City of Steamboat Springs Sanitary Sewer Point Repairs Project

Proposal Deadline – July 30, 2026

I. PURPOSE

The City of Steamboat Springs is accepting sealed bids from qualified contractors for the 2026 Sanitary Sewer Point Repairs Project. Work includes excavation, repair, and replacement of sanitary sewer mains and services at multiple sites throughout the city, as identified through CCTV inspection. Repairs may involve PVC and polyethylene pipe replacement, installation of new fittings, dewatering, trenching, bedding, backfill, asphalt patching, and restoration of vegetated areas.

All work must conform to the City of Steamboat Springs Standard Specifications for Water and Wastewater Utilities and the project’s Special Provisions. The project includes seven repair locations as listed in the Bid Schedule, along with required traffic control, site management, revegetation, and coordination with nearby residents.

Construction may begin upon award and must be completed by October 31, 2026. No weekend or holiday work is permitted.

II. PROPOSAL REQUIREMENTS

A. Proposals must be submitted via the electronic submission on BidNet (https://www.bidnetdirect.com/colorado/cityofsteamboatsprings) no later than 5:00 PM prevailing time on July 30, 2026 as specified on the solicitation notice. Please note that supplier / contractors must register on BidNet (https://www.bidnetdirect.com/) in order to submit their proposals electronically. Late proposals will not be accepted. If you need assistance, please contact BidNet’s Vendor Support Department at 800-835-4603, Option 2. Proposals shall contain a Cover Sheet, a Cost Proposal, signed by an authorized agent of the firm and, other detailed information listed below in the following paragraphs.

1. Cover sheet: The cover sheet shall list the contractor with name, phone number and email address of the person who may be contacted to answer questions. Also, the cover sheet shall state who prepared the proposal and how they can be reached.

2. References: A minimum of three references from other customers who have received similar equipment and services. Please include name, business or agency affiliation, and phone number.

3. Cost Proposal: Proposal must be submitted on the attached Cost Proposal Form. Supporting documentation may be attached. Please fill out in Excel only; do not handwrite in your bid schedule. Please return in excel form along with any other documents.

B. Questions shall be submitted, in writing only, via the electronic submission on BidNet

(https://www.bidnetdirect.com/colorado/cityofsteamboatsprings) no later than 5:00 PM, July 22, 2026. Responses to all questions shall be issued in the form of an addendum no later than 5:00 PM, July 23, 2026. Proposers are cautioned not to contact other City staff during this RFP process. Failure to comply may result in disqualification.

V. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED

During the performance of a contract awarded pursuant to this advertised “Request for Proposal”, the contractor agrees as follows:

https://www.bidnetdirect.com/colorado/cityofsteamboatsprings https://www.bidnetdirect.com/

A. The vendor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. The vendor, in all solicitations or advertisements for employees placed by or on behalf of the vendor, will state that such contractor is an equal opportunity employer.

C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purposes of meeting the requirements of this section.

D. Contractor shall be in compliance with the applicable provisions of the Americans with Disabilities

Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof.

VI. INSURANCE REQUIREMENTS

A. Vendor shall provide at his own expense the following insurance for himself and his employees in connection with their work under this project:

1. Worker’s Compensation: Statutory

2. General Liability: $1,000,000 each occurrence and $2,000,000 aggregate

3. Auto Liability Insurance: $1,000,000 each occurrence and $1,000,000 aggregate

B. The vendor/contractor shall indemnify and hold harmless the City against and from all liability, claims, damages, demands and cost, including attorney fees of every kind and nature and attributable to bodily injury, sickness, disease or death or to damage or destruction of property resulting from or in any manner arising out of or in connection with the project and the performance of the work under this contract.

C. Bonding

Vendor will need to fill out the bid bond sheet attached for 5% the total cost of the bid. After a vendor is selected the winning vendor will be required to provide payment and performance bonds for 100% of the total cost of the proposal.

VII. AWARD OF CONTRACT

A. Purchase orders, invitations for bid (IFB), requests for proposal (RFP), tally sheets and other purchasing information of a public nature are available for inspection at the Procurement and Contracting office. This information will only be made public after a bid opening or after a contract award in a proposal process. Some proposal and bid documents are confidential (i.e. financial statements, litigation records, internal selection criteria results, etc.) Records requests for information identified as confidential by bidders or proposers as approved by the City Attorney will not be considered a public record, unless the provisions of the Colorado Open Records Act or a court order require otherwise.

B. The City will evaluate responsive proposals and may select two or more vendors to be fully qualified and best suited among those submitting proposals, based on the factors listed above.

Further information may be requested from all the vendors so selected. Costs and compensation will generally be considered but is not the sole determining factor. In many cases, other factors, including but not limited to experience, financial and professional capacity, references, service, warranties, proposed approach, life cycle costs, etc. are more important than the initial cost.

After the evaluation, information gathering, and further negotiation is completed, the City shall select the vendor who, in its opinion, best meets the need of the City, and shall award the contract to that vendor. Should the City determine, in its sole discretion that only one vendor is fully qualified or is clearly more qualified than the others under consideration a contract may be negotiated and awarded to that vendor.

C. The City of Steamboat Springs reserves the right to reject any or all bids and proposals, to waive informalities or irregularities, in the proposals received, and to reject non-conforming, non-responsive, conditional or qualified proposals, and to accept the bid/proposal which, in the City’s judgment, best serves the interest of the City of Steamboat Springs and its citizens.

VIII. GENERAL CONDITIONS

A. Proposals must be submitted via the electronic submission on BidNet (https://www.bidnetdirect.com/colorado/cityofsteamboatsprings) no later than 5:00 PM prevailing time on July 30, 2026 as specified on the solicitation notice. Please note that supplier / contractors must register on BidNet (https://www.bidnetdirect.com/) in order to submit their proposals electronically. Late proposals will not be accepted. If you need assistance, please contact BidNet’s Vendor Support Department at 800-835-4603, Option 2.

B. Proposals shall be firm for a period of 90 days commencing July 30, 2026.

D. Any person or agency on the US Attorney General’s list of ineligible contractors will not be considered.

E. The offeror certifies by signing this proposal that this proposal is made without prior understanding, agreement or accord with any other person submitting a proposal for the same product or service and that this proposal is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person engaged in the same line of business or commerce.

Any false statement hereunder constitutes a felony and can result in a fine and imprisonment as well as civil damages.

F. The company and equipment awarded this contract or purchase order shall be required to comply with all State and Federal requirements related to the contract.

G. Proposals shall be considered public information unless advised otherwise by the proposer.

Proposer shall include a separate letter stating which parts of the Proposal are deemed confidential and/or proprietary information not to be released.

H. The submitted proposal will become a part of any contract or Purchase Order issued for this project. Please see our construction template. You will need to be able to abide by these terms and conditions to enter into a contract with the City.

https://www.bidnetdirect.com/

PROJECT: City of Steamboat Springs

DATE: July 1, 2026

ITEM Spec. DESCRIPTION EST. QTY UNIT UNIT PRICE TOTALS No. Sec. (contractor to write unit price in words)

SCHEDULE 1 -SANITARY SEWER POINT REPAIRS

1 SP General Conditions / Mobilization 1 LS $0.00

2 SP Traffic and Pedestrian Control 1 LS $0.00

3 SP

Construction Site Management Plan/Temporary Stormwater Management (includes all erosion control) 1 LS $0.00

4 SP Dewatering 7 Day $0.00

5 SP Repair #1 - Downhill Drive 1 LS $0.00

6 SP Repair #2 - 2nd Street 1 LS $0.00

7 SP Repair #3 - Blue Sage Dr 1 LS $0.00

8 SP Repair #4 - Blue Sage Dr. 1 LS $0.00

9 SP Repair #5 - Blue Spruce Ct. 1 LS $0.00

10 SP Repair #6 - Blue Sage Dr 1 LS $0.00

11 SP Repair #7 - CR129/Elk River Rd 1 LS $0.00

12 SP Revegetation and Seeding (Repairs 3, 4, 7) 1 LS $0.00

13 SP Full Depth Asphalt Patch (Repairs 1, 2, 5, 6) 1 LS $0.00

$0.00

$0.00

Grand Total $0.00

BID SCHEDULE

SANITARY SEWER POINT REPAIRS

Bid Schedule (1) 1 of 1

Please do not handwrite in numbers, please return in excel with its own attachment

115 10th Street Steamboat Springs, Colorado 80487 970.879.2060 steamboatsprings.net

SPECIAL PROVISIONS

This project shall be constructed in conformance with the City of Steamboat Springs Standard Specifications for Water and Wastewater Utilities, latest edition (referred to as the Standard Specifications), and the Project Specifications. The Special Provisions serve to supplement, modify, delete and or add to the specifications, details and bid as required for the project. Where any article, paragraph, or sub paragraph in the specifications is in conflict with one of the following provisions, the following provisions shall prevail. Any part of such article, paragraph, or subparagraph not in conflict with the following provisions shall remain in effect.

1.0 BUDGET

The City has a fixed budget for the project. In order for the project to be awarded the total project amount must not be more than the available funding. Based on this, the City hereby reserves the right to delete specific bid items or to adjust quantities to coincide with available funding. For bidding purposes, all Contractors must be aware that this may occur.

2.0 MEASUREMENT AND PAYMENT

The method of measurement and payment shall be as indicated in the Standard Specifications and Project Specifications unless otherwise indicated in these Special Provisions or on the Bid Schedule.

3.0 PIPE MATERIAL

Pipe material for all new sections of sanitary sewer services shall be SDR 35. All bends and fittings must be gasketed.

4.0 POINT REPAIR COSTS

Costs for point repairs shall include the cost of all pipe materials, fittings, and installation, as well as trenching, foundation, bedding, shading, and backfill as described in Section 24 of the Standard Specifications and the Trench Cross Section detail with a maximum width of 4-feet. Point repair costs shall also include any site work necessary for preparation and site restoration. Pipe installation costs shall also include all necessary testing and inspecting.

5.0 PRIVATE PROPERTY PROTECTION

It is the Contractor’s sole responsibility to protect all private property during construction. It is the contractor’s responsibility to correct any damages made to private property outside of the construction zone. Any damages to private property resulting from carelessness is considered incidental to the project and is the contractor’s responsibility to fix.

6.0 REVEGETATION AND SEEDING

In addition to requirements outlined in Section 22 of the Standard Specifications, the work shall include seeding of disturbed areas, maintenance of seeded area, repair of ruts, reseeding areas where seed has been lost, replacement of lost mulch, etc.

Payment for this work will be made under the bid item “Revegetation and Seeding”.

Mulch and/or seed blanketing shall be considered incidental to the work and included in the bid item.

7.0 ASPHALT PATCH REQUIREMENTS

All asphalt patching and pavement restoration associated with sanitary sewer point repairs shall conform to the requirements of the City of Steamboat Springs Standard Specifications for Water and Wastewater Utilities, latest edition, including Section 24 (Trenching, Bedding, and Backfill) and Section 32 (Surface Restoration), as well as the details shown on the project plans.

Patch Limits:

• The minimum width of any asphalt patch shall extend at least 2 feet beyond the edge of the trench on all sides, unless otherwise shown on the plans or directed by the Engineer.

• The length and width of the patch shall be field-verified and approved by the Engineer prior to placement.

Materials and Construction:

• Asphalt patch materials shall match the existing pavement section, including thickness, aggregate base, and asphalt mix type, as specified in the City Standards.

• All patches shall be constructed as full-depth replacements, restoring the entire pavement section disturbed by excavation.

• Compaction and placement shall meet City requirements for density and finish.

Restoration and Acceptance:

• The finished patch shall be flush with adjacent pavement and free of defects such as settlement, cracking, or raveling.

• Restoration shall include replacement of any pavement markings, signage, or other surface features disturbed by construction.

• All patches shall be subject to inspection and approval by the City prior to final acceptance.

Measurement and Payment:

• Asphalt patching shall be measured and paid for as indicated in the Bid Schedule under “Full Depth Asphalt Patch”.

8.0 TOPSOIL – STRIP STOCKPILE ONSITE AND REUSE

Any portion of the sanitary sewer that is located in vegetated areas must be restored to pre-construction conditions. Once the trench area for the point repair has been cleared and grubbed, the topsoil located within the disturbed area shall be excavated and stored onsite for reuse. No payment will be made for imported topsoil material.

9.0 DEWATERING

Groundwater could be encountered during construction. It is the Contractor’s responsibility to properly perform dewatering operations in accordance with all applicable codes and laws. It is the Contractor’s responsibility to obtain any applicable permits (including State permits) prior to commencing construction. The contractor may pump to sanitary after pre-sedimentation treatment has been performed. The contractor shall bid the project assuming they will dewater to the existing sanitary sewer system.

The groundwater must pass through a de-sedimentation device prior to discharging to the sanitary sewer system. Payment for dewatering shall be made under the bid item “Dewatering”. Payment will not be made for dewatering on days that no trench work is being completed.

10.0 PEDESTRIAN CONTROL

The contractor should be aware of the presence of pedestrians in the vicinity of each point repair. All precautions must be taken to provide safe access around each work zone.

11.0 COORDINATION WITH LOCAL RESIDENTS

The Contractor is expected to partner with the City to coordinate this project with residents. Regular and sometimes daily communication with residents is required for point repairs resulting in any customer outage. There will be no separate payment for this coordination. It is considered incidental to the execution of the work.

12.0 WEEKEND WORK

Weekend work and holiday work is not allowed.

13.0 CONSTRUCTION HOURS

The contractor shall limit construction activities to the hours of 7:00 am and 7:00 pm Monday through Friday.

14.0 CONSTRUCTION SCHEDULE

The project may begin after award of bid. All point repairs and associated work shall be completed by October 31, 2026. Once work has commenced on a point repair the contractor shall continue the work without interruption until the work is completed.

15.0 CONSTRUCTION STAGING AND STORAGE

Unless a staging area is described on the plans or in the specifications, construction materials and equipment shall not be stored in streets, roads, highways, or on public property except during its actual use on the work.

16.0 REPAIR #1

Repair #1 is located on Downhill Drive at the intersection of Downhill Drive and W Acres Drive. There is about a 5’ section of 8” PVC that is offset. This offset is located approximately 21.4’ upstream of MH 48.13. The images below were taken from CCTV footage of the offset pipe section.

Figure 1 - Repair #1

Figure 2 - Repair #1

17.0 REPAIR #2

Repair #2 is located on 2nd Street just north of Pine Street. The polyethylene pipe and sewer service wye is collapsing approximately 44’ upstream of MH 73.17.3. The polyethylene pipe should be cut back to expose at least 3’ of good, round pipe. A new section of pipe and a full bodied wye shall be installed. The image below was obtained from CCTV footage of the defect.

Figure 3 - Repair #2

18.0 REPAIR #3

Repair #3 is located on in a vegetated area adjacent to Blue Sage Dr near the intersection of Blue Sage Dr and Ridge View Dr. There is a longitudinal crack as shown in the image below located approximately 55’ from MH 73.40.

Figure 4 - Repair #3

19.0 REPAIR #4

Repair #4 is located on in a vegetated area adjacent to Blue Sage Dr near the intersection of Blue Sage Dr and Blue Bell Ct. There is an offset section of 8” PVC located approximately 98’ from MH 73.45.1 as shown in the images below.

Figure 5 - Rapair #4

Figure 6 - Repair #4

20.0 REPAIR #5

Repair #5 is located on Blue Spruce Ct. There is an approximately 5’ longitudinal crack in the flowline of the 8” PVC located about 5’ from MH 73.42.7.

Figure 7 - Repair #5

21.0 REPAIR #6

Repair #6 is located on lower Blue Sage Drive. There are two offset sections on this 8” PVC. One offset is located approximately 67’ from MH 73.50.A and the second is located approximately 86’ from MH 73.50.A as shown in the images below. There is one 4” service tap located within the offset section which will need to be replaced.

There is one 4” sewer service located on the offset section that will need to be replaced.

Figure 8 - Repair #6

Figure 9 - Repair #6

Figure 10 - Repair #6

22.0 REPAIR #7

Repair #7 is located on CR129/Elk River Road in a vegetated area just north of Duckels Ct. There is an offset section of 8” PVC located approximately 155.5’ from MH 48.4.25 as shown in the images below.

Figure 11 - Repair #7

Figure 12 - Repair #7

Construction Services

AN AGREEMENT BY AND BETWEEN THE CITY OF STEAMBOAT SPRINGS, A MUNICIPAL

CORPORATION, AND ______ AND _______ IN STEAMBOAT SPRINGS, COLORADO.

SECTION I - PARTIES

THIS AGREEMENT, made this day of , 2026 by and between the City of Steamboat Springs, hereinafter referred to as the “City” and _________., doing business as (a corporation) hereinafter called “Contractor”.

SECTION 2 - RECITALS AND PURPOSE

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

2.1 The Contractor will commence and complete the ________, hereinafter called “Project.”

2.2 The Contractor represents that it has the special expertise and background necessary to complete the project for the amount of Contractor’s Proposal and within the time period specified.

SECTION 3 - SCOPE OF SERVICES

The Contractor agrees to complete the Project in accordance with all the Contract Documents referenced in Section 5 below.

3.1 The Contractor will furnish all of the material, supplies, tools, equipment, labor and other items necessary for the construction and completion of the Project described herein.

3.2 The Contractor will commence the work required by the Contract Documents upon the direction of ______ for the City of Steamboat Springs.

SECTION 4- COMPENSATION

4.1 The Contractor agrees to perform all of the work to complete the Project described in the Contract Documents and comply with the terms therein for the sum of ____

4.2 The amount appropriated for the Contract is ________. The issuance of any change order or other form of order or any directive by the City requiring additional compensable work to be performed, which work causes the aggregate amount payable under the contract to exceed the amount appropriated is hereby prohibited, unless the Contractor is given written assurance by the City that lawful appropriations to cover the costs of additional work have been made or such appropriations have in fact been made, unless such work is covered under a remedy-granting provision herein.

4.3 Payments: City shall authorize partial payments of the amounts due hereunder at the end of each calendar month, or as soon thereafter as practicable, to the Contractor, if the Contractor is satisfactorily performing the contract. City shall pay the Contractor ninety-five percent (95%) of the amount shown on the pay application and approved by the City’s project administrator. The withheld percentage of the contract price of any such work shall be retained until the contract is completed satisfactorily and finally accepted by the City. If the City finds that satisfactory progress is being made in all phases of the contract, it may, upon written request by the Contractor, authorize final payment from the withheld percentage to the Contractor or subcontractors who have completed their work in a manner finally acceptable to the City. Before such payment is made, the City shall determine that satisfactory and substantial reasons exist for the payment and

Example of contract vendor will go under shall require written approval from any surety furnishing bonds for the contract work. Retainage will not be deducted on any prepayment request for the building required by the manufacturer prior to delivery.

SECTION 5 - CONTRACT DOCUMENTS

The term “Contract Documents” means and includes the following:

A. Agreement B. Quote from Vendor and Drawings, Exhibit A C. General Conditions, Exhibit B

SECTION 6 - TIME FOR COMPLETION AND LIQUIDATED DAMAGES

The date of beginning and the time for completion of the project are essential conditions of the Contract Documents and the work embraced shall be commenced at estimated date of _______________, or as directed by the City and the date for substantial completion is _____________. This Agreement shall terminate on _____________. However, all relevant indemnification, warranty, and insurance provisions shall survive the termination of this Agreement.

6.1 The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the City, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

6.2 If the Contractor shall fail to complete the work within the contract time, or extension of time granted by the City, then the Contractor will pay to the City the amount for liquidated damages in the amount of ____$0_____for each calendar day that the contractor shall be in default after the date stipulated in the Contract Documents.

6.3 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the City or architect.

6.3.1 To any preference, priority or allocation order duly issued by the City.

6.3.2 To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the City, acts of another Contractor in the performance of the contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and the abnormal and unforeseeable weather, and

6.3.3 To any delays of subcontractors occasioned by any of the causes specified in paragraphs 6.3.1 and 6.3.2 of the section.

SECTION 7 - NON-APPROPRIATION

Each party hereto agrees that the revenues and expenditures hereunder shall constitute current expenditures and revenues payable and receivable in the fiscal years for which funds are appropriated for the payment thereof. The obligations of the City under this agreement 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 or payable from any funds other than funds appropriated for the payment of current expenditures. No provision of this agreement shall be construed to pledge credit or to create a lien on any class or source of the City’s monies.

SECTION 8 - INSURANCE

8.1 The Contractor shall procure and maintain, and shall cause each subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed below. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to this Agreement. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured by the Contractor to maintain such continuous coverage.

8.1.1 Worker’s Compensation insurance as required by the Labor Code of the State of Colorado and Employers Liability Insurance. Evidence of qualified self-insured status may be substituted.

8.1.2 General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall include the City of Steamboat Springs, its officers and its employees, as additional insured, with primary coverage as respects the City of Steamboat Springs, its officers and its employees, and shall contain a severability of interests provision.

8.1.3 Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of Contractor’s owned, hired and/or non-owned vehicles assigned to or used in performance of the services. The policy shall include the City of Steamboat Springs, its officers and its employees, as additional insured, with primary coverage as respects the City of Steamboat Springs, its officers and its employees, and shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this paragraph shall be met by each employee of the Contractor providing services to the City under this contract.

8.1.4 The Contractor shall secure, if applicable, “All Risk” type Builder’s Risk Insurance for work to be performed. Unless specifically authorized by the City, the amount of such insurance shall not be less than the Contract Amount totaled in the Bid. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind collapse, riot, aircraft, and smoke during the Contract Time, and until the work is accepted by the City. The policy shall name as the insured the Contractor, the Engineer, and the City.

8.2 A certificate of insurance shall be completed by the Contractor’s insurance agent(s) as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the City’s Senior Procurement Agent prior to commencement of any services under the contract.

8.3 The parties hereto understand and agree that the City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity act, 24-10-101 C.R.S.

et seq., as from time to time amended, or otherwise available to the City, its officers, or its employees.

SECTION 9 - INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the City, and its officers and its employees, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, violation, penalty, fine or damage, which arise out of or are in any manner connected with the work to be performed under this contract, if such injury, loss, violation, penalty, fine or damage is caused by, or is claimed to be caused by, the act, omission, or other fault of the Contractor or any officer or employee of the Contractor. The obligations of this Section 9 shall not extend to any injury, loss, violation, penalty, fine or damage which is caused by the act, omission, or other fault of the City.

SECTION 10 - QUALITY OF WORK

Contractor’s professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of construction services of a similar nature.

SECTION 11 - INDEPENDENT CONTRACTOR

Contractor and any persons employed by Contractor for the performance of work hereunder shall be independent contractors and not agents of the City. Any provision in this Agreement that may appear to give the City the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the City as to end results of the work only. As an independent contractor, Contractor is not entitled to worker’s compensation benefits except as may be provided by the independent contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the independent contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any monies earned or paid pursuant to this contract.

SECTION 12 - ASSIGNMENT

Contractor shall not assign or delegate this Agreement or any portion thereof, or any monies due to or become due hereunder without the City’s prior written consent.

SECTION 13 - DEFAULT

Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event that either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default.

SECTION 14- NOTICE

All notices, communications, or written devices concerning this Agreement shall be mailed by certified mail, return receipt requested, to the addresses listed below. Notices shall be deemed received on the date of delivery indicated on the return receipt.

CITY OF STEAMBOAT SPRINGS

c/o Legal Department 115 10th Street Steamboat Springs, CO 80487

CONTRACTOR

SECTION 15 - INTEGRATION AND AMENDMENT

This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties.

SECTION 16 - CONSTRUCTION OF CONTRACT DOCUMENTS

In the event there is a conflict between a provision of this Agreement and a provision of any of the Contract documents, the provisions of this Agreement shall prevail.

SECTION 17 - EQUAL OPPORTUNITY EMPLOYER

17.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color religion, age, sex, disability, or national origin.

Such action shall include but not be limited to the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; 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, notice to be provided by agency of the Federal government, setting forth the provisions of the Equal Opportunity Laws.

17.2 Contractor shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990 as enacted and from time to time amended any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the American with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof.

SECTION 18 – ACCESSIBILITY

Contractor shall comply with, and all software, work product, documents, services, and deliverables of any kind provided under this Agreement shall be accessible and in compliance with, all applicable provisions of §§24-85-101, et seq., C.R.S.

The Contractor shall comply with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. section 24-85-103.

The Contractor shall indemnify, hold harmless, and assume liability on behalf of the City, and the City’s officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the City in relation to the Contractor’s noncompliance with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to C.R.S. section 24-85-103.

Notwithstanding the foregoing, if at any time Contractor breaches the requirements of this Section and/or delivers software, work product, documents, services, and/or deliverables that are non-compliant with Colorado accessibility law and that City determines cannot be resolved to the City’s satisfaction, in addition to any other rights or remedies of the City hereunder, the City shall have the right to terminate the Agreement.

SECTION 19 - COMPLIANCE WITH LAWS

Contractor shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the City; for payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals.

SECTION 20 - SEVERABILITY

Any provision of this Agreement which is determined to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect.

SECTION 21- VENUE AND CHOICE OF LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to the conflicts of laws principles thereof. This agreement may be enforced in any Colorado state court sitting in Routt County in the 14th Judicial District, Colorado; each party consents to the jurisdiction and venue of any such court and waives any arguments that venue in such forum is inconvenient. In the event either party commences any action in another jurisdiction or venue under any tort or contract theory arising directly or indirectly from the relationship in the Agreement, the City, at its option, shall be entitled to have the case transferred to the jurisdiction and venue above described, or if such transfer cannot be accomplished under applicable law, to have such case dismissed without prejudice.

Dated this ______ day of ______________________________ , 2026.

CITY OF STEAMBOAT SPRINGS,

A Municipal Corporation

Tom Leeson City Manager

VENDOR

GENERAL CONDITIONS

SECTION 01030

ALTERNATES & SUBSTITUTIONS

PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. The General Contract Conditions, Drawings, any Exhibits or Scopes of Work, and other Division-1 Specification sections apply to this section.

1.02 ALTERNATES

A. The Contractor shall request in writing any proposed material alternates or substitutions well in advance of ordering and shall provide all information that will allow a comparison of any proposed material alternate or substitution.

B. The Contractor may make material alternates or substitutions only with the written approval of the Project Engineer (hereinafter all references to “Project Engineer” shall refer to the City employee listed in Section

3.2 of the Agreement if there is no City designated Project Engineer) and as documented in a Change Order.

C. Whenever a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, it shall be understood that this be referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the contract documents by reference to brand name or catalogue number, and if, in the opinion of the Project Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Project Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and the contract documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time.

D. Substitutions may be accepted by the Project Engineer if sufficient information is submitted by the Contractor to allow the Project Engineer to determine that the material or equipment proposed is equivalent to that named in the specifications. The procedure for review by the Project Engineer will be as set forth below:

1. Request for review of substitute items of material and equipment will not be accepted by Project Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make written application to Project Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified, and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation of use of the substitute in connection with the work is subject to payment of any license fee or royalty.

All variations of the proposed substitute from that specified shall be identified in the application, and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of re-design and claims of other Contractors affected by the resulting change, all of which shall be considered by Project Engineer in evaluating the proposed substitute.

Project Engineer may require Contractor to furnish, at Contractor’s expense, additional data about the proposed substitute. Project Engineer will be the sole judge of acceptability, and no substitute will be ordered or installed without Project Engineer prior written acceptance. City may require Contractor to furnish, at Contractor’s expense, a special performance guarantee or other surety with respect to any substitute.

2. Project Engineer will record time required by City in evaluating substitutions proposed by Contractor and in making changes in the drawings or specifications occasioned thereby. Whether or not Project Engineer accepts a proposed substitute, Contractor shall reimburse City for the charges of Project Engineer and City’s consultants for evaluating any proposed substitute.

01035 MODIFICATION PROCEDURES

PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. The General Contract Conditions, Drawings, any Exhibits or Scopes of Work, and other Division-1 Specification sections apply to this section.

1.02 CHANGES IN WORK

A. The City may at any time, as the need arises, order changes within the scope of the work without invalidating the agreement. If such changes increase or decrease the amount due under the contract documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order.

B. The Project Engineer may also, at any time, issue a field order for the purpose of clarification, information, warnings, or changes in the details of the work. The Contractor shall proceed with the requirements of the order as indicated. If the Contractor believes that such field order entitles him to a change in the contract price or time, or both, he shall notify the Project Engineer in writing within 7 days and return a copy of the field order to the Project Engineer, with the amount of change in the contract time and price noted, within 30 days. Determination of changes in contract price will be made in accordance with 1.03 Changes in the Contract Price below. Field order and associated costs will be authorized by change order. If so directed, the Contractor may commence directed work prior to initiation of a change order.

C. The Contractor may at any time submit a clarification request to the Project Engineer for the purpose of clarification, information or proposed changes in the details of work. The clarification request shall be subject to the Project Engineer’s review and the Contractor may proceed with clarification request requirements, if applicable, as approved by the Project Engineer. Adjustments to the contract price or time should be included with the clarification request. Clarification requests shall be authorized by change order as described above.

D. The City shall supply the Contractor with the above forms and additional information following project initiation.

1.03 CHANGES IN THE CONTRACT PRICE

A. The contract price may be changed only by a change order. The value of work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below:

1. Unit prices previously approved

2. An agreed lump sum

3. Force Account B. Unit prices shall be the preferred means for adjusting the contract price.

C. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed by plus or minus twenty (20) percent so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the City or Contractor, the applicable unit prices shall be equitably adjusted.

D. If unit prices do not exist for added or deleted work, the City and the Contractor shall endeavor to agree on a lump sum price for the added or deleted work.

E. If the City and the Contractor cannot agree to a lump sum price for the added or deleted work, a Force Account method of determining the adjustment shall be utilized to determine the adjustment in contract price for the added or deleted work. Detailed records of actual hours for labor and equipment and an account of materials used will be made daily by the Project Engineer and agreed to by the Contractor.

F. The value of the increase or decrease shall be determined by the City on the basis of actual costs and a percentage for overhead and profit. Costs shall only include labor (payroll, payroll taxes, fringe benefits, workmen’s compensation, etc.), materials, equipment, and other incidentals directly related to the work involved. The maximum percentage allowed for contractors’ combined overhead and profit, shall be as follows:

1. For all such work done by his/her own organization, the Contractor may add up to 10% of his/her actual net increase in costs.

2. For all such work done by subcontractors, each subcontractor may add up to 10% of his/her actual net increase in costs for combined overhead and profit. The Contractor may also add up to 5% of the subcontractor’s total for his/her combined overhead and profit, provided that no overhead or profit shall be allowed on costs incurred in connection with premiums for public liability insurance or other special insurance directly related to such work.

3. In such case the Contractor will submit in form prescribed by the City an itemized cost breakdown together with supporting data. Supporting data shall include certified payrolls, equipment costs (actual or by Rental Rate Blue Book of Rental Rates for Construction Equipment); and material invoices.

4. The amount of credit to be allowed by the Contractor to the City for any change that results in a net decrease in cost will be the amount of the net cost decrease as determined by the City’s Representative, as described above, plus a percentage for combined overhead and profit as outlined above. When both additions and credits are involved with any one change, the combined overhead and profit shall be figured on the basis of the net increase or decrease. The Contractor will not be required to credit actual incurred overhead expenses to the City on change orders involving net decreases to the contract price.

1.04 TIME FOR COMPLETION AND LIQUIDATED DAMAGES

A. The date of beginning and the time for completion of the work are essential conditions of the contract documents, and the work embraced shall be commenced on a date specified in the notice to proceed as agreed by the City and the Contractor at the Pre-Construction meeting.

B. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed by and between the Contractor and City that the contract time for completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work.

Adverse weather is not a condition for a time extension for the work or the basis for any claim.

C. If the Contractor fails to complete the work within the contract time, or extension of time granted by the City, then the Contractor will pay to the City the amount for liquidated damages as specified in the bid for each calendar or workday that the Contractor shall be in default after the time stipulated in the Contract documents. Liquidated damage penalties will be considered on a project-by-project basis and will be identified in the Contact Documents.

D. When any period of time is referred to in the Contract documents by days, it will be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. When calendar days are used as the basis of computation, a day shall be constituted by 24 hours measured from midnight to the next midnight. When work days are used as the basis of computation, a day shall be constituted as days of the week not specifically restricted by stipulations of the contract documents; most regularly work days would be Monday through Friday.

1.05 SUBSURFACE CONDITIONS

A. The Contractor shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the City by written notice of:

1. Subsurface or latent physical conditions at the site differing materially from those indicated in the contract documents; or

2. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract documents.

B. The Contractor shall promptly investigate the conditions, and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the work, an equitable adjustment shall be made and the contract documents shall be modified by a change order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the City may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment.

C. In the event the Contractor and the City are unable to reach an agreement concerning the alleged changed conditions, the Contractor shall keep an accurate and detailed cost record which will indicate not only the cost of the work done under the alleged changed conditions, but the cost of any remaining…