Attachment B - Professional Services Contract.docx

Sample

AGREEMENT FOR SERVICES

Project Number and Name

THIS AGREEMENT is entered into as of the day of , 2025 by and between the Board of County Commissioners of the County of El Paso, State of Colorado (hereinafter referred to as the “County”) and (hereinafter referred to as the “Contractor”).

WHEREAS, the County desires to engage the Contractor to provide the services described in Exhibit A, (the “Project”).

NOW, THEREFORE, the parties mutually agree as follows:

1. Scope of Services. The Contractor shall furnish all labor and materials to perform the services required for the complete and prompt execution and performance of all duties, obligations, and responsibilities for the Project, which are described or reasonably implied from Section 1 of Exhibit A, which is attached hereto and incorporated herein by this reference.

2. Incorporated Documents. The following documents are incorporated herein by reference and made a part of this Agreement: Invitation for Bids/Request for Proposal #XX-XXX.

In the event of any conflicts between this Agreement and any referenced or attached documents, this Agreement shall control.

3. Time of Performance. The services of the Contractor are to commence and be completed (or end) by the dates set forth in Section 2 of Exhibit A, unless this Agreement is sooner terminated pursuant to paragraph 5.A. below. All time limits are of the essence in this Agreement.

4. Method of Payment. The County will compensate the Contractor for services rendered in accordance with Section 3 of Exhibit A, subject to the availability of appropriated funds within the annual budget. The Contractor is responsible for paying all applicable income, Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act, or other taxes owed on compensation paid under this Agreement. The Contractor shall submit requests for payment in a form acceptable to the County and in conformance with the County’s policies. The Contractor shall provide such backup information for its payment requests as may be reasonably requested by the County. The County shall have forty-five (45) days from receipt of any payment request to make payment to the Contractor.

5. General Terms and Conditions.

A. Termination of Agreement

(1) The County shall have the right to terminate this Agreement, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof, which notice shall be given at least thirty (30) days prior to the effective date of such termination.

(2) This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided, that no such termination may be effected unless the other party is given (i) not less than ten (10) calendar days’ written notice of termination, and (ii) an opportunity for consultation with the terminating party prior to termination.

(3) In the event of any termination, all finished or unfinished documents, data, studies, and reports prepared by the Contractor pursuant to this Agreement shall become the property of the County. Unless expressly stated otherwise in the notice, Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination, and the Contractor shall proceed to cancel all existing orders and contracts that are chargeable to the County under this Agreement. The Contractor shall be entitled to receive compensation in accordance with this Agreement for any satisfactory services completed pursuant to the terms of this Agreement prior to the date of receipt of the notice of termination, or such other stop-work date as may be specified in the notice. Notwithstanding the above, the Contractor shall not be relieved of liability to the County for damages sustained by virtue of any breach of this Agreement by the Contractor.

B. Pandemics. The Contractor shall abide by any local, state, and federal health orders in effect or instituted during the term of this Agreement. The Contractor is expected to implement any such changes effective immediately. Failure to abide by such requirements may result in termination of the Agreement.

C. Changes. The County or Contractor may, from time to time, request changes in the scope of services or compensation of the Contractor. Such changes that are mutually agreed upon between the County and Contractor shall be in writing, and upon execution shall become part of this Agreement. To be effective, all changes must be signed by the Contractor and by the Board of County Commissioners, or by a person authorized by resolution to sign on behalf of the Board.

D. Assignability or Subcontracting. Any assignment, transfer or subcontracting of this Agreement is prohibited, unless written consent is obtained from the County.

E. Audit. The County and any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Contractor that are pertinent to the Contractor’s performance under this Agreement for the purpose of making an audit, examination, or excerpts. The Contractor shall provide any documentation necessary to prepare all reporting required of or by the County, and shall keep all books, documents, papers, and records that are pertinent to the Contractor’s performance for a minimum period of three years, or such longer time as may be set forth in any Special Conditions or addendums to this Agreement.

F. Equal Employment Opportunity. While performing this Agreement, the Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of disability, race, creed, color, gender, sexual orientation, religion, age, national origin, or ancestry.

G. Ownership of Documents. All drawings, specifications, guidelines, and other documents prepared or received by the Contractor in connection with this Agreement shall be the property of the County.

H. Assignment of Copyrights. The Contractor assigns to the County the copyrights to all works prepared, developed, or created pursuant to this Agreement, including the rights to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public by sale, rental, lease, or lending; 4) perform the works publicly; and 5) to display the work publicly. The Contractor waives its rights to claim authorship of the works, to prevent its name from being used in connection with the works, and to prevent distortion of the works.

I. Governing Law/Forum/Interpretation. This Agreement has been executed by the parties hereto on the day and year first above written and shall be governed by the laws of the State of Colorado. Venue for any civil action relating to this Agreement shall be in El Paso County. Both parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern.

Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference that conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the Fourth Judicial District, El Paso County.

J. Compliance with Laws/Licenses and Permits. The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations, and resolutions. The Contractor shall be responsible for obtaining all licenses and permits necessary to perform the scope of services, at the Contractor’s expense, unless specifically stated otherwise in this Agreement.

K. No Waiver of Rights. The County’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the County except in writing signed by the Board of County Commissioners or person authorized to sign by resolution of the Board, and any waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver, unless specifically so stated.

L. Non-appropriation. Pursuant to Article X, Section 20 of the Colorado Constitution and C.R.S. § 29-1-110, as amended, the financial obligations of the County as set forth herein after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise available. This Agreement is automatically terminated on January 1st of the first fiscal year for which funds are not appropriated. The County shall give the Contractor written notice of such non-appropriation. Financial obligations of the County payable after the current Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available, pursuant to the Constitution for annual funding appropriation.

M. Conflict of Interest/Ethics. The Contractor shall refrain from providing services to other persons, firms or entities that would create a conflict of interest for Contractor with regard to providing services pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any County official or employee that would place the official or employee in a position of violating the public trust in violation of Colorado Constitution Article XXIX, C.R.S. § 24-18-109, as amended.

The Contractor shall disclose any personal or private interest related to property or business within the County. Upon disclosure of any such personal or private interest, the County shall determine if the interest constitutes a conflict of interest. If the County determines that a conflict of interest exists, the County may treat such conflict of interest as a default and terminate this Agreement.

N. Remedies. In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the County may exercise the following remedial actions if the Contractor substantially fails to satisfy the duties and obligations in this Agreement. Substantial failure to satisfy the duties and obligations shall mean significant insufficient, incorrect, or improper performance, activities, or inactions by the Contractor. These remedial actions are as follows:

(1) Suspend Contractor’s performance pending necessary corrective action as specified by the County without the Contractor’s entitlement to an increase in price/cost or a time extension; and/or

(2) Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or

(3) Deny payment for those services that have not been satisfactorily performed, or that, due to circumstances caused by the Contractor, cannot be performed, or if performed would be of no value to the County.

The foregoing remedial actions are cumulative and the County, in its sole discretion, may exercise any or all of them individually or simultaneously. The County shall provide written notice to Contractor of its exercise of any of the foregoing remedial actions.

O. Force Majeure. Neither the Contractor nor the County shall be liable for any delay in, or failure of performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by “force majeure.” As used in this Agreement, “force majeure” means acts of God, acts of the public enemy, unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non-performing or delayed party.

P. Third-Party Beneficiaries. It is expressly understood and agreed that the enforcement of this Agreement and all rights of action relating thereto shall be strictly reserved to the County and the named Contractor. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person.

Q. Survival of Terms and Conditions. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of the Agreement that anticipate continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.

R. Abilities, Qualifications, Experience, and Best Efforts. Notwithstanding anything to the contrary contained in this Agreement, the County and Contractor agree and acknowledge that the County enters into this Agreement relying on the special and unique abilities of Contractor to perform the services and accomplish the tasks described. Contractor accepts the relationship of trust and confidence established between Contractor and the County by this Agreement. Contractor covenants with the County to use its best efforts. Contractor shall further the interests of the County according to the County’s requirements and procedures, and according to the highest standards and quality prevailing among those who perform work of a similar nature.

S. Accuracy of Work. The Contractor represents, covenants, and agrees that its work will be accurate and free from any material errors.

T. Personally Identifiable Information (PII). If the Contractor or any of its subcontractors will or may receive PII under this Agreement, Contractor shall provide for the security of such PII, in a manner and form acceptable to the County, including, without limitation, non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections and audits. Contractor shall be a “Third-Party Service Provider” as defined in C.R.S. § 24-73-103(1)(i) and shall maintain security procedures and practices consistent with C.R.S. § 24-73-102 and C.R.S. § 24-73-103. In the event Contractor incurs a data breach whereby it is reasonably believed that any of County’s PII either could have been, or was compromised, then Contractor shall immediately notify the County in writing and shall abide by C.R.S. § 24-73-101 et seq.

6. Insurance. In part to assure the County that the Contractor is always capable of fulfilling the specified indemnification obligations, the Contractor must purchase and maintain insurance of the kind and in the minimum amounts specified below, unless indicated otherwise in Section 4 of Exhibit A.

A. The Contractor agrees to procure and maintain, at its own expense, for all services covered by this Agreement, the following policies of insurance:

(1) Workers’ Compensation Insurance: The Contractor will maintain workers’ compensation insurance covering the Contractor for the performance of all services under this Agreement in accordance with applicable state laws, and employer’s liability insurance. Coverage shall include a waiver of subrogation in favor of El Paso County and Board of County Commissioners.

Minimum Limits:

· Workers’ Compensation – statutory limits Employer’s Liability:

$1,000,000 bodily injury for each accident $1,000,000 each employee for disease $1,000,000 disease aggregate

The requirements of this provision shall apply to the Contractor and to all subcontractors.

(2) Commercial General Liability: The Contractor will maintain commercial general liability insurance covering all operations by or on behalf of the Contractor on an occurrence basis against claims for bodily injury, property damage (including loss of use) and personal injury. Such insurance will have these minimum limits and coverages:

Minimum Limits:

$1,000,000 each occurrence $2,000,000 general aggregate with dedicated limits per project site $2,000,000 products and completed operations aggregate

Coverages:

· Products and completed operations coverage maintained for at least 2 years after completion of the project for construction contractors

Additional Insured Endorsement (for on-going and completed operations) issued to Board of County Commissioners, El Paso County, Colorado its officers, its agents, and its employees acting in the scope of their employment. Coverage shall include a waiver of subrogation in favor of El Paso County and Board of County Commissioners.

The requirements of this provision shall apply to the Contractor and to all subcontractors.

(3) Automobile Liability: The Contractor will maintain business auto liability coverage covering liability arising out of any auto (including owned, hired, and non-owned autos) used in connection with this Agreement. Such insurance will have these minimum limits and coverages:

Minimum Limit:

$1,000,000 Combined Single Limit Each Accident

Coverages:

Additional Insured Endorsement issued to Board of County Commissioners, El Paso County, Colorado, its officers, its agents, and its employees acting in the scope of their employment. Coverage shall include a waiver of subrogation in favor of El Paso County and Board of County Commissioners.

The requirements of this provision shall apply to the Contractor and to all subcontractors.

(4) If indicated in Section 4 of Exhibit A, Malpractice Insurance or Professional Liability Insurance with a minimum coverage amount as specified in Section 4 of Exhibit A, and for two (2) years beyond the completion of all services under this Agreement.

B. The above-mentioned coverages shall be procured and maintained with insurers with an A- or better rating, as determined by Best’s Key Rating Guide. All coverages shall be continuously maintained during the term of this Agreement or as noted above to cover all liability, claims, demands, and other obligations assumed by the Contractor.

C. Additional Insured status required above shall be primary and non-contributory with any insurance or self-insurance carried by the County. The Contractor shall be solely responsible for any deductible losses under any policy required above.

D. The policies shall provide that the County will receive notice no less than thirty (30) days prior to cancellation, termination, or non-renewal of the policies.

E. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.

F. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions and minimum limits shall constitute a material breach of contract upon which the County may immediately terminate this Agreement.

G. The County reserves the right to request the additional insured endorsement policy pages showing that El Paso County and Board of County Commissioners are additional insureds.

7. Insurance Certificates.

A. The Contractor shall, prior to commencing services, deliver to the County Certificates of Insurance as evidence that policies providing any and all required coverages and limits are in full force and effect.

B. These certificates will serve as an indication to the County that the Contractor has acquired all necessary insurance; however, the County may require that certified copies of the insurance policies be submitted and may withhold payment for services until the applicable insurance policies are received and found to be in accordance with the Agreement.

C. Insurance limits must be indicated on each Certificate of Insurance. Each Certificate of Insurance shall be reviewed and approved by the County prior to commencement of services under the Agreement.

8. Indemnification. The Contractor shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees, and agents from and against any and all losses, damages, liabilities, claims, suits, actions, or awards, including costs, expenses and attorney’s fees, incurred or occasioned as a result of any negligent acts or omissions of the Contractor, or its principals, employees, agents, or subcontractors arising out of or in any way connected with the performance of services under this Agreement. The Contractor’s obligation to indemnify pursuant to this paragraph, and to provide any extended insurance coverage where applicable, shall survive the completion of the scope of services, and shall survive the termination of this Agreement.

9. Government Immunity. Liability for claims for injuries to persons or property arising from the negligence of the County, its departments, boards, commissions committees, bureaus, offices, employees, and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§ 24-30-1501, et seq., C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.

10. Prohibited Terms. Any term included in this Agreement, inclusive of any attachments, exhibits, addenda and any of contractor’s documents (e.g., terms and conditions), that requires the County to indemnify or hold Contractor harmless; requires the County to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; sets venue or jurisdiction outside of El Paso County, Colorado; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of § 24-106-109, C.R.S.

11. Independent Contractor. The Contractor is an independent contractor. AN INDEPENDENT CONTRACTOR IS NOT ENTITLED TO WORKER’S COMPENSATION BENEFITS AND IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THE CONTRACT RELATIONSHIP. Notwithstanding any provision appearing in this Agreement, all personnel assigned by the Contractor to perform work under the terms of this Agreement shall be and remain at all times employees of the Contractor or employees of their respective employers for all purposes.

12. Notices. Notices to be provided under this Agreement shall be given in writing and either delivered by hand or deposited in the United States mail with sufficient postage to the addresses set forth in Section 5 of Exhibit A.

13. Purchase by Other Governmental Agencies. Each governmental unit that avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certifications as required by the Contractor. It is understood and agreed that El Paso County is not a legally binding party to any contractual agreement made between any other governmental unit and the Contractor as a result of this Agreement. It is also understood that this Agreement may or may not have been competitively solicited. Verification of this fact is the governmental unit’s responsibility.

14. Accessibility. Should the Contractor provide a service which provides information and communication technology (ICT), the Contractor shall make commercially and technologically reasonable efforts to comply with all applicable provisions of C.R.S. §24-85-101, et seq., and the Accessibility Standards for Individuals with a Disability as established by the Governor’s Office of Information Technology (OIT) pursuant to C.R.S. §24-85-103 (2.5). Contractor shall also make commercially and technologically reasonable efforts to comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. The Contractor who provides ICT will also procure and provide an accessibility and compliance report utilizing the current ITIC Voluntary Product Accessibility Template (VPAT 2.5Rev WCAG) and/or manual testing reports from a qualified testing company to demonstrate reasonable efforts to comply with all State of Colorado technology standards.

15. Extent of Agreement. This Agreement represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendments to this must be in writing and be signed by both the County and the Contractor. If any portion of this Agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this Agreement shall be of full force and effect.

[Remainder of page intentionally left blank. Signatures on following page.]

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

CONTRACTOR

By:

(signature)

Title:

[name of Contract Signer], as [Title] of [Company Name].

My commission expires:

SEAL

Notary Public

ATTEST: Clerk to the Board EL PASO COUNTY

By:

Chair, Board of County Commissioners (Or representative authorized by resolution) Date:

Signed this day of , 2025

APPROVED AS TO LEGAL FORM:

County Attorney’s Office

Date:

EXHIBIT A to Agreement between the County and .

Project Number and Name: .

1. Scope of Services. The Contractor hereby agrees to and accepts responsibility to perform the following services:

In the event of any conflicts between this Agreement and any attached solicitation documents, this Agreement shall control.

2. Time of Performance. The services of the Contractor shall commence (choose one):

|_| As of the date of this Agreement.

|_| As specified in a Notice to Proceed to be provided by the County.

|_| As of the following date:

The services of the Contractor shall be completed, or shall end, by , , at which time the County shall have the option to renew the Agreement for four additional one-year terms under the same terms and conditions of the original Agreement by issuance of an Extension Letter. Continuation of the Agreement beyond the initial period is a County prerogative and not a right of the Contractor and will be exercised only when such continuation is clearly in the best interest of the County.

3. Compensation. The County agrees to compensate the Contractor for the performance of services detailed in Section 1 above, Scope of Services, as follows (choose one):

|_| Lump sum due upon completion: $ .

|_| Phased payments for completed work: Phase I - $ ; Phase II - $ ; Phase III - $ .

|_| Hourly rate: $ /hour or as outlined in the attached document.

|_| Other:

It is expressly understood and agreed that the total compensation to be paid to the Contractor under this Agreement shall not exceed $ . The maximum fee specified herein shall include all fees and expenses incurred by Contractor in performing all services hereunder.

4. Additional Insurance Requirements.

|_| Professional Liability Insurance. Professionals to include Architects, Engineers, Construction Managers, IT Consultants/Programmers, Insurance Brokers, Accountants, Real Estate Agents, etc. If Contractor’s scope of work includes the performance of professional services, Contractor shall provide and maintain, for the statute of repose, Professional Liability Insurance covering any damages caused by errors, omissions, or negligent professional act in performance of the professional services with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. Check box if required only.

|_| Malpractice Insurance. Professionals to include Physicians, Nurses, Psychologists, etc. If Contractor’s scope of work includes the performance of professional services providing healthcare or mental health services, Contractor shall provide and maintain, for the statute of repose, Malpractice insurance covering any damages or allegations of negligence, error, or omissions in performance of the professional services with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. Coverage shall include Additional Insured Endorsement and a Waiver of Subrogation in favor of El Paso County and Board of County Commissioners. Check box if required only.

|_| Umbrella Liability Insurance: Commercial Umbrella/Excess Liability Insurance for bodily injury and property damage liability must sit over Contractor’s primary Employer’s Liability, Commercial General Liability and Commercial Automobile Liability with limits of: One Million Dollars ($1,000,000) each occurrence and aggregate. Higher or Lower limits may be required or determined acceptable at the sole discretion of County. Coverage shall include Additional Insured Endorsement and a Waiver of Subrogation in favor of El Paso County and Board of County Commissioners. Check box if required only.

|_| Cyber Liability: If Contractor’s scope of work will include access to Protected Information/Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, Contractor shall maintain Cyber/ Network Security and Privacy Liability Insurance in an amount of not less than $1,000,000 each occurrence and $2,000,000 general aggregate to cover civil, regulatory and statutory damages, contractual damage, as well as data breach management exposure, and any loss of income or extra expense as a result of actual or alleged breach, violation or infringement of right to privacy, consumer data protection law, confidentiality or other legal protection for personal information, as well as confidential information of County. Check box if required only.

|_| Pollution Liability: If Contractor’s scope of work includes any pollution liability exposure, Contractor must provide and maintain a separate Pollution Liability Insurance policy. Such insurance shall include coverage for the Hold-Harmless or Indemnification Clause contained in this Agreement. Coverage shall include a limit of liability no less than $1,000,000 each occurrence and aggregate. Coverage shall include Additional Insured Endorsement and a Waiver of Subrogation in favor of El Paso County and Board of County Commissioners. Check box if required only.

|_| Crime Insurance: If Contractor’s scope of work includes Contractor or Contractor’s employees’ involvement with money or securities of County, Contractor shall provide and maintain Commercial Crime coverage for a loss arising out of or in connection with any fraudulent or dishonest act committed by employees of the Contractor, in an amount of not less than $1,000,000 single limit. Commercial Crime Coverage shall include third party liability coverage and list County as a loss payee. Coverage shall list El Paso County and Board of County Commissioners as loss payees. Check box if required only.

|_| Builders Risk: The Contractor shall purchase and maintain All Risk Builder's Risk insurance upon the entire Project to One Hundred Percent (100%) of the insurable value thereof for the benefit of the Owner and the Contractor. Such insurance shall include any and all direct damage to all structures under construction (including temporary structures) and all materials, supplies, machinery, and equipment at the work site that are or will be incorporated in the work, that is caused by hazards such as but not limited to, the hazards of fire, lightning, wind, earthquake, flood, vandalism, malicious mischief, and other hazards included in a standard Extended Coverage Endorsement. Coverage shall list El Paso County and Board of County Commissioners as a loss payee. Check box if required only.

|_| Garagekeepers Coverage: Garagekeepers coverage for loss to vehicles in the Contractor’s custody for servicing or storage with a minimum limit of $500,000 for each loss. Coverage shall list El Paso County and Board of County Commissioners as loss payees. Check box if required only.

Independent Contractor Verification Form Requirement. Check box for Sole Proprietors only.

|_| An Independent Contractor Verification Form is required only when a Contractor is a sole proprietor and has no employees. This form must be requested from the Contracts & Procurement Division.

5. Addresses for Notices. The addresses for Notices are as follows:

To the County: El Paso County Contracts & Procurement Division 15 East Vermijo Avenue Colorado Springs, Colorado 80903

AND

To the Contractor:

6. Special Conditions.

|_| No special conditions

|_| Special Conditions are as follows: