HomeMy WebLinkAbout113170 MWH AMERICAS INC - CONTRACT - RFP - 7124 CLIMATE ADAPTATION PLANNING CONSULTANTPROFESSIONAL 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 MWH Americas, Inc., 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 four (4) pages, and
incorporated herein by this reference.
2. The Work Schedule. 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 one (1) page, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence May 4, 2011, and shall
continue in full force and effect until May 3, 2012, 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 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.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
o A preliminary, indicative climate adaptation risk analysis for UTILITY that
includes: identification of the principal categories of risk, characterization of those
risks, and management strategies for each category of risk.
o Identification of key data weakness and/or areas of greatest uncertainty
regarding future climate impacts. It will be important for future UTILTIY efforts to
focus on the availability of data that adds greater certainty in these key areas.
o A simple, layperson's summary of the dominant and widely agreed aspects of the
Colorado Front Range climate which are likely to impact the future quality of life
in the Fort Collins service area. This may be used for internal or external
education and outreach.
Summary presentation to UTILITY senior leadership on data findings and analysis, the
risk analysis, data gaps, and future needs.
Task 3 — Decision Framework Development
The purpose of this task is to review options for climate adaptation decision analysis tools, and
define an appropriate structure and approach for evaluating and prioritizing initiatives and
capital projects to promote adaptation planning at the UTILITY. Key outcomes of this task are
expected to be selection of decision analysis tool(s) for use in adaptation planning, and an initial
set of criteria for prioritizing adaptation planning projects at the UTILITY.
Key CONSULTANT steps to assist with the delivery of this task are expected to include:
• Identify potential candidate decision analysis tools for consideration in climate adaptation
planning
• Hold up to two (2) 2-hour workshops with UTILITY staff to review up to four (4) candidate
decision analysis tools for potential use in climate adaptation planning
• Based on the workshop outcomes and discussions with UTILITY staff, prepare a brief
summary chart of pros and cons and potential applications of the candidate decision
analysis tools reviewed, and recommend preferred tool(s) for use by UTILITY staff
• Hold one (1) workshop with UTILITY staff to develop appropriate initial prioritization
criteria for use in prioritizing adaptation planning initiatives and capital projects.
Consideration will be given to available existing CITY or UTILITY prioritization criteria,
and criteria known to be used by other similar organizations for capital planning
purposes.
• Document the proposed initial adaptation planning prioritization criteria and relative
weightings for input into the selected decision analysis tool(s)
• Discuss and document potential next steps in implementing the proposed decision
framework and prioritization criteria, such as:
o Educating staff on proposed approaches and tools
o Development of candidate project templates and project "scoring" templates for
use by UTILITY staff
o Testing the proposed tool(s) and criteria with sample projects
o Integrating into appropriate master planning and capital project prioritization
efforts (see Task 4)
Task 3 Deliverables
Up to two (2) workshops to review candidate decision analysis tools
Summary evaluation matrix of decision analysis tools reviewed
• One (1) workshop to define initial adaptation planning prioritization criteria and relative
weightings
• Summary of initial adaptation planning prioritization criteria and relative weightings
• Recommended next steps for implementing the proposed decision framework
Task 4 — Adaptation Integration Planning
The purpose of this task is to establish the appropriate ongoing mechanisms and processes for
incorporating climate adaptation planning into the annual, monthly, and daily activities of
UTILITY staff.
Key CONSULTANT steps to assist with the delivery of this task are expected to include:
• Compile and review UTILITY documents and plans describing existing planning cycles,
master planning efforts, asset management activities, and capital planning business
processes
• Work with UTILITY staff to develop a matrix of potential "touch points" of climate
adaptation planning to these existing and ongoing UTILITY planning efforts and
processes
• Hold up to two (2) 3-hour Integration Planning Workshops with a cross-section of
UTILITY staff (representing each of the major operations areas) to discuss options and
recommendations for integrating adaptation planning into routine business of the
UTILITY. These workshops will identify and discuss potential business enhancements
needed to effectively support and implement climate adaptation planning related to
strategy, people, process, data, tools, and performance management.
• Summarize and present key findings and recommendations of the Integration Planning
Workshops to UTILITY senior leadership
Task 4 Deliverables
• Up to two (2) Integration Planning Workshops
• Summary of findings and recommendations presentation to UTILITY senior leadership
EXHIBIT "B"
WORK SCHEDULE
Proposed Schedule Milestones
The following proposed schedule milestones are expected for the Climate Adaptation Planning
Project. These dates assume a project Notice to Proceed date of May 4, 2011.
Task 1 Proiect Management -
Delivery Date
• Baseline Schedule and Project Execution Plan
May 13, 2011
• Initial Project Workshop Schedule
May 20, 2011
• Project Closeout Meeting / Next Steps Planning
December 1, 2011
Task 2 Data Analysis and Planning
• Initial Document Reference Library
June 29, 2011
• Draft Technical Memorandum
July 29, 2011
• Final Technical Memorandum
August 29, 2011
Task 3 Decision Framework Development
• Decision Tool Review Workshops September 8, 2011
• Development of Recommended Next Steps October 7, 2011
Task 4 Adaptation Integration Planning
• Integration Planning Workshops October 20, 2011
• Findings and Recommendations Presentation November 17, 2011
EXHIBIT "C"
COMPENSATION
City of Fort Collins : Climate Change Adaptation Program Detailed Pricing
Uicis'ion
Adapmnun
Project
Project
Data Analysts and Risk Plannm
Framework
Integration
Development
Pl 1runi tg
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ItrI11CCI RC[OnCCCS
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C
to be charged to Contract
V
C C
n . j
-
n
S/In
Project Staff (MWH)
Simon Heart
S 2 77.00
24
8 8
22
24
Robin McGuckin
S 230.00
30 24
12
i2
Jamie Loucks
S 165.00
48 48
48
40
Luis Matheus
S 144.00
48 48
Paul Ruffo
S 180.00
8
Edwin Paulson, Jr.
S 195.00
12 12
8
8
John Gullfoyle
S 297.00
20
8
Chris Puccio
Support Staff
S 297.00
4
4
Cindv Koenig- Pro{ Admin
S 128.00
16
\larilvnn Robinson - Sr. Project Man er
S 280.00
2
leremv Meattev - Project Controls
S 154.00
4
Cherie Trujillo -Prof Accountant
S 128.00
4
Gra hits Su oa
Subconsultant Staff
S it .00
4
4
4
Dr. David Yates, National Ccnter for Atmospheric Research 1S
200.001
5 3
3
Riverside Consultin.? I
S 150.001
7 3
3
General & Administrative Cost on Suhconsultants 1
10"/0
Disbursements
Travel / Meals
S too!
S 300 S 350
S 350
5 326
Other Direct Costs / Teehoolog Fces
Associated Project Costs + G&A
S 529 1
S 1,545
S 1,468
S 1,174
S 1,058
Estimated Total Hours and Fee Total
54
158
150
120
108
EXHIBIT "D"
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.
EXHIBIT "E"
SPECIAL PROVISIONS
WAIVER OF CONSEQUENTIAL DAMAGES
Neither the CITY nor PROFESSIONAL shall be responsible for incidental or consequential
damages whatsoever (including but not limited to lost profits or interruption of business) arising
out of or related to the services provided under this Agreement, even if advised of the
possibility of such damages.
PROFESSIONAL LIABILITY
The parties agree, to the fullest extent permitted by law, to limit the aggregate liability of
Professional, its employees, agents, and subcontractors, to the greater of $1,000,000 or the
compensation for services, for losses, injury or death, damage or expense, with respect to all
claims (third part and claims of CITY) relating to services rendered or obligations imposed
pursuant to this Agreement, including all Work Orders.
FORCE MAJEURE
Neither party shall be responsible for a delay in its performance under this Agreement, other
than a delay in payment of fees, if such delay is caused by events beyond such party's
reasonable control, including extraordinary weather conditions or other natural catastrophes,
war, riots, strikes, lockouts or other industrial disturbances, or other similar events beyond the
reasonable control of the claiming party.
PAYMENT
CITY shall pay PROFESSIONAL all fees in U.S. Dollars within 30 calendar days from receipt of
PROFESSIONAL'S invoice unless otherwise stated in the Work Order.
Professional:
City:
With Copy to:
MWH Americas, Inc.
City of Fort Collins
City of Fort Collins, Purchasing
Attn: Roger Austin
Attn: Katy Bigner
PO Box 580
370 Interlocken Blvd., Ste 300
PO Box 580
Fort Collins, CO 80522
Broomfield, CO 80021
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, Proiect 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 and errors and omissions insurance in the amount of $1,000,000.
6. Compensation. 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 cost schedule attached hereto as Exhibit C, consisting of one (1) page,
and incorporated herein by this reference. The maximum compensation (for both Professional's
time and reimbursable direct costs) is not to exceed One Hundred and Twenty -Five Thousand
Dollars ($125,000.00). 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 City Representative.
