Hazard Mitigation Plan RFP

Clear Creek County Hazard Mitigation Plan
Clear Creek County Hazard Mitigation Committee






           




Request for Proposals


Proposal Deadline:
                                                          Friday, December
30, 2020
     4:30 PM

Mail
Proposal to:
Clear Creek Clerk and Recorder
c/o Brenda Corbett
P.O. Box 2000
405 Argentine St.
Georgetown, CO 80444



Table of Contents
Legal Notice
.. 3
General Conditions
. 5
Project Description
.. 5
I.      Event History and Description.. 5
II.
Scope of Work.. 5
III.   Qualifications required: 8
IV.   Expected End Product.. 9
V.     Timeline of Project.. 9
VI.   Personnel.. 9
VII.  Equipment.. 9
IX    Pricing   9
PROPOSAL SUBMITTAL REQUIREMENTS
. 10
I.
      Submittal Page (Please include this checklist)

10
II.
     Company Data
. 10
III.
   Experience
. 10
IV
    Proposed cost detail for a delivery of one (1) Multi-Jurisdictional Hazard
. 10
Identification and Risk Assessment for the area as described.
10
PROPOSAL EVALUATION
.. 11
Evaluation Criteria Proposals will be evaluated on the following minimum criteria: 11
SPECIAL CONDITIONS
. 11
I.      Bidder Responsibility. 11
II.     Award of Bid. 12
Information Only- Clear Creek Profeesional Services Agreement..........................................................12


Legal Notice

Clear Creek County
 Request for Proposals
Multi-Jurisdictional Hazard Mitigation Plan Update

Notice is hereby given that the Clear Creek County will accept proposals for update of a Multi-Jurisdictional Natural Hazards Mitigation Plan.

Those interested in submitting a proposal may attend a conference call into a pre- proposal conference meeting to be held virtually, Zoom information listed below on Thursday,
12.16.2020 at 1:30 PM. This will be the only opportunity for individuals interested in submitting a proposal to clarify and meet with Clear Creek County Hazard Mitigation Committee.  Please contact J. Thomas at document.write('jthomas'+'@'+'clearcreeksheriff.us')For security reasons, you must enable JavaScript to view this E-mail address. / (970)4096388 if there is difficulty connecting to Zoom meeting and /or phone-in the meeting.  
Join Zoom Meeting
https://zoom.us/j/9698686137  connecting

Meeting ID: 9698686137
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Meeting ID: 969 868 6137

One (1) original and four (4) complete copies of the proposal, clearly marked “Multi-Jurisdictional Hazard Mitigation Plan Update” will be received by the Clear Creek County Clerk and Recorder on or prior to
Wednesday, December 30, 2020, 4:30 PM.at 405 Argentine St. Georgetown, CO 80444. Additionally, please submit one electronic copy (PDF) of the proposal to
document.write('jthomas'+'@'+'clearcreeksheriff.us')For security reasons, you must enable JavaScript to view this E-mail address.. One week after the closing time, the proposals shall be opened by the Clear Creek County Hazard Mitigation Planning Committee (CCCHMPC, see list below of CCHMPC members) and considered based on criteria outlined within this document, see proposal evaluation.  Proposals received after the closing time shall not be considered.

CCCHMP Committee members:
BoCC Rep/CCC Assessor/CCC Clerk& Recorder/CCC Coroner/ CCC Emergency Management/
CCC Emergency Services/CCC Facilities Director/CCC Finance/CCC Human Resources/          
CCC Human Services/CCC Information Technology/CCC Planning/Zoning/CCC Public & Environmental Health/CCC Public Works/CCC School District/CCC Sheriff’s Office/          
CCC Strategic & Community Planning/CCC Treasurer/CC Fire Authority/CSU Extension/         
DFPC/DSHEM/Empire/Mayor/EmpirePD/EvergreenFireDistrict/EPA/Georgetown Administrator/Georgetown PD/            Idaho Springs Administrator/Idaho Springs PD/Gilpin County Emergency Management/Red Cross/USFS/Silverplume Mayor/ and additional private companies                                                                    
For additional questions concerning proposal specifications contact:
J. Thomas at
document.write('jthomas'+'@'+'clearcreeksheiff.us')For security reasons, you must enable JavaScript to view this E-mail address. or by phone 970-409-6388.

The proposal shall be awarded by Clear Creek County.  Proposers shall not be allowed to attend the award of proposal meeting. All proposers will be notified of the proposal results via email.

Clear Creek County reserves the right to reject any and all proposals, to waive any informalities and minor irregularities in proposals, and to accept the proposals deemed, Board of County Commissioners to be in the best interest of the taxpayers of Clear Creek County.

Distribution: Clear Creek County Website, Clear Creek Courant, Denver Office of the Minority Business Development Agency (MBDA) and Bidnetdirect.com

 
 
Clear Creek County Multi-Jurisdictional Hazard Mitigation Plan Update

General Conditions
Clear Creek County is requesting written proposals from qualified vendors to coordinate logistics and delivery of one (1), Multi-Jurisdictional Hazard Mitigation Plan Update. The delivery of the final plan draft to Clear Creek County will take place no later than September 30, 2021. Clear Creek County desires to receive plan approval from FEMA by December 19, 2021.
This request is for professional services.  The terms “bid’ and “bidder” refer to the rates provided in the proposal and the proposer, respectively.   The term “vendor” refers to the successful proposer awarded the project. Refer all questions regarding the project, selection, award and contact J. Thomas at
document.write('jthomas'+'@'+'clearcreeksheriff.us')For security reasons, you must enable JavaScript to view this E-mail address./ 970-409-6388
Project Description
  I.
      Event History and Description
The project will develop a Hazard Mitigation Plan (HMP) Update for Clear Creek County that meets the requirements of the Disaster Mitigation Act (DMA) of 2000, 44 CFR 201.6 and the most current Federal Emergency Management Agency (FEMA) “how-to” planning guidance.  The plan will meet the most current FEMA Local Mitigation Plan Review Tool requirements, attached and made a part of this Statement of Work (https://www.fema.gov/sites/default/files/2020-06/fema-local-mitigation-plan-review-guide_09_30_2011.pdf).  In addition, the plan will be aligned with the 2018 State of Colorado Hazard Mitigation Plan.

Clear Creek County’s previous All Hazard Mitigation Plan, adopted and approved by FEMA in 2016, expires in 2021. The new plan will be an update of the current plan, and the previous plan (https://www.colorado.gov/pacific/mars/north-central-region-co)should be reviewed and pertinent information brought forward into the new plan.

