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HomeMy WebLinkAboutRFP - 7559 BICYCLE PLAN UPDATE (2)RFP 7559 Bicycle Plan Update Page 1 of 24 REQUEST FOR PROPOSAL 7559 BICYCLE PLAN UPDATE The City of Fort Collins is requesting proposals from qualified firms to conduct an update to the City’s 2008 Bicycle Plan and 2011 Bicycle Safety Education Plan as one unified document called 2014 Fort Collins Bicycle Plan. Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, six (6) copies, 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), October 11, 2013 and referenced as Proposal No. 7559. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. This project is made possible through a mixture of local funds from The City of Fort Collins and federal Congestion Mitigation and Air Quality (CMAQ) funds. Federal reporting for the procurement of equipment in this project is anticipated to be stringent. The City is not requiring DBE or Buy America on this project. Questions concerning the scope of the project should be directed to Project Manager, Tessa Greegor at (970) 416-2471 or tgreegor@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Tessa Greegor, with a copy to Ed Bonnette, no later than 5:00 PM (our clock) on September 27, 2013. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7559 Bicycle Plan Update Page 2 of 24 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, Gerry S. Paul Director of Purchasing & Risk Management RFP 7559 Bicycle Plan Update Page 3 of 24 REQUEST FOR PROPOSAL 7559 BICYCLE PLAN UPDATE FOR CITY OF FORT COLLINS OVERVIEW/BACKGROUND The City of Fort Collins is requesting proposals from qualified firms to conduct an update to the City’s 2008 Bicycle Plan and 2011 Bicycle Safety Education Plan as one unified document called 2014 Fort Collins Bicycle Plan. The geographic scope of this plan is the city of Fort Collins and should incorporate key regional bicycle connections beyond the city’s jurisdictional boundaries. This update is intended to focus on identifying key opportunities to significantly improve and expand the City’s existing bicycle network, support facilities, policies and programs, and to increase bicycling among people of all ages and abilities (with emphasis on the “interested but concerned” populations). Incorporating the City’s Triple Bottom Line framework, the Plan will build upon the 2008 Bike Plan and 2011 Bicycle Safety Education Plan to outline the critical role that bicycling plays in achieving the City’s stated goals for transportation, economic and environmental health, community and neighborhood livability, safety and wellness, culture and recreation, and a high performing community. Fort Collins was recently designated a Platinum-level Bicycle Friendly Community by the League of American Bicyclists. The City seeks to build upon this by establishing a framework for achieving a world-class city for bicycling. This plan will focus on identifying near- and long-term strategies for increasing ridership, comfort, connectivity, and safety for cyclists of all ages and abilities throughout the city. Through data-driven analysis and a comprehensive and inclusive public outreach strategy, this project will include an update to the City’s proposed bicycle network, wayfinding strategies, bicycle facility design recommendations and guidelines, as well as policy and programmatic recommendations. The City encourages innovative context-sensitive solutions and strategies, with an emphasis on improving bicycle connectivity, safety, accessibility and circulation for people of all ages and abilities. SCOPE OF WORK CONSIDERATIONS City staff will be responsible for overall project management. The consultant is expected to manage technical aspects of the plan and lead aspects as outlined in the draft scope of work below. Recommendations regarding roles and responsibilities of City staff and consultants should be articulated in the response to this RFP. Consultants are encouraged to propose innovative approaches to develop this plan and should also identify and emphasize those areas where its qualifications and expertise would most benefit this project. Guiding/reference plans include but are not limited to the following: 2013 Paved Recreational Trails Master Plan (not yet adopted): http://www.fcgov.com/parkplanning/trailplan.php 2013 Midtown Plan (Pending City Council approval) Regional Bike Plan: http://www.nfrmpo.org/Projects/BikePlan.aspx Lincoln Corridor Plan (not yet adopted): http://www.fcgov.com/advanceplanning/lincoln.php 2013 City of Fort Collins Parking Plan (including bicycle parking recommendations): http://www.fcgov.com/advanceplanning/parkingplan.php RFP 7559 Bicycle Plan Update Page 4 of 24 2013 Harmony Road Alternatives Analysis: http://www.fcgov.com/transportationplanning/harmony.php 2012 Streetscape Standards (http://www.fcgov.com/advanceplanning/pdf/streetscape- doc.pdf) 2011 City Plan (http://www.fcgov.com/planfortcollins/pdf/cityplan.pdf) 2011 Transportation Master Plan (http://www.fcgov.com/planfortcollins/pdf/tmp.pdf) 2011 Bicycle Safety Education Plan: http://www.fcgov.com/transportationplanning/pdf/besp-doc.pdf 2011 Pedestrian Plan (http://www.fcgov.com/planfortcollins/pdf/ped-plan.pdf) 2010 Arterial Intersection Study (http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CONTRACT&dn= Purchasing&q=arterial+intersection+study) 2008 Bicycle Plan (http://www.fcgov.com/bicycling/pdf/bike_plan-2008.pdf) 2009 Transfort Strategic Plan (http://www.fcgov.com/transfort/plan-index.php) 2005 US 287/South College Avenue Bicycle Project (http://www.fcgov.com/transportationplanning/bikelane.php) 2009 South College Corridor Plan (http://www.fcgov.com/advanceplanning/pdf/sccp- doc.pdf) STUDY ADMINISTRATION The Bicycle Plan update process will be guided by a Technical Advisory Committee (TAC), key stakeholders, and the City’s existing Bicycle Advisory Committee (BAC). The TAC will largely be comprised of representatives from various City departments. Below is a preliminary list of potential TAC representatives; the consultant will work with City staff to finalize this list: Planning, Development and Transportation FC Moves Safe Routes to School Engineering Streets Transfort Parks Sustainability Services (ClimateWise, Environmental Services, Economic Development, Social Sustainability) Community Development & Neighborhood Services City Planning Environmental Services Police Services Traffic Operations Natural Resources/Areas Utilities City Manager's Office Recreation Parking Services CDOT RFP 7559 Bicycle Plan Update Page 5 of 24 Larimer County North Front Range MPO Bicycle Pedestrian Education Coalition Other Key Stakeholders (preliminary list; to be refined in collaboration with consultant team) School District representatives: Poudre School District, Thompson, Private schools Health organizations: County Health Dept., CanDo, University Colorado Health Vida Sana Front Range Community College Sheriff's Department Downtown Business Association Downtown Development Authority Chamber of Commerce Bike organizations (e.g. Bike Fort Collins, Overland Mountain Bike Club, Fort Follies, Bicycle Safety Institute, Your Group Ride, Bike Co-op) Tessa Greegor will serve as the City of Fort Collins project manager for the Plan update. The consultant will confer/meet with the project manager on a monthly basis (at a minimum) to review Plan update progress, present working papers and Plan update findings, and solicit direction. Regularly scheduled meetings with the TAC will allow the consultant to build and maintain the close working relationships essential for the project’s success. Working papers developed during the Plan update process will circulate to the TAC as well as the BAC for review and comment. Relevant comments and requests will be incorporated into the working papers and final documents, based on approval by the project manager. SCHEDULE Below are the major milestones to be met during the Plan update. Additional proposed milestones may be identified in the consultant’s proposed scope of work: October 11 RFP submittal date Week of October 28 Consultant Interviews November 8 Consultant Selection November 2013 Project Initiation – kick-off meeting December 2013 Bicycle Advisory Committee Presentation January 2014 Transportation Board Presentation February 2014 City Council Work Session Nov. 2013 – Feb. 2014 Data Collection, Public Outreach (Phase 1) and Data Analysis January 31, 2014 Existing Conditions Report March 2014 Draft Network Map June 2014 Transportation Board and Bicycle Advisory Committee July 1, 2014 Draft Plan July 2014 City Council Work Session (tentative) RFP 7559 Bicycle Plan Update Page 6 of 24 June – August, 2014 Public Outreach, Phase 2 Aug. – October, 2014 Final Master Plan Drafted Oct. – Dec. 2014 Adoption Process October 2014 Transportation Board Presentation December 2014 City Council Hearing (tentative) SCOPE OF WORK CONSIDERATIONS Ongoing Task: Project Management and Quality Control Consultant will manage all technical aspects of the plan update, including quality assurance and quality control, and regular reports on the status of the project budget, work effort progress, and schedule. Consultant will work with the City of Fort Collins project manager to engage with policy and technical reviewers as well as the advisory committee assembled to help guide the project. Task 1: Work Plan and Public Involvement Plan The first task will be to develop a detailed work plan to guide the plan update process. This will include (at a minimum) the following elements: Refined scope of work with detailed study tasks, goals, and objectives Detailed schedule identifying key milestones and deliverables Staffing plan which identifies consultant and City staff roles Public Involvement Plan for the update to the Bike Plan, including strategies for reaching non-English speaking communities Defined strategy to coordinate with relevant ongoing and recently completed studies Establishment of the Technical Advisory Committee Task 2: Vision, Goals, Objectives and Policy Framework This task will focus on working with City staff, Advisory Committees and City Council to draft the Plan vision, goals, objectives and guiding policy framework. This should incorporate the City's Triple Bottom Line framework. Task 3: Existing Conditions Report The consultant will work with City staff to produce a State of Bicycling in Fort Collins existing conditions report as a subsection of the final 2014 Fort Collins Bicycle Plan. The purpose of the report will be to describe the current conditions of Fort Collins’ bicycle network and support facilities, programs and policies, as well as gaps in the system. Specifically, the report will identify: Existing relevant plans and guiding documents Accomplishments of the 2008 Fort Collins Bike Plan and 2011 Bicycle Safety Education Plan and outstanding action items (to be provided by City staff) Map and overview of existing bicycle facilities (to be provided by City staff) Analysis of connectivity and completeness of network, and major barriers to completion Summary of existing data, such as bicycle count data and census data (to be provided by City staff) Funding overview (to be provided by City staff) Bicycle safety overview, based on collision data Land use/key destinations, RFP 7559 Bicycle Plan Update Page 7 of 24 Future plans and projects (to be provided by City staff) Task 4: Public Outreach and Engagement Consultant will assist with the implementation of a comprehensive public engagement strategy that will result in meaningful input on bicycling in Fort Collins from a range of stakeholders including residents, businesses, institutions, agencies, and community organizations. Strategies should be designed to engage a broad and diverse audience -- reaching people of all ages, abilities and backgrounds. Strategies should include outreach to non-English speaking communities. In addition to implementing a broad community engagement strategy, the consultant will also manage Technical Advisory Committee meetings, a design charrette, and provide support to City staff with management of stakeholder meetings. City staff will develop a webpage and conduct initial public outreach including an online survey and four community bicycle audits (October). Task 5: Identify High Priority Areas Using a data-driven GIS methodology in conjunction with community input gained during public outreach activities, consultant will identify the areas of the city where bicycle facilities are most needed. This will include an analysis regarding demand (areas where people do or want to ride), equity (people most likely to need to use a bicycle as a mode of transportation), deficiencies and disconnects (gaps in the network, areas where bicycling is underrepresented) and corridor development (which areas are best suited for cyclists of varying ages and abilities). This will be a subsection of the final 2014 Fort Collins Bicycle Plan. Task 6: Update Fort Collins' Bicycle Network and Support Facilities Plan This task will update the future bicycle network, incorporating public input, new facility types (such as bicycle boulevards/greenways, buffered and protected bike lanes) and innovative intersection design improvements. A focus of this effort will be identifying a bicycle network to encourage bicycling for people of all ages and abilities. Wayfinding recommendations should be considered as a key element of the network plan. This will include recommendations for general locations of wayfinding elements (specific designs for wayfinding elements are not part of this scope of work). This plan will also include a review and update of existing design guidelines with recommended facility typologies, focus on ensuring connectivity between facilities and other travel modes, and ensure adequate end-of-trip facilities. This will be a subsection of the final 2014 Fort Collins Bicycle Plan. Task 7: Develop Policy and Programmatic Recommendations Based on a summary of innovative and best practices, consultant will work with City staff to develop policy and programming recommendations to significantly grow bicycling particularly among underrepresented populations. Policy recommendations may include level of service recommendations. Program areas include (and are not limited to): education, engineering, enforcement, and encouragement. Methods of evaluating programs and services should also be incorporated. This will be a subsection of the final 2014 Fort Collins Bicycle Plan. Task 8: Implementation, Funding, and Phasing Consultant will work with City staff to develop recommendations for implementation of the plan, including a data-driven prioritization framework. This should incorporate an overview of funding sources, cost estimates and maintenance strategies as well as a prioritized and phased implementation plan. RFP 7559 Bicycle Plan Update Page 8 of 24 Task 9: Develop Draft and Final 2014 Fort Collins Bicycle Plan Consultant will work with City staff to develop a final report and plan update document, integrating all plan goals, policies and recommendations, the updated network plan, facility design recommendations, and implementation actions for review by the advisory committees, community stakeholders and the general public. The ultimate outcome will be final adoption by the City Council. Summary of Products/Deliverables Task Product / Deliverable Task 1: Work Plan and Public Involvement Plan Work Plan and Public Involvement Plan Technical Advisory Committee Task 2: Vision, Goals, Objectives and Policy Framework Vision statement with supporting goals, objectives and guiding policy framework Task 3: Existing Conditions Report Existing Conditions Report (state of bicycling in Fort Collins) as a subsection of the final 2014 Fort Collins Bicycle Plan Task 4: Public Outreach and Engagement Public workshops Stakeholder workshops and design charette Technical Advisory Committee meetings Council presentations Task 5: Identify High Priority Areas Technical paper reflecting bicycle demand and needs assessment and outlining high priority areas, including relevant GIS maps, as a subsection of the final 2014 Fort Collins Bicycle Plan Task 6: Update Fort Collins' Bicycle Network and Support Facilities Plan as a subsection of the final 2014 Fort Collins Bicycle Plan Updated bicycle network and support facilities plan Facility design guidelines and typologies Task 7: Develop Policy and Programmatic Recommendations Technical paper recommending programs, policies and educational strategies to increase bicycling for people of all ages and abilities, incorporating a summary of best practices as a subsection of the final 2014 Fort Collins Bicycle Plan Task 8: Implementation, Funding, and Phasing Implementation and prioritization plan and methodology Funding sources and cost estimates Task 9: Develop Draft and Final Draft 2014 Fort Collins Bicycle Plan Draft Plan, including executive summary, chapters summarizing results of all previous tasks, appendices with relevant technical papers and a summary of public input. RFP 7559 Bicycle Plan Update Page 9 of 24 SUBMITTAL REQUIREMENTS All respondents are required to include the following information in the submittal as a minimum and in this order. 1. Project Understanding: Provide a brief summary of your understanding of the project and Fort Collins existing bicycling environment and framework. 2. Methods and Approach: Provide a narrative of your recommended approach to achieve each of the tasks outlined in the Scope of Work described above. Respondents are encouraged to provide innovative and cost effective ideas to create a successful plan. Proposed changes to the scope of work are welcome, but should be explicitly identified. 3. Scope of Work Deliverables: Provide a description or examples of how you will present the deliverables and the tools that will be used to create project products. 4. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar Reports and Plans to the ones listed under our Deliverables above: Number of years in the business. Overview of services offered, qualifications Names and location of similar projects. Three references of such projects, to include: a) Service provided b) Date of service c) Client organization d) Contact name and title, phone, and e-mail address of public agency reference(s) overseeing the planning effort. Samples (preferably three via a web link or pdf files) of work products for similar projects. 5. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 6. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. 7. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEK OF OCTOBER 28, 2013 IN THE EVENT YOUR ARE INVITED FOR AN ORAL INTERVIEW ROUND. RFP 7559 Bicycle Plan Update Page 10 of 24 8. Estimated Hours by Task - Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc.; and the total project cost. 9. Schedule of Rates and Cost by Task - Provide a schedule of rates and an anticipated cost of each task identified in the Scope of Work Deliverables section; including the preliminary and final reports, and the total project cost. It is expected that this project will be a collaborative effort with City. City staff will be working closely with the successful respondent on all aspects of the study and in some cases leading elements of the study. Within your response please include how you would work with City staff to conduct the Plan update in an effort to save costs wherever possible. A maximum number of 12 double sided or 24 single sided pages are allowed for this proposal. Resumes of proposed personnel and additional project descriptions outside of any included in the main proposal body may be included in an Appendix, not to exceed 10 double-sided (or 20 single-sided) pages in length. Respondents are encouraged to keep their proposals succinct. RFP 7559 Bicycle Plan Update Page 11 of 24 Vendor Statement: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete PROFESSIONAL SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: CELL: EMAIL: PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 918-92 Urban Planning Consulting 918-94 Traffic Consulting 918-96 Transportation Consulting 918-98 Urban Planning Consulting 925-93 Traffic and Transportation Consulting 958-90 Traffic Safety Program Management Services 958-91 Transit Management Services 961-82 Transportation Services (Not Otherwise Classified) Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Professional shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. D. The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 7559 Bicycle Plan Update Page 12 of 24 Review and Assessment Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional 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 FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project 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 Work Hours Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required 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? RFP 7559 Bicycle Plan Update Page 13 of 24 Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 7559 Bicycle Plan Update Page 14 of 24 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. 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 RFP 7559 Bicycle Plan Update Page 15 of 24 may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable 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 $1,000,000, in accordance with Exhibit , RFP 7559 Bicycle Plan Update Page 16 of 24 consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis 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, RFP 7559 Bicycle Plan Update Page 17 of 24 reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. RFP 7559 Bicycle Plan Update Page 18 of 24 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. 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. 14. 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 RFP 7559 Bicycle Plan Update Page 19 of 24 construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 15. 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. 16. 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. 17. 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. 18. 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: RFP 7559 Bicycle Plan Update Page 20 of 24 a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has 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 RFP 7559 Bicycle Plan Update Page 21 of 24 employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. RFP 7559 Bicycle Plan Update Page 22 of 24 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul 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 By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7559 Bicycle Plan Update Page 23 of 24 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7559 Bicycle Plan Update Page 24 of 24 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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.