Godding Hollow Floodplain RFQ .pdf
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- Attached to
- Godding Hollow Floodplain Study State and local contract opportunity
- Solicitation number
- 29326
- Issued by
- Colorado
About this file
The document is a Request for Qualifications (RFQ) issued by the Town of Frederick, Colorado, seeking consultant services to prepare a floodplain study for the Godding Hollow Drainageway. The project spans approximately 3.68 miles from State Highway 52 to Weld County Road 20 1/2, and is required by the Colorado Water Conservation Board (CWCB) and Federal Emergency Management Agency (FEMA). The RFQ was issued on June 26, 2025, with proposals due by July 25, 2025, at 3:00 PM MT. An online project meeting is scheduled for July 11, 2025, from 2:00-3:00 PM MT. The selected consultant will be responsible for conducting a comprehensive review of existing data, developing a preliminary floodplain study, and assisting the town until a Letter of Map Revision (LOMR) is approved.
The project aims to update the Zone A regulatory floodplain to Zone AE and expand the regulatory floodplain to inform potential future development and flood hazards. The consultant will need to demonstrate expertise in floodplain modeling, storm sewer and culvert analysis, FEMA floodplain guidelines, and successful LOMR applications. The town will determine the project budget during contract negotiations, based on project needs and goals. The selection process will evaluate proposals based on technical expertise (30%), familiarity with local drainage planning efforts (20%), qualifications of key personnel (20%), community engagement experience (20%), and experience with similar projects (10%). The town reserves the right to award additional work and contracts for future phases to the team completing the floodplain study.
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Text version
REQUEST FOR QUALIFICATIONS
Consultant Services
TO PREPARE A FLOODPLAIN STUDY FOR GODDING
HOLLOW DRAINAGEWAY
Issue Date: June 26th, 2025 Proposals Due: July 25th, 2025
Contact:
Zackery Roberson, P.E.
Stormwater Engineer
Engineering Department 323 Fifth Street, PO Box 435
Frederick, CO 80530
(720) 382-5805
Zroberson@frederickco.gov mailto:Zroberson@frederickco.gov
1.0 – Invitation
The Town of Frederick is soliciting qualification submittals from firms experienced in stormwater drainage and floodplain analysis to prepare a floodplain study for the Godding Hollow Drainageway within the Town of Frederick, Colorado. The project will be from State Highway 52 to Weld County Road 20 1/2, as required by the Colorado Water Conservation Board (CWCB) and Federal Emergency Management Agency (FEMA).
The Town of Frederick and the City of Dacono prepared the Frederick-Dacono Stormwater Outfall Systems Plan (OSP) in 2022. This capital improvement report analyzed and recommended an update to the proposed drainage improvements for the Godding Hollow Basin. The Town of Frederick incorporated the Town of Erie's Godding Hollow Drainageway Outfall System plan into the Frederick-Dacono OSP.
The responders shall demonstrate how the floodplain study will be prepared in accordance with the FEMA, CWCB, Town of Frederick Code, and the preliminary Capital Improvements Project for the Town of Erie. At a minimum, the floodplain analysis will include Hydrologic & Hydraulic modeling to ensure compliance with the National Flood Insurance Program (NFIP) and local floodplain regulations for work in a Zone AE floodplain. The floodplain study shall include a topographic survey to confirm drainage basin limits, modeling of the existing and future basin conditions and flow rates, and analysis of roadway crossings. The consultant shall provide the required information to expand and update the regulatory floodplain (NFIP) for the Godding Hollow drainageway within the Town of Frederick municipal limits. Considering possible site restrictions, a 2D model may be required to properly analyze the basin.
The Firm should provide three recent projects showcasing similar floodplain studies and LOMR permits.
2.0 – Questions and Proposal Submittals
Please submit one proposal in a PDF file. All materials must be received no later than July 25th, 2025, at 3:00 PM MT.
Proposals must be submitted electronically, via email, to Zroberson@frederickco.gov.
Questions concerning this Request for Qualifications (RFQ) must be submitted by July 15th, 2025, at 5:00 PM MT via email to the Project Manager, Zackery Roberson P.E., at Zroberson@frederickco.gov. Answers will be posted to the Rocky Mountain E-Purchasing System as an Addendum by July 17th, 2025, at 5:00 PM MT.
The online meeting will be held on July 11th, 2025, from 2:00 PM through 3:00 PM MT. See section 6.0 for additional meeting information.
3.0 – Community Overview
The Town of Frederick is located on Colorado’s beautiful Front Range of the Rocky Mountains. The Town is approximately 17 square miles along Interstate 25, south of State Highway 119 and north of State Highway 52. Its current population of over 15,000 residents enjoys the Town’s central location, allowing easy access to the Denver and northern metropolitan areas of Longmont, Boulder, and Fort Collins. At the center of the Carbon Valley area, including Firestone, Dacono, Mead, and Erie, Frederick stands out as a community hub for a larger population of nearly 50,000. As one of the fastest-growing communities in Colorado, Frederick is working hard to ensure that growth results in a cohesive community that preserves the small-town feel and rich heritage its residents have come to enjoy.
4.0 – Project Background
The Frederick-Dacono OSP recommended an analysis and update to the proposed drainage improvements for the Godding Hollow Drainageway. The length of the Godding Hollow Drainageway to be studied is approximately 3.68 miles, from Highway 52 at the south to Weld County Road 20.5 at the north. This is shown on the map in Attachment A.
The Town of Frederick is soliciting qualification submittals from firms experienced in stormwater drainage design to prepare a floodplain study for the Godding Hollow Drainageway. The consultant will be the primary point of contact to apply for a LOMR on behalf of the Town, with strong communication with the Town’s project manager. They will address any comments and concerns that CWCB/FEMA may have required to complete the LOMR.
Additional Information Frederick would like to update the Zone A regulatory floodplain to Zone AE and expand the regulatory floodplain to inform possible future development and give the Town information on potential flood hazards within the Town of Frederick.
The Town of Frederick and the City of Dacono prepared the Frederick-Dacono Stormwater Outfall Systems Plan in 2022. The Godding Hollow watershed was modeled via the Storm Water Management Model (SWMM). On April 1, 2025, Merrick prepared a Technical Memorandum to the City of Dacono regarding the Godding Hollow 2022 OSP Addendum. Although the memorandum is not yet finalized, the updated flow rates should be analyzed in the FEMA-approved flood modeling software, I.E. Hydrologic Engineering Center River Analysis System (HEC RAS).
Frederick-Dacono OSP Full study: https://www.frederickco.gov/DocumentCenter/View/16971/Frederick- Dacono-OSP-Report_Final_4-7-2022
Erie OSP East of Coal Creek: https://www.erieco.gov/DocumentCenter/View/571/Outfall-Systems-Plan-East-of- Coal-Creek
5.0 – Preliminary Scope of Work
The following is a preliminary scope of the minimum work to be included in the project. The Consultant shall maintain close coordination with the Town of Frederick throughout the project. Key coordination tasks shall include:
• Kickoff & Progress Update Meetings
• Data Sharing Protocols - To obtain necessary supplemental data (models, surveys, reports, etc.)
• Develop a Final project Timeline with the Town.
• FEMA & CWCB Coordination
Phase 1 – Review of Existing Data and Mapping
The consultant shall conduct a comprehensive review of all available existing data and mapping relevant to the Godding Hollow Drainageway. Information shall include relevant Federal, State, and local studies. The consultant shall also review existing state and local ordinances and regulations that pertain to stormwater management, including flood control and floodplain management.
The Town will provide the selected consultant with all the available reports and background information that it has on file at the beginning of the project. Additional coordination with outside jurisdictions may be necessary to obtain any supplementary information.
It may be recommended that additional field surveys and mapping will be necessary, such as detailed channel cross-sections, structure surveys, and flood-prone area verification, to determine and confirm the accuracy of the existing hydraulic models.
https://www.frederickco.gov/DocumentCenter/View/16971/Frederick-Dacono-OSP-Report_Final_4-7-2022 https://www.frederickco.gov/DocumentCenter/View/16971/Frederick-Dacono-OSP-Report_Final_4-7-2022 https://www.erieco.gov/DocumentCenter/View/571/Outfall-Systems-Plan-East-of-Coal-Creek https://www.erieco.gov/DocumentCenter/View/571/Outfall-Systems-Plan-East-of-Coal-Creek
Phase 2 – Develop Preliminary Floodplain Study
The Consultant shall prepare a floodplain model using results from information collected in Phase 1. The model should use the updated design storm events to determine the runoff from the delineated drainage basin.
The model shall generate hydrographs (estimates of runoff vs. time) for each sub-basin. The Consultant shall create a network of surface water features within the hydraulic model to simulate the Town’s storm sewer system and route the hydrographs through the system. Any applicable existing detention ponds shall be included in the model.
The floodplain study shall consider utilizing the following strategies for the development of recommendations:
• Optimizing the existing storm sewer system, including detention ponds, inlets, pipes, and channels.
• Additional conveyance.
• Increased size of existing conveyances.
The Consultant, with input from the Town, shall develop proposed alternatives to address flooding issues within the study area. The Consultant shall propose alternatives to determine their performance under minor and major storm events.
The Consultant shall prepare conceptual-level cost estimates for recommended improvements based on the Phase 2 analysis.
Phase 3 – Assist the Town until the LOMR is approved
The selected consultant will coordinate closely with the Town and FEMA to successfully process a Letter of Map Revision (LOMR). This includes preparing all required technical documentation, hydrologic and hydraulic modeling, mapping exhibits, and supporting materials in accordance with FEMA standards. The consultant will serve as the primary liaison with FEMA and be responsible for submitting to FEMA/CWCB throughout the submittal and review process, addressing any requests for information, and ensuring that the Town’s objectives are met. All deliverables shall comply with FEMA’s MT-2 requirements, and the consultant will work to ensure the LOMR is approved in a timely and efficient manner.
6.0 – Project Schedule
Timeline:
Issued RFQ: June 26th, 2025, at 5:00 PM MT
Online Project Meeting: July 11th, 2025, 2:00 – 3:00 PM MT
Microsoft Teams: Join the meeting now (clickable link)
Meeting ID: 289 113 160 240 1
Passcode: Wt6uc3DZ
Last Day for Questions: July 15th, 2025, 5:00 PM
Email: Zroberson@frederickco.gov
Questions and Addendum Posted (If required): July 17th, 2025, 5:00 PM
Proposals Due: July 25th, 2025, 3:00 PM MT
Town of Frederick Review Completed: July 31st, 2025, 3:00 PM MT https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDE0YTI2OGMtNjRlMS00YjNkLThlZmQtZTM1MTRkZWYyMTkz%40thread.v2/0?context=%7b%22Tid%22%3a%2222cfe267-2dda-4755-afe8-f908289cc4c6%22%2c%22Oid%22%3a%22abea7ea7-4443-4c04-a885-e879da10ebe6%22%7d
Notify Short list of Consultants: July 31st, 2025, 5:00 PM MT
Interview and Contract Negotiations: August 8th through August 14th, 2025
Contract Signed and Submitted by Consultant: August 15th, 2025, 5:00 PM MT
Frederick Board of Trustees Contract Award: September 9th, 2025
Estimated Start of Project: September 10th, 2025
** The Town reserves the right to modify dates as needed by the Town
7.0 – Budget
A project budget will be determined during contract negotiations, based on project needs and goals.
8.0 – Statement of Qualification Requirements
Submittals are sought from firms with expertise in, but not limited to, floodplain modeling, storm sewer and culvert analysis, FEMA Floodplain guidelines, and successful LOMR applications. The information provided will play a significant role in the Town’s selection of the consultant team considered best qualified to complete the project. Upon selection, the Town and the selected consultant will work together to refine the scope of work before the execution of an agreement.
Please provide the following in your statement of qualifications:
Cover Letter: Please submit a one-page letter of intent listing the proposed team (prime and subconsultants) and commitment to providing the services described in this request and any additional services pertinent to this effort.
Statement of Experience: Identify the proposed project manager and key personnel of the project team; include the relevant experience, qualifications, and project roles for each member. For each member, describe their experience in floodplain analysis and modeling and any other relevant experience.
Project Approach: Describe your understanding of the project scope and a timeline that identifies major proposed tasks, products, and major milestones. Also, provide information on what firms and/or members of the team will be responsible for completing major tasks.
References: Three (minimum) client references for similar planning projects for Floodplain Analysis and Modeling (within the last 7 years) led by the proposed Project Manager. Please include the full name of the project manager, phone number, and e-mail.
Relevant Sample Work: Please provide the following information for no more than (3) three relevant projects with similar scope and size that have been completed or are in progress by members of the consultant design team. At least (2) two of the projects listed must be for public agencies.
1. Name of project
2. Project website, if applicable
3. Brief project description highlighting special attributes/features of the project
4. Project design team
5. Three References
All costs for developing submittals in response to this RFQ are the obligation of the Consultant and are not chargeable to the Town. All submittals will become the property of the Town and will not be returned. Submittals may be withdrawn at any time before the published close date, provided notification is received in writing to the Project Manager listed on this RFQ. Submittals cannot be withdrawn after the published close date.
9.0 – Consultant Selection and Award
The Town intends to enter into an agreement with the Consultant who provides a proposal that, in the opinion of the Town, best meets all the below-listed evaluation criteria (receives the highest score) as determined by the Town’s selection committee. If the Town decides to, chosen firms will be scheduled for an interview at a selected date and time in early August 2025. Upon selection of a Consultant, the Town intends to enter into an agreement using its standard Agreement for Services (see Attachment B), which shall be used to secure these services. By providing a submittal in response to this RFQ, proposing firms indicate they have read and agree with the contract terms.
Evaluation Criteria Weight
Demonstrates technical expertise and understanding of floodplain analysis, hydrologic and hydraulic modeling, FEMA guidelines, and stormwater planning in the Colorado Front Range.
Demonstrates familiarity with local and regional drainage planning efforts, including the Frederick-Dacono OSP, MHFD criteria, and interagency coordination relevant to the Godding Hollow watershed.
Qualifications of key personnel and project team 20
Demonstrated experience conducting successful community engagement and gathering input 20
Experience with projects of similar scale and scope 10
Total 100
The Town of Frederick reserves the right to reject any or all proposals and to waive any irregularities or information in the evaluation process. The final decision is the sole discretion of the Town of Frederick, and the respondents to this formal request have no appeal rights or procedures guaranteed to them.
The Town of Frederick reserves the right to award additional work and contracts for future phases of the final design, construction documents, and construction administration to the team that completes the floodplain study, or to one or more of the finalist teams selected in the initial selection process.
10.0 - ATTACHMENTS
A – Site Map
B – Independent Contractor Agreement
Attachment A – Site Map (Maps are not to scale and do not represent a legal boundary. They are for Information Purposes only.)
Town of Frederick
Godding Hollow Drainageway – Floodplain Study
Figure 1- Floodplain Study Area
Attachement B
INDEPENDENT CONTRACTOR AGREEMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT (the “Agreement”) is made and entered into this day of 20 (the “Effective Date”) by and between the Town of Frederick, Colorado, a Colorado statutory town, whose address is 401 Locust Street, Frederick, CO 80530 (the “Town”), and ___________________________, a ____________________________ whose address is __________________________________ (“Contractor”).
WHEREAS, The Town desires to engage the services of Contractor to provide the service more fully described on Exhibit A; and
WHEREAS, the Contractor wishes to become associated with the Town as an independent contractor; and
WHEREAS, the parties wish to memorialize their contractual relationship.
NOW, THEREFORE, incorporating the foregoing Recitals herein, which are hereby acknowledged as being true and correct, and in consideration of the mutual promises, agreements, undertakings, and covenants, as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby mutually agree as follows:
SECTION 1: PARTIES
1.01 Town. Town is a statutory town located in Frederick, Colorado.
1.02 Contractor. Contractor is a private, independent business that will exercise discretion and judgment of an independent contractor in the performance and exercise of its rights and obligations under this Agreement. Contractor shall use its own judgment and skills in determining the method, means, and manner of performing this Agreement. Contractor shall be responsible for the proper performance of this Agreement in accordance with any and all applicable federal, state, and municipal laws, regulations, and orders.
1.03 Intent of the Parties. By this Agreement, Town and Contractor intend for Contractor to be an independent contractor in relationship to the Town and not the Town’s employee.
Consequently, Contractor will not be considered an employee or agent of the Town at any time under any circumstances, for any purpose.
SECTION 2: TERM, DUTIES, COMPENSATION
2.01 Term. This Agreement shall commence on the Effective Date, and shall remain in existence for a period of one (1) year unless sooner terminated as herein provided, and if necessary, shall be submitted to the Town sixty (60) days prior to the expiration of the Agreement to consider renewal.
2.02 Duties and Compensation. The Contractor’s duties, compensation, and provisions for payment thereof shall be as set forth in Exhibit A, and any contemplated change in said terms shall be submitted to the Town in writing for review and approval prior to any such change.
2.03 Background Check. The Town may, at its’ sole discretion, conduct a background check of Contractor, its owners, and employees. Contractor agrees to execute any forms necessary to facilitate the background check.
SECTION 3: OPERATIONS
3.01 Expenses. The Contractor shall not incur any expense or debt on behalf of the Town without written authorization.
3.02 Federal, State, and Municipal Laws and Regulations. Town and Contractor each agree to abide by all applicable federal, state, and municipal laws, regulations, and rules.
SECTION 4: INSURANCE AND INDEMNITY PROVISIONS
4.01 Insurance. Contractor shall maintain and keep in force during the term hereof one or more policies of liability insurance written by one or more responsible insurance carrier(s), which will include protecting and indemnifying the Town in the following amounts:
a) Comprehensive General Liability - $2,000,000 combined aggregate
b) Automobile Liability - $1,000,000
c) Workers Compensation
Each liability insurance policy shall name the Town as an additional insured. Contractor shall furnish an original counterpart of such insurance policy to the Town upon the Town's written request. Contractor shall also furnish to the Town appropriate certificates for such insurance, which shall include a commitment by each insurance company to notify the Town in writing of any material change, expiration, or cancellation of the insurance policy required hereunder not less than thirty (30) days prior to such change, expiration, or cancellation becoming effective. In addition to the above, Contractor shall obtain and keep in force during the term hereof such insurance required by any law or regulation, or prudent business practices.
4.02 Damage and Indemnity. Contractor assumes full responsibility for any and all damages caused by Contractor’s negligent exercise of its activities or willful misdconduct, as authorized by this Agreement. Contractor agrees that it will at all times protect, defend, and indemnify and hold harmless the Town, its officers, agents, employees, tenants, and their successors and assigns from and against all liabilities, losses, claims, demands, actions, and court costs (including reasonable attorneys’ fees), arising from or growing out of loss or damage to property or injury to or death to any persons to the extent resulting in any manner from the negligent actions, failure to act of Contractor or any invitees, guests, agents, employees, or subcontractors of Contractor, or willful misconduct, whether brought by any of such persons or any other person arising from Contractor’s activities as authorized by this Agreement. Contractor shall promptly pay to the Town, its successors, or assigns, the full amount of any such costs, loss, or damage that the Town, its successors, or assigns may sustain or incur, or for which the Town, its successors, or assigns, may become liable.
SECTION 5: TERMINATION
5.01 Termination. Either party upon fifteen (15) days prior written notice may terminate this Agreement with or without cause.
a) Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, or any causes beyond the control of such party.
b) Upon termination by either party, Contractor shall immediately cease any and all activities related to this Agreement, and shall return any keys, materials, tools, or other items provided by the Town to the contractor in conjunction with this Agreement.
SECTION 6: MISCELLANEOUS
6.01 Severability and Reformation. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, if allowed by law, in lieu of such invalid, illegal, or unenforceable provision, there shall automatically be added as part of this Agreement a provision similar in terms to such illegal, invalid, or unenforceable provision so that the resulting reformed provision is legal, valid, and enforceable. If such reformation is not possible, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the Parties.
6.02 Conflicts of Interest; Non-hire Provision. Contractor is free to enter into this
Agreement, and that this engagement does not violate the terms of any agreement between the Contractor and any third party. During the term of this agreement, the Contractor shall devote as much productive time, energy, and abilities to the performance of its duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the Town.
6.03 Right to Injunction. The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the Town under the Agreement are of a special, unique, unusual, and extraordinary character that gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Contractor of any of the provisions of this Agreement will cause the Town irreparable injury and damage. The Contractor expressly agrees that the Town shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Contractor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Town may have for damages or otherwise. The various rights and remedies of the Town under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law. Contractor waives any and all right to injunctive relief in the event of any dispute with the Town, and the Contractor’s sole remedy in such a dispute shall be at law.
6.04 No Multi-Year Fiscal Commitment. Any financial obligation of the Town is contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The Town does not warrant that funds will be available to fund this Agreement beyond the fiscal year in which it is executed.
6.05 Colorado Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, by Town of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. §§ 24-
10-101, et seq., as applicable now or hereafter amended (“CGIA”).
6.06 Entire Agreement. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents, or employees.
6.07 Independent Contractor. This Agreement shall not render the Contractor an employee, partner, agent of, or joint ventures with the Town for any purpose. The Contractor is and will remain an independent contractor in their relationship to the Town. The Town shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Town hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
IMPORTANT NOTICE: Independent contractor is not entitled to unemployment insurance benefits unless Independent Contractor or some other entity provides unemployment compensation coverage. Independent Contractor is obligated to pay federal and state income tax on any moneys paid pursuant to this contract.
6.08 Ability to Bind the Other Party. Neither Town nor Contractor is the agent of the other, and neither shall have the right to bind the other by contract or otherwise, except as specifically provided in this Agreement.
6.09 Applicable Law. This Agreement shall be construed according to the laws of the State of Colorado.
6.10 Time. Time is of the essence of this Agreement and of each covenant thereof. In the computation of any period of time, which shall be required or permitted hereunder, for notice, or under any law for any notice or other communication or for the performance of any term, condition, covenant, or obligation, the day from which such period runs shall be excluded and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case, the period shall be deemed to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
6.11 Recitals and Exhibits. The Recitals hereto and any Exhibits that may be attached to this Agreement are hereby incorporated herein and made a part of this Agreement by this reference; however, in the event of a conflict between provisions in this Agreement and any exhibits, the provisions in this Agreement shall control.
6.12 Attorney’s Fees. If either party employs an attorney to enforce this Agreement, each party shall pay its own attorney’s fees.
6.13 Assignment and Subcontracting. Contractor may not delegate, assign, or subcontract all of any part of its duties and obligations hereunder without obtaining the Town's prior written consent.
6.14 Successors and Assigns. The covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors, and assignees.
6.15 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall be deemed to constitute one and the same instrument.
6.16 Waiver of Conditions. Contractor may not waive all or any part of its duties, obligations, or conditions hereunder without obtaining the express written consent of the Town.
6.17 Merger of Understanding. The provisions of this Agreement represent the entire and integrated agreement between the Town and the Contractor and supersede all prior negotiations, representations, and agreements, whether written or oral, except as where noted. This Agreement may be modified only by a written document signed by both parties and approved by the Town Council at a public meeting. This Agreement is confidential and proprietary between the parties and shall not be disclosed to any third party without an agreement between the parties to that effect in writing.
6.18 Third Party Rights. The parties do not intend to confer any benefit hereunder on any person or entity other than the parties hereto and their respective successors and assigns.
6.19 Waiver. No consent or waiver, express or implied, by a party to or of any breach or default by the other in the performance by the other of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of such party or any other party of the same or any other of its obligations. Failure on the part of any party to complain of any act or failure to act of any other party or to declare any such party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder.
6.20 Captions. The captions in this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof.
6.21 Acknowledgment of Review. Contractor hereby expressly acknowledges that they have reviewed and understand each and every provision of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates written below.
TOWN
Town of Frederick, Colorado
By: _________________________________ Date
ATTEST:
By: __________________________________ Date
CONTRACTOR
[NAME OF BUSINESS]
By: __________________________________ Name Date
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