HomeMy WebLinkAboutSQUAREI TECHNOLOGIES - CONTRACT - RFP - P1076 WEBSITE UPDATE AND SUPPORTPROFESSIONAL (WORK ORDER) SERVICES AGREEMENT
-['HIS AGREEMENT is made and entered into this q day of vii
2008, by and between THE NORTH FRONT RANGE TRANSPORTATION AND AIR
QUALITY PLANNING COUNCIL (the "MPO") and Squarei Technolo
("Professional").
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. SCODe of Services. The scope of services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule stated on each Work
Order, a sample of which is attached hereto as Exhibit A and incorporated herein by this
reference.
2. Time. "lhe services to be performed pursuant to this Agreement shall be initiated
as specified on each Work Order. Time is of the essence. Any extensions of any time limit must
be agreed upon in writing by the parties hereto.
3. T'ernt. This Agreement shall commence on 01/04/2008 and shall continue in full
force and effect until 01/04/2009 unless terminated sooner as herein provided. In addition, at the
option of the MPO, the Agreement may be extended for additional one year periods not to
exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to
by both parties and may not exceed the Denver -Boulder CPI-U as published by the Colorado
State Planning and Budget Office. Written notice of renewal shall be provided to Professional
and mailed no later than ninety (90) days prior to contract end.
4, 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, and this
Agreement may be terminated.
5. Early Termination by MPO. Notwithstanding the time periods contained herein,
the MPO may terminate this Agreement at any time for the MPO's convenience or because of the
failure of Professional to fulfill the contract obligations. The MPO shall terminate by providing
at least fifteen (15) days prior written notice of termination by delivering to Professional a notice
of termination specifying the nature, extent, and effective date of the termination. Upon receipt
of the notice. Professional shall immediately discontinue all services affected (unless the notice
directs otherwise) and deliver to the MPO all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process. If the termination is for convenience, the MPO shall make an
equitable adjustment in the contract price but shall allow no anticipated profit oil unperformed
services. If the termination is for failure of Professional to fulfill the contract obligations, the
MPO may complete the work and Professional shall be liable for any additional cost incurred by
the MPO. If, after termination for failure to fulfill contract obligations, it is determined that
Professional was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the MPO.
I
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it
is FTA's general intention to increase transportation knowledge available to the public, rather than to
restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA
determines otherwise, Professional performing experimental, developmental, or research work
required by this Agreement agrees to permit FTA to make available to the public, either FTA's
license in the copyright to any subject data developed in the course of that contract, or a copy of the
subject data first produced under the contract for which a copyright has not -been obtained. If the
experimental, developmental, or research work, which is the subject of the underlying contract, is
not completed for any reason whatsoever, all data developed under that contract shall become
subject data as defined in subsection (a) of this clause and shall be delivered as the Federal
Government may direct. This subsection (c), however, does not apply to adaptations of automatic
data processing equipment or programs for Professional's use whose costs are financed in whole or
in part with Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the MPO and
Professional agree to indemnify, save, and hold harmless the Federal Government, its officers,
agents, and employees acting within the scope of their official duties against any liability, including
costs and expenses, resulting from any willful or intentional violation by the MPO or Professional of
proprietary rights, copyrights, or right of privacy, arising out of the publication, translation,
reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the
MPO nor Professional sliall be required to indemnify the Federal Government for any such liability
arising out of the wrongful act of any employee, official, or agents of the Federal Government.
(e) Nothing contained herein sliall imply a license to the Federal Government under any patent
of be construed as affecting the scope of any license or other right otherwise granted to the Federal
Government under any patent.
(f) Data developed by Professional and financed entirely without using Federal assistance
provided by the Federal Government that has been incorporated into work required by the
underlying contract to which this Attachment has been added is exempt from the requirements of
subsections (b), (c), and (d) of this clause, provided that Professional identifies that data in writing at
the time of delivery of the contract work.
(g) Unless FTA determines otherwise, Professional agrees to include these requirements in each
subcontract for experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective
of Professional's status (i.e., a large business, small business, state government or state
instrumentality, local government, nonprofit organization, institution of higher education, individual,
etc.), the MPO and Professional agree to take the necessary actions to provide, through FTA, those
rights in that invention due the Federal Government as described in U.S. Department of Commerce
regulations, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements." 37 C.F.R. Part 401.
4
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(4) Professional agrees to include these requirements in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance provided by
FTA-
B. Patent Rights:
(1) If any invention, improvement, or discovery is conceived or first actually reduced to
practice in the course of or under this Agreement, and that invention, improvement, or discovery is
patentable under the laws of the United States of America or any foreign country. Professional
agrees to take actions necessary to provide immediate notice and a detailed report to the party at a
higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective
of Professional's status'(a large business, small business, state govermnent or state instrumentality,
local government, nonprofit organization, institution of higher education, individual), Professional
agrees to take the necessary actions to provide, through FTA, those rights in that invention due the
Federal Government as described in U.S. Department of Commerce regulations, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(3) Professional agrees to include the requirements of this clause in cacti subcontract &rr
experimental, developmental, or research work financed in whole or in part with Federal assistance
provided by FTA.
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EXHIBIT D
Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose
performance of work under this Agreement does not involve the delivery of a specific end product
other than reports that are merely incidental to the performance of said work. Pursuant to Section
8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 "Basic Pilot
Program") in order to confirm the employment eligibility of all newly hired employees.
b. Contractor 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. Contractor shall continue to apply to participate in the Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier. The
requirements of this section shall not be required or effective if the Basic Pilot Program is
discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor has
actual 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 Contractor 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.
f. Contractor 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.
g. If Contractor 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, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S.
h. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
s:/shared/rfp/website update.doc
North Front Range Metropolitan Planning
Organization — Website Update / Support
Scope of Work
Tuesday, December 11, 2007
Information contained in this proposal shall not be disclosed outside North Ron[ Range Metropolitan Planning Organization (NFRMPO) and
shall not be duplicated, used, or disclosed in whole or in part. for any purpose other than to evaluate this proposal. If a contract is awarded to
this offer or as a result of or in connection with submission of the data contained herein, NFRMPO shall have the right to duplicate, use, or
disclose the data to the extent provided in the contract. This restriction doesn't limit NFRMPO right to use information contained in the data if it
is obtained from another source without restriction. The data subject to this restriction comprise the whole of this proposal.
N F RM PO -Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
able of Contents,
TABLEOF CONTENTS........................................................................................................................................................2
OVERVIEW.......................................................................................................................................................................3
KICKOFF ACTIVITIES AND MEETING..................................................................................................................................3
ASSESSMENT OF CURRENT SITE / INFRASTRUCTURE, USER SURVEY..................................................................................
3
Objectives...........................................................................................................................................................................
3
UserSurvey Instrument ...................... ............................................... ......._...................................... .-...
I ... ................ ........4
CREATIVEGRAPHIC DESIGN..................................................................................................................................I.........14
SITEFINITYIMPLEMENTATION..........................................................................................................................................4
Administration Functions- Content Management System (SiteFinity Implem ento tion) .................... ....._........
............... 4
SearchFunctionality...........................................................................................................................................................6
HandicapAccessibility- ....................................................................................._.........................................................._..6
CUSTOMAPPLICATION DEVELOPMENT............................................................................................................................
7
QUALITYASSURANCE AND TESTING.................................................................................................................................9
HOSTINGSETUP & CONFIGURATION..........................................................................................................
I .......... I .......... 9
PRODUCTION RELEASE- DELIVERY OF FINAL DEPLOYED WEBSITE......................................................................
I.............9
INITIAL TRAINING & SUPPORT- 24 HOURS.............................................................................................I........................9
PROJECTMANAGEMENT ... ................................... .................................. ........ :.................................................................
9
CLIENTDELIVERABLES.............................................................. -.................... .... ............... .......... ..............
I ......... I.......... 10
PROPOSEDTIME LINE / MILESTONES.............................................................................................................................
10
COST.............................................................................................................................................................................
12
TABLE1 - Development Cost. .............................. ...... ............. .......... ...... ........ ..... ........................................_.........
...... .... 12
TABLE2 - 3`° Party Software Cost....................................................................................................................................
12
TABLE 3 -Ongoing Maintenance Hourly Rote.................................................................................................................
12
ADDENDUM 1- NFRMPO WEBSITE UPDATE KICKOFF MEETING AGENDA........................................................................
13
ADDENDUM2- CERTIFICATE OF INSURANCE.................................................................................................................
14
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T F C H N O LOG 11 S
NFRMPO — Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
Overview
• Re -develop the current NFRMPO website creating a dynamic and progressive design providing
NFRMPO the ability to effectively present and manage their content.
• Gain a thorough understanding of the needs and wants of NFRMPO staff and website users
affording Squarei staff the opportunity to affect real world, long term, positive outcomes
related to NFRMPO systems and technologies.
• Deliver a robust content management using the SiteFinity CMS as the underlying architecture.
• Develop a professional relationship with NFRMPO staff ensuring we understand and effectively
communicate together.
• Complete a design that is reliable, scalable, and flexible allowing for future additions and ease
of integration with other systems.
• Use standards based development and widely accepted development techniques.
Hickoff- Activities: ai)d Moeting
The initial kickoff meeting is held to acquaint stakeholders and team member with the project and
each other. It should be fun, informative and productive. A draft meeting agenda is provided,
Addendum 1.
Assess:zierzt cif curvetatSite J ftt.fz zsirttcftft tt, User 4tftrvep
Define how the project will support your objectives and goals
• Specify the needs of your audiences including staff, constituents and partner organizations and
departments
• Define the content types needed in the content management system
• Define and prioritize functionality
• Define the attributes of each content type
• Define the measurable success metrics of the project
• Define the relationships between key content
• Confirm the budget, timeline and scope
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NFRMPO—Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
A user survey will be developed and delivered to website users specified by NFRMPO. The objective of
the survey will be to determine current user's perceptions, opinions, and improvement ideas. We will
work with NFRMPO staff to evaluate the results and incorporate the appropriate improvements.
Squarei has used several survey tools in the past; we plan to use Constant Contact's ListenUp Survey
tool to create, deliver and evaluate survey results. This tool provides easy access to the survey
information as well as transparency into the process.
Cz,e�ttjve Gniphic DCAgn
We will work with NFRMPO to create a dynamic and progressive graphic design. Website design has
several key considerations:
• Provide a consistent look across all marketing collateral
• Template based design - a design that promotes easily adding and removing content and
navigation.
• Navigation should be as simple and straight forward as possible while complex enough to
support the inevitable changes that occur.
• Too much information on a single page overwhelms end users; proper use of white space is
critical.
Siteiflit_y frnjz[en�ent<ttief3t
Squarei proposes to implement SiteFinity for the NFRMPO content management system. Complete
SiteFinity information is available at www.SiteFinity.com . Listed below are some of the core features
of SiteFinity.
The SiteFinity content management system to provide the following tools:
Generic Content Module This is a self-contained module that offers 100% WYSIWYG
environment in which non -technical users can create
content chunks and reuse them across many pages, as well
as multiple projects. If you are using the same content
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NFRMPO - Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
across many pages and it needs editing, you can make sure
that changes will affect all pages where this item appears.
With the generic content module you create, store and
manage content items most conveniently.
i News Module
The news module provides a comfortable way to
incorporate and categorize news articles and display them
on your website. It is based on the Generic Content
module and leverages all of its functionality, such as
workflow, versioning, shared content, etc.
Blogs Module
The module enables you to create, deploy and manage
your own personal or corporate web blog. Similarly to the
News module, Blogs combines the functionality of the
Generic Content to enable workflow, versioning and RSS
feeds, with no additional code.
Forums Module
Sitefinity features a pluggable forum module. It offers easy
manipulation of multiple forums on your website from a
single management interface. Forum administrators can
swiftly create forums, start new threads, edit and delete
individual messages and assign permissions to different
users through the Sitefinity's admin area. You can use
categories to classify and organize different forums.
Lists Module
The Lists module provides a simple and efficient way of
organizing FAOs, contacts, interviews, testimonials,
instructions, tasks, to-do lists, links, dictionaries, and much
more. It allows you to create logically related list items,
each with a headline and content, and eliminates the need
to format them while writing. All formatting comes from
the CSS files and themes, and content contributors do not
have to worry about bullet styles, separators between the
items, different CSS classes for each item, etc
Polls Module ___tWith
Sitefinity Polls module, you can quickly create and
publish online Polls for your site through an intuitive user
interface. It literally takes a few minutes to create a new..
Poll and publish it on the site.
RSS Integration
With the Sitefinity RSS service you can easily feed your
website content as RSS data. Sitefinity comes with two RSS
providers that allow you to syndicate your Sitefinity blogs
and news, respectively. To syndicate blog or news content,
your CMS users just need to configure visually the RSS
content provider and then drag -and -drop the control from
the Sitefinity 'Toolbox' onto the page. No programming
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T T c NoNo t o Glfl
NFRMPO — Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
knowledge is required.
-- Event Calendar — --
The Siteflnity system allows you to easily add event
calendar functionality to your website.
We will deliver a robust search engine based on the Lucene framework, if necessary SiteFinity can also be
integrated with Google search.
SiteFinity ships with Section 508 compliance.
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NFRMPO— Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
Custom Application D(wel.op meat
The ability to make available and share documents, images, and files with your users is powerful and
very useful. There are many ways to accomplish this task, from Microsoft SharePoint to FTP to a
custom solution. Although it may be pre -mature to select an architecture and methodology for
creating users and sharing documents, we expect and propose to integrate a standard third party
component, ABC Upload, at this time. If, during the requirements gathering phase, we determine
another solution makes more sense we will re-evaluate to help NFRMPO make the best decision.
Static images (gif, jpg, png, etc.) and geographic data (txt, pdf, xls, mdb, xml) must be exposed to end
users for download in the first phase of this project. There must also be a manageable methodology for
administrative NFRMPO staff to maintain the data and make the content available on the website.
There are basically three components Squarei will create to manage this information.
1. Administrative console that allows NFRMPO staff to name, upload, categorize, and establish the
content area of a particular data file.
2. Establish pages within the overall site that will expose the appropriate category of data files.
3. Develop a user sign-up process with a corresponding NFRMPO staff approval process that
provides users with access to the shared data files. (See Figure 1)
Figure 1— Data Access & Sharing Workflow
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I LCIINO I O G IF ti
6. Opportunity to Cure. In the case of a breach or default, the MPO may, in its sole
discretion, allow Professional a period of time in which to cure the defect. In such case, the
notice of termination shall state the time period in which cure is permitted and other appropriate
conditions. If Professional fails to remedy to the MPO's satisfaction the breach or default or any
of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by
Professional of written notice from the MPO setting forth the nature of said breach or default, the
MPO may terminate the Agreement without any further obligation to Professional and seek
damages, may treat the Agreement as continuing and require specific performance, or may avail
itself of any other remedy at law or equity. If the MPO commences legal or equitable actions
against Professional, Professional shall be liable to the MPO for the MPO's reasonable attorney
fees and costs incurred because of the default. Any such termination for default shall not in any
way operate to preclude the MPO from also pursuing all available remedies against Professional
and its sureties for said breach or default.
7. Waiver of Remedies for any Breach If the MPO elects to waive its remedies for
any breach by Professional of any covenant, term or condition of this Agreement, such waiver by
the MPO shall not limit the MPO's remedies 1'o• any succeeding breach of that or of any other
term, covenant, or condition of this Agreement.
8. Responsibility. Professional shall be responsible for the professional quality,
technical accuracy, tinnely completion and the coordination of all services rendered by (lie
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.
9. Indemnification. Professional shall indemnify, hold harmless and defend the
MPO and its representatives, officers, employees, agents, and contractors from and against all
liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or
judgments, including, without limitation, reasonable attorney fees, arising from or in any way
connected with injury to or the death of any person or physical damage to any property resulting
from any act, omission, condition, or other matter related to this Agreement.
10. Insurance. Professional shall maintain commercial general liability insurance in
the amount of $500,000 combined single limits, and errors and omissions insurance in the
amount of $1,000,000.
U. Connpensation. In consideration of the services to be performed pursuant to this
Agrcennent, the MPO agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit S, attached hereto and incorporated herein by this reference. At the
election of the MPO, cacti Work Order may contain a maximum fee, which shall be negotiated
by the parties hereto for each such Work Order. Monthly invoices are required and shall include
a description of services performed, along with number of hours and stated rates per hour.
Supporting documentation shall also be submitted for any reimbursable direct costs. The
amounts of all such billings shall be based upon the Professional's MPO-verified progress in
completing the services to be performed pursuant to the Scope of Services on each Work Order
and upon approval of the Professional's direct reimbursable expenses. Final payment shall be
made following acceptance of the work by the MPO.
2
NFRMPO — Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
To secure the data files we will ensure any page that displays secure, shared data files requires user
authentication persisted via session state (or if necessary with expiration enabled unique identifying tokens).
The public portion of the website is the opportunity to help inform. It will be designed to be visually
compelling, easy to navigate and contain valuable information. The primary content areas that will be
available to the general public are:
• Sign-up for Email announcements will be woven into the primary navigation. This will provide
end users with a call to action "Sign Up for Email Announcements Now!" throughout the site.
For an example of this see the bottom portion of the following web page:
http://www.squarei.com/Solution_WebDev.aspx
• About NFRMPO: Mission statement, History, etc.
• News: Press Releases, Executive Directors Report, Email announcement signup, etc.
• Meeting Information: NFRMPO, Transportation Advisory Committee, Transit Advisory Group.
• Calendar: Special Events, etc.
• Employment Opportunities
• Contact NFRMPO: Contact information for NFRMPO and email submission form to be sent to
NFRMPO staff.
• Misc. Site info: Terms of Use, Privacy Policy, etc.
Links to partnering agencies and reciprocal links from their website back to NFRMPO will make the
NFRMPO content more relevant to search engines and more relevant to users. It is important to take
advantage of a linking strategy. We will design this section to allow for multiple styles of partner logos,
organization names, and brief description of the partnership.
We propose to develop the application using web and Windows technologies. The primary
development toolset will include.
• Host: Windows 2003 — IIS 6+
• HTML: will support latest versions of Internet Explorer and FireFox
• Development Tools: Microsoft .NET 2.0+ platform,
—) Vage 8 of 1n
r tru not o�:i, s
NFRMPO—Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
• Language: Microsoft .Net C# (c-sharp)
• Database: Microsoft SQL Server 2005+
• Content management: SiteFinity
Qtaahty Assurance a ndl Testing
During the development process, Squarei will post the application to a test domain, database server,
and application server. Your staff will have the opportunity to test, examine, and evaluate the
application. Following approval, Squarei will deploy the application to the production environment.
The website will be tested with Windows 98/2000/XP and the latest two versions of Internet Explorer
and Firefox. The layout will be optimal in browser versions 5.0 and above but may not be fully
functional or identical in older version browsers. This will cover approximately 98% of the current
browser usage.
Hostingi Settip is Configuration
Hosting will be the responsibility of NFRMPO. Square! will initially setup and configure the web application on a
standard Windows Server 2003 with IIS 6.
is ociuction Release: -- Delivery of filial deployed! welisi,e
Squarei will deliver and setup a fully functional web application. The application will be deployed on NFRMPO
servers.
Witial ` i-ainitig to Support.: - 24- H0111:s
Squarei will provide onsite training to NFRMPO staff. Training will include how to update content on the site
using the tools provided by SiteFinity.
Project Man.igenient
Squarei Technologies believes that strong and effective project management is the key to successful projects.
We've invested a lot into our project management staff, tools and process to ensure that the deliverables are
successfully delivered on time and on budget. We have successfully managed projects across the country from
Colorado to Boston. All of our projects leverage the following project management tools and processes:
The NFRMPO will have a dedicated project manager who will serve as the single point of contact.
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NFRMPO - Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
All projects are managed using a variety of Microsoft tools. Monthly status reports are sent to the
entire team that clearly describe recent deliverables, upcoming activities as well as the status of both
the timeline and budget.
Even though in -person meetings are important, for quick discussions and brainstorming sessions, we
sometimes rely upon our online conferencing tool for quick project discussions. The tool (GoToMeeting
or GoToMyPC) allows for remote meetings, file sharing, video, notes and online collaboration.
(,jtePSt. f)eji\7( Cmf)fes
NFRMPO will provide Squarei with the following:
1. Content
a. Complete written content as desired for all pages described above. Text to be
delivered in Word format. All text should be thoroughly edited by NFRMPO for
spelling, typographical, and grammatical errors. All content to be provided in
electronic format.
2. Discovery
a. To complete the project on time and within budget Squarei will work with NFRMPO
staff to fully understand the final requirement details. NFRMPO staff will need to be
available to devote significant time towards this effort.
3. Testing
a. Upon completion of the initial design cycle, Squarei will post NFRMPO website to a
test domain. NFRMPO personnel will have the opportunity to test, examine, and
proofread the site. Following approval by NFRMPO, Squarei will post the site to the
domain provided by NFRMPO for public access.
4. Sign offs— NFRMPO will sign off on the following elements as they are completed.
a. Design — basic layout for each of the pages, navigation, and graphic images to be
used throughout the site.
b. Static content —final proofreading of all static content.
c. Dynamic content —setup and configuration of options and lists.
d. Functionality — final testing of the NFRMPO application.
e. Final review of complete deployed public application,
sPvoposec?'f hne Uno / rvfflestone,'
The timeline is based on the currently defined scope. If there are significant revisions to the scope of
the project the timeline will be adjusted.
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NFRMPO - Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
Work Description Milestone Completed Time (Est.
Weeks)
Initial Design and Content Dvii-ition Design to Functional Specifications 1,0
Completo
Graphic resign and Mork Ups Graphic design mock rip complete 4.0
Code Devei0pnlent Initial Code Development 6 O
I ESI In$
rude Complete 2.C!
ProducIion Release Production Release LO
Totals 17,0 .Weeks
i
1 rfliN OIOGI(S
Page 11 of lA
Cost,
Outlined below is the cost for all items.
Development
Kickoff Activities and Meeting:
Assessment of current Site / Infiastructure, User Survey
Creative Graphic Design
SitePinity Implementation
Custard Application Development
Quality Assurance anti Testing
Hosting Setup & configuration
Production Release — Delivery of final deployed website
Initial Training & Support—'24 Hours
Project Management
70TAL
NFRMPO — Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
._. _._....(outs
$7,EJC
$3.`.i70
:;4,GOC
$4,200
$"(m
."10
$2,1..i70
$2,000
;30,000
Developmentt _.. ...... costs..
SiteFinity Software $ t'000
TOTAL
Type of Service ...,,,,Design Task Kato"
bYcb Desr_7n and Content Addrtronol web 1)(190 layout upaating P r). c0uh' t
:supporting vvcb g aphics, nit r/ace desmn and bared i 5:l JSJhr
Maintenance
r, c(s.
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All rights to design work a transferred upon payment in full.
Page :2 at 14
i r C 11 N 0 1 0 G I I S
Draft -
NFRMPO—Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
t)cieTstlt.rxr S. - NFi4j'4110 Website Updssie Kickoff PACe.t ri;;
Date & Time TBD
Welcome & Introductions (5 Min)
Meeting Purpose (5 Min)
• Purpose: To share current information relevant to the NFRMPO Website Update development
and to highlight schedule, actions, products and expectations for project.
Project Overview (20 Min)
• Scope
• Possible Phases
Project Plan (20 Min)
• Project Deliverables
• Preliminary Project Schedule
Team Roles & Responsibilities (10 Min)
• Project Manager
• Project Team Members
• MPO Representative
Project Scope Change Control (10 Min)
Other Business (10 Min)
Wrap-up (5 Min)
Page.13 o(1A
I r C It NO I.0 6 I1-S
NFRMPO —Scope of Work
WEBSITE UPDATE/SUPPORT-NFRMPO
Addendum 2 - Certificate of Insuraance
acoap.. CERTIFICATE OF LIABILITY INSURANCE SQ
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Page 14 of 14
12. Records and Reports. The MPO and Professional shall maintain all books,
records, and other documentation pertaining to the Scope of Services and necessary to
completely substantiate all costs incurred and billed to the MPO during the term of this
Agreement for a period of three (3) years from the date of final payment under the terms of this
Agreement. These records shall be made available for inspection and audit to any state or
federal authority authorized to inspect such records and copies thereof shall be furnished at the
expense of Professional, if so requested.
13. Ownership of Work Product. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by Professional shall become the sole
property of the MPO, which shall have the royalty -free, nonexclusive and irrevocable right to
reproduce, publish, or otherwise use and authorize others to use all such materials for authorized
government purposes. Other entities that may reproduce, publish, or otherwise use the designs,
plans, reports, specifications, drawings, and other services rendered by Professional include but
are not limited to the Colorado Department of Transportation ("CDOT"), the Federal
Transportation Administration ("FTA"), and the Federal Highway Administration ("FHWA").
14. MVO Representative. The MPO shall 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 MPO Representative.
15. Project Documents. Upon conclusion of the project and before final payment, the
Professional shall provide the MPO with reproducible documents of the project containing
accurate information on the project as designed. Documents shall be of archival quality, and also
available in an electronic format, in an agreed upon format.
16. Monthly Report. Commencing at the end of the calendar month following the
date of execution of this Agreement and every calendar month end thereafter, Professional shall
provide the MPO with a written report of the status of the work. Failure to provide any required
monthly report may, at the option of the MPO, suspend the processing of any partial payment
request.
17. Independent Contractor. 'The services to be performed by Professional are those
of an independent contractor and not of an employee of the MPO. The MPO 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.
M Personal Services. It is understood that the MPO enters into this Agreement
based on the special abilities of Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, Professional shall neither assign any
responsibilities nor delegate any duties, nor create any subcontracts arising under this Agreement
without the prior written consent of the MPO.
19. Conflict of Interests and Prohibited Interests. The MPO and Professional
represent that neither has any interests and shall not acquire any interests, directly or indirectly,
that would conflict in any manner or degree with the performance and services required to be
3
performed under this Agreement. The MPO and Professional further represent that no member
or delegate to the Congress of the United States shall be admitted to any share or part of' this
Agreement or to any benefit arising therefrom, In addition no employee, officer, or agent of the
MPO shall participate in selection or in the award or administration of this Agreement if a
conflict of interest. real or apparent, would be involved. Such conflict would arise when the
employee, officer or agent; any member of his immediate family; his or her partner; or an
organization which employs, or is about to employ any of the foregoing, has a financial or other
interest in the firm selected for award. The MPO's officers, employees, or agents shall neither
solicit nor accept gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties of subagreements.
20. No Waiver, The MPO'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 MPO'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 MPO under this Agreement.
21. No Government Obligation to "Third Parties. The MPO and Professional
acknowledge and agree that, notwithstanding any concurrence by the federal government in or
approval of the solicitation or award of the underlying contract, absent the express written
consent by the federal government, the federal government is not a party to this Agreement and
shall not be subject to any obligations or liabilities to the MPO, Professional, or any other party
(whether or not a party to this Agreement) pertaining to any matter resulting from this
Agreement.
22. Notices. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Professional: MIM With Copy to:
Squarei Technologies THE NFRT & AQPC City of Fort Collins
Attn: _1Jndsey'1'aklor_ Attn: Suzette Mallete Purchasing
Address,1025 Automation way 419 Canyon Ave, Suite 300 PO Box 580
City, ST Zip: t_oin c5,ueti,.co so525 Fort Collins, CO 80521 Ft Collins, CO 80522
23. Incorporation of FTA Terms. This Agreement includes certain Standard Terms
and Conditions required by the federal Department of Transportation ("DOT") and other federal
and state authorities, whether or not expressly set forth in this Agreement. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, arc
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. Professional shall not perform any act, fail to perform any act, or
refuse to comply with any the MPO requests which would cause the MPO to be in violation of
the FTA terms and conditions.
4
24. Grant Assurances and Federal Requirements. This Agreement involves the
expenditure of federal funds, which requires the MPO and Professional at all times during the
execution of this Agreement to adhere to and comply with all applicable federal laws and
regulations, as they currently exist and may hereafter be amended, which are incorporated
herein by this reference as terms and conditions of this Agreement. A non -exhaustive list of
federal laws and regulations that may be applicable is included below. By signing this
Agreement, Professional avers that it is his or her responsibility to be aware of the requirements
that may be imposed by the following federal laws and regulations, and others not listed, that he
or she is aware of any such requirements, and that he or she will comply with all applicable laws
and regulations.
