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HomeMy WebLinkAboutRFP - 7587 ENGINEERING SERVICES FOR HALLIGAN RESERVOIR ENLARGEMENT PROJECTREQUEST FOR PROPOSAL 7587 Engineering Services for the Halligan Reservoir Enlargement Project The City of Fort Collins is requesting proposals from qualified consultants for engineering, design, and construction management services for work related to the enlargement of Halligan Reservoir. 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, seven (7) 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), January 24, 2014 and referenced as Proposal No. 7587. 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. Questions concerning the scope of the project should be directed to Project Manager, Donnie Dustin at 970-416-2053 or ddustin@fcgov.com. Communication via email is preferred. Questions regarding bid submittal or process should be directed to Pat Johnson, CPPB, Senior Buyer at 970-221-6816 or pjohnson@fcgov.com. `Engineering A copy of the Request for Proposal may be obtained by downloading the Request for Proposal 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. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. 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 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 2 of 22 The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other State and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability and Triple Bottom Line (TBL): Qualified consulting firm/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability and TBL. In no more than two (2) pages please describe how your organization strives to be Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing services (see sample attached to this Request for Proposal). Payment: The payment for services as described under the Scope of Services, shall be based upon hourly rates as outlined in the submitted fee schedule(s) and as negotiated for each work order. City payment terms will be Net 30 Days from receipt of invoice. Sincerely, Gerry S. Paul Director of Purchasing & Risk Management 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 3 of 22 I. PURPOSE The City of Fort Collins is soliciting proposals from qualified consultants to assist the City’s efforts related to federal (or other) permitting of the Halligan-Seaman water management project, as well as design and construction management services for the proposed enlargement of Halligan Reservoir and/or other alternatives identified through the permitting process. The contract generated from this Request for Proposal may be renewed annually for a total of five years based on the City’s satisfaction with services performed. II. PROJECT DESCRIPTION The purpose of the proposed Halligan-Seaman Water Management Project (HSWMP) is to enlarge two existing reservoirs, Halligan reservoir (owned by the City of Fort Collins) and Seaman Reservoir (owned by the City of Greeley), to provide additional storage capacity. Additional storage capacity is needed to more efficiently manage Cache La Poudre River water rights owned by the Cities and their partners, so that between conservation measures and stored water supply, the demands of residents can be met during a 1:50 year drought. The Cities and their partners entered into the federal permitting process for the proposed HSWMP in early 2006. Since that time, the Cities, their consultants, and partners have worked to progress the NEPA/404(b) permitting process. A third party consultant is assisting the U.S. Army Corps of Engineers (COE) with the permitting, including preparation of an Environmental Impact Statement (EIS). As part of the EIS, alternatives to the HSWMP project will be considered. Only the Least Environmentally Damaging Practicable Alternative (LEDPA) can be permitted under COE guidelines. While a joint EIS is being used to evaluate environmental issues related to the proposed HSWMP, individual COE permits will be issued to each City for their selected alternative. This Request for Proposals is specific to services performed for the City of Fort Collins and its partner, the North Poudre Irrigation Company (NPIC). According to COE scheduling, it is anticipated that a Draft EIS will be issued during 2015, a Final EIS issued in 2017, and a Permit Decision issued by 2018. III. SCOPE OF SERVICES A. Overview A consultant is sought by the City of Fort Collins to: 1) Provide technical support during the NEPA/404(b) federal permitting process as well as all other federal, state, and county permitting processes for the HSWMP. Services may include engineering design of alternatives, review of COE generated materials, hydrologic modeling, and other on-call technical support as required. Examples of other permits/permitting activities that may be required include Clean Water Act Section 401 certification, 1041 Regulation permits, and Colorado Parks and Wildlife mitigation plan development. 