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HomeMy WebLinkAboutRFP - 7145 CONSULTING ENGINEERING AND PLANNING SERVICES FOR WATER SUPPLY AND DEMAND MANAGEMENT POLICY UPDATE• E City of Fort Collins �PuM1asing Request for Proposals Fort Collins Utilities Consulting Engineering and Planning Services Water Supply and Demand Management Policy Update RFP #7145 PROPOSAL DUE DATE: 3:00 p.m. (our clock) July 12, 2010 0 Ll 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. 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 , 201 , and shall continue in full force and effect until , 201 , 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. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) 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. 10 0 • All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: City of Fort Collins City of Fort Collins, Purchasing Attn: PO Box 580 PO Box 580 Fort Collins, CO 80522 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 attorneys 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 commercial general liability insurance in the amount of $500,000 combined single limits. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). 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 11 0 0 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 according to the following schedule: Hourly billing rates: Reimbursable direct costs: 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, 12 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. Personal Services. It is understood that the City enters into this 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 this Agreement without the prior written consent of the City. 12. 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. 13. 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. 13 • • 14. 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. 15. 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. 16. 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 14 0 • 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 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 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. 15 • • 18. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. 16 THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: Corporate Secretary 17 (Corporate Seal) EXHIBIT " " CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 18 0 • F6rt of Financial Services Purchasing Division 215 N. Mason St. 2Id Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing REQUEST FOR PROPOSAL 7145 Consulting Engineering and Planning Services for Water Supply and Demand Management Policy Update The City of Fort Collins is soliciting proposals from qualified consultants for the review and update of an existing policy related to the City's water supply and water demand. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), July 12, 2010. Proposal No. 7145. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be -directed to Project Manager Donnie Dustin, P.E., (970) 416-2053 or ddustin(cDfcgov.com. Questions regarding bid submittal or process should be directed to Opal Dick, CPPO, Senior Buyer, (970)221-6778 or odick fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcqov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked `Proprietary' in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 3 0 • Request for Proposals for 7145 Consulting Engineering and Planning Services for Water Supply and Demand Management Policy Update Purpose A. Water Supply and Demand Management Policy Update The City of Fort Collins is soliciting proposals from qualified consultants for the review and update of an existing policy related to the City's water supply and water demand. This policy titled, Water Supply and Demand Management Policy, was adopted by City Council in 2003. Tasks related to the update of this policy include, but are not limited to, (1) updating information related to historic and current water use and available supply sources, (2) reviewing existing policy provisions, (3) obtaining input from appropriate City advisory boards, special interest groups and the public, (4) developing and presenting alternative policy provisions, (5) preparing appropriate reports and documents reflecting proposed and adopted policy elements, and (6) assisting staff in presenting results and proposals to the Water Board, City Council and other groups as needed. B. Future Related Tasks Future engineering and planning contracts related to water resources, water use and related activities may be awarded. Future projects will generally be managed by the City of Fort Collins Utilities and may involve a cooperative effort between other City Departments. The contract generated from this Request for Proposal may be renewed annually for up to five years. The intent of the City of Fort Collins Utilities is to award a contract to a consultant that is qualified to perform future Engineering and Planning Services as described below. The selected consultant may be retained by the City of Fort Collins Utilities annually to conduct studies, do research, prepare reports and perform other tasks as needed. Future tasks may be related to water use analyses, water conservation measures, water supply yields, effects of drought and climate change, vulnerability analysis, raw water facility planning, sustainable practices, and other generally related tasks. Work will be on an as needed basis with the scope of work to be defined and a contract negotiated prior to the time the work is commenced. C. Sustainability The selected consultant will be familiar with sustainable practices for water utilities and have the capability and experience to evaluate those practices with respect to this project. In particular, the consultant will incorporate consideration of the "Triple Bottom Line (TBL)" into the review, analysis and reporting of tasks that are being accomplished. TBL is a concept intended to take into consideration the social, economic, and environmental aspects of any Utilities' policy, project, procedure, or purchase. 