*TOWN OF WINDSOR* REQUEST FOR PROPOSAL CONSTRUCTION MATERIAL TESTING SERVICES. for

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1 *TOWN OF WINDSOR* REQUEST FOR PROPOSAL CONSTRUCTION MATERIAL TESTING SERVICES for WINDSOR WWTP HEADWORKS, PUMP STATION, AND INTERCEPTOR SEWER PROJECT PROJECT NO. TOW TABLE OF CONTENTS: REQUEST FOR PROPOSAL: Page 1 INSTRUCTIONS TO CONSULTANTS: Page 2 SUBMITTAL REQUIREMENTS: Page 2 to Page 3 SCOPE OF SERVICES: Page 3 SELECTION PROCESS: Page 4 PROFESSIONAL SERVICES AGREEMENT: Page 5 to Page 13

2 *TOWN OF WINDSOR* REQUEST FOR PROPOSAL CONSTRUCTION MATERIAL TESTING SERVICES for WINDSOR WWTP HEADWORKS, PUMP STATION, AND INTERCEPTOR SEWER PROJECT PROPOSAL NUMBER: DESCRIPTION: Project No. TOW Windsor WWTP Headworks, Pump Station and Interceptor Sewer Project Construction Material Testing Services PROPOSAL DUE DATE: October 18, 2011 The Town of Windsor, Colorado, will be receiving sealed proposals at the Town Hall, 301 Walnut Street, Windsor, Colorado, 80550, until 2:00 P.M., Mountain Daylight Saving Time, Friday, October 21, 2011, at which time proposals will be registered, but not publicly opened, to consider contracting for Construction Material Testing Services for the Windsor WWTP Headworks, Pump Station and Interceptor Sewer Project. All questions regarding this proposal should go to Mr. Curtis Templeman, Town of Windsor Engineering Department, at ( ). NOTE: Questions not answered in the Request for Proposal (RFP) documents will only be responded to via an addendum to this RFP issued by the Town of Windsor Engineering Department. Questions must be submitted in writing, via fax ( ) or 1

3 INSTRUCTIONS TO CONSULTANTS: Proposals must be clearly identified on the front of the envelope by proposal number and project title. Responsibility for timely submittal and routing of proposals, prior to closing, lies solely with the proposer. Proposals received after the closing time specified will not be considered. The Town of Windsor reserves the right to reject any and/or all proposals, to further negotiate with the successful consultant and to waive informalities and minor irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of the Town of Windsor to do so. The total cost of preparation and submission shall be borne by the consultant. In submitting a proposal, the proposer agrees that acceptance of any or all proposals by the Town of Windsor within a reasonable time or period constitutes a contract. All information submitted in response to this Request For Proposal (RFP) is public after the Professional Services Agreement has been issued. The consultant should not include as part of the response to the RFP any information, which they believe to be a trade secret or other privileged or confidential data. If the consultant wishes to include such material with a proposal, then the material should be supplied under separate cover and identified as confidential. Statements that the entire proposal is confidential will not be honored. The Town of Windsor will endeavor to keep that information confidential, separate and apart from the proposal, subject to the provisions of the Colorado Open Records Act or order of court. No telephone, telegraph, facsimile, electronic transfer or qualifications will be accepted. Minority Business Enterprises will be afforded full opportunity to submit qualifications in response to this invitation and will not be discriminated against on grounds of race, color, or national origin. The successful proposer must be capable of providing adequate, knowledgeable personnel to fulfill the requirements of the proposed contract. Include résumés for all key management personnel and core production staff. Provide a brief description of support capabilities. The successful proposer must be financially capable of fulfilling the requirements of the proposed contract. The proposer shall indicate in the proposal any work intended to be performed by subconsultants or persons outside of the firm. The proposer shall name the subconsultants, if known at the time of proposal submittal. SUBMITTAL REQUIREMENTS: Qualified consultants interested in performing the work described in this request for proposals should submit the following information to the Town in any order they choose: 1. Qualifications of your firm and staff proposed to perform the work on this project. This should include résumés of staff and any recommendation/commendation letters received for past projects. 2. A list of similar projects completed in the last five (5) years. 2

4 3. Provide cost in a unit price format including any ancillary charges you may charge the Town in executing the work. 4. References from at least three (3) other projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. 5. The proposer shall indicate in the proposal any work intended to be performed by subconsultants or persons outside of the firm. The proposer shall name the subconsultants, if known at the time of proposal submittal. 6. Consultant s willingness to enter into the Town of Windsor Professional Services Agreement included as part of the RFP. 7. Limit the length of the proposal to a maximum of twenty (20) pages (excluding covers, dividers, and résumés). The Town Engineer may reject proposals received that are longer than twenty (20) pages in length. 8. Three (3) copies of your proposal are required. If brochures or other supportive documents are requested, then it is required that three (3) sets be submitted with your proposal. 3

5 SCOPE OF SERVICES: The Town of Windsor (TOW) requests proposals to perform the materials testing associated with construction of the Windsor WWTP Headworks, Pump Station and Interceptor Sewer Project scheduled to begin construction November The project has been publically bid and notice of award has been made to RN Civil Construction in the amount of $4,742,000. The project substantial completion contract duration is 365 days. It is expected that both the headworks construction and interceptor construction will require ground water mitigation. Approximate quantities are provided for your reference in preparing your proposal. Please refer to the Project Specifications and Drawings for additional details. Headworks Foundation Slab (4717.5) 166 CY Foundation Piers 25 EA Concrete Walls 482 CY Elevated Building Floors (4745) 57 CY Wetwell Grout 24 CY Concrete pads 8 CY Earthen Backfill 1458 CY 15" CMU Exterior Walls (grout and mortar) 1700 SF Grit Collector Foundation Slab (4738, 4745) 37 CY Concrete Walls 7 CY Earthen Backfill 195 CY Concrete pads 4 CY Interceptor Interceptor Sewer Avg depth at 18ft 5110 LF Materials testing contractor will contract directly with the Town of Windsor. We would like your proposal delineated in a Unit Price format including any ancillary charges you may charge the Town in executing the work. All testing requirements for geotechnical, concrete, asphalt, and bacterial are specified in the project manual title Windsor WWTP Headworks, Pump Station, and Interceptor Sewer SELECTION PROCESS: The Town will evaluate the proposals with respect to the offer that represents the best value to the Town and who communicates their ability to serve the projects needs over the course of the year. 4

6 PROFESSIONAL SERVICES AGREEMENT: THIS AGREEMENT is made and entered into this day of, 20, by and between the Town of Windsor, State of Colorado, whose address is 301 Walnut Street, Windsor, Colorado, 80550, hereinafter referred to as the Town, and, whose address is, hereinafter referred to as the Consultant. WITNESSETH: WHEREAS, The Town is in need of hiring an independent consultant to perform the Construction Material Testing listed and enumerated in the Scope of Services attached hereto as ordered by the Town and; WHEREAS, Consultant has the time and personnel available and is willing to perform the Professional Services, according to the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: SECTION I SERVICES OF THE CONSULTANT A. The Consultant shall serve as the Town s consultant and shall provide as a minimum all of the construction material services which are described in the Request for Proposal Number , Project No. TOW Windsor WWTP Headworks, Pump Station and Interceptor Sewer Project Construction Material Testing Services, incorporated by reference herein. B. The Consultant shall comply with all applicable Rules, Regulations, Procedures and Ordinances that govern the work. SECTION II TERM A. The term of this Agreement shall be from, through and until. B. The Town, at its sole option, may extend this Agreement. All such extensions shall be confirmed in writing, signed by both parties. SECTION III INDEPENDENT CONTRACTOR A. In performing the services under this Agreement, the Consultant acts as an independent contractor and is solely responsible for necessary and adequate worker s compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Consultant, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Consultant are not and shall not become employees, agents or servants of the Town, nor is he or she entitled to any employee benefits from the Town because of the performance of any work or as a result of the execution of this Agreement. 5

7 B. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Town will have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. SECTION IV THE TOWN S RESPONSIBILITIES The Town shall: A. Provide information as to its requirements for the project. B. Give prompt notice to the Consultant whenever the Town observes or otherwise becomes aware of any defect in the project. C. Assist the Consultant in obtaining approval of all governmental authorities having jurisdiction over the project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the project. D. Furnish, or direct the Consultant to provide at the Town s expense, necessary additional services. E. Designate, prior to commencement of services, its Project Manager who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the Town s Project Manager. SECTION V MUTUAL UNDERSTANDINGS OF THE TOWN & THE CONSULTANT A. This Agreement does not guarantee to the Consultant, any services except as authorized in accordance with Section I above, nor does it create an exclusive contract for services. B. All of the services contemplated under this Agreement are personal and Consultant may not assign, sublet or transfer any interest herein or claim hereunder, without the prior written consent of the Town. C. The Town of Windsor is a Colorado public entity and all financial obligations extending beyond the current fiscal year are subject to funds being budgeted and appropriated therefore. Nothing in this Agreement shall be deemed a waiver of the Colorado Governmental Immunity Act and no portion of this Agreement shall be deemed to create an obligation on the part of the Town to expend funds not otherwise appropriated in each succeeding year. 6

8 D. The Consultant and any and all of its personnel utilized by the Town under the terms of this Agreement shall remain the agents and employees of the Consultant and are not, nor shall they become agents or employees of the Town. E. Ownership of documents. 1. All final reports, data and miscellaneous items purported to contribute to the completeness of the project shall be delivered to and become the property of the Town, upon Town s request. 2. Basic survey notes, charts, sketches, computations, and other data prepared hereunder shall be made available to the Town, upon request, and become the property of the Town. 3. All data received hereunder shall be made a part of the Town s permanent records and files and preserved therein in accordance with the Town s dulyadopted records retention policy. SECTION VI COMPENSATION A. The Town agrees to pay Consultant for all services performed hereunder as follows: the Professional Services shall be provided at the rates set forth in the Scope of Work. The Town s obligation for payment to Consultant shall be based on the unit cost submitted to the Town as part of this request for proposal. B. Invoices shall be submitted by the Consultant monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. All compensation amounts payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Consultant is required to provide the Town Project Manager with a written report of the status of services with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the Town, suspend the processing of any partial payment request. SECTION VII INDEMNIFICATION, DESIGN AND INSURANCE A. The Consultant agrees to indemnify the Town, its officers and employees, against liability for injury or damage caused by any negligent act, error, or omission by Consultant, or its sub-consultants, in the performance of this Agreement and shall hold the Town harmless from damages or other liabilities, including reasonable attorney fees and court costs, arising out of damage or injury to persons, entities or property caused or sustained by any person(s) as a result of any negligent act, error, or omission by Consultant or failure of Consultant to perform this Agreement according to its terms. B. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all services rendered by Consultant and 7

9 any subconsultants and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. C. Consultant, at its expense, shall procure and maintain in full force and effect for the duration of this Agreement, Worker s Compensation Insurance, Employers Liability Insurance, Commercial General Liability Insurance in the amount of $1,000,000 combined single limits, and Errors and Omissions Insurance in the amount of $1,000,000. The Consultant is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. SECTION VIII CHARTER, LAWS AND ORDINANCES The Consultant at all times agrees to observe all applicable Federal and State laws, and Resolutions and Ordinances of the local jurisdiction, and all rules and regulations which in any manner affect or govern the work under this Agreement. SECTION IX TERMINATION A. Either party may terminate this Agreement for a material breach by giving written notice to the other party of such termination within fifteen (15) calendar days of the date of notice and specifying the effective date thereof. If the Agreement is terminated by the Town, the Town will pay the Consultant for services accomplished to date of termination as follows: (1) Lump Sum contracts: The percentage of the total lump sum fee that represents the ratio of services performed to the total amount of services; (2) Cost Plus Fixed Fee contracts: Incurred cost of actual services performed plus a percentage of the fixed fee that represents the ratio of services performed to the total amount of services in the contract; (3) Specific Rate of Compensation contract: Incurred cost of actual services performed; (4) Per Unit of Work contracts: The cost of each completed unit of services and/or a percentage of each partially completed unit of services. B. Notwithstanding the above, the Consultant shall not be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of the Agreement by the Consultant and the Town may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the Town from the Consultant is determined. C. All services accomplished by the Consultant prior to the date of such termination shall be recorded and tangible services documents shall be transferred to and become the sole property of the Town prior to payment for services rendered. SECTION X CHANGE ORDERS OR EXTENSIONS A. The Town may, from time to time, require changes in the scope of the services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount of the Consultant s compensation, must be mutually agreed upon in writing by the Town and the Consultant. The Consultant shall be compensated for all authorized change in services, pursuant to the Request for Proposal or, if no provision exists, pursuant to a Change Order. 8

10 B. The Town may extend the time of completion of services to be performed by the Consultant. Such extensions must be mutually agreed upon in writing, by the Town and the Consultant. SECTION XI EQUAL EMPLOYMENT OPPORTUNITY A. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their race, color, religion, sex or national origin. 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the Town setting forth the provisions of this nondiscrimination clause. B. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. C. The Consultant agrees to comply with such rules, regulations or guidelines as the Town, County, State or Federal agencies may issue to implement these requirements. D. The Consultant shall be licensed as required by law. SECTION XII SPECIAL CONDITIONS A. The services to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Consultant has been authorized to proceed by the Town and the Consultant shall complete the services by. B. The Town s Contract Administrator for this Agreement shall be Curtis Templeman, P.E., (title: Civil Engineer), and he can be reached by phone at All notices/correspondence shall be delivered to the Town as follows: Curtis Templeman, P.E., Town of Windsor, 301 Walnut Street, Windsor, CO, The Contract Administrator does not have the authority to alter or modify the terms of the Agreement. C. This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. D. The Town s approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for the quality or technical accuracy of the services. Town s approval or acceptance of, or payment for, any of the services shall not be 9

11 construed to operate as a waiver of any rights or benefits provided to Town under this Agreement. SECTION XIII INSPECTIONS, REVIEWS AND AUDITS A. During all phases of the work and services to be provided hereunder the Consultant agrees to permit duly authorized agents and employees of the Town to enter the Consultant s offices for the purpose of inspections, reviews and audits during normal working hours. Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places. B. Consultant and its subconsultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for five (5) years from the date of final payment, for inspection by the Town and copies thereof shall be furnished if requested. C. The Town shall have access to Consultant s financial records for the purpose of audit. Such records shall be complete and available for audit ninety (90) days after final payment hereunder and shall be retained and available for audit purposes for at least five (5) years after final payment hereunder. SECTION XIV REPRESENTATIONS AND WARRANTIES A. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein. B. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the Town or its officers or employees may possess, nor shall any portion of the Agreement be deemed to have created a duty of care with respect to any persons other than the Town and not a party to this Agreement except as specifically provided herein. SECTION XV DEFAULT If Consultant defaults in any obligation under this Agreement, Consultant shall be liable for all costs, expenses and payment incurred by the Town including any reasonable expenses for attorney s bills. SECTION XVI THIRD PARTY BENEFICIARIES Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Town or the Consultant except as specifically provided herein. The Consultant s services under this Agreement are being performed solely for the Town s benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. The Town and Consultant agree to require a similar provision in all contracts with contractors, subcontractors, sub-consultants, vendors and other entities involved in this Project to carry out the intent of this provision. 10

12 SECTION XVII STANDARD OF CARE In providing services under this Agreement, the Consultant will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Upon notice to the Consultant and by mutual agreement between parties, the Consultant without additional compensation, shall correct those services not meeting such a standard. SECTION XVIII DISPUTE RESOLUTION In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project, the Town and Consultant agree that all disputes between them arising out of or relating to this Agreement or the project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the Agreement or related to the services under this Agreement, in accordance with the above paragraph, then such disputes may, with the consent of both parties, which consent may be withheld for any reason, be settled by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association effective at the effective date of the Agreement. Notice of the demand for arbitration must be filed in writing with the other party to the Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the dispute has arisen. In no event may the demand for arbitration be make after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. SECTION XIX CONSULTANT S CERTIFICATION PURSUANT TO SECTION , C.R.S., et.seq. Consultant certifies and represents that at this time: A. Consultant does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and B. Consultant will participate in the E-VERIFY program authorized under 8 U.S.C., Section 1324(a), jointly administered by the United States Department of Homeland Security and the Social Security Administration, or its successor program (hereinafter, E-VERIFY Program ), or the Colorado Department of Labor and Employment program established under (5) (c), C.R.S., in order to confirm the employment eligibility of all employees who are newly-hired for employment within the United States. Unless the E-VERIFY Program has been discontinued as of the date of this certification, Consultant has confirmed the employment eligibility of all employees who are newly hired for employment in the United States through participation in the E-VERIFY program. Consultant is prohibited from using the E-VERIFY Program procedures to undertake preemployment screening of job applicants while this Agreement is being performed. 11

13 If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Consultant shall: A. Notify such subcontractor and the Town within three (3) days that Consultant 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 (3) days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection , C.R.S. Consultant acknowledges the enforcement provisions of , C.R.S., and further acknowledges that employment of illegal aliens in violation thereof may result in loss of Consultant s business license as defined therein, together with such other enforcement measures as authorized by law. SECTION XX CONSTRUCTION OF CONTRACT, VENUE This contract shall be construed in accordance with Colorado law. Any litigation with respect to the rights and duties imposed under this Contract shall take place in the District Court for Weld County, Colorado. 12

14 SECTION XXI ATTESTATION IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of, 20. TOWN OF WINDSOR: ATTEST: TOWN OF WINDSOR, a Home Rule Municipality, State of Colorado: By: (Town Clerk) By: (Town Manager) CONSULTANT: By: Date: Name: Title: Phone No.: SUBSCRIBED AND SWORN to before me this day of, 20. WITNESS my hand and official seal. Name: My commission expires: (Notary Public) 13