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HomeMy WebLinkAbout2013-058-07/16/2013-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND FORT COLLINS-LOVELAND RESOLUTION 2013-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND FORT COLLINS-LOVELAND WATER DISTRICT FOR PARTICIPATION IN A JOINT REGIONAL WATER TREATMENT SOLUTIONS STUDY WHEREAS, three area water districts, the Fort Collins-Loveland Water District ("FCLWD"), the East Larimer County Water District ("ELCO") and the North Weld County Water District ("NWCWD"), together referred to as the Tri-Districts, cooperatively own and operate the Soldier Canyon Filter Plant (the "Plant"), which is located near the City's Water Treatment Facility; and WHEREAS, the Tri-Districts provide drinking water service to customers within portions of Fort Collins, the Fort Collins growth management area, Larimer County, Weld County and the surrounding region, including the towns of Windsor, Eaton, Ault, Timnath, Pierce and Nunn, as well as the Sunset Water District, and portions of the Northern Colorado Water Association; and WHEREAS, the Tri-Districts will need to add additional water treatment capacity to meet future treated water demand; and WHEREAS, the Tri-Districts and the City desire to explore and evaluate various regional cooperative water treatment alternatives to meet near term and future needs; and WHEREAS, the City has historically worked with FCLWD and with NWCWD through water sales and exchanges in order to cooperate in providing cost-effective and efficient water treatment and supply, and those existing agreements are currently under review and proposed to be updated; and WHEREAS, the City has unused treatment capacity at its Water Treatment Facility, which facility was constructed prior to water conservation efforts; and WHEREAS, if such water treatment arrangements were made, each of the Tri-Districts would remain independent from the City; and WHEREAS, regional cooperative water treatment solutions could defer or eliminate the need to construct additional near-tern water treatment capacity and increase efficiencies that could benefit the City, the Tri-Districts and the region; and WHEREAS, on April 21, 2009, the City Council adopted Resolution 2009-041, authorizing the City Manager to investigate options for a cooperative arrangement that would provide water treatment services to the Tri-Districts and to negotiate a proposed agreement for future Council consideration; and WHEREAS, in order to more fully develop and evaluate options for cooperative arrangements and then prepare a proposal for City Council consideration if a desirable alternative is identified, the Tri-Districts have worked with City staff to develop a proposal for a study by outside experts of the technical and financial aspects of alternatives for cooperation(the "Study"); and WHEREAS, FCLWD is willing to coordinate the Study for the benefit of the Tri-Districts and the City, provided that each of the four entities pay twenty-five percent of the overall cost; and WHEREAS, the City's share of the costs of the Study is expected to be approximately $55,000, and will be limited to no more than $75,000; and WHEREAS, the funds required to pay the City's share of the costs are appropriated and available in the Water Enterprise Contingency Fund; and WHEREAS, City staff has proposed that the City enter into an intergovernmental agreement with FCLWD, attached hereto as Exhibit "A"and incorporated herein by this reference (the "Agreement"), in order to provide for ongoing City staff involvement in directing and reviewing the work of the outside experts preparing the Study, and to provide for payment by each of the parties of an equivalent share of the Study costs; and WHEREAS, Article'II, Section 16 of the City Charter of the City empowers the City Council, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute an Intergovernmental Agreement for the Funding and Coordinating of a Regional Water Treatment Solutions Study between the City and FCLWD consistent with the terms of this Resolution, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purpose of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of July, A.D. 2013. Mj[yor ATTEST: 'f�OF poRr cr�c,,. City Clerk 1. ' f 1.4 EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE STUDY OF REGIONAL WATER TREATMENT OPTIONS ' THIS AGREEMENT is made and entered into as of the _ day of 2013, by and between the City of Fort Collins, a home rule municipality, acting by and through its (hereinafter "Fort Collins"), and the Fort Collins-Loveland Water District, acting by and through its Water Enterprise (hereinafter "the District")(collectively "Parties"). kph, RECITALS IIII�I IHt. �i b WHEREAS, three area water districts, the Fort Collins„Lolveland.. a'aterDistrict ("FCLWD"), the East Larimer County Water District ("ELCO") d0lthe Worth'- eld County Water District ("NWCWD"), together referred to as the Tri-Disncts, cooperatively own and operate the Soldier Canyon Filter Plant (the "Plant"), which Is'located near the City's Water Treatment Facility; and IIIUI ,, � IIllllllllllllllllllhll lllll!Ile. 0�'7h , WHEREAS, the Tri-Districts provide drinking water servicellto customers within portions of Fort Collins, the Fort Collins growth management area,IllLarimer County, Weld County and the surrounding region, including the towns of Winilso,'IE'Rori. Ault, Timnath, Pierce and Nunn, as well as the Sunset Water District, and portions ioftithehNortlli ern Colorado Water Association; and ��gllilh,�a��Ip' WHEREAS, the Tri-Districts will needl'ito'ladd,additional water treatment capacity to meet Illlllllpl y - future treated water demand; and "04111 I IUIIIIII ��Ilh� ,nplll , WHEREAS, the Tri-Distrlcts and thellCity desire to explore and evaluate various regional Np,�, ango„.,1rld cooperative water treatment alternatives to meet near term and future needs; and e"l�e, 'IIIIVIqu WHEREAS, the�City}has historically worked with FCLWD and with NWCWD through water sales and exchangeskin order to cooperate in providing cost-effective and efficient water treatment and suplply d- ose existing agreements are currently under review and proposed to be updated; add II ni. ��IIUu. I II�IIIe Illlllpglli�,�u' WVER!EIAS,llllthe' City has unused treatment capacity at its Water Treatment Facility, which facility was constructed prior to water conservation efforts; and II�IIN. l�lilt un Ill, 1j1Ug11IIWHEREAS, if such water treatment arrangements were made, each of the Tri-Districts would remain independent from the City; and WHEREAS, regional cooperative water treatment solutions could defer or eliminate the need to construct additional near-tenn water treatment capacity and increase efficiencies that could benefit the City, the Tri-Districts and the region; and WHEREAS, on April 21, 2009, the City Council adopted Resolution 2009-041, authorizing the City Manager to investigate options for a cooperative arrangement that would 1 provide water treatment services to the Tri-Districts and to negotiate a proposed agreement for future Council consideration; and WHEREAS, in order to more fully develop and evaluate options for cooperative arrangements and then prepare a proposal for City Council consideration if a desirable alternative is identified, the Tri-Districts have worked with City staff to develop a proposal for a study by outside experts of the technical and financial aspects of alternatives for cooperation (the "Study"); and k�uq, gin, WHEREAS, FCLWD is willing to coordinate the Study for the benefitwof'the Tri- Districts and the City, provided that each of the four entities pay twenty' fivevercent•'of the overall cost; and q 4 Ili, t Illlllllltti i�4tai, Illli °UlitllN�mdG� WHEREAS, the City's share of the costs of the Study is expected toillbe approximately $55,000, and will be limited to no more than $75,000; and -tip, 11111r WHEREAS, the funds required to pay the City's share of the costs are appropriated and available in the Water Enterprise Contingency Fund; and;lIll"i'llill,, 11ill�tt l���` i Ill1i. l'lI Illlllll, ttll,011 11 WHEREAS, City staff has proposed that the (,,it enter into an intergovernmental agreement with FCLWD (the "Agreement")illll�in�ll'or'dei11 °'iii1'provide for ongoing City staff involvement in directing and reviewing the IwYiorkilo lithe outside experts preparing the Study, and to provide for payment by each of the parties ofg an equivalent share of the Study costs; and "`'tylVllll��liouuuum,'llVlln�l�, WHEREAS, Article 11, Section4t16 of the it Charter of the City empowers the City Council, by ordinance or resolution to enter into contracts with other governmental bodies to furnish governmental servicesll'and make charges for such services or enter into cooperative or "um,. -toy joint activities with other governmental bo,dies. >Ip NOW, THEREFORE, in consideration of the premises and the covenants and agreements hereinaffer, setl forth, it is agreed by and between FCLWD and Fort Collins as follows. KI alltt'11k,\ pJ yl'q'i Igph w AGREEMENT �iipi, iI�IV 1 IIIII���IIII V IgpyVll I�iIl4U, . AUIITHORITY. This Agreement has been duly adopted by the Parties' governing body and"'1theliund'rsigned representatives authorized to execute this Agreement on behalf of the respective Party. 'IUppgiilllUlli 2. PURPOSE. The foregoing Recitals are hereby incorporated into and made part of this Agreement. 3. FUNDING. FCLWD will fund the Study, using its own funds, payments to be received from the other Tri-Districts, and using the funds provided by Fort Collins, as provided herein. 4. APPORTIONMENT OF COSTS AND DUTIES. 2 4.1. FCLWD has advertised and requested bids for the Study, pursuant to the Request for Proposals, attached hereto as Exhibit "A" and incorporated herein ("RFP") and shall execute a professional services contract in generally the form attached hereto as Exhibit "B" and incorporated herein ("Contract"), with a qualified consulting firm (the "Contractor") to perform the services as generally described in the RFP (the "Work"). The parties acknowledge and agree that although the Contractor team includes a legal advisor, the role of any attorney or attorneys under the Contract will be to provide general information and facilitate discussion among the parties, but will not be to provide legal advice or representation to any ..nitro . I,, a,khu of the entities involved. The parties agree to work cooperattivelyt to;ensure that this limitation is properly incorporated into the Work and.to 'managettl e,,Contract accordingly. �+1 [14111plly414N, �p 45"dA� plll T" 4.2. FCLWD, ELCO, NWCWD and Fort Collins shall ybejjo nt;proj&t managers for the Work. Fort Collins shall be entitled to review and receive+'copies of all drafts, notes, summaries, data or work product or deliuerablestpypared by the Contractor IV in connection with the performance of the1Worlk!4jIj,, nlllu„ �141 IIilUi 111U1p11110, 4.3. FCLWD shall be the contract manager IIfor all1j,activities under the Contract, includingbut not limited to all obt the Wor'it thereunder. nIIIIII lullh„�Iplib nll 4.4. Upon receipt of invoices for thle Wiorkl,jliFCLWD shall provide a copy to Fort Collins for review. Fort Collihsllshall b'e entitled to request additional information to confirm the tasks coinpleted�l�and the charges associated with those tasks. No later than twelve (42)11busmn ss days after provision to Fort Collins by FCLWD of notice that FC JWD hRs�iprep�ared payment to the Contractor, Fort Collins shall remit to FCLWD���ii,twenty='five percent (25%) of the payment amount as V I reimbursement for FortilCollins' share of the total payment, up to a total maximum paymen6Pby Fort Collins of$75,000. �X 4.5. FCLW�DIIshall!taccount for and maintain records of the Work and all invoices and Npayinents under or related to the Contract, and shall retain such records for a -oil,, pFiiodhtof not less than five (5) years after full completion of the Work. Upon p1jlre�questIFCLWD shall allow Fort Collins to inspect all accounting or other °IIIugWu�lll financial records related to the Work or the Contract. Iiiuuu�uuip u Uo oi, pi 51,IIII1 IASSIGNMENT. The Parties may not assign this Agreement without prior written consentl�fr�on the other party. 6. NOTICE. All notices, demands, or other written communication required or permitted to be given by this Agreement shall be by electronic mail, hand delivered or sent by certified or registered mail, postage prepaid, and return receipt requested, to the parties as follows: If to Fort Collins: 3 With a copy to: If to FCLWD: With a copy to: ,' gp Ilp .. ,,p�INupaH �t;y aluyyji�;c IIIIII(iiill:�,�1�'myan.rile 7. NO WAIVER OF IMMUNITY. Notwithstanding any other provision tolthe contrary, nothing herein shall constitute a waiver, express or implied, of any�,of�the im' unities, rights, benefits, protection, or other provisions of the Colorado Governmental Immuhity Act ("CGIA"), CRS §24-10-101, et seq., or the Federal Tort Claims Act (``FTTCA"s)285.U.S.C. 2671 et seq., as applicable, as now or hereafter amended nor shall any poirtirmli'of this Agreement be deemed to f�. 0i 1111. (III have created a duty of care which did not previously witli'�Irespect to any person not a party to this Intergovernmental Agreement. Liability f6r claims forllinjuries to persons or property Al. 'I-. ...... 1111h.. •IIII . arising from the negligence of the Parties I its departments institutions, agencies, boards, 'IIII. officials, and employees is controlled and limited,by,,rthe provisions of the CGIA or the FTCA as applicable, as now or hereafter amended. igyl 4q�� Ipl' Iyiiiiim�Vllllill 41l i i�o�o' 8. MUTUAL INDEMNIFICATION-GENERAL. To the extent provided by law, FCLWD shall indemnify, save, andl'kold h1larmless"Fort Collins, its employees and agents, against III""' II IIII any and all claims, damages„liabiIityllalnd court awards including costs, expenses, and attorney fees and related costs, incurred as dIlresultilof any act or omission of FCLWD, or its employees, agents, or assignees put uant to theiiilterms of this Agreement. Likewise, Fort Collins shall indemnify, save, and `hold harmless FCLWD, its employees and agents, against any and all claims, damages,1abi6-1 krty;Ipandcourt awards including costs, expenses, and attorney fees and related costs, incurred asia,resu�lt of any act or omission of Fort Collins, or its employees, agents, or assignees pursuant -to the terms of this Agreement. The provisions hereof shall not be construed or interpreted as' eitherparty's waiver, express or implied, of any of the immunities, rights, belnefifs1,1 profect on, or other provisions, of the CGIA or the FTCA as applicable, as now gull. •Ill. -Ill, Nu or lereafteiliiamendled. III IIII I� Illliilliv 91.11111GOVERNING LAW. This Agreement, shall be governed by and construed in accordaiiTGelliWith the laws of the State of Colorado. The forum for any dispute regarding this Agreement shall be in the Latimer County District Court, State of Colorado. 10. COMPLETE AGREEMENT. This Agreement consists of all the agreements, understandings, and promises between the Parties, and there are no agreements, understandings, or promises between the Parties other than those set forth in this Agreement. 4 11. AMENDMENTS. Any amendments or modifications to this Agreement must be in writing and executed by all parties to be valid and binding. 12. BINDING EFFECT. This Agreement, when executed and delivered, shall bind the parties and their successors and assigns. 13. SEVERABILITY. If any provision of this Agreement is invalidated by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the.dates set opposite their respective signatures below. r zy �'1���'• 111111jp1R'�i � III FORT COLLINS-LOVELAND WATER THE CITY OF FORT COLLINS, DISTRICT ENTERPRISE COLORAD©�',yry r. ,plllllll,l �'41�1HENR��� IIIIIIIIIIIIIIIIIII I'llllll By: By:� !, IIU, I'lllliatill'! aBoard President f tIIIIII,,KialrA Weitkunat, Mayor il¶. uluullllllluulgll Dated: Vp �Dated• N11 4��IIIIIulyll igl� l i'lill�. IIVVgII�����!Iuwiuull141gllllllll, ATTEST: p11111 jtl 111111 ylb ATTEST: Ill III IIIII By: ,n1011�I6�,. �llll��. I By: Board Secretaru IIIIIIIIhgUp1 uuml� City Clerk yV, V'41p; APPROVED AS TO LEGAL FORM � pV �1 tly1�,14jI1j11p � By: 4!, 'I) '01p City Attorneyp114pIl Ilhllll�lylllllu1j111 i, IIIII!IIIOIIpI�IIIb 1j1"m,lloli'�II� 5 EXHIBIT A Regional Water Cooperation Committee Request for Proposal Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins April 19, 2013 EXHIBIT A TABLE OF CONTENTS Request for Proposal Page 2 I. Scope of Work Page 4 II. Compensation Page 6 III. Proposal Submittal Page 6 IV. Other Proposal Requirements Page 7 V. Proposal Schedule Page 7 VI. Selection Process and Criteria Page 8 VI I. Conditions of Submittal Proposals Page 8 2 EXHIBITA REQUEST FOR PROPOSAL Regional Water Treatment Solutions for the Tri-Districts and City, of Fort Collins The City of Fort Collins and the Tri-Districts (Fort Collins — Loveland Water District (FCLWD), North Weld County Water District (NWCWD) and the East Larimer County Water District (ELCO)) have formed a Regional Water Cooperation Committee (RWCC) to evaluate the merits of creating regional water treatment solutions to providing drinking water to their customers in Northern Colorado. This Request for Proposals (RFP), as delivered to prequalified firms, seeks proposals that describe in more detail the plan to evaluate the cost and impact of regional water treatment cooperative alternatives. The evaluation will need to include, but not be limited to, equitable financial representation of assets and debt, cost of service equity, equitable treatment of staff and equal representation relative to governance. Written proposals from qualified firms must be received at the location as given in the submittal deadline section of this document. RFPs will be distributed electronically by the RWCC only to those prequalified firms. Questions concerning this RFP should also be directed to Mr. Terry Farrill, tfarrill(o)aol.com, (970) 226- 3104 extension 104 or Ms. Lisa Voytco, Ivovtko(a)fcgov.com, (970) 221-6692. The TRI-DISTRICTS is subject to public information laws, which permit access to most records and documents. Proprietary information in proposals must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this RFP will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of the Tri-Districts or its Board of Directors, shall have a financial interest in the sale to the Tri-Districts of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the Tri-Districts. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the Tri- Districts is prohibited. The Tri-Districts reserves the right to reject any and all proposals and to waive any irregularities or informalities. The Tri-Districts anticipates selecting a qualified firm from the proposals received to complete the work based on Section III in this RFP. Additionally, the Tri-Districts reserves the right to solicit additional or revised proposals from any or all of the firms should they deem it in the best interest of the Tri-Districts. EXHIBIT A REQUEST FOR PROPOSAL (RFP) Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins I. SCOPE OF WORK A. General Project Description The City of Fort Collins currently owns and operates the 87-mgd Fort Collins Water Treatment Facility, . The Tri-Districts own and operate the 45-mgd Soldier Canyon Filter Plant The treatment plants are located in close proximity and draw from the same water sources. The City and the Tri-Districts have certain water sharing agreements in place and are exploring the potential for some type regional cooperation of their treatment works that may bring a more efficient, long term arrangement that will benefit their customers. B. Project Activities The RWCC,envisions, in general, the following phases of project activity. The Consultant, in their proposal, is encouraged to expand upon or modify the below activities based on their experience and knowledge conducting this type of analysis. Phase 1 — Foundation of Regionalization Project Consultant to focus the members of the RWCC to develop the vision of regionalization by including the goals and expectations of each Tri-Districts, with an end result of a strategic vision for this project. During this phase the Consultant shall also identify the institutional options of regionalization which shall include, at minimum, the following options: 1. Stay the same (status quo) —with existing and/or enhanced collaboration 2. Combine through agreements, but no merger of assets or governance 3. New Tri-Districts/merger/of treatment facilities (Authority model) The Consultant is encouraged to present to the RWCC other possible regionalization options. Phase 1 Deliverable: A Technical Memorandum will be delivered to the RWCC that summarizes the activities (e.g. meetings, workshops) and evaluations of Phase 1, Phase 2 — Financial Analysis The Consultant shall provide a detailed financial analysis of, the regional options identified in Phase 1. This financial analysis shall include true life-cycle costs, including debt financing and repayment, operation and maintenance costs, reliability and redundancy capabilities of the facilities and depreciation. The analysis must also accommodate future expected costs — plant 4 EXHIBIT A capacity expansions, plant process changes (due to regulations or water quality), and other identified future costs. For the option of the merger/authority, there should be discussion of how merged assets would be valued and accounted for in the authority, as it may be expected that the authority will own the treatment plant assets. The analysis for this option (merger/authority) will also necessitate fair and equitable cost calculations of wholesale and/ or retail charges to the regional customers. , While the completion of this task may entail some technical expertise in regards water resources, finished water quality (water from each facility should be treated to same level), and transmission of the finished water, these technical aspects are not the main focus of the analysis. There should be a future component that will project costs at present day level, then in 10 and 20 years, as it may be apparent that the options costs and benefits would change over time. No costs associated with water resource (supply) acquisition, water transmission or distribution should be included. There may be costs associated with finished water delivery that may be addressed. Phase 2 Deliverable: A Technical Memorandum will be delivered to the RWCC that summarizes the evaluations of Phase 2. Phase 3 - Strategic Implementation Plan Development The financial analysis is a large component of the overall recommendation of regionalization solution. The Consultant is to incorporate the financial aspects with the other issues in the strategic plan, keeping the initial RWCC vision intact. Strategic implementation issues include: • Operational and management activities • Governance issues • Regulatory and legal • Labor and employee issues • Organizational cultural assessment • Internal and external communication plan • Financial and rate recommendation —cost of service analysis Phase 3 Deliverables: A final report shall be delivered to the RWCC at the completion of Phase 3. This report shall summarize and incorporate information from the previous phases and make a recommendation to the RWCC on a future institutional option. C. Scheduling, Project Management and Contracting The selected Consultant shall be responsible for preparing a project schedule identifying all necessary tasks, milestones and critical path tasks. During the implementation of the project 5 EXHIBIT A the Consultant shall, at minimum, provide a monthly update (during all phases of their services, design through start-up) of the status of the project schedule, Consultant's budget and tasks being worked on. The Consultant should demonstrate in its proposal its ability and methods (i.e. software to be used, means of presenting the design and status to the Tri-Districts, etc.) to properly schedule and manage the project. II. COMPENSATION Payment will be made based on the unit rates of work satisfactorily performed. The total compensation to the selected firm shall be subject to a not to exceed maximum amount. These unit rates are to be contained within the fee schedule submitted with the firm's proposal. III. PROPOSAL SUBMITTAL Respondents must submit a technical proposal and a separate cost proposal. A. Technical Proposal 1. General Information: Name of firm, contact person for this proposal, title, phone number, fax number, e-mail address, street and mailing addresses, any previous names of firm in last ten (10) years, and date established. 2. Project Approach a. Describe the firm's proposed method of evaluating, developing the work products, and completing the work. b. Schedule: Provide a project schedule outlining the major tasks, phases, timeframes, and milestones necessary to complete the project as proposed. 3. Key Project Staffing a. Provide an organization chart of anticipated staff (including management), with names, that will be involved in the project including subcontractors/sub consultants. b. Project responsibility descriptions of key positions (i.e., project manager, financial analyst, etc.) C. Resumes of proposed staff, if different than those proposed from the SOQ. Page limit to 1 page per resume. 4. Insurance: Provide documentation that the firm will provide insurance coverage as follows: General Liability $1,000,000 per occurrence $2,000,000 aggregate Worker's Compensation As required by law Professional Liability $2,000,000 (with no property or damage or bodily injury exclusion) B. Cost Proposal Cost proposals shall be delivered in a separate, sealed envelope and clearly marked "Cost Proposal". Cost proposals must include, at minimum, the information listed below. 1. Tasks and Costs:. Include a cost proposal for completion of work for all phases that clearly delineates the tasks, staff skill level allocation per task, hours allocated to each staff skill 6 EXHIBIT A level per task, unit rates, and task subtotals for hours and cost. Cost proposals shall also show any other direct or indirect costs. 2. Hourly Rate Schedule: Include an hourly rate schedule for all staff proposed by the firm, including subcontractors, if any. IV. OTHER PROPOSAL REQUIREMENTS A. Proposal Length: Technical proposals must be limited to 20 pages maximum, appendices, exhibits, cover letters, dividers, cover sheets and figures not counted. Do not supply firm history or other generic material on the firm. Do not duplicate background material that was already presented in the SOQ. B. Proposal Submittal: 1. All hard copy proposals must be printed double sided in an 8-1/2" x 11" page format, single line spacing, 10 point font minimum size. Electronic proposal submittals must be in 'Adobe PDF' format. 2. Submit hard copy proposal documents in sealed packages, Technical and Cost Proposals in separate packages, labeled as follows: a. Technical Proposal: "Technical Proposal — Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins" b. Cost Proposal: "Cost Proposal— Regional Water Treatment Solutions for the Tri-Districts and City of Fort Collins" 3. Submit one (1) hard copy and one electronic (.pdf format) copy of the Technical Proposal and 8 (eight) hard copies of the Cost Proposal. V. PROPOSAL SCHEDULE: Distribution of RFP (electronically): Friday, April 19, 2013 Final Addendum Issued: Wednesday, May 1, 2013 RFP Final Questions Due: Friday, May 3, 2013 RFP Due: Monday, May 6, 2013, 12:00 Noon Short List Identified: Thursday, May 9, 2013 Interview Schedule (If Required): May 13-15, 2013 Selection Committee Recommendation: May 16, 2013 EXHIBIT A VI: SELECTION PROCESS AND CRITERIA Firms will be ranked by a Selection Committee based on the information provided in their Proposal and the selection criteria below. The Selection Committee will make a recommendation to the Tri-Districts based upon the rankings of the firms. The Tri-Districts will make the final determination of the consulting firm selected. The selection criteria are summarized below, along with the weighting factors that will be used for each of the criteria. The Selection Committee will evaluate proposals using the following factors. Criteria Weighting Project scope and approach 25 Firm and staff experience with similar projects 20 Demonstrated understanding and knowledge of project needs 15 Responsiveness/Location/Intangibles 10 References 10 Schedule 10 Cost effectiveness 5 VII. CONDITIONS OF SUBMITTAL OF PROPOSALS A. Proposal Delivery Location: Written proposals from qualified Proposers must be received at the location and by the time given in the submittal deadline section of this document. B. Late Proposals: Late Proposals will not be accepted. C. Questions or Clarifications: Prospective Proposers may make inquiries concerning this RFP to obtain clarification of requirements. All inquiries must be made in writing to the person identified in the section(s) above. No inquiries will be accepted after the RFP Questions to Tri-Districts Due date noted above. All Proposer inquiries and Tri-Districts responses will be distributed to all Proposers by the FinalAddendum date as noted above. D. Collusive or Sham Proposals: Any Proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature on your proposal assures that such proposal is genuine and is not a collusive or sham proposal. E. Right or Rejection of Proposals: The Tri-Districts reserves the right to reject any or all Proposals, to waive informalities and minor irregularities in Proposals received and to accept any portion of the Proposals or all items of the Proposals if deemed in the best interest of the Tri-Districts to do so. The Tri-Districts reserves the right to negotiate directly with the Consultant selected for reduced or additional project work. The Tri- Districts also reserves the right to make such inquiries regarding a Consultant's qualifications and reputation, as it deems necessary to evaluate the proposals. F. Ownership of Submitted Material: All materials submitted to Tri-Districts in response to this RFP becomes the property of the Tri-Districts and will only be returned to the Proposer at the Tri-District's option. Any person may review responses after the final selection has been made. The Tri-Districts reserves the right to use any or all ideas presented in any Proposer's reply to this request. Disqualification of a Proposer does not eliminate this right. G. Cost of Proposal Preparation: The Tri-Districts is not liable for any cost incurred by the Proposers prior to issuance of an agreement, contract or purchase order. 8 EXHIBIT A H. Incorporation of Proposal into Contract: The contents of (or appropriate parts of) the Proposal of the successful Proposer may become contractual obligations if contractual agreement action ensues. Failure of the successful Proposer to accept these obligations in a purchase agreement, purchase order, contract, delivery order or similar acquisition instrument (together all hereinafter referred to as the "Contract') may result in cancellation of the award and such Proposer may be removed from future solicitations. I. Ownership of Information: All information, data, documents, photos, computer records, and other materials, of any kind acquired or developed by the Consultant as part of this project shall be the property of Tri-Districts. J. Right of Termination: The Tri-Districts shall, at any time, have the right to terminate the Contract for convenience upon giving thirty (30) business days written notice to the contracted firm. Unless otherwise provided for in the Contract, in the event of early termination, the awarded firm shall be entitled to the full amount of the approved estimate of services satisfactorily completed. K. News Releases: Proposers shall make no news releases pertaining to this RFP without the express written approval of the Tri-Districts. L. Scope of Work Obligations: Contract obligations will include all work defined under the Scope of Work as found in this RFP. In addition, work not specifically called out, but indicated as provided in the proposals shall become contract obligations. M. Right to Solicit Additional Proposals: The Tri-Districts intends to select a qualified consultant to complete the work. However, the Tri-Districts reserves the right to solicit additional proposals for any or all of the work should they deem it in the best interest of the Tri-Districts. N. Award of Proposal: The Contract will be awarded to that Proposer whose Proposal, conforming to the RFP, will be the most advantageous to the Tri-Districts, price and other factors considered. O. Standard Contract Provisions: The Tri-Districts reserves the right to incorporate standard contract provisions into any contract resulting from acceptance of a Proposal submitted in response to the RFP. P. Term of Proposal: All firms that submit a Proposal will be obligated to keep their proposals in effect until the Tri-Districts has successfully exercised a contract with one of the submitting firms. 9 EXHIBITA Regional Water Cooperation Committee Request for Proposal Regional Water Treatment Solutions for the Tri-District and City of Fort Collins Addendum 1 April 25, 2013 The technical parts of the proposals are to be submitted electronically in pdf format to Terry Farrill, t1arrill0aol.com. Only the proposed costs are to be mailed to Terry Farrill, Fort Collins—Loveland Water District, 5150 Snead Drive, Fort Collins, CO, 80525. The post mark is to be on or before the due date. Please acknowledge receipt of Addendum I by email to Terry Farrill. EXHIBIT A Regional Water Cooperation Committee Request for Proposal Regional Water Treatment Solutions for the Tri-District and City of Fort Collins Addendum 2 April 30, 2013 Clarification was requested regarding Section VI. Selection Process and Criteria, Firm and staff experience with similar experience, page 8. The RFP does not need to duplicate the information submitted in the SOQ. The RFP needs to specifically reference the citation submitted in the SOQ (page, paragraph, etc.). Please acknowledge receipt of Addendum 2 by email to Terry Farrill tfarrillnaol.com. EXHIBIT B TO BE PROVIDED AT A LATER DATE