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HomeMy WebLinkAboutResolution 34-25 RFPPage | 1 RFP – On-Call Electrical Services REQUEST FOR PROPOSALS On-Call Electrical Services Date Issued: Wednesday, February 12, 2025 Proposals due by 2:00 PM MST Wednesday, March 5, 2025 ATTACHMENT 2 Page | 2 RFP – On-Call Electrical Services PROJECT SUMMARY AND PURPOSE 1. The Town of Estes Park (Town) seeks proposals from Service Providers to provide the Town with professional Electrical Services (Services) on an on-call, as-needed basis. The Town reserves the right to award multiple Service Providers. The Town’s objective through this Request for Proposals (RFP) is to establish a list of Service Providers, at the sole discretion of the Town, eligible to provide as-needed on-call Electrical Services for various projects to be determined. For any contract(s) awarded as a result of this RFP, no minimum or maximum number of projects assigned to selected Consultants can be guaranteed by the Town. The contract will be administered by the Internal Services Department; however, the scope of work may not be limited to one Division or Department within the Town. More details are provided in the Scope of Services Section. PROPOSAL SCHEDULE The following is the schedule for Proposers: Request for Proposals (RFP) Advertisement Wednesday, February 12, 2025 Deadline for Questions (5:00 PM MTN TIME) Wednesday, February 19, 2025 Final Addenda Issued Monday, February 24, 2025 Proposals Due (2:00 PM MTN TIME) Wednesday, March 5, 2025 Proposal Evaluation (including vendor presentations/ interviews as the Town deems appropriate) March 6, 2025 through March 21, 2025 Contract Preparation and Execution (by selected vendor(s)) By April 9, 2025 Town Board Approval (tentative) April 22, 2025 Consultant Notice to Proceed (Anticipated) April 23, 2025 I.INTRODUCTION Page | 3 RFP – On-Call Electrical Services PROPOSAL DOCUMENTS Request for Proposals document can be obtained through Rocky Mountain Purchasing (BidNet) www.rockymountainbidsystem.com or found on the Town’s Website (https://estespark.colorado.gov/rfp). The Town of Estes Park, Colorado will receive sealed Proposals for On-Call Electrical Services until Wednesday, March 5, 2025. Proposals may be submitted via one of the following methods: 1. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com); or 2. Email in electronic format (PDF) only to Robert Schumaker, Facilities Supervisor/ Project Manager at RSchumaker@estes.org. It is the Proposer’s responsibility to clearly identify in the email subject line “RFP for ON-CALL ELECTRICAL SERVICES,” or Late Proposals will not be accepted or considered. The Request for Proposal Documents are available on www.rockymountainbidsystem.com as well as on the Town’s website at www.estes.org/rfp. Interested proposers are responsible for verifying receipt of all applicable documentation, including any associated addenda. The Town of Estes Park cannot guarantee accurate information obtained from sources other than BidNet. WRITTEN QUESTIONS Prospective proposers may submit written inquiries concerning the requirements of this RFP to the Project Manager via BidNet or e- mail before the Deadline for Questions listed above. Proposers are reminded that any changes to the RFP will be by written addenda only and nothing stated verbally shall change or qualify in any way any of the provisions in the RFP and shall not be binding on the Town. PROPOSER COMMUNICATIONS & REQUESTS All correspondence, communications, and contact regarding this RFP shall be with the Town representative identified as follows: Robert Schumaker, Facilities Supervisor/ Project Manager Facilities Division, Internal Services Department Town of Estes Park 170 MacGregor Avenue, Room 100 Estes Park, CO 80517 Phone: 970-577-3957 Email: rschumaker@estes.org Prospective Service Providers/ individuals and their representatives shall not make any contact or communicate with any members of the Town, other than the Project Manager, regarding any aspect of this RFP. At any time during this procurement up to the time specified in “Proposal Schedule,” prospective Service Providers/ individuals may submit a request for a clarification or interpretation of any Page | 4 RFP – On-Call Electrical Services aspect or requirement of the RFP. All questions and subsequent answers will be included in addendum documentation. If it should appear to a prospective service provider that the scope under the contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or contract documents, or that any conflict or discrepancy exists between different parts thereof or with any Federal, State, or local law, ordinance, rule, regulation, or other standard or requirement, then the proposers shall submit a written request for clarification to the Town within the time period specified above. ADDENDA TO RFP The Town reserves the right to amend the RFP at any time. Any amendments to or interpretations of the RFP shall be described in written addenda. The Town shall post addenda for prospective consultants to access through BidNet and on the Town’s website. It is the responsibility of prospective Service Providers to access all addenda. All addenda issued shall become part of the RFP. If the Town determines that the addenda may require significant changes in the preparation of proposals, the deadline for submitting the proposals may be postponed by the number of days that the Town determines will allow proposers sufficient time to revise their proposals. Any new due date shall be included in the addenda. PROJECT DESCRIPTION The Town invites submittal of proposals from Service Providers interested in providing Professional On-Call Electrical Services. The Town is anticipating contracting annually with two (2) or more contractors renewable for a total of up to 5-years with services secured through work order(s) assignments. Work order(s) for each project will take into account the scope of service, work schedule, and fee proposal submitted to the Town. SCOPE OF SERVICES A. General Scope of Services: The scope of services for specific projects will be determined at the time when the Town solicits work order proposals. The Town’s usage of the on-call services is on an as-needed basis so that if the demand is not there, then the services will not be requested. For each on-call service request, the Service Provider and the Town will agree upon a specific scope of work and cost for that project through a work order process. The Town has the right to retain other Service Providers at its sole discretion when the Town believes there will be an economic or other significant advantage in doing so. No minimum amount of work is guaranteed under these agreements. Compensation will be based on time and material with a not-to-exceed limit agreed upon by both the Service Provider and Town before work begins based on the mutually agreed work order. B. Description of Services: The Service Provider shall provide all labor, management, supervision, materials, parts, equipment, and transportation necessary to perform routine II.PROJECT OVERVIEW, SCOPE OF SERVICES Page | 5 RFP – On-Call Electrical Services maintenance and repairs, emergency repairs, testing, installation, and inspection of all new and existing electrical service components at Town facilities. Service Providers should be aware of the fact that the manufacturers, types, sizes, outputs, controls, and other elements of the Towns existing electrical service components will vary. Services are to be provided on an ‘on-call, as-needed’ basis in Town owned facilities including but not limited to: Town Hall Police Department (in Town Hall) Power and Communications – Dekker Building Trailblazer Broadband/ Power & Communications building (Woodstock Drive) Water Division Fleet Services Streets Services Estes Park Museum Parks Division Estes Park Visitor Center Estes Park Events Complex Off Site Storage Facilities All Town-owned public restroom facilities The Service Provider: • will coordinate with other Town contractors as necessary; • shall use certified and licensed/ skilled technicians under the direction of an electrical contractor who has all applicable Town and state licenses. • shall be responsible for ensuring necessary inspections are scheduled and completed satisfactorily. Upon completion of the work, the Service Provider shall conduct an operating test in the presence of the designated Town representative and shall demonstrate that all equipment is operating properly. • will use qualified and approved materials and supplies. Some materials may be supplied by the Town. • will provide all necessary documentation for any work performed. The Service Provider shall be required to remove and dispose of all waste from the Work site. Handling and disposal of all waste (to include hazardous material and/or waste) shall be conducted by the Service Provider according to all most recent federal, state, and local health and environmental regulations. C. Urgent\Emergency Situations. In the event of an urgent or emergency situation related to the general welfare and safety of the Town, Service Provider shall respond as reasonably as soon as possible when requested by the Town. The Town shall determine, in its sole discretion, when a situation is urgent or an emergency (an “Urgent\Emergency Situation”). When the Town’s Representative determines what work is required, the Service Provider will respond and be ready and available for work at the time the call for service is received. The Service Provider shall coordinate directly with the Town’s Representative and perform all of the duties and responsibilities the requested work requires during the term of this Agreement. Service Provider agrees to follow the Town’s Representative’s directives as to what Work shall be performed. D. Emergency Response Time. Service Provider shall be available to perform any and all Page | 6 RFP – On-Call Electrical Services services on a twenty-four (24) hour a day, seven (7) day a week basis. For Emergency Response, Service Provider shall be on-site and ready to provide services no later than two (2) hours after the call is placed by the Town’s Representative requesting an emergency response. Failure to reasonably comply with this maximum response time may result in the termination of this Agreement. Emergency Response situations are classified as such by the Town’s representative at the Town’s sole discretion. E. Emergency Equipment Requirements. Service Provider shall provide all equipment, whether owned or rented, necessary to perform the Work. F. Work Authorization Procedure. There are generally five (5) types of situations under which the Town may assign Work under this Agreement: 1. Emergency Work that requires mobilization as soon as possible after notification is given to the Service Provider. Emergency is defined as a situation that is a threat to the public health or welfare. 2. Expedited, but non-emergency, non-scheduled Work that the Town desires to expedite due to a benefit to the Town, such as mitigating negative financial impact, which requires response by the Service Provider as soon as possible, but no later than within two (2) Calendar Days maximum, after notification is given to the Service Provider. 3. Non-emergency, non-scheduled Work that requires response by the Service Provider as negotiated in the schedule development phase of the Work. 4. Scheduled Work, such as for routine maintenance to be performed at pre- determined intervals as mutually agreed upon by the Parties. 5. Competitive Solicitation. In consideration of Service Provider’s prequalified status, Service Provider may be requested to submit a sealed bid for a Work Assignment in response to a formal or informal solicitation issued by the Town. G. Assignment of Scope of Work. Non-Emergency Work. Except in the case of Urgent\Emergency Work, which there is no time to develop a Scope of Work (SOW) before the Work begins, or the scheduled Work has a predetermined SOW, the Town will develop a specific SOW for each given Work Assignment before the assigned Work begins. The SOW may include written description of the Work, sketches, drawings, and/or technical specifications. Emergency Work. The SOW of Emergency Work shall be to take whatever means are necessary to stabilize the situation to eliminate the emergency condition. The Town, in consultation with the Service Provider, shall determine what steps are necessary to stabilize in an emergency situation. Further remedial Work following stabilization of the emergency will then be handled on either an expedited basis or non-emergency basis. Thereafter, the Scope of Scheduled Work will be defined in the Work Assignment. Before the Work begins, the Town and the Service Provider will review the Scope of Work of each Work Assignment to ensure the role of each Party is defined and understood. Each SOW will address the physical features of the Work Assignment, the timeframe for completion of the Work, Page | 7 RFP – On-Call Electrical Services any necessary phasing, and whether the Work requires obtaining a permit (such as building permit, NPDES, traffic control, etc.) or not. At a minimum, the SOW will include a written description of the Work to be done, and when appropriate, shall include any required sketch or engineering drawings. H. Performance Bonds For any scope of work with an estimated cost of $50,000 or more, the Service Provider must provide a performance bond and a payment bond. These bonds must be issued by a surety company authorized to do business in Colorado and must be in an amount equal to 100% of the contract price. The bonds shall guarantee the faithful performance of the contract and the payment of all obligations arising thereunder. The Service Provider shall submit proof of bonding capacity with their cost proposal for each scope of work with an estimated cost of $50,000 or more. Failure to provide the required bonds within ten (10) days of the Town’s acceptance of the scope of work cost proposal from the Service Provider may result in the forfeiture of the scope of work. I. Invoices. Charges shall comply with Exhibit 4, Schedule of Charges. For any Services required by the Town in or on Town owned property, or in or on non-Town owned property which the Town is responsible to pay, Service Provider shall provide a detailed Invoice. Invoices may be on the Service Provider’s standard form. Documentation of the costs acceptable to the Town as defined in Exhibit 4 shall be attached to each of Service Provider’s invoices. All Invoices or Applications for Payment shall at a minimum include the following: • The Town’s Purchase Order Number; • Dates and times of Services performed; • Location of the Services performed; • The name of the Town Representative who authorized each Work Assignment; • An itemized list of all Services performed; J. Submission of Invoices. Invoices, including all documentation, may be emailed to the Town. Alternatively, a hard copy may be mailed to the Town. The Town reserves the right to request any additional backup information deemed necessary to substantiate the Service Provider’s (or it’s Subcontractors’) invoiced costs prior to release of payment for the invoiced services. K. Compliance with Federal, State and Local Regulations, Rules and Standards. All Work shall be conducted according to all most recent federal, state, and local regulations. Service Provider is responsible for obtaining any necessary permits and licenses required to perform Work. All employees and/or subcontractors of the Service Provider shall be trained and adequately qualified and/or certified to efficiently, effectively, and lawfully execute the services being rendered. Page | 8 RFP – On-Call Electrical Services USE OF SUBCONSULTANTS The Service Provider shall indicate in the proposal any on-call work intended to be performed by subconsultants or persons outside of their firm. The Service Provider shall name the subconsultants, if known at the time of proposal submittal. Subconsultants shall be bound to meet the same quality standards and schedules. They will also provide the same level of documentation as described in Section III below. AWARD OF CONTRACT A formal contract will be awarded to the responsive and responsible proposing Service Provider whose proposal, conforming to the RFP and according to the selection factors, which the Town considers to be most advantageous to the Town’s interests. If chosen, the Service Provider will enter into an agreement with the Town via Exhibit 5, Professional Services Contract. The executed contract will include billing rates that the selected Service Provider will be expected to maintain throughout the first year of the contract. For the subsequent years in which the contract is renewed, the Town will consider renegotiation of the billing rates prior to the start of the contract year. Invoicing shall be based on the Service Provider’s hour rate schedule provided in the proposal. The successful consultant shall acquire a Town Business License prior to signing the contract. A Town Business License can be obtained through the Town Clerk’s Office at https://www.colorado.gov/pacific/townofestespark/businesslicensing. MATERIAL OWNERSHIP All material submitted regarding this RFP becomes the property of the Town and will only be returned to the Service Provider at the Town’s option. The Town has the right to use any or all ideas presented in reply to this RFP. Disqualification of proposer does not eliminate this right. RESPONSIBILITY The selected Service Provider will be required to assume responsibility for all services offered in the proposal whether or not they possess them within their organization. The selected Service Provider will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. PROPOSAL VALIDITY The proposer agrees to be bound by its proposal for a period of one-hundred and twenty (120) days from the deadline to submit proposals pursuant to this RFP, during which time the Town may request clarification or correction of the proposal for the purpose of evaluation. Amendments or clarifications shall not affect the remainder of the proposal, but only that portion so amended or clarified. TERM OF CONTRACT The term of the contract resulting from this RFP is anticipated to be one-year with up to four one- year renewals thereafter (for a contract period not to exceed a total of five years). The Town will generate the Professional Services Contract (Exhibit 5) in accordance with Town policy. Page | 9 RFP – On-Call Electrical Services ORGANIZATION OF THE SUBMISSION All proposals shall include the following information, organized as separate sections. The sections of the RFP shall be indexed per the sections noted below in the submittal format for easy reference. 1) Company Profile: A brief overview of the service provider, including its history, size, and experience in plumbing services, particularly with municipalities or similar clients. The letter should be limited to two pages. 2) Personnel and Subcontractors Listing: A completed Exhibit 2, Service Provider’s Personnel and Subcontractors Listing, showing all key personnel and subcontractors that are likely to be assigned to perform Services under the Agreement. 3) Schedule of Charges: The proposed Exhibit 4, Schedule of Charges, containing the billable hourly rates for all personnel proposed for assignment to the Project team, and hourly rates for owned equipment proposed for use on the Project. Any fees such as mobilization or “minimum charges” should be itemized. Proposing Service Providers can and should include standardized price sheets if available. Note that expense categories not identified in the Schedule of Charges will not be reimbursed separately, but are assumed to be included in the billable hourly rates or the percent markup, whichever is applicable. Reimbursable expenses are reimbursed at cost. The proposed Schedule of Charges will be the sole basis of payment for the successful Service Provider. 4) Work Experience: A summary of at least three recent projects similar in scope to this RFP, including client references with contact information. 5) Reference Authorization and Release Form: An executed Exhibit 3 Reference Authorization and Release Form. 6) Availability: Provide a representative availability and confirm in writing that the Service Provider will meet the response times outlined for this on-call service. 7) Bonding: Proof of adequate bonding capacity for projects with an estimated cost of $50,000 or more. 8) Licenses: Evidence of applicable state and local plumbing licenses and certifications. Submittal of a Proposal shall be taken as prima facie evidence that the Proposer has full knowledge of the scope, nature, quality, and quantity of the Services to be performed, and the detailed requirements and conditions under which the Services is to be performed. PROPOSAL SUBMISSION All proposals must be to the Project Manager by 2:00 PM (MTN TIME) on Wednesday, March 5, 2025. Proposals must be submitted through one of the following means: A. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com); or B. Email to Robert Schumaker, Facilities Supervisor/ Project Manager (rschumaker@estes.org) Subject line: RFP – On-Call Electrical Services III.PROPOSAL AND INFORMATION Page | 10 RFP – On-Call Electrical Services LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED. PROPRIETARY INFORMATION All information included in any proposal that is of a proprietary nature must be clearly marked as such. The Town shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing Service Provider. In general, it is not acceptable to the Town to mark information other than financial data as proprietary without the written authorization from the Internal Services Director. Failure to adhere to this restriction could result in rejection of the entire proposal. The Town has the right to use any or all ideas presented in reply to this RFP. Disqualification of the proposer does not eliminate this right. REJECTION OF PROPOSAL The Town reserves the right to cancel this Request for Proposal; reject any Proposal, in whole or in part; to modify the Scope of Services to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Proposals received, when it is in the Town's best interest to do so. The total cost of proposal preparation, submission, and any travel or accommodations resulting from invitation to interview shall be covered by the Service Provider. USE OF SUBCONSULTANTS The Service Provider shall indicate in the proposal any work intended to be performed by subcontractors or persons outside of the Service Provider (e.g., partnering Service Providers, consultants, etc.). The Service Provider shall name the partner Service Providers, if known, at the time of proposal submittal. Partners and subcontractors shall be bound to meeting the same quality standards and schedules as the proposing Service Provider. They will also provide the same level of documentation (insurance & professional and business licenses). DISADVANTAGED BUSINESS ENTERPRISE (DBE) The Town, in accordance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations (CFR), Department of Transportation (DOT), Part 21, for nondiscrimination in federally-assisted programs, notifies all bidders and proposers that it will affirmatively ensure that, in any contract entered into for this solicitation, disadvantaged business enterprises will be afforded full opportunity to participate in the solicitation process and will not be discriminated against on the grounds of race, color, or national origin. There is no DBE requirement for this project, however DBE participation is strongly encouraged. INSURANCE REQUIREMENTS Insurance Certificates are not required with the proposal but shall be provided by the selected Service Provider with the signed Professional Services Contract. The Town must approve the successful Service Provider’s(s) insurance prior to execution of the agreement by the Town. The successful Service Provider(s) shall also acquire a Town Business License prior to signing the agreement, at their own expense. PROPOSAL REVIEW, EVALUATION, & SELECTION PROCESS Service Providers shall submit a comprehensive, but concise, RFP submittal. Failure of the Service Provider to provide any information requested in this RFP may result in disqualification of the submitted proposal. Page | 11 RFP – On-Call Electrical Services Submittal Review: The Review Committee shall evaluate and rank proposal submittals based on alignment with the RFP requirements, Submittal Format, and Review Criteria. Interviews may be scheduled at the Town’s discretion; however the Town reserves the right to select a Service Provider(s) based on the proposals only. Interview of Finalists: At the Town’s option, the field will be narrowed to the top responsive Service Providers, and they will be invited to interview with the review committee, in a to-be-defined format. The finalists will have approximately one week to prepare their presentation for the committee. Disclaimer: Any Services Agreement is subject to the review and approval of the Town Board of Trustees. SELECTION CRITERIA The objective of the Review Committee will be to evaluate proposals against the criteria set forth here-in: SELECTION CRITERIA Point Value Experience and Qualifications: The Service Provider’s relevant experience in providing on-call plumbing services, particularly in municipal or governmental settings. 30 points Value and Cost: Competitiveness, value and transparency related to labor rates and fees. 30 points Response Time and Availability: Ability to respond quickly to emergency service requests 25 points Compliance with RFP Requirements: Completeness and accuracy of the proposal in meeting all outlined submission requirements. 15 points Total Points 100 points Based on the point system, the proposals will be ranked in order of the Service Provider’s perceived ability to perform the work. The top-rated proposals MAY result in interviews, and after interviews, points may be recomputed. GENERAL REQUIREMENTS The successful Service Provider(s) shall: • Have experience in all professional services requested in this RFP. • Have current required professional licenses and credentials as required. • Enter into a contract with the Town to provide On-Call Electrical services. • Provide proof of and maintain insurance coverage for the duration of the contract period as outlined in the Town’s Professional Services Agreement • Operate as an independent contractor and will not be considered employee(s) of the Town. • Be paid on actual invoices as work is completed. Page | 12 RFP – On-Call Electrical Services TOWN REPRESENTATIVES The Town’s representative on this project will be Robert Schumaker, Facilities Supervisor/ Project Manager, of the Internal Services Department. All progress meetings, project review, field meetings, day-to- day work, and project related contact will be coordinated through the Project Manager or his designee. PROTEST PROCEDURES Any person adversely affected by this solicitation shall file with the Town Clerk, Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517 a Notice of Protest, in writing, at least five (5) calendar days prior to the date on which proposals are to be received. Protests will be considered and responded to in writing prior to the proposal due date of Wednesday, March 5, 2025. If the protest is sustained, the proposal due date may be delayed, and an addendum be issued to modify the due date or cancel the solicitation. If the protest is denied, the proposal due date is upheld, and submissions will be required as originally scheduled. Any person adversely affected by a decision in connection with this solicitation shall file a Formal Written Protest, in writing, within five (5) calendar days of receipt of the decision with the Town’s Project Manager. The formal written protest shall state with particularity the facts and law upon which the protest is based. Protesters may not challenge the evaluation criteria or the relative weight of the evaluation criteria or the formula for making an award determination. Upon receipt of a formal written protest that has been filed in a timely manner, the Project Manager shall stop the proposal solicitation process or the award process until the subject of the protest is resolved by mutual agreement or by final action of the Town’s Board of Trustees. The Project Manager shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) working days of receipt of a formal written protest. If the protest is not resolved by mutual agreement within seven (7) working days, the Project Manager and/or the protestor shall refer the protest to: Town Administrator, Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517. The Town’s Board of Trustees will review the protest and the Project Manager’s decision, and either concur or reverse the decision at the next possible regular meeting of the Town Board. TOWN OF ESTES PARK Robert Schumaker, Facilities Supervisor/ Project Manager Town of Estes Park - Internal Services Department 970-577-3957 rschumaker@estes.org Page | 13 RFP – On-Call Electrical Services IV. EXHIBITS Page | 14 RFP – On-Call Electrical Services EXHIBIT 1 TOWN OF ESTES PARK ACCEPTANCE OF CONDITIONS STATEMENT No employee, elected or appointed official of the Town of Estes Park, or any such person’s spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or personal interest in the proposing Service Provider of this Request for Proposal, except as follows: I/we hereby agree to all instructions, terms and conditions, and specifications contained herein. I/we acknowledge receipt of the following Addenda: Proposing Service Provider Name Address Telephone Number Email Submitted By (Signature) Printed Name Title Date Attest Signature Printed Name EXHIBIT 2 SERVICE PROVIDER’S KEY PERSONNEL AND SUBCONSULTANT LISTING KEY PERSONNEL: NAME Role/ Job Title SUBCONTRACTOR LISTING: Company Name Trade or Specialty Add lines as needed. EXHIBIT 3 TOWN OF ESTES PARK REFERENCE AUTHORIZATION AND RELEASE FORM To: A Corporation By: , A Partnership whose address is (Proposer) An Individual Proposer hereby authorizes Town to perform such investigation of proposer as the Town deems necessary to establish the qualifications, responsibility and financial ability of proposer. By its signature hereon, proposer authorizes owner to obtain reference information concerning proposer and releases the party providing such information named above and the Town from any and all liability to proposer as a result of any such reference information provided. Proposer further waives any right to receive copies of reference information provided to the Town. An executed copy of this Reference Authorization and Release Form may be used with the same effectiveness as an original. By (Signature) Print Name Title Date EXHIBIT 4 SCHEDULE OF CHARGES The Town of Estes Park seeks proposals from qualified Service Providers to provide as-needed, on- call Electrical Services for various projects to be determined. The contract will be administered by the Internal Services Department; however the scope of work may not be limited to one Division or Department. Interested Service Providers will provide a proposal as described in the On-Call Electrical Services RFP and provide their rates for labor and equipment usage, as provided below. Any and all labor and rate charges not provided below but that may apply shall also be included. SCHEDULE OF CHARGES RATES FOR LABOR AND EQUIPMENT USAGE (per hour of actual working time, unless otherwise noted) Labor Rates (including all surcharges): Electrical projects during Regular Business Hours: 7:00 A.M. to 5:00 P.M. Monday–Friday; Excluding Town Holidays Per Hour Master Electrician Journeyman Electrician Electrical Apprentice Project Manager/ Superintendent Other INCLUDES TRAVEL Labor Rates (including all surcharges): Electrical projects during EMERGENCY HOURS: 5:00 P.M. to 7:00 A.M. Monday–Friday, Saturday and Sunday; Including Town Holidays Per Hour Master Electrician Journeyman Electrician Electrical Apprentice Project Manager/ Superintendent Other INCLUDES TRAVEL Additional Items: 1. Are there any surcharges such as fuel, disposables, etc.? Please list. 2. What is your minimum callout time that you bill for emergency and non-emergency? Equipment: Please provide a list of the items of equipment that your firm owns that might be necessary for the kinds of services described in the Scope of Services. Equipment Type Billable Rate/ Time Period EXHIBIT 5 SERVICES CONTRACT (example) TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT On-Call Electrical Services The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and (Contractor), a, whose address is [Enter Contractor's address, including street, city, state & zip], make this Contract this __________ day of ____________________, 2025, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal; and; 1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Pages 2.5 The following Special Conditions of the Contract, if any: Document Title Pages 2.6 Notice of Award; 2.7 Request for Proposals, containing [Enter number of pages in RFP] pages, dated [Enter date of RFP]; 2.8 Contractor’s Proposal, containing [Enter number of pages in proposal, then press f11 to proceed] pages, dated [Enter proposal date, then press f11 to proceed]; and 2.9 Insurance Certificates. [List here any other documents forming part of the Contract, note this list can vary] 3 SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin services under this Contract upon receiving Town’s notice to proceed. Contractor shall timely perform its Services, according to the Performance Schedule [Enter how Performance Schedule is referenced, either as Contract Document (incorporated into) or Exhibit (attached to), with language to this effect " attached to and incorporated into this Contract or as otherwise directed by Town."]. 5 PRICE: The Town will pay Contractor for the performance of this Contract, as the Price for the total Services performed as stipulated in Contractor’s Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Contractor of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Contractor under the following conditions: 7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Contractor is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 9 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Paul J. Fetherston, Internal Services Director Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, Colorado 80517 CONTRACTOR: [Enter name, title & address of Contractor 's authorized rep.] 10 COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Contractor shall defend and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Contractor follows the safety regulations issued by OSHA. 11 PERMITS AND LICENSES: The Contractor shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required to have a business license which can be obtained from the Town Clerk’s Office. 12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 13 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the insurance listed in Paragraphs [13.1], 13.3 and 13.4 for two additional years. For any claims-made policy, Contractor shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 13.1 Professional Liability for at least $1,000,000. 13.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. Contractor shall require any subcontractor hired by the Contractor to carry Workers’ Compensation and Employer’s Liability coverage. 13.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 13.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Contractor’s owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 13.5 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self- insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Contractor. 13.6 Contractor shall, upon request, provide Town a certified copy of each required policy. 13.7 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Contractor shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Paul J. Fetherston, Internal Service Director With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days’ prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Contractor and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Contractor, its officers, employees, agents, subcontractors, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall provide appropriate declarations and evidence of coverage. 13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages. Contractor shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 13.10 The Town relies 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., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 13.11 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the Services and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 14 INDEMNIFICATION: 14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Contractor, anyone directly or indirectly employed by it, or anyone for whose acts Contractor may be liable. 14.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 14.3 As part of this indemnity obligation, the Contractor shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 15 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Contractor. Contractor shall exercise no supervision over any employee or official of Town. Contractor shall not represent that it is an employee or agent of the Town in any capacity. Contractor’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Contractor is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Contractor shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Contractor may each contract with other parties. 16 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 17 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Contractor receiving services or benefits under this Agreement is an incidental beneficiary only. 19 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Contractor’s and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 21 TERM: This Contract shall commence on [Fill in the date contract begins, which can be "its effective date", a specific date, or "the date specified in a forthcoming Notice to Proceed", and press F11 to continue], and shall continue through [Fill in the date contract ends, press F11 to continue] with the option of [Fill in the number of renewals, press F11 to continue] additional renewals, on an annual basis, upon agreement of both parties. 22 TERMINATION: 22.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Contractor written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Contractor for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by giving the Contractor written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Contractor shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Contractor, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Contractor may terminate this Contract at will. 24 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the Contractor's Proposal, Contractor may employ subcontractors to perform the Services only with Town's express prior written approval. Contractor is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subcontractors. 26 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 27 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Contractor. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 28 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 29 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. Signature pages follow. CONTRACTOR: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2025, by ______________________________, as _____________________________ of ______________________________, Contractor. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2025. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney