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HomeMy WebLinkAboutC11-312 TCC Roofing ON -CALL SERVICES AGREEMENT
BETWEEN
EAGLE COUNTY AND TCC ROOFING CONTRACTORS, INC.
THIS AGREEMENT, made this I day of September, 2011, by and between Eagle County
( "County "), and TCC Roofmg Contractors, Inc. ( "Contractor "), a Colorado Corporation
organized and existing by virtue of the laws of the State of Colorado and with an office and
principal place of business at 775 Chambers Ave., Eagle, Colorado 81631,
WITNESSETH:
WHEREAS, County desires to utilize Contractor for on -call roofing services (the "Work "), and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has experience
and expertise necessary to perform the Work for County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the
responsibilities of Contractor in connection with the Work and related terms and conditions to
govern the relationship between Contractor and County in connection with this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the following promises,
County and Contractor agree as follows:
ARTICLE 1 - WORK
Contractor shall complete all Work as requested by County. The Work generally shall consist of
roof repair and installation, small projects, and emergency response assistance to the County's
Facilities Management Department. The Contactor shall provide all labor, tools, materials and
services to perform the Work.
ARTICLE 2 - COUNTY'S REPRESENTATIVE
The project is under the authority of the Eagle County Public Works Department, the Director of
which, or his designee, shall be County's contact with Contractor with respect to the performance
of the Work.
ARTICLE 3 -TERM OF AGREEMENT
This Agreement shall commence on the date first above written, and, subject to the provisions of
Articles 7 and 11 hereof, shall continue in full force and effect for a period of 1 year, commencing
with the effective date of this Agreement. This Agreement may be extended for up to three
additional one year terms beyond the time referred to in this Section on terms and conditions as
may be mutually agreed between the parties in writing.
1
ARTICLE 4 — PAYMENT FOR THE WORK
4.1 For the Work provided hereunder, County shall pay to the Contractor according to the fee
schedule set forth in Contractor's "Proposal for Eagle County Roofing Contractors" on thereof
designated "Fee Schedule & Budget" (copy of Proposal attached as Exhibit A and made a part
hereof by this reference), which Proposal was submitted to County by Contractor in response to
County's "Request for Proposal Roofing Contractor Service for Eagle County, Colorado dated
June, 2011 (copy of Request attached as Exhibit B and made a part hereof by this reference).
Charges for Work satisfactorily performed will be paid within thirty (30) days of receipt of a
proper and accurate invoice from Contractor respecting Work. The invoice shall include a
description of services performed. Upon request, Contractor shall provide County with such other
supporting information as County may request.
4.2 County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
ARTICLE 5- CONTRACTOR'S REPRESENTATIONS
In order to induce County to enter into this Agreement, Contractor makes the following
representations:
5.1 Contractor has familiarized himself with the Work, locality, and with all local conditions,
and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost,
progress, or performance of the work.
5.2 Contractor will make, or cause to be made, examinations, investigations, and tests as he
deems necessary for the performance of the Work in accordance with other terms and conditions
of this Agreement.
5.4 To the extent possible, Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports, and data with the terms and conditions of this
Agreement.
ARTICLE 6 — TABOR ACT
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31, 2011 without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
§ 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
ARTICLE 7 - PROVISIONS MANDATED BY C.R.S. § 8- 17.5 -101 et seq.
If Contractor has any employees or subcontractors, Contractor shall comply with CR.S. § 8 -17.5-
2
101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this Agreement. By
execution of this Agreement, Contractor certifies that it does not knowingly employ or contract
with an illegal alien who will perform under this Agreement and that Contractor will participate in
the E- verify Program or other Department of Labor and Employment program ("Department
Program ") in order to confirm the eligibility of all employees who are newly hired for
employment to perform Work under this Agreement.
A. Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this Agreement for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under the public contract for services.
B. Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Agreement through
participation in the E- verify Program or Department Program, as administered by
the United States Department of Homeland Security. Information on applying for
the E -verify program can be found at:
http: / /www.dhs.gov /xprevprot /programs /gc 1185221678150.shtm
C. Contractor shall not use either the E- verify program or other Department Program
procedures to undertake pre - employment screening of job applicants while the
public contract for services is being performed.
D. If Contractor obtains actual knowledge that a subcontractor performing work under
the public contract for services knowingly employs or contracts with an illegal
alien, Contractor shall be required to:
(i) Notify the subcontractor and the County within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of the paragraph
(D) the subcontractor does not stop employing or contracting with the
illegal alien; except that the Consultant shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed
or contracted with an illegal alien.
E. Contractor shall comply with any reasonable request by the Department of Labor
and Employment made in the course of an investigation that the department is
undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5).
3
F. If Contractor violates these prohibitions, County may terminate the Agreement for
a breach of the contract. If the Agreement is so terminated specifically for a
breach of this provision of this Agreement, Contractor shall be liable for actual and
consequential damages to County as required by law.
G. County will notify the office of the Colorado Secretary of State if Consultant
violates this provision of this Contract and the County terminates the Contract for
such breach.
ARTICLE 8 - ATTORNEYS FEES
In the event of litigation between the parties hereto regarding the interpretation of this Agreement,
or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to
recover damages for breach of this Agreement, or an action be brought for injunction or specific
performance, then and in such events, the prevailing party shall recover all reasonable costs
incurred with regard to such litigation, including reasonable attorney's fees.
Invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision was omitted.
ARTICLE 9 - JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the
parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth
Judicial District for the State of Colorado.
ARTICLE 10 - INDEMNIFICATION
The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County
and any of its officers, agents and employees against any losses, claims, damages or liabilities for
which County or any of its officers, agents, or employees may become subject to, insofar as any
such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or
are based upon any performance or nonperformance by Contractor hereunder; and Contractor
shall reimburse County for any and all legal and other expenses incurred by County in connection
with investigating or defending any action.
ARTICLE 11 - TERMINATION
County may terminate this Agreement, in whole or in part, for any reason, at any time, with or
without cause. Any such termination shall be effected by delivery to Contractor of a written
notice of termination specifying the reason and date upon which termination becomes effective.
In such event, Contractor shall be compensated for all Work satisfactorily completed up to the
date of termination for such Work.
ARTICLE 12 - NOTICE
Any notice required under this Agreement shall be personally delivered, mailed in the United
States mail, first class postage prepaid, or sent via facsimile provided an original is also
promptly delivered to the appropriate party at the following addresses:
4
The County: Eagle County Facilities Management
P.O. Box 850 Eagle, Colorado 81631
(970) 328 -8881 (phone)
(970) 328 -3539 (fax)
and a copy to: Eagle County Attorney
P.O. Box 850 Eagle, Colorado 81631
(970) 328 -8699
The Contractor: TCC Roofing Contractors, Inc. (attn. George Sisneros)
PO Box 2123
775 Chambers Avenue
Eagle, Colorado 81631
(970) 328 -2340 (phone)
(970) 328 -2077 (fax)
Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and
confirmed received or, if transmitted after normal business hours, on the next business day after
transmission, provided that a paper copy is mailed the same date.
ARTICLE 13 - INDEPENDENT CONTRACTOR
It is expressly acknowledged and understood by the parties hereto that nothing contained in this
Agreement shall result in, or be construed as establishing, an employment relationship. Contractor
shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor,
employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or
servant of County. Contractor shall be solely and entirely responsible for its acts and for the acts
of its technicians, agents, employees, and servants during the performance of this Agreement.
Contractor shall not represent, act, purport to act or be deemed the agent, representative,
employee or servant of County.
ARTICLE 14 - ASSIGNMENT
No assignment by a party hereto of any rights under will be binding on another party hereto
without the written consent of the party sought to be bound; and specifically, but without
limitation, moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under this Agreement.
County and Contractor each binds itself, its partners, successors, assigns and legal representatives
to the other party hereto, in respect to all covenants, agreements, and obligations contained in this
Agreement.
ARTICLE 15 — INSURANCE
15.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its
own behalf in the following minimum amounts:
Workmen's Compensation, disability benefits, and other similar employee benefit acts,
with coverage and in amounts as required by the laws of the State of Colorado;
5
Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for
bodily injury and $1,000,000 for property damage, each occurrence. All liability and
property damage insurance required hereunder shall be Comprehensive General and
Automobile Bodily Injury and Property Damage form of policy.
Comprehensive liability and property damage insurance issued to and covering Contractor
and any subcontractor with respect to all Work performed under this Agreement and shall
also name County as an additional insured, in the following minimum amounts:
Bodily Injury Liability:
Each Person: $1,000,000
Each Accident or Occurrence: $1,000,000
Property Damage Liability:
Each Accident or Occurrence: $1,000,000
15.2 Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to County upon execution of this Agreement.
COUNTY OF EAGLE, STATE OF
COLORADO
B . it Montag, County Mana •
TCC ROOFING CON ' • TORS, INC
By: George isneros, General Manager
6
AS ©
R ® CERTIFICATE OF LIABILITY INSURANCE 9/21/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Erin n Threlkeld CRIS
Moody Insurance Agency, Inc. (pHCNNflFxtt. (303)824 -6600 FAX Nol:(303)370 -0118
8055 East Tufts Avenue � E -MAIL ethrelkeld@modyins.com
_ _ _ AnnRFS,R. y
Suite 1000 —7------7
"' L �'� INSURER(S) AFFORDING COVERAGE NAIC
Denver CO 80237 INsuRERA:Com. anion Specialty Insurance 13124
INSURED - `�`� r INSURERB:Cincinnati Insurance Companies
TCC Contractors, Inc. Wes, "' INSURERCNational Union Fire Insurance
P 0 Box 2123 ,t -Qn INSURERD:Pinnacol Assurance 41190
-Ac E - I - INSURERS :
Eagle CO 81631 INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR T YPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS
LTR INSR WYE) POLICY NUMBER IMM/DOIYYYY) IMMIDD /YYYYI
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY PRaoNTED
PREEMIMI ESES S ( (Ea occurrence) $ 50,000
A CLAIMS-MADE X OCCUR VGL1131332 9/1/2011 9/1/2012 MED EXP (Any one person) $ EXCLUDED
PERSONALS. ADV INJURY_ $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
7 POLICY X 7I LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
X ANY AUTO BODILY INJURY (Per person) $
a
ALL OWNED SCHEDULED CPP1076533 9/1/2011 9/1/2012 BODILY INJURY (Peraccident) $
AUTOS AUTOS
X HIRED AUTOS X AUTOSWNED ( PROPERTY t DAMAGE $
$
UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000
C x EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000
DED X RETENTION$ 0 8E011133026 9/1/2011 9/1/2012 $
D WORKERS WC STATU- IOTH-
AND EMPLOYERS' LIABILITY YIN TORY I IMITS FR
ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ 1,000,000
OFFICER /MEMBER EXCLUDED? J NIA 4108033 9 /1/2011 9/1/2012
(Mandatory in NH) Et. DISEASE - EA EMPLOYE $ 1,000,000
If yyes describe under
DESG�RIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT I $ 1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 1 D1, Additional Remarks Schedule, If more space Is required)
CERTIFICATE HOLDER CANCELLATION
(970)328 -8881 19703288881 @myfax.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Eagle County ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 850
Eagle, CO 81631 AUTHORIZED REPRESENTATIVE
E Threlkeld, CRIS /CHR _-tit A_ _t_tA
ACORD 25 (2010105) O 1988 -2010 ACORD CORPORATION. All rights reserved.
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Statement of Interest and Proposal
Eagle County, Colorado
REQUEST FOR PROPOSAL
ROOFING CONTRACTOR SERVICES FOR
EAGLE COUNTY
Eagle, Colorado September, 2011
Eagle County is soliciting request for proposals and experience from Roofing Contractors for on call general
services. Services to be provided include roof repair and installation, small projects, and emergency response
assistance to Facilities Management. Selection will be based on an evaluation of factors including recent
experience in public facility projects, local knowledge of the region, reputation, background capacity to
respond to after regular business hour needs, qualification of service staff, familiarity with the Eagle County,
cost and degree of interest shown.
Sealed request for proposals will be received at the Facilities Management Office, P.O. Box 850, Eagle
Colorado, 81631 or 3289 Cooley Mesa Road, Gypsum Colorado, 81637, until 3:00 p.m., local time,
Friday September 16, 2011. Any request for proposals received after this time will be returned unopened.
Proposals will be evaluated only from those firms that meet the minimum criteria as set forth in the complete
Request for Proposals document.
The Request for Proposals document may be obtained at the Facilities Management Office, 3289 Cooley Mesa
Road, Gypsum Colorado, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, by calling
personnel at 970/328 -8880, by facsimile request to 970/328 -3539, or by return e-mail only. The complete
document is also available at www.eaglecounty.us.
The Request for Proposals notice is being published in the Vail Daily and the Eagle Valley Enterprise.
71T
Page 1
Statement of Interest and Proposal
Eagle County, Colorado
REQUEST FOR PROPOSAL
ROOFING CONTRACTOR SERVICES FOR
EAGLE COUNTY, COLORADO
Eagle, Colorado June, 2011
I. PROJECT DESCRIPTION
Eagle County ( "County ") is soliciting request for proposals and experience from Roofing
Contractors for on call general services. Services to be provided include roof repair and installation,
small projects and emergency response assistance to Facilities Management. The purpose of this
request is to procure a team for miscellaneous repairs and small projects to react quickly to the ever
changing needs of staff and services provided by the County. The County has numerous facilities in
the Eagle and Roaring Fork Valleys.
Services must include the following professional disciplines and specialty areas:
ROOFING:
Knowledge of different roof types and the correct repairs and installation of each is required.
Availability to respond to emergency service calls is mandatory.
II. OBJECTIVE OF THE REQUEST
The objective of the request is to select highly - qualified, full service contractors or team to assist
Facilities Management. The Request for Proposals documentation submitted and possible
individual contractor or team interviews shall serve as the basis for selection.
General information is provided to prospective firms concerning the Request for Proposals and the
awarding of the agreement for emergency and non - emergency on call services. The Request for
Proposals document is not intended to completely define the selection or contractual relationship to
be entered into by the County and the successful firm.
The "Scope of Work" requirements are undetermined as they are based on the various projects and
events. Therefore the selected will be required to enter into an agreement based on hourly service
rates. Proposed hourly rates and other expenses will be submitted for our review and consideration
during the selection process. The final "Scope of Work" and "Fee Schedule" will be negotiated and
agreed upon by the selected firm and the County during fee negotiations.
The term of the agreement will be for the duration of one year with a renewable option and updated
fee negotiations for up to three additional term years.
III. SELECTION CRITERIA
Respondents should address each of the evaluation criteria listed below and provide specific
examples of projects they have undertaken that demonstrate their qualifications:
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Statement of Interest and Proposal
A. General Approach to the Project: Provide a narrative or other form to explain your intended
approach to the overall service needs of the County.
B. Experience: Each firm will be evaluated based on its overall experience providing on call services
for public building and residential projects, experience with construction in mountain
environments and experience with local government projects and regulations. Evaluation of
experience will include the following.
1. Resumes of the proposed members of the team who will be committed to the project.
Resumes must include a description of the person's qualifications, professional licensing
and past experience with similar projects.
2. The firm's experience in providing on call services for public and other building
facilities. Provide specific examples of similar or larger projects and all
applicable contact information, including owner and other parties.
C. Schedule and Budget Constraints: Provide a detailed fee schedule for services. Identify your
ability to undertake and respond in a timely manner to intermittent requests for services.
D. Practices and Procedures: The firms on call and emergency response procedures, quality
assurance and follow up procedures.
E. Familiarity with the Eagle County: Provide a narrative describing familiarity with Eagle County
and the government offices and people in this region, familiarity with local construction
conditions, codes and practices.
F. Legal Issues: Are any lawsuits; Federal, State or Local tax liens; or any potential claims or
liabilities pending against you, your firm or the officers of the firm at this time? If yes, please
explain.
IV. METHOD OF AWARD
All proposals will be reviewed by Eagle County and any other review as determined to be necessary.
Firms may be asked to supplement their initial proposals with additional written material. The
County may short-list firms based upon an evaluation of the written submittals. The County may
then arrange for in- person interviews with each firm.
The County reserves the right to award this Contract to the firm that demonstrates the best ability to
fulfill the requirements of the project. The successful firm will be chosen based on the
qualifications, selection criteria evaluation and possible interview.
The firm selected will be given the first right to negotiate an Agreement acceptable to the County.
In the event that an Agreement satisfactory to the County cannot be reached, the County may enter
into negotiations with one or more of the remaining firms. The successful firm shall commence
work only after execution of an acceptable Agreement and approval of insurance certificates. The
successful firm will perform all services indicated in the proposal in compliance with the negotiated
Agreement.
V. EAGLE COUNTY GOVERNMENT RIGHTS
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Statement of Interest and Proposal
The County reserves the right to reject all or portions of any or all Request for Proposals, to waive
irregularities and technicalities, to re- advertise, or to proceed to provide the services otherwise, in
the best interest of the County. The County may, at is sole discretion, modify or amend any and all
provisions herein. The County will not pay for any information herein requested, nor is it liable for
any costs incurred by the participating firm.
The County reserves the right to extend the Request for Proposals submittal date if needed. All
changes and /or clarifications will be distributed to all firms indicating interest in the form of
addenda. A list of firms and others who have been issued Request for Proposals documents will be
made available upon request.
VI. INSURANCE REQUIREMENTS
Prior to the commencement of performance, the successful firm / joint venture shall furnish to the
County a certificate of insurance for workers' compensation and general liability, with limits of not
less than $1,000,000.
VII. PROPOSAL MEETING /INQUIRIES
Any questions related to this request must be directed to the Eagle County Facilities Management
Department, Attention Ron Siebert, Project Manager, (EMAIL: ron.siebert@eaglecounty.us; FAX
NO. 970 - 328 - 3539). Inquiries must be made in writing and submitted no later than 3:00 pm
Monday, September 12, 2011. Questions answered verbally will be followed up by written
addenda as deemed necessary; oral interpretations shall have no effect.
VIII. SUBMISSION CRITERIA:
Firms interested in performing the professional services requested must submit the
following information:
1. Three (3) copies of their proposal.
2. Fee Schedule to provide these services for this project and hourly rates in
advance of defining the scope of work.
Proposals shall be addressed to:
Eagle County Facilities Management Department
ATTN: Ron Siebert, Project Manager
Mail: PO Box 850
Eagle, CO 81631 -0850
Physical: 3289 Cooley Mesa Road, Bldg A
Gypsum, CO 81637
All proposals shall be received by Friday September 16, 2010, at 3:OOpm., local time.
Proposals may be sent via US Mail, FedEx, UPS, or hand delivered. Faxed or emailed
proposals will not be accepted. Any statement of qualifications received after this time will
be returned unopened. Proposals will be evaluated by a selection committee. A limited
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Statement of Interest and Proposal
number of qualified firms may be selected for a detailed presentation of their proposal for
review and final consultant selection. The County reserves the right to reject any or all
proposals.
Page 5