RFQ - Contract Engineering Services.pdf

Request for Qualifica�ons (RFQ) Chaffee County Government

Project: Contract Engineering Services

Client : Chaffee County Government (“County”)

Client Representatives :

Miles Cottom, Planning Director 104 Crestone Avenue Salida, Colorado 81201 mcottom@chaffeecounty.org

Chad Chadwick, Chief Building Official 104 Crestone Avenue Salida, Colorado 81201 cchadwick@chaffeecounty.org

Response Submission Deadline : June 14, 2024, 5:00 PM MDT

RFQ: Contract Engineering Services

1. Background and Project Description

Chaffee County Government (the “County”) is soliciting a summary of qualifications for a Professional Engineer or engineering firm (the “Contractor”) to provide as-needed engineering review, inspection, and consultation services to the County Planning & Zoning and Building Departments. The County Planning & Zoning and Building Departments are responsible for reviewing and processing development applications, including land use, subdivision, and building permit applications.

2. Deliverables

Chaffee County seeks to engage a Professional Engineer or engineering firm to provide engineering review of matters related to development applications and other County projects.

Services may include:

- Reviewing land use applications for compliance with the Chaffee County Land Use Code;

- Reviewing civil engineering plans for conformance with County-adopted building codes;

- Reviewing applicant submissions for accuracy, suitability, and completeness as part of the development review process;

- Reviewing Development Agreements and inspecting built infrastructure to ensure compliance with said Agreements;

- Preparing response letters to developers, applicants, and engineers related to review of development applications;

- Providing recommendations for consideration to enhance and improve the development review process;

- Evaluating County projects and and preparing engineering solutions, including economic, environmental, and community impact assessments;

- Providing engineering expertise on other matters, as necessary.

3. Scope of Work and Technical Specifications

Contractor shall have the professional knowledge, experience, credentials, competence and legal authority to fulfill a full scope of engineering consulting services, including review of development plans, including, but not limited to:

- Civil engineering plans;

- Drainage studies;

- Grading and disturbance plans;

- Traffic studies;

- Floodplain Development Applications;

- FEMA Letters of Map Revision (LOMR) and Conditional Letters of Map Revision

(CLOMR);

- Elevation certificates;

- Geotechnical reports; and

- Road engineering plans, including culverts, bridges, and compaction requirements.

Contractor shall have the professional knowledge, experience, credentials, competence, and legal authority to inspect certain elements of development improvement projects during and after construction when necessary, including, but not limited to:

- Site grading;

- Stormwater infrastructure;

- Roads, trails, driveways, sidewalks, culverts, ditch crossings, and bridges; and

- Utility conduits and supply infrastructure.

Contractor shall comply with and the work product provided under this RFP shall 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 State of Colorado Office of Information Technology (OIT) according to C.R.S. § 24-85-103 (2.5). Contractor shall also 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, incorporated in the State of Colorado technology standards. (https://www.w3.org/WAI/standards-guidelines/wcag)

4. Response Elements and Format

Qualified Contractors interested in performing the work described in this request for qualifications should submit the following information to the County in any order they choose:

a. A letter of interest.

b. Summary of Contractor’s qualifications, scope of services, and examples of similar successful client services and relationships, preferably with public sector entities.

c. Details on: firm profile, year founded, number of employees, location of office(s), and any financial conditions that may affect its service performance.

d. Proposed key staff that would be assigned to the Chaffee County account.

e. List of references of no fewer than three clients served within the past 3 years, with email and phone number contact information for primary point of contact for each.

f. Fee schedule detailing costs of staff and services, and any general terms applicable to

Contractor’s invoicing or billing. Costs should be provided as hourly rates for key personnel and summary cost estimates for any standardized and/or recurrent tasks.

g. Menu or overview of services typically provided to public sector clients.

h. A written list of proposed modifications to the County Contract (“Contract”), identifying the specific sections or paragraphs.

5. Duration of Contract and Operational Period

The County desires to engage a Contractor for on-going services for its engineering needs.

The specific terms of engagement and service performance periods, agreement duration and renewal options, as well as specific task timelines, shall be negotiated subsequent to Contractor selection and addressed within the final services agreement with the County, as applicable.

6. Costs

Contractor shall provide its fee schedule detailing costs of staff and services, and any general terms applicable to Contractor’s invoicing or billing. Costs should be provided as hourly rates for key personnel and summary cost estimates for any standardized and/or recurrent tasks. Itemized rates for labor time, travel, materials, and equipment, overhead and any other work or services, including the use and pricing for third party subcontractors. Third party work and self-work must be itemized. In addition, Contractor shall provide any proposed fee increases to the fee schedule after the initial term.

7. Response Due Date, Time, and Location

Public Notice: May 23, 2024 RFQ Document issued: May 23, 2024 RFQ Responses Due: June 14, 2024, 5:00 PM MDT RFQ review and evaluation/interviews: June 14 - 27, 2024 Recommendation to Commissioners: July 2, 2024 Negotiation of Proposal, as applicable, and Notice of Award of Contract: no later than July 16, 2024

If a contractor fails to provide the required information, their response may be disregarded.

Questions regarding this RFQ's information or specifications should be directed to Miles Cottom, Planning Director, at mcottom@chaffeecounty.org and Chad Chadwick, Chief Building Official, at cchadwick@chaffeecounty.org . All RFQ responses and material shall be kept confidential until proposal opening, at which time they will become subject to public disclosure.

8. Submit Responses to :

Qualifications responses shall be submitted to the County through the County’s BidNetDirect.com platform or emailed to mcottom@chaffeecounty.org and cchadwick@chaffeecounty.org .

Telephone or facsimile proposals will NOT be accepted.

9. Late Responses, Modifications, and Withdrawals

Responses received after: June 14, 2024, 5:00PM MDT may not be considered.

All responses and related material shall be kept confidential until responses opening, at which time they will become subject to public disclosure.

10. Acceptance of Responses and Approval of Contract mailto:mcottom@chaffeecounty.org mailto:cchadwick@chaffeecounty.org mailto:mcottom@chaffeecounty.org mailto:cchadwick@chaffeecounty.org

The County reserves the right to reject any or all responses, to further negotiate with the successful Contractor, to waive information and minor irregularities in responses or proposals received, and to accept any portion of the response or proposal if deemed to be in the best interest of the County to do so. Acceptance of a response or proposal will not impart any rights to any party including, and without limitation, rights of enforcement, equity, or reimbursement, until the Contract and all related documents are approved and properly executed.

Final acceptance of any response or proposal is contingent upon execution of the Contract attached hereto and incorporated by reference. Proposed modifications to this Contract must be set forth in a separate written document submitted with your response. Please note that the County is not able to entertain substantial edits to the Contract and no edits will be accepted to the insurance and indemnity sections of the Contract.

11. Evaluation of Responses

Qualification submissions will be evaluated by County staff and representatives. The evaluation process will rely solely on the requested information to be provided. Consequently, it is expected that successful responses will demonstrate a thoughtful and thorough response to the entire set of questions and requests for information addressed in the RFQ. Responses determined to be deficient will be eliminated from further review. Failure to adequately or completely address any question or request for information could adversely affect the evaluation. The County may, in its discretion, request clarification or additional details from any prospective Contractor.

All information submitted in response to this RFQ is public after the Notice of Award has been issued. The contractor should not include as part of the response to the RFQ any information which the contractor believes to be a trade secret or other privileged or confidential data. If the Contractor wishes to include such material with a response, then the material should be supplied under separate cover and identified as confidential. Statements that the entire response is confidential will not be honored. The County will endeavor to keep that information confidential, separate and apart from the response, subject to the provisions of the Colorado Open Records Act (“CORA”) or court order.

All information provided to the County is subject to public disclosure under CORA unless clearly identified and marked as confidential and qualifies as confidential under CORA.

Responsibility for timely submittal and routing of responses, prior to recording, lies solely with the Contractor. Responses received after the closing date and time specified will not be considered.

Minority Business Enterprises will be afforded full opportunity to submit responses or proposals in response to this invitation and will not be discriminated against on grounds of race, color, or national origin.

12.Insurance

See Contract for required insurance amounts.

13. Performance and Payment Bond

To secure performance of contractor’s obligations under the Contract, the successful Contractor shall provide County with a Performance and Payment Bond in the amount of the full Contract price.

14. Indemnification

See the Contract for required indemnities.

CHAFFEE COUNTY SERVICES CONTRACT

[CONTRACTOR NAME]

This Contract (“Contract”) is made and entered into __________________ , 2024, and is between the County of Chaffee, State of Colorado, acting by and through the Board of Commissioners of Chaffee County, Colorado (“County”) and [CONTRACTOR NAME] (“Contractor”).

The County desires to contract for the services of Contractor as an Independent Contractor pursuant to the terms and conditions of the attached Exhibit A .

In consideration of the rights and obligations specified below, the County and the Contractor agree as follows:

1. Performance of Services .

a. Scope of Services . The attached Exhibit A describes the hourly billing rate schedule for contract engineering work to be performed for Chaffee County as set forth in the attached Request for Qualifications ("Work"). Contractor is not required to observe particular working hours or work a specified number of hours. Contractor shall determine whether it possesses the sufficient training and background to carry out specific requests for services. Except as expressly provided in this Contract, Contractor will, in a good and workmanlike manner and at its own cost and expense, furnish all labor and equipment and do all work necessary and incidental to performing the Work. Contractor shall perform the Work in strict accordance with this Contract.

b. Quality of Performance . The Contractor shall perform the Contract in a manner satisfactory and acceptable to the County. The County shall be the sole judge of the quality of performance.

c. Other Activities . Contractor may engage in other activities for compensation provided they do not conflict with the responsibilities or limitations set forth in this Contract.

d. Subcontractors . Contractor may hire, at its expense, any subcontractors if approved in writing by County and provided such assistants do not, in County's sole discretion, hinder County's business.

e. Reports . Contractor has no duty to provide any reports to County except those that County deems necessary to determine the amount of fees and expenses owed to Contractor pursuant to this Contract or those required by law.

2. Independent Contractor . Contractor is an independent contractor and is responsible for all taxes (including employment taxes) and insurance applicable under existing laws with respect to the fees paid under this Contract. Contractor, in the course of retaining employees or

Services Contract

v. 33 - 1 -subcontractors for this Work, shall ensure all hiring, immigration and wage practices are in compliance with federal, state and local laws. By way of example and not limitation, temporary workers performing services under work visas shall not have wages or visas withheld in violation of federal immigration laws. Neither Contractor, nor its subcontractors, employees or agents shall have authority to bind the County in any contract or agreement. Neither Contractor, nor its subcontractors, employees, or agents will have any claim or right to participate in any retirement, bonus, welfare or benefit plans of County.

Contractor acknowledges that its employees and subcontractors are not entitled to unemployment insurance benefits or workers’ compensation benefits from the County, its elected officials, agents, or any other County benefits or compensation from any program administered or funded by the County.

3. Fees . Exhibit A details Contractor’s Fees. County shall pay such fees within thirty days of County’s receipt of Contractor’s invoice. Upon termination, County shall pay Contractor for services rendered, less any damages suffered by County as a result of termination by County for cause.

4. Expenses . Except as set forth in Exhibit A , Contractor is responsible for Contractor's expenses and overhead, including without limitation, travel, insurance, material and equipment expenses, and expenses in connection with furthering Contractor's skills or membership in professional societies and organizations.

5. Term, Termination and Related Remedies .

a. Term . This Contract is effective as of the above date and will continue through [DATE] . This Contract shall renew annually for an additional twelve (12) months under the same terms unless terminated by either party as set forth below.

b. Termination . Either party may terminate this Agreement for any reason or no reason at all by giving the other at least fifteen (15) days written notice at the address shown below.

c. Remedies . Upon termination, County's sole liability to Contractor shall be to pay compensation with respect to the work which has been completed, and County shall have the entire right, title and interest in and to such Work. If County terminates this Contract because Contractor has materially breached this Contract, County shall have all rights and remedies available at law or equity.

d. Constitutional Requirements - Fund Availability (Section 20(4)(b) of Art. X of the Constitution of the State of Colorado) . The other provisions of this Contract notwithstanding, financial obligations of County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. County is prohibited by law from making financial

v. 33 - 2 -commitments beyond the term of its current fiscal year. County has contracted for goods and/or services under this Contract and has reason to believe that sufficient funds will be available for the full term of the Contract. Where, however, for reasons beyond the control of County as the funding entity, funds are not allocated for any fiscal period beyond the one in which this Contract is entered into, County shall have the right to terminate this Contract by providing seven days written notice to the Contractor, and will be released from any and all obligations hereunder. If County terminates the Contract for this reason, County and Contractor shall be released from all obligations to perform Work and make payments hereunder, except that County shall be required to make payment for Work which has been performed by Contractor prior to the effective date of termination under this provision; and, conversely, Contractor shall be required to complete any Work for which County has made payment prior to providing written notice to Contractor of the termination.

6. Representations and Warranties . Contractor represents and warrants the following:

a. Standard of Care. Contractor warrants that services provided under this Agreement will be conducted diligently and in a manner consistent with that level of care and skill ordinarily exercised by engineers currently practicing under similar circumstances.

b. Compliance with Law . Contractor is a trained and licensed engineer in good standing with the Colorado State Board of Licensure for Professional Engineering and shall maintain professional licenses needed to perform the services herein.

Contractor shall also obtain any authorizations and permits necessary or required by law in connection with the services provided pursuant to this Contract. Contractor shall materially comply with all relevant laws, regulations and ordinances in rendering services under this Contract.

c. Insurance . Contractor has obtained and shall continue to maintain at its own expense, and without cost to County, insurance protection from a company authorized to do business in Colorado, the following kinds and minimum amounts of insurance for purposes of insuring the liability risks which the Contractor has assumed until this Contract has expired or is terminated:

i. Comprehensive General Liability in the amount not less than those limits of liability established from time to time for governmental entities under the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-114. Currently, such limits are $424,000.00 per person and $1,195,000.00 per occurrence. This coverage should be provided on an ISO 1998 Form or the most current form. Coverage to include:

1. Premises

2. Products/Completed Operations if Work includes a manufacturing operation

3. Broad Form Comprehensive, General Liability

ii. Automobile Liability. Minimum limits are required to be $1,000,000.00

v. 33 - 3 -for each occurrence. Coverage must include:

1. All vehicles owned, non-owned, and hired to be used on the Contract;

2. Medical Payments.

iii. Employer’s Liability, Workers’ Compensation and Unemployment Insurance. Contractor shall secure and maintain employer’s liability, Workers’ Compensation Insurance and Unemployment Insurance as required by applicable law.

iv. Professional Liability/Errors & Omissions. Contractor shall carry “errors and omissions” insurance coverage with a reputable insurer licensed to do business in Colorado. with limits of liability not less than $1,000,000 to cover all professional services rendered pursuant to this Contract.

v. Named Insured and Certificates of Insurance.

1. Chaffee County, at Contractor’s sole expense, shall be named as insured or additional insured on all insurance policies required under this Contract. The “additional insured” wording shall be as follows:

County of Chaffee, State of Colorado, a body corporate and politic, is named as Additional Insured.

2. Contractor shall furnish County prior to the commencement of work under this Contract and annually thereafter copies of company-issued Certificates of Insurance policies obtained by Contractor in compliance with this paragraph demonstrating that the insurance requirements have been met, and Contractor shall ensure that County is notified in writing and at least thirty days in advance of any amendment or cancellation of such policy or policies.

These Certificates of Insurance shall also contain a valid provision or endorsement that these policies may not be canceled, terminated, changed or modified without thirty days written notice to the County.

Certificates shall be forwarded to:

Dan Short, Finance Department Chaffee County P.O. Box 699 Salida, CO 81201

7. Work Ownership . This is a “work for hire” labor arrangement. All ideas, materials, products, and work prepared by, and discoveries made by Contractor in fulfillment of this Contract belong exclusively to the County. Upon termination of this Contract, all ideas, materials, products, work, and discoveries in Contractor's possession that relate to the arrangement will be delivered to the County within two weeks of termination along with written certification of the same. Upon termination, Contractor will assign to the County

v. 33 - 4 -all rights to ideas, materials, products, and work prepared by, and discoveries made by, Contractor under this Contract. This section shall survive termination of this Contract.

8. Non-discrimination . The Contractor agrees to comply with the letter and spirit of the Colorado Anti-Discrimination Act, C.R.S. § 24-34-401, et seq ., as amended, and all applicable local, state and federal laws respecting discrimination and unfair employment practices.

9. Nondiscrimination Provisions Binding on Subcontractors . In all solicitations by the Contractor for any Work related to this Contract to be performed under a subcontract, either by competitive bidding or negotiation, the Contractor shall notify each potential subcontractor of the Contractor's obligations under this Contract, and of all pertinent regulations relative to nondiscrimination and unfair employment practices.

10. Indemnification . The Contractor shall be liable and responsible for any and all damages to persons or property caused by or arising out of the actions, obligations, or omissions of the Contractor, its employees, agents, representatives or other persons acting under the Contractor's direction or control in performing or failing to perform the work under this Contract. The Contractor will defend, indemnify and hold harmless the County, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including but not limited to attorneys’ fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of the Contractor, its employees, agents or representatives, or other persons acting under the Contractor’s direction or control. In addition, the parties reserve the right to bring tort claims in the event of the discovery of an intentional fraud committed during contract performance. Nothing in this indemnification agreement shall be construed in any way to be a waiver of the County's immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq ., as amended and as may be amended from time to time. This section shall survive the termination of this Contract. As a political entity and subdivision of the State of Colorado, Chaffee County is not authorized to indemnify any party, public or private, from the claims, demands, or damages of third parties.

11. Original Creation . Contractor will defend, hold harmless and indemnify the County from and against any damages and expenses (including reasonable attorneys’ fees and expenses) in any action for infringement of intellectual property rights with respect to ideas, materials and/or products used or provided by Contractor. This section shall survive the termination of this Contract.

12. No Waiver of Breach . County’s failure to insist upon strict compliance with the provisions of this Contract will not be construed in any way as a waiver of any of County’s rights or privileges. All remedies afforded in this Contract shall be cumulative, that is, in addition to every other remedy provided in this Contract or by law.

13. Prohibition on Acceptance of Gifts . Pursuant to Section 3 of Art. XXIX of the Constitution of the State of Colorado, County Employees or contractors cannot accept any gifts, meals, theater, or sporting event tickets unless:

v. 33 - 5 -

a. the aggregate value of things received from a single source does not exceed $75/calendar year; or

b. the County employee/elected official gave the donor consideration of equal or greater value; or

c. an enumerated exception applies.

14. General Provisions .

a. Contractor Cooperation . Contractor shall cooperate and provide County all information requested by County for the purpose of submitting legally-required reports or forms to state or federal agencies including, without limitation, the Internal Revenue Service and the Colorado Department of Revenue.

b. Personal Identifiable Information . If Contractor or any of its subcontractors will or may receive Personal Identifiable Information (“PII”) as defined in CRS § 24-73-101, et seq . and as may be amended from time to time, under this Contract, Contractor shall provide for the security of such PII, in a manner and form acceptable to the County, including without limitation, all legal requirements relating to non-disclosure, 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 CRS § 24-73-103(1)(i) and shall maintain security procedures and practices consistent with CRS § 24-73-101.

c. Amendment . This Contract may be amended only by a written instrument signed by the parties to this Contract.

d. Successors and Assigns; Assignment by Contractor Prohibited . The rights and obligations of County under this Contract will inure to the benefit of and will be binding upon the successors and assigns of County. Contractor may not pledge, assign or transfer either this Contract or any of the payments or benefits under this Contract without the written consent of the County.

e. Severability . If a tribunal of competent jurisdiction determines that any provision of this Contract is void, illegal, or unenforceable, the other provisions will remain in full force and effect. Any provision determined to be void, illegal, or unenforceable will be limited so that this Contract will remain in effect to the fullest extent permissible by law.

f. Breach . Any waiver of a breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. All remedies afforded in this Contract shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law.

g. Termination of Prior Agreements . This Contract cancels and terminates, as of its effective date, all prior agreements between the parties relating to the services covered by this Contract, whether written or oral or partly written and partly oral.

v. 33 - 6 -

h. Third Party Beneficiary . The enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement shall be strictly reserved to the County and the Contractor, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this Contract that any person receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.

i. Notices . All notices shall be in writing. Notices will be deemed to have been duly given if delivered personally or if mailed via certified mail (return receipt requested and postage prepaid) and confirmed by such certified mail receipt, given by facsimile or e-mail confirmed by receipt, or sent by courier confirmed by receipt, addressed to the party at the address set forth below or at such other address as either party may designate to the other in accordance with this Section. Notices shall be deemed to be given on the date of receipt, except that if delivery is refused, notice shall be deemed given on the fifth (5 th ) day after it is sent.

j. Counterparts . The parties may execute this Contract in any number of counterparts, each of which will be deemed an original.

k. Statutory Requirements . This Contract is subject to all statutory requirements that are or may become applicable to counties or political subdivisions of the State of Colorado generally. Without limiting the scope of this provision, the Contract is specifically subject to the following statutory requirement:

Contract payments may be withheld pursuant to C.R.S. § 38-26-107 if the County receives a verified statement that the Contractor has not paid amounts due to any person who has supplied labor or materials for the project.

l. Entire Agreement . All exhibits to this Contract and provisions set forth in County’s Request for Proposal and Contractor’s responses to County’s Request for Proposal, if any, together with any alterations and/or modifications, are incorporated as part of this Contract and such represent the entire agreement between County and Contractor with respect to the transactions contemplated by this Contract and supersede all previous negotiations, commitments, letters of intent and other writings.

m. Priority of Provisions . In the event that any terms of this Contract and any Exhibit, attachment, or other referenced document are inconsistent, the following order of priority shall control:

1 st : This Contract unless otherwise provided for in a subsequent agreement 2 nd : Request for Proposal (if applicable) 3 rd : Insurance Requirements 4 th : Exhibit A - Scope of Services and details of Contractor’s Fees 5 th : Response to Request for Proposal (if applicable)

n. Colorado Open Records Act . All information provided under this Contract is subject to public disclosure under the Colorado Open Records Act (“CORA”) or the Colorado Criminal Justice Act (“CCJRA”) unless clearly identified and marked as confidential and qualifies as confidential under CORA or CCJRA.

v. 33 - 7 -

o. Compliance with Colorado Accessibility Standards . Contractor shall comply with and the work product provided under this RFP shall 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 State of Colorado Office of Information Technology (OIT) according to C.R.S. § 24-85-103 (2.5). Contractor shall also 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, incorporated in the State of Colorado technology standards.

(https://www.w3.org/WAI/standards-guidelines/wcag)

p. Controlling Law and Jurisdiction . The interpretation and performance of this Contract shall be construed under the laws of Colorado, without regard to choice of law principles. In the event of litigation, jurisdiction and venue shall be in the Chaffee County District Court.

Contractor Board of Commissioners of Chaffee County

By: By:

Print Name: P.T. Wood, Chairman Title:

Federal ID #:

Notice Address : Notice Address :

Attention: County Attorney P.O. Box 699 Salida, Colorado 81201

Fax: Fax: 719.539.7442

v. 33 - 8 -