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  1. 1. REQUEST FOR PROPOSAL REQUEST FOR PROPOSAL Transit Signal Priority Design and The Boulder County Transportation Department is seeking Request for Proposals (RFP) for the design and implementation of Transit Signal Priority (TSP) on State Highway 7 between the City of Implementation on State Highway 7 Boulder and the City of Lafayette. This is a request for qualified firms to submit proposals for the design, testing and implementation of TSP at up to seven intersections on the JUMP route. RFP #5072-08 A Scope of work and sample contract is attached for your review. RFP’s are due in the Purchasing office for time and date stamping by 2:00 p.m., December 22, 2008. Two (2) unbound copies of your proposal, printed double-sided, on at least 30% post-consumer, recycled paper must be submitted in a sealed envelope, clearly marked as RFP # 5072-08, and delivered to the Purchasing Division, 2020 13th Street, Boulder, CO 80302, or mailed to Boulder County Purchasing, P.O. Box 471, Boulder, CO 80306. All Overnight, Express and Priority Mail SUBMITTAL DUE: should be directed to the above street address. All RFP’s must be received and time and date stamped in the Purchasing office by the above due date and time. Any RFP’s received after due date and time will be returned unopened to the bidder. Faxed or E-mailed RFP’s will not be accepted. Responding to this RFP does not guarantee that any work will be directed to your firm. December 22, 2008 2:00 p.m. All inquires regarding this RFP shall be submitted in writing to the Purchasing Office, located at 2020 13th Street, 1st Floor, Boulder CO 80306, or emailed to and to by 4:00 p.m., December 10, 2008. Responses from the County to all inquires will be sent via email no later than close of business, December 15, 2008. BOULDER COUNTY PURCHASING JENNY OLBERDING The Board of County Commissioners reserve the right to reject any and all RFP’s, to waive any informalities or irregularities therein, and to accept the proposal that, in the opinion of the Board, is in the best interest of thePURCHASING AGENT Colorado. Board and of the County of Boulder, State of Americans with Disabilities Act (ADA): If you need special services provided for under the Americans with Disabilities Act, contact the ADA Coordinator, or the Human Resources office at (303) 441-3508 at least 48 hours before the 2020 13TH ST P.O. BOX 471 scheduled event. BOULDER, CO 80302 BOULDER, CO 80306 PHONE: (303) 441-3525 FAX: (303) 441-4524
  2. 2. Terms and Conditions 1. Proposer’s are expected to examine the specifications, schedule of delivery, and all instructions. Failure to do so will be at the proposer’s risk. 2. Each proposer shall furnish the information required in the RFP. 3. The Contract/Purchase Order will be awarded to that responsible proposer whose submittal, conforming to the Request For Proposal, will be most advantageous to the County of Boulder. Additional selection criteria can be founding this RFP under section entitled RFP Evaluation Criteria. 4. The County of Boulder (Office of Purchasing) reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received, and to accept any portion of all items proposed if deemed in the best interest of the County of Boulder to do so. 5. No proposal shall be withdrawn for a period of thirty (30) days subsequent to the opening of RFP without the consent of the County Purchasing Agent or delegated representative. 6. A signed purchase order or contract furnished to the successful proposer results in a binding contract without further action by either party. 7. Late or unsigned proposals will not be accepted or considered. It is the responsibility of proposer to insure that the proposal arrives in the office of the County Purchasing Agent prior to the time indicated in the "Request for Proposal." 8. The proposed price shall be exclusive of any Federal or State taxes from which the County of Boulder is exempt by law. 1. Any interpretation, correction or change of the Proposal Documents will be made by Addendum. Interpretations, corrections and changes of the Proposal Documents made in any other manner will not be binding, and Proposer shall not rely upon such interpretations, corrections and changes. The County's Representative will not be responsible for oral clarification. 1. Boulder County promotes the purchase/leasing of energy efficient, materials efficient and reduced toxic level products where availability, quality and budget constraints allow. Proposer’s are expected whenever possible to provide products that earn the ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency with power management features enabled. Proposer’s are encouraged to offer products and equipment with post consumer recycled-content materials. Products should be packaged and delivered with a minimum amount of recycled packaging that adequately protects the product, but is not excessive. 1. Confidential/Proprietary Information: Proposals submitted in response to this RFP, and any resulting contracts are subject to the provisions of the Colorado Public (Open) Records Act, 24-72-201 et. seq. C.R.S. as amended. Any restrictions on the use or inspection of material contained within the RFP and any resulting contract shall be clearly stated in the RFP itself. Confidential/proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal, in its entirety, nor price information will be considered confidential/proprietary. Any information that will be included in any result contract cannot be considered confidential.
  3. 3. Overview Transit Signal Priority (TSP) uses real time adjustments to the phasing of traffic signals to grant priority to in-service transit vehicles approaching the intersection. Once a transit vehicle is detected, the signal either extends the green time to allow the transit vehicle to pass through the intersection, or truncates the green time of the cross street to expedite a green phase for the priority corridor. As a result, transit vehicles spend less time dwelling at red lights, decreasing travel time and improving schedule adherence. In 2007, Boulder County received a federal Congestion Mitigation and Air Quality (CMAQ) grant through DRCOG’s Intelligent Transportation Systems funding pool. The Boulder County Transportation Department is seeking Request for Proposals (RFP) for the design and implementation of Transit Signal Priority (TSP) on State Highway 7 between the City of Boulder and the City of Lafayette. This is a request for qualified firms to submit proposals for the design, testing and implementation of TSP at up to seven intersections on the JUMP route. Project Objectives There are several benefits of TSP for both the transit service provider and the transit users. This project has three specific goals: decrease transit travel time, improve schedule reliability and improve vehicle operations. Once these goals are achieved several indirect benefits are expected, noted as corollaries below. Goal 1: Decrease Transit Travel Time This project will reduce the delay of transit vehicles at signalized intersections. For a route with as many intersections as the JUMP, the collective delay reductions could be many minutes. Once the reduction in intersection delay has been established, schedules can be adjusted to decrease the transit travel time. Corollary 1: Decreasing the transit travel time makes transit more competitive with the private automobile. After implementation of this project it is likely that the JUMP will witness an increase in transit users, some of which will have switched modes from Single Occupant Vehicles. To that end, this project will potentially reduce the ADT on this congested corridor, leading to reduced delays experienced by all corridor users. Corollary 2: Decreasing the transit travel time creates the potential to maintain existing frequencies with fewer transit vehicles in operation. This allows the transit service operator to substantially decrease operating costs. Goal 2: Improve Schedule Reliability Especially in peak periods, dwell times at signals along State Highway 7 can be highly variable leading to transit vehicles getting behind schedule. This project will improve the schedule reliability of transit vehicles, also known as on-time performance. This goal can be achieved with or without new scheduling described in Goal 1. Corollary 3: Improving schedule reliability increases the attractiveness of using transit leading to many benefits including those described in Corollary 1.
  4. 4. Goal 3: Improve Vehicle Operations This project will reduce the frequency of deceleration and acceleration of the JUMP vehicles. This will lead to less wear and tear on the vehicles (engine, tires, breaks, etc) and reduce fuel consumption. This will provide a direct cost savings for the transit service operator. Corollary 4: Decreasing fuel consumption will reduce transit vehicle emissions leading to several air quality benefits. Project Details This corridor was specifically selected for TSP for several reasons. First, this corridor is one of the key inter-municipal transit corridors connecting the City of Boulder to the City of Lafayette. The JUMP route has witnessed an increase in ridership of 37% in the past three years. In June 2008, the JUMP was extended to reach Erie, further connecting communities in Boulder County. Second, the fleet of buses which need to be retrofitted with transponders is small; only the wrapped JUMP buses will need transponders. This decreases the overall project cost and Intersection simplifies implementation for the transit service provider. Controller Type Third, is the high number of intersections that are Operator for TSP in this project. The project candidates could incorporate seven signalized intersections between Boulder and Lafayette. Initial candidates Arapahoe/55th for TSP improvements 2070 below: are listed City of Boulder Arapahoe/Cherryvale 170/470IB City of Boulder Arapahoe/63rd 170E HC-11 CDOT R4 Arapahoe/75th 170E HC-11 CDOT R4 Arapahoe/95th 170E HC-11 CDOT R4 111th/Baseline 170 CDOT R6 Baseline/N. Public Road 170 CDOT R6
  5. 5. Scope of Work This project will be divided into two phases: Evaluation and Implementation. The final task in the Evaluation an assessment of TSP applicability for this corridor. At this point, with guidance from the consultant team, the stakeholder group will determine if we should proceed to Phase II: Implementation. Phase I: Evaluation A. Concept Development The consultant group will lead a workshop with the stakeholder team to identify specifics of how the TSP will perform in this corridor. This workshop will identify project constraints which will help direct the Intersection Analysis, described below. Items to be identified at this meeting include but are not limited to: 1. Will this be conditional or unconditional priority? 2. Can signals phases be skipped or rearranged (phase rotation)? 3. Is phase insertion allowed? 4. Will there be check out detection? 5. Can existing signal poles be used? 6. Will future transit ridership be included in the analysis? 7. Will express bus service be included in the analysis of travel time reductions? This concept development meeting will be combined with the kick-off meeting held in January 2009. B. Data Collection As identified above, this project has seven candidate intersections for TSP on SH 7. As part of the evaluation phase, current traffic data will be required for all traffic movements at each intersection proposed for TSP. Working closely with CDOT and Boulder County the consultant team will: 1. Determine what AM and PM peak hour traffic data currently exists for the TSP intersection candidates. Data sources include but are not limited to DRCOG, CDOT, City of Boulder, and the CDOT SH7 Environmental Assessment. 2. Collect any additional traffic counts necessary. When developing a cost estimate for this RFP, please provide the cost to collect traffic data at all seven intersections. 3. Parse the data to be used in a software intersection analysis. TSP will only be implemented at the intersections in which the transit route is on the roadway 4. Sample automobile occupancy to estimate person-trips through each intersection. approach with the highest ADT. As such there will be no signal changes to either State Highway 7/ 5. Collect transit ridership and schedule information on the JUMP from Boulder County. Foothills Parkway (SH 157) or State Highway 7/ State Highway 287 since the ADT on these State corridors is higher than Arapahoe. A stakeholder team has been formed representing all regional agencies involved in the project. The team includes one or more members from CDOT, DRCOG, RTD, the City of Boulder and Boulder County.
  6. 6. 1. The maximum allowable signal phase priority given expected transit vehicle schedules, done in partnership with the respective signal operators. 2. Average corridor speeds with and without TSP implementation. 3. Person hours of delay with and without TSP implementation for both the intersection and the corridor. 4. Expected increase in person-delay for the cross streets. 5. Average vehicle delay with and without TSP implementation for both the intersection and the corridor. 6. Eastbound and westbound travel times with and without TSP implementation. 7. Potential travel time reductions for the JUMP. D. Assessment Upon completion of the data collection and intersection analysis, Boulder County will hold a meeting with the stakeholder and consultant teams to assess the findings. At this meeting the consultant team will present the full findings of their intersection and corridor analysis as depicted in section C. The consultant team will also recommend which intersections should continue to be included in implementation. Also at this stage the consultant team will develop a cost per intersection estimate to assist the stakeholder team in determining how many intersections along SH7 will have TSP installed within this project. Phase II: Implementation A. Purchasing hardware and software The consultant team will work closely with CDOT, RTD and Boulder County to select the best technology given the project parameters. These parameters include but are not limited to: 1. Consensus decisions items coming from Phase I, section A: Concept Development 2. CDOT’s preference against in-pavement loop detectors 3. Compatibility with Type 170 and 2070 controllers 4. Compatibility with Oasis software 5. Compatibility with the Opticom system currently in use on at least two signals on SH 7 (Requirements for compatibility with the Opticom system should not lead to a selection preference of the Opticom system) 6. Maximum power draw allowed on the transit vehicles B. Installation The consulting team will manage the installation of all aspects of TSP on the selected intersections. Note that the City of Boulder will install the selected signal hardware/ software and C. Intersection analysishardware at all of the intersections identified for TSP implementation. vehicle detection Each of these intersections will require a consultant teamthe this task will: using software such as Specifically the full analysis of in data collected Synchro or VISSIM.with RTD and First Transit tobe the movement of peopletransponders on each 1. Work closely The metric for analysis will oversee the installation of through the intersections as opposed to most corridor. that use movement of cars. This metric will provide a transit vehicle using this analyses better understanding of how the buses should be prioritized as theycontroller. the intersection. 2. Install the appropriate hardware and software at each signal approach Specifically this task will determine: detection hardware at each intersection. 3. Install the appropriate vehicle 4. Program the controllers.
  7. 7. There will be several IGAs and other special use permits that will need to be drafted and executed to allow for the consultant team to work on CDOT signals and to receive permission from RTD to install transponders on their buses. Boulder County staff will be responsible for developing any such contracts needed for this project. C. Monitoring and Evaluation Once the TSP installation is complete, there will be a two-month monitoring period of the system. The consultant team will monitor for technical problems with the new hardware and software and fine-tune operations at the signals. Specifically this task will include: 1. Observing each intersection twice during weekday peak-periods to determine if priority is causing excessive queuing on the cross streets. 2. Adjusting signal phasing to compensate for excessive delay on the cross streets. 3. Managing input from the transit service provider regarding any issues with transponders. Boulder County will be responsible for evaluating the benefit of TSP as required by the federal funding of the project. The three goals identified at the beginning of the RFP will be used as the evaluation criteria. Some transit data such as on-time performance and ridership may be requested from the transit service provider. RFP Evaluation Criteria In accordance with CDOT consultant selection criteria CRS 24-30-1403, the proposals will be evaluated based on the following criteria: The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and Involvement of minority consultants
  8. 8. January Feb. March April May June July August Sept. October Nov. Dec. Phase I Kick-Off / Concept Meeting Data Collection Upon consultant team selection, a project lump sum will be negotiated based on the scope of work and the consultant team’s proposal.
  9. 9. Intersection Analysis Assessment Assessment Meeting Phase II Purchasing
  10. 10. ffd8ffe0001 ffd8ffe00 ffd8ffe00 ffd8ffe00 ffd8ffe00 ffd8ffe0001 ffd8ffe00 ffd8ffe00 04a4649460 0104a464 0104a464 0104a4649 0104a464 04a4649460 0104a464 0104a464 001020100c 9460001094600010 460001020 94600010 001020100c 94600010 94600010 800c80000ff 20100c80 20100c80 100c800c8 20100c80 800c80000ff 20100c80 20100c80 e20c5849434 0c80000ff0c80000ff 0000ffe20c 0c80000ff e20c5849434 0c80000ff 0c80000ff 35f50524f46 e20c5849 e20c5849 584943435 e20c5849 35f50524f46e20c58494 e20c5849 43435f505 43435f505f50524f46 494c450001 43435f505 43435f505 494c450001 3435f5052 No 0100000c48 24f46494c 24f46494c494c45000 24f46494c 0100000c48 4f46494c4 24f46494c te: 4c696e6f021 4500010145000101 10100000c 45000101 4c696e6f02150001010 45000101 Bo 000006d6e7 00000c48 00000c48 484c696e6 00000c48 000006d6e7 0000c484c 00000c48 uld 4725247422 4c696e6f0 4c696e6f0f02100000 4c696e6f0 4725247422 696e6f021 4c696e6f0 er 6d6e74725 Co 058595a200 2100000621000006 21000006 058595a200 000006d6 21000006 247422058 unt 7ce00020009 d6e74725 d6e74725 d6e74725 7ce00020009 d6e74725 e7472524 595a2007c y 0006003100 2474220524742205 e00020009 24742205 0006003100 74220585 24742205 Installation wil 0061637370 8595a200 8595a200 000600310 8595a200 0061637370 95a2007ce 8595a200 l 4d53465400 7ce00020 7ce00020 000616373 7ce00020 4d53465400 00020009 7ce00020 ha 0000004945 0090006000900060 704d53465 00900060 0000004945 00060031 00900060 ve 4320735247 0310000603100006 400000000 03100006 4320735247 00006163 03100006 an 4200000000 1637370416373704 494543207 16373704 4200000000 73704d53 16373704 y 0000000000 d5346540d5346540 352474200 d5346540 0000000000 46540000 d5346540 an 0000000000f 0000000400000004 000000000 00000004 0000000000f00004945 00000004 d 6d60001000 9454320794543207 000000000 94543207 6d60001000 43207352 94543207 all 00000d32d4 3524742035247420 00000000f 35247420 00000d32d4 47420000 35247420 IG 8502020000 0000000000000000 6d6000100 00000000 8502020000 00000000 00000000 As 0000000000 0000000000000000 000000d32 00000000 0000000000 00000000 00000000 an 0000000000 0000000000000000 d48502020 00000000 0000000000 00000000f 00000000 d 000f6d600 000f6d600000000000 0000000000 000f6d600 000f6d600 0000000000 6d600010 spe 0000000000 0100000001000000 000000000 01000000 0000000000 0000000d 01000000 cia 0000000000 00d32d4800d32d48 000000000 00d32d48 0000000000 32d48502 00d32d48 l 0000000000 5020200050202000 000000000 50202000 0000000000 02000000 50202000 use 0000000000 0000000000000000 000000000 00000000 0000000000 00000000 00000000 per 0000000000 0000000000000000 000000000 00000000 0000000000 00000000 00000000 mit 0000000000 0000000000000000 000000000 00000000 / Evaluation Monitoring 00000000 0000000000 00000000 s 0116370727 0000000000000000 000000000 00000000 0116370727 00000000 00000000 req 4000001500 0000000000000000 000000000 00000000 4000001500 00000000 00000000 uir 000000000 ed 0000033646 0000000000000000 00000000 0000033646 00000000 00000000 000011637 for 5736300000 0000000000000000 00000000 5736300000 00000000 00000000 072740000 im 1840000006 0000000000000000 015000000 00000000 1840000006 00000000 00000000 ple c777470740 0000000000000000 033646573 00000000 c777470740 00000000 00000000 me 00001f00000 0000000000000000 630000018 00000000 00001f0000000000000 00000000 nta 0014626b70 0000000000000000 40000006c 00000000 0014626b70 00000000 00000000 tio 7400000204 0000116300001163 777470740 00001163 7400000204 01163707 00001163 n 0000001472 7072740070727400 00001f000 70727400 0000001472 27400000 70727400 ful 58595a0000 0001500000015000 000014626 00015000 58595a0000 15000000 00015000 ly 20 0218000000 0000336400003364 b70740000 00003364 0218000000 03364657 00003364 ex 09 146758595a 6573630065736300 020400000 65736300 146758595a 36300000 65736300 ec Pr 0000022c00 0001840000018400 014725859 00018400 0000022c00 18400000 00018400 ute oje 0000146258 00006c77 00006c77 5a0000021 00006c77 0000146258 06c77747 00006c77 d ct 595a000002 7470740074707400 800000014 74707400 595a000002 07400000 74707400 by Ti 0001f0000 0001f00006758595a0 4000000014 0001f0000 0001f0000 4000000014 1f0000000 Ju me 646d6e6400 0001462600014626 000022c00 00014626 646d6e6400 14626b70 00014626 ne lin 0002540000 b7074000b7074000 000014625 b7074000 0002540000 74000002 b7074000 20 e 0070646d64 0020400000204000 8595a0000 00204000 0070646d64 04000000 00204000 09. 64000002c4 0001472500014725 024000000 00014725 64000002c4 14725859 00014725 0000008876 8595a000 8595a000 014646d6e 8595a000 0000008876 5a000002 8595a000 7565640000 0021800000218000 640000025 00218000 7565640000 18000000 00218000 034c000000 0001467500014675 400000070 00014675 034c000000 14675859 00014675 8676696577 8595a000 8595a000 646d64640 8595a000 8676696577 5a000002 8595a000 000003d400 0022c000 0022c000 00002c400 0022c000 000003d400 2c000000 0022c000
  11. 11. SIGNATURE PAGE SUBMITTAL SECTION RFP # 5072-08 RFP # 5072-08 Failure to sign and return this submittal page with your proposal may be cause for rejection. The submittal should contain the following elements in the order listed below: I certify that I am not currently an employee of Boulder County, and to the best of my knowledge, none of my employees or agents are currently employees of Boulder County. I also certify that I am 1. Name and contact information for the County manager of each firm Official. not related to any Boulder project employee or Elected on the consultant team. SIGNATURE: _____________________________________________ Note: If you cannot certify the above statements, please explain in the space provided below: 1. A short background of each firm on the consultant team including the comprehensive services provided as well as special area of expertise. 1. Names of individuals who will be responsible for supervising and carrying out the work, for each section requested. Please include a summary of any relevant professional licenses of _______________________________________________________________________ each individual. Company Name 1. A compendium of previous projects similar to the duties outlined in this RFP and/or other _______________________________________________________________________ relevant experience or expertise that qualifies your team to perform the scope of work. Print or Type Name of Person Authorized to Bid on Company’s Behalf 1. The firm’s cost estimate to complete the scope of work. ___ ____________________________________________________________________ 1. Your firms’ ability to meet the County’s minimum insurance requirements listed in the *Signature of Person Authorized to Bid on Company’s Behalf Date attached sample contract. Note: If your firm is chosen to enter into a Continuing Services contract, proof that your firm meets these insurance requirements will need to be submitted. *NOTE: The person signing this bid must be authorized by the bidding agency to bind the company into all terms, conditions and pricing submitted and made a part of these specifications and bid. 1. Your team’s approach to the tasks identified in the scope of work. Approach should be limited to 4 pages. _______________________________________________________________________ Business Address _______________________________________________________________________ City State Zip Code _______________________________________________________________________ Phone # Fax # E-Mail Address ____________________________________________ ___________________________ ATTEST: Secretary Corporate Seal
  12. 12. SAMPLE CONTRACT BOULDER COUNTY (name of service contracting for) CONTRACT ________________________________________________________________ THIS CONTRACT ("Contract") is entered into between the County of Boulder, State of Colorado, acting by and through its Board of County Commissioners ("County") and (name of company) ("Contractor"). In consideration of the rights and obligations specified below, the County and the Contractor agree as follows: 1. Incorporation into Contract: The Invitation for Bid and Bid Specifications of Boulder County Bid No.________, together with any alterations and/or modifications to these Specifications (the "Bid Documents"), are expressly incorporated into this Contract by this reference. 2. Work to be Performed: The Contractor will, in a good and workmanlike manner and at its own cost and expense, furnish all labor and equipment and do all work necessary and incidental to performing (specify type of work) as specified in the Bid Documents and this Contract (the "Work"). The Contractor shall perform the Work in strict accordance with the Bid Documents and this Contract. 3. Term of Contract: This Contract shall begin and become effective on the date of execution by the parties, which date is the date specified on the signature page of this Contract. Under this Contract, the Contractor shall begin Work on (date) and shall continue through (date) . 4. Payment for Work Performed: In consideration of the Work to be performed by the Contractor, and subject to paragraph 14, the County shall pay to the Contractor, in accordance with the Bid Documents, $ (contract price) . 1. Extension and/or Renewal of Contract Term:
  13. 13. d. TEN CALENDAR DAYS BEFORE THE COMMENCEMENT OF ANY EXTENDED Workers' Compensation and Employer's Liability. Workers’ Compensation must be maintained with the statutory limits. Employer's Liability is SUBMITfor minimum limits of PROOF OF TERM THE CONTRACTOR SHALL required TO THE COUNTY $100,000.00 INSURANCE AS REQUIRED IN PARAGRAPH 9. Each Accident/$500,000.00 Disease-Policy Limit/$100,000.00 Disease-Each Employee. e. Should the parties fail to agree upon the scope of services or compensation to be paid to Contractor for any extension or renewed term, or should Contractor fail to submit the required documents within the time period specified in paragraph 5(d), then this Contract shall terminate at the end of the then current term and no extension or renewal of the term of the Contract shall occur. 6. Quality of Performance: The Contractor shall perform the Contract in a manner satisfactory and acceptable to the County. The County shall be the sole judge of the quality of performance. 7. Schedule of Work: The Contractor shall perform the Work during the hours designated by the County so as to avoid inconvenience to the County and its personnel and interference with the County's operations. 8. Indemnity: The Contractor shall be liable and responsible for any and all damages to persons or property caused by or arising out of the actions, obligations, or omissions of the Contractor, its employees, agents, representatives or other persons acting under the Contractor's direction or control in performing or failing to perform the Work under this Contract. The Contractor will indemnify and hold harmless the County, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including but not limited to attorneys’ fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of the Contractor, its employees, agents or representatives, or other persons acting under the Contractor’s direction or control. Nothing in this indemnification agreement shall be construed in any way to be a waiver of the County's immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. a. The County, in its sole discretion, may elect to extend the term of this Contract. In the event the 9. Insurance Requirements:exercise this right, it shall sendmaintain at its own expense, and without to County elects to The Contractor shall procure and written notice to Contractor, pursuant cost to the County,15, of its intent to extendminimum of the Contract. The notice shall set forth the the paragraph the following kinds and the term amounts of insurance for purposes of insuring length liability of thewhich the Contractor has assumed until this Contract has expired or is terminated: risks extension. b. Upon mutual agreement by the parties, this Contract may be renewed for two additional one- Commercial General Liability. This coveragetime this Contract shall an ISO 1998 Form or most year periods through date during which should be provided on be in full force and effect, current with minimum limits provisions of paragraph 14. If this option to renew is exercised, the subject to the termination of $600,000.00 combined single limit for each occurrence. parties shall execute a written agreement no later than thirty (30) days before the expiration of this Automobile Liability. Minimum limits are required to be $600,000.00 for each occurrence. Contract. Coverage must include: c. All of the provisions of this Contract shall remain in full force and effect during any extension or renewed term except that the scope of services andto be used on the Contractto Contractor during All vehicles owned, non-owned, and hired compensation to be paid any extension or renewed term shall be mutually agreed upon prior to the commencement of any extension or renewed term. The agreed upon scope of services and compensation shall be reduced to writing, signed by both parties, and attached to this Contract.
  14. 14. 13. Independent Contractor: The Parties recognize and agree that the Contractor is an independent contractor for all purposes, both legal and practical, in performing services under this Contract, and that the Contractor and its agents and employees are not agents or employees of Boulder County for any purpose. As an independent contractor, the Contractor shall be responsible for employing and directing such personnel and agents as it requires to perform the servicesBoulder County demonstrating that the The Contractor shall provide Certificates of Insurance to purchased under this Contract, shall exercise insurance requirements have been met prior to the commencement of Work under this Contract. The complete authority over its personnel and agents, and shall be fully responsible for their actions. Commercial General Liability certificate shall indicate Boulder County as an ADDITIONAL INSURED. The Additional Insured wording should be as follows: County of Boulder, State of Colorado, a body corporate and politic, is named as Additional Insured. These Certificates of Insurance shall also contain a valid provision or endorsement that these policies may not be canceled, terminated, changed or modified without thirty (30) days written notice to the County, pursuant to paragraph 15. The certificate holder is: Boulder County Attn: Pam Stonecipher, Risk Manager Boulder County P.O. Box 471 Boulder, CO 80306 Please forward certificates to the above certificate holder. 10. Nondiscrimination: The Contractor agrees to comply with the letter and spirit of the Colorado Anti- Discrimination Act, C.R.S. § 24-34-401, et seq., as amended, and all applicable local, state and federal laws respecting discrimination and unfair employment practices. 11. Nondiscrimination Provisions Binding on Subcontractors: In all solicitations by the Contractor for any Work related to this Contract to be performed under a subcontract, either by competitive bidding or negotiation, the Contractor shall notify each potential subcontractor of the Contractor's obligations under this Contract, and of all pertinent regulations relative to nondiscrimination and unfair employment practices. 12. Information and Reports: The Contractor will provide to authorized governmental representatives, including those of the County, State and Federal Government, all information and reports which they may require for any purpose authorized by law. The Contractor will permit such authorized governmental representatives access to the Contractor's facilities, books, records, accounts, and any other relevant sources of information. Where any information required by any such authorized government representative is in the exclusive possession of a person other than the Contractor, then such Contractor shall so certify to the County, and shall explain what efforts it has made to obtain the information.
  15. 15. Contractor acknowledges that it is not entitled to unemployment insurance benefits or workers’ compensation benefits from Boulder County, its elected officials, agents, or any program administered or funded by Boulder County. Contractor shall be entitled to unemployment insurance or workers’ compensation insurance only if unemployment compensation coverage or workers’ compensation coverage is provided by Contractor, or some other entity that is not a party to this Contract. Contractor is obligated to pay federal and state income tax on any monies earned pursuant to this Contract. 14. Termination and Related Remedies: a.The other provisions of this Contract notwithstanding, financial obligations of Boulder County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Boulder County is prohibited by law from making financial commitments beyond the term of its current fiscal year. The County has contracted for goods and/or services under this Contract and has reason to believe that sufficient funds will be available for the full term of the Contract. Where, however, for reasons beyond the control of the Board of County Commissioners as the funding entity, funds are not allocated for any fiscal period beyond the one in which this Contract is entered into, the County shall have the right to terminate this Contract by providing seven (7) days written notice to the Contractor pursuant to paragraph 15, and will be released from any and all obligations hereunder. If the County terminates the Contract for this reason, the County and the Contractor shall be released from all obligations to perform Work and make payments hereunder, except that the County shall be required to make payment for Work which has been performed by the Contractor prior to the effective date of termination under this provision; and, conversely, the Contractor shall be required to complete any Work for which the County has made payment prior to providing written notice to the Contractor of the termination.
  16. 16. Mailing Address) For the Contractor: (enter Contractor’s name and Mailing Address) In the event a notice is mailed pursuant to the provisions of this paragraph, the time periods specified in paragraph 14 shall commence to run on the day after the postmarked date of mailing. 16. Statutory Requirements: This Contract is subject to all statutory requirements that are or may become applicable to counties or political subdivisions of the State of Colorado generally. Without limiting the scope of this provision, the Contract is specifically subject to the following statutory requirement: Contract payments may be withheld pursuant to C.R.S. § 38-26-107 if the County receives a verified statement that the Contractor has not paid amounts due to any person who has supplied labor or materials for the project. 1. Prohibitions on Public Contract for Services: (REMOVE THIS SECTION IF NOT A SERVICE CONTRACT) Pursuant to Colorado Revised Statute (C.R.S.), § 8-17.5-101, et. seq., as amended 5/13/08, the Contractor shall meet the following requirements prior to signing this Agreement (public contract for service) and for the duration thereof: The Contractor shall certify participation in the E-Verify Program (the electronic employment verification program that is authorized in 8 U.S.C. § 1324a and jointly administered by the United States Department of Homeland Security and the Social Security Administration, or its successor program) or the Department Program (the employment verification program established by the Colorado Department of Labor and Employment pursuant to C.R.S. § 8-17.5-102(5)) on the attached certification. b. The preceding provisions notwithstanding, the County may terminate this Contract, either in whole or in part, for any reason, whenever knowingly employ or contract with an illegal alien to The Contractor shall not the County determines that such termination is in the County’s best interests. Such termination publicbe effective services. County provides seven (7) perform work under this shall contract for after the days written notice to the Contractor pursuant to paragraph 15. The Contractor shall not enter into a contract with a subcontractor that fails to c.In the event the County to the Contractorof thethe subcontractor shall not knowingly employ or or certify exercises either that termination rights specified in paragraphs 14(a) 14(b), this Contract shall ceasean illegal alien further force andunder this public contract forof all contract with to be of any to perform work effect, with the exception Contract remediesservices. specified herein and may otherwise be available to the parties under which are the law, and with the exception of any rights or liabilities of the parties which may survive by virtue of this Contract.the time of signing this public contract for services, the Contractor has At confirmed the employment eligibility of all employees who are newly hired for 15. Notices: For purposes employment to required work under this under paragraphs 5, 9, and throughsuch of the notices perform to be provided public contract for services 14, all notices shall be in writing, and shall bein either the by Certified U.S. Mail - Return Receipt Requested, or participation either sent E-Verify Program or the Department Program. hand-delivered to the following representatives of the parties at the following addresses: The Contractor shall not use either the E-Verify Program or the Department Program procedures to undertake pre-employment screening of job applicants For the County: (enter this publicname, Department, and being performed. while DH/EO’s contract for services is
  17. 17. If Contractor obtains actual knowledge that a subcontractor performing work under this public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall: notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to the previous paragraph, the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor 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. Contractor shall comply with any reasonable requests by the Department of Labor and Employment (the Department) 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). If Contractor violates this Section II of this Agreement, the County may terminate this Agreement for breach of contract. If the Agreement is so terminated, the Contractor shall be liable for actual and consequential damages to the County.