REQUEST FOR PROPOSALS NORTH WATER RECLAMATION FACILITY INFRASTRUCTURE IMPROVEMENT PLAN AUGUST 19, 2015

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1 REQUEST FOR PROPOSALS NORTH WATER RECLAMATION FACILITY INFRASTRUCTURE IMPROVEMENT PLAN AUGUST 19, 2015 Parker Water & Sanitation District ~ East Woodman Drive, Parker, Colorado 80134

2 TABLE OF CONTENTS REQUEST FOR PROPOSALS... 4 SECTION 1 INTRODUCTION GENERAL INFORMATION PROJECT SUMMARY CONTRACT TIME... 7 SECTION 2 SCOPE OF WORK ESTIMATED PROJECT SCHEDULE SCOPE OF SERVICES Task 1: Project Management Task 2: Review of Existing Documentation Task 3: Evaluation and Documentation of Alternatives Task 4: SWRF Condition Assessment Task 5: Odor Control Evaluation Task 6: Biosolids Evaluation Task 7: Power Generation Evaluation Task 8: Alternative Tertiary Treatment Evaluation Task 9: Alternative Disinfection Evaluation Task 10: Alternative Delivery Method Evaluation Task 11: Engineering Report Additional Services Transfer of Records COST ESTIMATES SECTION 3 PROPOSAL INSTRUCTIONS ORIGINAL PROPOSAL Water Reclamation Facility Infrastructure Improvement Plan 2

3 3.2 PROPOSAL FORMAT FEE PROPOSAL SECTION 4 SELECTION PROCESS PROPOSAL SELECTION SELECTION OF CONSULTANT AWARD OF CONTRACT APPENDIX A PROFESSIONAL SERVICES AGREEMENT... 1 Water Reclamation Facility Infrastructure Improvement Plan 3

4 REQUEST FOR PROPOSALS NORTH WATER RECLAMATION FACILITY INFRASTRUCTURE IMPROVEMENT PLAN AUGUST 2015 Parker Water & Sanitation District (PWSD) is requesting proposals from qualified consulting firms (Consultant) to provide engineering services for the North Water Reclamation Facility (NWRF) Infrastructure Improvement Plan. The Scope of Work Section of this (RFP) describes the services required for this project. Proposals shall be submitted as instructed in the Proposal Instructions Section of the RFP, and will be accepted by PWSD until 2:00 PM local time, September 21, Proposals shall be no more than twelve (12) printed pages, double sided; pages shall be 8.5 x 11 however, up to two (2) 11 x 17 pages in tri fold format may be included that shall count as one (1) page each. The font size shall be equivalent to Times New Roman 11 point or larger. One (1) original and five (5) paper copies and one electronic copy in PDF format on a compact disc of the technical proposal shall be enclosed in a sealed package marked Proposal. Each package shall be legibly marked in the upper left hand corner with the name and address of the Consultant shall be delivered by mail or in person to: Parker Water & Sanitation District North Water Reclamation Facility E. Woodman Drive Parker, CO Attn: Stephanie Sansom, P.E. RE: North Water Reclamation Facility Infrastructure Improvement Plan Late submittals will not be considered and will be returned unopened. Faxed copies of proposals will not be considered. Each proposal shall be valid for a period of not less than ninety (90) days from the date of receipt by PWSD. The technical proposals shall be retained by PWSD and cannot be returned. All proposals will remain sealed until after the submission deadline. PWSD will not reimburse any costs associated with the preparation and submittal of any proposal or for any travel and/or per diem costs that are incurred. PWSD retains the right to reject any and all proposals, to waive any informalities in the proposals received, and to accept the proposal deemed most advantageous to the best interest of PWSD. A mandatory pre proposal conference will be held on August 24, 2015 at 10:00 AM local time at the Administration Building of the North Water Reclamation Facility, Conference Room B. The purpose of the pre proposal conference is to provide assistance to prospective consultants in the interpretation of the s, Scope of Services, Sample Contract, and other technical and contractual matters. The pre proposal conference will be followed by an optional tour of the two (2) water reclamation facilities. Water Reclamation Facility Infrastructure Improvement Plan 4

5 Requests for clarification concerning the RFP shall be submitted to Stephanie Sansom, Senior Project Manager, PWSD by to Requests submitted via telephone or facsimile will not be addressed. Requests received after 5:00 p.m. on August 28, 2014 will not be addressed. During the period between the earliest notice of the RFP and the contract award, no PWSD employee can accept oral, written, or electronic contact regarding the procurement, except as authorized in the paragraph above. Proposers are advised not to contact any other persons regarding this RFP other than the contact person listed during the procurement period. Inappropriate contact may result in removal of the proposer from this and future procurements. Responses to requests for clarification shall be in writing and shall be distributed to all Consultants in the form of a supplement, and without identification of the source of any inquiry on September 4, The following is a tentative RFP schedule: August 24, 2015 Mandatory Pre Proposal Conference at 10:00 a.m. followed by an optional tour of the two (2) water reclamation facilities August 28, 2015 Technical questions regarding RFP due by 5:00 p.m. September 4, 2015 Responses to requests for clarification distributed September 21, 2015 Proposals Due by 2:00 p.m. Week of September 28, 2015 Short listed firms notified* Week of October 5, 2015 Interviews with Short listed firms Completed* * These dates are estimated and subject to change. The following attachments are included with this RFP: Attachment A Overview Map of Plant and Lift Station Locations Water Reclamation Facility Infrastructure Improvement Plan 5

6 SECTION 1 INTRODUCTION 1.1 GENERAL INFORMATION Parker Water & Sanitation District (PWSD) is requesting proposals from qualified consulting firms (Consultant) to provide engineering services for the North Water Reclamation Facility (NWRF) Infrastructure Improvement Plan. PWSD operates two (2) wastewater reclamation facilities: the NWRF, constructed in 2004, and the South Water Reclamation Facility (SWRF), constructed in 1988, with various process and infrastructure upgrades occurring through The facilities are presently permitted for hydraulic capacities of 2.0 million gallons per day (MGD) each, and both facilities provide tertiary treatment of all wastewater generated within the District. With increased wastewater treatment capacity required by 2021, an in depth alternatives analysis must be conducted to evaluate PWSD s facilities and infrastructure as a whole prior to increasing treatment plant capacity at the NWRF. 1.2 PROJECT SUMMARY PWSD currently has a total permitted treatment capacity of 4.0 MGD which is split evenly between the NWRF and SWRF. The SWRF was originally designed as a 1.5 MGD facility. In 2011 PWSD pursued and received a re rating of the SWRF to 2.0 MGD based in part on historical performance of the facility. A total treatment capacity of 6.0 MGD is anticipated to be sufficient for District treatment requirements through By 2021 both facilities will likely be handling their rated flows and the total PWSD wastewater flows will begin to exceed 4.0 MGD. Therefore, PWSD will need to have additional treatment plant capacity online before There are several options regarding timing, capacity and location for future capacity expansion(s). These options are influenced by the following factors: The disparity between the conditions and remaining useful life expectancies of the SWRF AWT and the remainder of the SWRF. The desire to ultimately consolidate all treatment capacity at the NWRF site which will simplify operations and maintenance efforts. The need to maximize the remaining useful life of the SWRF without expending significant capital for infrastructure that will ultimately be decommissioned. Benefits of consolidation include, but are not limited to, economies of scale, reduced travel time for operations staff between the two sites, reduced sampling and testing expenses, and simplification of facility operation and maintenance. Additionally, the Colorado Department of Public Health and Environment (CDPHE) permit is complicated given that it governs two (2) facilities and two (2) discharge locations. Consolidation of operations would allow for a simplified discharge permit. Water Reclamation Facility Infrastructure Improvement Plan 6

7 The selected Consultant shall assess the WRF s current and future capacities, current and future regulations, and make recommendations and provide a cost benefit analysis for short term and long term improvements for secondary and tertiary wastewater treatment at the two facilities. Potential improvements to the NWRF shall be evaluated including, but not limited to: Odor control systems; Biosolids handling; Power feeds; Alternative tertiary treatment processes; and Alternative disinfection strategies. The consolidation of all tertiary treatment to the NWRF is required due to the deterioration of the equipment in the SWRF AWT building. However, the Consultant shall also provide a conditions assessment of the SWRF to provide PWSD with a summary of the useful life of the existing equipment and infrastructure. For all options and evaluations, the Consultant shall include an assessment of Life Cycle Costs (including capital, operations and maintenance), site constraints and constructability. The two main WRF consolidation alternatives to be evaluated are: 1. Move all treatment operations to an expanded NWRF (6.0 MGD) and decommission the entirety of the SWRF. 2. Keep the SWRF operational to provide a maximum of 2.0 MGD of secondary treatment. a. Decommission the SWRF AWT and convey all secondary effluent to the NWRF for tertiary treatment. b. Expand the NWRF for a total of 4.0 MGD of raw wastewater treatment while also receiving and treating the secondary effluent from the SWRF (AWT increased capacity to 6.0 MGD). Along with the major alternatives evaluation, the potential capital and operational impacts to the SWRF Raw Wastewater Pump Station, Challenger Lift Station and Clarke Farms Lift Station need to be addressed, along with the need for a new interceptor to convey flow from the SWRF to the NWRF. Other relevant facility improvements and recommendations are listed in the 2014 Water & Wastewater Master Plan. These proposed improvements shall be considered and integrated into the evaluation. 1.3 CONTRACT TIME The selected Consultant shall complete the NWRF Infrastructure Improvement Plan by July 2016, or as proposed by the Consultant, provided that project goals are met to the District s satisfaction. Water Reclamation Facility Infrastructure Improvement Plan 7

8 SECTION 2 SCOPE OF WORK Parker Water & Sanitation District (PWSD) is requesting proposals from qualified consulting firms (Consultant) to provide engineering services for the North Water Reclamation Facility (NWRF) Infrastructure Improvement Plan. An infrastructure improvement plan is to be developed that will serve the current and future needs of PWSD in order to identify the most appropriate technologies and their respective costs for inclusion in the next treatment facility expansion. The Consultant shall consider the recommendations of the 2014 Water & Wastewater Master Plan, but shall provide an independent evaluation using their own expertise and sound engineering principals. A primary goal of this project is to develop an alternative evaluation process by which PWSD can determine whether or not to decommission the South Water Reclamation Facility (SWRF). This alternatives analysis shall be both quantitative (cost benefit analysis) and qualitative. PWSD has made every effort to define a comprehensive scope of services for this project, but the Consultant is expected to develop additional ideas to ensure that all issues will be identified and evaluated beyond what has been described herein. It is envisioned that this will be a highly collaborative and coordinated effort with both parties fully engaged throughout the entire process. 2.1 ESTIMATED PROJECT SCHEDULE The anticipated notice to proceed for this project is October 23, The goal is to have a comprehensive evaluation of the proposed NWRF Infrastructure Improvement Plan complete by July 2016; however, due to concerns regarding increasing disposal costs, the preliminary biosolids evaluation shall be completed by December It is up to the Consultant to develop a detailed schedule as it pertains to their proposed project approach. If this targeted end date seems either too ambitious to accomplish the tasks identified herein, or if the entire evaluation can be completed sooner, given the identified constraints and requirements, please note the anticipated date in the proposal. 2.2 SCOPE OF SERVICES In general, the following services are requested for the NWRF Infrastructure Improvement Plan: TASK 1: PROJECT MANAGEMENT Project management is a critical activity in the execution of this project; the project will require consistent and constant project planning and management and close collaboration with the PWSD team. In order to ensure that this project is successfully completed in a timely manner and to the satisfaction of PWSD, the following project management items are being included in the scope of work for this project: Water Reclamation Facility Infrastructure Improvement Plan 8

