RFP 25-007 - Truman Bypass Sanitary Sewer Project.pdf

REQUEST FOR PROPOSALS

Cover Sheet https://app.smartsheet.com/b/form/efc2e7031002488a99b23c1734664982

4.

Item No. Description Quantity Unit Unit Cost Total Cost

General Conditions

100 Mobilization 1 LS

110 Potholing 1 LS

120 Survey 1 LS

130 Traffic Control 1 LS

Subtotal

Erosion Control

200 Curb Socks 6 EA

210 Inlet Protection 2 EA

220 Seed and Mulch 0.75 AC

230 Erosion Control Blanket 500 SY

Subtotal

Demolition

Concrete Pavement Removal and Disposal – including Overex for Base 1410 SY

310 Manhole Removal and Disposal 3 EA

Subtotal

Sanitary Sewer

400 18" SDR-35 PVC 1571 LF

410 5' Diameter Sanitary Manhole 9 EA

420 2nd and Roosevelt Tie-In 1 LS

430 Structure 13 Tie-In 1 LS

440 Structure 12 Tie-In 1 LS

450 4th and Truman Tie-In 1 LS

460 H2S Manhole Coating 1400 SF

470 Air, CCTV, Jetting 1571 LF

480 Bypass pumping 1 LS

Subtotal

Pavement

500 Subgrade Prep (Class 6) 1410 SY

510 Concrete pavement (6" Thick) 1410 SY

520 ADA Ramp Rebuild 8 EA

Subtotal

Owner Contingency = Force Account (10%)

Not to Exceed Cost

CERTIFICATION

Under penalties of perjury, I certify that:

(1) The number shown on this form is my correct Tax Identification Number, and

(2) I am not subject to backup withholding.

(3) I am a US person (including a US resident alien)

Signature________________________________________________

Date____________________

Print Name______________________________________________

Telephone Number ( )__________________________

INDEPENDENT CONTRACTOR AGREEMENT BY AND BETWEEN THE TOWN OF

BENNETT AND __________________

1.0 PARTIES

This INDEPENDENT CONTRACTOR AGREEMENT (“Agreement”) is made and entered into this

_____ day of ___________________, 20___ (the “Effective Date”), by and between the Town of

Bennett, 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. The 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. The Contractor acknowledges that this Agreement does not grant any exclusive privilege or right to supply Services to the Town. In its sole discretion, the Town may contract with other contractors to provide the same or similar services during the term of this Agreement.

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 on a per-task basis, such costs per task shall not exceed the amounts set forth in Exhibit A. The Town shall pay mileage and other reimbursable expenses which are deemed necessary for performance of the services and which are pre-approved by the

Town Manager. 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.

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 unless the Services or the documentation therefor are unsatisfactory. Payments made after thirty (30) days may be assessed an interest charge of one and one-half percent (1.5%) per month unless the delay in payment resulted from unsatisfactory work or documentation therefor.

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 said Town staff 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, 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

6.1 The term of this Agreement shall be from the Effective Date to ___________, 20___, unless the Agreement is 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 shall progress so that the Services are completed in a timely fashion consistent with the Town’s requirements.

6.2 Nothing in this Agreement is intended or shall be deemed or construed as creating any multiple-fiscal year direct or indirect debt or financial obligation on the part of the Town within the meaning of Colorado Constitution Article X, Section 20 or any other constitutional or statutory provision. All financial obligations of the Town under this

Agreement are subject to annual budgeting and appropriation by the Bennett Board of

Trustees, in its sole discretion. In the event of non-appropriation, this Agreement shall terminate effective December 31 of the then-current fiscal year.

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 7.1.3. 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 ONE MILLION

DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS

($2,000,000) aggregate. The policy shall include the Town of Bennett, its officers and its employees, as additional insureds, with primary coverage as respects the Town of

Bennett, 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 FIVE HUNDRED THOUSAND

DOLLARS ($500,000) per person in any one occurrence and ONE MILLION

DOLLARS ($1,000,000) for two or more persons in any one occurrence, and auto property damage insurance of at least FIFTY THOUSAND DOLLARS ($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. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this paragraph shall be met by each employee of the Contractor providing services to the Town of Bennett under this contract.

7.2 The Contractor’s general liability insurance, 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 the contract, 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.

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

IMPOSED RESPONSIBILITIES INCLUDING, BUT NOT LIMITED 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.

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.

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. Contractor shall not provide copies of any such material to any other party without the prior written consent of the Town.

16.0 ENFORCEMENT

In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys’ fees and related court costs. Colorado law shall apply to the construction and enforcement of this Agreement. The parties agree to the jurisdiction and venue of the courts of Adams County in connection with any dispute arising out of or in any matter connected with this Agreement.

17.0 COMPLIANCE WITH LAWS

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.

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.

19.0 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 facsimile or email transmission, addressed to the party for whom it is intended at the following address:

If to the Town:

Town of Bennett

Attn: ________________

207 Muegge Way

Bennett, CO 80102

Telephone: (303) 644-3249

Fax: (303) 644-4125

Email: __________________

If to the Contractor:

Telephone: ___________________

Fax: ________________________

Email: ______________________

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. Notices by email transmission shall be effective on transmission, so long as no message of error or non-receipt is received by the party giving notice. Either party may by similar notice given, change the address to which future notices or other communications shall be sent.

In witness whereof, the parties have executed this Agreement to be effective as of the day and year of signed by the Town.

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.

21.0 NO THIRD PARTY BENEFICIARIES

It is expressly understood and agreed that enforcement of the terms and conditions of this

Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the

Town and Contractor, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of the parties that any person other than the Town or Contractor receiving services or benefits under this

Agreement shall be deemed to be an incidental beneficiary only.

22.0 SUBCONTRACTORS

Contractor may utilize subcontractors identified in its qualifications submittal to assist with non-specialized works as necessary to complete projects. Contractor will submit any proposed subcontractor and the description of its services to the Town for approval. The Town will not work directly with subcontractors.

23.0 AUTHORITY TO BIND

Each of the persons signing below on behalf of any party hereby represents and warrants that such person is signing with full and complete authority to bind the party on whose behalf of whom such person is signing, to each and every term of this Agreement.

TOWN OF BENNETT

A Colorado Municipal Corporation

By:___________________________

Attest:_______________________

Town Clerk

CONTRACTOR:

By: _____________________________

Title: _____________________________

Date: _____________________________

Exhibit A – Scope of Services and Price Information

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