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HomeMy WebLinkAboutSFQ - 9926 One Water Action Plan Framework Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 1 of 13 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing SOLICITATION FOR QUALIFICATIONS 9926 CITY OF FORT COLLINS ONE WATER ACTION PLAN FRAMEWORK SFQ DUE: 3:00 PM MT (Mountain Time), February 16, 2024 The City of Fort Collins (City) is requesting qualification details via a Solicitation for Qualifications (SFQ) from qualified Service Providers (teams, institutions, or individuals) to assist with the development of a One Water Action Framework (OWAF) utilizing the Water Research Foundation’s (WRF) One Water Communities Self-Assessment Framework and Rating System (https://www.waterrf.org/) for the City Water Utilities. Rocky Mountain E-Purchasing System hosted by BidNet As part of the City’s commitment to Sustainable Purchasing, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. A copy of the SFQ may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. All questions should be submitted, in writing via email, to J.D. McCune, Senior Buyer, at jmccune@fcgov.com no later than 3:00 PM MT on January 31, 2024. Please format your e-mail to include: SFQ 9926 City of Fort Collins One Water Action Plan Framework in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 2 of 13 the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party Service Providers and their subcon tractor/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this SFQ, Service Providers hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Service Provider Registration: The City requires all Service Providers to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City 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 City. 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 City of Fort Collins is prohibited. 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 of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 3 of 13 any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Service Providers shall be required to sign the City’s Master Professional Services Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 4 of 13 I. BACKGROUND & OBJECTIVE A. Background The City of Fort Collins is located 65 miles north of Denver in Larimer County, between the Rocky Mountain foothills and the Eastern Plains of Colorado and along the Cache la Poudre River. Fort Collins is home to Colorado State University and a few large commercial enterprises. The fourth- largest city in Colorado, Fort Collins covers over 57 square miles and has a population of approximately 172,300. The City tracks demographic information for consideration in policy development and planning and to track changes over time. General population characteristics and links to additional information are presented at www.fcgov.com/planning/trends. The City of Fort Collins Water Utilities is a not-for-profit municipal water utility that provides water, wastewater, and stormwater, to defined service areas under a single governance structure. The City Water Utilities provide the community with a range of water-related services, including:  Water supply planning, monitoring, and protection  Delivery of clean, safe and reliable drinking water  Water conservation programs  Management of stormwater and flooding  Collection and treatment of wastewater  Restoration and management of the Poudre River and its tributaries, and  Review of water, wastewater, and stormwater engineering designs for new development Challenges and Vulnerabilities The City’s service boundaries differ for drinking water, wastewater, storm water, and in the case of water and wastewater, certain portions of the of the City limits are served by other neighboring utility service providers. This creates complexities around project planning and coordination and customer communications that must be well managed so that all service providers are able to meet their unique business needs and all customers are provided equitable water services. In addition, the future planning and operations of the City must consider pressures related to climate change, urbanization, and affordability of services. These include wildfires, climate-driven changes in precipitation patterns, intensification of drought, reliance on over-allocated Colorado River water supply, increasing scarcity of available water resources, changing technology, aging water infrastructure, population growth, and rising costs. One Water Approach To better address some of the anticipated future challenges, the City restructured the Water Utilities in 2021, to create better efficiency and integration across utility divisions. The reorganization included the creation of a water utilities Executive Director; two new Sr. Director positions that coordinate water sciences & planning and water operations; and a capital project delivery team. Together, these three groups represent the regulatory compliance, master planning, project implementation, and operational functions of the City Water Utilities. In early 2023, City leadership adopted an updated mission statement for the City Water Utilities: “We are a One Water Utility, providing exceptional water services for our community through integrated, resilient, and equitable practices and systems”. This mission statement reflects the City’s commitment to operate according to the principles of One Water, which has been defined by Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 5 of 13 the WRF as “...a collaborative planning and implementation approach that fosters integrated and equitable management of water resources for long-term resilience and reliability, meeting both community and ecosystem needs” (2023). B. Objective The purpose of this Solicitation for Qualifications (SFQ) is to receive and evaluate statements of qualifications from Service Providers (firms, teams, or individuals) for the development of the City of Fort Collins (City) One Water Action Framework (OWAF) utilizing the Water Research Foundation’s (WRF) One Water Communities Self-Assessment Framework and Rating System (Arabi et al., 2023). The executive summary is attached hereto as Exhibit A, consisting of eight (8) pages, and incorporated by this reference. The full One Water Assessment Framework Final Report is available on WRF’s website, https://www.waterrf.org/. The tenet that all water holds value underpins the City’s approach to One Water planning. As such, the City’s OWAF will serve as a strategic guide for the City’s integrated planning and management of water resources and operations (raw water supplies, drinking water, stormwater, and wastewater) in ways that will allow us to maximize the benefit of our water resources and support the evolving water needs of our community over the next 50 years. More specifically, the City’s OWAF is intended to help inform the City’s Water Utilities capital planning priorities and budgeting processes, direct appropriate investments in technology and training, identify priority collaborations, support an aligned workforce, and serve as a communication and engagement platform for both internal and external audiences. The WRF One Water Communities Framework establishes three Self- Assessment Levels: 1) Onboarding, 2) Progressing, and 3) Advancing. The City seeks a Service Provider to support the completion of the first two levels through a two-phased work approach. Phase I tasks and outcomes will include the development of a One Water Vision and Guiding Principles document and Phase II will culminate in a One Water Action Framework document that details specific goals and strategies tailored to meet current and future needs of the Fort Collins community. The intention of this SFQ is to evaluate qualifications of Service Providers in order to award to the most qualified, responsive, and responsible Service Provider capable of working with the City to deliver the City’s OWAF. The awarded Service Provider will work with the City on the Phase I and II tasks identified above to accomplish the City’s OWAF. 1. Arabi, M., Bolson, J., Dezfooli, D., Millonig, S., Mutter, J., Sukop, M., Wamstad., K; and Wiersema, I. 2023. One Water Cities: Development of Guidance Documents and Assessment Metrics: Executive Summary. WRF Project 4969. The Water Research Foundation. http://onewatersolutions.com/wp-content/uploads/2023/11/One-Water- Communities_WRF-4969_Executive-Summary_09Nov2023_FINAL.pdf). 2. Water Research Foundation, Project 4696, One Water Cities: Development Guidance and Assessment Metrics. https://www.waterrf.org/research/projects/one-water-cities-development-guidance-documents-and-assessment-metrics. Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 6 of 13 II. GENERAL INFORMATION A. SFQ Process This SFQ process will be a qualifications-based selection. The City will select who it deems, in its sole discretion, the most qualified, responsive, and responsible Service Provider. After evaluation the selected Service Provider will be asked to execute the attached sample Agreement, a sample of which is attached in Section VII. The awarded Service Provider will then meet with City staff to negotiate the fee for Phase I Tasks. Upon successful completion of Phase I tasks, the awarded Service Provider will again meet with City staff to negotiate the fee for Phase II tasks. Both phases will be a collaborative effort between the awarded Service Provider and the City. If the City determines that there are more than one qualified, responsive, and responsible Service Provider, the City may request that the top rated Service Providers participate in additional interviews, and possibly be required to provide further scoping information on Phase 1 Tasks. B. Interviews In addition to submitting a written SFQ, top rated Service Provider(s) may be interviewed by the SFQ evaluation team and asked to participate in an oral presentation to provide an overview of the firm, approach to the project, and to address questions. C. Anticipated Schedule The following represents the City’s target schedules for the SFQ. The City reserves the right to amend the target schedule at any time.  SFQ issuance: January 19, 2024  Question Deadline: January 31, 2024  Final Addendum Issued: February 7, 2024  SFQ due date: February 16, 2024  Interviews (tentative): Week of February 26, 2024 Remainder of page left intentionally blank. Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 7 of 13 III. SCOPE OF FUTURE WORK The awarded Service Provider will support the completion of the first two levels of the WRF One Water Communities Self-Assessment Framework through a two-phased work plan. These two work phases align with the WRF Self-Assessment Framework’s action Levels 1 and 2. It is anticipated that Phase I will take between eight to ten (8-10) months to complete, with Phase II anticipated to take an additional eight to twelve (8-12) months to complete. Phase I Tasks The Service Provider will work closely with the City to support the completion Level 1- Onboarding of the WRF One Water Communities Self-Assessment Framework though the following tasks: (1) Gather and compile information about the City’s water resources, water systems and water management strategies, known stressors and other City plans and efforts that align with, support, or inform the OWAF. This task can be completed through a combination of records review, electronic requests, and in-person or virtual interviews with water utilities and other City departments. (2) Identify best practices and lessons learned from past or ongoing collaborative projects that exemplify One Water principles as well as key gaps or needs through facilitated meetings or interviews with Water utilities and other City Departments. (3) Plan and facilitate a workshop with the One Water Leadership Team to establish a One Water Vision and guiding principles. Solicit input from other staff teams on guiding principles. (4) Characterize the state of the City’s water resources, water systems and water management strategies using readily available baseline indicators. Phase I Deliverables (1) Searchable electronic document library (Task 1) (2) Written City One Water summary report of information from Tasks 1-4. The report should characterize the state of water in the City, summarize currently used One Water best practices and key opportunities, and detail the City’s leadership commitment, vision and guiding principles for becoming a One Water utilities organization. This report will serve as a primary communication tool for City leadership and set the foundation for Phase II in- depth planning efforts. Phase II Tasks The Service Provider will work closely with City management and staff to complete key steps in Level 2-Progressing of the One Water Communities self-assessment framework through the following actions: (1) Plan and facilitate workshops, as needed, with utilities Leadership team and stakeholders to identify One Water goals and objectives, as well as supporting strategies and actions that will help advance the goals of the OWAF. Selected strategies should support: a. Development of an organizational culture that fosters integrated and interdisciplinary One Water planning and actions; b. Communications and stakeholder engagement; and Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 8 of 13 c. Advancement in the practice of applying a One Water approach to operations, decision making, and project planning and implementation by identifying opportunities over a 3-10 year horizon. (2) Identify benchmarking indicators and associated metrics for tracking progress toward established goals and develop a process and timeline for reporting on and updating the OWAF. (3) The City intends to partner with the One Water Solutions Institute at Colorado State University on the development of a tailored information management system that will support progress tracking and OWAF strategy updates. Some coordination and minor support may be needed to help complete this task. Phase II Deliverables (1) A written Fort Collins OWAF report that summarizes information generated from Phase I and Phase II tasks and includes critical components of an action framework including a characterization of the state of water in Fort Collins, and presents the City’s vision, goals, strategies, and commitments for monitoring progress in key areas. Project Management At a minimum, the Service Provider project management functions shall include the following: (1) Schedule and facilitate meetings, including a kickoff meeting City Staff and project stakeholders to accomplish the project scope. (2) Prepare and submit monthly schedule, budget, and project status reports with invoices. Remainder of page left intentionally blank. Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 9 of 13 IV. SOLICITATION FOR QUALIFICATIONS SUBMITTAL REQUIREMENTS Service Providers must submit an SFQ tailored specifically to work related to One Water development, planning, and implementation. SFQs shall be limited to twenty (20) single-sided pages and include the sections below (minimum 10-point font for all text). Cover page, table of contents, section dividers (if used) shall not be counted toward this page limit. The SFQ shall follow the format presented below. If the Service Provider team includes subcontractor(s) answers for both Service Providers and/or all subcontractors are required, or clearly identify who the response is from. A. Cover Letter: Provide a cover letter that summarizes why the Service Provider is qualified and should be considered for selection for the City of Fort Collins One Water Action Framework project and how your firm can provide the best value to the City. B. Firm Summary: Provide an outline describing the Service Provider’s firm, including: 1. Description of the company’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices - identify which office will be the primary contact for the project if awarded 7. Primary contact information for the company, including contact name, title, email and phone number. 8. Has your firm ever failed to complete any project awarded to the firm? 9. Have you, or your firm, ever defaulted on a contract? If so, where and why? 10. Are you, or your firm, debarred by any government agency within the past five (5) years? If yes please describe. 11. Are any lawsuits pending against the firm currently? If yes, provide a summary of the matter and current status of the lawsuit. C. Qualification Summary: The Service Provider is expected to bring experience and expertise in One Water planning and implementation around all facets of One Water. Service Providers without previous experience on similar projects will not be considered. The City is seeking Service Providers with the following minimum qualifications/experience:  The awarded Service Provider shall be a firm, team, or individual regularly engaged in planning, conducting, and documenting public engagement activities, performing analyses of equitable outcomes, integrated resource planning and implementation of One Water principles.  Demonstrated experience developing strategic One Water Plans for mid and large size water, wastewater, and/or stormwater utilities.  The awarded Service Provider shall be led by a project manager with at least five (5) years of applicable project experience including projects requiring similar methods.  Demonstrated ability to summarize and explain complex technical topics and analytical results in a clear and accurate report format.  Must be familiar with water utility capital planning, northern Colorado water law, green infrastructure, water quality standards, climate change mitigation and adaptation strategies, and social equity issues around water. Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 10 of 13  Service Provider must be familiar with water related issues in northern Colorado and the Colorado River Basin and have the ability to meet in person for key project activities. The City’s preference is that the awarded Service Provider have office locations in Colorado. D. Summary of Project Experience (References): Provide project experience narratives detailing One Water planning and implementation projects, completed for a municipality, that were completed in the past five (5) years that demonstrates their qualification. The City reserves the right to review any and all projects the Service Provider has completed, including projects that may not have been listed in the SFQ. Detailed information should include: 1. Description of the project, including project name and location 2. Owner’s name, address, telephone number, email address and contact person 3. Service Provider’s team members and roles 4. Original contract value and final contract amount 5. Original milestones, were they met and if not, an explanation of why E. Sustainability/ Triple Bottom Line (TBL) Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of TBL sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Service Provider. F. Hourly Rates In your response to this SFQ, please provide the following: 1. Schedule of Rates. Provide a schedule of billing rates by category of employee and job title to be used during the term of the project. The fee schedule will be used to prepare Work Orders for Tasks I, II, and any additional requested work. A fee schedule for subcontractors/subconsultants, if used, shall be included. The Rate Schedule(s) will be firm for at least one (1) year from the date of the Agreement. Escalation for future years shall not exceed three percent (3%) per year for all labor, equipment, materials, and subcontractors/subconsultants rates. Pricing stated in Work Orders shall be consistent with the pricing in the Agreement or subsequent renewals as of the Work Order commencement date and will be held firm through the completion of the Work Order. Markup for subcontractors/subconsultants, rental equipment, and any materials shall not exceed seven and a half percent (7.5%). Overhead, profit, general and administrative expenses shall not be separately priced and shall be included in the rate schedule(s) line items. All indirect costs with the exception of travel are to be included in the hourly labor rates. Travel expenses may be reimbursed per the Agreement and current rates found at www.gsa.gov. Service Provider will be required to provide original receipts to the City for all travel expenses. Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 11 of 13 G. Acknowledgement The Acknowledgement form is attached as Section VI. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins request for a Solicitation for Qualifications and acknowledges that the Service Provider has read and agrees to be fully bound by all the terms, conditions, and other provisions set forth in the SFQ. H. Sample Agreement Included with this SFQ is a sample of the Agreement, attached as Section VII., that the City intends to use for obtaining the services of the Service Provider. The Service Provider is required to review this Agreement and indicate any objections to the terms of the Agreement. If revisions to the contractual terms are requested, please provide specific suggested revision language. Remainder of page left intentionally blank. Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 12 of 13 V. REVIEW AND SELECTION CRITERIA Qualifications submitted will be evaluated to determine if the Service Provider meets the qualification criteria. The decision shall be at the sole determination of the City and the conclusions of this review shall be final. Service Provider SFQ’s will be evaluated on the following minimum criteria: 1. Has the Service Provider demonstrated One Water Planning and implementation experience as stated in this SFQ specifically related to sections C and D? 2. Has the Service Provider successfully executed similar projects? 3. Does the Service Provider demonstrate the character, integrity, reputation, and judgement required for a project of this scale? 4. Have the references provided by the Service Provider reaffirmed the Service Provider’s experience and qualifications to successfully execute the City of Fort Collins One Water Action Framework project? 5. Do the provided hourly rates seem reasonable? 6. Does the Service Provider have any disqualifying factors? Remainder of page left intentionally blank. Solicitation for Qualifications 9926 City of Fort Collins One Water Action Plan Framework Page 13 of 13 VI. ACKNOWLEDGEMENT Service Provider hereby acknowledges receipt of the City of Fort Collins Solicitation for Qualifications and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in SFQ 9926 and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the knowledge and belief of the Service Provider. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. Service Provider agrees that the method of award is acceptable. d. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated Service Provider. e. Service Provider acknowledges receipt of addenda. f. Service Provider acknowledges no conflict of interest. g. The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72- 200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Provider may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such a statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. All provisions and pricing of any contract resulting from this request for proposal will be public information. Service Providers’ Legal Firm Name: Physical Address: Remit to Address: Name of Authorized Agent of the Service Provider: Email of Authorized Agent: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 1 of 19 Official Purchasing Document Last updated 11/2023 Section VII. Sample Agreement MASTER PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in Section 3 below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and , a(n) [enter state] [business type] (SERVICE PROVIDER). WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Service. The SERVICE PROVIDER agrees to provide Services in accordance with any project Work Orders for , issued by the CITY. A blank sample of a Work Order is attached hereto as Exhibit A, consisting of [# of Pages] and is incorporated herein by this reference. A general Scope of Services is attached hereto as Exhibit B, consisting of [# of Pages] and is incorporated herein by this reference. The CITY reserves the right to independently solicit any project rather than issuing a Work Order to the SERVICE PROVIDER for the same pursuant to this AGREEMENT. Irrespective of references to certain named third parties within this AGREEMENT or any Work Order, the SERVICE PROVIDER shall be solely responsible for performance of all duties hereunder. The term Service as used in this AGREEMENT shall include the Services(s) and deliverables contained in any Work Order issued by the CITY. The CITY may, at any time during the term of a particular Work Order and without invalidating the Work Order, make changes to the scope of the particular Service. Changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of [# of Pages] and incorporated herein by this reference. 2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall be performed as specified on each Work Order. Time is of the essence. Any change in schedule must be agreed upon in writing by the parties hereto via a Change Order. 3. AGREEMENT Period. This AGREEMENT shall commence , 20 (the Effective Date) and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT may be extended for additional one (1) year periods not to exceed two (2) additional one- year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. [Any price changes shall not exceed three percent (3%) per annual renewal]. Written notice of renewal shall be provided to the SERVICE PROVIDER no later than thirty (30) days before AGREEMENT end. Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 2 of 19 Official Purchasing Document Last updated 11/2023 4. Compensation. In consideration of the Services to be performed pursuant to this AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER [choose one] as designated in Exhibit D, consisting of [# of Pages], attached hereto and incorporated herein by this reference. At the election of the CITY, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each Work Order. Partial payments based upon the SERVICE PROVIDER’s billings and itemized statements are permissible as defined in the applicable Work Order. The amounts of any partial payments shall be based upon the SERVICE PROVIDER’s City-verified progress in completing the Service(s) to be performed pursuant to the Work Order and upon approval of the SERVICE PROVIDER’s direct reimbursable expenses. Payment shall be made following acceptance of the Service(s) by the CITY. Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the Service(s) completed shall be paid to the SERVICE PROVIDER following the submittal of a correct itemized invoice by the SERVICE PROVIDER. The CITY is exempt from sales and use tax. The CITY’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The CITY pays invoices on Net 30 days from the date of the invoice. 5. Early Termination by City. Notwithstanding the time periods contained herein, the CITY may terminate this AGREEMENT at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the SERVICE PROVIDER. In the event of early termination by the CITY, the SERVICE PROVIDER shall be paid for Service(s) rendered up to the date of termination, subject to the satisfactory performance of the SERVICE PROVIDER's obligations under this AGREEMENT. SERVICE PROVIDER shall submit a final invoice within ten (10) calendar days of the effective date of termination. Payment shall be the SERVICE PROVIDER's sole right and remedy for termination. 6. Notices. All notices provided under this AGREEMENT shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: SERVICE PROVIDER: CITY: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this AGREEMENT shall be written. 7. Design and Service(s) Standards. The SERVICE PROVIDER warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 3 of 19 Official Purchasing Document Last updated 11/2023 timely completion and the coordination of all Service(s) rendered by the SERVICE PROVIDER, the Project Instruments as defined in Section 11 below. The SERVICE PROVIDER shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 8. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the CITY and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the SERVICE PROVIDER or third parties against the CITY arising out of or related to this AGREEMENT (not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY's costs and reasonable attorney’s fees. 9. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit [choose one], consisting of [# of Pages], attached hereto and incorporated herein. 10. Appropriation. To the extent this AGREEMENT or any provision in it constitutes a multiple fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation by CITY Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall have no obligation to continue this AGREEMENT in any fiscal year for which no supporting appropriation has been made. Non-appropriation by the City shall not be construed as a breach of this AGREEMENT. 11. Project Instruments and License. a. Upon execution of this AGREEMENT, the SERVICE PROVIDER grants to the CITY an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other Work Order deliverables (Project Instruments), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the CITY substantially performs its obligations under the AGREEMENT. The license granted hereunder permits the CITY and third parties reasonably authorized by the CITY to reproduce applicable portions of the Project Instruments for use in performing the Service(s) or construction for the project. In addition, the license granted hereunder shall permit the CITY and third parties reasonably authorized by the CITY to reproduce and utilize the Project Instruments for similar projects, provided however, in such event the SERVICE PROVIDER shall not be held responsible for the design to the extent the CITY deviates from the Project Instruments. This license shall survive termination of the AGREEMENT by default or otherwise. b. Upon payment under each applicable Work Order, Project Instruments rendered by the SERVICE PROVIDER shall become the sole property of the CITY. Upon request or as provided in each applicable Work Order, the SERVICE PROVIDER shall provide Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 4 of 19 Official Purchasing Document Last updated 11/2023 the CITY with the Project Instruments in electronic format. The electronic copy of the Project Instruments shall be submitted to the CITY in a mutually agreed upon format. 12. City Project Manager. The CITY’s Project Manager will be shown on the specific Work Order and shall make, within the scope of the Project Manager’s authority, all necessary and proper decisions with reference to the Service(s) requested. 13. Project Status Report. A project status report is required to accompany all invoices and shall be submitted to the CITY Project Manager. The progress status report shall contain a written report of the status of the Service(s) with respect to the Scope of Services, project schedule, previous invoices, outstanding balance, percent billed and other material information. Failure to provide any required report may, at the option of the CITY, suspend the processing of any payment request. 14. Independent Contractor. The Service(s) to be performed by the SERVICE PROVIDER are those of an independent contractor and not of an employee of the City of Fort Collins. The CITY shall not be responsible for withholding any portion of the SERVICE PROVIDER's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 15. Personal Services. It is understood that the CITY enters into this AGREEMENT based on the special abilities of the SERVICE PROVIDER and that this AGREEMENT shall be considered as an AGREEMENT for personal services. Accordingly, the SERVICE PROVIDER shall neither assign any responsibilities nor delegate any duties arising under this AGREEMENT without the prior written consent of the CITY. 16. Subcontractors/Subconsultants. The SERVICE PROVIDER may not subcontract any of the Service(s) set forth in any Work Order without the prior written consent of the CITY, which shall not be unreasonably withheld. If any of the Service(s) is subcontracted hereunder, with the consent of the CITY, then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar Service(s), (b) the subcontractor/subconsultant will be required to comply with all applicable terms of this AGREEMENT, (c) the subcontract will not create any contractual relationship between any subcontractor/subconsultant and the CITY, nor will it obligate the CITY to pay or see to the payment of any subcontractor/subconsultant, and (d) the Service(s) of the subcontractor/subconsultant will be subject to inspection by the CITY to the same extent as the Service(s) of the SERVICE PROVIDER. The SERVICE PROVIDER shall require all subcontractor/subconsultants performing Service(s) hereunder to maintain insurance coverage naming the CITY as an additional insured under this AGREEMENT, Exhibit [choose one], consisting of [# of Pages], attached hereto and incorporated herein by this reference. The SERVICE PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the SERVICE PROVIDER shall promptly provide the CITY with a copy of the certificate(s). Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 5 of 19 Official Purchasing Document Last updated 11/2023 17. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder shall not in any way relieve the SERVICE PROVIDER of responsibility for the quality or technical accuracy of the Service(s). The CITY's approval or acceptance of, or payment for, any of the Service(s) shall not be construed to operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT. 18. Default. Each and every term and condition hereof shall be deemed to be a material element of this AGREEMENT. In the event either party should fail to or refuse to perform according to the terms of this AGREEMENT, that party may be declared in default upon notice. 19. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the AGREEMENT and seek damages; (b) treat the AGREEMENT as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. In event of a dispute regarding this AGREEMENT, each party shall bear its own attorney fees and costs. 20. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT of the parties regarding this transaction and the matter recited herein. This AGREEMENT and all Work Orders pursuant to this AGREEMENT supersede any prior agreements, promises, or understandings as to the matter recited herein. The AGREEMENT shall be binding upon the parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this AGREEMENT shall not be binding on the parties. In the event of a conflict between terms of the AGREEMENT and any exhibit or attachment, the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT affirms that they have the necessary authority to sign on behalf of their respective party and to bind that party to the terms of this AGREEMENT. 21. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution and enforcement of this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the CITY subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this AGREEMENT. 22. Use by Other Agencies. The CITY reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 6 of 19 Official Purchasing Document Last updated 11/2023 to use the CITY’s award determination to the SERVICE PROVIDER. Use by any other entity shall not have a negative impact on the CITY in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the CITY in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established solely between the Agency and the SERVICE PROVIDER. The CITY’s concurrence hereunder is subject to the SERVICE PROVIDER’s commitment that this authorization shall not have a negative impact on the Service(s) to be completed for the CITY. 23. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4); Section §§24-34-401, et seq., C.R.S., and any associated State or Federal laws and regulations, strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to City policy, sexual orientation means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the CITY strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that the employee has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The CITY requires the SERVICE PROVIDER to comply with the CITY’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party subcontractors/subconsultants at every tier. 24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the SERVICE PROVIDER agrees to meet all the requirements of the Americans with Disabilities Act of 1990, §§24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the SERVICE PROVIDER or which would be imposed on the CITY as a public entity. 25. Technology Accessibility. The SERVICE PROVIDER represents in performing the Service(s) hereunder, it shall fully comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and all accessibility standards as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to §24-85- 103, C.R.S., including all updates and amendments to those standards as provided by the OIT. To confirm that the Project Instruments meet these standards, SERVICE PROVIDER may be Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 7 of 19 Official Purchasing Document Last updated 11/2023 required to demonstrate compliance.  The SERVICE PROVIDER shall indemnify the CITY pursuant to the Indemnification section above in relation to the SERVICE PROVIDER’s failure to comply with §§24-85-101, et seq., C.R.S., or the OIT’s accessibility standards pursuant to §24-85-103, C.R.S. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act § 6-1-1301 et. seq. (the Privacy Act). SERVICE PROVIDER shall ensure that each person processing any personal data connected to the Service(s) is subject to a duty of confidentiality with respect to the data. If applicable, SERVICE PROVIDER shall require that any subcontractors meet the obligations of SERVICE PROVIDER with respect to any personal data connected to this SOW. The Parties agree that upon termination of the Service(s) that SERVICE PROVIDER shall, at the CITY’s choice, delete or return all personal data to the CITY unless retention of the personal data is required by law. SERVICE PROVIDER shall make available to the CITY all information necessary to demonstrate compliance with the obligations of the Privacy Act. SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and inspections by the CITY or the CITY’s designated auditor. 27. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 28. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and documents in the CITY’s possession may be considered public records subject to disclosure under the CORA. 29. Force Majeure. No party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the party that could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided the cause could not have been reasonably foreseen and guarded against by the affected party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the SERVICE PROVIDER must provide notice to the CITY of such condition within ten (10) days from the onset of the condition. 30. Special Provisions. Special provisions or conditions relating to the Service(s) to be performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] - Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 8 of 19 Official Purchasing Document Last updated 11/2023 Confidentiality, consisting of [# of Pages], attached hereto and incorporated herein by this reference. 31. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT, the conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: (a) this AGREEMENT (and any written amendment), (b) Exhibits to this AGREEMENT, (c) Work Order(s) (and any applicable Change Order), and (d) the Purchase Order document. 32. Prohibited Terms.  Nothing in any Exhibit, Work Order, or other attachment shall be construed as a waiver of any provision above. Any terms included in any Exhibit, Work Order, or other attachment that requires the CITY to indemnify or hold SERVICE PROVIDER harmless; requires the CITY to agree to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with statute, City Charter or City Code in any way, shall be void. [Signature Page Follows] Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 9 of 19 Official Purchasing Document Last updated 11/2023 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: Date: Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 10 of 19 Official Purchasing Document Last updated 11/2023 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: SERVICE PROVIDER agrees to perform the Service(s) identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 11 of 19 Official Purchasing Document Last updated 11/2023 EXHIBIT B GENERAL SCOPE OF WORK Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 12 of 19 Official Purchasing Document Last updated 11/2023 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 13 of 19 Official Purchasing Document Last updated 11/2023 EXHIBIT D BID SCHEDULE/COMPENSATION The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 14 of 19 Official Purchasing Document Last updated 11/2023 EXHIBIT INSURANCE REQUIREMENTS The SERVICE PROVIDER will provide, from insurance companies acceptable to the CITY, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the SERVICE PROVIDER shall furnish the CITY with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may take out and maintain, at the expense of the SERVICE PROVIDER, insurance as the CITY may deem proper and may deduct the cost of the insurance from any monies which may be due or become due the SERVICE PROVIDER under this AGREEMENT. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The CITY, its officers, agents and employees shall be named as additional insureds on the SERVICE PROVIDER 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this AGREEMENT. Insurance coverages shall be as follows: A. Workers' Compensation and Employer's Liability. The SERVICE PROVIDER shall maintain Workers’ Compensation and Employer’s Liability insurance during the life of this AGREEMENT for all of the SERVICE PROVIDER's employees engaged in work performed under this AGREEMENT. Workers' Compensation and Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT General Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. Errors and Omissions. The SERVICE PROVIDER shall maintain errors and omissions insurance in the amount of $1,000,000. In the event any work is performed by a subcontractor/subconsultant, the SERVICE PROVIDER shall be responsible for any liability directly or indirectly arising out of the work performed under Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 15 of 19 Official Purchasing Document Last updated 11/2023 this AGREEMENT by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 16 of 19 Official Purchasing Document Last updated 11/2023 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under this AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, CITY customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the CITY, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non-documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which SERVICE PROVIDER has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this AGREEMENT with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this AGREEMENT and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The CITY and SERVICE PROVIDER shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this AGREEMENT as an on-going obligation of the Parties. SERVICE PROVIDER shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this AGREEMENT. Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 17 of 19 Official Purchasing Document Last updated 11/2023 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this AGREEMENT. The Receiving Party shall furnish a copy of this AGREEMENT with any disclosure. 6. Notwithstanding paragraph 5, SERVICE PROVIDER shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the CITY. 7. Red Flags Rules. SERVICE PROVIDER must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, SERVICE PROVIDER must take appropriate steps to mitigate identity theft if it occurs with one or more of the CITY’s covered accounts and must as expeditiously as possible notify the CITY in writing of significant breeches of security or Red Flags to the CITY. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, SERVICE PROVIDER shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) SERVICE PROVIDER’s information security safeguards shall address the following elements:  Data Storage, Backups and Disposal  Logical Access Control (e.g., Role-Based)  Information Classification and Handling  Secure Data Transfer (SFTP and Data Transfer Specification)  Secure Web Communications Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 18 of 19 Official Purchasing Document Last updated 11/2023  Network and Security Monitoring  Application Development Security  Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging)  Incident Response  Vulnerability Assessments  Hosted Services  Personnel Security b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall not release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions of this AGREEMENT, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor SERVICE PROVIDER may use. Accordingly, any release of data, confidential information, or failure to protect information under this AGREEMENT by a subcontractor or affiliated party shall be attributed to SERVICE PROVIDER and may be considered to be a material breach of this AGREEMENT. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the SERVICE PROVIDER can ensure security for the Confidential Information so stored. Workstations or laptops to be used in the Service(s) will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Service(s) and or AGREEMENT and at any time thereafter unless specifically authorized by the CITY in writing. 11. If SERVICE PROVIDER breaches this AGREEMENT, in the CITY’s sole discretion, the CITY may immediately terminate this Agreement and withdraw SERVICE PROVIDER’s right to access Confidential Information. 12. Notwithstanding any other provision of this AGREEMENT, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. SERVICE PROVIDER acknowledges that the CITY may, based upon the representations made in this AGREEMENT, disclose security information that is critical to the continued success of the CITY’s business. Accordingly, SERVICE PROVIDER agrees that the CITY does not have an adequate remedy at law for breach of this AGREEMENT and therefore, the CITY shall be entitled, as a non-exclusive remedy, and in addition to an action for damages, Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 19 of 19 Official Purchasing Document Last updated 11/2023 to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this AGREEMENT. ONE WATER COMMUNITIES S e l f - A s s e s s m e n t F r a m e w o r k a n d R a t i n g S y s t e m Created By: One Water Solutions Institute Colorado State University EXHIBIT A Acknowledgments This work was supported by the Water Research Foundation (WRF) and the National Science Foundation (NSF) Sustainability Research Network Cooperative Agreement 1444758. The organizations that helped prepare this report include: One Water Solutions Institute, Colorado State University; Carollo Engineers, Inc.; Florida International University; and Institute for Sustainable Infrastructure. © Copyright 2020 by The Water Research Foundation. All rights reserved. Permission to copy must be obtained from The Water Research Foundation. Research Team Principal Investigators: Mazdak Arabi, PhD Colorado State University, One Water Solutions Institute Inge Wiersema, PE Carollo Engineers, Inc. Project Team: Jessica Bolson, PhD Florida International University Donya Dezfooli Colorado State University, One Water Solutions Institute Sarah Millonig Colorado State University, One Water Solutions Institute Jacquelin Mutter, MBA HDR, Inc. Mike Sukop, PhD Florida International University Kristi Wamstad, MCRP Institute for Sustainable Infrastructure WRF Project Advisory Committee Gary Belan American Rivers Scott Berry US Water Alliance Paula Kehoe San Francisco Public Utilities Commission Rich Sustich Metropolitan Water Reclamation District of Greater Chicago (retired) Water Research Foundation Staff John Albert, MPA Chief Research Officer Harry Zhang, PhD, PE Research Program Manager Participating Utilities American Rivers Arlington Virginia Dept. of Environmental Services City and County of Denver City of Calgary City of Fort Collins Utilities City of Vancouver (Canada) City of Vancouver (Washington) City of Vaughan EPCOR (formerly Edmonton Power Corporation) Fort Collins Utilities Hampton Roads Sanitation District Hillsborough County Public Utilities Honolulu Board of Water Supply Houston Water Los Angeles Sanitation & Environment Loudon Water Miami Dade Water & Sewer Department Milwaukee Metropolitan Sewerage District New York City Dept. of Environmental Protection NYC Dept. of Environmental Protection Oklahoma Water Resources Board One Water One World Philadelphia Water Department Regional Municipality of York San Francisco Public Utilities Commission Seattle Public Utilities Southern Nevada Water Authority Tucson Water One Water Communities Self-Assessment Framework and Rating System Purpose: Communities throughout the world are transitioning toward the One Water approach to improve efficiency and reduce costs while addressing climate change adaptation, resilience to extreme events, and social equity and environmental justice. The overarching goal of the One Water Assessment Framework is to enable utilities and stakeholders to develop coherent One Water strategies at both the city and multijurisdictional metropolitan levels. This project introduces a One Water Communities (OWC) Self-Assessment Framework with commensurate indicators and a 1-to-5 rating system to measure progress toward implementation of One Water goals, strategies, and implementation actions. Approach: The project activities included a comprehensive and systematic literature review of One Water topics, key water expert interviews, a national water utility and practitioners survey, and a facilitated virtual stakeholder workshop attended by representatives from utilities and municipalities across broad geographic regions. One Water Approach Defined: One Water is a collaborative planning and implementation approach that fosters integrated and equitable management of water resources for long-term resilience and reliability, meeting both community and ecosystem needs. A “One Water Community” holistically manages all water systems to meet the needs of all people and the environment, today and in the future. The One Water paradigm addresses both integration of physical systems across traditional disciplines and integration of agencies across traditional sectors. It promotes coordination among various departments or functions of cities and auxiliary agencies in charge of planning, water supply, wastewater management, storm and flood waters, water quality, and watersheds. The concept of One Water offers a unified approach to managing the inherent interconnectivities among the different contexts where water is managed, as well as its connections with other natural and social sectors. This paradigm motivates an enhanced and holistic understanding of the urban water cycle and microclimate, improved representation of the social and environmental context of urban water systems that fosters integrative management and identifies key sustainability goals (e.g., resilience and reliability) amid socioeconomic constraints. The One Water approach utilizes tools that can be centralized or decentralized, well-established or still evolving. Important One Water technologies include water conservation and demand management systems, stormwater management and green infrastructure, fit-for-purpose-use of alternative local water sources, water recycling, energy management, nutrient recovery, and source separation. EXECUTIVE SUMMARY One Water Communities WRF Project # 4969 Key Elements of the One Water Approach Nine Key Elements of a One Water Community are defined to engage a broad audience of One Water champions by breaking down silos and facilitating conversations through a common methodology and language to communicate within and across agencies and audiences. These Key Elements inform the specific goals of the One Water approach in the community and are characterized by subcategories of indicators that should be collectively considered and incorporated at all stages of the development, implementation, and assessment of One Water plans and strategies. The assessment of the Key Elements (i.e., goals) and subcategories (i.e., specific objectives) is informed by a set of baseline, benchmarking, and performance indicators and metrics that are selected appropriately for each assessment level. Institutional Collaboration, Governance, and Organizational Culture Flood and Stormwater Resilience Water Recycling and Resource Recovery Climate Change Resilience Stakeholder Engagement and Community Support Social, Environmental, and Economic Equity Community Livability, Quality of Life, and Affordability Water Supply Resilience Watershed and Ecosystem Health EXECUTIVE SUMMARY One Water Communities WRF Project # 4969 One Water Communities Self-Assessment Framework The One Water Communities (OWC) Self-Assessment is a framework that groups can use to track progress through levels of demonstrated achievement. The Framework includes “Levels” by which communities can evaluate their One Water strategies, practices, and outcomes against appropriate expectations of performance and includes three Levels that are oriented toward processes and actions: Level 1 – Onboarding: A community begins by setting the foundations for their One Water approach. This includes developing an understanding of existing conditions and establishing direction through a shared vision and a set of objectives commensurate with Key Elements for One Water Communities. The primary focus of this assessment level is on the alignment of leadership and resources while gathering essential information required to assess opportunities for collaboration across city organizations and engagement with the community at large. Level 2 – Progressing: A community builds upon its shared One Water vision and objectives to identify and develop plans for One Water policy, management, and technological solutions. Key cross-organizational partnerships are forged to identify One Water strategies to meet the intended goals of the One Water program in the face of emerging opportunities and threats. At this Level, cross-departmental and agency collaborations are institutionalized and agreed upon. Engagement vehicles are explored to foster effective communication with agency and community stakeholders. This assessment level entails development of key indicators, metrics, and desired targets to assess the progress of the One Water program. Level 3 – Advancing: A community adaptively implements the One Water Plan recommendations. Implementation and adaptation are informed by continuously monitoring key performance metrics in the face of evolving conditions. Efforts are supported and reinforced by both internal and external stakeholders. Procedures are established to update the initial One Water Plan based on changing conditions and regular feedback from stakeholders. Best practices are adopted to facilitate transparency in communication of outcomes and verification of the reported progress. ❖Organizational capacity: One Water Leadership Team ❖Key product: One Water Vision and Guiding Principles Document ❖Expected duration: 6 – 12 months ❖Organizational capacity: Cross- organizational partnerships and engagement ❖Key product: One Water Plan ❖Expected duration: 1 – 3 years ❖Organizational capacity: Evaluation and continuous improvement capacities ❖Key product: One Water Adaptive Management Plan and report cards ❖Expected duration: Ongoing and continuously conducted in 1 – 3-year cycles LEVEL 1 Onboarding Community LEVEL 2 Progressing Community LEVEL 3 Advancing Community EXECUTIVE SUMMARY One Water Communities WRF Project # 4969 OWC Action Categories To help communities appropriately gauge their Level (i.e., Onboarding, Progressing, or Advancing), the self-assessment framework includes five action-oriented categories within which clear expectations are defined. These five Action Categories are: One Water Planning; Organizational Culture; Stakeholder Engagement; Informed Actions; and One Water Monitoring. A community that demonstrates appropriate achievement across the Action Categories can transition to the next Level. The One Water Community Rating System The OWC Framework encompasses three Levels, each characterized by five Action Categories. Moving from one OWC Level to the next entails implementing appropriate actions with specific outcomes. Thus, it is possible that a city is more advanced in some respects and is lagging in others. The Framework incorporates the consideration that communities may be at different Levels across relevant Action Categories. A 1-to-5 Star Rating System is used to assess the status of the community’s programs within each OWC Level. Implementation of the Self-Assessment Framework The self-assessment framework helps a community better understand and prioritize their organization’s commitments to One Water practices. The Framework is intended to promote and facilitate collaboration and communication both within and across agencies as well as foster public engagement and communication with key stakeholders and policy makers. To successfully implement the Framework, an organization exhibits teamwork, collaboration, and integration of related cross-jurisdictional departments and/or agencies. The procedures for the implementation of the frameworks include: (1) pre-assessment; (2) self-assessment by One Water Action Categories; (3) self-assessment by One Water Levels; and (4) Monitoring, evaluation, and documentation of progress. Information Gathering Plan Development Adaptive Implementation Leadership Commitment Organizational Alignment Inspired Organization Institutional Collaboration Community Engagement Continuous Feedback Quick-Wins Collaboration Opportunities Commitment and Investment Baseline Indicators Benchmarking Indicators Performance Indicators Level 1 Onboarding Level 2 Progressing Action Category One Water Planning Organizational Culture Stakeholder Engagement Informed Actions One Water Monitoring Level 3 Advancing EXECUTIVE SUMMARY One Water Communities WRF Project # 4969 One Water Monitoring One Water Communities indicators are used to measure progress toward achieving an organization’s One Water vision and objectives. Monitoring progress helps align a city’s resources with implementation actions and characterize how a community changes and adapts to future challenges. For each self-assessment Level, the community establishes a common set of baseline, benchmarking, and performance indicators that are used to monitor progress toward the desired targets and the collective One Water objectives. The methodologies used to monitor progress for each indicator should be clearly described, replicable, and transparent. Level 1 - Baseline Indicators: Characterizing the state of water resources, water systems, and water management strategies using a predetermined set of baseline indicators that are readily available and meaningful for all communities. Level 2 - Benchmarking Indicators: Establishing representative indicators with desired targets to track progress toward programmatic goals. Level 3 - Performance Indicators: Developing and quantifying performance indicators to monitor improvements in key One Water elements at appropriate time intervals and spatial scales. Image curtesy of Denver Regional Council of Governments (DRCOG) EXECUTIVE SUMMARY One Water Communities WRF Project # 4969 About The One Water Solutions Institute (OWSI) at Colorado State University solves real-world water and environmental challenges through world-class research and innovative technologies. We facilitate collaboration between the University and outside partners including public, private, and non- governmental organizations (NGO) through a variety of research, software development, training, and educational activities. OWSI provides expertise to assist in the planning, development, and implementation of One Water programs. We can help your community develop appropriate goals and objectives to set targets and assess progress towards a One Water future. Learn more about OWSI by visiting http://onewatersolutions.com or contact us at owsi@colostate.edu. For more information about the WRF One Water Cities Project #4969, scan the QR code or visit: https://www.waterrf.org/research/projects/one-water-cities- development-guidance-documents-and-assessment-metrics One Water Communities (WRF #4969)