further information:

RFP Attachment A Fairgrounds Year-Round Restrooms Bid Set RFP 849 Attachment B Specifications Year Round Restrooms 100% CD Set RFP Attachment C Proposal Response Sheet

1) GENERAL TERMS AND CONDITIONS

a) Proposal responses must be posted on Bidnet no later than May 16th, 2025 at

1:00 p.m. MT.

b) Any proposal response received after the time and date stipulated will not be considered and will be rejected and returned to the Proposer. RFP response must be submitted through www.bidnetdirect.com/colorado/routtco. 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 http://www.bidnetdirect.com/colorado/routtco origin, ancestry, sex, sexual orientation, age, religion, handicap, disability, veteran status or genetic information in all business transactions, purchases and contracts.

c) Proposor 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.

d) The failure or omission of a Proposor 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.

e) Proprietary information from competing Proposors shall not be disclosed to the public or to competitors.

f) 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) INQUIRIES AND NO CONTACT POLICY

All questions must be received, in writing, before 1:00 p.m. MT on May 9, 2025 and shall be submitted only in the RFP posting on Bidnet at www.bidnetdirect.com/colorado/routtco.

a) 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.

b) 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.

c) Any contact initiated by any Proposor 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 Proposor 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.

3) LATE PROPOSAL RESPONSES

a) Proposal responses will not be accepted on Bidnet after the closing date and time.

4) 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 void, regardless of when they were mailed. Proposor may submit the same, a new, or a modified Proposal response prior to the due date and time shown above.

b) No Proposor may withdraw a Proposal response within 60 days after the actual date of the RFP opening.

5) MISTAKES AFTER PROPOSAL RESPONSE OPENING

a) Proposal responses containing patently obvious mechanical, clerical or mathematical errors may be withdrawn by the Proposor if clear and convincingly sworn, written evidence is furnished to the County within 48 hours of the Proposal response opening excluding Saturday, Sundays and Legal Holidays.

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

6) 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.

7) INDEMNIFICATION

a) The successful Proposor 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 Proposors 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.

8) PROTEST PROCEDURE

Filing a Protest and When to File:

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.

Subject of Protest:

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.

Content:

• The written protest must include the following:

o The name and address of the protester o Appropriate identification of the purchase o A statement of the reasons for the protest o Any available exhibits, evidence or documents substantiating the protest

Decision:

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.

Withholding of Award:

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

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.

9) 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.

10) CLARIFICATION OF RFP DOCUMENTS AND ADDENDA

a) If a Proposor 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) Proposors requiring additional information may submit their questions on Bidnet at www.Bidnetdirect.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 Proposor’s responsibility to ensure they have all addenda pertaining to this RFP.

e) It will be the Proposor’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 Proposors shall be bound by such addenda.

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

11) WARRANTY

a) Proposor 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.

Specify Warranty:_______________________________________

Closest Warranty Provider:_______________________________

Additional warranty if available

Cost associated:________________________________________

12) PROPOSOR 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____________________________________________

13) GOVERNING PRICES

a) Each Proposor 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").

14) BASIS OF PAYMENT

a) Payments shall be based upon the unit prices Proposal for labor and materials to be provided. Basis of Payment will be as follows:

15) 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 Proposor'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).

16) 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.

17) ITEM SUBSITUTIONS

a) Brochures and/or specifications must be submitted where applicable; if unable to quote on items specified, 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 Proposors to the specific brand, make, manufacturer, or specification named; they are used only to set forth and convey to prospective Proposors 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.

18) REFERENCES AND QUALIFICATIONS

Pay Item Pay Unit

a) All Proposors 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 Proposors are contacted. The County reserves the right to contact references other than, and/or in addition to, those furnished by Proposor.

c) To demonstrate qualifications to perform the work, each Proposor 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 Proposor shortly after award of the contract. Each Proposal response must contain evidence of Proposor'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.

19) SUBCONTRACTORS

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

20) PROPOSOR’S RESPONSIBILITY

a) Each Proposor 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 Proposor 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) Proposors 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 Proposor 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 Proposor 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 Proposor shall not assert that there was a misunderstanding concerning the quantities of the work or the nature of the work to be done.

21) INSTRUCTIONS FOR SUBMITTING PROPOSAL RESPONSE

a) All Proposal responses must be submitted using the format in ATTACHMENT C as provided with this solicitation document.

b) All Proposal responses must be signed by an official of the Proposor firm who has specific and legal authorization to obligate the Proposor 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.

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

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

e) No substitutions will be accepted unless noted.

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

g) 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.

22) CONTRACT DOCUMENT

a) This RFP, submitted documents, and any negotiations, when properly accepted by Routt County BCC shall constitute a contract equally binding between the successful Proposor and Routt County. The selected Proposor 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 cancellation of any contracts.

b) The party to whom the contract is awarded will be required to execute the contract within ten (10) calendar days from the date when the Notice of Award is delivered to the Proposor. The Notice of Award shall be accompanied by the necessary contract. In case of failure of the Proposor to execute the contract, Routt County BCC may at their option consider the Proposor to be in default.

c) The contract that will be used will be a Routt County Construction Contract with attachments including the Proposors response and detailed scope of work. A sample Routt County Construction Contract is shown at the end of this RFP.

d) In the event that Proposor intends to request any changes to the County’s Construction Contract, Proposor must identify those changes, provide a copy of the contract language they are proposing and state the reasons for such request all in the Proposor’s response. If the Proposor states that its request for changes is not negotiable, County reserves the right to reject the Proposor’s response as non-responsive.

23) COUNTY SUPPORT

The County shall:

a) Provide to Proposor all information in possession of the County which relates to the County’s requirements for the project or which is relevant to the project.

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

c) 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.

24) ESTIMATED PROJECT SCHEDULE

25) 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:

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

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

RFP posted on Bidnet April 21, 2025

Non-Mandatory Pre-Bid Meeting May 1, 2025 at 11:00 a.m. MT

Last day for questions May 9, 2025 at 1:00 p.m. MT

RFP response due May 16, 2025 at 1:00 p.m. MT

Recommend Award to BCC May 27, 2025

Contract documents fully executed June 6, 2025

Final completion date August 7, 2025

3. 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

4. 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.

26) 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 $TBD per day for each day the Project remains unfinished beyond the Completion Date of August 7, 2025. A Routt County Construction Contract is at the end of this RFP for your review.

SAMPLE CONSTRUCTION CONTRACT

1. PARTIES.

This Construction Contract (the "Contract"), dated as of Date of Contract, is between Routt County, Colorado (hereinafter called “County”) by and through its Board of County Commissioners (hereinafter called "Board"), and Name of Contractor, (hereinafter called "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:

Name of Contractor

Contractor's Mailing Address

Contractor's Physical Address

City, State Zip Code

2. CONTRACT DOCUMENTS.

2.1 The entire contract between the parties concerning the Project (as hereinafter defined) shall consist of and include:

2.1.1. Advertisement for Bids;

2.1.2. Specifications for: Description of Project;

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 Number of Sheets sheets; and

2.1.10. Addendum No(s).:

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 for Description of Project 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 Project Administrator. All changes in the designation of the Project Administrator shall be made in writing signed by the Chairman 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.

2.5. As used herein, the term "Architect" shall mean Architect Name.

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 for Description of Project 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 Completion Date. 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 insure the 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 insure 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 be 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 Extended Completion Date. 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.

5.1. 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 $Liquidated Damages per day for each day the Project remains unfinished beyond the Completion Date.

5.2. 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 Compensation ($Compensation Numeric) 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. 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, loses, injuries and expenses, including attorney's fees, arising out of or resulting from the performance of the work on the Project.

8.1. 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.

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). 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 Board of County Commissioners, 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 as regard terminating 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 agrees as follows:

14.1. Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. 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.

14.2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.

15. 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.”

16. 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.

17. 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 signed by the Project

Administrator. Any completely executed change order shall be considered authorization to proceed with the additional work. If Contractor proceeds without this authorization, he shall forfeit any claim for additional compensation for the work so performed.

If County deems it expedient to correct damaged work or work not performed in accordance with this Contract, an equitable deduction from the contract price may be authorized by change order.

18. PARTIAL ACCEPTANCE.

During the prosecution of the Project, Contractor may substantially complete a unit or portion of the Project. Contractor may request County's Project Administrator to make a final inspection of that portion of the Project. If the Project Administrator finds, upon inspection, that the work has been satisfactorily completed in compliance with the Contract Documents, he shall accept the work as being completed and Contractor shall be relieved of further responsibility for that work. Such partial acceptance shall in no way void or alter any terms of this Contract.

19. FINAL INSPECTION, ACCEPTANCE AND SETTLEMENT.

When the work is complete and ready for final inspection, Contractor shall file a written notice with the Project Administrator that the work, in the opinion of Contractor, is complete under the terms of this Contract.

Within ten (10) days after Contractor files written notice that the work is complete, the Project Administrator and Contractor shall make a "final inspection" of the Project to determine whether the work has been completed in accordance with the Contract Documents. A final list shall be made by the Project Administrator in sufficient detail to fully outline to Contractor:

a. Work to be completed, if any;

b. Work not in compliance with the Construction Plans or Specifications, if any;

and

c. Unsatisfactory work for any reason, if any.

Four (4) copies of the list will be counter-signed by the Project Administrator and will then be transmitted to Contractor (two copies) and County (two copies).

County shall not authorize final payment until all items on the list have been completed, a certificate of…