RFP-2024-WW-001 Wastewater Treatment Facility Expansion Design Services.pdf

Pueblo West Metropolitan District

REQUEST FOR PROPOSAL

RFP Name: Wastewater Treatment Facility Expansion Design Services

RFP No.: RFP-2024-WW-001

The undersigned, having carefully read and considered the Request for Proposal for RFP-2024-WW-001, Wastewater Treatment Facility Expansion Design Services, does hereby offer to perform such services on behalf of the Pueblo West Metropolitan District, in the manner described and subject to the terms and conditions set forth in the attached Request for Proposal.

The undersigned further states that this proposal is made in good faith and is not founded on, or in consequence of, any collusion, agreement or understanding between themselves or any other interest party.

Name of Person or Firm Submitting:

Name of Authorized Representative:

Signature of Authorized

Representative:

Title of Authorized

Representative:

Mailing Address of

Person or Firm:

Name of Contact

Person for this RFP:

Contact Person's

E-Mail Address:

Contact Person's

Telephone Number:

Is your Company a Small, Minority or Woman Owned Company? If so, has your business been certified by the Small Business Administration (SBA), National Women Business Owners Corporation, or the Women’s Business Enterprise National Council (WBENC)? If yes as to both questions, please explain:

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

Section No. & Title Page

1.0 GENERAL INFORMATION

1.1 Purpose

2.0 PROJECT INFORMATION

2.1 Background

3.0 SCOPE OF SERVICE

3.1 Services to be Provided

3.2 Information Provided by the District

3.3 Design Considerations

4.0 SUBMISSION REQUIREMENTS

5.0 KEY TARGET DATES

6.0 EVALUATION PROCESS

6.1 Evaluation Criteria

7.0 MISCELLANEOUS CONDITIONS

7.1 Termination of Contract

7.2 Written Agreement

7.3 Preparation of Proposals

7.4 Omissions

7.5 Debarment

7.6 Equal Opportunity

7.7 Cost of Developing Proposals

7.8 Proposal Ownership

7.9 Additional Information

7.10 Terms and Conditions

7.11 Insurance

7.12 Licenses

8.0 Template Agreement

9.0 Wastewater Master Plan

REQUEST FOR PROPOSALS

Wastewater Treatment Facility Expansion Design Services

Request for Proposal No.: RFP-2024-WW-001

The Pueblo West Metropolitan District (“District”) is requesting written proposals from qualified wastewater engineering consulting firms to provide design services for increased capacity, maintenance and upgrade items at the District’s wastewater treatment facility. The District sees value in completing the design of these projects at one time instead of completing them as several independent projects. Proposals should include engineering, design, bid schedule, opinion of probable costs and construction administration services as more fully described in Section 3.0 – Scope of Services.

A Mandatory Pre-Bid Meeting will be held at our Wastewater Plant at 1370 Grouse Dr, Pueblo West, CO 81007 at 10:00 a.m. This meeting will not be rescheduled.

Proposals will be accepted until 2:00 p.m. MT, August 16, 2024.

All items contained in the RFP are applicable in preparing proposals for the services covered by this RFP. Proposal documents, along with any addenda issued may be obtained via the Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district. Proposals must be submitted electronically via Rocky Mountain E- Purchasing System at https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district.

Submitted proposals must total no more than 50 pages and must be one (01) pdf document.

Proposals received after the date and time listed above will not be considered. The name of the firms who submitted a proposal will be read aloud at a virtual RFP closing held on August 16, 2024 at 2:01 p.m. MT. Those wishing to attend the virtual RFP closing may do so by calling 956- 520-3486 and entering PIN # 892-133-980.

The District may award the contract to a firm/contractor based on the evaluation criteria contained in the request for proposal. The District reserves the right to accept or reject any or all proposals, to waive informalities and to reserve any request for proposals.

The District is an Equal Opportunity Employer. Minority, small, disadvantaged & women owned enterprises are encouraged to submit competitive proposals for this service.

If assistance under the Americans with Disabilities Act Amendments Act (ADAAA) is needed to complete any portion of the RFP Process, please contact the District Clerk’s Office at (719) 251- 8723.

Published: July 19, 2024 PUEBLO WEST METROPOLITAN DISTRICT

Michael Winters, Procurement Specialist https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district

REQUEST FOR PROPOSALS

1.0 GENERAL INFORMATION

1.1 Purpose

The Pueblo West Metropolitan District (“District”) is requesting written proposals from qualified wastewater engineering consulting firms to provide design services for increased capacity, maintenance projects and upgrades at the District’s wastewater treatment facility.

The District sees value in completing the design of these projects at one time instead of completing them as several independent projects. Proposals should include engineering, design, bid schedule, opinion of probable costs and construction administration services as more fully described in Section 3.0 – Scope of Services.

2.0 PROJECT INFORMATION

2.1 Background

The District's Wastewater Treatment Facility (WWTF) consists of an operations building, headworks building, two aeration basins, a biosolids handling building with three aerobic digesters and a belt filter press, two secondary clarifiers, and multipurpose building that houses a manager’s office, laboratory, blower room, UV disinfection channel, and RAS/WAS/Scum pumps. The overall facility also includes a newly installed non-potable water reuse system to alleviate the need for potable water in the treatment process. The WWTF was constructed in 2003 and underwent expansion and upgrades in 2013. The District’s Wastewater Master Plan is attached to this document and was revised in 2024 which included both the collection system and WWTF.

Per CDPHE, a publicly operated treatment facility must commence planning for treatment expansion when the influent loading (either flow or BOD5) reaches 80 percent of its design capacity. The WWTF has exceeded 80 percent of the hydraulic design capacity on numerous occasions and exceeded 80 percent of the permitted BOD5 load. Increasing the design capacity of the WWTF above 2.0 MGD will trigger the enforcement of Regulation 85. It is recommended to increase the permitted capacity of the WWTF to 3.6 MGD and 7,510 lbs/day BOD5.

Per Regulation 85, any WWTF with a design capacity greater than 2.0 MGD must comply with a TIN limit of 15 mg/L and a total phosphorus limit of 1.0 mg/L. Therefore, a nutrient removal process upgrade must be included with the WWTF expansion. The existing facility cannot currently remove phosphorus to this level, so it is necessary to upgrade equipment for further nutrient removal. One example technology that could be used for phosphorus removal is plate settlers and chemical addition, such as a polymer or flocculant. This project should include the request for water quality planning targets, the site application, and the design to approve the nutrient removal upgrades that will help the District comply with Regulation 85.

The following additional capital and O&M projects are also recommended to be included within the WWTF expansion project:

1. Operations Building Addition/Expansion The Master Plan recommends expanding the operations building to enable all the other improvements to be made and the operation to be properly staffed.

2. Headworks Expansion A wide variety of improvements are needed for the headworks process, so a headworks expansion with a new building is recommended to occur as part of the WWTF expansion project. Each system in the headworks should be evaluated and sized for handling peak hour flows at the new design capacity including, flow measurements, screens, grit removal, and ventilation. An automatic screen should be considered for the bypass channel for added redundancy and operational flexibility.

Building design should consider HVAC, site access, and dumpster haul off improvements.

3. Aeration Basins Two new 1.5 MG aeration basins are recommended to be installed as part of the

WWTF expansion project. The existing aeration basins should have accumulated sludge and grit removed and the synthetic liners should be replaced. Automatic air control valves, dissolved oxygen probes, and oxidation reduction potential probes should be installed in the new and existing basins. Covers could be installed to prohibit the entry of tumbleweeds and maintain higher temperatures during winter.

4. Secondary Clarifiers Two new 80-ft diameter clarifiers are recommended to be installed as part of the

WWTF expansion project. The existing clarifiers should have the main drives replaced and comprehensive inspections completed to identify other internal components that require servicing or replacement. Other recommended improvements include flushing hydrants for cleaning and maintenance, brush cleaning systems for the scum arms, and effluent launder covers to help keep tumbleweeds from being transported to downstream processes.

5. RAS, WAS, and Scum Pumps Dedicated RAS and WAS pipelines should be installed for the existing and new clarifiers as part of the WWTF expansion project to allow for continuous recycling and wasting. The capacity of the RAS, WAS, and scum pumps should also be increased with the WWTF expansion. There are two options to improve the existing long suction pipe from the clarifiers to the scum pump located in the operations building basement:

(1) Replace the existing dry-pit scum pump with a new recirculating submersible chopper pump located in each clarifier’s scum pit, and pump directly from each clarifier to the digesters. (2) Construct a new scum pit located near the clarifiers with redundant submersible scum pumps to shorten the length of the scum suction lines from each clarifier. Both options include two scum pumps for redundancy.

6. Ultraviolet Disinfection Expansion of the UV system is recommended to occur as part of the WWTF expansion project. A new disinfection system could be incorporated into the new tertiary treatment facility that will be required to meet effluent phosphorous limits. The new system could consist of an open channel UV reactor with multiple disinfection banks or multiple closed vessel reactors. Both options include provisions for one bank/vessel out of service for redundancy. Other recommended improvements include replacement of the existing auto-sampler and incorporation of a bulb monitor, automatic wiping systems, UV transmittance instruments, and a jib crane.

7. Solids Handling The solids handling improvements completed in 2013 accounted for the proposed design capacity of 3.6 MGD. The BFP should be refurbished in the next 10 years as part of regular maintenance. Improvements recommended as part of the WWTF expansion project include:

• Replacement of the digester covers and blowers

• Installation of davit cranes on top of the digesters

• Installation of a camera at the BFP

• Installation of a TSS probe on the decant line

• Installation of a truck scale for the solids roll-off dumpster

8. Instrumentation, Controls, and SCADA All process and equipment controls and instruments should be reviewed during the

WWTF expansion design for compatibility with a higher plant capacity, for age and reliability, and improved control over activated sludge and aeration. A dedicated SCADA system should be installed for the WWTF.

9. Other Recommended Improvement Items A diesel generator with ATS should be installed for backup power. The operations building could be expanded to the south to incorporate a larger break room and conference room.

3.0 SCOPE OF SERVICE

3.1 Services to be Provided

The successful Engineering Firm will become part of a collaborative team with the Pueblo West Metropolitan District. The Engineer shall utilize the Wastewater Master Plan to design an expanded WWTF to accommodate current and projects flows at buildout. It is expected that this will be the final expansion of the WWTF. Incorporate the identified maintenance and treatment process upgrades into the WWTF expansion in one project.

Treatment process upgrades should also be included in the Scope of Work. Required services include, but are not limited to:

1. Provide a detailed description of the Engineer’s proposed scope of work. List the basic services to be performed by the Engineer and assumptions regarding what will be provided by the District. The Engineer is expected to supplement these task descriptions as they deem necessary to complete each design phase of the project.

2. Engineering design services include preparing a basis of design for each item of the project, detailed design plans and specifications and any hydraulic and/or process modeling to support the design. Existing hydraulic and process models developed in support of the Master Plan will be made available to the successful firm. The selected Engineer is expected to develop a plan for improvements that may include other alternatives and to present those to the District for evaluation. The Engineer shall be fully responsible for all planning and design of the wastewater plant.

3. The Engineer will produce a site survey prepared by a professional surveyor licensed in the State of Colorado.

4. A professional engineer licensed in the State of Colorado shall complete and stamp the construction design and the as-built construction documents.

5. The Engineer will produce a subsurface geotechnical study of the site(s) prepared by a geotechnical engineer licensed in the State of Colorado.

6. The Engineer shall prepare and provide all necessary Scope of Work, Specifications, Design Drawings and Details, Detailed Bid Schedule and Opinion of Probable Cost for all components of work to be included in the construction project.

7. The Engineer shall provide design review sets at 30%, 60%, and 90% design stages.

Opinion of Probable Cost shall be provided at the 60%, 90% and 100% design stages.

8. The Engineer shall provide support with the Colorado Department of Public Health and Environment and submit all necessary materials and applications for permits and clearances from Colorado Department of Public Health and Environment, and any/all other agencies on behalf of the District.

9. Construction Phase Engineering services will not be a part of the initial contract but may be negotiated at a later date with a contract amendment.

10. Additional tasks or modifications to the task list that the Engineer feels will produce a more cost effective or timely project should be included in the proposal.

3.2 Design Criteria

Design to meet all CDPHE and Colorado Regulation 85 requirements including, but not limited to:

1. MGD Treatment for Full Buildout: Estimated at 3.60 MGD

2. Treatment for nutrient removal, to include phosphorous and nitrate.

3. Energy efficiency upgrades to include the possibility of photovoltaic cells and electricity storage.

3.3 Design Considerations

1. Review existing WWTF processes.

2. Review State of Colorado treatment regulations, i.e., temperature and PFAS.

3. Design for upgraded WWTF SCADA integration and automation.

4. The WWTF will be required to remain online during construction. Engineer will be required to provide a design plan to accommodate the continuous operation of the Facility during construction.

4.0 SUBMISSION REQUIREMENTS

The submitted Proposal should address all the points outlined in the request for proposal.

The submitted Proposal should be prepared simply and economically, providing a straightforward, concise description of the firm’s capabilities to satisfy the requirements of this request for proposal. While additional data may be presented, the following items must be included, as they represent the criteria against which the proposal will be evaluated.

Proposal should not exceed 50 pages.

Section 1 - Transmittal Letter:

The proposer may use this section to introduce the proposal and/or to summarize the key provisions of the proposal. The Transmittal Letter shall include, but not be limited to the following information:

1. Firm Name

2. Business Address

3. Remit to Address

4. Primary Contact Name, Telephone/Cell Phone Number(s) and Email Address.

5. Year Firm was Established.

6. Type of Ownership (LLC, Partnership, Corporation, etc.).

Section 2 – Project Approach Provide a detailed description of the project and technical approach for completing the scope of work and any suggested revisions. Provide any additional analysis or approaches your firm deems necessary or appropriate. Include a list of any unique ideas, innovative approaches and key issues relating to the project. Include any issues that your firm believes will require special consideration. The District will assess the Engineer’s understanding of all aspects of the project based on the proposed approach.

Section 3 - Project Team List contact information for the lead firm and all sub-consultants (if any) to be engaged for the project; organization chart, brief description of responsibilities and qualifications for key personnel that emphasize experience directly relevant to the project. Key personnel include the project manager, project engineer, process engineer, controls and instrumentation engineer, electrical engineer, structural engineer, mechanical engineer, architect, etc.

Section 4 – Schedule Provide an overall project schedule, including the timing of major work tasks, milestone deliverables, permits, District reviews and progress or draft reports. Engineer shall assume a minimum of two (2) weeks for all district review periods.

Section 5 – Management Control Program Describe the project management approach; cost control system used to track expenses and labor; method for project status reporting; and schedule control system. Describe the project review and QA/QC program.

Section 6 – Project Experience and References Provide brief descriptions of up to four projects completed over the last five years, performed by the individuals listed in Section 3. Projects must be similar in scope to the District’s project. Provide references for each of the listed projects.

Section 7 – Resumes Provide a resume for all key personnel listed in Section 3. Resumes should not exceed 2 pages per individual.

Section 8 – Insurance Provide a summary of the firm’s (and sub-consultants) insurance coverage. Minimum limits and types of insurance.

Section 9 – Cost

The price for this service MUST be submitted separately in a sealed envelope. Information requested must include, but not be limited to, the following:

• Proposed number of onsite meetings with staff.

• Tasks and sub-tasks.

• Personnel with titles and hourly rates on the top row.

• Total hours per sub-task for each identified personnel.

• Total direct labor costs estimated to complete each sub-task.

• Other direct and/or indirect costs.

• Break out costs of engineering and construction administration.

5.0 KEY TARGET DATES

July 19, 2024 RFP Posted

July 26, 2024 Mandatory Pre-bid meeting at 10:00 a.m. MT

July 31, 2024 Deadline for receipt of written questions, by 5:00 p.m. MT

August 6, 2024 Final Posting of applicable Addenda, 5:00 p.m. MT

August 16, 2024 Responses due at 2:00 p.m. MT – Electronically submitted only through Pueblo West Metropolitan District – Bid Opportunities and RFPs | BidNet Direct

August 16, 2024 Virtual Bid Opening, 2:01 p.m.

August 26, 2024 Tentative Board Approval obtained

September 9, 2024 Tentative Award actions completed

6.0 EVALUATION PROCESS

Proposer(s) must complete and return the entire RFP packet. RFP packet shall not be more than 50 pages. The District may conduct such investigations as the District considers necessary to assist in the evaluation of any Proposal to establish the responsibility, qualifications and financial ability of any potential provider to perform the services specified under this RFP within the prescribed time. Based on the evaluation process, a rank ordered list of responsive Proposer(s) shall be established. Oral presentations/interviews with the three (3) highest scoring firms, if necessary, will be scheduled during the timeline as indicated in the Key Target Dates section of this RFP. Points received in the initial RFP ranking (100 points possible) will be added to the score received for the oral presentation/interview (50 points possible). The District reserves the right to award the contract to the highest scoring firm after the initial 100-point evaluation.

If after the initial 100-point evaluation of all proposals the District deems additional information is needed to make an award selection; oral presentations/interviews will be conducted with the three

(3) highest scoring firms.

An award will be made by written or verbal “Notice of Award” to the selected offer. The decision of the District shall be final and conclusive, subject to the approval by the District Manager and/or Board of Directors.

6.1. Evaluation Criteria:

The District will analyze information provided by all Proposers. Criteria considered by the District in ranking the proposed Design and Engineering Services for Water Distribution Mains are:

Description Points

• Project Approach 25

• Schedule 20

• Management Control Program 20

• Similar Project Experience and References 25

• Completeness of Submitted Proposal 10

TOTAL AWARDED POINTS 100

Oral Presentation/Interview, if necessary

• Project Experience

• Cost

• Staff Experience & Qualifications

GRAND TOTAL AWARDED POINTS 150

7.0 MISCELLANEOUS CONDITIONS

7.1 Termination of Contract:

A. An initial Agreement with the Proposer would commence on the date Agreement is signed, and unless sooner terminated as provided herein, would terminate on December 31, 2024, and thereafter, may be renewed for two (2) subsequent one-year renewal(s) by separate written agreements signed by the parties. Any such renewal shall be made subject to the availability of appropriated funds for the District fiscal year corresponding with such renewal dates.

B. The District shall have the right to terminate the Agreement or any extension hereof, anytime for any reason. Notification of the District’s intent to terminate the Agreement must be provided to Provider, in writing, at least thirty (30) days before the date of termination.

7.2 Written Agreement:

All Proposers are hereby notified that the execution of a Contract pursuant to this RFP is dependent upon the negotiation of a mutually acceptable Contract with the successful proposer’s firm and subject to appropriation by the District of the necessary funds on an annual basis.

Signature on the Proposal Cover Sheet shall serve as an acknowledgement that the Proposer is willing to enter into an agreement on the terms and conditions identified in this RFP with the Pueblo West Metropolitan District if their proposal is accepted.

7.3 Preparation of Proposals:

The Proposal must be signed by a company representative authorized to bind the Proposer(s) contractually. Failure to read the RFP and these instructions will be at the Proposer(s) own risk. Corrections and/or modifications received after the closing time specified will not be accepted.

Information submitted to the District is subject to the Colorado Open Records Act (Sections 24-72-201, et seq., C.R.S. “CORA”). If Proposer believes that any material it submits constitutes “trade secrets, privileged information and/or confidential, commercial, financial, geological or geophysical data” under C.R.S. 24-72-204(3)(a)(IV), the Proposer shall mark those items as confidential or proprietary. Statements that the entire Proposal is confidential will not be honored and may cause the RFP submission to be rejected. The District is not bound by the Proposer’s determination as to whether materials are subject to disclosure under CORA and reserves the right to independently determine whether the materials are required to be made available for inspection or otherwise produced under CORA. The District will endeavor to keep information that is deemed to be confidential separate and apart from the Proposal subject to the provisions of the Colorado Open Records Act or order of court. Proposer shall indemnify and hold the District harmless from all attorney fees, costs and liability incurred by or awarded against District in connection with any litigation challenging District’s determination of whether the materials are required to be made available for inspection or otherwise produced under CORA.

7.4 Omissions:

Should the District omit information from this Request for Proposal that is necessary for a clear understanding of the work, or should it appear that various instructions are in conflict, then the offeror shall secure written instructions from the District’s Procurement Official at least seventy-two (72) hours prior to the time and date of the proposal opening.

7.5 Debarment:

By submitting this proposal, the proposer certifies that neither the company nor its principals is presently debarred, suspended, in the process of debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency.

7.6 Equal Opportunity:

The District adheres to a policy of equal opportunity and non-discrimination and will ensure that all proposers will be treated fairly and equitably throughout the proposal process, including the advertisement, evaluation and selection stages. Minority, small, disadvantaged & women-owned enterprises are encouraged to submit proposals.

7.7 Cost of Developing Proposals:

All costs related to the preparation of the proposals and any related activities are the sole responsibility of the proposer. The District assumes no liability for any costs incurred by offerors throughout the entire selection process.

7.8 Proposal Ownership:

All proposals, including attachments, supplementary materials, addenda, etc. shall become the property of the District and will not be returned to the offeror.

7.9 Additional Information:

For additional information or clarification concerning the services specified in this Request for Proposal, interested parties must submit their questions or comments, in writing, to the Procurement Specialist via e-mail to purchasing@pueblowestmetro.us. Questions will be answered in writing and posted on Rocky Mountain E-Purchasing website or sent to email addresses provided to the District in accordance with the dates designated in the “KEY TARGET DATES” section of this RFP.

Any contact with District staff that is not a request for additional information or clarification regarding the RFP as described in this section of the RFP is discouraged and could result in disqualification of the proposer.

Proposals must be submitted electronically via Rocky Mountain E-Purchasing System at https://www.bidnetdirect.com/colorado/pueblo-west-metropolitan-district. Submitted proposals must total no more than 75 pages and must be one (01) pdf document. Proposals received after the date and time listed above will not be considered.

Proposals shall be type written or printed in ink.

After reviewing all Proposals received, the District may contract for the provision of Design and Engineering Services for the Administration Building.

Any interpretation, correction or change of the proposal documents shall be made by addendum to proposers and posted on Rocky Mountain E-Purchasing website or sent to email addresses provided to the District. Interpretation, corrections or changes of the proposal documents made in any other manner shall not be binding, and proposers shall not rely upon such interpretations, corrections or changes.

Exceptions to any part of the requirements stated in this request must be clearly identified as exceptions. Alternatives should be stated at that point in the response.

7.10 Terms and Conditions:

Late Proposals will not be accepted or considered. It is the responsibility of the proposer to ensure that his/her Proposal is properly delivered to the required authority at the time and place designated in this Request for Proposal.

The District will notify unsuccessful proposers in writing. The District’s silence does not imply any acceptance or rejection of any quotation offer.

Issuance of this RFP does not constitute a commitment by the District to award a contract. The District reserves the right to reject any or all Proposals received in response to this RFP, to waive minor irregularities and informalities in Proposals received, or to cancel this RFP if it is in the best interest of the District to do so.

The Proposer agrees, if his/her Proposal is accepted by the District, to furnish supplies and/or services in strict accordance with the Proposal specifications and at those prices set forth for each item in said Proposal.

The Proposer may not withdraw his/her Proposal for a period of sixty (60) days subsequent to the opening of Proposals without the consent of the District.

The District will not be responsible for any goods delivered or services performed if the procurement of same has not been approved by the Pueblo West Metropolitan District.

The District is exempt from State Sales/Use Taxes under Colorado Tax Exempt Number 09802534.

Proposer shall be responsible for complying with all applicable law in the provisions of services hereunder and for maintaining the confidentiality of all financial and personal information, as required by all applicable laws, resulting from the services provided by the Proposer under this

RFP.

If an Agreement is entered into, the parties understand that the Agreement is subject to the annual appropriation of funds for its continuance by the District and upon failure of the District to appropriate funds for Agreement, Agreement shall be automatically terminated without liability for termination to the District.

7.11 Insurance:

During the term of the Agreement and until final acceptance by the District of all work covered by the Purchase Order or contract, the Consultant performing services under the agreement shall provide, pay for and maintain in full force and effect the types and minimum limits of insurance, as indicated below, covering the Consultant, their employees, subcontractors or representatives, along with the activities of any and all subcontractors retained by the or the activities of anyone employed by any of them, or their representatives or anyone for whose acts they may be liable.

Commercial General Liability Insurance

The Consultant shall maintain commercial general liability insurance covering all operations by or on behalf of the Consultant on a per occurrence basis against claims for personal injury (including bodily injury and death) and property damage (including loss of use).

Coverage will include, if appropriate for the scope of services: Products and Completed Operations, Contractual Liability and a Waiver of Subrogation. The District, its elected and appointed officials, employees, agents and representatives shall be named as Additional Insureds by endorsement.

Minimum limits:

$1,000,000 each occurrence $2,000,000 general aggregate

Commercial Automobile Liability Insurance

The Consultant shall maintain business automobile liability covering liability arising out of the operation of any vehicle (including owned, non-owned and hired vehicles) with minimum limits of $1,000,000 combined single limit each accident, naming the District as an Additional Insured.

Workers’ Compensation and Employers Liability Insurance

The Consultant shall maintain Worker’s Compensation Insurance with limits in accordance with the provisions of the Workers’ Compensation Act, as amended, by the State of Colorado. Additionally, the Consultant shall maintain Employers Liability Insurance with minimum limits of: $100,000 bodily injury for each accident, $100,000 bodily injury by disease each employee and $100,000 bodily injury disease aggregate.

Limits of Insurance

The total limits of general or automobile liability and excess liability insurance set forth above may be provided to the District using a combination of primary and excess liability insurance.

Additional Insured and Waiver of Subrogation

The Consultant shall name the District, its elected and appointed officials, employees, agents and representatives as additional insured by endorsement and provide a waiver of subrogation for the Commercial General Liability, Auto Liability and Excess Liability insurance policies. The certificate of insurance will include these specific requirements along with a copy of the relevant endorsements.

Certificates of Insurance. Upon the execution of the agreement, the Consultant shall provide certificates of insurance to the District demonstrating that at the minimum coverages required herein are in effect. Consultant agrees that the required coverages will not be reduced, canceled, non-renewed or materially changed without Thirty (30) days prior written notice to the District. All certificates of insurance must be kept in force throughout the duration of the services. If any of Vendor’s or Contractor’s or its subcontractor’s coverage is renewed at any time prior to completion of the services, the Consultant shall be responsible for obtaining updated insurance certificates for itself and such subcontractors from the respective insurance carriers and forwarding the replacement certificates to the District within five (5) days of the expiration date of any previously delivered certificate

The minimum A.M. Best rating of each primary insurer shall be A- X and the minimum A.M.

Best rating of each excess insurer shall be A- VIII. The Consultant shall provide copies of insurance policies to the District Risk Manager upon request.

Any of the minimum limits of insurance set out herein may be raised or lowered at the sole discretion of the Risk Manager for the District in response to the particular circumstances giving rise to the contract. The Vendor’s or Contractor’s policy will be primary and non-contributory with respect to any and all insurance policies purchased by the additional insured.

In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance requirements, the contract shall also be protected by a Professional Liability Insurance policy as set forth below:

Professional Liability Insurance

The Consultant shall maintain professional liability insurance with minimum limits of Two Million Dollars ($2,000,000), covering those claims which arise out of the negligent acts or omissions of the Consultant, its Subcontractor and any other parties for whom it may be liable including without limitation, bodily injury, personal injury, property damage and including a contractual liability endorsement specifically applicable to the insurable indemnity obligations set forth herein which Professional Liability Insurance shall be carried on a claims-made basis maintained in full force and effect for the term of the agreement and, to the extent possible, for a minimum period of Three (3) years after the completion of any and all of Consultant’s Services hereunder. Any retroactive date or prior acts exclusion to which such coverage is subject shall pre-date both the date upon which any services hereunder are commenced and the date of the agreement. In the event that coverage is renewed during the original term of any subsequent term of the agreement, endorsement(s) for the new policy(ies) shall be delivered within five (5) days after renewal.

7.12 Licenses:

A. The Proposer must have in its possession all applicable licenses and permits, must file all documents required by law and must request any required inspections in a timely manner as may be required by all authorities. The Proposer must cooperate with all government agencies and must comply with all laws, ordinances, resolutions, rules and regulations including, but not limited to, site assessment requirements.

B. The Proposer may be required to submit copies of all licenses, permits and insurance certificates to the District upon request.

The Proposer shall take all reasonable precautions in the performance of the work to protect from all hazards to life and property, and shall comply with all applicable health, safety and fire protection regulations and requirements.

8.0 Template Agreement:

Wastewater Treatment Facility Expansion Design Services Template Agreement

THIS AGREEMENT is made and entered into this _________ day of XXXX, 2024, by and between XXXX. (hereinafter referred to as “Consultant”) and Pueblo West Metropolitan District (hereinafter referred to as “District”).

WITNESSETH:

WHEREAS, District is in need of design services for the WasteWater Treatment Facility Expansion Design Services ; and

WHEREAS, the services Consultant is providing has been deemed a “Professional Service” and it is the recommendation of the Utilities Department, that an agreement be entered into with Consultant to provide Wastewater Treatment Facility Expansion Design Services for the Pueblo West Metropolitan District

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

OBLIGATION OF CONSULTANT:

As consideration for payment of the charges set forth herein, by District, Consultant agrees to supply all labor and materials to , as per the proposal submitted by Consultant, dated XXX, “Exhibit A” which is incorporated herein by this reference.

CHANGES IN THE WORK:

The District, without invalidating the purchase order contract, may order extra work, or make any other reasonably related changes by altering, adding to or deducting from the work. The contract price and time of completing of the work may then be adjusted accordingly by mutual agreement with a change order or amendment to the Agreement issued by the District.

TERM/TERMINATION:

This Agreement shall commence on the first date written above, unless sooner terminated as provided herein, and shall automatically terminate ninety (90) calendar days from the first date written above. The parties understand and agree that this Agreement is subject to the annual appropriation of funds for its continuance by the District and upon failure of the District to appropriate funds for this Agreement said Agreement shall be automatically terminated without liability for termination to the District.

If any work contemplated by this Agreement is initiated before this Agreement has been signed by all parties and approved by the Board of Directors, then the District may, at its option, chose to cancel this contract and pursue Contractor for any damages resulting from the early commencement of work.

GUARANTY

A. If, within one (1) year after the date of Substantial Completion of the Work or within one (1) year after acceptance by District, or within such longer period of time as may be prescribed by law, any of the Work, as described in this Agreement, is found to be defective or not in accordance with the scope of work, Consultant shall correct said defective Work promptly upon receipt of a written notice from the District to do so unless District with knowledge of the condition has given Consultant a written acceptance of such condition. In addition, one (1) month prior to guaranty ending, Consultant shall conduct an inspection of the Work, as a construction warranty inspection, and report findings to District within thirty (30) days. This obligation shall survive termination of the contract. In any case, District shall give notice of any defective condition promptly after the discovery thereof.

B. Any other manufacturer warranties for products purchased for the project by Consultant shall be transferred to the District by Consultant.

PERMITS, LICENSES AND REGULATIONS:

Permits and licenses required for prosecution of the work shall be procured and paid for by the Consultant.

Consultant warrants that has and will maintain all licenses and certifications required by federal or state law or regulations and agrees to abide by all the applicable laws, regulations and administrative rulings of the Untied States, State of Colorado, Pueblo West Metropolitan District, City of Pueblo, Pueblo County, and any other applicable political subdivision, securing any necessary license and permits in connection with implementing the Agreement. The Consultant shall notify the District, and the Agreement shall terminate, if the Consultant loses any such license or certifications.

CODE COMPLIANCE:

Consultant shall exercise usual and customary professional care in their efforts to comply with applicable law, codes and regulations in effect as of the date of this Agreement. Consultant will not be the final arbiters of code enforcement and interpretations. Consultant will not and does not warrant or guarantee in any manner whatsoever, that interpretations, rulings, and enforcements of the building officials will not add cost or time to the project. Design changes made necessary by newly enacted laws, codes and regulations after the date of this Agreement shall be considered additional services subject to an adjustment in compensation and schedule.

XI. STAFFING:

A. The Consultant personnel listed below are essential to the proper performance of the services under this Agreement:

Name Title

XXXXXXXXX XXXXX

The above-identified individuals are key persons and will be available to perform the Work. Consultant agrees to make key personnel available as required to perform the Work as long as such persons are employed by Consultant. Consultant shall obtain the prior written approval of the District before appointing other Consultant personnel as a substitute(s) for the above-named key personnel. The District reserves the right to reject proposed replacement personnel, or require the replacement of any Consultant personnel;

however such District action shall not subject the District to any liability to Consultant nor be used by Consultant as an excuse for failure to meet the requirements of this Agreement.

B. Consultant shall insure the quality, timeliness, and continuity of services are maintained through the duration of the project. Consultant shall avoid changes to the key personnel to the extent possible.

C. Consultant shall inform the District in writing of any non-employee persons or firms it intends to hire to perform any Work required by this Agreement and shall keep the District informed of any changes or additions to this information. The Contractor shall not continue Work until the District approves, in writing, any additional firms. Consultant shall be responsible for any Work performed under this Agreement, including that portion of the Work performed by other individuals or firms. Nothing contained herein shall create any contractual relationship between any additional persons and/or firm(s) and the District.

XII. DEDUCTION FOR UNCORRECTED WORK:

If the District finds that work was not performed in accordance with the contract, equitable reduction of the contract price shall be made therefore.

XIII. USE OF PREMISES:

The Consultant shall confine his apparatus, storage of materials, and operations of his workmen to such places and within such limits as to cause least inconvenience to the users of the site.

XIV. DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICES:

The Consultant will not discriminate against any employee or applicant for employment because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry; but with regard to a disability, it is not a discriminatory or an unfair employment practice if there is no reasonable accommodation that can be made with regard to the disability pursuant C.R.S § 24-34-402.

XVI. GENERAL:

A. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation of this contract. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.

B. The signatories to the attached contract state that they are familiar with C.R.S. § 18-8-301, et seq., (Bribery and Corrupt Influence) and C.R.S. § 18-8-401, et seq., (Abuse of Public Office), and that no violation of such provisions is present or has occurred.

C. The signatories state that to their knowledge, no District employee has any personal or beneficial interest whatsoever in the service of property described herein.

XVI. SALES TAX EXEMPTIONS:

It is understood by the Consultant that this project is exempt from any requirements for the collection of State and District sales or use tax, since this is a public project, and Consultant affirmatively states that provisions for such taxes are not included in its proposal for this project and will provide a certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for the purpose stated in C.R.S. § 39-26-708, and is exempt from Colorado State Sales Tax.

XVII. COLORADO LABOR PREFERENCE:

Consultant understands and agrees that the provisions of C.R.S. §§ 8-17-101-102, pertaining to the preference of Colorado labor are applicable to this agreement if public works within the District are undertaken hereunder and are financed in whole or in part by State or District funds.

XIX. DISTRICT'S RIGHT TO TAKE OVER THE WORK:

If the Consultant should be adjudged bankrupt; or if it should make a general assignment for the benefit of its creditors or if a receiver should be appointed on account of its insolvency; or if it should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled Workmen or proper materials; or if it should fail to make prompt payments to the sub-consultants or for materials or labor; or persistently disregard laws, ordinances, or the instructions of the Engineer; or otherwise be guilty of a substantial violation of any provision of the contract, then the District, upon certification by the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy, after giving the Consultant ten (10) days' written notice, terminate the employment of the Consultant and take possession of the premises and all materials, tools, and appliances thereon and finish the Work by whatever method the District may deem expedient. In such case, the Consultant shall not be entitled to receive any further payment until the Work is finished.

If the unpaid balance of the Contract price shall exceed the expense of finishing the Work, including compensation for additional material, administrative services, and engineering fees, such excess shall be paid to the Consultant. If the expense of completing the Work exceeds the unpaid balance, the Consultant shall pay the difference to the District. The expense incurred by the District as herein provided, and the damage incurred through the Consultant's default, shall be certified by the Engineer.

XX. DISTRICT'S RIGHT TO SUSPEND CONSULTANT'S PERFORMANCE OF THE

WORK:

For good and sufficient cause; such as: (a) unsuitable weather, (b) faulty workmanship, (c) Consultant's failure to carry out any reasonable order or to perform any provision of the purchase order and collateral documents, or (d) any other circumstance unfavorable for prosecution of the work, the District shall have the right to suspend the Consultant's performance of the work. Notice of such suspension shall be given in writing five (5) days before the suspension takes effect. The Consultant shall resume performance of the work promptly when so notified in writing by the District.

XXIV. APPROPRIATION OF FUNDS:

Funds have been appropriated for this project that is equal to or in excess of the contract amount, however, Consultant understands and agrees that this Agreement is expressly made subject to the annual appropriation of funds by District for its continuance and upon failure of District to appropriate funds for this Agreement said Agreement shall be terminated without liability to District and without regard to other termination notices required herein.

XXV. INSURANCE:

During the term of this Agreement and until final acceptance by the District of all Work, the Consultant performing services under this Agreement shall provide, pay for, and maintain in full force and effect the types and minimum limits of insurance, as indicated below, covering the Consultant, its employees, subcontractors or representatives, along with the activities of any and all subcontractors retained by the Consultant, or the activities of anyone employed by the Consultant or the subcontractor, or their representatives or anyone for whose acts for which they may be liable.

Commercial General Liability Insurance. The Consultant shall maintain commercial general liability insurance covering all operations by or on behalf of the Consultant on a per occurrence basis against claims for personal injury (including bodily injury and death) and property damage (including loss of use). Coverage will include, if appropriate for the scope of services: Products and Completed Operations, Contractual Liability, and a Waiver of Subrogation. The District, its elected and appointed officials, employees, agents and representatives shall be named as Additional Insureds by endorsement.

Minimum limits:

$1,000,000 each occurrence $2,000,000 general aggregate

Commercial Automobile Liability Insurance. The Consultant shall maintain business automobile liability covering liability arising out of the operation of any vehicle (including owned, non-owned and hired vehicles) with minimum limits of $1,000,000 combined single limit each accident, naming the District as an Additional Insured.

Workers’ Compensation and…