County of Pueblo
State of Colorado
REQUEST FOR PROPOSAL
RFP No.: 11-08
RFP Name: Community Energy Coordinator Consultant Services
The undersigned, having carefully read and considered the Request for Proposal for RFP 11-
08, does hereby offer to perform such services on behalf of the County of Pueblo, in the manner
described and subject to the terms and conditions set forth in the attached Request for
Proposal.
The undersigned further states that this proposal is made in good faith and is not founded on, or
in consequence of, any collusion, agreement or understanding between themselves or any
other interest party.
NAME OF PERSON OR ENTITY
SUBMITTING PROPOSAL: ______________________________________________________
SIGNATURE OF AUTHORIZED
REPRESENTATIVE: ___________________________________________________________
NAME OF AUTHORIZED
REPRESENTATIVE: ___________________________________________________________
(Please Print)
TITLE OF AUTHORIZED
REPRESENTATIVE: ___________________________________________________________
ADDRESS (office & P.O. Box): ___________________________________________________
__________________________________________________
PHONE: ________________________________ FAX: _______________________________
IS YOUR COMPANY A SMALL, MINORITY DISADVANTAGED OR WOMAN OWNER
COMPANY?_________, IF YES, PLEASE EXPLAIN:__________________________________
Page 1 of 21
County of Pueblo
State of Colorado
REQUEST FOR PROPOSAL
TABLE OF CONTENTS
RFP No.: 11-08
RFP Name: Community Energy Coordinator Consultant Services
PAGE
PROPOSAL RESPONSE COVER SHEET ......................................................................... 1
TABLE OF CONTENTS ....................................................................................................... 2
ADVERTISEMENT FOR REQUEST FOR PROPOSAL ....................................................... 3
TERMS/DEFINITIONS ......................................................................................................... 4
OBJECTIVES ...................................................................................................................... 4
SCOPE OF SERVICE ......................................................................................................... 4
SUMMARY OF CURRENT STATUS OF STATEMENT OF WORK PER GRANT
AGREEEMENT .................................................................................................................... 5
STATEMENT OF INTEREST SECTION .............................................................................. 5
WORK PLAN SECTION....................................................................................................... 6
OPTIONAL SECTION .......................................................................................................... 7
COMMENDATION SECTION .............................................................................................. 7
NOTES ................................................................................................................................ 7
FEES ................................................................................................................................... 7
LICENSES ........................................................................................................................... 7
BACKGROUND/OBJECTIVE............................................................................................... 8
KEY TARGET DATES ......................................................................................................... 8
VENDOR QUALIFICATIONS ............................................................................................... 9
EVALUATION AND CONTRACTOR AWARD ...................................................................... 9
EVALUATION CRITERIA ..................................................................................................... 9
PREPARATION OF PROPOSALS....................................................................................... 9
OMISSIONS ........................................................................................................................ 10
DEBARMENT ...................................................................................................................... 10
EQUAL OPPORTUNITY ...................................................................................................... 10
COST OF DEVELOPING PROPOSALS .............................................................................. 10
PROPOSAL OWNERSHIP .................................................................................................. 10
ADDITIONAL GENERAL INFORMATION ............................................................................ 10
PROPOSAL TERMS AND CONDITIONS ............................................................................ 11
WRITTEN AGREEMENT ..................................................................................................... 11
REQUIRED CONTRACT TERMS AND CONDITIONS ........................................................ 12
TERMINATION OF CONTRACT .......................................................................................... 12
INSURANCE ........................................................................................................................ 12
INDEMNIFICATION ............................................................................................................. 13
INDEPENDENT CONTRACTOR ......................................................................................... 13
PROHIBITIONS ON PUBLIC CONTRATS FOR SERVICE REGARDING............................ 13
EMPLOYMENT OF ILLEGAL ALIENS
EXHIBIT A ........................................................................................................................... 15
Page 2 of 21
REQUEST FOR PROPOSALS
Community Energy Coordinator Consultant Services
Request for Proposal No. 11-08
Pueblo County is requesting Proposals from qualified firms to provide Community Energy Coordinator
Consultant Services and related services for the following:
Perform the duties of Community Energy Coordinator and to provide related services including the
preparation of a strategic sustainability or energy plan (STRATEGY) and an associated Action Plan to
implement the STRATEGY. Individual or firm will also work and coordinate extensively with the
Governor’s Energy Office (GEO) in assisting Pueblo County in meeting its commitments under the terms
of an existing grant agreement between GEO and Pueblo County.
Proposals will be accepted until 2:00 p.m. MDT (our clock), March 30, 2011.
All items contained in the RFP are applicable in preparing proposals for the materials/services covered by
this proposal.
Proposals shall be delivered in a sealed envelope/container, clearly marked “Request for Proposal # 11-
08, Community Energy Coordinator Consultant Services”, and addressed to:
Nick Vunovich, Purchasing Director
215 West 10th Street, Room 148
Pueblo, CO 81003
To be eligible to submit a proposal, all proposal documents, plans, addendums, etc. must be
obtained from the office of the Director of Purchasing, 215 W. 10th Street, Room 148, Pueblo,
Colorado 81003, between of hours of 7:30 a.m. – 12:00 p.m. & 1:00 p.m. – 3:30 p.m., Monday –
Friday (excluding holidays) or by contacting the Purchasing Department via E-mail at
crain@co.pueblo.co.us.
Only sealed proposals properly received by the Purchasing Department will be accepted. No proposals
which are received after the time and date stated above will be considered, and any proposals so received
after the scheduled closing time and date mentioned above shall be returned to the submitting firm
unopened. Bids submitted by telephone, telegram, fax, E-mail or other means of telecommunications will
not be accepted. Hand carried proposals must be delivered to the office of the Director of Purchasing at
the street address shown above.
Pueblo County will award the contract to the firm based on the evaluation criteria contained in the request
for proposal.
The County of Pueblo reserves the right to accept or reject any or all proposals, to waive informalities and
to reserve any request for proposals. The County also reserves the right to award the contract as it deems
will best serve its interests.
Pueblo County is an Equal Opportunity Employer. Minority, small, disadvantaged & women enterprises
are encouraged to submit proposals.
Published: March 04, 2011 _____________________________
Nick Vunovich, Purchasing Director
Pueblo County
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PROPOSAL RESPONSE REQUIREMENTS
RFP No.: 11-08
RFP Name: Community Energy Coordinator Consultant Services
TERMS/DEFINITIONS
The following terms will apply to this RFP and to any subsequent contract. Submission of a
proposal in response to this RFP indicates acceptance of all the following terms:
a. “Contract” means the written agreement resulting from this Request for Proposal executed by
the County and the Contractor;
b. “Contractor” means the successful Proposer to this Request for Proposal who enters into a
written Contract with the County;
c. “County” means County of Pueblo;
d. “Public Works” means Pueblo County Department of Engineering and Public Works;
e. “must”, or “mandatory” means a requirement that must be met in order for a proposal to receive
consideration;
f. “Firm”, “Proposer”, “Provider”, “Vendor”, “Offeror”, “Contractor”, “Consultant” or “Bidder”
means an individual or a company that submits, or intends to submit, a proposal in response to
this “Request for Proposal”;
g. “should” or “desirable” means a requirement having a significant degree of importance to the
objectives of the Request for Proposal;
OBJECTIVES
The County of Pueblo seeks a qualified individual or firm to perform the duties of Community Energy
Coordinator and to provide related services including the preparation of a strategic sustainability or
energy plan (STRATEGY) and an associated Action Plan to implement the STRATEGY. The individual
or firm will also work and coordinate extensively with the Governor’s Energy Office (GEO) in assisting
Pueblo County in meeting its commitments under the terms of an existing grant agreement between GEO
and Pueblo County.
SCOPE OF SERVICES
The Scope of Services shall include but is not limited to the following:
The selected individual or firm will be the designated Community Energy Coordinator, and as such
perform the duties and services as identified in the Statement of Work contained within the grant
agreement between GEO and Pueblo County. A copy of that Statement of Work is attached as
Exhibit A.
Coordinate, schedule, and complete the Work with the County via the Department of Engineering
and Public Works.
Provide updates to the Board of County Commissioners as needed at public work sessions and/or
meetings.
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SUMMARY OF CURRENT STATUS OF “STATEMENT OF WORK” PER GRANT
AGREEMENT
Community Advisory Board established and meetings held – last meeting in August 2010.
Sub-groups of the Community Advisory Board have been formed. The Community Advisory
Board has met and provided some preliminary input regarding community needs and goals.
Notes for these meeting will be provided to the successful proposer.
A Preliminary Assessment of Demand has not been formalized nor submitted.
STATEMENT OF INTEREST SECTION Page limit – five (5) pages text (8 ½ x 11)
The following is a general description to aid you in preparing the statement of interest/work plan. The
general outline and content should be followed, however, the discussion of the specific elements should
be determined by your interpretation of the specific project. The items listed below the factor headings are
in addition to elements listed on the consultant evaluation sheet and presented to help you determine the
discussion content. The Committee will evaluate your interpretation of the most important factors for this
project within the page limits to arrive at its rating of your proposal.
A. PROJECT TEAM
Identify the Project Principal, the Project Manager, key staff and sub-consultants. Present a brief
discussion regarding how the team's qualifications and experience relate to the specific project.
Consider the following:
Principal level of involvement in the project
Qualifications and relevant individual experience
Commitment of time and availability of key staff members
Length of time with the firm for each key team member
Unique knowledge of key team members related to the project
Experience on similar projects as a team
Qualification and relevant Sub-consultant experience
Understanding and experience with GEO requirements, programs and procedures
B. FIRM CAPABILITY
Identify proposer’s firm size and the discipline(s) of technical staff. Include the firms’ relevant
experience and/or accomplishments as a Prime Consultant that were not listed in the Project Team
section. Indicate consultant’s availability to do the project concurrent with existing and projected work
load.
Consider the following:
Graphs depicting firms capacity to do the project
Information on the sub-consultant's role, if any
The sub-consultants function/integration into the team
Match of personnel to the existing and future work load
C. PAST PERFORMANCE ON SIMILAR PROJECTS/SIMILAR TEAMS
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Demonstrate proposer’s ability to control costs, meet schedule and provide quality work. List the Project
Name, Project Manager's name (and telephone number) for each cited project.
Current and past projects (completed within the past three years) with Pueblo County, if any.
Similar projects which are on-going or completed within the past three years for other agencies
Your firm’s role on current, past or similar projects as a prime or sub-consultant
You may include letters of commendation received in the last three years, if available, in the
Commendation Section. These letters should be pertinent to the project and of reasonable length. These
letters will not count against your page limit.
D. WORK LOCATION
Describe where the key work elements of this project will be done (by the Prime and the Sub-
consultants). Consider the following:
Team’s work location relative to Pueblo County.
Accessibility of the project team for coordination with the County Project Manager and accessibility
to the Community Advisory Board and general public.
Firm's familiarity with the area and local practices
Knowledge of the local labor and material market
WORK PLAN SECTION Page limit - five (5) pages text (8 ½ x 11)
A. PROJECT GOAL
Indicate the following:
Your firm’s understanding of the project goal(s).
A list of deliverables required on the project
B. PROJECT CONTROL
List the name(s) of responsible person(s) and describe how you plan to accomplish the following:
1. Cost Control:
Controlling the consultant contract costs
2. Quality Control:
Insuring that GEO procedures are followed where appropriate
Insuring that plans, reports, and correspondence are free of errors and meet GEO, County
and other agency (as appropriate) standards
3. Schedule
Managing the required work to meet the established schedule
A detailed work hour schedule should NOT be included
B. PROJECT CONCEPT
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This is a brief description of your basic course of action required to achieve the project goal(s) and/or
objective(s)
Consider the following:
Have you formulated a successful approach to the project?
Where appropriate, are possible design alternates suggested?
Where appropriate, have you exhibited a sensitivity to the general public concerns?
Have you demonstrated a clear and concise understanding of the project based on the data which
has been provided?
OPTIONAL SECTION Page limit – 5 (five) pages normally (8 ½ x 11),
However up to 3 of the 5 pages can be 11 x 17
This section provides the consultant with the opportunity to submit additional data/information. Graphs,
charts, photographs, brochures, etc., may be included. If the consultant chooses, up to three pages can be
size 11 inches x 17 inches, but must be folded to size 8.5 inches x 11 inches.
COMMENDATION SECTION No page limit
Attach the following in this section:
Letters of commendation or awards for previous similar work completed within the last three
years. These letters should be of reasonable length and pertinent to the project.
NOTES
All prospective Proposers are expected to respond to this solicitation by addressing the
requirements of these specifications especially where they require specific offeror input.
Sufficient copies of descriptive literature must also be submitted to enable an intelligent
comparison of the specification of the system proposed to the requirements stated herein.
FEES
Each Proposer must outline the fees for services from the commencement of the agreement through
delivery of the STRATEGY and Action Plan as outlined within the Scope of Services Section.
Additional services related to the implementation, administration, etc. will be subject to a contract
modification and negotiation with the successful proposer after completion of the STRATEGY and
Action Plan. Term shall be for one year with the option to renew for four (4) one-year renewal
periods as deemed necessary by Pueblo County. All benefits plans are net of commissions. Fee
based only.
LICENSES
A. The Vendor must have in its possession all applicable licenses and permits, must file all
documents required by law and must request any required inspections in a timely manner as
may be required by all authorities. The Vendor must cooperate with all government agencies
and must comply with all laws, ordinances, resolutions, rules and regulations including, but
not limited to, site assessment requirements.
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B. The Vendor may be required to submit copies of all licenses, permits and insurance
certificates to the County upon request.
C. The Vendor shall take all reasonable precautions in the performance of the work to protect
from all hazards to life and property, and shall comply with all applicable health, safety and
fire protection regulations and requirements.
BACKGROUND/OBJECTIVE
The County of Pueblo plans to contract for Community Energy Coordinator Consultant Services.
The County is requesting proposals that will provide the following information:
Primary: Propose Community Energy Coordinator Consultant Services that meets the
requirements as specified in this Request for Proposal and in Grant Agreement between
Pueblo County and the GEO.
The County may conduct such investigations, as the County considers necessary to assist in the
evaluation of any proposal to establish the responsibility, qualifications and financial ability of any
potential vendor to perform the services specified under this RFP within the prescribed time.
The evaluation criteria noted in “Evaluation” section of RFP are the criteria to be used for
evaluation of this RFP. Based on the evaluation process, a rank ordered list of responsive vendors
shall be established. The vendors shall be rank ordered with the first ranked vendor being
considered the most responsive and the second ranked vendor being considered the second most
responsive. This process shall be continued until all vendors have been rank ordered.
The County shall then determine whether the vendor’s proposal with the highest ranking can be
accepted as is without negotiations. In the event the County determines that negotiation of the
vendors proposal is necessary, the vendor shall be notified and the negotiation process will begin.
Should the County be unable to negotiate an acceptable contract with highest ranked vendor, then
the process described in this paragraph will begin with the second highest ranked vendor. This
process shall continue until a satisfactory contract is negotiated or until all negotiations with
qualified ranked vendors is exhausted. The County shall be the sole judge in determining, either
prior to or after negotiations, when a proposal is deemed acceptable. Further, the County shall be
the sole judge in determining when negotiations are to be concluded.
All Proposals will be recorded (name of Proposer only) by the Director of Purchasing then sent to
the Pueblo County Department of Engineering & Public Works for evaluation. Finalist selection
will be determined by points awarded according to criteria stated in “Evaluation Criteria” section of
this RFP. Award will be by means of a written or verbal Notice of Award to the selected offeror.
The decision of the Pueblo County Department of Engineering & Public Works shall be final and
conclusive, subject to the approval by the Board of County Commissioners.
KEY TARGET DATES
Listed below are the key target dates associated with the project described in this
RFP:
March 4, 2011 Issue Date of RFP
March 4 – March 16, 2011 by Question Period
3:00 p.m. MDT
March 21, 2011 Questions received by the County
during the question period will be
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mailed to all respondents, along
with the County’s answers
March 30, 2011 by 2:00 p.m. MDT RFP Due Date and Time
March 30 – April 4, 2011 Negotiations, if necessary, and
Vendor Selection (Tentative)
April 5, 2011 Tentative Contract Award Date
VENDOR QUALIFICATIONS
Proposals will be considered only from vendors who have experienced personnel and necessary
equipment to provide the required services. The County may request information substantiating the
requirements. Failure to provide this information may result in a vendor’s proposal being declared
non-responsive.
EVALUATION AND CONTRACT AWARD
Offerors must complete and return the entire Request for Proposal packet. No more than six
finalists will be selected. The County shall evaluate and select an offeror to provide the required
services based on the completed proposal responses. The County shall be the sole judge in
determining how the evaluation process shall be conducted and what vendor shall be considered for
award as deemed to be in the best interest of the County.
EVALUATION CRITERIA
The County will analyze information provided by all Proposers. Criteria considered by the County
in ranking the proposed Community Energy Coordinator Services will be as follows:
Project Team 10 points
Firm Capability 10 points
Past Performance on Similar Projects 15 points
Work Location 20 points
Project Goal 20 points
Project Control 10 points
Project Concept 25 points
Optional Section 10 points
Commendation Section 10 points
Fees 20 points
Total 150 points
PREPARATION OF PROPOSALS
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The proposal must be signed by a company representative authorized to bind the offeror
contractually. Failure to read the Request for Proposal and these instructions will be at the offeror’s
own risk. Corrections and/or modifications received after the closing time specified will not be
accepted.
All information submitted in response to this request for proposal (RFP) is public after the contract
has been executed with the successful bidder. If bidder includes as part of the response to the RFP
any information that the bidder believes to be a trade secret or other privileged or confidential data,
the bidder must supply under separate cover and identify as confidential. Statements that the entire
proposal is confidential will not be honored. Pueblo County will endeavor to keep that information
confidential, separate and apart from the proposal subject to the provisions of the Colorado Open
Records Act or order of court.
OMISSIONS
Should the County omit information from this Request for Proposal that is necessary for a clear
understanding of the work, or should it appear that various instructions are in conflict, then the
offeror shall secure written instructions from the Purchasing Department at least seventy-two (72)
hours prior to the time and date of the proposal opening.
DEBARMENT
By submitting this proposal, the offeror certifies that neither the company nor its principals is
presently debarred, suspended, in the process of debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any federal department or agency.
EQUAL OPPORTUNITY
The County of Pueblo adheres to a policy of equal opportunity and non-discrimination and will
ensure that all bidders will be treated fairly and equitably throughout the bidding process, including
the advertisement, evaluation and selection stages.
COST OF DEVELOPING PROPOSALS
All costs related to the preparation of the proposals and any related activities are the sole
responsibility of the offeror. The County assumes no liability for any costs incurred by offerors
throughout the entire selection process.
PROPOSAL OWNERSHIP
All proposals, including attachments, supplementary materials, addenda, etc. shall become the
property of the County and will not be returned to the offeror.
ADDITIONAL GENERAL INFORMATION
For additional information or clarification concerning the services specified in this Request for
Proposal, interest parties must submit their questions or comments, in writing, to the Director of
Purchasing, 215 West 10th Street, Room 148, Pueblo, CO 81003, via fax (719) 583-4900 or e-mail
to pcpurch@co.pueblo.co.us. Questions will be answered in writing and sent to all firms who
received the RFP in accordance with the dates designated in the “KEY TARGET DATES” section
of this RFP.
For information concerning Request for Proposal procedures and regulations (i.e., submission
deadline, forms required, etc.), interested parties may contact Nick Vunovich, Director of
Page 10 of 21
Purchasing at (719) 583-6095. It is understood that any/all changes or revisions to our published
specifications will be through written addendum.
Four (4) bound copies of the proposal shall be submitted by each bidder. Proposals shall be
delivered no later than the time specified in “Request for Proposal” section.
Proposals shall be type written or printed in ink.
Contact person(s) for this Request will be Nick Vunovich, Director of Purchasing, at (719) 583-
6095.
After reviewing all Proposals received, Pueblo County may contract for Community Energy
Coordinator Consultant Services.
Any interpretation, correction or change of the bid documents shall be made by addendum to
bidders of record as recorded by the Pueblo County Purchasing Department. Interpretation,
corrections or changes of the bid documents made in any other manner shall not be binding, and
bidders shall not rely upon such interpretations, corrections or changes.
Exceptions to any part of the requirements stated in this request must be clearly identified as
exceptions. Alternatives should be stated at that point in the response.
PROPOSAL TERMS AND CONDITIONS
Late Proposals will not be accepted or considered. It is the responsibility of the proposer to ensure
that his/her Proposal is properly delivered to the required authority at the time and place designated
in this Request for Proposal.
Issuance of this RFP does not constitute a commitment by Pueblo County to award a
contract. Pueblo County reserves the right to reject any or all Proposals received in response
to this RFP, to waive minor irregularities and informalities in Proposals received, or to cancel
this RFP if it is in the best interest of Pueblo County to do so.
The proposal will be evaluated by Pueblo County in conjunction with a review committee.
The Proposer may not withdraw his/her Proposal for a period of sixty (60) days subsequent to the
opening of Proposals without the consent of the Board of County Commissioners of Pueblo County
or its duly authorized representative.
Pueblo County is exempt from federal tax, Colorado sales tax (State sales tax exempt no. 98-05007)
and City of Pueblo sales tax (City sales tax exempt no. 5013).
Provider shall be responsible for complying with all applicable law in the provisions of services
hereunder and for maintaining the confidentiality of all financial and personal information, as
required by all applicable laws, resulting from the services provided by the provider under this RFP.
If an Agreement is entered into, the parties understand that the Agreement is subject to the annual
appropriation of funds for its continuance by the County and upon failure of the County to
appropriate funds for Agreement, Agreement shall be automatically terminated without liability for
termination to the County.
WRITTEN AGREEMENT
The selected offeror shall be required to enter into a written agreement with the County.
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Signature on the Proposal Cover Sheet shall serve as an acknowledgement that the offeror is willing
to enter into an agreement with the County of Pueblo with some of the key terms and conditions as
specified below, if their proposal is accepted.
REQUIRED CONTRACT TERMS AND CONDITIONS
TERMINATION OF CONTRACT
A) An initial Agreement with Vendor would commence upon signing, and unless sooner
terminated as provided herein, would terminate on December 31, 2011, and thereafter,
could be renewed for a successive one-year period not to exceed two (2) renewals, provided
any such renewal were made by separate written agreement signed by the parties. Any
such renewal shall be made subject to the availability of appropriated funds within the
annual budget of the Pueblo County Department of Engineering & Public Works for the
County fiscal year corresponding with such renewal dates. The County reserves the right to
extend the contract beyond the one renewal if it is deemed to be in the best interest of the
County.
B) The County shall have the right to terminate the Agreement at any time, for any reason,
upon thirty (30) days written notice to the Vendor.
C) If through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under the Agreement, or if the Contractor shall violate any of the covenants,
agreements or stipulations of the Agreement, the County shall thereupon have the right to
terminate the Agreement for cause by giving written notice to the Vendor of such
termination and specifying the effective date thereof, at least five (5) days before the
effective date of such termination.
D) Notwithstanding the provisions of Paragraphs A., B., and C., above, the Vendor shall not be
relieved of liability to the County for any obligations to repay funds advanced under the
Agreement or for any damages sustained by the County by virtue of any breach of the
Agreement by the Vendor, and the County may withhold any payment to the Vendor for
the purpose of setoff until such time as the exact amount of damages due to the County
from the Vendor is determined. In addition, upon receipt of any notice to terminate under
this Paragraph, any unexpected funds allocated or advanced to the Vendor by the
Agreement shall be reverted to the County.
INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the entire period of its
performance hereunder, the following coverage and limits of insurance with companies acceptable
to the County.
1. Worker’s Compensation (including occupational disease), and Employer’s
Liability insurance in accordance with any applicable worker’s compensation laws on all
owners, employees, servants and/or agents connected with or engaged in the performance
of Contractor’s obligations hereunder.
2. Commercial General Liability insurance with personal injury and property
damage limits at a combined single limit of not less than $1,000,000.00 per occurrence
and $1,000,000.00 general aggregate. Said policy(ies) shall include Completed
Operations and/or Product Liability coverage and Contractual Liability coverage for any
liability assumed under the terms of this Agreement and shall name the County as
Additional Insured.
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3. Automobile Liability insurance on all automobiles and vehicles, whether owned
or hired, with personal injury and property damage limits at a combined single limit of
not less than $1,000,000.00 per accident.
4. Professional Liability/Errors and Omissions insurance covering the Contractor
and all personnel employed by the Contractor and providing the services hereunder with
limits at a combined single limit of not less than $1,000,000.00 per occurrence, and
$1,000,000.00 general aggregate.
Coverages enumerated in this insurance provision represent only the minimum insurance required
by the County, and Contractor should rely on its expertise to obtain additional insurance coverage
needed for the County and Contractor in its performance hereunder. The Contractor’s liability
insurance must establish Pueblo County as “additional insured”. If requested by County,
Contractor shall provide County with certificates of insurance indicating Contractor and its
subcontractors are covered by insurance as set forth above and a copy of the “Additional Insured”
endorsement, establishing such additional insured status. Where requested and furnished, such
certificates must be approved by County prior to the commencement of any work hereunder. Each
such certificate shall provide that County shall receive thirty (30) days prior written notice of
cancellation of such insurance coverage.
INDEMNIFICATION
The Contractor agrees to indemnify and to hold the County and its agents harmless from any and all
claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court
costs arising out of damage or injury to persons or property caused or sustained by any person,
persons, or entities as a result of any intentional or negligent act or omission by Contractor or
failure of Contractor to perform this Agreement according to its terms. By requiring this right to
indemnification, the County in no way waives or intends to waive the immunity protections
provided to the County and its employees under the Colorado Governmental Immunity Act, C.R.S.
§ 24-10-101, et seq.
INDEPENDENT CONTRACTOR
The parties understand and agree that Contractor shall, at all times during the term of this
Agreement, be deemed an independent contractor and not an employee of the County, and
shall be responsible for, and obligated to pay, all withholding taxes, social security,
unemployment, worker's compensation, and/or other taxes and shall indemnify and hold the
County harmless from and against any and all claims for the same period. Contractor
acknowledges and agrees that all of its personnel are its employees only, and not employees or
agents of the County for any purpose whatsoever, including for purposes of Worker’s
Compensation.
PROHIBITIONS OF PUBLIC CONTRACTS FOR SERVICES REGARDING EMPLOYEMENT
OF ILLEGAL ALIENS
If Contractor/Consultant has any employees or subcontractors, Contractor/Consultant shall comply
with the provisions of Section 8-17.5-101, C.R.S.., et seq. and this Contract. The Contractor shall
not knowingly employ or contract with an illegal alien to perform work under this contract; or enter
into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to
perform work under this contract.
By execution of this Contract, Contractor/Consultant certifies that it does not knowingly employ or
contract with an illegal alien who will perform work under this Contract and that the
Contractor/Consultant will participate in either the Federal E-Verify Program or the Colorado
Department of Labor & Employment’s “Department Program” as identified in Section 8-17.5-101
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(3.7) and (3.3), C.R.S., in order to confirm the eligibility of all employees who are newly hired for
employment to perform work under this Contract.
A. Contractor/Consultant shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under this
Contract; or
(ii) Enter into a contract with a subcontractor that fails to certify to Contractor/Consultant
that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Contract.
B. Contractor/Consultant has confirmed the employment eligibility of all employees who are
newly hired for employment to perform Work under this Contract through participation in
either the E-Verify Program or Department Program.
C. Contractor/Consultant shall not use either the E-Verify Program or Department Program to
undertake pre-employment screening of job applicants while this Contract is in effect.
D. If Contractor/Consultant obtains actual knowledge that a subcontractor performing work
under this Contract knowingly employs or contracts with an illegal alien,
Contractor/Consultant shall:
(i) Notify the subcontractor and the County within three (3) days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
(ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving
the notice required pursuant to sub-paragraph (i) above, the subcontractor does not
stop employing or contracting with the illegal alien; except that
Contractor/Consultant shall not terminate the contract with the subcontractor if
during such three days, the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
E. Contractor/Consultant shall comply with any reasonable request by the Colorado Department
of Labor and Employment made in the course of an investigation that the Department is
undertaking pursuant to the authority established in Section 8-17.5-102(5), C.R.S.
F. If Contractor/Consultant violates this provision of this Contract, the County may terminate
this contract for breach of contract and the Contractor shall be liable for actual and
consequential damages to the County as required by law.
G. The County will notify the Office of the Secretary of State if Contractor/Consultant violates
this provision of the Contract and the County terminates the Contract for such breach.
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