RFP James.011_Engineering Services for Water System Upgrades
TOWN OF JAMESTOWN JAMESTOWN, COLORADO REQUEST FOR PROPOSALS RFP NO. James.011 Engineering Services for Water System Upgrades SUBMIT TO TOWN OF JAMESTOWN TOWN HALL PO BOX 298 118 MAIN STREET JAMESTOWN, CO 80455 SUBMITTAL DUE DATE Thursday April 2, 2015 10:00 a.m. 1 REQUEST FOR PROPOSAL The Town of Jamestown is seeking proposals from qualified vendors for the design of upgrades to the portions of the water distribution system and the water treatment plant (WTP). Specifications and a sample contract are attached. The Town of Jamestown Water Committee (Town Water Committee), in conjunction with the Town Board will be reviewing the submitted responses to this Request for Proposals and awarding to the responsible proposer whose submittal, conforming to the Request for Proposals, will be most advantageous to the Town of Jamestown, price and other factors considered. Written Inquiries All inquiries regarding this RFP shall be submitted to the Town at [email protected] on or before 4:00 p.m. March 19, 2015. A response from the Town to all inquiries shall be sent via email on or before 2:00 p.m. March 23, 2015. Submittal Instructions Submittals are due at the Town Clerk’s Office, or the email box listed below, for time and date recording on or before 10:00 a.m. Mountain Time on Thursday, April 2, 2015. Your response can be submitted in the following ways. Please use the Delivery Receipt option to verify receipt of your email. E-Mail [email protected] identified as RFP James.011 Water System Upgrades in the subject line. -ORUS Mail Six (6) copies of your submittal in a sealed envelope, clearly marked as RFP # James.011 Water System Upgrades, to the Jamestown Town Clerk’s Office, located in the Jamestown Town Hall at 118 Main Street, Jamestown, CO 80455. Please allow at least 2 working days for delivery of USPS Priority and Express Mail and send to PO Box 298 Jamestown, CO 80455. All responses to this Request for Proposals must be received and time and date recorded by authorized Town staff by the above due date and time. Sole responsibility rests with the Proposer to see that their RFP response is received on time at the stated location(s). Any responses received after due date and time may be returned to the Proposer. The Town of Jamestown reserve the right to reject any and all proposals, to waive any informalities or irregularities therein, and to accept the proposal in whole, or portions of the proposal that, in the opinion of the Town Water Committee or the Jamestown Board of Trustees, is in the best interest of the Town of Jamestown, State of Colorado. 2 Americans with Disabilities Act (ADA): If you need special services provided for under the Americans with Disabilities Act, contact the Jamestown Town Clerk at 303-449-1806 at least 48 hours before the scheduled event. MANDATORY PRE-PROPOSAL MEETING AND SITE VISIT: A mandatory Pre-Proposal Meeting will be held onsite on Monday, March 16, 2015 at 1:00 pm MDT. Interested parties will meet at the Jamestown Town Hall at 118 Main St., Jamestown, CO 80455. Project locations throughout the Town, including the water treatment plant site and the storage tank sites, will be visited at that time. Please arrive promptly! All proposers must have an employee of their firm sign-in and attend the mandatory preproposal walk through meeting. Failure to do so may deem your proposal non-responsive. Personal Protective Equipment (PPE): For your safety, attendees shall bring and wear hard hats, safety vests, and closed-toed shoes, for use at the water treatment plant where construction is underway. Project Schedule Day$ Date$ Time$ Monday' March'9,'2015' 10:00'AM' Advertise'RFP' Monday' March'16,'2015' 1:00'PM' Mandatory'pre=proposal'site'visit' Thursday' March'19,'2015' 4:00'PM' Submit'written'questions' Monday' March'23,'2015' 2:00'PM' Responses'posted' Thursday' April'2,'2015' 10:00'AM' Proposals'due'in'Jamestown'' Monday' April'6,'2015' 6:00'PM' Jamestown'Board'meeting'for'Consultant'Selection' Tuesday' April'7,'2015' COB' Tuesday' April'14,'2015' 2:00'PM' Meeting'to'review'design'to'budget' Tuesday' April'21,'2015' 2:00'PM' Meeting'to'review'design'criteria' Tuesday'' May'12,'2015' 2:00'PM' Meeting'to'review'60%'design' Thursday' May'28,'2015' 2:00'PM' Meeting'to'review'90%'design' Monday' June'15,'2015' 10:00'AM' Advertise'ITB' Friday' June'19,'2015' 2:00'PM' Mandatory'pre=bid'site'visit' Thursday' June'25,'2015' 4:00'PM' Submit'written'questions' Monday' June'29,'2015' 2:00'PM' Responses'posted' Thursday' July'9,'2015' 2:00'PM' Bids'due'in'Jamestown' Monday' July'13,'2015' 6:00'PM' Jamestown'Board'meeting'for'Contractor'Selection' Tuesday' July'14,'2015' COB' Issue'Notice'of'Award'' Tuesday' July'21,'2015' 2:00'PM' Issue'Notice'to'Proceed' Tuesday' August'18,'2015' COB' Substantial'completion'Mesa'St.'' September'30,'2015' COB' Substantial'completion'entire'project' Wednesday' Description$ Issue'Notice'of'Award'and'Notice'to'Proceed' 3 Terms and Conditions 1. Proposers are expected to examine the available drawings, specifications, schedule of delivery, and all instructions. Failure to do so will be at the proposer’s risk. 2. Each proposer shall furnish the information required in the proposal. 3. The Contract/Purchase Order will be awarded to that responsible proposer whose submittal, conforming to the Request for Proposals, will be most advantageous to the Town of Jamestown, price and other factors considered. 4. The Jamestown Board of Trustees and the Jamestown Water Committee reserve the right to reject any and all proposals, to waive any informalities or irregularities therein, and to accept the proposal in whole, or portions of the proposal that, in the opinion of the Board and the Water Committee, is in the best interest of the Town of Jamestown, State of Colorado. 5. No submittal shall be withdrawn for a period of sixty (60) days subsequent to the opening of RFPs without the consent of the Town of Jamestown Board of Trustees, Jamestown Water Committee or delegated representative. 6. A contract furnished to the successful proposer results in a binding contract without further action by either party. 7. Late or unsigned RFPs will not be accepted or considered. It is the responsibility of proposers to insure that the RFP arrives in the office of the Jamestown Town Clerk prior to the time indicated in the “Request for Proposal.” 8. The proposed price shall be exclusive of any Federal or State taxes from which the Town of Jamestown is exempt by law. 9. Any interpretation, correction or change of the RFP documents will be made by Addendum. Interpretations, corrections and changes of the RFP documents made in any other manner will not be binding, and proposer shall not rely upon such interpretations, corrections and changes. The Town’s Representative will not be responsible for oral clarification. 10. Confidential/Proprietary Information: RFPs submitted in response to this “Request for Proposal” and any resulting contract are subject to the provisions of the Colorado Public (Open) Records Act, 24-72-201 et.seq., C.R.S., as amended. Any restrictions on the use or inspection of material contained within the proposal and any resulting contract shall be clearly stated in the RFP itself. Confidential/proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal, in its entirety, nor proposed price information will be considered confidential/proprietary. Any information that will be included in any resulting contract cannot be considered confidential. 4 SPECIFICATIONS RFP # James.011 Engineering Services for Upgrades to the Water System The Town of Jamestown’s (Town) water system is in the final stages of the reconstruction efforts that were initiated following the September 2013 flood, and by issuance of this Request for Proposals (RFP) is beginning the Water System Upgrades project. The schedule for the design of the water system upgrades is nine (9) weeks from award. Critical milestones for the upgrade project are Notice of Award and Notice to Proceed on April 7, 2015, final bid documents completed and submitted to the Town on or before June 9, 2015, bid advertisement on or before June 15, 2015, substantial completion on or before August 18, 2015 for the Mesa St. Water Distribution System upgrades, and on or before September 30, 2015 for the entire project. The Town of Jamestown is seeking proposals from Professional Engineering firms with demonstrated experience in the design, construction and retrofitting of municipal water distribution systems, the design construction and retrofitting of municipal water treatment plans, delivering projects on time and on budget, and managing the design to meet a specified construction cost estimate. By means of this RFP, the Town is seeking a qualified professional engineering consulting firm to design and prepare construction plans and bid documents, with all necessary documentation for project permitting on the federal, state and local levels for permanent upgrades to the water distribution system and WTP. Services will include all those required for engineering design, including relevant permitting, surveying, geotechnical investigation, preparation of bid documents (plans and specifications), field engineering and construction inspection to meet the requirements of DOLA, Town of Jamestown, CDPHE, AWWA and other Federal, State and local entities. (See Town of Jamestown Ordinance #3, Series 2010 for water distribution repairs on the Town of Jamestown website http://jamestownco.org/files/2013/12/2010-Ord-3-Water-Works.pdf and the Town of Jamestown Water Ordinance #1, Series 2015, adopted March 2, 2015) The selected consultant will be required to provide field engineering services associated with the upgrades for the water distribution system upgrades and WTP upgrades under separate negotiated Task Orders. Community outreach with property owners that will be impacted by the construction and regular coordination meetings shall be considered part of the project process and the Consultant should consider these activities as integral to the project. BACKGROUND Jamestown is a mountain community located approximately 15 miles from Boulder up Left Hand and James Canyon roads. The Jamestown Water System provides potable water to the Town of ~300 residents. Beginning in 2009, preliminary engineering reports (PERs) were written that identified deficiencies in the treatment and distribution portions of the system and contained selected alternatives to upgrade theses systems. The PERs were the basis for a grant the Town received from the Department of Local Affairs (DOLA) in August of 2013 to upgrade portions of the water system. 5 In September 2013, right after the DOLA grant was received, Jamestown was severely impacted by extensive flooding and the DOLA project was put on hold. During the September 2013 flood, a large portion of the water system was destroyed, including portions of the WTP and the distribution system. Beginning in February of 2014, reconstruction of the water system commenced. Reconstruction included replacing approximately 5000 lf of water mains and 50 services connections, replacement of the slow sand filter media, reconstruction of the James Creek intake, reconstruction of the infiltration gallery, replacement of the sand settling chamber with a roughing filter, installation of new electrical components, and reconstruction of the site, As of January 2015, all of the distribution system repairs have been completed and the repairs at the WTP are scheduled for completion by April 2015. In the fall of 2013, the DOLA project was re-envisioned to address components of the system that had not been impacted by the flood. Now, as the FEMA water system reconstruction projects reach completion, work on the DOLA project is set to begin. All costs associated with this project (e.g. engineering, project management, services during construction, construction, change orders, unforeseen conditions, etc.) will be funded by the grant the Town received from DOLA. As the Town does not have another funding mechanism for any part of the water system upgrade project, cost containment is required for successful completion of this project. WATER SYSTEM DESCRIPTION AND OPERATION The water system consists of a slow sand filter WTP, which treats surface water and ground water under the direct influence of surface water (GWUDISW), and a distribution system that conveys water throughout the Town. The WTP is located on Ward St. on the north side of James Creek (~elevation 6981). The WTP consists of a minimally heated concrete building that houses two slow sand filters, sodium hypochlorite chemical storage and feed system, a chlorine contact chamber, a clearwell, and associated piping, controls and electrical facilities. Immediately adjacent to the WTP building is a dual train roughing filter, filter-to-waste (FTW) facilities, infiltration gallery, and surface water intake. All of the exterior facilities are currently in the process of re-construction, and the WTP is operating off of a temporary intake in James Creek. In the reconstructed WTP, raw water from James Creek will be conveyed through a Coanda screen, pumped into a roughing filter for pre-treatment and then fed by gravity into the WTP where it will be treated through the slow sand filters. Raw water from the infiltration gallery, also located at the WTP site, will be pumped either directly into the WTP or into the roughing filter and then into the WTP. Filter effluent is disinfected with sodium hypochlorite (12%) in a serpentine chlorine contact chamber, which is connected to a clearwell. Two vertical turbine pumps are installed in the clearwell to pump disinfected water from the WTP into the distribution system. Filter-to-waste from the slow sand filters is recycled back to the head of the roughing filter, where it is combined with raw water from either James Creek or the infiltration gallery. 6 The distribution system consists of water storage tanks, water distribution mains, and approximately 100 service connections. Two potable water storage tanks, one 70,000 gal and one 150,000 gal provide a combined storage capacity of approximately 220,000 gal. The tanks are located south of the WTP at the highest point in the distribution system (base elevation ~7200; high-water elevation ~7226). Each storage tank has a one combined inlet/outlet pipe and neither tank is baffled or has any sort of positive mixing. The distribution system piping is approximately 7,000 lf of 2-inch through 6” ductile iron (DI) and high density polyurethane (HDPE) water mains that provide potable water to approximately 100 service connections. The difference in elevation from the highwater level in the storage tanks to the lowest point in the distribution system is approximately 275 ft (~125 psi). The water system is all one zone, without any pressure reducing stations, so pressures at the low points in the system are very high, necessitating individual service connections to provide individual pressure reduction valves (PRVs). The two slow sand filters at the WTP are operated in parallel during the summer when demand is high (~40,000 to 60,000 gpd) and in series during the winter when demand is low (~10,000 to 20,000 gpd). As currently installed, only one high-lift pump is wired into the original WTP control panel. The second (standby) pump can only be used when the wiring is disconnected from the first pump and connected to the second pump. The current electrical system at the WTP supports the electronic portion of all devices and the treatment equipment. The power that is delivered by Xcel to the WTP fluctuates and has caused issues with the controls and equipment. Some of the new equipment that was installed as part of the system re-building has uninterrupted power supplies (UPS) and individual surge protectors, but not all equipment is currently protected. PROJECT DESCRIPTION The project area encompasses multiple project sites within the Town including the WTP located on Ward St.; the storage tanks located on National Forest Service property off of Gillespie Rd.; and the following streets: Mesa St., Spruce and 15th. The project components are described below. • Valves and piping – Replacement of components and modifications to the distribution system as follows: o Mesa St. – Replacement of approximately 2000 lf of 4-inch DIP water main with 6-inch DI or HDPE pipe; 24 service connections including corporation stops, piping (within the road right-of-way (ROW) and approximately10 ft into private property to transition from the new water main depth to the existing service line depth), and curb box; replacement of two (2) 4-inch fire hydrants and the addition of two (2) new hydrants with 6-inch fire hydrants; and replacement of two (2) 4inch gate valves with 6-inch gate valves. o Spruce St. - Replacement of approximately 235 lf of 2-inch galvanized pipe water main with 4-inch DI or HDPE pip; three (3) service connections, including 7 • • • corporation stops, piping (within the ROW and approximately10 ft into private property to transition from the new water main depth to the existing service line depth), and curb box; and the addition of a 4-inch flushing hydrant. o 15th St. - Replacement of approximately 360 lf of 2-inch galvanized water main with 6-inch DI or HDPE pip; five (5) service connections including corporation stops, piping (ROW and approximately10 ft into private property to transition from the new water main depth to the existing service line depth), and curb box; and the addition of a 6-inch fire hydrant. Service connections – Evaluate all service connections to be replaced and identify approaches to preserve existing landscaping on private property. The Town will follow up with all property owners to obtain pre-approval for construction of the portion of the service on their property. Storage tanks – Upgrades to the two water storage tanks as follows: o Mixing systems for installation in both water storage tanks o Inspection of the large 150,000 gallon storage tank o Sanding and painting of the center pole in the 150,000 gallon tank Water treatment plant – Upgrades to the water treatment plant as follows: o Switch gear and controls for the highlift pumps to enable them to operate in a lead lag configuration (without having to re-wire) o Controls: ! Integration of the chlorine feed system into the WTP controls ! Integration of source water turbidity monitoring into the WTP alarms, plant controls, and plant shutdown o Power conditioning to protect sensitive controls and equipment CONSULTANT RESPONSIBILITIES The consultant will perform a variety of engineering functions for which they must demonstrate qualifications and provide a detailed scope of work that includes a drawing list (include the number and title of drawings), schedule to complete the design work and final bid documents, and a cost proposal. Work is to conducted in close coordination with the Town of Jamestown’s Water Engineer, ACE Engineering, the Town of Jamestown’s consultant, AMEC (designing and constructing resiliency and sustainability projects directly related to the water system), the Town of Jamestown Water Committee, and will include, but not be limited to: The consultant shall prepare construction plans for public bidding in MicroStation or AutoCAD format. Design and specifications shall conform to the most current versions of the following: all AWWA standards; the Town of Jamestown Ordinance #3, Series 2010 and the Town of Jamestown Water Ordinance #1, Service 2015, adopted March 2, 2015; and the most current version of all applicable DOLA and CDPHE standards and requirements. The consultant shall perform all work efforts in accordance with DOLA requirements. 1. General Project Components: a. Weekly project coordination meetings will be held for the duration of the Project in the Jamestown Town Hall. Historically, coordination meeting have been held Tuesday mornings. 8 b. The Consultant shall participate in a minimum of four (4) Small Group Meetings in Jamestown to review plans with adjacent property owners that will be impacted by the construction work. The meetings shall be scheduled by the Town in coordination with the Consultant and the property owners. c. The design approach, including design criteria, preliminary water distribution system alignment, and construction approach for the distribution system that provides ongoing, or temporary, water service to the Town, shall be provided to the Town of Jamestown for review and comment within 14 days of Notice to Proceed (NTP). d. Survey information in the form of LIDAR may be available from work done prior to and following the flood under a contract with Boulder County and FEMA. The LIDAR information may not be sufficient for developing the pipeline alignments, and survey work may need to be included as part of this proposal. e. For the purposes of developing the scope of work for this project, it is assumed that a portion of the water distribution system piping is not within the existing right-of-way (ROW). Include an allowance for preparing and executing 15 easements in the response to this RFP. Preparation should include the survey work and documentation necessary for easement recording. Execution will be one signing meeting held with all the property owners and the Town. The Town will lead easement negotiations and will prepare all legal paper work required beyond the property description. f. Geotechnical work for the water distribution system has not been performed and should be included as part of this proposal. g. Existing utilities (above and below ground) are to be located and all design work coordinated with these utilities. h. Project design reviews (plans, specifications, schedule and costs) shall occur at the 30% and 90% completion. 100% plans and specifications shall be back checked by the Town prior to being issued for bid. i. The Town will provide a Class 4 probable construction cost (OPCC) and overall program costs that the Consultant shall design to throughout the duration of the project. 1) The Consultant shall review and update the initial Class 4 OPCC and overall program costs. Should either the OPCC or the program costs exceed the overall budget, the Consultant shall prepare a short list of actions to bring the project back into cost alignment. The action list shall be reviewed with the Town within 7 days after the notice to proceed and the project modified if deemed necessary. 2) The Consultant shall update the OPCC and program costs at 30% and 90% completion for review with the Town. Should either the OPCC or the program costs exceed the overall budget at any time, the Consultant shall prepare a short list of actions to bring the project back into cost alignment. The action list shall be reviewed with the Town and the project modified if deemed necessary. 9 j. Construction schedules shall be submitted near 60% and at 90% completion and at any time that it becomes apparent to the Consultant that meeting the time line for construction completion of August 18, 2015 for the Mesa St. portion of the water distribution system and September 30, 2015 for the entire project may be exceeded. k. Bid documents shall be prepared using Jamestown’s General Conditions. The Davis Bacon Act does not apply to this project. l. The design and bid documents shall be provided to the Town of Jamestown for review at 90% completion for comments and shall be modified if necessary. Coordinate, complete and compile field inspection review, final office review (FIR/FOR) plan sets for each phase of the work and attend a review meeting with the Town and other Stakeholders (e.g. DOLA). m. One set of bid ready construction plans and specifications shall be prepared for the work. A schedule of values shall be included in the plans and specifications as follows: 1) Pipes and valves (mains, valves, corporation stops, service connection piping, curb stops); 2) Storage tanks (mixing, safety cage and ladder) 3) WTP (switch gear, electrical and controls for highlight pump; integration of chlorine pump into the controls; heaters in the filter room) 4) Temporary water for maintaining service to customers throughout the duration of the construction project 5) Traffic control and emergency access provisions when construction will restrict access to property owners and through traffic on one-lane roads 6) Distribution system testing, disinfection, sampling, and startup n. Provide full-scale and half-scale sets of drawings and specifications for bidding. Provide three (3) sets hard copy half-scale and one set full-scale reproducible mylar. o. Assist in the bidding process by attending pre-bid meetings, answer questions submitted by contractors, prepare addendum(s) as necessary, support the Town in bid review and contractor selection. p. Should the hard bids exceed the Class 1 OPCC prepared at the 90% completion, the Consultant shall work with the Town and the low bidder to bring the project back into cost alignment, and the project modified if deemed necessary. q. Provide full-scale and half-scale conformed sets of drawings and specifications that include all addendum items. Provide three (3) sets hard copy half-scale and one set full-scale reproducible mylar. 2. Water Distribution System: a. The water distribution portion of this project is for the purpose of upgrading the portions of the system that were not impacted by the 2013 flood to the most current codes and standards (Town and other relevant regulating and professional associations) as follows: 1) Replace the identified water mains to Town’s codes and standards; 10 2) Replace the identified service connections to 10 ft beyond the curb box and in such a manner to connect to private property owners service lines; 3) Replace appurtenances including system valves, hydrants and other appurtenances that are integral to the water distribution system b. The Consultant shall perform all water distribution engineering necessary for the design of the work, to include, but not be limited to: 1) Development of design criteria, which incorporates the Town’s and CDPHE, requirements; any recommendations from the resiliency and sustainability report prepared EPA (April 2014); and is in conformance with AWWA standards. 2) Design of the permanent vertical and horizontal alignment for the water distribution system in concert with the alignment of existing roads (Mesa, Spruce, Pine and 15th Streets). The static condition of the water distribution system is approximately 125 psi and is not anticipated to increase significantly through this design effort. 3) Design of valves, appurtenances, service connections and other water system features as an integral part of the water system vertical and horizontal alignment. 4) Demolition of the existing water distribution system in areas where leaving the existing water distribution system would interfere with the replaced system. Demolition of the water mains in locations that new water mains are to be construction should be considered incidental to the construction effort as the existing mains will typically be buried with less cover than the replacement lines. 5) Provide all necessary standard and specific details as part of the plans and specifications. 6) Prepare an approach to replacing system components that includes maintaining water service to all customers throughout the construction effort. 7) The specifications shall include notice to the contractor that Jamestown reserves the right to accept either the entire bid or a portion of the bid. 2. Services during construction: The consultant shall perform basic engineering field services during construction. a. Review shop drawings and other documentation provided by the contractor for all material to be supplied and installed for the water distribution system construction. b. Provide on-site construction observation and construction reports for critical construction activities. c. Attend weekly construction meetings as necessary. d. Verify all fieldwork as specified (i.e. pressure tests, etc.). 11 SUBMITTAL SECTION RFP # James.011 Engineering Services for Water System Upgrades Proposals should be concise, logically organized, and easy to read. Limit proposals to ten (10) pages or less (not including resumes and cost detail spreadsheet), and include the following: 1. Company information: a. Name of your company / organization b. Type of organization: (Corporation, Partnership, etc.) c. Address d. Names and Address of the Partners and Subcontractors if applicable e. Contact Person(s) f. Telephone, Fax, e-mail g. Biographical summaries of key personnel and any subcontractors, which include relevant experience with design and engineering field services for projects of this type, an estimate of the percentage of time the individual will commit to the project, and their role on the project. h. Submit three references for similar projects your company has completed within the last three years and contact information 2. Project approach: Outline a proposed project approach for accomplishing the tasks described above. 3. Plans: Provide a list of drawings with titles for the bid package. 4. Schedule: Provide a schedule and work breakdown structure (WBS) that outlines the work that will be performed for each project phase and each separate category of work, and that demonstrates the project can be completed in the time frame established for both design (June 9, 2015) and construction (August 18, 2015 for the Mesa St. portion of the distribution system and September 30, 2015 for the entire project). Include an hours report by individual to be assigned to the project and the percent time dedication to the project. 5. Cost proposal: Provide a complete project detail worksheet with a not-to-exceed price for the project, including any discounts, in-kind hours, and assumptions. The cost proposal shall be submitted as a separate document and shall be in the format shown in the following table. 6. Signature page: Include the signature page (see below) with the main proposal. COST SUMMARY BUDGET HOURS BY INDIVIDUAL HOURLY RATE FEE Scope item by WBS Total Labor Cost Allowance for easements Cost of Subcontractors Total ODCs Less Discounts/In-kind Total Proposal Cost Please submit a copy of any contract you would require to be executed in this process 12 SIGNATURE PAGE RFP # James.011 Engineering Services Water System Upgrades Failure to complete, sign and return this signature page with your proposal may be cause for rejection. Contact Information Response Company Name Name and Title of Primary Contact Person Company Address Phone Number Email Address Company Website By signing below I certify that: I am authorized to bid on my company’s behalf. I am not currently an employee of Town of Jamestown. None of my employees or agents is currently an employee of Town of Jamestown. I am not related to any Town of Jamestown employees or Elected Officials. I am not a Public Employees’ Retirement Association (PERA) retiree. ___________________________________________________ _________________ Signature of Person Authorized to Bid on Company’s Behalf Date Note: If you cannot certify the above statements, please explain in the space provided below. 13 EXAMPLE CONTRACT INDEPENDENT CONTRACTOR AGREEMENT BY AND BETWEEN THE TOWN OF JAMESTOWN AND _______________________________ FOR _______________ SERVICES 1..0 PARTIES The parties to this Agreement are the Town of Jamestown, a Colorado municipal corporation, hereinafter referred to as the “Town”, and _____________________, [Name of Contractor] a ________________________[State of Formation and Type of Entity], hereinafter referred to as the “Contractor”. 2..0 RECITALS AND PURPOSE 2.1. The Town desires to engage the Contractor for the purpose of providing _______________________ services as further set forth in the Contractor’s Scope of Services (which services are hereinafter referred to as the “Services”). 2.2. The Contractor represents that it has the special expertise, qualifications and background necessary to complete the Services. 3..0 SCOPE OF SERVICES The Contractor agrees to provide the Town with the specific Services and to perform the specific tasks, duties and responsibilities set forth in Scope of Services attached hereto as Exhibit A and incorporated herein by reference. Contractor shall furnish all tools, labor and supplies in such quantities and of the proper quality as are necessary to professionally and timely perform the Services. Contractor acknowledges that this Agreement does not grant any exclusive privilege or right to supply Services to the Town. 4..0 COMPENSATION 4.1. The Town shall pay the Contractor for Services under this Agreement a total not to exceed the amounts set forth in Exhibit A attached hereto and incorporated herein by this reference. For Services compensated at hourly or per unit rates, or on a per-task basis, such rates or costs per task shall not exceed the amounts set forth in Exhibit A. The Town shall pay mileage and other reimbursable expenses (such as meals, parking, travel expenses, necessary memberships, etc.) which are deemed necessary for performance of the Services and which are pre-approved by the Mayor. The foregoing amounts of compensation shall be inclusive of all costs of whatsoever nature associated with the Contractor’s efforts, including but not limited to salaries, benefits, overhead, administration, profits, expenses, and outside Contractor fees. The Scope of Services and payment therefor shall only be changed by a properly authorized amendment to this Agreement. No Town employee has the authority to bind the Town with regard to any payment for any Services which exceeds the amount payable under the terms of this Agreement. 14 4.2. The Contractor shall submit monthly an invoice to the Town for Services rendered and a detailed expense report for pre-approved, reimbursable expenses incurred during the previous month. The invoice shall document the Services provided during the preceding month, identifying by work category and subcategory the work and tasks performed and such other information as may be required by the Town. The Contractor shall provide such additional backup documentation as may be required by the Town. The Town shall pay the invoice within thirty (30) days of receipt of payment from the funding agency unless the Services or the documentation therefor are unsatisfactory. 5..0 PROJECT REPRESENTATION 5.1. The Town designates __________________ as the responsible Town staff to provide direction to the Contractor during the conduct of the Services. The Contractor shall comply with the directions given by ________________ and such person’s designees. 5.2. The Contractor designates _____________ as its project manager and as the principal in charge who shall be providing the Services under this Agreement. Should any of the representatives be replaced, particularly _________________, and such replacement require the Town or the Contractor to undertake additional reevaluations, coordination, orientations, etc., the Contractor shall be fully responsible for all such additional costs and services. 6..0 TERM The term of this Agreement shall be _______________, 200___ to ___________________, 200___, unless sooner terminated pursuant to Section 13, below. The Contractor’s Services under this Agreement shall commence upon execution of this Agreement by the Town and Contractor shall proceed with diligence and promptness so that the Services are completed in a timely fashion consistent with the Town’s requirements. 7..0 INSURANCE 7.1. The Contractor agrees to procure and maintain, at its own cost, the policies of insurance set forth in Subsections 7.1.1 through 7.1.4. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The coverages required below shall be procured and maintained with forms and insurers acceptable to the Town. All coverages shall be continuously maintained from the date of commencement of Services hereunder. The required coverages are: 7.1.1 Workers' Compensation insurance as required by the Labor Code of the State of Colorado and Employers Liability Insurance. Evidence of qualified self-insured status may be substituted. 7.1.2 General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 aggregate. The policy shall include the Town of Jamestown, its officers and its employees, as additional insureds, with primary 15 coverage as respects the Town of Jamestown, its officers and its employees, and shall contain a severability of interests provision. 7.1.3 Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than $350,000 per person in any one occurrence and $990,000 for two or more persons in any one occurrence, and auto property damage insurance of at least $50,000 per occurrence, with respect to each of Contractor’s owned, hired or non-owned vehicles assigned to or used in performance of the Services. If the Contractor has no owned automobiles, the requirements of this paragraph shall be met by each officer or employee of the Contractor providing services to the Town of Jamestown under this contract. 7.1.4 Professional Liability coverage with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. 7.2 The Contractor’s general liability insurance and automobile liability and physical damage insurance shall be endorsed to include the Town, and its elected and appointed officers and employees, as additional insureds, unless the Town in its sole discretion waives such requirement. Every policy required above shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, shall be excess and not contributory insurance to that provided by the Contractor. Such policies shall contain a severability of interests provision. The Contractor shall be solely responsible for any deductible losses under each of the policies required above. 7.3 Certificates of insurance shall be provided by the Contractor as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. No required coverage shall be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 7.4 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 Town may immediately terminate this Agreement, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Contractor from the Town. 7.5 The parties understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., 10 C.R.S., as from time to time amended, or otherwise available to the Town, its officers, or its employees. 16 8..0 INDEMNIFICATION To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the Town, and its elected and appointed officers and its employees, from and against all liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or are connected with the Services hereunder, if such injury, loss, or damage is caused by the negligent act, omission, or other fault of the Contractor or any subcontractor of the Contractor, or any officer, employee, or agent of the Contractor or any subcontractor, 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. The Contractor shall further bear all other costs and expenses incurred by the Town or Contractor and related to any such liability, claims and demands, including but not limited to court costs, expert witness fees and attorneys’ fees if the court determines that these incurred costs and expenses are related to such negligent acts, errors, and omissions or other fault of the Contractor. The Town shall be entitled to its costs and attorneys’ fees incurred in any action to enforce the provisions of this Section 8.0. 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 Town. 9..0 QUALITY OF WORK Contractor’s Services shall be performed in accordance with the highest professional workmanship and service standards in the field to the satisfaction of the Town. 10..0 INDEPENDENT CONTRACTOR It is the expressed intent of the parties that the Contractor is an independent contractor and not the agent, employee or servant of the Town, and that: 10.1. CONTRACTOR SHALL SATISFY ALL TAX AND OTHER GOVERNMENTALLY IMPOSE RESPONSIBILITIES INCLUDING, BUT NOT LIMITGED TO, PAYMENT OF STATE, FEDERAL AND SOCIAL SECURITY TAXES, UNEMPLOYMENT TAXES, WORKERS’ COMPENSATION AND SELF-EMPLOYMENT TAXES. NO STATE, FEDERAL OR LOCAL TAXES OF ANY KIND SHALL BE WITHHELD OR PAID BY THE TOWN. 10.2. CONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS EXCEPT AS MAY BE PROVIDED BY THE INDEPENDENT CONTRACTOR NOR TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS UNEMPLOYMENT COMPENSATION COVERAGE IS PROVIDED BY THE INDEPENDENT CONTRACTOR OR SOME ENTITY OTHER THAN THE TOWN. 10.3. Contractor does not have the authority to act for the Town, or to bind the Town in any respect whatsoever, or to incur any debts or liabilities in the name of or on behalf of the Town. 10.4. Contractor has and retains control of and supervision over the performance of Contractor’s obligations hereunder and control over any persons employed by Contractor for performing the Services hereunder. 17 10.5. The Town will not provide training or instruction to Contractor or any of its employees regarding the performance of the Services hereunder. 10.6. Neither the Contractor nor any of its officers or employees will receive benefits of any type from the Town. 10.7. Contractor represents that it is engaged in providing similar services to other clients and/or the general public and is not required to work exclusively for the Town. 10.8. All Services are to be performed solely at the risk of Contractor and Contractor shall take all precautions necessary for the proper and sole performance thereof. 10.9. Contractor will not combine its business operations in any way with the Town’s business operations and each party shall maintain their operations as separate and distinct. 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 Town’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 13.1. 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 thirty (30) days in advance of the termination date. Termination pursuant to this subsection shall not prevent either party from exercising any other legal remedies which may be available to it. 13.2. In addition to the foregoing, this Agreement may be terminated by the Town for its convenience and without cause of any nature by giving written notice at least fifteen (15) 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 a pro-rated daily rate, for the Services rendered to the date of termination, and upon such payment, all obligations of the Town 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. 18 14..0 INSPECTION AND AUDIT The Town 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 DOCUMENTS All computer input and output, analyses, plans, documents photographic images, tests, maps, surveys, electronic files and written material of any kind generated in the performance of this Agreement or developed for the Town in performance of the Services are and shall remain the sole and exclusive property of the Town. All such materials shall be promptly provided to the Town upon request therefor and at the time of termination of this Agreement, without further charge or expense to the Town and in hardcopy or an electronic format acceptable to the Town, or both, as the Town shall determine. Contractor shall not provide copies of any such material to any other party without the prior written consent of the Town. Contractor shall not use or disclose confidential information of the Town for purposes unrelated to performance of this Agreement without the Town’s written consent. 16..0 ENFORCEMENT 16.1. In the event that suit is brought upon this Agreement to enforce its terms, the parties shall each bear and be responsible for their own attorneys’ fees and court costs. 16.2. Colorado law shall apply to the construction and enforcement of this Agreement. The parties agree to the jurisdiction and venue of the courts of Boulder County and the federal district court for the District of Colorado in connection with any dispute arising out of or in any matter connected with this Agreement. 17..0 COMPLIANCE WITH LAWS; WORK BY ILLEGAL ALIENS PROHIBITED 17.1 Contractor shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town; for payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals. 17.2 Exhibit B, the “Town of Jamestown Public Services Contract Addendum-Prohibition Against Employing Illegal Aliens”, is attached hereto and incorporated herein by reference. There is also attached hereto a copy of Contractor’s Pre-Contract Certification which Contractor has executed and delivered to the Town prior to Contractor’s execution of this Agreement. 18..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. 19 19..0 NOTICES All notices required or permitted under this Agreement shall be in writing and shall be given by hand delivery, by United States first class mail, postage prepaid, registered or certified, return receipt requested, by national overnight carrier, or by email transmission, addressed to the party for whom it is intended at the following address: If to the Town: Town of Jamestown Attn: Town Clerk 118 Main Street Jamestown, CO 80455 e-mail: [email protected] If to the Contractor: ______________________ ______________________ ______________________ ______________________ Any such notice or other communication shall be effective when received as indicated on the delivery receipt, if by hand delivery or overnight carrier; on the United States mail return receipt, if by United States mail; or on facsimile transmission receipt. Either party may by similar notice given, change the address to which future notices or other communications shall be sent. 20..0 EQUAL OPPORTUNITY EMPLOYER 20.1. Contractor will not discriminate against any employee or applicant for employment because of age 40 and over, race, sex, color, religion, national origin, disability, genetic information, sexual orientation, veteran status, or any other applicable status protected by state or local law. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any status set forth in the preceding sentence. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws. 20.2. Contractor shall be in compliance with the applicable provisions of the American with Disabilities Act as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof. 20 In witness whereof, the parties have executed this Agreement to be effective as of the day and year of signed by the Town. TOWN OF JAMESTOWN By:___________________________ Mayor Attest:_______________________ Town Clerk Date:_________________________ CONTRACTOR: _____________________________ By:__________________________ Title:_________________________ Date:_________________________ 21 Exhibit A – Scope of Services [See Following Page(s)] 22 Exhibit B Town of Jamestown Public Services Contract Addendum Prohibition Against Employing Illegal Aliens Prohibition Against Employing Illegal Aliens. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall not 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 this contract. Contractor will participate in either the E-verify program or the Department program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. Contractor is prohibited from using the E-verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, Contractor shall: a. Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor 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. 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 the authority established in C.R.S. § 8-17.5-102(5). If Contractor violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102, Town may terminate the contract for breach of contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Town. 23 Pre-Contract Certification in Compliance with C.R.S. Section 8-17.5-102(1) The undersigned hereby certifies as follows: That at the time of providing this certification, the undersigned does not knowingly employ or contract with an illegal alien; and that the undersigned will participate in the E-Verify program or the Department program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform under the public contract for services. Proposer: __________________________ By_________________________ Title:_______________________ ___________________________ Date Note: Registration for the E-Verify Program can be completed at: https://e-verify.uscis.gov/enroll/. 24 Town of Jamestown Distribution System Map 3 Cr eek ! ! ! W ar d ! ! ! ! ! .. ! WTP . ! % & ! ! ! ! ! . G . ! ! ! . G !M ai n St ! ! .! ! .! G ! ! ! ! ! G ! . And e ! ! ! ! ! ! rson ! !! . G ! ! . !! . ! % Town Wells & ! ! .! G . ! ! .! ! Ave . ! ! ! ! !! . ! ! ! . ! G ! Sp ru ! ce ! ! M ! . G ai n ! Me s St a Service Valve ! . G Hydrants ! !! . . ! . G . ! % & ! James ! ! ! ! ! ! ai M n ! ! Water Line 8" Ductile th 12 ! .! G Water line 6" Ductile St h Town Intake St Water Line 4" Ductile Water Line 3" Ductile Water Line 3/4" Copper Water Line 2" Galvanized Water Line 2" Plastic WaterLine 1-1/2" Blue Poly Service Line Streams ! ! ! ! ! Water Tank Town Parcels ! Mil lS t Av e . Valves ! ! t S t ! !! ! St ! . G ! 15th S ! ! ! P i ne .! ! ! ! ! ! . G ! .! G . ! . ! ! ! ! . ! ! ! ! Legend ! ! ! St es 16 th Jam St Lit tle 0 Map Prepared by Colleen Williams, Colorado Rural Water Association 290 580 1,160 Feet Ü Creek
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