RFPconsultant Cortez CCC.pdf

City of Cortez, Colorado

REQUEST FOR PROPOSALS (RFP)

Consultant(s) for Documentation of the Cortez Civilian Conservation Corps Camp in Cortez, Colorado

Date Released: August 27, 2025

Submittal Due Date and Time: September 15, 2025 by 3:00 pm MT

City of Cortez Contact:

Helen West, Community & Economic Development Specialist 123 Roger Smith Avenue Cortez, Colorado 81321

(970) 331-0213 hwest@cortezco.gov mailto:hwest@cortezco.gov

City of Cortez RFP for Documentation of Cortez CCC Camp

August 2025

CITY OF CORTEZ

REQUEST FOR PROPOSAL COVER SHEET & SIGNATURE PAGE

Advertised Date: August 27, 2025 RFP Number:

2025 Cortez Civilian Conservation Corps Camp Documentation Project

Procurement Point of Contact:

Helen West hwest@cortezco.gov

(970) 331 – 0213

Submit Sealed Proposals to:

An electronic copy of any RFP submission should be submitted through Rocky Mountain E-Purchasing System (“RMEPS”) portal at https://www.bidnetdirect.com/colorado

Proposal Submission Deadline:

Monday, September 15, 2025 @ 3:00 PM (Mountain Daylight Time)

2025 Civilian Conservation Corps Camp Documentation Project Offerors are asked to fill out this page in its entirety and to sign and return with their Proposal. The

Proposal Cover Sheet & Signature Page must be signed by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. Electronic signatures are acceptable.

Legal Company Name: ____________________________________________________________ Authorized Signature: ____________________________________________________________ Typed/Printed Name: ____________________________________________________________

Title: ____________________________________________________________

FEIN: ____________________________________________________________

Company Address: ____________________________________________________________ City: _________________ State: __________ Zip: _______________

Contact for Clarifications: ____________________________________________________________

Title: ____________________________________________________________ Email Address: ____________________________________________________________

Phone Number: ____________________________________________________________

By signing this Request for Proposal Cover Sheet & Signature Page, the authorized agent acknowledges acceptance of all terms and conditions of this solicitation.

https://www.bidnetdirect.com/colorado

Contents

1.0 Introduction

1.1 General Information

1.2 Background

1.3 Project Overview

1.4 Purpose of Grant & Goals of the Project

2.0 Requirements & Scope of Work

2.1 Accessibility Requirements

2.2 Mandatory Minimum Requirements

2.3 RFP Submission Requirements

2.4 Scope of Work

2.5 Required Standards

Standards specific to the Project:

Products specific to the Project:

2.6 Anticipated Contract Term

3.0 Terms, Conditions and Exceptions

4.0 Selection Process

4.1 Threshold Eligibility

4.2 Evaluation Process

4.3 Project Timetable

APPENDIX A: Project Budget

APPENDIX B: Sample Professional Services Contract

1.0 Introduction

1.1 General Information

The City of Cortez, hereafter known as “the City,” is soliciting proposals for consultants to provide documentation of the Cortez Civilian Conservation Corps (CCC) Camp in Cortez (the “Project”) to the City with the needs outlined in the RFP. There are three main tasks that the Respondent must include in the Scope of Work: (1) In-field artifact analysis, (2) archival and historic research, and

(3) preparation of a final report. A final task, graphic design services to create a brochure on the history of the CCC Camp, will be completed for distribution to local museums and cultural spaces and online after the Tasks 1 – 3 are finished. Quotes for this task will be sought at a later date.

The City plans to select one Respondent that meets the threshold and selection criteria to complete Tasks 1 – 3 outlined in this RFP.

The RFP is open to all individuals or firms capable and qualified to meet the objectives and requirements described in this document. Organizations that are qualified as Woman-owned businesses (WBE), Minority-owned businesses (MBE), and/or Veteran-owned businesses (VBE) are encouraged to respond.

Only proposals received no later than 3:00 pm on September 15, 2025 (the “Proposal Due Date”) will be considered. Upon receipt, all RFP submissions will be reviewed for completeness in accordance with the threshold and selection criteria contained herein. If threshold criteria are satisfied, the City’s selection committee will assess each Respondent’s qualifications based upon the selection criteria. Once the selection committee has reviewed and ranked all Respondent proposals, if determined necessary, the top scoring Respondents may be selected for an interview. If needed, interviews will be held at times to be determined.

An electronic copy of any RFP submission should be submitted through: Rocky Mountain E- Purchasing System (“RMEPS”) portal at https://www.bidnetdirect.com/colorado.

Electronic submittals must be received in the Rocky Mountain E-Purchasing System submission portal at www.bidnetdirect.com/colorado (“RMEPS”) on or before the Proposal Due Date and time. It is the Respondent’s sole responsibility to ensure all required Proposal documents are submitted through RMEPS by the Proposal Due Date. RMEPS does not allow for uploading Proposal documents after the Proposal Due Date and time has closed.

Proposals will be time stamped by RMEPS upon receipt. After uploading the documents, Respondents must click the SUBMIT button. The City of Cortez will not accept uploads that are “saved” but not “submitted.” To verify that a Proposal has been submitted successfully, Respondents may contact BidNet Support or verify, via the Bid Management tab in your account, that the documents are not in “Draft” status. The City of Cortez does not have access to or control of the Vendor side of RMEPS. Please contact RMEPS at 1-800-835-4603, Option 2, for technical assistance.

Addenda may be issued and will be posted online at https://bidnetdirect.com/colorado.

Prospective Consultants must ensure all addenda issued are acknowledged and responses thereto submitted along with the required proposal documents. Failure to submit such responses may result in disqualification.

1.2 Background

The Cortez Historic Preservation Board was established in 1996 as an Advisory Board to the Cortez City Council. Board members are all volunteers, and the Board does not have an independent budget for projects. However, through the City the Board has received a grant from History Colorado to complete the work outlined in this RFP.

The 2025 History Colorado grant expands upon previous field and survey work completed in 2024. The In 2024 the City received a grant from History Colorado to complete a Class III Cultural Resource Survey of the Carpenter and Geer Natural Areas, owned by the City of Cortez. A redacted version of the 2024 Final Report is available on the City website at this link. A full report will be provided to the selected Respondent once a contract is awarded.

To learn more about historic preservation efforts in the City of Cortez, visit https://www.cortezco.gov/330/Historic-Preservation.

1.3 Project Overview

Civilian Conservation Corps (CCC) Camp SCS-14-C (5MT25277) was constructed in 1939 in Cortez.

This camp was occupied until 1941 when it was closed and the buildings were removed. In the 1950s, houses were built on the area where the camp had been located. Although more than 150 men were housed at this camp, it is an undocumented part of Cortez's history and is not mentioned in any publications.

This Project will continue research on this camp and examine deposits nearby that belonged to the camp. The current cultural resource inventory, funded by a 2024 CLG grant, identified historic trash deposits which are associated with the Camp that would benefit from further analysis, documentation, and historic and archival research. Public outreach will be conducted to locate descendants of men who worked at the camp in order to gather personal accounts of the Camp.

The result will be final report, at least one public presentation, and a brochure on the history of this camp to fill in this missing piece of Cortez's history.

1.4 Purpose of Grant & Goals of the Project

During the 2024 CLG inventory of the Carpenter and Geer Natural Areas, several features were identified that are likely associated with the Civilian Conservation Corps (CCC) camp (SCS-14-C) (5MT25277) which was located on the bluff above the southwestern boundary of the Carpenter Area. These include large pieces of concrete that are below the area of the camp. There are also trash deposits of rusty metal cans, glass, ceramics, and other household items.

https://bidnetdirect.com/colorado https://www.cortezco.gov/DocumentCenter/View/5259/CO-24-10005_AbbreviatedResults-SiteNoRemoved?bidId= https://www.cortezco.gov/330/Historic-Preservation

The purpose of the 2025 Grant will be to conduct additional in-field artifact analysis, and historic research into the CCC camp that will result in a final report for the City and the production of a brochure and online version to distribute the information to the broader public. The goal of this project is to close the gap on important but unknown period in Cortez’s 140-year history.

2.0 Requirements & Scope of Work

2.1 Accessibility Requirements

All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S.

and 3) all City 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.

2.2 Mandatory Minimum Requirements

Notice is hereby given to all interested parties that all firms will be required to meet all requirements to be considered for this project. Interested proposers should be prepared to show evidence of the following to be considered as qualified, as a minimum:

1. Provide similar contracting services within the last three (3) years or at least three (3) projects similar in scope to the project herein; and

2. Demonstrate specific general contracting experience in projects of similar scope and complexity; and

3. Firm must be fully insured with General Liability Insurance, Comprehensive Automobile Liability Insurance, and Professional Liability Insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence, and ONE MILLION DOLLARS ($1,000,000) aggregate. Firm must be able to list the City as additionally insured.

2.3 RFP Submission Requirements

Responses must be received no later than the Proposal Due Date, 3:00 P.M, Mountain Time, Monday, September 15, 2025 to be considered. An electronic copy of the proposal must be submitted through: Rocky Mountain E-Purchasing System (“RMEPS”) portal at https://www.bidnetdirect.com/colorado and include Respondent’s current rate schedule and clearly identified cost of services for each outlined task. The proposal must include the following information:

a. Completed and signed cover sheet on page 2 of the RFP.

b. Cover Letter describing the Respondent’s general understanding of the scope of work and any key issues associated with performing the required services. The cover letter shall not exceed one page, must be signed by an individual(s) authorized to bind the Respondent contractually.

c. Statement of Qualifications including:

a. Resumes of primary personnel assuming responsibilities for the Project and any subcontractor participating in the Project.

b. A description of previous similar work.

c. List of similar projects completed within the last three (3) years or at least three

(3) projects similar in scope.

d. Scope of Work - detailed description of Respondent’s approach to the scope of work and relevant experience, including:

a. A clear description of how your firm would complete this project, including scope and methodology.

b. Work plan schedule, including estimated completion times.

c. Project Budget itemizing the proposed scope of work and related activities.

e. References including name, addresses, and telephone numbers of at least three (3) client references to whom the Respondent has provided service similar to the project described herein.

All prices quoted must be firm for a period of 120 days after the proposal is accepted.

Responses not received by the Proposal Due Date of 3:00 P.M, MT, Monday, September 15, 2025

WILL NOT BE ACCEPTED FOR CONSIDERATION.

The City will not be held responsible for response envelopes mishandled, misrouted, or delivered late as a result of the envelope not being properly prepared. Faxed responses will not be accepted.

Any questions regarding this RFP must be submitted in an e-mail to Helen West at hwest@cortezco.gov no later than 12:00pm MT, Tuesday, September 2, 2025. A timely written response, which includes electronic transmittal, to all e-mail questions will be provided to the Respondent and all firms who received the RFQP via Bidnet. Inquiries pertaining to the RFQP are NOT to be directed to any other member of the City. Any such action may disqualify the Respondent from further consideration. Respondents may not rely upon verbal responses to any inquiry.

2.4 Scope of Work

The Project will consist of four phases: (1) in-field artifact analysis, (2) archival and historic research, (3) preparation of a final report.

Tasks 1, 2, and 3 are required for this RFP.

The proposed scope of work under this RFP consists of working with the City, the Historic Preservation Board, and partners to provide:

1. In-Field Artifact Analysis – Provide further analysis on five district artifact concentrations identified in the 2024 inventory.

This artifact analysis is intended to address the following research questions about the CCC Camp SCS-14-C:

o What can be inferred about the diets of the enrollees at the camp by analyzing the artifacts?

o What can be inferred about the daily activities of the enrollees at the camp by analyzing the artifacts?

o What can be inferred about the structures and infrastructures at the camp based on an analysis of the artifacts?

o Are there any specific artifacts that are unique to a CCC camp in terms of being government issued, etc.?

All artifact analysis study units will be included on a site map and photographs of each study unit location will also be provided. Photographs (with a scale) will be taken of any diagnostic artifact and a sample of other artifact types analyzed, any diagnostic or unique artifacts encountered outside of the in-field analysis study units will be analyzed, photographed (with a scale), and point-plotted on the site map, and all study unit locations will be included on an updated site map. Additionally, a GIS/Database Tech may come into the field in order to map the site with survey equipment.

No artifacts will be collected, nor will they be excavated during the fieldwork. All artifacts analyzed will be returned to the original location prior to fieldwork.

2. Historic Research – Continue archival and other historic research. Activities may include:

o Attempt to locate any additional historic documents relating to the CCC Camp SCS-

14-C.

o Utilize word-of-mouth, newsletters, social media, and other forms of communication (in coordination with the City and partners) to reach out to the public about any historic information relating to the CCC Camp in terms of photographs, historic maps, historic documents, or personal testimonies.

3. Final Report – Once the fieldwork and the historic research are complete, the artifact analysis data will be used to address the research questions outlined above. Any additional historic resources will be incorporated into the report, and potentially aid in addressing the research questions outlined in Task 1. There shall be at least one draft of the report for review by the City of Cortez, Historic Preservation Board, and History Colorado before the final report is finalized.

In addition to the report, an updated site form and site map will be completed highlighting the additional work performed on the site. The in-field artifact analysis table and photographs of artifacts will be included as an Appendix to the report.

All digital files will be submitted as an electronic (.pdf) and Word document files. The report and updated site form (5MT 25277) will be submitted to City of Cortez and the

Cortez Historic Preservation Board. Final deliverables will be submitted to the Office of Archaeology and Historic Preservation at History Colorado and include a copy of the report, the updated site form, and a final copy of electronic GIS site and survey data.

2.5 Required Standards

Secretary of Interior’s Professional Qualification Standards Secretary of Interior’s Standards and Guidelines for Historic Preservation and Archeology

Standards specific to the Project:

1. All survey work shall be completed to the standards provided by History Colorado (HC) and details in the Colorado Survey Manual. Survey forms shall be provided by HC.

2. Photographs submitted shall be properly labeled in accordance with the Colorado Survey Manual.

3. Survey work shall also meet the Secretary of the Interior’s Standards and Guidelines for Identification and Evaluation published September 29, 1983 in the Federal Register.

4. Work not meeting the Secretary’s Standards in the judgment of History Colorado staff shall not be reimbursed.

5. Selection of Consultants: History Colorado shall have the opportunity to participate in the selection of any consultants hired to conduct any portion of the above scope of work.

A consultant shall meet professional qualifications described in 36 CFR 61, “Procedures for Approved State and Local Government Historic Preservation Programs, April 13, 1984,” or otherwise approved by HC.

Products specific to the Project:

1. Consultant shall prepare a draft and final survey report that follows the format outlined in the Colorado Survey Manual. Included in the final survey report shall be a map which clearly delineates the project boundaries. The map shall also identify individual properties or districts that appear to meet the National Register criteria. The survey report shall also include a listing of all the properties surveyed with their state identification numbers and evaluation of their significance.

2. Consultant shall submit a USGS 7.5’ quad map plus a city plat or planning map outlining the boundaries of the survey areas with a key that identifies the boundaries of eligible districts, contributing and non-contributing properties and individually eligible properties. Each resource recorded during the project should be clearly identified on the map by appropriate site number.

3. Consultant shall conduct a minimum of one public meeting to describe the results of the project. Minutes of the meeting shall be submitted to History Colorado.

4. Consultant shall submit all inventory forms completed for the survey. These shall be typed with photographs placed in appropriate archival sleeves and attached to the forms.

The scope of services under this RFP is preliminary; the final scope of services and a professional services contract will be negotiated with the selected Respondent.

https://www.historycolorado.org/sites/default/files/media/document/2017/1527.pdf https://www.historycolorado.org/sites/default/files/media/document/2017/1527.pdf https://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-preservation.pdf https://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-preservation.pdf

2.6 Anticipated Contract Term

The resulting contract will be for up to 2 years. The City may amend or extend this contract beyond the initial 2 years to apply for additional grant funds and/or accommodate the terms and conditions of future grants awarded to the City within this 2-year project period provided a market survey conducted by the City indicates that the prices the contractor proposes are reasonable.

3.0 Terms, Conditions and Exceptions

a. The City does not create any obligation, expressed or implied, of any kind or description in issuing this RFP or receiving a response. Neither this RFP nor the response shall be construed as a legal offer to enter into a contract.

b. The City reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of the contract resulting from qualification under this process, if it is in the best interest of the City to do so.

c. The City reserves the right to reject any and all responses without cause, waive irregularities in all procedures related to this RFP, make inquiries of Respondents and their references and clients regarding qualifications or information submitted as part of their responses as deemed necessary, conduct personal interviews of any or all Respondents, and request and receive additional information as the City deems necessary.

d. Work performed under agreements resulting from this RFP may be subject to federal contractual provisions. The City hereby puts Respondents on notice that a successful award at the end of this process may be contingent upon an agreement between the City and the Respondent to comply with standard federal contractual provisions, including but not limited to, minimum Federal wage rates (Davis-Bacon).

e. In the event the selected Respondent does not enter into the required professional services contract with the City to carry out the purposes described in this RFP, the City may, in addition to any other rights and remedies available at law or in equity, commence negotiations with another person or entity.

f. In no event shall any obligation of any kind be enforceable against the City unless a written agreement has been entered into.

g. By submitting a response to the RFP, each Respondent waives all rights to protest, or seek remedies whatsoever regarding any aspect of this RFP, the selection of a Respondent or Respondents with whom to negotiate, the rejection of any or all offers to negotiate, or a decision to terminate negotiations.

h. The City will not assume any responsibility or liability for any expenses incurred by a Respondent, or prospective Respondent, in connection with the preparation or delivery of a response, requested interview, or any action related to the process of completing and submitting a response to this RFP.

i. Respondent shall disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. By submitting a qualification in response to this RFQP, Respondents affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant of the City or any employee or representative of same, in connection with this qualification process. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a Respondent’s qualification. The City will determine whether a conflict of interest exists and whether it may reflect negatively on the City’s selection of a Respondent. The City reserves the right to disqualify any Respondent on the grounds of actual or apparent conflict of interest.

j. The City will own all documents, including electronic media presentations, produced as a result of the professional services contract. The selected Respondent may use generated documents under the signed contract only with expressive permission from the City.

4.0 Selection Process

Responses will be evaluated based upon the documented ability of the Respondent to satisfy the threshold criteria and the requirements of this RFP. Respondents passing the threshold requirements will be further evaluated against the selection criteria. Both the Threshold and Selection criteria are detailed below. It is expected that the selection committee will include three to five people. Ratings will be assigned by reviewers and multiplied by the weight to determine the score. All of the scores will be combined for each Respondent to determine a total score. If determined necessary by the selection committee, the top scoring Respondents will be invited to participate in an in-person (or virtual).

4.1 Threshold Eligibility

a. Respondent has at least one (1) team member with a background in archeology.

b. The selected Respondent will work closely with City staff throughout the Project, and may be asked to attend staff meetings, partner meetings, as well as give public presentations related to the Project. The selected Respondent will be required to enter into a professional services contract in a form to be provided by the City upon selection of the Respondent.

If a Respondent does not satisfy the threshold eligibility requirements above, the response will not be further evaluated, and scoring will not be completed.

4.2 Evaluation Process

Respondents will be ranked based on qualifications and project understanding as determined to be in the best interests of the City. Those that satisfy the threshold eligibility requirements above will be evaluated against the additional selection criteria listed below.

4.3 Project Timetable

August 27, 2025 RFP materials posted on the https://www.cortezco.gov/bids.aspx, City website, and BidNet September 2, 2025 RFP questions received no later than 12:00pm MT September 15, 2025 Proposals received by the City no later than 3:00pm MT October 7, 2025 Review of Respondents for recommendation by Historic Preservation

Board October 14, 2025 Recommendation of Respondents for approval by City Council October 15, 2025 Intent to Award sent to final selection

APPENDIX A: Project Budget The total grant award from History Colorado is $22,736.00. The City does not have additional funds for this project. A breakdown of the budget for each task is listed in the budget below:

Tasks History Colorado Grant Allocation Task 1, 2, and 3: Research, Field Work, Lab Work, Survey Forms, Reports, Reimbursable Expenses, Outreach, Travel*

$18,071

Task 4: Graphic Design Work, Production of Brochure and Web Page (quotes will be sought at a later date)

$4,665

Project Total: $22,736 *Hourly rates cannot exceed NPS allowable rate ($90.46/hour) *Travel must be within State/NPS allowable rates ($.59/mile – mileage $96/night – hotel, $61/day – per diem)

Rating Score (1-10) Weight

Max Total Points

Identification of key personnel and experience/capability is including. Project team demonstrated ability to successfully complete the scope of work.

2 20

Respondent’s approach to successfully complete each scope of services task.

3 30

Specific experiences, references and/or considerations the Respondent has that makes it uniquely qualified.

2.5 25

Reasonable overall costs/hours/rate schedule. Budget is itemized and does not exceed NPS allowable hourly and travel rates and total budget is at or below the total grant award.

2 20

Respondent is locally or regionally based. 0.5 5 Ratings: 100 Clearly Outstanding in this item Well qualified in this item Average in this item Weak in this item Unsatisfactory in this item Insufficient Response

9 - 10 7 - 8 5 - 6 3 - 4 1 - 2 https://www.cortezco.gov/bids.aspx

APPENDIX B: Sample Professional Services Contract

1.0 AGREEMENT AND PARTIES

This Professional Services Contract (this “Agreement”) is entered into effective the day of , 2025 (the “Effective Date”) by and between the City of Cortez, a Colorado home rule municipality (the “City”), and , a (the “Contractor”). The City and the Contractor may be referred to herein individually as a “Party,” and collectively as the “Parties.”

2.0 RECITALS AND PURPOSE

2.0 The City desires to engage the Contractor for the purpose of

2.1 The Contractor represents that it has the special expertise and background necessary to provide the City with such services.

3.0 SCOPE OF SERVICES

The Contractor agrees to provide the City with the specific professional services as set forth in Exhibit “____,” which is attached hereto and incorporated herein by this reference (the “Services”).

4.0 COMPENSATION

4.0 The City shall pay the Contractor for the Services the amounts set forth in Exhibit “_____,” which is attached hereto and incorporated herein by this reference. The scope of the Services and payment therefor shall only be changed by a properly authorized written amendment to this Agreement.

4.1 The Contractor shall submit a detailed written invoice to the City monthly describing the Services rendered during the month. The City shall pay the invoice within thirty (30) days of receipt unless the work or the documentation therefore are unsatisfactory. Payments made after thirty (30) days may be assessed an interest charge of one percent (1%) per month unless the delay in payment resulted from unsatisfactory work or documentation therefor.

4.2 If the term of this Agreement extends into more than one City fiscal year, and thereby creates a multi-year financial obligation of the City, then the City’s financial obligations under this Agreement are contingent upon the availability of funds appropriated by the City Council for each fiscal year budget during the term of this Agreement.

5.0 PROJECT REPRESENTATION

5.0 The City designates as the responsible City

staff member to serve as the City contact while the Contractor provides the Services.

Scope of Work:

5.1 The Contractor designates as its project manager and primary contact. The City may rely upon the guidance, opinions, and recommendations provided by the Contractor and its representatives. Should any of the representatives be replaced and such replacement require the City or the Contractor to undertake additional reevaluations, coordination, orientation, etc., the Contractor shall be fully responsible for all such additional costs and services.

6.0 TERM

The Contractor's services under this Agreement shall commence on the Effective Date and shall be completed by no later than, (the Term”).

7.0 INSURANCE

7.0 During the Term of this Agreement, the Contractor agrees, at its own cost, to maintain, and provide evidence of upon request, a policy of Workers Compensation Insurance, if required by the Workers’ Compensation Act of Colorado, or any other applicable laws for any person engaged in the performance of the Services, and the policy or policies of insurance, if any, set forth below and marked with an “X.” 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 any required policy of insurance.

Comprehensive General Liability Insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence, and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. 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, and products. The policy shall contain a severability of interests provision.

Comprehensive Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of Contractor's owned, hired and/or non-owned vehicles assigned to be used or used in performance of the Services. The policy shall contain a severability of interests provision.

Professional Liability Insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence, and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall insure the Contractor for claims arising from the negligent performance of professional services under this Agreement. The Professional Liability Insurance policy shall include prior acts coverage sufficient to cover all services rendered by the Contractor and its subcontractors. This coverage shall be continued in effect for one (1) year after the end of the Term of this Agreement.

7.1 The Policies required above, except for the Worker's Compensation Insurance and Professional Liability Insurance, shall name the City as an additional insured, and any certificate of insurance shall specifically state that the City is named as an additional insured. Every policy required above shall be primary insurance, and any insurance carried by the City, its elected officials or its employees, shall be excess and not contributory insurance to that provided by the Contractor. The additional insured endorsement for the Comprehensive General Liability Insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above. 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 City may immediately terminate this Agreement.

7.2 The Contractor understands and agrees that the City is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act., C.R.S. §24- 10-101 et seq., as from time to time amended, or otherwise available to the City, its elected officials, or its employees.

8.0 INDEMNIFICATION

To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the City, its elected officials and employees, from and against all liability, claims, damages, injuries, and losses of any kind that arise out of or are connected with this Agreement and Contractor’s provision of the Services hereunder, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the Contractor or any of the Contractor’s subcontractors, or any other person for whom Contractor is responsible. The Contractor shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands, and to bear all other costs and expenses related thereto, including court costs and attorneys' fees. The Contractor's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the City.

9.0 QUALITY OF WORK

Contractor's professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of professional services of a similar nature.

10.0 INDEPENDENT CONTRACTOR

Contractor and any persons employed by Contractor for the performance of work hereunder shall be independent contractors and not agents of the City. Any provisions in this Agreement that may appear to give the City the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the City as to end results of the work only.

Neither Contractor, its owners, agents, employees, assigns or subcontractors are entitled to receive Workers Compensation or unemployment benefits from or through the City's unemployment or Worker's Compensation coverage.

Contractor shall pay all taxes for itself, its employees, agents, subcontractors, assigns as required by local, state and federal law.

11.0 ASSIGNMENT

Contractor shall not assign or delegate this Agreement or any portion thereof, or any monies due to or become due hereunder without the City's prior written consent.

12.0 DEFAULT

Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either Party should fail or refuse to perform according to the terms of this Agreement, such Party may be declared in default.

13.0 TERMINATION

13.0 This Agreement may be terminated by either Party for material breach or default of this Agreement by the other Party not caused by any action or omission of the other Party by giving the other Party written notice at least ten (10) days in advance of the termination date. The breaching or defaulting Party shall have the right to cure the breach or default within the notice period, and the non-breaching Party shall have the right to accept or reject the cure. Termination pursuant to this subsection shall not prevent either Party from exercising any other legal remedies which may be available to it.

13.1 This Agreement may be terminated by the City for its convenience and without cause by giving written notice at least thirty (30) days in advance of the termination date. In the event of such termination, the Contractor will be paid for the reasonable value of the services rendered to the date of termination, not to exceed the total amount set forth in Exhibit “B”, and upon such payment, all obligations of the City to the Contractor under this Agreement will cease. Termination pursuant to this Subsection shall not prevent either Party from exercising any other legal remedies which may be available to it.

14.0 INSPECTION

The City and its duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor that are related to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.

15.0 ENFORCEMENT

15.0 In the event that suit is brought upon this Agreement to enforce its terms, the substantially prevailing Party shall be entitled to its reasonable attorneys' fees and related court costs.

15.1 Colorado law shall apply to the construction and enforcement of this

Agreement. The Parties agree to the jurisdiction and venue of the State courts of Montezuma County in connection with any dispute arising out of or in any matter connected with this Agreement.

16.0 INTEGRATION AND AMENDMENT

This Agreement represents the entire agreement between the Parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties.

17.0 COMPLIANCE WITH LAWS

During the Term of this Agreement Contractor shall comply with the any applicable federal, state, or local laws and regulations, including, without limitation, the Americans with Disabilities Act of 1990, as enacted and amended from time to time, and all laws forbidding Contractor from discriminating against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, gender identity, gender expression, disability, pregnancy, marital status, national origin, or any other status protected by applicable state or federal law.

CITY OF CORTEZ: ATTEST:

By: By:

Title: Title:

CONTRACTOR:

By:

Title:

2.6 Anticipated Contract Term