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HomeMy WebLinkAboutRFP - 8709 PREMISE INSTALLATION FOR A FIBER-TO-THE-PREMISES (FTTP) BROADBAND NETWORK REQUEST FOR PROPOSAL NO. 8709 FOR PREMISE INSTALLATION FOR A FIBER-TO-THE-PREMISES (FTTP) BROADBAND NETWORK The City of Fort Collins (“City”) is initiating this Request for Proposal (“RFP”) to qualified vendors for premise installation for a Fiber-to-the-Premise (FTTP) broadband network. In its discretion, the City may elect not to enter into any contract awarded under this RFP until the City issues revenue bonds and City Council appropriates the bond proceeds for this project. If the City elects to enter into the contract prior to the issuance of the bonds and the appropriation of proceeds, the City’s performance under the contract will be contingent upon the issuance of the bonds and appropriation of proceeds. The bonds are currently planned to be issued in April 2018, but subject to change. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e- mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 pm (our clock), March 23, 2018 and referenced as Proposal No.8709. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to the Project Manager Brad Ward at (970) 224-6003 or bward@fcgov.com. Questions regarding bid submittal or process should be directed to Gerry Paul, Purchasing Director at (970) 221-6779 or gspaul@fcgov.com. All questions must be submitted in writing via email to Brad Ward at bward@fcgov.com, with a copy to Gerry Paul at gspaul@fcgov.com, no later than 5:00 pm our clock on March 9, 2018. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing 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. Confidential and proprietary information in your response must be clearly identified as “Confidential” or “Proprietary", as applicable, and 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. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for 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. 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 any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Vendors participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s Professional Services Agreement and such other terms established by the City (see sample attached to this RFP as Appendix B). Sincerely, Gerry S. Paul Purchasing Director City of Fort Collins Request for Proposals No. 8709 for Premise Installation for a Fiber-to-the-Premises (FTTP) Broadband Network SECTION 1 – Project Background Fort Collins is nestled against the foothills of the Rocky Mountains and alongside the banks of the Cache La Poudre River. With an estimated population of 161,000 (approximately 66,500 housing units), Fort Collins is among the nation’s fastest growing metropolitan areas. The City includes many assets and amenities that provide a competitive advantage including: Colorado State University, abundant natural resources and agricultural land, highly educated and creative workforce, a historic downtown, and many miles of trails, parks and bike paths. Fort Collins has one of the highest rates of patents per capita in the world with a major research institution – Colorado State University – a cluster of federal laboratories and such high-tech companies as Hewlett- Packard, AMD, Intel and Broadcom. During the Budgeting for Outcomes (BFO) community outreach in 2014, the community prioritized and identified a need to address the lack of reliable, universal and affordable broadband services. The City of Fort Collins addressed the broadband situation by identifying the following strategic objective in the 2015/2016 Strategic Plan. “Strategic Objective 3.9 – Encourage the development of reliable high speed internet services throughout the community.” The overall objective is to bring reliable, high speed internet to the city of Fort Collins, while making an informed decision through evaluation of risk and opportunities. The FCC formally defines broadband as internet download speed of 25 megabits per second (Mbps) and upload of 3Mbps or faster. However, a popular benchmark of high-speed broadband is commonly known as gigabit speed (Gbps), and is seen in many cities across the country including Longmont, CO. More information about the City’s Strategic Plan can be found at: http://www.fcgov.com/citymanager/pdf/strategic-plan-2015.pdf. On November 3, 2015, 83 percent of Fort Collins voters supported Ballot Issue 2B, which overturned Colorado Senate Bill 05- 152, removing legal barriers for the City’s involvement, direct or indirect, in providing telecommunication services. This vote allows the City and citizens to consider and pursue the best decisions based on the needs and desires of the community. On November 7, 2017 voters approved ballot measure 2B with a vote of 57.15 percent giving the City the authority to provide high-speed broadband services to the community. The City of Fort Collins’ Broadband Plan’s overall objective is to bring ultra-high-speed internet to the City of Fort Collins while making an informed decision through evaluation of risks and opportunities. Additional benefits being sought include competitive pricing (market price at $70/month or less for 1 Gbps and an affordable Internet tier), universal coverage throughout the Fort Collins growth management area (GMA), underground infrastructure for improved reliability, and providing services within a reasonable timeframe. The City also makes certain GIS data sets available on line that may be helpful to Vendors responding to this RFP. This data is available at http://www.fcgov.com/gis/downloadable-data.php. Project Assumptions The City of Fort Collins is seeking bids to provide Fiber to the Premise (FTTP) installation services to single family residences, Multiple Dwelling Units (MDUs), and commercial entities. Additionally, this activity will involve external drop and outside demarcation box, internal or external Optical Network Terminal (ONT) and inside wiring. The City of Fort Collins is evaluating full triple -play services including Internet, voice, and video and is planning a take rate up to 50% on an estimated total of 70,000 premises. The Vendor is encouraged to identify their experience, capabilities, and pricing proposal across both internal and external connection tasks in their response. The City is currently in the process of selecting an electronics provider and, separately, an operations support system/business support system (OSS/BSS) provider. The Vendor will be required to utilize compatible tools to enable smart device/handheld access to the OSS platform in the field, as well as for all install scheduling, quota management, work order entry and issuance, and inventory management of the ONT’s. The FTTP network will be 100% underground. The high-level project timeline as in the table below: Date High Level Milestone May 2018 Sign Contracts; Begin Design Aug 2018 Begin Construction Sep 2018 Core Network & Electronics in Place Nov 2018 Begin Alpha Testing Feb 2019 Begin Beta Testing Mar 2019 Targeted "go live"; 1st Live Paying Customer Q4 2020 Finish Neighborhood Construction SECTION 2 – Requirements Please, provide detailed descriptions and answers to each item (section) below, for any proposed solution(s). Please be as specific as possible. 2.1 Service and Skill Requirements The Vendor will be responsible for connecting provisioned ports at (LCP) Local Convergence Points to Network Access Points (NAP), installation of drop and splicing where needed, installation of ONTs, Network Interface Devices (NID), inside wiring, set tops, wireless routers, outlets, integration with existing customer equipment, activation, validation and documentation. 2.1.1 The Vendor is to provide labor for all drop placement including direct bury, missile boring, micro-trenching, plowing and directional boring. 2.1.2 The Vendor will be expected to provide an after-hours on-call response team and assist with restoration services as needed. 2.1.3 Installation services are required to meet applicable Federal, State and local building codes and standards. The Vendor must possess all applicable Contractor’s License. Insurance requirements shall be addressed in the contract with the successful firm. 2.1.4 The Vendor shall provide a detailed description of experience in providing installation and/or support for the following: • Safety experience; • Fiber ONT installation; • Install and test CAT6/CAT5e wiring; • Installation of Set Top Boxes / IP Set Top boxes; • Wireless Routers experience; • Light measurements experience; • UPS and power feed experience; • Warehousing and inventory management to include all materials and service order documentation; • Test and validation of existing internal wiring infrastructure; • Integrate and wire ONT to utilize existing cables for voice; • Provide complete underground facilities placement including drop micro-ducts, fiber drops, and vault installation experience; • Ability to direct plow drops; • Capable of missile and directional boring; • Customer training to include equipment overview and the demonstration of all services installed; • Customer service including professionalism, good housekeeping skills, clean and efficient late-model trucks, clean uniforms, clean workers and a goal of providing total customer satisfaction; • Broadband signage, logos etc. as directed by the City for trucks, uniforms, documents, etc. • Coordination with technical, sales and customer service staff for provisioning, ticket entry, scheduling, completion, testing and validation; • Provide warranty work as directed for defects or incomplete services. 2.2 Background The Vendor shall provide information in the support of the following: • Describe your company including officers and their responsibilities; • Length of time in business; • Provide information regarding current level and type of insurance carried; • Provide information listing three (3) Fiber-to-the-Premise deployments in which your company or its representatives have been involved. Provide dates of such projects and list all services provided at each of those deployments. Please indicate the size of the deployments listing homes passed and allocated manpower resources; • Describe any attributes distinguishing your company from other companies offering similar services. 2.3 Management and Staffing 2.3.1 The Vendor shall provide detailed information as to how the following will be managed on all premise installations: • Logistics and Inventory management including all materials and service order documentation • Warehousing • Service Order flow • Quality Control 2.3.2 The Vendor shall provide their management and staffing plans/procedures/policies, including, at a minimum: • Organization Chart • Training • Hiring standards and practices such as drug testing, background checks, etc. • Performance Reviews • Uniforms • Badging & Photo IDs • Booties • Vehicles • Quality Control • Problem/Complaint Resolution • Incident Reporting to include 2.3.3 The Vendor shall provide documentation which shows a company history of providing excellent customer service in the FTTP Industry. This documentation should include methods taken to insure good housekeeping practices during installation. 2.3.4 The Vendor shall provide information, or a script, detailing a typical customer interaction (i.e. please walk us through how your crews are trained for a typical customer interaction). 2.3.5 The Vendor will be required to train City staff on all premise install functions. 2.4 Service Drops and Inside Plant Construction Standard residential FTTP service drops consisting of a single-strand fiber drop shall be installed utilizing micro-duct with a tracer wire (either integrated or installed at the same time along the same path). Tracer wires shall be properly bonded per NEC requirements to the main electrical ground and/or a suitable ground lug on the NID. Service drop micro-ducts shall be identified by permanent labels using an approved naming schema. The Vendor shall coordinate Service Drop installation and NID placement with the City and each homeowner. When engineering drawings require Fiber Laterals, they will typically be installed within a conduit unless otherwise noted. Fiber lateral cable sizes will vary according to approved engineered drawings. All inside plant construction shall meet applicable federal, state, and local codes, laws and regulations, as well as use approved construction methods and meet aesthetic standards as established by the City. All fiber cables and/or locate wires must be properly bonded and grounded upon building entrance. If indoor to outdoor cable splicing is required, all fibers entering and exiting facilities shall be spliced in rack-mounted or wall-mounted splice enclosures and fiber patch panels. Each termination and patch panel will be labeled to identify the termination point of the fiber according to an approved naming schema. Outdoor-rated cable shall not be run for a distance of more than 50 feet internal to the facility unless installed within Electrical Metallic Tubing (EMT). Building penetrations shall be properly sealed to prevent water seepage. Appropriate fire-stop sealant materials shall be used wherever cables, innerduct, and/or EMT must penetrate fire-rated walls or floor assemblies. 2.5 Install Schedule The Vendor must be able to establish scheduling procedures and maintain a workforce capable of completing installations which minimize customer installation backlogs. 2.5.1 The Vendor shall describe a maximum proposed schedule timeframe for the typical installation of a fiber run from the NAP to the premise along with an outdoor ONT. 2.5.2 The Vendor shall describe a maximum proposed schedule timeframe for the typical installation of a fiber run from the NAP to the premise. 2.5.3 The Vendor shall describe a maximum proposed schedule timeframe for the typical inside wiring in order to turn a customer live. 2.6 Fiber Testing The Vendor shall perform optical performance tests for all new and/or repaired cables to validate the optical performance of the entire link, as well as to verify that fiber splicing has occurred according to splice cut sheets. Testing will consist of OTDR to measure and document splice losses and connector losses. A 100-meter or longer launch cable shall be used between the OTDR and the fiber under test. Testing will also consist of direct optical attenuation and continuity testing using calibrated optical source and power meter. Testing will occur only after fibers are terminated on both ends of a link, and all intermediate construction and/or splicing involving the re-entry of installed splice cases or handling of the fiber optic cable is completed for a particular segment under test. The Vendor shall provide the electronic documentation of all test results. Testing shall be deemed successfully completed if: (1) maximum fiber losses meet manufacturer specifications, with an allowance for splices and connectors; (2) individual splice losses do not exceed 0.1 dB; and (3) maximum mated connector losses do not exceed manufacturer specifications. Testing will be performed by Vendor personnel, and may be observed by the City and other designated representatives of the City. The City may request and/or perform additional testing to verify results prior to accepting test data. 2.6.1 The Vendor shall provide a detailed description of testing procedures which accommodate, at a minimum, all stated requirements. 2.6.2 The Vendor shall describe how testing results will be managed and communicated to the City of Fort Collins. 2.7 Pricing Scenarios Please provide cost breakdown details for the following three (3) scenarios: 1. Residential connection from LCP to ONT with new drop a. With and without UPS b. With standard and non-standard length drops. 2. Small business commercial from LCP to ONT with new drop. a. With and without UPS 3. Multi-floor single building 24 unit (MDU) with new drop from LCP to ONT's. a. With and without UPS The Vendor shall describe the approach that will be utilized to accomplish these scenarios. Include any additional scenario considerations that your company would deem appropriate. Describe installation procedures and list average installation timetables and the number of visits and personnel required to complete each task. For the three (3) required scenarios, please consider requirement details such as: • Standard Drop Bury Lengths (include lengths outside of the standard) • Driveway and Sidewalk Bores • Fiber & Conduit Placement • Temporary Surface Drops • Asphalt/Concrete Excavation • Additional Removal & Replacement of Materials • Asphalt/Concrete Core Drill • Installation of a Multi-port Box if applicable • Any additional Items/Fees • Existing indoor wiring • New indoor wiring • Hourly Rates for non-standard work/ Professional Services • Wireless Router Installation • New outlets / Wall fishing 2.8 Unit Pricing Please complete the unit pricing form in Appendix A. The Vendor shall be required to: • Furnish all tools, equipment, consumable supplies, supervision, transportation, signage, uniforms and other accessories, services, warehousing and facilities. • Provide and perform all necessary labor. • Execute and complete all specified work to the satisfaction of the City of Fort Collins in accordance with good technical practices, with due diligence and in accordance with the requirements, stipulations, provisions and conditions of this RFP and the resulting contract. • Provide all test results on customer work order. • Obtain and provide customer approvals of work performed on work orders. SECTION 3: RFP SUBMITTAL Qualified entities who may have an interest in engaging with the City to provide premise installation services for a Fiber-to-the-Premises (FTTP) Broadband Network are encouraged to respond to this RFP. For this Section, firms are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what firms propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all of the information required may be deemed incomplete and may be subject to rejection. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. 3.1 Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. 3.2 Firm’s Information and Experience Provide relevant information regarding previous experience related to this or similar engagements, to include the following: • Company name, address, and website • Name and contract information for company’s primary point of contract • Brief company history • Organizational chart and proposed project team structure • Brief biography/resume for key professional and technical project personnel • Examples of projects similar in breadth and scope 3.3 Scope of Work In this Section firms should address their recommend approach to effectively execute the services solicited in this RFP by addressing each item/task identified Section 2 including completion of Appendix A Unit Price Form. . 3.4 Financials Provide a brief narrative describing the firm’s financial condition and willingness to undertake and complete the project proposed and to furnish equipment and services in accordance with this RFP. Please also provide audited financial statements (Income Statement, Balance Sheet, Cashflow, etc.) for the last three (3) years and any supporting information deemed pertinent. If bidder is public then last 3 years 10Ks, last 3 quarter’s 10Qs, any 8K and any other pertinent filings. This information can be submitted in a separate file and be marked confidential. SECTION 4: RFP SCHEDULE The preliminary RFP schedule follows: • Issuance of RFP February 16, 2018 • Question Deadline March 9, 2018 • RFP Responses Due March 23, 2018 • Interviews Weeks of April 16/23, 2018 • Contract Executed May 2018 SECTION 5: REVIEW AND ASSESSMENT Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and oral interviews. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. The City plans to interview the top ranked firms based on the assessment of the written proposals. At the City’s discretion, the City may also solicit Best and Final offers from the top ranked firms. WEIGHTING FACTOR QUALIFICATION STANDARD 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the Scope of Work or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager’s estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs? Did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? SECTION 6: MISCELLANEOUS A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City is not obligated for any cost incurred whatsoever by firms in the preparation of the Request for Information or potential travel to Fort Collins. Compensation and Contract Process A. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Professional shall be expected to sign the City’s Professional Service Agreement and such other terms established by the City. C. The City reserves the right to award directly as a result of the written proposals. E. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. COMMODITY CODES USED FOR THIS RFP: 910-XX Building Maintenance and Repair Services 912-XX Construction Services, General 913-XX Construction Services, Heavy 914-XX Construction Services 920-37 Networking Services (Including Installation and Maintenance) Appendix A: Unit Pricing Form Please complete attached Excel file Appendix B: Professional Services Agreement (SAMPLE) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". 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 Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional 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 Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of W ork without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days 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 himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has act ual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: EXHIBIT INSURANCE REQUIREMENTS 1. The Professional 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 Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” 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 Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $2,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000.