4 ll. Scope of Services A. General Description of Tasks for the Water Supply and Demand Management Policy Update The current policy was adopted by City Council Resolution 2003-104 on September 16, 2003 (http://www.fcgov.com/water/pdf/wsdm-poIicy.pdf). The "Water Supply and Demand Management Policy Report" (http://www.fcgov.com/water/pdf/wsdmp- report04.pdf) was completed in May 2004 documenting pertinent information and much of the discussion that went into developing the final policy elements. The key tasks associated with the policy update should include the following general tasks: 1. Collect historic and current water use and supply data to help illustrate current water demand and supply relationships. 2. Review existing policy provisions for clarity, relevance and potential revision. 3. Review the City's recent Water Conservation Plan for consideration in the policy update. 4. Obtain objective input regarding key policy provisions from a broad spectrum of the City including other City departments, advisory boards, special interest groups and the general public. 5. Develop and present alternative policy provisions for review and consideration. 6. Prepare appropriate reports and documents reflecting proposed and adopted policy elements. 7. Assist staff in presenting results and proposals to the Water Board, City Council and other groups as needed. The proposal should also address what approach the consultant would use to answer key questions that are related to the policy. Some of these are: 1. What is an appropriate level of residential, commercial and industrial water use for beneficial purposes? 2. What are the City's future water demand projections? 3. How should the City use its surplus supplies in the future (agricultural rentals, instream flows, others)? 4. How should future climate change considerations be addressed in the policy with respect to system vulnerability, supply reductions, increased demands, etc.? 5. What are the effects of additional conservation on City aesthetics, rates/revenues, water supply shortage response, etc.? 6. How does Fort Collins compare with other Utilities with respect to water use, drought criteria, storage capacity, etc.? 7. Considering factors above, how much storage capacity is needed? B. Policy Update Schedule The update is expected to be completed in approximately one year from the selection of the consultant. • /it. Instructions to Consultants A. Submittal Requirements Qualified consultants interested in performing the work described in this request for proposals should submit the following information to the City. Qualifications of your firm and staff proposed to perform the work on this project. This should include resumes of staff and any recommendation or commendation letters received for past projects. 2. A list of similar projects completed in the last five years. 3. Provide a scope of work and cost estimate for the Water Supply and Demand Management Policy Update. Include a cost break down of hourly rates and number of hours assigned for each task of work for all personnel and sub consultants. Final scope of work and cost to be negotiated after the selection is completed. 4. References from at least three other projects with similar requirements that have been completed within the past five years and that have . involved the staff proposed to work on this project. 5. Detail any experience your proposed team has with the City of Fort Collins' on any engineering or planning studies. 6. Limit the total length of your proposal to a maximum of 40 pages (excluding covers and dividers). The Director of Purchasing and Risk Management may reject proposals received that are longer than 40 pages in length. 7. Submit a total of five 5 copies of your proposal. 8. Proposals must be received no later than 3:00 pm (our clock), July 12, 2010 to: City of Fort Collins — Purchasing and Risk Management Division 215 North Mason Street P.O. Box 580 Fort Collins, CO 80522 rel • 0 B. Contacts Questions related to procedures should be directed to: Opal Dick, CPPO — Senior Buyer City of Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, CO 80522 (970) 221-6778 You are encouraged to contact the project manager with any questions related to the scope of work or project in general. MAIN CONTACT: Donnie Dustin — Project Manager City of Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, CO 80522 970-416-2053 IV. Selection Criteria and Method The City of Fort Collins' Capital Project Management Control System Manual prescribes the consultant selection criteria and method. This document is available for review online at http://citynet.fcgov.com/pdf-gatewayphl)/purchasing/files/cppm. V. Award At the option of the City, a second firm may be chosen to provide described services. Vt. Terms and Conditions The payment for services, as described under the Scope of Services, shall be based upon hourly rates as outlined in the submitted cost schedule/estimate. The submitted cost estimate shall establish a "not to exceed" amount for the contract. Any changes in scope to the original contract will be treated as a negotiated change order to the contract. 7 E 0 Vll. Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. 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. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Does the proposal show an understanding of the Proposal project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Do the persons who will be working on the project Personnel have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 0 0 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 a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively?