2025 Lone Tree Evacuation Plan RFP.pdf

Lone Tree Evacuation Plan Page 1

REQUEST FOR PROPOSAL

Lone Tree Evacuation Plan

Solicitation No. EVAC-2025-01

Anticipated RFP Schedule

RFP Advertisement June 26, 2025

Deadline to Submit Questions July 7, 2025 12:00 PM MDT

Response to Questions July 9, 2025 5:00 PM MDT

Proposal Due Date July 16, 2025 3:00 PM MDT

The City of Lone Tree is requesting written proposals from qualified firms for the Lone Tree

Evacuation Plan.

THIS REQUEST FOR PROPOSAL (“RFP”) IS NOT A COMPETITIVE BID BASED ON PRICE

ONLY. The RFP allows the City to select the proposer that best meets the needs of the City, taking into consideration vendor qualifications, price, products, and service capabilities, and other factors relevant to the City’s policies, programs, administrative resources, and budget.

This RFP has been published through the Rocky Mountain E-Purchasing System (Bidnet Direct), which may be accessed at the following website: www.rockymountainbidsystem.com. Any modifications to this RFP or addenda pertaining to this RFP will be published to the Bidnet System, and all proposers are responsible to periodically check the Bidnet System for relevant updates prior to the submittal of a proposal.

Proposals will be accepted electronically only through Rocky Mountain E-Purchasing System, until

3:00 p.m. (MDT), July 16, 2025. Late proposals will not be considered. Proposals submitted by electronic mail, telephone, telegram, or facsimile machines shall not be accepted.

http://www.rockymountainbidsystem.com/

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Selection Process

Proposals will be evaluated by the selection committee based on the evaluation criteria outlined in

Section III, Evaluation Criteria. The weight to be given each evaluation criterion will be as determined by the selection committee. The committee may request additional information from proposers or request interviews with one or more proposers. Interviews may be waived if a direct selection of a firm is made based on the unanimous findings of the committee.

The City and the top ranked firm will then negotiate the details of the final contract, and upon City approval, the contract will be signed, and work may begin. Should the City be unable to reach an agreement with the top-ranked firm, negotiations will commence with the next-ranked firm. This process will continue until a satisfactory contract is negotiated, or the City exercises its right to reject all proposals.

Proposals will be considered only by firms or individuals who are firmly established in an appropriate business, who are financially responsible, and who have the resources and ability to offer services in a professional and expedient manner. The City may request additional information as deemed necessary.

Failure to provide such information may result in the proposal being considered non-responsive.

The City reserves the right to reject any and all proposals, to waive any informalities in the proposals received, and to accept the proposals deemed most advantageous and in the best interests of the City.

No Confidentiality

Please be aware that proposals submitted to the City in response to this RFP shall be subject to the

Colorado Open Records Law, Section 24-72-201, et seq., C.R.S. All information included in the proposal may be subject to public inspection and disclosure under the Colorado Open Records Act and proposers should expect that the proposal may be viewed by the general public and competitors following the deadline for submission. Merely marking information as “confidential”, “proprietary”, or otherwise stating an intent to protect the information from disclosure is not necessarily sufficient to prevent disclosure by law.

Licenses

All insurers of the Contractor must be licensed or approved to do business in the State of Colorado.

Upon failure of the Contractor to furnish, deliver and/or maintain such insurance as provided herein, this Agreement, at the election of the City, may be immediately declared suspended, discontinued, or terminated. Failure of the Contractor in obtaining and/or maintaining any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification.

Addenda to the RFP

The City reserves the right to amend this RFP by an addendum at any time prior to the date set for receipt of proposals. Addenda will be posted on the Rocky Mountain E-Purchasing System web site as soon as available and shall be the responsibility of the firms to obtain all addenda. Firms registered for the paid notification service on the Rocky Mountain E-Purchasing System shall be notified of addenda either by fax or email depending on the service that they have subscribed to. It shall be the responsibility of firms registered for the no charge, no notification service on the Rocky

Mountain E-Purchasing System to monitor the Rocky Mountain E-Purchasing System for any addenda. If revisions are of such magnitude to warrant, in the City’s opinion, the postponement of

Lone Tree Evacuation Plan Page 3 the date for receipt of proposals, an addendum will be issued announcing the new date.

Contract Time

The anticipated term of the contract shall be from the date of award through December 31, 2025;

see Section I for more information.

Questions

Firms seeking clarification of the RFP’s requirements may submit written questions by 12:00 p.m.

(MDT) on July 7, 2025 to:

Arielle Cronin, Senior Management Analyst, Emergency & Risk Manager

Email: arielle.cronin@cityoflonetree.com

Written copies of all questions and answers will be provided to all vendors who have expressed interest and will be added as an addendum to this RFP on Rocky Mountain E-Purchasing System.

CONTACT DURING THE SOLICITATION PROCESS

ANY QUESTIONS, COMMENTS, OR OTHER COMMUNICATIONS SHALL BE DIRECTED TO

THOSE INDIVIDUALS NOTED IN THE SECTION TITLED QUESTIONS ABOVE. NO OTHER

CONTACT SHALL BE MADE REGARDING THIS REQUEST FOR PROPOSAL WITH ANY

OTHER CITY OF LONE TREE STAFF, COUNCIL MEMBERS, AGENTS, CONSULTANTS, ETC.

DURING THE REQUEST FOR PROPOSAL PROCESS.

Firm Acceptance of the RFP

By submitting a proposal in response to this RFP, the firm accepts all the conditions described in this

RFP, including the Agreement for Professional Services, and agrees to abide by all final decisions made by the City.

Attachments: Section I Scope of Services

Section II Proposal Submittal Requirements

Section III Evaluation Criteria

Section IV General and Special Conditions

Section V Sample Professional Services Agreement mailto:arielle.cronin@cityoflonetree.com

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SECTION I

SCOPE OF SERVICES

Purpose and Introduction

The City of Lone Tree, Colorado (hereafter “the City”), is seeking proposals from qualified firms or individuals to develop a comprehensive citywide Lone Tree Evacuation Plan. This plan will provide a scalable and coordinated strategy to guide the City’s response to a range of emergency scenarios requiring full or partial evacuation. The goal is to enhance preparedness, maximize coordination across jurisdictions and departments, and ensure the safe movement and protection of all populations, including those with access and functional needs, within and around Lone Tree.

The awarded consultant will work collaboratively with City departments, South Metro Fire Rescue, Douglas County Office of Emergency Management (OEM), regional partners, and other stakeholders to facilitate planning meetings, conduct research, assess risk and infrastructure, and ultimately produce an actionable and EMAP-aligned Evacuation Plan.

Background

The City of Lone Tree is a rapidly growing suburban community in Douglas County, home to key infrastructure such as I-25, C-470, Park Meadows Mall, the RidgeGate development, and light rail stations. Lone Tree is home to approximately 17,000 residents (projected to increase to approximately 19,000 by end of 2025) and nearly 25,000 daytime visitors. Over the next several decades, the city will add nearly 30,000 new residents and 50,000 new employment opportunities.

These features pose both logistical challenges and strategic opportunities in emergency response.

While the City has existing emergency response protocols, a dedicated, full-scope Evacuation Plan is necessary to address emerging risks such as:

• Wildfire and urban interface threats,

• Active shooter or mass casualty incidents,

• Severe weather and flooding,

• Hazardous materials release (especially near major roadways or rail lines),

• Infrastructure failure or long-duration power outages.

This plan will establish clearly defined zones, responsibilities, and procedures for the City and partner agencies during evacuation and re-entry operations.

Project Description

The City requires a detailed Evacuation Plan that includes, at a minimum:

1. Concept of Operations (ConOps):

• Public alerts, notifications, and messaging strategies.

• Evacuation route planning and traffic management strategies (including contraflow if appropriate).

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• Integration of light rail, buses, and other multimodal transit options.

• Assembly points, staging areas, and reception centers.

• Shelter-in-place guidelines and decision triggers.

• Strategies for evacuating individuals with access and functional needs.

• Provisions for evacuating and sheltering pets and service animals.

• Special events and situations.

• Reunification procedures and secure re-entry protocols.

2. Roles and Responsibilities:

• Define roles for City departments, emergency responders, public information officers, and external agencies.

• Coordination with Douglas County OEM and surrounding jurisdictions.

3. Operational Protocols:

• Plan activation/deactivation triggers.

• Communication protocols among agencies.

• Resource request and mutual aid procedures.

4. Mapping and GIS Products:

• High-resolution GIS maps showing evacuation zones, critical infrastructure, traffic choke points, and staging/shelter sites.

• Evacuation route visualizations tailored to different threat types and scenarios.

5. Resource Inventory and Gap Assessment:

• Identification of transportation resources (e.g., buses, vans, paratransit).

• Staff availability, equipment, and sheltering capacity.

6. Training and Maintenance:

• Recommended training schedule for City personnel and partners.

• Exercise scenarios to validate the plan.

• Plan maintenance timeline and update responsibilities.

Scope of Services

The selected proposer shall:

• Lead and facilitate planning meetings and workgroups.

• Develop content and materials for stakeholder review.

• Draft and revise the evacuation plan through an iterative process.

• Produce GIS-based evacuation maps and provide digital files for City use.

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• Prepare and deliver a final, EMAP-aligned evacuation plan along with an executive summary.

Workgroups may include (but are not limited to):

• Traffic Management and Transportation Coordination

• Access and Functional Needs Planning

• Public Messaging and Notifications

• Animal Services and Pet Evacuation

• Public Health and Shelter Coordination

• Public Safety and Security

• Family Reunification and Recovery Planning

Project Timeline and Budget

• Estimated Budget Range: $30,000-$35,0000

• Funding Source: City funds

• Expected Term: approximately July 2025 through December 31, 2025*

*Preferred Timeline: the City of Lone Tree prefers the final Evacuation Plan and all associated elements outlined in the Scope of Services (Section I) be completed by December 31, 2025, in alignment with internal budgetary planning. However, the City recognizes that certain components of the Plan may require additional time to ensure quality and completeness. As such, the project timeline may be adjusted in coordination with the selected firm, pending mutual agreement and justification for any proposed extension. City and partner representatives will remain actively engaged and will provide timely support to facilitate successful development of the Plan.

END SECTION I

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SECTION II

PROPOSAL SUBMITTAL REQUIREMENTS

The proposal must provide a summary of the firm’s qualifications to perform the duties outlined in the Scope of Work. Please submit the following information in the order listed below:

1. Cover Letter – This should present the consultant’s understanding of the City’s goals and expectations, as indicated through the requirements in this RFP, and the methodology that will be used. It should include the names of the professional team, and the name, address, email, and phone numbers of the person(s) to contact about the proposal.

2. Proposal Summary – Provide an overview of the task area descriptions, and anticipated project schedule and work plan.

3. Qualifications and Experience – All Proposers must submit written evidence of their qualifications and related work experience to perform the work requested in this RFP.

Proposers may be required to submit evidence that they have practical knowledge of the particular work required. In determining the Proposer's qualifications, the following factors will be considered:

a. Work previously completed by the Proposer, to include:

i. detailed information on each team member's experience with the type of evacuation planning work requested.

ii. resumes of key personnel that will be involved in the project and availability of local staff.

b. Whether the Proposer has any pending claims against their business

c. All necessary resources needed to successfully execute the work for this Project

4. Customer Reference – Provide three (3) client references of recent and relevant project experience. Provide the designated person’s name, title, organization, address, telephone number, and a description of the services that were completed for that client.

5. Fee Schedule and Cost Proposal – Total fee shall include all costs and expenses. Include any additional or optional services deemed appropriate for City consideration. The cost schedule should address all requirements set forth in Section I as well as any other items pertinent to your proposal pricing. The requirements have been developed to allow the City to uniformly evaluate prices submitted for the work.

To facilitate the evaluation, Proposers shall submit and organize all responses in the same order as listed in ‘Proposal Submittal Requirements’ section. Proposals determined to be at a variance with this requirement may not be accepted.

Due to the complexity of work required, selection of a firm will not be based solely upon the lowest responsible bid but will also account for experience gained from work on similar projects and an understanding of the project goals and approach to the project.

END SECTION II

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SECTION III

EVALUATION CRITERIA

Proposals will be evaluated on the criteria listed below. The selection committee will review each firm’s approach to ascertain their understanding of the project and issues to ensure that a proper effort will be devoted to the project, and to entertain the firm’s special perspective on approach, techniques, and work efforts.

1. Background/Approach to Project

2. Work Experience and Capability

3. Cost/Staffing Proposal

4. Schedule of Service

5. Responsiveness and Completeness of Proposal

END SECTION III

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SECTION IV

GENERAL AND SPECIAL CONDITIONS

4.1 Included in this package is a sample of the standard “Agreement for Professional Services” used by the City. Firms are requested to review this document and comment on any areas of objections and include in their proposals.

4.2 Proposals may not be withdrawn after the date and hour set for closing. Failure to enter contract or honor the purchase order will be cause for removal of supplier's name from the Vendor's List for a period of twelve months from the date of this opening.

4.3 The City assumes no responsibility for late deliveries of mail on behalf of the United States Post Office or other mail services.

4.4 The City assumes no responsibility for quotations being either opened early or improperly routed if the envelope is not clearly marked on the outside: City of Lone Tree Evacuation Plan.

4.5 In the event of a situation severe enough to cause the City of Lone Tree City Council to close the City of Lone Tree offices for any reason, the Project Manager has the prerogative of rescheduling the proposal opening time and date. No proposal will be considered above all other proposals by having met the proposal opening time and date requirements to the exclusion of those who were unable to present their proposal due to a situation severe enough to cause City Council to close the City Offices.

4.6 Proposals must be furnished in the format described in this RFP. Failure to submit a proposal in the format provided may be cause for rejection of the proposal.

4.7 No award will be made to any person, firm or corporation that is in arrears upon any obligation to the

City.

4.8 If submitting a joint venture proposal or a proposal involving a partnership arrangement, articles of partnership stating each partner’s responsibilities shall be furnished and submitted with the proposal.

4.9 The City reserves the right to waive any irregularities or informalities, and the right to accept or reject any and all proposals, including but not limited to any proposal which does not meet bonding requirements, or proposals which do not furnish the quality, or offer the availability of materials, equipment or services as required by the specifications, description or scope of services, or proposals from offerors who lack experience or financial responsibility, or proposals which are not made to form. The City reserves the right not to award proposals to the lowest and most responsive and responsible offeror and may require new proposals.

4.10 The City Council may rescind the award of any proposal within one week thereof or at its next regularly scheduled meeting; whichever is later, when the public interest will be served thereby.

4.11 The City of Lone Tree is an Equal Opportunity Employer.

4.12 The successful firm is an independent contractor. THE INDEPENDENT CONTRACTOR IS NOT

ENTITLED TO WORKERS’ COMPENSATION BENEFITS. AN INDEPENDENT

CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY

MONIES EARNED PURSUANT TO THE CONTRACT RELATIONSHIP. ADDITIONALLY,

IT IS UNDERSTOOD THAT THE INDEPENDENT CONTRACTOR IS NOT ENTITLED TO

UNEMPLOYMENT INSURANCE BENEFITS UNLESS UNEMPLOYMENT

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COMPENSATION COVERAGE IS PROVIDED BY THE INDEPENDENT CONTRACTOR

OR SOME ENTITY OTHER THAN THE CITY OF LONE TREE, COLORADO.

4.13 The City is exempt from sales and use tax. Certification of tax exemption will be issued upon request.

4.14 The City is not liable for any costs incurred by any firm associated with the preparation of a proposal, the negotiation of a contract, or for services prior to the award of the Agreement.

An evaluation team will review the submitted proposals. Opening of proposals will be done by the City’s selection committee and firms will not be invited to attend the proposal opening.

The City reserves the right to: (a) reject any or all proposals, or to make no award; (b) require modifications to initial proposals; (c) negotiate or (d) make partial or multiple awards. The City further reserves the right to excuse technical defects in a proposal when, in its sole discretion, such excuse is beneficial to the City.

The City may award based on initial proposals received, without discussion of such proposals. If requested by the City, firms on the short list will be invited to make oral presentations to the evaluation team and/or other city personnel as deemed appropriate.

If the City chooses to interview firms, a list of topics requiring oral responses may be provided by the

City’s selection committee prior to any scheduled interview date. At the City’s election and option, interviews may be limited and offered only to a single classification of firms, such as semi-finalists or finalists.

Amendments to the Request for Proposal

The City reserves the right to amend this Request for Proposal by an addendum at any time prior to the date set for receipt of proposals. Addenda or amendments to this RFP will be available on www.rockymountainbidsystem.com. If, in the City’s opinion, revisions are of such a magnitude to warrant the postponement of the date for receipt of proposals, communication will be provided providing the new date.

Terms and conditions of the Request for Proposals shall be incorporated into a Professional Services

Agreement in a form deemed suitable to the City. No other documents, agreements, contracts, or addenda will be a part of this proposal and/or award, with the exception of exhibits to describe the services and the method of compensation. Firms and individuals submitting proposals are strongly encouraged to include in their proposal a detailed scope of services and clear explanation of the method of compensation in a form that can be easily incorporated without significant modification into the Professional Services

Agreement.

Proposals will be considered only from firms who are firmly established in an appropriate business, who are financially responsible, and who have the resources and ability to offer services in a professional and expedient manner. The City may request additional information as deemed necessary. Failure to provide such information may result in the proposal being considered non-responsive.

END SECTION IV

http://www.rockymountainbidsystem.com/

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SECTION V

SAMPLE AGREEMENT

City of Lone Tree, Colorado

AGREEMENT FOR PROFESSIONAL SERVICES

Project/Services Name: _____________________________________________

THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into by and between the City of Lone Tree, a home rule municipality of the State of

Colorado, with offices at 9220 Kimmer Drive, Ste 100, Lone Tree, Colorado 80124 (the “City”), and ___________________________, a ________________________ with offices at

________________________________ (“Contractor”) (each individually a “Party” and collectively the “Parties”).

RECITALS

WHEREAS, the City requires the purchase and installation of certain equipment and materials as more fully described in Exhibit A; and

WHEREAS, Contractor represents that it has the requisite expertise and experience to perform the professional services; and

WHEREAS, the City desires to contract with the Contractor subject to the terms of this

Agreement.

NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

I. SCOPE OF SERVICES

A. Services. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference (the “Services” or “Scope of Services”). The Parties recognize and acknowledge that, although the City has requested certain general services to be performed or certain work product to be produced, the Contractor has offered to the City the process, procedures, terms, and conditions under which the Contractor plans and proposes to achieve or produce the services and/or work product(s) and the City, through this Agreement, has accepted such process, procedures, terms, and conditions as binding on the

Parties.

B. Equipment. Contractor shall supply and convey to the City title for the [specify nature of equipment] and all related materials and equipment as specified in Exhibit A (“Equipment”). Contractor represents and agrees all of the Equipment meets the appropriate standards and specifications as set forth in Exhibit A and that the City’s purchase of the Equipment shall have the warranty terms set forth in Section

IV hereof. Contractor shall not substitute any specified Equipment without prior written approval of the

City.

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C. Changes to Services or Equipment. A change in the Scope of Services or Equipment shall not be effective unless authorized through a written amendment to this Agreement signed by both Parties. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum meruit or implied contract. Except as expressly provided herein or as otherwise provided in writing by the City, no agent, employee, or representative of the City is authorized to modify any term of this Agreement.

D. Duty to Inform. The Contractor shall perform the Services in accordance with this

Agreement and shall promptly inform the City concerning ambiguities and uncertainties related to the Contractor’s performance that are not addressed by the Agreement.

E. Time of Performance. The Contractor shall perform all Services in accordance with this Agreement commencing on the Effective Date, as set forth in Section II of this Agreement, until such Services are terminated or suspended in accordance with this Agreement. The

Contractor shall not temporarily delay, postpone, or suspend the performance of the Services without the written consent of the City Council, City Manager, or a person expressly authorized in writing to direct the Contractor’s services. Contractor agrees that failure to complete any of the

Services during the term of this Agreement, or as may be more specifically set forth in Exhibit A, shall be deemed a breach of hereof.

II. TERM AND TERMINATION

A. Term. This Agreement shall commence on the date of mutual execution of the Parties (the

“Effective Date”) and shall continue until ____________________ or until terminated as provided herein

(“Termination Date”). The Parties may mutually agree in writing to extend the term of this Agreement, subject to annual appropriation.

B. City Unilateral Termination. This Agreement may be terminated by the City for any or no reason upon written notice delivered to the Contractor at least ten (10) days prior to termination. In the event of the City’s exercise of the right of unilateral termination as provided by this paragraph:

1. Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after Contractor’s receipt of a notice of termination; and

2. The Contractor shall deliver all finished or unfinished documents, equipment, materials, data, studies and reports prepared or acquired by the Contractor pursuant to this Agreement to the City and such documents, data, equipment, materials, studies, and reports shall become the property of the City; and

3. The Contractor shall submit to the City a final accounting and final invoice of charges for all outstanding and unpaid Services and reimbursable expenses performed prior to the Contractor’s receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by Section II.B of this Agreement. The Contractor shall deliver such final accounting and final invoice to the City within thirty (30) days of the date of termination; thereafter, the City shall not accept and Contractor shall not submit any other invoice, bill, or other form of statement of charges owing to the

Contractor.

C. Termination for Non-Performance. Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated

Lone Tree Evacuation Plan Page 5 by the performing party if the performing party first provides written notice to the non-performing party.

Such notice shall specify the non-performance, provide a demand to cure the non-performance and reasonable time to cure the non-performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non-performance. For purpose of this Section II.C, “reasonable time” shall not be less than five (5) business days. In the event of a failure to timely cure a non-performance and upon the date of the resulting termination for non-performance, the Contractor shall prepare a final accounting and final invoice of charges for all performed but unpaid Services and any reimbursable expenses authorized by this Agreement. Such final accounting and final invoice shall be delivered to the

City within fifteen (15) days of the Termination Date contained in the written notice. Thereafter, the City shall not accept and Contractor shall not submit any other invoice, bill, or other form of statement of charges owing to the Contractor. Provided that notice of non-performance is provided in accordance with this

Section II.C, nothing in this Section II.C shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party.

D. Suspension of Services. The City may suspend the Contractor’s performance of the Services at the City’s discretion and for any reason by delivery of written notice of suspension to the Contractor which notice shall state a specific date of suspension. Upon Contractor’s receipt of such notice of suspension from the City, the Contractor shall immediately cease performance of the Services on the date of suspension except: (1) as may be specifically authorized by the notice of suspension (e.g., to secure the work area from damage due to weather or to complete a specific report or study); or (2) for the submission of an invoice for Services performed prior to the date of suspension in accordance with this Agreement.

Contractor shall not re-commence performance of the Services until it receives written notice of re-commencement from the City.

E. Delivery of Notices. Any notice permitted by this Section II and its subsections shall be addressed to the City Representative or the Contractor Representative at the address set forth in Section

XIII.D of this Agreement or such other address as either Party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty-eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested.

III. REPRESENTATIVES AND SUPERVISION

A. City Representative. The City representative responsible for oversight of this

Agreement and the Contractor’s performance of Services hereunder shall be the City Manager or his or her designee (“City Representative”). The City Representative shall act as the City’s primary point of contact with the Contractor.

B. Contractor Representative. The Contractor representative under this Agreement shall be ___[insert name and title]_____ (“Contractor Representative”). The Contractor

Representative shall act as the Contractor’s primary point of contact with the City. The Contractor shall not designate another person to be the Contractor Representative without prior written notice to the City.

C. City Supervision. The Contractor shall provide all Services with little or no daily supervision by City staff or other contractors. Inability or failure of the Contractor to perform with little or no daily supervision which results in the City’s need to allocate resources in time or expense for daily supervision shall constitute a material breach of this Agreement and be subject to cure or remedy, including possible termination of the Agreement, as provided in this Agreement.

Notwithstanding the foregoing, the City reserves the right to monitor and evaluate the progress

Lone Tree Evacuation Plan Page 6 and performance of Contractor to ensure the terms of this Agreement are being satisfactorily met in accordance with the City’s and other applicable monitoring and evaluating criteria and standards. Contractor shall cooperate with the City relating to such monitoring and evaluation.

IV. WARRANTIES.

A. New Equipment. Contractor warrants that the Equipment shall be new and suitable for the purpose used by the City and will be of good quality, free from faults and defects and in conformance with Exhibit A.

B. Title to Equipment. Contractor further warrants that it has full title to all the Equipment to be conveyed to the City hereunder, that its transfer of such title to the City is rightful and that all such Equipment shall be transferred free and clear from all security interests, liens, claims or encumbrances whatsoever. Contractor agrees to warrant and defend such title against all persons claiming the whole or any part thereof, at no cost to the City.

C. Warranty on Workmanship. Contractor shall, for one year from the date that the City initiates beneficial use of all Equipment provided under this Agreement (last piece of

Equipment is put into its intended use), promptly investigate, repair, or otherwise correct any parts, components or Equipment supplied hereunder which contain faults or defects considered to be minor and not affecting the integrity or structure of the Equipment. Contractor shall, for one year from the date that the City initiates beneficial use of all Equipment provided under this Agreement

(last piece of Equipment is put into its intended use), promptly replace any parts, components or

Equipment supplied hereunder which contain faults or defects considered to be other than minor, including affecting the integrity of the Equipment.

D. Assignment of Equipment Warranties. The Contractor warrants and shall be responsible and liable to the City for the warranties which are provided from the manufacturer(s) of all Equipment supplied hereunder. Contractor shall provide, assign, and take whatever additional steps are necessary to ensure that the Equipment is warranted for the benefit of the City for the respective manufacturers’ warranty periods.

V. COMPENSATION

A. Not-to-Exceed Amount. Following execution of this Agreement by the Parties, the

Contractor shall be authorized to and shall commence performance of the Services as described in Exhibit

A, subject to the requirements and limitations on compensation as provided by this Section V and its subsections. Compensation to be paid hereunder shall not exceed [Written Not to Exceed Amount]

($________________) (“Not-to-Exceed Amount”) unless a larger amount is agreed to by and between the

Parties in accordance with the amendment requirements of this Agreement. Notwithstanding the amount specified in this Section, Contractor shall be paid only for work performed. Contractor shall not be paid until tasks identified in the Scope of Services are performed to the satisfaction of the City. In consideration for the completion of the Scope of Services by Contractor, the City shall pay Contractor as follows:

If this box is checked, the City shall pay Contractor on a time and materials basis in accordance with the rate schedule shown in Exhibit B. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional

Lone Tree Evacuation Plan Page 7 amounts shall be paid by the City for such fees, costs and expenses. Final payment may be requested by the Contractor upon completion and the City’s acceptance of all work or Services as set forth in Exhibit A.

If this box is checked, the City shall pay the Contractor the Not-to-Exceed Amount in a single lump sum payment on __[insert date here]__.

B. Invoicing. The City shall make payments to Contractor in accordance with subsection A of this Section V within thirty (30) days after receipt and approval of invoices submitted by Contractor. If payment is on a time and materials basis, Contractor shall submit invoices to the City no more frequently than monthly and shall identify the specific Services performed for which payment is requested.

C. Receipts. The City, before making any payment, may require the Contractor to furnish at no additional charge releases or receipts from any or all persons performing work under this Agreement and/or supplying material or services to the Contractor, or any subcontractor if this is deemed necessary to protect the City’s interest. The City, however, may in its discretion make payment in part or full to the Contractor without requiring the furnishing of such releases or receipts.

D. Reimbursable Expenses.

1. If this Agreement is for lump sum compensation, there shall be no reimbursable expenses.

2. If the Agreement is for compensation based on a time and materials basis, the following shall be considered “reimbursable expenses” for purposes of this Agreement and may be billed to the City without administrative mark-up, which must be accounted for by the Contractor, and proof of payment shall be provided by the Contractor with the Contractor’s monthly invoices:

None

Vehicle Mileage (billed at not more than the prevailing per mile charge permitted by the IRS as a tax deductible business expense)

Printing and Photocopying Related to the Services (billed at actual cost)

Long Distance Telephone Charges Related to the Services

Postage and Delivery Services

Lodging and Meals (but only with prior written approval of the City as to dates and maximum amount)

3. Other Expenses. Any fee, cost, charge, or expense incurred by the Contractor not otherwise specifically authorized by this Agreement shall be deemed a non-reimbursable cost that shall be borne by the Contractor and shall not be billed or invoiced to the City and shall not be paid by the City.

E. No Waiver. The City's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

VI. PROFESSIONAL RESPONSIBILITY

A. General. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing required by law.

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B. Standard of Performance. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations.

C. Subcontractors. The Parties recognize and agree that subcontractors may be utilized by the Contractor for the performance of certain Services if and as described more particularly in

Exhibit A; however, the engagement or use of subcontractors will not relieve or excuse the

Contractor from performance of any obligations imposed in accordance with this Agreement and

Contractor shall remain solely responsible for ensuring that any subcontractors engaged to perform

Services hereunder shall perform such Services in accordance with all terms and conditions of this

Agreement. If Contractor engages subcontractors to perform any part of the Services, Contractor shall include Section IX (Indemnification) in any such subcontracts.

VII. INDEPENDENT CONTRACTOR

A. General. Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a City employee for any purposes.

B. Liability for Employment-Related Rights and Compensation. The Contractor shall be solely responsible for all compensation, benefits, insurance and employment-related rights of any person providing Services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with the Contractor, as well as all legal costs including attorney’s fees incurred in the defense of any conflict or legal action resulting from such employment or related to the corporate amenities of such employment. The Contractor will comply with all laws, regulations, municipal codes, and ordinances and other requirements and standards applicable to the Contractor’s employees, including, without limitation, federal and state laws governing wages and overtime, equal employment, safety and health, employees’ citizenship, withholdings, reports and record keeping. Accordingly, the City shall not be called upon to assume any liability for or direct payment of any salaries, wages, contribution to pension funds, insurance premiums or payments, workers’ compensation benefits or any other amenities of employment to any of the Contractor’s employees or any other liabilities whatsoever, unless otherwise specifically provided herein.

C. Insurance Coverage and Employment Benefits. The City will not include the

Contractor as an insured under any policy the City has for itself. The City shall not be obligated to secure nor provide any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees, sub-consultants, subcontractors, agents, or representatives, including but not limited to coverage or benefits related to: local, state, or federal income or other tax contributions, FICA, workers’ compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension or retirement account contributions, profit sharing, professional liability insurance, or errors and omissions insurance.

The following disclosure is provided in accordance with Colorado law:

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CONTRACTOR ACKNOWLEDGES THAT NEITHER IT NOR ITS AGENTS OR

EMPLOYEES ARE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS

UNLESS CONTRACTOR OR SOME ENTITY OTHER THAN THE CITY

PROVIDES SUCH BENEFITS. CONTRACTOR FURTHER ACKNOWLEDGES

THAT NEITHER IT NOR ITS AGENTS OR EMPLOYEES ARE ENTITLED TO

WORKERS’ COMPENSATION BENEFITS. CONTRACTOR ALSO

ACKNOWLEDGES THAT IT IS OBLIGATED TO PAY FEDERAL AND STATE

INCOME TAX ON ANY MONEYS EARNED OR PAID PURSUANT TO THIS

AGREEMENT.

D. Employee Benefits Claims. To the maximum extent permitted by law, the Contractor waives all claims against the City for any Employee Benefits; the Contractor will defend the City from any claim and will indemnify the City against any liability for any Employee Benefits for the

Contractor imposed on the City; and the Contractor will reimburse the City for any award, judgment, or fine against the City based on the position the Contractor was ever the City’s employee, and all attorneys’ fees and costs the City reasonably incurs defending itself against any such liability.

VIII. INSURANCE

A. General. During the term of this Agreement, the Contractor shall obtain and shall continuously maintain, at the Contractor’s expense, insurance of the kind and in the minimum amounts specified as follows by checking the appropriate boxes:

The Contractor shall obtain and maintain the types, forms, and coverage(s) of insurance deemed by the Contractor to be sufficient to meet or exceed the

Contractor’s minimum statutory and legal obligations arising under this Agreement

(“Contractor Insurance”); OR

The Contractor shall secure and maintain the following (“Required Insurance”):

Worker’s Compensation insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law.

Comprehensive General Liability insurance with minimum combined single limits of ____________ Dollars ($____.__) each occurrence and of

____________ Dollars ($____.__) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage

(including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an

“occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the City as Certificate Holder and name the City, and its elected officials, officers, employees and agents as additional insured parties.

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Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than

____________ Dollars ($____.__) each occurrence with respect to each of the Contractor’s owned, hired and non-owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used in the performance of the Services, both on the work site and off the work site, and such coverage shall include non-ownership and hired cars coverage. Such insurance shall be endorsed to name the City as Certificate

Holder and name the City, and its elected officials, officers, employees and agents as additional insured parties.

Professional Liability (errors and omissions) insurance with a minimum limit of coverage of ____________ Dollars ($____.__) per claim and annual aggregate. Such policy of insurance shall be obtained and maintained for one (1) year following completion of all Services under this

Agreement. Such policy of insurance shall be endorsed to include the City as a Certificate Holder.

B. Additional Requirements. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least thirty (30) days prior written notice to the City.

In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the

City, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. For any and all insurance policies required hereunder, Contractor shall waive subrogation rights against the City.

C. Insurance Certificates. Contractor shall provide to the City a certificate of insurance and all endorsement required hereunder as evidence that the required policies are in full force and effect prior to the commencement of the Services. The certificate shall identify the

Project/Services Name as set forth on the first page of this Agreement.

D. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously maintain policies of insurance shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the City may immediately terminate this Agreement, or, at its discretion, the City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All monies so paid by the City, together with an additional five percent (5%) administrative fee, shall be repaid by the Contractor to the City immediately upon demand by the

City. At the City’s sole discretion, the City may offset the cost of the premiums against any monies due to the Contractor from the City pursuant to this Agreement.

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IX. INDEMNIFICATION

A. Contractor agrees to indemnify and hold harmless the City and its officers, insurers, volunteers, representatives, agents, employees, and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor.

B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the City may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).

X. [RESERVED]

XI. REMEDIES

A. In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the City may exercise the following remedial actions if the Contractor substantially fails to perform the duties and obligations of this Agreement. Substantial failure to perform the duties and obligations of this Agreement shall mean a significant, insufficient, incorrect, or improper performance, activities or inactions by the Contractor.