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.
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
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
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 firstname.lastname@example.org and to
email@example.com 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
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
BOULDER, CO 80302 BOULDER, CO 80306
PHONE: (303) 441-3525 FAX: (303) 441-4524
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
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.
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
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.
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
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.
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.
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
simplifies implementation for the transit service provider.
Third, is the high number of intersections that are Operator for TSP in this project. The project
could incorporate seven signalized intersections between Boulder and Lafayette. Initial candidates
for TSP improvements 2070 below:
City of Boulder
City of Boulder
Baseline/N. Public Road
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:
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
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
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
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
6. Eastbound and westbound travel times with and without TSP implementation.
7. Potential travel time reductions for the JUMP.
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
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.
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.
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:
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,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
Involvement of minority consultants
Kick-Off / Concept Meeting
Upon consultant team selection, a project lump sum will be negotiated based on the scope of
work and the consultant team’s proposal.
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
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.
City State Zip Code
Phone # Fax # E-Mail Address
ATTEST: Secretary Corporate Seal
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
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:
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
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:
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.
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.
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
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
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
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.
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.
For the Contractor: (enter Contractor’s name and Mailing
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
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
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
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
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.