9 PROJECT MANAGEMENT PLAN AND SCHEDULE Within 14 days of the Notice to Proceed, the Consultant shall prepare a Project Management Plan (PMP) which includes team member identification and contact information, roles and responsibilities of the team members, management activities that ensure compliance, quality assurance/quality control (QA/QC) plan, key deliverables, schedule, risk, and budget requirements. The project schedule shall include each task with subtasks, milestones, critical path designation and a schedule for key progress meetings. The Scope of Work shall be completed by July 2016, or as best recommended by the Consultant (please refer to Section 2.1 above). PROJECT MEETINGS AND WORKSHOPS Kickoff Meeting: Upon receipt of a written Notice to Proceed, the Consultant shall schedule and conduct a kick off meeting with PWSD. The meeting shall be attended by at least two (2) Consultant personnel who will be directly involved with the evaluation and any team leads. The meeting is assumed to take two (2) hours. At the kick off meeting, the Consultant shall be prepared to review the scope of the project, provide an initial project schedule, and confirm deliverables. The Consultant is responsible for organizing this meeting including preparing agendas, compiling meeting minutes and distributing the minutes to all attendees or as required. Meeting minutes shall be prepared and distributed to all attendees within five (5) working days. Alternatives Evaluation Workshop: The Consultant shall schedule and facilitate a meeting with PWSD staff after the Draft Alternative Evaluations Task Memorandum has been submitted to discuss key issues and review project progress at a time agreed upon with PWSD s Project Manager (PM). The meeting shall be attended by at least two (2) Consultant personnel who were involved with the alternatives evaluation. The workshop is assumed to take two (2) hours. The Consultant is responsible for organizing these workshops including preparing agenda, compiling meeting minutes and distributing the minutes to all attendees, or as required. Meeting minutes shall be prepared and distributed to all attendees within five (5) working days. Alternative Delivery Workshop: The Consultant shall schedule and facilitate a meeting with PWSD staff to evaluate proposed project delivery methods whose strengths and attributes best match or align with the goals and needs of the project. The meeting shall be attended by at least two (2) Consultant personnel who were involved with the alternatives evaluation. The workshop is assumed to take two (2) hours. Additional Meetings/Workshops: The Consultant shall schedule and facilitate a minimum of two (2) additional meetings/workshops with PWSD staff, including Engineering and Operations, as needed to discuss existing and future operational needs. The number of meetings necessary to execute this project should be proposed and detailed in the Proposal. Water Reclamation Facility Infrastructure Improvement Plan 9

10 If the Consultant believes additional workshops are required to complete this project, they may be proposed in the Fee Proposal as additional items and detailed in the Proposal. Scheduling of meetings should take into account that the schedule of PWSD staff is limited and topics of conversation should be consolidated where possible. WEEKLY STATUS UPDATES The Consultant s PM shall prepare a weekly status for the PWSD PM and coordinate a weekly follow up phone call to discuss status and progress. MONTHLY PROJECT SUMMARY REPORT The Consultant s PM shall prepare a monthly project summary detailing the following items: A listing of work performed during the month and a listing of anticipated work during the next month. Information shall be broken down by Task and Subtask. Consultant person hours utilized to date, along with total person hours allocated. This shall be done for each Task and Subtask. Consultant s Direct Labor, Indirect and Sub Consultant (if applicable) Costs, Other Direct Costs for each Task and Subtask, along with current balances. Actual and projected expenditures including an earned value calculation and percent complete. Invoices for the period covered in the report will be processed upon delivery and approval of the monthly report by the PWSD Project Manager. Items that are required as part of the standard invoice need not be duplicated for the monthly reports. MONTHLY INVOICES The Consultant shall submit to PWSD monthly invoices detailing costs incurred in conjunction with the project. Each invoice shall cover a period of one calendar month (or a four week time period) and shall be submitted to PWSD within six weeks after the end of each billing cycle. Prior to the start of this project, the Consultant s Project Manager shall submit a sample invoice for PWSD personnel to review for conforming to PWSD s invoicing requirements and format. Minimum required information is provided below, but is not an all inclusive list. Final invoice format shall be approved by the PWSD project manager prior to issuance of first invoice: Project Title and Number. Invoice date. Invoice number and billing period. Summary of work performed during invoice period, broken down and detailed by Task and Subtask. Water Reclamation Facility Infrastructure Improvement Plan 10

11 Consultant staff hours utilized to date and total staff hours allocated, for each Task and Subtask. Consultant s Direct Labor, Indirect Costs, Sub Consultant Costs, and Other Direct Costs for each Task and Subtask, with current balances. Scope of work percent complete by task and for total project as estimated by consultant independent of expenditure percent complete. Remaining funds by task and for total project shall be clearly presented TASK 2: REVIEW OF EXISTING DOCUMENTATION The Consultant shall review existing documentation on the existing water reclamation facilities and associated collection system. The Consultant shall conduct a detailed site visit to the NWRF, SWRF, Challenger Park Lift Station, and Clarke Farms Lift Station, and review all of the available resources to adequately evaluate the existing infrastructure. All site visits shall be coordinated through PWSD personnel and PWSD personnel shall be present at all times. A Draft and Final Technical Memorandum (TM) shall be provided to summarize the site visits and a review of the existing documentation. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM TASK 3: EVALUATION AND DOCUMENTATION OF ALTERNATIVES The evaluation shall investigate the following two (2) alternatives for the NWRF and SWRF. ALTERNATIVE 1 The Consultant shall evaluate and develop a plan to move all treatment operations to an expanded NWRF (increased capacity to 6.0 MGD) and decommission the entirety of the SWRF. This alternative would require the construction of a new interceptor to convey untreated wastewater to the NWRF. ALTERNATIVE 2 The Consultant shall evaluate and develop a plan to: Keep the SWRF operational to provide a maximum of 2.0 MGD of secondary treatment; Decommission the SWRF AWT and convey all secondary effluent to the NWRF for tertiary treatment; and Water Reclamation Facility Infrastructure Improvement Plan 11

12 Expand the NWRF for an increased 2.0 MGD of raw wastewater treatment while also receiving and treating the secondary effluent from the SWRF (AWT increased capacity to 6.0 MGD). Alternative 2 would require the construction of a new interceptor to convey secondary effluent to the NWRF AWT facility. Each alternative shall evaluate the potential capital and operational impacts to the SWRF Raw Wastewater Pump Station, along with the need for any new pump stations or interceptors to convey flow from the SWRF to the NWRF. Wastewater will not currently gravity flow to the NWRF through existing infrastructure. It is possible that the existing SWRF Raw Wastewater Pump Station could be modified to provide this required pumping capacity, depending on the proposed alternative. Additionally, depending on the selected alternative, a number of lift stations throughout the PWSD service area may also be decommissioned. At a minimum, other items that shall be incorporated into the evaluation shall include: Life cycle Costs (including capital, operations, maintenance and solids disposal); Current and Future Regulations (solids disposal, permit consolidation, sampling requirements and labor required for sampling events); Site Constraints; Ease of Operation and Maintenance; Summary Cost / Benefit Analysis; Risk Analysis; Schematic for each Alternative (including layout and preliminary sizing for each process); Constructability; and Sustainability Concepts. Additional items shall be added to the list to provide a comprehensive evaluation. In addition, a risk analysis shall be provided for each alternative. The Consultant shall anticipate potential risks associated with the project and prepare action plans to respond to each possibility. As identified in Section 2.2.1, an Alternatives Evaluation Workshop shall be held as part of this task. A Draft and Final Technical Memorandum (TM) shall be provided to summarize the Alternatives Evaluation. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM. Water Reclamation Facility Infrastructure Improvement Plan 12

13 2.2.4 TASK 4: SWRF CONDITION ASSESSMENT In general, the physical condition of the SWRF is relatively good, given its respective age. However, the SWRF is older than the NWRF, and this must be accounted for when planning future capital expenditures for both capacity expansion and routine operations and maintenance. For example, while the SWRF is undergoing ongoing modifications to keep the plant running, some of the components are reaching an advanced age and replacement parts are no longer available. The Consultant shall provide a comprehensive condition assessment of the SWRF to provide PWSD with a summary of the useful life of the existing equipment and infrastructure. This evaluation should include whether or not any of the existing equipment could be reutilized in the NWRF expansion should the SWRF be decommissioned (e.g. the mechanical bar screens in the headworks or the dissolved air flotation thickeners). A Draft and Final Technical Memorandum (TM) shall be provided to summarize the SWRF Condition Assessment. This TM shall include an MS Excel (or similar) table which summarizes the process equipment, buildings, etc., that were included in the condition assessment. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM TASK 5: ODOR CONTROL EVALUATION The NWRF is surrounded by industrial and residential property, and during certain times of the year, PWSD receives complaints regarding odors generated from the headworks building and the aerobic digesters. PWSD is willing to evaluate options including a switch to anaerobic digestion, however, the pros and cons to this conversion must be detailed, including, but not limited to, the point at which the switch becomes most economically beneficial (e.g. flow rate). The Consultant shall evaluate the potential capital and operational impacts to the NWRF with the installation of an odor control system for these processes. A Draft and Final TM shall be provided to summarize the Odor Control Evaluation. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM TASK 6: BIOSOLIDS EVALUATION Currently the NWRF dewatered sludge disposal process consists of one (1) progressive cavity pump equipped with a mechanically driven bridge breaker. The dewatered sludge pump functions to pump dewatered sludge from the belt filter press dewatered sludge hopper to the truck loading station. The truck loading station consists of one (1) pipe that discharges to a truckmounted dumpster. Once full, the truck unloads the dumpster onto a concrete dumpster pad for pickup and disposal. Water Reclamation Facility Infrastructure Improvement Plan 13

14 The existing sludge dewatering belt presses are Phoenix Model WX 2.2H which produce an average cake concentration of between 12 and 14 percent. The Consultant shall evaluate whether there are more effective technologies that can be used, e.g. a centrifuge; the Consultant shall also evaluate whether or not a change in technology and/or the increase in solids concentration will lead to a decrease in overall cost for treatment and disposal. The existing sludge disposal process does not allow for efficient biosolids transfer to the truck loading station. The Consultant shall evaluate alternative options for biosolids transfer, including, but not limited to, equipment that can provide better distribution between multiple dumpsters without the need for relocating individual dumpsters to the concrete dumpster pad when full via a truck. In addition, there is a stormwater drain located directly to the west of the NWRF concrete dumpster pad. During precipitation events, operations staff must make sure that this concrete pad is swept clean in order to maintain a zero exposure of biological constituents to the stormwater drain. The Consultant shall evaluate alternative methods to keep any biological constituents from entering the stormwater drain. At both the NWRF and SWRF, once the biosolids are relocated from the truck loading station to the concrete dumpster pad, Veris Environmental, LLC (Veris) hauls the dumpsters away for disposal. Veris is a newly formed company resulting from the January 2015 merger of Parker Ag Services, LLC of Limon, CO and Liquid Waste Management, Inc. of Longmont, CO. This merger has limited PWSD s options for residuals management from both the NWRF and the SWRF to one company. The Consultant shall evaluate alternative options for future biosolids management at the NWRF and SWRF, including, but not limited to, disposal at the Douglas Arapahoe Disposal Site, purchasing land for treatment to Class A biosolids, land application or a do nothing scenario. The Consultant shall evaluate the potential capital and operational impacts to the NWRF for any improvements to the biosolids transfer system, and to the NWRF and SWRF for future biosolids management. A Draft and Final TM shall be provided to summarize the Biosolids Evaluation. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM TASK 7: POWER GENERATION EVALUATION The NWRF currently has two power feeds on two separate electrical grids provided by Intermountain Rural Electric Association (IREA). During the original design of the NWRF, these two power feeds were installed in order to provide backup power should one of the grids ever fail; however, in the past, both power grids have failed at the same time, causing a loss of power to the entire plant. The NWRF has a small backup generator which powers the influent pumps and Water Reclamation Facility Infrastructure Improvement Plan 14

15 Pump No. 3 from the AWT system to Horseshoe Pond. Two separate power feeds to the NWRF results in double the cost for standby power. The Consultant shall evaluate the potential capital and operational impacts to the NWRF including, but not limited to, the following alternatives: A new generator were installed at the NWRF to power more equipment than just the influent pumps and the AWT pump; One or two of the generators from the SWRF were to be moved to the NWRF to provide backup power (if the SWRF were to be decommissioned); or An alternative method were identified to remove one of the IREA power feeds while still providing backup power to the NWRF. A Draft and Final TM shall be provided to summarize the Power Generation Evaluation. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM TASK 8: ALTERNATIVE TERTIARY TREATMENT EVALUATION PWSD currently uses two different types of advanced water treatment filters for the tertiary treatment of the NWRF and SWRF secondary effluent (one set of filters at each of the plants). The NWRF uses Tonka filters with MRI plate settlers; the SWRF uses a Trident package water treatment system with Microfloc technology. As mentioned in Section 1.2, operation of the SWRF tertiary treatment system is no longer sustainable and the NWRF tertiary treatment system requires expansion from 2.0 MGD to 6.0 MGD in order to treat the secondary effluent from both the NWRF and SWRF. While the existing multi media filtration portion of the NWRF tertiary treatment system works well, the current method of coagulation and flocculation (mechanical flocculators and plate settlers) is limited and subject to variability with seasonal changes in temperature, leading to increased turbidity and decreased filter run times. The Consultant shall provide an analysis and evaluate the potential capital and operational impacts to the NWRF including, but not limited to, the following alternatives: The existing coagulation and flocculation portion of the tertiary treatment system were converted to an alternate technology; and The expansion of the tertiary treatment system from 2.0 MGD to 6.0 MGD resulted in a conversion to an alternate technology. Any alternative technology shall be pilot tested prior to being included in the preliminary design for plant expansion. Pilot testing is not included in this scope of work, however, if pilot testing is deemed necessary, the proposed Project Schedule shall identify adequate time for completion prior to the end of this project. Water Reclamation Facility Infrastructure Improvement Plan 15

16 A Draft and Final TM shall be provided to summarize the Alternative Tertiary Treatment Evaluation. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM TASK 9: ALTERNATIVE DISINFECTION EVALUATION PWSD currently uses chlorination for disinfection of the tertiary effluent followed by dechlorination prior to discharge. Chemical addition for disinfection is sufficient to meet water quality goals; however, PWSD is interested in looking at alternatives to chemicals, including, but not limited to UV disinfection. As mentioned in Section 1.2, operation of the SWRF tertiary treatment system is no longer sustainable and the NWRF tertiary treatment system requires expansion from 2.0 MGD to 6.0 MGD in order to treat the secondary effluent from both the NWRF and SWRF; therefore alternative disinfection options are only required for the NWRF. The Consultant shall provide an alternatives analysis and evaluate the potential capital and operational impacts to the NWRF for any changes to disinfection alternatives. Any potential impacts to the water quality that may affect the permitted discharge shall also be evaluated. A Draft and Final TM shall be provided to summarize the Alternative Disinfection Evaluation. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM TASK 10: ALTERNATIVE DELIVERY METHOD EVALUATION There are a variety of project delivery approaches available to PWSD for design and construction. The Consultant shall provide an alternative project delivery method evaluation that: Defines the goals and objectives for the overall project; Defines any unique issues and/or risk(s) that could significantly impact the project; Ranks these goals, objectives and issues in order of priority and importance, and matches them to the strengths and attributes of the various project delivery alternatives. The evaluation process shall not simply identify advantages and disadvantages of each project delivery method, but evaluate and propose a project delivery method whose strengths and attributes best match or align with the goals and needs of the project. As identified in Section 2.2.1, an Alternative Delivery Workshop shall be held as part of this task. A Draft and Final TM shall be provided to summarize the Alternative Delivery Method Evaluation. The Consultant shall provide one (1) electronic (Adobe PDF) format copy of the draft TM for review and comment and one (1) original hard copy and one (1) electronic (Adobe PDF) format copy of the final TM. Water Reclamation Facility Infrastructure Improvement Plan 16

17 TASK 11: ENGINEERING REPORT The Consultant shall prepare a draft engineering report summarizing the background information, the alternatives, the evaluation of each alternative, and the final recommendation for all tasks listed in this RFP. Tables summarizing the feasibility, constructability, effectiveness, scheduling and all associated costs shall be provided. Cost summaries shall include capital, operational and present worth cost information. The cost estimate shall be completed as an AACE Class 4 Budget Estimate. TM s developed as part of the evaluation process may comprise the body of the Engineering Report, but the executive summary and final conclusions sections must comprehensively analyze and reflect the project. A MS Excel table of the SWRF Conditions Assessment shall be included as part of this report. The Consultant shall provide ten (10) original hard copies and one (1) electronic (Adobe PDF) format copy of the draft engineering report for review and comment. The electronic copy shall include bookmarks for main sections, sub sections, tables and figures. A workshop shall be held between PWSD and the Consultant to discuss and finalize the results of the report. After the meeting between PWSD and the Consultant, the Consultant shall incorporate comments and changes to the draft report, and prepare a final suitable report for submittal to PWSD. The Consultant shall provide 10 (10) original hard copies and one (1) electronic (Adobe PDF) format copy of the final engineering report to PWSD within four (4) weeks of the draft report meeting. The electronic copy shall include bookmarks for main sections, sub sections, tables and figures ADDITIONAL SERVICES PWSD has made every effort to define a comprehensive scope of services for the NWRF Infrastructure Improvement Plan. However, the Consultant is encouraged in its proposal to identify any additional work that is not specified in this Scope of Work that would be, in the Consultant s opinion, necessary to complete the Project as defined herein. Innovation and evaluation of sustainable options are encouraged Consultant may propose additional services that in its opinion will improve the efficiency and quality of the project. If identified, the Additional Work or Services must be included in the proposal, but separated out in the Consultant s Fee Schedule. Water Reclamation Facility Infrastructure Improvement Plan 17

18 TRANSFER OF RECORDS It is the intent of PWSD that the work effort be conducted in a manner that maximizes PWSD s flexibility regarding follow up studies or design related efforts and other PWSD projects. Software and software programs that would be necessary to achieve this shall be made available to PWSD. Utilization of proprietary software, which cannot be made available to PWSD at the end of this project will not be allowed. Copies of all records (project reports, meeting notes, data files, project data, original tracings, maps, field sketches, lab reports, flow data, design calculations, graphic originals, electronic files, etc.) generated shall be the property of PWSD and shall be turned over to PWSD upon completion or as directed. All deliverables shall be required to be delivered to PWSD in hardcopy and electronic (original software and PDF) format. Depending on the size of the electronic deliverables, the Consultant may be required to provide and utilize portable hard drive(s) for delivery. 2.3 COST ESTIMATES PWSD is in the process of developing a cost estimating standard guideline for all Consultants to follow when estimating and maintaining budgets throughout the life of a project. For each cost estimating submission, compliance with the Association for the Advancement of Cost Engineering (AACE) International Recommended Practice 18R 97 shall be maintained. This standard prescribes the use of estimating principals at various phases of design completion and the use of appropriate contingencies as the project progresses. For cost estimates developed for the WRF Infrastructure Improvement Plan, the AACE Class 4 Budget Estimate shall be prepared in accordance with AACE International Recommended Practice 18R 97 for a typical purpose of concept screening with an expected accuracy range of 15% to 30% / +20% to +50%. Cost estimates shall provide backup information on how the cost estimates were developed and clarification on any assumptions made. Background calculations shall be provided, and sources of information shall be cited. Water Reclamation Facility Infrastructure Improvement Plan 18

19 SECTION 3 PROPOSAL INSTRUCTIONS 3.1 ORIGINAL PROPOSAL The complete proposal must be submitted in a sealed package with one (1) original and five (5) paper copies and one (1) electronic copy in PDF format on a compact disc of the technical proposal shall be enclosed in a sealed package marked Proposal, prior to opening date and time. Each package shall be legibly marked in the upper left hand corner with the name and address of the Consultant. PWSD reserves the right to reject any or all proposals, including without limitation the right to reject any or all nonconforming, nonresponsive, unbalanced or conditional proposals and to reject the proposal of any consultant if PWSD believes that it would not be in the best interest of PWSD to make an award to that consultant, whether because the proposal is not responsive or the consultant is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by PWSD. 3.2 PROPOSAL FORMAT Proposal submittals shall be clear, accurate, and comprehensive and provide specific and succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the proposer. Generic marketing material is discouraged. Excessive or irrelevant material will not be favorably received. Submittals shall be limited to twelve (12) pages, exclusive of cover letter, front and back covers, title page, section dividers and resumes. Pages shall be 8.5 x 11 however, up to two (2) 11 x 17 size pages in trifold format are permitted and each sheet shall count as one (1) page each. Font size shall be equivalent to Times New Roman 11 point or larger. Resumes shall be included as Appendix A. Additional project information shall be included as Appendix B. Submittals shall be organized and numbered in the order presented below: COVER LETTER SECTION 1: Firm History and Background with General Response to RFP. Include a brief history of the company and provide any background information that may be relevant to the evaluation of the NWRF Infrastructure Improvement Plan. SECTION 2: Project Team Qualifications. Proposed project team including PM, QA/QC and technical resources, support staff and proposed subconsultants (as required). For each key team member, define their specific roles, location and time commitment to the project, and provide brief resumes. Include a team organizational chart. If subconsultants are included, identify their role, prior experience working with them as a team, and summarize their qualifications. It is the responsibility of the Consultant to ensure that the team proposed Water Reclamation Facility Infrastructure Improvement Plan 19

20 for this project is available to meet the project commitments, and it is expected that key personnel identified in the proposal will remain on the project through its entire duration. Full resumes of key project personnel shall be included as Appendix A. SECTION 3: Project Approach. Provide a summary and an approach to completing the project, including addressing the preliminary elements of the Scope of Work contained within this RFP, and any additional anticipated issues and proposed strategies for addressing the issues based on additional insight, capabilities and/or perspectives of the Consultant. This includes providing a summary of the project, the primary objectives, and key technical issues, defining project milestones, including project meetings and workshops. Develop a work breakdown structure for all phases of the project. Provide a schedule showing when the tasks will be completed and a list of project deliverables. Include a discussion of schedule, budget and quality control. SECTION 4: Summary of Similar Projects. Include a minimum of four (4) example projects, including client references, that the Consultant has completed within the past ten (10) years that demonstrate the experience of the proposed team members to satisfy the scope of work. Project descriptions shall include information on whether the project was completed on time and within budget per the original schedule and budget. Any discrepancies shall be explained. Additional project information shall be provided as Appendix B. 3.3 FEE PROPOSAL The Consultant shall submit a proposed fee in a separate, sealed envelope labeled Proposed Fee. Consultant s proposed fee shall include a detailed cost breakdown for each of the project tasks defined in this RFP, resource assignments/titles, estimated hours for each title for completion of each task, total labor hours per task, billing rates for each title, total task completion cost, services by others, and reimbursable direct expenses. Any additional proposed Work or Services must be included as separate line item(s) in the fee proposal and shall be detailed in the same manner. Water Reclamation Facility Infrastructure Improvement Plan 20

21 SECTION 4 SELECTION PROCESS 4.1 PROPOSAL SELECTION Proposal evaluations will occur following the RFP closing date. To receive consideration, all responses must be received before the closing time and date specified in the Proposal Instructions section of the RFP. The following evaluation factors will be used for the evaluation and selection of the Consultant. The order of the listed criteria is not indicative of their priority, weighting or importance. Project Manager qualifications (as they relate to the scope of work); Team member qualifications (as they relate to the scope of work); Previous experience with similar projects; Ability to meet or exceed client expectations on similar projects and proposed innovation; Understanding of the scope of work; Completeness and competence of the project approach developed to satisfy the scope of work; Discussion of constraints, problems, and issues that should be anticipated during the performance of services and suggested approaches to resolving these problems; Conformance with RFP instructions and quality of RFP submittal; and Cost of services. 4.2 SELECTION OF CONSULTANT Proposals will be reviewed and a shortlist of qualified Consultants will be developed. Short listed Consultants will be selected based upon an evaluation of approach, demonstrated competence, innovation, professional qualifications necessary for the satisfactory performance of the services required, and fees. The number of Consultants shortlisted will be based on the quality of the proposals. Interviews of the shortlisted Consultants will be determined after the review of the proposals by the selection committee. Interviews will be held at shortlisted Consultants offices. 4.3 AWARD OF CONTRACT Upon Consultant selection, contract award will be contingent upon successful negotiation of a professional services agreement and formal approval by the PWSD Board of Directors. This process usually takes two to four weeks. The successful Consultant will be notified that they have been selected prior to seeking PWSD Board of Directors approval. PWSD Board of Director approval will be subject to successful negotiation of the final terms associated with the scope, schedule, and budget. Upon approval by PWSD Board of Directors, PWSD will enter into a professional services agreement with the successful Consultant, included in Appendix A. Work shall not commence until PWSD Board of Director approval of the award is obtained, the contract is signed and notice to proceed is issued by PWSD. In the event of a conflict between this RFP and the Contract Agreement, the Contract Agreement shall govern. Water Reclamation Facility Infrastructure Improvement Plan 21

22 All other services, phases of engineering, final designs, other future planning studies, and any related construction phase support services that may result from this work will not be part of the initial award for this project. If any additional engineering services are required to complete this project beyond those included in the initial contract award, it will be PWSD s intent to add any additional services/phases as an amendment to the contract if and when PWSD determines it is appropriate to do so. Any amendment for adding services is at the sole option of PWSD to continue with the completion of the project and is subject to funding. The award of the initial contract as described above shall not be considered a guarantee by PWSD to the successful firm of the award of any contract amendment(s) for future phases of services/work associated with the project. The award of the initial contract as described above shall not preclude the successful firm from bidding on any subsequent phases of work, including, but not included to additional phases of engineering, final designs, other future planning studies, and any related construction phase support services that may result from this work. Water Reclamation Facility Infrastructure Improvement Plan 22

23 APPENDIX A PROFESSIONAL SERVICES AGREEMENT

24 PARKER WATER AND SANITATION AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of 20, by and between THE PARKER WATER AND SANITATION DISTRICT (the "District"), a Colorado special district and political subdivision having an address at E. Woodman Drive, Parker, Colorado and ( Consultant ) with an address of (collectively the "Parties"). WHEREAS, the District requires professional services; and WHEREAS, Consultant has held itself out to the District as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: I. SCOPE OF SERVICES A. Consultant shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in the attached Exhibit A. B. A change in the Scope of Services shall constitute a material change or amendment of services or work which is different from or additional to the Scope of Services. No such change, including any additional compensation, shall be effective or paid unless authorized by written amendment executed by the District. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the District is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. COMMENCEMENT AND COMPLETION OF WORK Consultant shall commence work as set forth in the Scope of Services. Except as may be changed in writing by the District, the Scope of Services shall be completed and Consultant shall furnish the District the specified deliverables as provided in Exhibit A. Time is of the essence in completion of the services described in Exhibit A. Except for acts of God, acts of insurrection or national emergency, weather conditions which are significantly abnormal and which render performance of the required services impossible, Consultant shall not be entitled to additional time to complete the services described in Exhibit A, and the Consultant shall be held to the time for completion identified in Exhibit A. -1-8/19/15

25 Should Consultant, for whatever reason, require additional time to complete such services, Consultant shall request such additional time in writing, explaining the reasons why such additional time is required. The District shall consider such request in good faith, and may grant all or part of the requested additional time if the District determines that good cause exists for granting such additional time. The District is not under any obligation to grant any additional time for any delay in performance which is attributable to any action or inaction on the part of, or which was in the control of Consultant or any agent, employee or subcontractor of Consultant. In the event the District grants Consultant's request for additional time, such grant of additional time shall be Consultant's sole relief and shall be granted in lieu of additional compensation. III. COMPENSATION A. In consideration for the completion of the Scope of Services by Consultant, the District shall pay Consultant an amount not to exceed Dollars ($.00). Unless specified otherwise in the Scope of Services, payment shall be made upon satisfactory completion of the Scope of Services. This maximum amount shall include all fees, costs and expenses incurred by Consultant, and no additional amounts shall be paid by the District for such fees, costs and expenses. B. Notwithstanding the maximum amount specified in Paragraph A hereof, Consultant shall be paid only for work performed at Consultant's standard rates. If Consultant completes the Scope of Services for a lesser amount than the maximum amount, Consultant shall be paid the lesser amount, not the maximum amount. IV. PROFESSIONAL RESPONSIBILITY A. Consultant hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. B. The work performed by Consultant shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Consultant hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. C. The District s review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. D. Because the District has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform any of the work required under the Scope of Services, unless specifically stated otherwise in the Scope of Services. 2 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

26 V. OWNERSHIP The materials, items, and work specified in the Scope of Services, together with any and all related documentation and materials provided or developed by Consultant shall be exclusively owned by the District. Consultant expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a work made for hire. To the extent, if at all, it shall not constitute a work made for hire, Consultant hereby transfers, sells, and assigns to the District all of its right, title, and interest in such work. VI. INDEPENDENT CONTRACTOR Consultant is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that it is a District employee for any purposes. VII. INSURANCE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed by law. B. Consultant shall procure and maintain, and shall cause any subcontractor of Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the District. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) disease policy limit, and one million dollars ($1,000,000) disease each employee. Evidence of qualified self-insured status may be substituted for the worker's compensation requirements of this Paragraph. 2. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall be endorsed to include the District and the District's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

27 3. Automobile liability insurance for bodily injury and property damage with minimum combined single limits of one million dollars ($1,000,000). 4. Professional liability insurance with minimum limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) general aggregate. C. Any insurance carried by the District, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under any policy. D. Consultant shall provide to the District a certificate of insurance, completed by Consultant's insurance agent, as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the District. The District reserves the right to request and receive a certified copy of any policy and any endorsement thereto. E. Failure on the part of Consultant to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the District may immediately terminate this Agreement, or at its discretion, the District 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 District shall be repaid by Consultant to the District upon demand, or the District may offset the cost of the premiums against any monies due to Consultant from the District. VIII. INDEMNIFICATION Consultant agrees to indemnify and hold harmless the District and its officers, insurers, volunteers, representatives, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement or the Scope of Services if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Consultant, any subcontractor of Consultant, or any officer, employee, representative, or agent of Consultant, or which arise out of any worker's compensation claim of any employee of Consultant or of any employee of any subcontractor of Consultant. IX. TERMINATION This Agreement shall terminate at such time as the work described in the Scope of Services is completed and the requirements of this Agreement are satisfied, or upon the District's providing Consultant with seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by the District's issuance of written notice of intent to terminate, the District shall pay Consultant for all work previously authorized and completed prior to the date 4 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

28 of termination. If, however, Consultant has substantially or materially breached this Agreement, the District shall have any remedy or right of set-off available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion of the Scope of Services, any use of documents by the District thereafter shall be at the District's sole risk, unless otherwise consented to by Consultant. X. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Consultant hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under the Agreement and that Consultant will participate in either the E- Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement B. Prohibited Acts. Consultant shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Contract; or (2) Enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. C. Verification. (1) If Consultant has employees, Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement through participation in either the E-Verify Program or the Department Program. (2) Consultant shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Contract is being performed. (3) If Consultant obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien who is performing work under the Agreement, Consultant shall: 1. Notify the subcontractor and the District within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under the Agreement; and 2. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subsection (1) hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under the Agreement; except that Consultant shall not terminate 5 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

29 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 who is performing work under the Agreement. D. Duty to Comply with Investigations. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S (5)(a) to ensure that Consultant is complying with the terms of this Contract. E. If Consultant does not have employees, Consultant shall sign the No Employee Affidavit attached hereto. F. If Consultant wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Consultant shall sign the Department Program Affidavit attached hereto. XI. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Douglas County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the District shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Consultant and the District, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either party without the written consent of the other. 6 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

30 I. Governmental Immunity. The District and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S , et seq., as amended, or otherwise available to the District and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the District under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the District's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriations. Consistent with Article X, 20 of the Colorado Constitution, any financial obligations of the District not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the District hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first set forth above. PARKER WATER AND SANITATION DISTRICT, a Colorado special district By: Ron R. Redd, Manager CONSULTANT By: STATE OF COLORADO ) ) ss. COUNTY OF ) Title: The foregoing instrument was subscribed, sworn to and acknowledged before me this day of, 20, by as of. My commission expires: (S E A L) Notary Public 7 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

31 EXHIBIT A SCOPE OF SERVICES 8 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

32 NO EMPLOYEE AFFIDAVIT [To be completed only if Consultant does not have any employees] 1. Check and complete one: I,, am a sole proprietor doing business as. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the District, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I,, am the sole owner/member/shareholder of, a [specify type of entity i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the District, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. OR I am a United States citizen or legal permanent resident. District must verify this statement by reviewing one of the following items: A valid Colorado driver's license or a Colorado identification card; A United States military card or a military dependent's identification card; A United States Coast Guard Merchant Mariner card; A Native American tribal document; In the case of a resident of another state, the driver s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or Any other documents or combination of documents listed in the District s Acceptable Documents for Lawful Presence Verification chart that prove both the contractor s citizenship/lawful presence and identity. I am otherwise lawfully present in the United States pursuant to federal law. Consultant must verify this statement through the federal Systematic Alien Verification of Entitlement ( SAVE ) program, and provide such verification to the District. Signature: 9 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

33 DEPARTMENT PROGRAM AFFIDAVIT [To be completed if Consultant participates in the Department of Labor Lawful Presence Verification Program] I,, as a public contractor under contract with the Parker Water and Sanitation District (the District ), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ( Contract ) with the District within twenty (20) days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Contract; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Contract. Consultant Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of, 20, by as of. My commission expires: (S E A L) Notary Public 10 8/19/15 C:\USERS\SSANSOM\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\6DBQK25V\PROFESSIONAL SERVICES AGREEMENT.DOC

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