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HomeMy WebLinkAboutRFP - Q001CITY OF FORT COLLINS ADDENDUM No. 1 REQUEST FOR QUALIFICATION Q001 Halligan-Seaman Water Management Project SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Request for Qualification: Q001 Halligan-Seaman Water Management Project OPENING DATE: 3:00 P.M. (our clock) March 29, 2005 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. LOCATION CHANGE MANDATORY PRESUBMITTAL MEETING: When: 1:30 P.M. March 15, 2005 Where: 1000 10th Street-City Hall Board Room Greeley CO RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR QUALIFICATIONS RFQ001 Halligan-Seaman Water Management Project The Cities of Greeley and Fort Collins (the Cities) are soliciting statements of qualifications (SOQs) from qualified consultants interested in preparing an Environmental Impact Statement (EIS) for the Halligan-Seaman Water Management Project (Halligan-Seaman Project). Sealed SOQs must be received at the City of Fort Collins Purchasing Division, P.O. Box 580, 215 North Mason St., 2nd Floor, Fort Collins, Colorado 80522 on or before 3:00 p.m. (our clock), March 29, 2005. If delivered, SOQs shall be addressed to 215 North Mason St., 2nd Floor, Fort Collins, CO. 80524. If mailed, SOQs shall be addressed to P.O. Box 580, Fort Collins, CO 80522-0580. A mandatory pre-submittal meeting will be held on March 15, 2005 at the City of Greeley Water Department Offices, 1100 10th Street, 3rd Floor, at 1:30 p.m. A copy of the RFQ may be obtained as follows: 1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instructions to request document #30001. 2. Download the Proposal/Bid from the BuySpeed Webpage https://secure2.fcgov.com/bso/login.jsp 3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Request. Collusive or sham SOQs: Any SOQ deemed to be collusive or a sham SOQ will be rejected and reported to authorities as such. Your authorized signature of this SOQ assures that such SOQ is genuine and is not a collusive or sham SOQ. Firms will be evaluated using the following criteria: • Team Experience • Assigned Personnel • Performance on Past Projects and Recommendations • Conflict of Interest • Quality of the SOQ The Cities reserve the right to reject any or all SOQs and to waive any informalities. To answer any questions a prospective firm may have concerning the scope of work for this Request for Qualification contact Nancy A. Koch at (970) 350-9816 or Clifford A. Hoelscher at (970) 222-3026 after the mandatory pre-proposal meeting has been conducted. Questions regarding proposals submittal or process should be directed to Opal Dick, CPPO, Sr. Buyer (970) 221-6778. 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 or Greeley is prohibited. Sincerely, James B. O’Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR QUALIFICATIONS RFQ001 Halligan-Seaman Water Management Project The Cities of Greeley and Fort Collins (the Cities) are soliciting statements of qualifications (SOQs) from qualified consultants interested in preparing an Environmental Impact Statement (EIS) for the Halligan-Seaman Water Management Project (Halligan-Seaman Project). Sealed SOQs must be received at the City of Fort Collins Purchasing Division, P.O. Box 580, 215 North Mason St., 2nd Floor, Fort Collins, Colorado 80522 on or before 3:00 p.m. (our clock), March 29, 2005. If delivered, SOQs shall be addressed to 215 North Mason St., 2nd Floor, Fort Collins, CO. 80524. If mailed, SOQs shall be addressed to P.O. Box 580, Fort Collins, CO 80522-0580. A mandatory pre-submittal meeting will be held on March 15, 2005 at the City of Greeley Water Department Offices, 1100 10th Street, 3rd Floor, at 1:30 p.m. A copy of the RFQ may be obtained as follows: 1. Call the Purchasing Fax-line, 970-416-2033 and follow the verbal instructions to request document #30001. 2. Download the Proposal/Bid from the BuySpeed Webpage https://secure2.fcgov.com/bso/login.jsp 3. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Request. Collusive or sham SOQs: Any SOQ deemed to be collusive or a sham SOQ will be rejected and reported to authorities as such. Your authorized signature of this SOQ assures that such SOQ is genuine and is not a collusive or sham SOQ. Firms will be evaluated using the following criteria: • Team Experience • Assigned Personnel • Performance on Past Projects and Recommendations • Conflict of Interest • Quality of the SOQ The Cities reserve the right to reject any or all SOQs and to waive any informalities. To answer any questions a prospective firm may have concerning the scope of work for this Request for Qualification contact Nancy A. Koch at (970) 350-9816 or Clifford A. Hoelscher at (970) 222-3026 after the mandatory pre-proposal meeting has been conducted. Questions regarding proposals submittal or process should be directed to Opal Dick, CPPO, Sr. Buyer (970) 221-6778. 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 or Greeley is prohibited. Sincerely, James B. O’Neill II, CPPO, FNIGP Director of Purchasing & Risk Management February 25, 2005 Request for Statement of Qualifications Third-Party NEPA Consultant to the U.S. Army Corps of Engineers Halligan-Seaman Water Management Project EIS I. Purpose The Cities of Fort Collins and Greeley (the Cities) request statements of qualifications (SOQs) from consulting firms or teams (Consulting Teams) capable of preparing an Environmental Impact Statement (EIS) for the Regulatory Branch of the Omaha District, U.S. Army Corps of Engineers (Corps) on the Halligan-Seaman Water Management Project (Halligan-Seaman Project). The selected Consulting Team will act as the Third-Party Consultant for the Corps and will prepare complete and comprehensive National Environmental Policy Act (NEPA) documentation for the Halligan-Seaman Project. The Consulting Team selected as the Third- Party Consultant will prepare an EIS that fully meets the requirements of the Section 404(b)(1) Guidelines (40 CFR Part 230), the regulatory requirements of the Council on Environmental Quality (40 CFR Parts 1500 through 1508), and the NEPA and regulatory requirements of the Corps (33 CFR Parts 320-330 and Appendices -- permits and public interest review). Prior to constructing the Halligan-Seaman Project, the Cities must obtain the appropriate federal authorizations and will participate in the Corps' preparation of an EIS. The Corps will be the lead federal agency, though other cooperating agencies may be identified prior to, and during, the scoping process. The Third-Party Consultant selected to complete the EIS will work directly for the Corps, but will have a contract with and be compensated by the Cities. The selected Third- Party Consultant must sign a "No Conflict of Interest" statement with the Corps. II. Background To efficiently manage their water supplies, the Cities need additional storage capacity in the Cache la Poudre River Basin. The Cities and their partners have identified the Halligan-Seaman Project to develop this additional storage through the enlargement of Halligan Reservoir (owned by Fort Collins) and the enlargement of Milton Seaman Reservoir (owned by Greeley). The City of Fort Collins anticipates the need for its additional storage in less than 10 years. The City of Greeley will require more storage within 15-20 years. The Halligan-Seaman Project should allow for improved water management strategies resulting in: better utilization of existing water supplies (including non-Poudre River Basin water) and agricultural water rights to be obtained in the future, as well as greater opportunities for environmental enhancement in the Poudre River Basin. Given this background, the purpose of the Halligan-Seaman Project, as defined by the Cities, is to cooperatively develop approximately 72,000 acre feet of additional storage capacity in the Cache la Poudre River Basin in two reservoir enlargements so that the Cities and their partners can more efficiently manage their water rights resulting in an increased yield sufficient to provide 1-in-50 year drought protection to customers within their service areas. Given the close proximity of the proposed reservoir enlargements, and the potential for coordinated operations between the enlarged reservoirs, the Cities are proposing that the Halligan-Seaman Project be evaluated in a single NEPA process. III. Consultant Selection Process and Schedule This request for SOQs (Request) is the first step in a tiered Consulting Team selection process. After the SOQs are received, they will be reviewed and ranked by the project sponsors. The top five Consulting Teams will be notified and requested to prepare proposals. Upon submittal of the proposals, a selection team comprised of the Cities and other project participants will rank the proposals and select the top three Consulting Teams and invite them for an interview. The Cities, other project participants and the Corps project manager will conduct the interviews. Based on the qualifications, proposals, interviews and estimated project costs, the Cities will rank and submit their recommendation to the Corps for its selection. The schedule for the selection process will be as follows: February 26, 2005: Request for SOQs sent to interested firms and advertised in the news Media. March 15, 2005: Mandatory pre-submittal meeting for all firms interested in submitting SOQs on the Halligan-Seaman Project. The meeting will be held in Greeley at 1:30 p.m. at the following location: City of Greeley Water & Sewer Department 1100 10th Street, 3rd Floor Greeley, CO 80631 March 29, 2005: Interested Consulting Teams must submit eight copies of their SOQs which must be received by 3:00 pm M.S.T. as follows: If hand delivered, to: City of Fort Collins Purchasing Division 215 North Mason St., 2nd Floor Fort Collins, CO 80522 If Mailed, to: City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins, CO 80522-0580 April 12, 2005: Cities select top five Consulting Teams and request proposals from each. April 26, 2005: Eight copies of the proposals from the top five Consulting Teams must be received by 3:00 p.m. M.S.T. as follows: If hand delivered, to: City of Fort Collins Purchasing Division 215 North Mason St., 2nd Floor Fort Collins, CO 80522 If Mailed, to: City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins, CO 80522-0580. May 10, 2005: Cities announce top three teams for interviews. May 24, 2005: Cities and Corps interview top three teams. May 31, 2005: Third-Party Consultant selection announced. IV. Anticipated Scope of Work The Cities have already completed some feasibility studies and will conduct MODSIM hydrologic model evaluations for the Halligan-Seaman Project. Additionally, the Cities may conduct aerial photogrammetry, mapping or site-specific environmental evaluations necessary for preparing the EIS, and submit that information to the Corps for review, verification and approval. The Third-Party Consultant will independently review all engineering studies and data and environmental analyses completed by the Cities to recommend to the Corps if they are adequate for incorporation into the EIS. If inadequate, the Third-Party Consultant will identify deficiencies and the Corps will require additional studies and analyses that will need to be completed for the NEPA process. Alternatively, the Cities may choose not to conduct certain site-specific environmental evaluations in which case the Cities will rely on the Third-Party Consultant to conduct those evaluations in the first instance. The Cities will utilize a master agreement/work order type Professional Services Agreement in a form substantially similar to that included as Attachment 1 to this Agreement. Fort Collins and Greeley will each be billed separately for 50% of the work completed in any billing cycle. V. Statement of Qualifications Format Each Consulting Team's SOQ must be submitted in the following format: 1. Cover Letter. 2. Team Qualifications. a. A team organization chart showing at least the following key project personnel and the consulting firm with which each individual is associated: o The Principal-in-Charge (if appropriate) o The Project Manager o The Assistant Project Manager (if appropriate) o The Quality Assurance Manager o The Technical Lead for each of the environmental parameters listed in Table 1. b. One paragraph biographical sketches of the key project personnel supplemented with 2-page résumés for each attached as Exhibit A to the SOQ. • The Cities and the Corps are especially interested in the experience of the Project Manager in preparing water development related NEPA documents for Corps regulatory led EISs, developing the “Purpose and Need” section of the EIS within the framework of the Section 404(b)(1) Guidelines, and performing alternatives screening evaluations. • The Cities and the Corps are also interested in the experience of the Technical Leads in preparing water development related technical studies for NEPA documents for Corps regulatory led EISs, including 404b1 impact assessments. c. Descriptions of specific water resource development projects for which any member of the Consulting Team acted as, or was a member of, the NEPA Third- Party Consultant either for the Regulatory Branch of the Corps or another federal agency where the Regulatory Branch of the Corps was a cooperating agency. The Cities and the Corps are particularly interested in the Consulting Teams’ experience in the following aspects of water resource development related NEPA studies: i) analysis of purpose and need, ii) alternatives identification and screening, iii) environmental resource impact analysis, iv) socio-economic evaluations, v) dam and water treatment engineering evaluations, vi) hydrology and familiarity with the MODSIM model (primarily surface water and water rights impact analyses), vii) groundwater analysis for potable and non-potable water supplies and aquifer storage and retrieval, and viii) familiarity with the Corps’ NEPA regulations and the Section 404(b)(1) Guidelines. 3. References. The Consulting Team must provide: contact information (name, address, phone number, e-mail) of 5 references from clients for whom it has completed NEPA work – especially similar dam and reservoir NEPA work; and one page project descriptions in Appendix B to the SOQ for projects completed for these references. Additionally, letters of recommendation may also be provided in Appendix C to the SOQ. 4. Assurances. The Consulting Team must provide a statement that the Consulting Team can comply with the contracting provisions set out in the form Professional Services Agreement included as Attachment 1 to this Request, and has the capability to meet the standards for GIS evaluations and MODSIM evaluations as specified in Attachment 2 to this Request. 5. Conflicts. The Consulting Team must provide a list of clients for whom it is presently under contract to provide engineering or consulting services in the Poudre River and South Platte River basins and, for each of the listed clients, provide a short description of the work being conducted. VI. Evaluation Criteria for Statement of Qualifications The selection committee will evaluate the submitting teams' qualifications only. Statement of Qualifications will be evaluated on the following criteria. These criteria will be the basis for review of the written Statement of Qualifications. The rating scale is from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Weighting Factor Criteria Standard 4.0 Team Experience Does the team have the capability and experience with projects of similar size and scope? Does this experience include water development projects in Colorado? Does it include experience as a third-party contractor with the COE? Does the prime consultant and the project manager have the management experience necessary to successfully run the project? 4.0 Assigned Personnel What are the qualifications of the Project Manager? Has the team identified all the personnel that will work on the project? Are sufficient people with the requisite skills assigned to the project? Has the team (prime and subconsultants) worked together before? Are all of the pertinent resource areas that need to be analyzed in the NEPA document covered by experience staff? 1.0 Performance on Past Projects and Recommendations Were past projects completed on-time and within budget? 1.0 Conflict of Interest Does any member or firm on the project team have a real or perceived conflict of interest, particularly in a NEPA context? Can the contractor clearly execute a NEPA conflict-of- interest disclosure? 1.0 Quality of the SOQ Is the SOQ clear, concise, well organized, well written and free of extraneous material? VII. General Guidelines for Consultant Selection Process The Consulting Teams will be evaluated using the following criteria as guidelines: • Qualifications and experience of the Consulting Team with similar projects • Qualifications and experience of key personnel proposed for the project • The past record of the Consulting Team and the key project personnel on contracts of similar nature • The past record of the Consulting Team and the key project personnel for providing cost effective service in a timely manner • Proposals submitted by the Consulting Teams’ selected after SOQs are evaluated and ranked • Interviews conducted by the Cities, other project participants and the Corps VIII. Project Contacts Inquiries into or questions concerning this Request or the Halligan-Seaman Project will not be entertained prior to the mandatory pre-submittal meeting. The mandatory meeting will be held at 1:30p.m. March 15, 2005 at the following location: City of Greeley Water & Sewer Department 1100 10th Street, 3rd Floor Greeley, CO 80631 Questions that arise after the mandatory pre-submittal meeting will only be addressed in response to a written request for information or clarification which lists the specific question for which an answer is requested, addressed to the following: Nancy A. Koch, City of Greeley Water & Sewer Dept. 1100 10th Street, 3rd Floor Greeley, CO 80631 and Clifford A. Hoelscher City of Fort Collins 700 Wood Street Fort Collins, CO 80521 Upon receipt of such a written request, the Cities will send a written response to all of the Consulting Teams in attendance at the mandatory pre-submittal meeting. Table 1. Environmental Parameters that will be analyzed in the EIS. 1. Land Features Study area Topography General setting Geology and soils Mineral resources Climate 2. Aquatic Resources Surface hydrology (using MODSIM) Floodplain analysis (including HEC-RAS modeling, if required by the Corps) Water quality Existing and future water use Groundwater hydrology Water rights Geomorphology 3. Air Quality 4. Noise 5. Biological Resources Wetlands Vegetation Wildlife Aquatics Fisheries Species of special interest Threatened and endangered species (including, but not limited to Preble’s Meadow Jumping Mouse, Ute Ladies’ Tresses, Colorado Butterfly Plant, and Platte River T&E Species) 6. Socioeconomics Population Land ownership and use Industry Employment and income Housing Community services Public facilities Public finances Community cohesion Regions of influence Dam failure analysis Prime and unique farmlands Environmental justice 7. Cultural and Paleontological Resources 8. Recreational Resources 9. Visual Aesthetics 10. Transportation 11. Hazardous Waste ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE (Form) THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, and THE CITY OF GREELEY, COLORADO, Municipal Corporations, hereinafter referred to as the "Cities" and _____, [insert either a corporation, a partnership or an individual, doing business as____________], 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 any project Work Orders for the HALLIGAN-SEAMAN WATER MANAGEMENT PROJECT, hereinafter referred to as the “Project”, issued by the Cities. A blank sample of a Work Order is attached hereto as Exhibit "A", consisting of one (1) page and is 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 stated on each Work Order. 3. Time of Commencement and Completion of Services. The 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. 4. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and, except as provided in paragraph 5 herein, shall continue in full force and effect until finalization of the Environmental Impact Statement for the Project 5. Early Termination by the Cities/Notice. Notwithstanding the time periods contained herein, the Cities 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 address: Professional: ________________________ ________________________ ________________________ City of Fort Collins Clifford A. Hoelscher 700 Wood Street Fort Collins, CO 80521 City of Greeley Nancy A. Koch 1100 10th Street, 3rd Floor Greeley, CO 80631 In the event of any such early termination by the Cities, 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. 6. Design, Project Insurance 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, studies, field investigations, evaluations, analyses, 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 Cities and their respective officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the Cities and for the Cities' 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 $1,000,000 combined single limits, and errors and omissions insurance in the amount of $1,000,000. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the Cities agree to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "B", consisting of ___ (_) page(s), attached hereto and incorporated herein by this reference. At the election of the Cities, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. 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 progress (as verified by the Cities) in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Fort Collins and Greeley shall each be billed separately for 50% of the work completed in any billing cycle. Final payment shall be made following acceptance of the work by the Cities. Upon final payment, all designs, plans, studies, field investigations, evaluations, analyses, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the Cities. 8. Cities’ Representative. The Cities will designate, prior to commencement of work, their Project representatives 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 clarifications or instructions shall be directed to the Cities’ Representatives. 9. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the Cities’ Representatives with a written report of the status of the work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the Cities, 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 or City of Greeley. The Cities 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 Cities enter 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 Cities. 12. Acceptance Not Waiver. The Cities' approval of designs, plans, studies, field investigations, evaluations, analyses, reports, specifications, drawings, 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 Cities' 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 Cities 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 itself 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. Venue for any proceeding brought by any party to this Agreement against another party hereto and related to, or arising out of, this Agreement shall lie exclusively in Weld County, Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of ___ (_) page(s), attached hereto and incorporated herein by this reference. ATTEST: THE CITY OF FORT COLLINS, COLORADO _________________________________ By: _________________________________ City Clerk James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management APPROVED AS TO FORM: Date: ______________________________ ________________________________ Assistant City Attorney ATTEST: THE CITY OF GREELEY, COLORADO _________________________________ City Clerk By: _________________________________ APPROVED AS TO FORM: ________________________________ Date: ______________________________ Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] Doing business as ____ [insert name of business] By: _________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITIES OF FORT COLLINS AND GREELEY AND ______________________ DATED: Work Order Number: Purchase Order Number (Fort Collins): Purchase Order Number (Greeley): Project Title: HALLIGAN-SEAMAN WATER MANAGEMENT PROJECT Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: ______________________________________________________________________________ ______________________________________________________________________________ Scope of Services: ______________________________________________________________________________ ______________________________________________________________________________ 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 [or this Work Order?] shall control. The attached forms consisting of Exhibits A, B, _, consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional: By: _____________________________________ Date: ___________________________________ City of Fort Collins: Submitted By: Special Projects Manager Date: Reviewed By: Water Resources & Treatment Manager Date: Approved by: Utilities General Manager Date: Approved by: Director of Purchasing & Risk Management Date: City of Greeley: Submitted By: Water Resource Manager Date: Reviewed By: Date: Approved by: Director, Water & Sewer Department Date: Approved by: Purchasing Manager EXHIBIT “B” Time and Cost Basis [To be Provided] EXHIBIT “C” Special Conditions [To be Provided] ATTACHMENT 2 GIS Evaluation Specifications All digital deliverables will be provided in an ArcMap 9.x compliant spatial feature class (personal Geodatabase, coverage, shape file ASCII text file). All data will be collected or projected in Horizontal – NAD83 HARN State Plane Colorado North US Survey Feet, Vertical NAVD 1988 for City of Greeley and Vertical NAVD 1929 for City of Fort Collins. A written work plan describing feature class and its associated attributes will be provided. Data files will be provided on an agreed upon media format. The methodology to be used for the project will be written and agreed upon with the parties involved prior to going to bid. MODSIM Evaluation Specifications The Poudre River Basin Network was developed, and is simulated, with the MODSIM river basin network flow model. The model employs a primal-dual network optimization algorithm to simulate a priority based allocation and distribution system. The Poudre River Basin Network contains approximately 722 nodes and 935 links. Simulations are executed under the ms-dos 'command-line' environment. The third-party contractor must be familiar with network flow algorithms and optimization principles. Demonstrable experience using the PCMSS (PC MODSIM Shell) versions of MODSIM is valuable.