8. Project Drawings. 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. 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.
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. Bindino 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
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.
G. 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.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" and Exhibit "E", each
consisting of one (1) page, attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By.
a es B. O'Neill Il, CPPO, FNIGP
Director f Purchasing & Risk Management
DATE:
APPROVED OFORM:
Assistant C4y Attorney
MWH A
By:'
&) te- 7 v.� , n
Titl
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Seal)
EXHIBIT "A"
SCOPE OF SERVICES
City of Fort Collins Utilities
Climate Adaptation Planning Project
Phase 1 Scoping — 2011 Efforts
Task 1 — Project Management
The purpose of this task is to provide project management services in accordance with industry
standards in order to promote coordinated, comprehensive, and cost-effective planning,
management, and delivery of this project.
Key CONSULTANT steps to assist with the delivery of this task are expected to include:
• Project Execution Plan development, including baseline schedule development and
outlining key roles, responsibilities, communication channels, milestones, and
deliverables necessary to meet the contract scope of services.
• Ongoing Project Monitoring, Cost Controls, and Coordination to promote high quality
deliverables, submitted on schedule, and in accordance with the project budget.
• Project Communications and Administration including a monthly status call to discuss
progress, meeting scheduling and key project issues, weekly coordination calls among
key project staff, and ongoing subconsultant management, as appropriate
• Quality Management including workshop feedback evaluations and internal quality
reviews of deliverables
• Monthly Invoicing in accordance with UTILITY preferences
• File Management and Recordkeeping in accordance with standard project management
practices
Key Project Assumptions
• UTLITY will provide all available data, reports and analysis that staff have prepared or
collected related to Front Range climate change within four weeks of project notice to
proceed
• UTILITY will provide adequate representation by all appropriate departments at key
project meetings, presentations, and workshops
Task 1 Deliverables
• Baseline project schedule and monthly schedule revisions as appropriate
• Project execution plan
• Schedule of project workshops
• Monthly status coordination calls
• Workshop meeting notes and evaluation summaries
• Monthly invoices
Task 2 — Data Analysis and Risk Planning
The purpose of this task is to review readily available information related to climate change
impacts in the Colorado Front Range, and document known and/or potential climate adaptation
risks for the UTILITY. Key data gaps for potential future research will also be identified and
documented.
Key CONSULTANT steps to assist with the delivery of this task are expected to include:
• Request from UTILITY all available data, reports and analyses that UTILITY has
performed or compiled related to potential Front Range climate changes
• Conduct a literature review to identify and compile pertinent available information in the
public domain regarding relevant climate changes in the Front Range
• Prepare a summary listing of compiled documentation for review and comment by
UTILITY staff as well as select regional climate change experts
• Work with UTILITY staff to establish an appropriate consolidated data location for the
purposes of this project. CONSULTANT may host the data for some time until/unless a
UTILTY central data location is provided.
• Perform a gap analysis and preliminary risk review of the compiled documentation to
identify key data gaps and anticipated areas of high, medium and low risk for UTILITY.
This effort is expected to include:
a. Risk Identification, to determine primary risk areas for UTILITY
b. Preliminary Risk Characterization, including failure criteria and thresholds. At
this phase in the research this analysis will be preliminary. As such, the results
will be indicative of the types of failure threshold and criteria UTILITY can
anticipate for each category of risk. It is anticipated that deeper research will be
needed in future phases of work in order to fully characterize the risk criteria and
failure thresholds.
c. Preliminary Risk Management Options Review. Similar to the above step, this
analysis will be preliminary and deeper research will be needed in future phases
of work to fully develop risk management strategies.
• Hold up to five (5) individual/small one -hour meetings with UTILITY leadership staff to
discuss initial findings, data gaps, and UTILITY staff opinions on key risks and issues
moving forward
• Host a half -day workshop with key UTILITY leadership and staff as well as select
regional climate change experts to discuss initial findings of the data analysis and
preliminary risk review.
• Document key findings and recommendations of this Task 2 effort in a Draft Technical
Memorandum for review by UTILITY
• Present key findings and recommendations of this Task 2 effort in a one -hour meeting
with UTILITY leadership and key staff
• Finalize the Task 2 Technical Memorandum
Task 2 Deliverables
A consolidated electronic 'reference library' of the recent documentation that has been
completed regarding the impacts of climate change in the Colorado Front Range.
o It is anticipated that this will be placed on a UTILITY public server or intranet
location where it can be easily accessed and updated in the future
Draft and Final Technical Memorandum describing key findings of the data analysis and
risk review. This is expected to include: