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REVISED REQUEST FOR BID CLEAR CREEK COUNTY COURTHOUSE HVAC PREVENTATIVE MAINTENANCE CONTRACT

Agency: Clear Creek County
Level of Government: State & Local
Category:
  • J - Maintenance, Repair, and Rebuilding of Equipment
Opps ID: NBD17141894569611938
Posted Date: May 10, 2023
Due Date: May 15, 2023
Source: https://www.co.clear-creek.co....
Bid Number: 23-01
Bid Title: REVISED REQUEST FOR BID CLEAR CREEK COUNTY COURTHOUSE HVAC PREVENTATIVE MAINTENANCE CONTRACT
Category: Facilities Department
Status: Open
Additional Status Information: Revised and Reopened
Bid Recipient: Zach Menz, zmenz@clearcreekcounty.us

Description:

REVISED REQUEST FOR BID

CLEAR CREEK COUNTY COURTHOUSE HVAC PREVENTATIVE MAINTENANCE CONTRACT

405 Argentine St., Georgetown, Colorado 80444

PURPOSE

The County of Clear Creek has determined an extension of this Request-for-Bid will be implemented in order to allow more time for vendors to bid the request and also widen the pool of vendors to provide this service for the County facilities. Please Note: This Request-for-Bid is formally reopened and extended until May 15, 2023. All the remaining requirements and scope of work remain the same with the exception of the Request-for-Bid schedule. Please see the new timeline schedule for this Request-for-Bid below. If you have already submitted a bid for this Request-for-Bid, your bid will be retained as current and accepted for consideration by the County. Should prior vendors who submitted a bid decide to update their bid, those vendors will be responsible to submit via the new time schedule with notation that this new bid supersedes the prior bid. Again, repeat-bidders must make a notation on their second bid that it is to replace the prior bid. Clear Creek County appreciates your consideration of this extension and we look forward to your submittals.

Clear Creek County is seeking bids from qualified professional vendors for HVAC preventative maintenance and repair services for the County Courthouse with options to include multiple other facilities. The qualified contractor must show possession of skills necessary to maintain and improve effectiveness, enhance its quality of services, minimize down time and support costs, and ensure HVAC safety and operation.

The purpose of this Request-for-Bid is to obtain relevant information, credentials, qualifications, experience and a proposed Project Approach from interested contractor to inform the Board for selection of an HVAC company to maintain, inspect, and test multiple HVAC/furnace/boiler units monthly at each location and to recommend the replacement or repair of units in need.

REQUEST FOR BID SCHEDULE

The Request-for-Bid Schedule is as follows. The County of Clear Creek reserves the right to revise the Schedule or other portions of this as necessary.

Description

Date

Release Solicitation

April 12, 2023

Question & Answer Period Begins

April 13, 2023

Question & Answer Period Ends

April 28, 2023

Bids Due – 4:00 p.m.

May 15, 2023

Anticipated Award Date

May 22, 2023

  • These dates are subject to change based on funding appropriations.
  • Any revisions to the above schedule will be posted on the Clear Creek County website “Bid Postings” link. It is the responsibility of all submitting firms to review this website for scheduling updates as well as Request-for-Bid modifications and addendums.

Expected Period of Contract: A contract beginning in May of 2023 and may be renewed or extended on an annual basis.

INTRODUCTION:

Clear Creek County currently contracts for maintenance and repair of Heating, Ventilating and Air Conditioning Systems and components at the County Courthouse. The existing contract will expire and the County is seeking proposals to provide services as a fixed monthly rate for the next one (1) year, and may elect to extend the service contract for additional one-year terms by agreement of both parties in writing. The contract may be terminated by either party upon a 30-day certified notice letter for any reason.

The Contractor shall retain professional personnel who have successfully and competently provided commercial facility HVAC maintenance and repair services on projects of similar scope and complexity. For the purpose of this contract, routine preventative HVAC maintenance shall be defined as scheduled routine inspection and proactive servicing of HVAC systems so as to facilitate heating/cooling with minimal downtime (see attachment B for specific tasks). The routine maintenance and all repairs shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and in conformance to all applicable laws, codes and regulations. The successful contractor’s preventative maintenance and repairs shall, at a minimum, include but not be limited to the specifications outlined herein.

In addition to the Courthouse, the County has 2 other buildings to be included for regular preventative maintenance. These facilities have currently been maintained internally by staff and outsourcing as necessary. The County would like them considered as optional costs in the bid proposal. These facilities include:

  • Alternate #1: Animal Shelter: 500 W. Dumont Rd, Dumont
  • Alternate #2: Public Works Building: 3549 Stanley Rd, Dumont

REQUEST FOR BID PRE-BID MEETING:

A pre-bid meeting is scheduled for Wednesday, March 15, 2023, 9:00 a.m. at the County Courthouse in Georgetown (405 Argentine Street, 80444). Bidders are not required to attend but it is helpful to get all the questions out on the table allowing all bidders to hear the same information.

SCOPE OF SERVICES:

It is the Proposer’s responsibility to provide labor and material to perform preventative maintenance, service, and repair of all HVAC equipment. All filters, belts, annual testing and written report of the semi-annual boiler, grease, refrigerant, oil, touch-up, paint, and mechanical, electrical, miscellaneous parts and materials needed to maintain the equipment to service, repair, and maintain to the manufacturer’s specifications will be included in this proposal.

Contractor shall repair or replace failed or worn moving parts (such as, but not limited to: bearings, motor rotors, motor starters, seals, gears, burners, actuators, controls and switches). Prior to beginning any repair or replacement, Contractor will troubleshoot the system to diagnose the system’s problems. The County shall not incur any extra charge for this troubleshooting service. Contractor shall itemize the equipment list covered as repairable or replaceable. If HVAC equipment is not repairable, contractor will contact the Building Facilities Supervisor or other County representative with an estimate to replace with an equivalent type.

Work not included in this proposal is as follows:

Original system design and installation; utility company service problems; Non-moving parts such as heat exchangers, boiler tubes, shells, condenser tubes, gas, and water piping; natural gas supply; air distribution duct work; air balance; thermal insulation; improper operation; negligence or misuse of equipment by persons occupying the space, the owner, the owner’s representative, or vandals; alteration, additions, or repairs made by others, catastrophic acts of nature; equipment interiors and exteriors; plumbing; electrical service beyond the parts of the heating, cooling, and ventilation equipment; electrolysis; work required by governmental agencies or insurance agencies; removing, replacing, or altering any part of the building structure in the performance of this agreement. Individual ceiling mounted restroom ventilation fans are also excluded from this agreement.

Contractor shall use technicians sufficiently trained and under the direction of a licensed HVAC mechanic holding a CO license.

Contractor shall provide expeditious services to all County facilities covered under this agreement.

Quarterly Requirements & Expectations:

• Contractor shall perform quarterly walkthroughs of HVAC systems to perform preventative maintenance and filter changes.

• Contractor shall review and, through monitoring and inspections, verify that the services described in Attachment B (Preventative Maintenance Service Schedule) are performed quarterly.

• Contractor will perform scheduled annual inspection and quarterly preventive maintenance in accordance with services described in Attachment B (Preventative Maintenance Service Schedule) as well as a program of standard routines as determined by experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. The equipment included under these services is itemized in the County Building and Equipment List (Attachment A).

• Contractor will perform quarterly HVAC Air Filter Changing Service. This service will maintain indoor air quality by providing and changing filters and minimizing dust and particles from collecting on ductwork. This service will ensure proper flow through cooling and heating coils, thus preventing restrictions in airflow, leading to higher system and energy efficiency. All filters are to be pleated high efficiency type – MERV 8 filters (or higher at the County’s discretion) are required. All filters should be marked with the date when they are replaced.

Annual Requirements and Expectations:

• Contractor shall inspect all HVAC systems annually, with seasonal startup and run inspections performed and documented.

• Contractor will perform scheduled annual inspection for preventive maintenance in accordance with services described in Attachment B (Preventative Maintenance Service Schedule) as well as a program of standard routines as determined by experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. The equipment included under these services is itemized in the County Building and Equipment List (Attachment A).

REPORTING & ACCOUNTING:

The contractor will provide a standard proof of work documentation following completion of work. The document must include sufficient information to identify facility where the work was performed, equipment and/or components on which work was performed, purpose of the work, date and time of the work, parts used, types of refrigerants, and the name /certification number of technicians executing the work. This should be submitted within 48 hours of the work being performed.

All work beyond and in addition to the scope of the contract shall be considered billable hours and will require a proposal with pricing to be submitted and approved by the Building Facilities Supervisor or other County representative prior to any repairs that exceed $500.00.

BUDGET DETAILS:

The funding for this project is included in the 2023 Clear Creek County General Fund.

EXHIBITS:

Exhibit A: Courthouse Building & Equipment Detail

Exhibit B: Preventative Maintenance Service Schedule

Exhibit C: Pricing Summary

Exhibit D: Professional Services Agreement

SUBMITTAL REQUIREMENTS:

The Request-for-Bid response shall include the following information and shall be organized as follows:

Cover Letter

Table of Contents

  1. Firm Overview: Provide concise details of your Firm which includes information describing size, services, credentials, qualifications and expertise, office location and specific experience in facility programming, planning and design.
  2. Relevant Experience: Provide specific examples of relevant facility projects of similar scope and complexity the Firm has completed in the last five years.
  3. Current Workload: Provide a description of projects undertaken by your Firm that would be concurrent with the timeframe of this project.
  4. Project Team: It is the expectation of Clear Creek County that the individuals noted in the team will not be changed after the Project is awarded except in unusual circumstances beyond the Firm’s control.
  5. Project Approach: Provide a detailed narrative and proposed schedule describing your specific approach as well as your ability to meet the needs of this Project. Outline your understanding of the Project and identify critical issues based on your Firms’ experience.
  6. Project Cost Estimate: Please provide an estimate for annual and quarterly maintenance at the Courthouse facility, include optional line item costs for each additional facility.

Appendix:

Provide any other information – unique capabilities, value-added services, etc. – relevant to the County’s evaluation of your Firm.

Response information shall be limited to the information requested as noted above.

Clear Creek County will not be responsible for any cost associated with the preparation of the Firms’ responses to this Request-for-Qualifications.

SUBMISSION OF RESPONSE:

Responses shall be submitted via email clearly identified as follows:

RESPONSE TO REQUEST FOR BID

CLEAR CREEK COUNTY COURTHOUSE HVAC MAINTENANCE CONTRACT

The firm shall submit one electronic copy of their response to this Request-for-Bid.

Firms may not contact any team members, staff or employees of Clear Creek County or other parties involved in this project. All communications regarding this project should be directed to: Zach Menz, Building Facilities Supervisor, Clear Creek County Representative.

Please deliver your responses to:

Zach Menz

Clear Creek County

303-679-2411

zmenz@clearcreekcounty.us For security reasons, you must enable JavaScript to view this E-mail address.

The deadline for submitting a Response is 4:00 p.m. local time on May 15, 2023.

Responses will be time-stamped and logged upon receipt. Responses received after the deadline will NOT be considered and will be returned unopened. All timely and properly prepared Responses will be considered for evaluation.

SELECTION:

The County will appoint a Selection Committee. The Selection Committee will analyze the submittals and will evaluate the Firms regarding their qualifications and expertise, including, but not limited to, relevant experience, capability of professional staff, location, project approach and demonstrated performance as well as ability to maintain budget and schedule considerations.

RESERVATIONS:

The County reserves the right to reject any and all Responses and to waive any informality, technical defects or clerical errors in any Reponses as the best interest of the County may require. Selection procedures will be conducted in conformance with all applicable qualifications-based selection requirements.

ADDITIONAL INFORMATION:

Questions & Inquiries:

Applicants may submit written questions to Zach Menz, Clear Creek County Representative via email to zmenz@clearcreekcounty.us For security reasons, you must enable JavaScript to view this E-mail address.

Addenda

The County reserves the right to issue addenda to the Request-for-Bid at any time as a result of questions, change in schedule or other matters.

Changes

The County also reserves the right to cancel or reissue the Request-for-Bid.


Exhibit A County Building and Equipment List


Building & Location

Equipment


County Courthouse - 405 Argentine St. Georgetown (Includes Sheriff’s Office)

12x Various Trane direct drive units located throughout building, 3x belt driven/several direct drive in Sheriff’s Office

Alternate 1

Animal Shelter - 500 W. Dumont Rd. Dumont

2x Belt Driven ERVs, 2x direct drive Reznor Furnaces in Attic

Alternate 2

Public Works Building - 3549 Stanley Rd. Dumont

2x direct drive Comfort Maker Furnace, 3x belt driven Reznor Make Up Air Units on roof

Exhibit B Preventative Maintenance Service Schedule

The following tasks listed herein for each equipment type will be performed at the intervals planned. These tasks are designed to place the equipment into prime operating condition so that the equipment will operate effectively, reliably, and efficiently. Frequency shall be QUARTERLY unless noted otherwise:

  1. Rooftop Packaged Units
    1. Preventative maintenance inspection and filters changed.
    2. Check all electrical wiring, connections. Tighten as required.
    3. Check all motor starter contact surfaces for wear.
    4. Clean electrical control enclosures.
    5. Lubricate air handling unit motor bearings and fan bearings, if applicable.
    6. Check air handling unit belts for wear and change as required.
    7. Check belt tension and sheave alignment.
    8. Check condition of evaporator coils. Chemically clean as required.
    9. Check and clean condensate drains, drain lines and pan.
    10. Lubricate condenser motors annually.
    11. Clean condenser coil and fan blades annually.
    12. Calibrate controls annually.

  1. Compressors
    1. Preventive maintenance.
    2. Check all electrical wiring and connections. Tighten as needed.
    3. Check starter contact surfaces for wear.
    4. Visually leak check compressor and associated refrigerant piping.
    5. Clean exterior of compressor.
    6. Check operation of crankcase heater.
    7. Meg-ohm motor from starter and record.
    8. Check and calibrate all safety and cut-out devices.
    9. Check and adjust compressor capacity controls.
    10. Check, calibrate and adjust all operational controls.
    11. Check head and suction line pressure.

  1. Exhaust Fans – Semi-Annually
    1. Preventative Maintenance.
    2. Check all electrical wiring and connections and tighten.
    3. Check all motor starter contact surfaces for wear.
    4. Clean starter and electrical control enclosures.
    5. Lubricate motor bearings and fan bearings.
    6. Check exhaust fan belts for wear, replace as required.
    7. Check belt tension and sheave alignment. Adjust as required.
    8. Check all mounting hardware. Tighten as required.

  1. Package, Gas Heat Electric Cool
    1. Preventative maintenance inspection and filters changed.
    2. Check unit voltage and record.
    3. Lubricate motors as required.
    4. Check and adjust burners for proper flames.
    5. Check for proper combustion and flue gas relief
    6. Record discharge temperature, heating and cooling modes.
    7. Record return air temperature.
    8. Check and adjust operating and safety controls.
    9. Check and clean condensate drains, drain line and pan.

  1. Air Handler
    1. Preventive maintenance inspection and filters changed.
    2. Check starter contacts for excessive wear.
    3. Tighten all starter wire connections.
    4. Check belts, adjust or replace as needed.
    5. Check belt tension and sheave alignment. Adjust as required.
    6. Meg-Ohm motor and record.
    7. Check fan motors amps.
    8. Clean and lubricate unit motor bearings and fan bearing.
    9. Check operation of economy dampers.
    10. Lubricate and tighten all dampers and linkages as necessary.
    11. Check operation of static vane (if applicable).
    12. Visually check all coils for leaks.
    13. Check and record all coil delta.
    14. Inspect all mounting hardware, tighten as needed.
    15. Clean outside air screens. (2x/yr)
    16. Inspect condition of vibration insulators.
    17. Check and clean condensate drains, drain line and pan.

  1. Multi-zone Air Handler
    1. Perform maintenance.
    2. Lockout tag out equipment.
    3. Check fan motor amps.
    4. Clean and lubricate components.
    5. Check operation of economy dampers.
    6. Check operation of static vane or dampers.
    7. Check operation of zone dampers.
    8. Check and adjust operating and safety controls.
    9. Inspect starter contacts.
    10. Inspect condition of vibration insulators.
    11. Check and clean condensate drains, drain line and pan.

  1. Chiller
    1. Visually inspect equipment condition and operation.
    2. Check for unusual vibration, noise, excessive temperatures and refrigerant leaks.
    3. Check unit voltage and record.
    4. Check condenser pressure and record.
    5. Check evaporator pressure and record.
    6. Check oil sump sight glass.
    7. Record chilled water inlet temperature.
    8. Record chilled water outlet temperature.
    9. Check condenser water inlet.
    10. Check condenser water outlet temperature.
    11. Check compressor starter contacts for abnormal wear.

  1. Variable Frequency Drive
    1. Check unit operation.
    2. Check fault history report.
    3. Check operation of manual bypass.
    4. Verify drive signal increase and decrease.
    5. Check and tighten all electrical connections.
    6. Check starter contacts for wear.

  1. Boiler
    1. Check boilers for proper operation.
    2. Check and use boiler viewport to check main burner flame.
    3. Turn off and secure boiler.
    4. Check boilers for any unusual noise or vibration.
    5. Inspect gaskets for any signs of leaks.
    6. Examine the venting system.
    7. Remove and/or inspect gas pilot assembly. Reinstall in accordance with

recommended specifications and tolerances.

  1. Check boiler circulating pumps for proper operation and lubricate.
  2. Check flame safeguard control for pilot and main flame ignition.
  3. Check operation of blower motor and circuitry.
  4. Check operation of gas valves and vents.
  5. Inspect and tighten all electrical connections.
    1. Check and adjust all boiler limit pressure controls and running interlocks.
      1. Check operation and adjust low water controls.
      2. Check and adjust burner, pilot and main flame ignition.
      3. Check and oil combustion air fan.
      4. Check expansion tank and site glass. (Adjust as needed)
      5. Check all entering and leaving water temperatures and pressures
        1. The boiler room shall be left in the same condition as existed prior to start of the work.
        2. Refer to equipment O&M manual for any maintenance clarifications.
          1. Flush pressure relief valve.
          2. Clean and adjust scanner, igniter and flame rod.
          3. Check pilot for proper ground.

  1. Evaporator and Condenser Coils
    1. Chemically clean air-cooled condenser.
    2. Clean condensate pan and chemically treat related drain.
    3. Check and set super heat on evaporator.
    4. Inspect and chemically clean evaporator.

  1. Circulation Pumps – Annually
    1. Flush and lubricate pump and motor bearings.
    2. Check coupling alignment and security to shaft.
    3. Tighten base mountings bolts.

  1. Water Treatment
    1. Furnish chemical as required to retard scale, corrosion, and biological growths.


Exhibit C: Pricing Summary

For the County Courthouse Facility

Initial Annual Contract Total = $__________________

The basis of award will be the initial contract period only. Prices shall be good for one hundred twenty (120) days from opening of RFP.

Diagnostic Fee $ ___________________ per call

Mechanical Services $ ________ per hour

Control system and programming services $ ________ per hour

Engineering services $ ________ per hour

Truck / Travel Charge $_________________________ per each

When does this apply?

After hours service calls $ ________ per hour

(After 5pm, weekends, and holidays)

Alternate #1 Annual Contract Total= $__________________________

Alternate #2 Annual Contract Total= $__________________________

Alternate #3 Annual Contract Total= $__________________________

EXCEPTIONS TO SERVICES: Mark any items your company is not qualified to work with.

? Condensing Units

? Air Handlers

? Pump and Motors

? New & Replacement Wiring

? Zone Boards & Thermostats

? BAS Control Systems

? Boilers

? Gas Heaters

? Exhaust Fans

? Wall & Ceiling Heaters

? Mini-Split Units

? VRF Units

? VAV Boxes

Please indicate any other exclusions from the scope of work provided:

______________________________________________________________________

______________________________________________________________________

Please indicate any additions to the scope of work provided:

______________________________________________________________________

___________________________________________________________________


Exhibit D: Clear Creek County Professional Services Agreement

CONTRACT FOR Enter Type of services. SERVICES

This Contract for Enter Type of services. Services (the “Contract”), made and entered into this __________ day of ___________________, 202______, is between the County of Clear Creek, State of Colorado, a political subdivision of the State of Colorado, by and through its Board of County Commissioners (the “County”), and Enter Consultant’s Name. (the “Consultant”).

RECITALS

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

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

WHEREAS, the County desires to engage the Consultant to perform certain services and assistance in connection with Enter purpose of agreement., and the Consultant has the expertise, ability, knowledge and experience to provide those services; and

WHEREAS, the parties desire to set forth herein the terms and conditions of this Contract and their relationship.

AGREEMENT

NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and the Consultant agree as follows:

1. Scope of Services: All services to be performed by the Consultant pursuant to this Contract (the “Services”) are fully set forth and described in Exhibit A, attached hereto and incorporated herein by reference.

2. Consultant’s Performance: The Consultant shall be responsible for the completeness and accuracy of the Services, supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein; provided that, the Consultant may rely on the accuracy and completeness of information provided to it by the County unless expressly informed it should not. The fact that the County has accepted or approved the Consultant’s Services shall not relieve the Consultant of any of its responsibilities. The Consultant shall perform the Services 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 Services.

3. Term; Time of Completion; Option to Renew: The term of this Contract shall begin Click or tap to enter a date., and end Click or tap to enter a date., unless terminated earlier or further extended as provided in this Contract. The Consultant is expected to complete the Services within the term of this Contract. The County may, at its sole option, renew this Contract for up to four additional one-year terms by giving notice of such renewal prior to the end of the then-current term.

4. Compensation and Payment: In consideration of its performance of the Services, 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 B. 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 Services done by task and date, and shall describe the Services performed, the time incurred by each person performing Services, 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 Services and Consultant’s invoicing.

c. IF REIMBURSABLE COSTS: Reimbursable costs shall be billed monthly. For the purposes of this Contract, the term “reimbursable costs” shall include only actual out-of-pocket expenses incurred by the Consultant and sub-consultants in connection with the Services, except travel will be reimbursable at the I.R.S. standard mileage rate. Reimbursable costs shall not include telephone or postal charges. Reimbursable costs will include printing (sufficient copies as directed by the County), fax and photo-reproduction costs at rates provided in Exhibit B. (Exhibit B notwithstanding, the cost of Consultant’s sub-consultants 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 Contract for a period of three (3) years following final payment hereunder, which period shall be extended at the County’s reasonable request. The 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 Contract and the law.

5. Project Management: Enter Name of Proj. Mgr. for Consultant. shall be designated as the Consultant’s Project Manager for the Services. Enter Name of Proj. Mgr. for County. shall be County’s Project Manager responsible for this Contract. 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 Contract shall result in, or be construed as establishing, an employment relationship. The Consultant shall be, and shall perform as, an independent contractor. No agent, employee, or servant of the Consultant shall be, or shall be deemed to be, the employee, agent or servant of County. The 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 Contract.

7. Personnel: The 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 Contract is conditioned upon his/her continuing direct personal involvement in the Services. The County understands that other employees of Consultant will be working on portions of the Services; 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 Services, the Consultant shall immediately notify the County and the County shall have the option to terminate this Contract.

8. No Assignment: The parties to this Contract recognize that the Services to be provided pursuant to this Contract are professional in nature and that by entering into this Contract the County is relying upon the personal services and reputation of the person(s) identified in the preceding paragraph. Therefore, the Consultant may not assign its interest in the Contract, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of the County, which consent the County may withhold in its sole discretion. Except as so provided, this Contract 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 Contract.

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 the Consultant in contemplation of, or in the course of, or as a result of, Services performed hereunder (“Prepared Information”), shall be promptly furnished to the County, and is owned by the County. Prepared Information specifically excludes the Consultant’s preexisting Services and/or Prepared Information developed by the Consultant or acquired by the Consultant that was not specifically developed for the County. The 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: The Consultant acknowledges that it may receive confidential information from the County for use in connection with its performance of the Services. The Consultant further acknowledges that it may in the performance of the Services develop information, including facts, data, and opinions, which are, or in the County’s judgment should be, confidential or limited in terms of dissemination. The 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 Services. All facts, data, and opinions developed by the Consultant in the course of its performance of the Services shall be deemed to belong to the County and no such facts, data, or opinions shall be disseminated to anyone for any purpose without the County’s express written consent unless required by law.

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

11. Consultant’s Insurance: The Consultant shall purchase, and maintain throughout the course of its performance under this Contract, such insurance as will protect the Consultant and the County from claims which may arise out of or result from the Consultant’s operations under the Contract 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 the Consultant may commence any Services under this Contract, The Consultant must provide a certificate in a form satisfactory to the County showing that the 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. Workers’ Compensation and Employer’s Liability. The Consultant shall maintain Workers’ Compensation insurance that includes coverage for occupational disease, and Employer’s Liability insurance, in amounts and coverage as required by the laws of Colorado.

b. Commercial General Liability Insurance. The Consultant shall maintain a Commercial General Liability Form of insurance with bodily injury and property damage liability limits of the greater of (a) $424,000 for any one person in any one occurrence and $1,195,000 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. The Consultant shall maintain an Automobile Liability form of insurance with bodily injury and property damage liability limits of the greater of (a) $424,000 for any one person in any one occurrence and $1,195,000 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 Services 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 Contract; 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 Services is completed. The insurance will have minimum limits of $1 million per loss/aggregate.

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

12. Warranties: The Consultant represents and warrants that:

a. It is fully qualified to perform the Services and will perform the Services in a timely, accurate, and competent manner in accordance with the professional standards of the industry; provided that this warranty shall not abrogate any independent duty of care owed by the Consultant to the County;

b. Any methodologies or programs or other intellectual property utilized under this Contract were independently developed by it or duly licensed from third parties and shall neither infringe upon nor violate any patents, copyrights, trade secrets or other proprietary or intellectual property rights of a third party;

c. If it is an entity, it is duly organized, validly existing, and in good standing under the laws of the State of Colorado; and,

d. The execution, delivery and performance of this Contract by the Consultant does not and will not: (1) require the consent of any undisclosed person or entity, (2) violate any legal requirement or (3) conflict with, or constitute a breach or violation of (a) its entity’s organizational documents, if any, or (b) the terms or provisions of any other Contract, instrument or understanding by which the Consultant is bound or affected.

13. Consultant’s Indemnity: Consultant shall indemnify and hold harmless the 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 the Consultant’s performance of the Services, 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 Contract.

14. Conflicts Of Interest: The Consultant shall not knowingly perform any act that would conflict in any manner with the performance of the Services. The Consultant certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of Services.

15. Termination for the Convenience of the County: The County may terminate this Contract, in whole or in part, for its convenience upon providing written notice, by delivery or by mail, to the Consultant. Upon such termination, the County shall be liable only for Services satisfactorily completed prior to the notice and for unavoidable expenses directly incurred for performance of those parts of the Services which have been satisfactorily completed, provided that, at its sole option, the County may require that the Consultant complete particular tasks or subtasks. Upon termination Consultant shall deliver to the County all photographs, drawings, illustrations, text, data, and other documents entirely or partially completed, together with all material supplied to the Consultant by the County. Payment will be due within thirty (30) days after the Consultant has delivered the last of the partially completed documents, together with any records that may be required to determine the amount due.

16. Notices:

a. Key Notices. “Key Notices” under this Contract are notices regarding Contract default, contractual dispute, or termination of the Contract. Key Notices shall be given in writing and shall be deemed received if given by: (i) electronic mail (as set forth in subsection b, below) when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; (ii) certified mail, return receipt requested, postage prepaid, three (3) business days after being deposited in the United States mail; or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the parties will follow up any electronic mail with a hard copy of the communication by the means described in subsection (a)(ii) or (a)(iii) above. The requirement for following up a Key Notice made by electronic mail with a hard copy shall be deemed waived by the receiving party upon acknowledgement, via electronic mail, within three business day of transmission of the Key Notice, that the Key Notice has been received. All other communications or notices between the parties that are not Key Notices may be done via electronic mail. Notice shall be given to the parties 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: plichtman@clearcreekcounty.us For security reasons, you must enable JavaScript to view this E-mail address.

All Key Notices to the County shall include a reference to the Contract including the Consultant’s name and the date of the Contract.

b. Electronic Mail. The parties agree that: (i) any notice or communication transmitted by electronic mail shall be treated in all manner and respects as an original written document; (ii) any such notice or communication shall be considered to have the same binding and legal effect as an original document; and (iii) at the request of either party, any such notice or communication shall be re-delivered or re-executed, as appropriate, by the party in its original form. The parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic mail as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby forever waive such defense. For purposes of this Contract, the term “electronic mail” means email.

17. Miscellaneous:

  1. This Contract 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 Contract shall be in the District Court for Clear Creek County in the 5th District for the State of Colorado.

  1. The Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of this Contract on the basis of race, color, religion/creed, national origin, sex/gender, gender identity, gender expression, sexual orientation, ancestry, disability, pregnancy, age, veteran status, marital status, family status or political affiliation. The Consultant shall require all consultants to agree to the provisions of this subparagraph.

  1. This Contract 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.

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

  1. 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 Contract which purports to create a contractual obligation by County to do an act or be liable for something for which the County is immune, or has limited liability, in the absence of a contractual obligation, shall be deemed void.

  1. The Consultant shall maintain all records, including working papers, notes and financial records, which records shall be available to the County for inspection and audit for a period of three (3) years from the date of termination of the Contract unless the Consultant is notified in writing by the County of the need to extend the retention period. Copies of such records shall be furnished to the County upon request without charge by the Consultant.

  1. The Parties approve the use of electronic signatures for execution of this Contract. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to -121.

18. Budget Appropriation: Notwithstanding anything to the contrary contained in this Contract, the County shall have no obligations under this Contract, nor shall any payment be made to the Consultant, in respect of any period or Services performed after any December 31 of each calendar year during the term of this Contract, 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).

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

“COUNTY”

COUNTY OF CLEAR CREEK, STATE OF

COLORADO, By and Through its

BOARD OF COUNTY COMMISSIONERS ATTEST:

By:

Enter name and title of signor Deputy Clerk and Recorder

for Brenda L. Corbett

Clear Creek County Clerk and Recorder

Approved as to form and

legal sufficiency:

Peter A. Lichtman

County Attorney

“CONSULTANT”

Enter Consultant’s Name.

By:

Enter Signor’s Name.

Enter Signor’s 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:

Publication Date/Time:
4/11/2023 1:00 PM
Closing Date/Time:
5/15/2023 5:30 PM
Addendum Date/Time:
04/11/2023
Pre-bid Meeting:
NA
Contact Person:
Zach Menz
303-679-2411
zmenz@clearcreekcounty.us
Business Hours:
7:30 a.m. to 5:30 p.m. Mon-Thu

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