a. Laws and regulations prohibiting false claims and statements from being
made to the federal government, 31 U.S.C.A § 3801, et seq., 49 C.F.R. Part 31, and 18
U.S.C.A. § 1001;
b. Federal privacy law, 5 U.S.C.A. § 552;
C. Nondiscrimination and equal employment opportunity laws in accordance
with Title VI of the Civil Rights Act, 42 U.S.C.A. § 2000d; § 303 of the Age
Discrimination Act of 1975, 42 U.S.C.A. § 6102; § 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C.A. § 12132 ("ADA"); and Federal transit law, 49
U.S.C.A. § 5332;
d. Mandatory standards and policies relating to energy efficiency that are
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act, 42 U.S.C.A. § 6201.
25. Binding Effect. This Agreement, 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.
26. Governing Law. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement.
27. Severability. 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.
28. Special Provisions. Special provisions or conditions relating to federal patent law
and rights in data that are applicable to this Agreement are set forth in Exhibit C, attached hereto
and incorporated herein by this reference and Exhibit D, attached hereto and incorporated herein
by this reference.
TI IE NORTH FRONT' RANGE "TRANSPOR`TA"PION
AND AIR QUALITY PLANNING COUNCIL (MPO)
CtiII Davidson, Executive Director
PROFESSIONAL: C�
By:
STATE OF COLORADO )
) ss.
COUNTY OF I-a.y i "e r )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
_ day of �a-�tiu , 2003, by Ijvid k ,,� ���� as C':PS :_... -- °l -S `u.<.8.. 7- -]
My commission expires:
(S E A L)
Notary Public
F
�0 (P� H.
'U¢'NOTAAy,G�
PUBLIG.®
f,V ),
U
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee (time and reimbursable direct costs) not to exceed:
Project Description:
Scope of Services:
Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the
terms of the Professional Services Agreement
and this work order (including the attached
forms) the Professional Services Agreement
shall control.
Professional
Date:
User
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
THE NORTH FRONT RANGE
TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL
EXHIBIT B
[INSERT COMPENSATION RATES HERE]
s:1shired/tkp/ -ebsiteupdute.doc
EXHIBIT C - Federal Patent and Rights in Data
37 C.F.R. Part 401,49 C.F.R. Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, § 5, but
the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by Federal law
and regulation. For data rights.. the text on copyrights is insufficient to meet FTA's purposes for
awarding research grants. This model clause, with larger rights ,as a standard, is proposed with the
understanding that this standard could be modified to FTA's needs.
CONn'RACI SINVOLVING FxPli( MIFN"I AL, DFVELOP1,114N AL. OR RESEARCH WORK.
A. Rights in Data.
(1) The term "subject data" means recorded information, whether or not copyrighted, that is
delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial
delineation in media such as drawings or photographs; text in specifications or related performance
or design -type documents; machine forms such as punched cards, magnetic tape, or computer
memory printouts; and information retained in computer memory, Examples include, but are not
limited to: computer software, engineering drawings and associated lists, specifications, standards,
process sheets, manuals, technical reports, catalog item identifications, and related information. The
term "subject data" does not include financial reports, cost analyses, and similar infbrmation
incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the perfornance of the
contract to which this Attachment has been added:
(a) Except for its own internal use, Professional may not publish or reproduce subject data in
whole or in part, or in any manner or form, nor may Professional authorize others to do so, without
the written consent of the Federal Government, until such time as the Federal Government may have
either released or approved the release of such data to the public; this restriction on publication,
however, does not apply to any contract with an academic institution.
(b) In accordance with 49 C.P.R. 18.34 and 49 C.F.R. 19.36, the Federal Government reserves a
royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to
authorize others to use, for "Federal Government purposes," any subject data or copyright described
in subsections (2)(b)l and (2)(b)2 below. As used in the previous sentence, "for Federal Government
purposes," means use only for the direct purposes of the Federal Government. Without the copyright
owner's consent, the Federal Government may not extend its Federal license to any other party.
1. Any subject data developed under this Agreement, whether or not a copyright has been
obtained; and
2. Any rights of copyright purchased by Professional using Federal assistance in whole or in
part provided by FTA
,i
s:/shared Fp/website updatc.doc