II.
Scope of Work

A.
     This will be a multi-jurisdictional plan. At a minimum, the following cities, towns, and organizations are anticipated to be participating jurisdictions (as defined by FEMA) in this multi-jurisdictional plan update:
                        1)
      Clear Creek County
                        2)
      City of Idaho Springs
                        3)
      Town of Empire
                        4)
      Town of Georgetown
                        5)
      Town of Silver Plume
                        6)
      Clear Creek Fire Authority
B.
      Clear Creek County will procure a contractor with FEMA grant funds to facilitate the planning process, identify the data requirements, conduct research, develop and facilitate the public input process, document the planning process, produce the draft and final plan document, and facilitate the plan adoption process. The contractor will be responsible to the Clear Creek County Project Manager for the following four stages: Organizing Resources; Hazard Identification and Risk Assessment (HIRA); Developing a Mitigation Strategy; and Plan Adoption, Monitoring & Evaluation. The contractor will maintain its project management role until FEMA approves the plan update. The contractor will assist the County Project Manager, as necessary, with documentation for grant management, to include quarterly progress reports, reimbursements for contractual fees, and time spent towards eligible in-kind activities with participating jurisdiction representatives.
C.
     Plan Development Tasks. The proposed planning project has four tasks:
                        1)
      Task 1.  Organize Resources. The plan will document the planning process used to develop the plan update and how the plan will be maintained within a five-year cycle, including the following information:
a)
       Clear Creek County will establish a planning team to oversee the development of the plan. The planning team will include representatives from: participating jurisdictions, local elected officials, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, neighboring communities, and other public, private, and non-profit interests.
b)
      Each jurisdiction’s participation in the planning process and how they met FEMA’s participation requirements.
c)
       An action plan, involving a variety of methods, for public involvement and comment during the plan development tasks and a public review/comment period. The plan will document both the process and results. 
d)
      Which plans, studies, reports, and technical information were reviewed and incorporated. This could include local comprehensive plans, local ordinances, Capital Improvement Plans (CIPs), warning systems, Community Wildfire Protection Plans (CWPPs), public education initiatives, local building codes and zoning ordinances, Floodplain Management Plans, and others.
e)
       The participating jurisdictions’ implementation and maintenance of the current plan since FEMA’s approval.
f)
       How each jurisdiction will continue public participation and monitor, evaluate, and update the plan within a five-year cycle.
                        2)
      Task 2. Hazard Identification and Risk Assessment (HIRA). The updated plan will include an assessment of the changes in development in hazard prone areas and how the vulnerability of each jurisdiction has been affected.  The updated plan will also include hazard events that have occurred and any other appropriate changes in data and analysis since the last plan was developed. The HIRA will include the following information, at a minimum:
a)
       Updated or new descriptions of the natural hazards (and additional human-caused or technological hazards if so desired) affecting each participating jurisdiction, as needed.  Analysis of how hazards vary across jurisdictions, if applicable.
b)
      Updated information on the location, extent, and previous occurrences of each hazard affecting each jurisdiction.
c)
       Updates on any hazard events that have occurred since the last plan date.
d)
      Updated information on the probability of future hazard events.
e)
       An overall summary for each jurisdiction’s vulnerability to each hazard.  Rate the impact, for example high, medium, or low and explain the rating system used and the process followed to achieve the ranking.
f)
       For each jurisdiction, describe in general each hazard’s impact on buildings, infrastructure, critical facilities, and the vulnerable population.
g)
      Describe vulnerability in terms of types and numbers of National Flood Insurance Program (NFIP) insured properties, to include repetitive loss (RL) and severe repetitive loss (SRL) properties, located in the identified hazard areas. Include information regarding insured values and previous claims.
h)
      Include the most current FEMA Flood Insurance Rate Map (FIRM) in plan, if available.
i)
        Based on best available data, provide updated information on the vulnerability of existing and future buildings, infrastructure, and critical facilities for each jurisdiction. Specify the types and numbers of buildings, infrastructure, and critical facilities.
j)
        Based on best available data, provide estimated potential dollar losses to vulnerable structures, describing the methodology used to prepare the estimate.
k)
      Based on best available data, describe vulnerability in terms of land use and development trends.
l)
        Based on best available data, analyze the economic impacts from potential hazards.
m)
    Based on best available data, describe how potential climate adaptation may impact each jurisdiction’s current and future vulnerability to specific hazards. 
n)
      Document each jurisdiction’s existing capabilities (authorities, policies, programs, and resources) related to hazard mitigation, and its ability to expand on and improve these existing tools.
                        3)
      Task 3. Develop a Mitigation Strategy. Each jurisdiction will participate in the development of a mitigation strategy that reflects the results of the risk assessment and includes the following:
a)
       Overall goals for reducing risk in the planning area. The participating jurisdictions may also create objectives as part of the mitigation strategy. The plan will describe how the planning team reviewed, and if applicable, updated the goals and objectives.
b)
      The plan update will describe mitigation actions in the current plan, identifying which are complete, incomplete (and why), deleted, or continued for each jurisdiction.
c)
       Specific mitigation actions and projects to reduce the impacts identified in the risk assessment, with an emphasis on new and existing buildings and infrastructure for each jurisdiction. There must be new identifiable action items for each jurisdiction seeking adoption of the plan.
d)
      A description of each jurisdiction's participation in the NFIP and continued compliance with NFIP requirements, as appropriate.
e)
       A description of how the jurisdictions will prioritize and implement the mitigation actions identified for each jurisdiction.
                        4)
      Task 4. Plan Adoption, Monitoring, and Evaluation. The plan will describe a process for adopting, monitoring, and evaluating this plan update, to include
a)
       The method and schedule for monitoring and evaluating the plan, including progress on action items, updates to the HIRA or mitigation goals and objectives, and adding new mitigation actions before the next plan update.
b)
      The process to incorporate the mitigation plan into other local planning mechanisms for each jurisdiction, and how the previous mitigation plan elements were incorporated into the same.
c)
       A strategy for continued public participation.
d)
      Clear Creek County will submit the draft plan and completed FEMA Local Mitigation Plan Review Tool to the DHSEM Mitigation Planning Team for review of compliance with FEMA HMP requirements. DHSEM will forward the plan to FEMA Region VIII for review and Approvable Pending Adoption (APA) status. The contractor will make revisions to the plan as required by DHSEM and FEMA (Note-
These changes may be required after final payment is made to the contractor in order to maximize the grant award, but final payment does not relieve the contractor of delivery of a FEMA approved plan). Upon receiving APA status, all participating jurisdictions will formally adopt the plan and provide their resolutions of adoption to DHSEM within three months.  DHSEM will provide local resolutions to FEMA for final plan approval.

III.      
Qualifications required:

All proposals will be evaluated by Clear Creek County Hazard Mitigation Planning Committee and Clear Creek County Office of Emergency Management representatives and/or designees. Selection will be based on the following criteria:

1)
      Cost and Pricing
2)
      Specialized experience and technical competence of proposed project team  
3)
      Proposed methodology      
4)
      Knowledge of Clear Creek County 
5)
      Performance record and references

IV.    Expected End Product

The expected end product will be an updated FEMA Approved Multi-Jurisdictional Natural Hazards Mitigation Plan. The HMP must meet all provisions of the current FEMA Review Tool and address the steps in most current FEMA “how-to” planning guidance.

V.    
Timeline of Project
1. A draft of the project suitable for the planning committee’s review and comment must be complete no later than August 2, 2021. The committee review period will last from August 2 to 16, 2021
2. A draft of the project suitable for public review and comment must be complete no later than August 27, 2021. The public review period will last from August 30 to September 13, 2021
3. A second draft with updated content from public review must be complete no later than September 20, 2021
4. The final draft for submission to DHSEM and FEMA must be completed by September 30, 2021
5. A FEMA approval letter is desired by December 19, 2021

VI.   
Personnel

The Vendor’s personnel shall be qualified, trained and available to accomplish the Scope of Work in a professional manner and in compliance with all applicable federal, state and local requirements.  

VII. 
Equipment

The Vendor shall provide all materials and equipment necessary to accomplish the Scope of Work.

VIII.
Reference Material
The Vendor will ensure compliance with the following references:
The Multi-Jurisdictional Natural Hazards Mitigation Plan must meet the requirements of the Disaster Mitigation Act of 2000, 44 CFR 201.6 and the most current FEMA “how-to” planning guidance.

IX    
Pricing
The provided pricing must include the following:

1.  All contractor fees for plan development
2. Travel expenses (to include lodging and meals)
3.  Equipment rental costs
PROPOSAL SUBMITTAL REQUIREMENTS
Bidders must provide the following information in the order listed below.  Please respond to each section on a separate page, in the order listed. 
Use this page as a checklist to be sure all information is included.  PROPOSALS NOT RECEIVED IN THIS FORMAT MAY BE CONSIDERED NON-RESPONSIVE.

Please check below to indicate the information is included in your package                      (√)
I.       Submittal Page (Please include this checklist)                                                       (    )
II.      Company Data                                                                                       
         A.       Company name                                                                                         (    )
          B.       Address                                                                                                    (    )
         C.       Contact person                                                                                          (    )
         D.       Phone:                                                                                                      (    )
                    1.  Location                                                                                              (    )
                    2.  Location fax                                                                                         (    )
         E.       E-mail (address to receive RFP addenda or additional criteria)                    (    )
         F.        Other locations to be used (e.g., for billing)                                                (    )
                    (Name, address, phone, fax)
III.    Experience
A.       Number of years developing hazard mitigation plans                                   (    )
         B.       Contractor experience in specific areas                                                       (    )
                    1.  All contractor resumes and certifications                                                (    )
of personnel assigned to work on the plan
including number of plans developed in last 5 years       
         C.       Referrals
                    List of clients, within the last three years, to include contact names and phone
                    numbers from host agency including:
                    1.  Service provided                                                                                  (    )
                    2.  Client organization                                                                               (    )
                    3.  Scale of project (include number of participants,                                    (    )
                        and size of project)
                    4.  Contact name and number                                                                     (    )

         D.       Special Considerations
                   
1. Describe any attribute of your firm that would enhance this                       (    )
          proposal
       2. Relevant experience working with Clear Creek County, if any            (    )

E.        Methodology Detail                                                                                  (    )

IV     Proposed cost detail for a delivery of one (1) Multi-Jurisdictional Hazard               (    )
          
Identification and Risk Assessment for the area as described.

V        Verification that the Respondent is registered and in good standing on the               (    )          
           Federal System for Award Management (https://sam.gov).


PROPOSAL EVALUATION

Proposals meeting the minimum specifications will be evaluated in the following manner:

Evaluation Criteria Proposals will be evaluated on the following minimum criteria:



Cost and Pricing                                                                                                     (5 pts)

Unit pricing for one (1) Multi-Jurisdictional Hazard Mitigation Plan Update, to include printed copies (color) of the final document, one for each of the jurisdictions listed in Section III A.3. Also, provide one electronic copy of the final plan to all of the participants.  Draft plans are only required to be submitted in electronic format.
Cost effectiveness of employed methods


Specialized experience and technical competence of proposed project team               (15 pts)

Number of years company has been developing HMPs
Project manager number of years developing HMPs
Number of HMPs project manager has developed in last 5 years


Proposed methodology                                                                                           (10 pts)

Overall approach to tasks
Staffing plan - adequate number of staff, appropriate mix of staff
Documentation process for work schedule and completed work
Plan for public engagement and involvement
Organization, clarity, thoroughness, conciseness
Covers all aspects of scope of work


Knowledge of Clear Creek County                                                                          (5 pts)


Performance record and references                                                                          (5 pts)

Previous work and customer satisfaction

TOTAL                                                                                                                        (40 pts)

SPECIAL CONDITIONS

I.       Bidder Responsibility
One (1) original and four (4) complete copies of the proposal, clearly marked “Multi-Jurisdictional Hazard Mitigation Plan Update”, will be received by the Clear Creek County Clerk & Recorder on or prior to November 13, 2020,at 4:30 PM. Mountain Standard Time (MST)
at, 405 Argentine St., Georgetown, CO, 80444. One electronic (PDF) copy of bidder proposal must be submitted to
document.write('jthomas'+'@'+'clearcreeksheriff.us')For security reasons, you must enable JavaScript to view this E-mail address. by the same date.

Revisions to proposals may be permitted after the submittal deadline and prior to award for the purposes of obtaining best and final offers.
  Negotiations may be conducted with all responsible bidders who submit proposals found to be reasonably likely to be selected for award of bid.

II.     Award of Bid

Clear Creek County may make such investigations, as it deems necessary to determine the ability of the bidder to perform the work. The Bidder shall furnish of all such information and data for this purpose as it may request.

The Clear Creek County Hazard Mitigation Planning Committee and Clear Creek County reserves the right to reject any and all bids, to waive any informalities and minor irregularities in bids, and to accept the bid deemed, in its opinion, to be in the best interest of the Clear Creek County Hazard Mitigation Planning Committee and Clear Creek County Office of Emergency Management.


INFORMATION ONLY:
This is the Clear Creek County agreement that will be signed upon vendor’s award of contract.

AGREEMENT FOR PROFESSIONAL SERVICES
                                                          For ( Enter type of services to be provided.)Services

                This Agreement for Professional Services dated as of the
                          day of
                                , 20
         , is between County of Clear Creek, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners (“County”), and
Enter Consultant’s Name. (“Consultant”).
                                           

                WHEREAS, the County desires to
Enter purpose of agreement.;

                WHEREAS, Consultant is in the business and experienced with
Enter consultant’s area of expertise.;

                WHEREAS, the parties desire to set forth here the terms and conditions of their relationship.

NOW, THEREFORE, for good and valuable consideration, the parties agree to the following:

                1.
             Scope of the Work: The “Work” under this Agreement shall be to enter scope of work, or “perform the work as described in exhibit D, attached hereto and incorporated herein for reference” .

                2.
             Consultant’s Performance: Consultant shall be responsible for the completeness and accuracy of the Work, supporting data and other documents prepared or compiled in performance of the Work, and shall correct, at its sole expense, all significant errors and omissions therein; provided that Consultant may rely on the accuracy and completeness of information provided to it by County unless expressly informed it should not.
  The fact that the County has accepted or approved Consultant’s Work shall not relieve Consultant of any of its responsibilities.
  Consultant shall perform the Work in a skillful, professional, and competent manner and in accordance with the standards of care, skill, and diligence applicable to
Enter field of experties. with respect to similar work.

                3.
             Time of Performance and Termination:
  Consultant shall commence the Work upon execution of this agreement and complete the Work no later than
Enter date of completion..
 
Or
3.             Time of Performance, Term and Termination
a)
            Consultant shall commence the Work upon execution of this agreement.
b)
            The term of this agreement shall commence upon the date stated above and continue through December 31, 2016.
c)
             The Term shall automatically renew on January 1 succeeding expiration of the original or a renewal term, unless notice in writing is given by either party at least sixty (60) days before the next expiration date.

                                NOTE:
  This agreement shall have no force or effect unless Consultant has executed and delivered to County Exhibit C hereto, if applicable, at the time of executing this agreement or within five calendar days thereafter.

                4.
             Compensation and Payment:
  In consideration of its performance of the Work, the Consultant shall be paid a sum not to exceed
$Enter Contract Amount..
  Payment shall be made in accordance with the following:
               
                a)
            IF PROGRESS PAYMENTS ON FIXED SUMS PER TASK OR RATES:
  The Consultant shall provide an itemized invoice based on the task and/or rates set forth in Exhibit E.
  The Consultant shall submit to County monthly invoices of the progress made and expenses incurred during the previous calendar month.
  Such invoices shall segregate the charges for work done by task and date, and shall describe the Work performed, the time incurred by each person performing work, and expenses incurred.
  Upon request, Consultant shall provide County with such other supporting information as County may request.

                b)
            IF SINGLE PAYMENT: Payment will be made within thirty days following completion of the Work and Consultant’s invoicing.
                               
                c)
             IF REIMBURSABLE COSTS:
  Reimbursable costs shall be billed monthly.
  For the purposes of this Agreement, the term “reimbursable costs” shall include only actual out-of-pocket expenses incurred by Consultant and his consultants in connection with the Work, except travel will be reimbursable by mileage rates provided in Exhibit E.
  Reimbursable costs shall not include telephone or postal charges.
  Reimbursable costs will include printing (sufficient copies as directed by County), fax and photo-reproduction costs at rates provided in Exhibit E. (Exhibit E notwithstanding, the cost of Consultant’s subcontractors shall be reimbursed at only 100% of cost.)
 
                               
                d)
            The Consultant shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at County’s reasonable request.
  County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law.

                5.
             Project Management:
Enter Name of Proj. Mgr. for Consultant. shall be designated as Consultant’s Project Manager for the Work.
   Enter Name of Proj. Mgr. for County. shall be County’s Project Manager responsible for this Agreement.
  All correspondence between the parties regarding this project shall be between and among the project managers.
  Either party may designate a different project manager by notice in writing.

                6.
             Independent Contractor: It is expressly acknowledged and understood by the parties that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship.
  Consultant shall be, and shall perform as, an independent contractor.
  No agent, employee, or servant of Consultant shall be, or shall be deemed to be, the employee, agent or servant of County.
  Consultant shall be solely and entirely responsible for its acts and for the acts of Consultant’s agents, employees, servants and subcontractors during the performance of this Agreement.

                7.
             Personnel: Consultant understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of
Enter Name of Consultant’s Principal or Proj. Mgr., and this Agreement is conditioned upon his/her continuing direct personal involvement in the Work.
  County understands that other employees of Consultant will be working on portions of the Work; however, these employees shall be under the direct supervision of the person identified in this paragraph at all times; in the event that s/he is unable to remain involved in the Work, Consultant shall immediately notify County and County shall have the option to terminate this Agreement.

                8.
             No Assignment: The parties to this Agreement recognize that the services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement County is relying upon the personal services and reputation of the person(s) identified in the preceding paragraph.
  Therefore, Consultant may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion.
  Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party.
  Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement.

                9.
             Ownership of Documents: All technical or business information, in whatever medium or format, including but not limited to, data, specifications, processes, drawings, records, reports, proposals, and related documentation, research, or other information, originated or prepared by or for Consultant in contemplation of, or in the course of, or as a result of, work performed hereunder (“Prepared Information”), shall be promptly furnished to County, and is owned by the County.
  Prepared Information specifically excludes Consultant’s preexisting works and/or Prepared Information developed by Consultant or acquired by Consultant that was not specifically developed for County.
  County is hereby entitled to use said information as deemed necessary for its purposes including the possibility of assigning said information to any companies related to the County.
 

                10.
          Confidentiality: Consultant acknowledges that it may receive confidential information from County for use in connection with its performance of the Work.
  Consultant further acknowledges that it may in the performance of the Work develop information, including facts, data, and opinions, which are, or in County’s judgment should be, confidential or limited in terms of dissemination.
  Consultant shall take all precautions necessary to maintain and protect the confidentiality of any such information and to ensure that it shall be used only for the purposes of the Work.
  All facts, data, and opinions developed by Consultant in the course of its performance of the Work shall be deemed to belong to County and no such facts, data, or opinions shall be disseminated to anyone for any purpose without County’s express written consent unless required by law.

                Upon completion of the Work, Consultant shall return to County all material the County supplied to Consultant in connection with the performance of the Work.

                11.
          Consultant’s Insurance:
  Consultant shall purchase, and maintain throughout the course of its performance under this agreement, such insurance as will protect Consultant and County from claims which may arise out of or result from Consultant’s operations under the Agreement, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
  For liability insurance coverages, before Consultant may commence any Work under this Agreement, Consultant must provide a certificate in a form satisfactory to the County showing that County is named as an additional insured and that the coverage will not expire or be terminated without first giving the County thirty days notice thereof.

                The insurance required shall be written for not less than any limits of liability required by law or by those set forth below, whichever are greater.
  All such insurance shall be written by companies authorized to do insurance business in the State of Colorado.

a.
             Workmen’s Compensation including occupational disease, and Employer’s Liability Insurance in amounts and coverage as required by the laws of Colorado.

b.
             Commercial General Liability Insurance - Consultant shall maintain a Commercial General Liability Form of insurance with bodily injury and property damage liability limits of the greater of (a) $387,000 for any one person in any one occurrence and $1,093,000 for two or more persons in any one occurrence, or (b) the maximum government liability under the Colorado Governmental Immunity Act, CRS §24-10-101, et seq.

c.
             Automobile Liability Insurance - Consultant shall maintain an Automobile Liability form of insurance with bodily injury and property damage liability limits of the greater of (a) $387,000 for any one person in any one occurrence and $1,093,000 for two or more persons in any one occurrence, or (b) the maximum government liability under the Colorado Governmental Immunity Act, CRS §24-10-101, et seq.


d.
             THIS PARAGRAPH






















Professional Liability (Errors and Omissions Liability) Insurance – At all times, Consultant shall maintain Professional Liability Insurance covering against liability for professional misconduct or lack of ordinary skill in the performance of professional duties in the performance of the Work by any entity and person for whom professional liability coverage is commonly available.
  In the event that the insurance is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time the Work is completed.
  The insurance will have minimum limits of $1 million per loss/aggregate.

Subcontractors: Before permitting any of his subcontractors to perform any Work under this Agreement, Consultant shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the County, or (b) insure the activities of his subcontractors in his own policy.

                12.
          Consultant’s Indemnity:
  Consultant shall indemnify and hold harmless County, and its elected officials and employees, and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from Consultant’s performance of the Work, including performance by anyone directly or indirectly employed by him or anyone for whose acts he may be liable.
  Notwithstanding the foregoing, each party is responsible for its own negligence as it relates to the provisions of this Agreement.

                13.
          THIS PARAGRAPH





















 
Conflicts Of Interest:
   Consultant acknowledges that because a material part of the Work is to help the County in the
Enter Basic Desc. Of work, ie, development and implementation of x. , Consultant is disqualified from providing
 Enter Prohibited Activity, ie professional engineering. for the same projects in Clear Creek County or the same landowners during the term of this Agreement.

                14.
          Termination for the Convenience of the County:
  County may terminate this Agreement, in whole or in part, for its convenience upon providing written notice, by delivery or by mail, to Consultant.
  Upon such termination, County shall be liable only for Work satisfactorily completed prior to the notice and for unavoidable expenses directly incurred for performance of those parts of the Work which have not been satisfactorily completed, provided that, at its sole option, County may require that Consultant complete particular tasks or subtasks.
  Upon termination Consultant shall deliver to County all photographs, drawings, illustrations, text, data, and other documents entirely or partially completed, together with all material supplied to Consultant by County.
  Payment will be due within thirty (30) days after Consultant has delivered the last of the partially completed documents, together with any records that may be required to determine the amount due.

                15.
          Notices: Any notice and all written communications required under this Agreement shall be given by personal delivery, courier delivery, facsimile or e-mail transmission together with a “hard copy” by United States mail, or first class mail, to the appropriate party at the following addresses:

                                                Consultant:
          
                                                                Enter Consultant’s Name.
                                                                Enter Consultant’s Address.
                                                                Enter Consultant’s Address.
                                                                Enter Consultant’s City, State & Zip.
                                                                Tel:
Enter Consultant’s phone number.
                                                                E-mail:
Enter Consultant’s email.
                                                                               
                                                County:
                                                                Enter County Proj. Mgr’s Name.                                                    
                                                                Clear Creek County Enter Department
.
                                                                PO Box Enter PO Box #
.
                                                                Enter City
., CO Enter Zip code
.
                                                                Tel: Enter tele number
.
                                                                E-mail: Enter email address
.

                                                With a copy to:
                                                                Clear Creek County Attorney
                                                                P.O. Box 2000
                                                                Georgetown, CO
  80444
                                                                E-Mail:
document.write('rloeffler'+'@'+'clearcreekcounty.us')For security reasons, you must enable JavaScript to view this E-mail address.          

Notice shall be deemed given on the first to occur of delivery, transmission by facsimile or e-mail (if transmitted during customary business hours, or the following business day if not), or three calendar days after deposit in the U.S. mail, as applicable.

                16.
          Miscellaneous:


This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules.  The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court for Clear Creek County in the 5th District for the State of Colorado.


The Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family responsibility.  The Consultant shall require all consultants to agree to the provisions of this subparagraph.


This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof.


Consultant shall comply with all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work.


Governmental Immunity.  Nothing herein shall be deemed to waive any of the immunities, liability limitations or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., all of which expressly are reserved by County.  In addition, anything in this Agreement which purports to create a contractual obligation by County to do an act or be liable for something for which County is immune, or has limited liability, in the absence of a contractual obligation, shall be deemed void.


The Immigration Addendum set forth on Exhibit A attached hereto is incorporated herein by this reference and is deemed executed by Consultant whether or not Exhibit A itself is signed.


The Consultant’s Certificate Regarding Employing or Contracting With an Illegal Alien, Exhibit B hereto, must be fully executed and delivered to County’s Project Manager before Consultant can perform any work under this Agreement. 
If Consultant is a natural person, Consultant must execute the Affidavit for Natural Person Seeking Public Benefit, Exhibit C hereto, before this Agreement can take effect.


Consultant represents and warrants, which representations are material to this Agreement, without which the County would not have entered into it, that the statements made in Contractor’s/Consultant’s Certificate Regarding Employing Or Contracting With An Illegal Alien (Exhibit B attached hereto) and (but only if Consultant is a natural person) in the Affidavit for Natural Person Seeking Public Benefit (Exhibit C attached hereto), are true and correct.  A misrepresentation therein or a violation of the terms of Exhibit A shall be deemed a material breach of this Agreement.

                17.
          Budget/Appropriation: Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made to Consultant, in respect of any period or Work performed after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101
et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20).

///remainder of page intentionally left blank///


                IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.

                                                                                                          “COUNTY”

                                                                                                          COUNTY OF CLEAR CREEK, STATE OF
                                                                                                          COLORADO, By and Through its
ATTEST:                                                                                         BOARD OF COUNTY COMMISSIONERS


                                                                         By:
                                                       
Clerk to the Board of                                                               Enter Current BOCC Chairman., Chairman
County Commissioners

                                                                                                          “CONSULTANT”
                                                                                                          Enter Consultant’s Name.


                                                                                                          By:
                                                                               
                                                                                                  Enter Signor’s Name.       
                                                                                                                  Enter Signor’s Title.          
                                                                                               
STATE OF COLORADO
                   )
                                                                                )
County of
                                            )

                The foregoing was acknowledged before me this
         day of
                   ,
                , by
                                                                          in their capacity as
                                                            of
                                                                                .

                WITNESS my hand and official seal.
                My commission expires
                                                                          .


                                                                                                                                                                                                                 
                                                                                                          Notary Public



AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT A
                                                                                                       
                           NOTIFICATION OF IMMIGRATION COMPLIANCE REQUIREMENTS AND
                                                                   CERTIFICATION BY CONSULTANT
 
Prohibition on Public Contract for Services:
               
                Enter Consultant’s Name. , (“Consultant” herein) acknowledges that Consultant has been notified of the immigration compliance requirements of C.R.S. § 8-17.5-101,
et.seq. (House Bill 06-1343), and hereby
CERTIFIES that:

                1.
            The Consultant shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or

                2.
             Enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services;

                3.
            The Consultant has verified or attempted to verify through participation in the e-verify program or the department program of the State of Colorado that the Consultant does not employ any illegal aliens.
 

                4.
            The Consultant acknowledges that the Consultant is prohibited from either the e-verify program or the department program of the state of Colorado procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed;

                5.
            If the Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to:

                (A)
          Notify the subcontractor and the contracting state agency or political subdivision within three days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and

                (B)
          Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (A) of this Section 5 the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

                6.
            Consultant is required to comply with any reasonable request by the State Department of Labor and Employment (“Department” herein) made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5).

                7.
             If Consultant violates a provision of the public contract for services required herein the County may terminate the contract for a breach of the contract.
  If the contract is so terminated, the Consultant shall be liable for actual and consequential damages to the County.

                8.
             The County is obligated to notify the office of the secretary of state if a Consultant violates a provision of this Addendum and the County terminates the contract for such breach.
  Based on this notification, the secretary of state shall maintain a list that includes the name of the Consultant, the state agency or political subdivision that terminated the public contract for services, and the date of the termination.
  A Consultant shall be removed from the list if two years have passed since the date the contract was terminated, or if a court of competent jurisdiction determines that there has not been a violation of the provision of the public contract for services required pursuant to Section I.
  An agency or political subdivision shall notify the office of the secretary of state if a court has made such a determination. The list shall be available for public inspection at the office of the secretary of state and shall be published on the internet on the website maintained by the office of the secretary of state.

                9.
             The Department may investigate whether a Consultant is complying with the provisions of a public contract for services required pursuant to Section I.
  The Department may conduct on-site inspections where a public contract for services is being performed, request and review documentation that proves the citizenship of any person performing work on a public contract for services, or take any other reasonable steps that are necessary to determine whether a Consultant is complying with the provisions of a public contract for services required pursuant to Section I.
  The Department shall receive complaints of suspected violations of a provision of a public contract for services (this Addendum) and shall have discretion to determine which complaints, if any, are to be investigated.
  The results of any investigation shall not constitute final agency action.
  The Consultant is hereby notified that the Department is authorized to promulgate rules in accordance with article 4 of title 24, C.R.S., to implement the provisions of C.R.S. § 8-17.5-101,
et. seq.



(Form revised February 1, 2019)


AGREEMENT FOR PROFESSIONAL SERVICES
                                                                                             EXHIBIT B

CONSULTANT’S CERTIFICATE
REGARDING EMPLOYING OR CONTRACTING
WITH AN ILLEGAL ALIEN

FROM:
               
Enter Consultant’s Name.                                 
                                (Consultant)

TO:
                         Clear Creek County
                                PO Box 2000
                                Georgetown, CO 80444

Project Name:
     
              
Enter Project Name.                                            

Project Number (if any):
    ____________________

As a contractor for the above-identified bid/project, I (we) do hereby certify that, as of the date of this certification, I (we) do not knowingly employ or contract with an illegal alien and that I (we) will participate in the e-verify program or department program of the state of Colorado in order to verify that I (we) do not employ any illegal aliens.

Executed this        _________________ day of __________________. 20___.

By:                         ______________________
                                Signature

Title:                       ______________________

STATE OF COLORADO                                   )
                                                                                                )ss.
COUNTY OF
                                                                       )

                The foregoing instrument was acknowledged before me this
                     day of
                                , 20
                         , by
                                                                        , in their capacity as
                                                                                                 of
                                                                                           ,
a
                                                                              corporation, on behalf of the corporation.

                                S E A L
                                                                                                               
                                                                               
                                                                                                                Notary Public
                                                                                                                My Commission Expires:
                 

AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT C

AFFIDAVIT FOR NATURAL PERSON SEEKING PUBLIC BENEFIT
                                                (Applicable only if Consultant is an individual)


                I, _________________, swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one):

___
                         I am a United States citizen, or

___
                         I am a Permanent resident of the United States, or

___
                         I am lawfully present in the United States Pursuant to Federal Law.


                I understand that this sworn statement is required by law because I have applied for a public benefit.
  I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit.
  I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of the State of Colorado as perjury in the second degree under §18-8-503, C.R.S.
  Each time a public benefit is fraudulently received shall constitute a separate offense.




___________________________
                   ____________________
Signature
                                                                                               Date
      


AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT D

SCOPE OF THE WORK


AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT E

RATES