2) Provide engineering design and construction management services for the proposed enlargement of Halligan Reservoir and/or other alternatives identified through the federal permitting process once the COE releases a Permit Decision. It is anticipated that services would be provided under the three distinct phases outlined in the “Professional Services Requested” section below. Upon completion of each phase, the scope of work, schedule, and projected costs for the remaining phases would be reviewed and adjusted as needed to meet the objectives of the project. The City and the consultant would also have the option of terminating the professional services contract at the end of each phase. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 4 of 22 B. Professional Services Requested Phase I –Permitting 1. Assist development of alternatives pursuant to NEPA/404(b) permitting requirements. This will involve feasibility level engineering, preliminary cost estimation, fatal flaw analysis of identified alternatives, and report and/or technical memorandum preparation. Alternatives may include projects other than reservoir enlargement such as gravel pit storage, pipeline/pumping stations, water treatment, etc. 2. Assist with hydrologic modeling of alternatives, including execution and review of the City system MODSIM models as needed. 3. Provide review of EIS materials generated by the COE. Example tasks may include but are not limited to review of engineering studies, data, and findings in EIS materials, and supporting the City in responding to the COE. 4. Provide on call engineering and technical and strategic support as needed to assist Fort Collins’ participation in the NEPA/404(b) permitting process other than those tasks identified above, as well as support any other federal, state, and county permits as required. Phase II – Design 1. Provide final design drawings and specifications suitable for construction of the selected alternative and obtain approval from the Colorado State Engineer's office and others as necessary. 2. Provide an updated cost estimate and schedule for construction. 3. Assist the City, as needed, in obtaining rights-of-way or easements for the selected alternative. 4. Geological and soils testing 5. Prepare necessary presentation and submittal documents 6. Present to vested stakeholder groups Phase Ill- Construction Management 1. Aid City Purchasing in the solicitation of construction bids. a. Provide complete construction documents including blue prints, test reports and specifications in order for the City to competitively bid the project. b. Submit documents for required permits. Assist the Project Manager with construction bid process. c. Provide all construction documents electronically to the City’s Purchasing Division. d. Participate in pre-bid conference. e. Respond to questions regarding construction documents and assist City with the preparation of bid addendums. f. Provide input as requested on proposals received as requested. 2. Provide construction management services. a. Inspect project and meet weekly or bi-weekly with the City and Consultant to monitor progress and quality. b. Identify required inspections by independent testing service. c. Respond within 24 hours to inquiries from Consultant and Subconsultants. d. Review, correct and return shop drawings and submittals within 72 hours. e. Review and return request for payment within one week. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 5 of 22 C. Schedule Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to amend the target schedule at any time.  RFP Issuance: January 3, 2014  Final questions due: January 15, 2014  Proposal Due: January 24, 2014  Interviews (tentative): February 10th and/or 12th, 2014 IV. REVIEW AND ASSESSMENT Only those consultant teams with the knowledge and experience applicable to this project will be considered. The City of Fort Collins is optimistic that the Halligan Enlargement will be the preferred alternative and the consultant team selected to work on this project should have individuals with knowledge and experience in geology, hydrology, dam design and construction, construction cost estimation, and project management. However, for alternatives assessment expertise in gravel pits, pipelines, pump stations, water treatment, and other disciplines may be needed to address the universe of alternatives. Given the complexity and intricacies of federal permitting, consultants shall have sound experience in NEPA/404(b) permitting processes; experience specific to permitting of Colorado Front Range water supply/development projects is preferred. In addition, experience performing MODSIM modeling is desired. Qualifying consultant team members should have experience on several projects involving similar issues in their area of expertise during the past 8 years. Qualified firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. A shortlist of Consultants may be identified and invited for an onsite interview. The final selection will be made from this shortlisted group. The City reserves the right to award directly as a result of the written proposals. 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? Is your experience pertinent? 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 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 6 of 22 meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? Is the project schedule well defined, realistic, and achievable? 1.0 Sustainability/Triple Bottom Line (TBL) Methodology Does the firm capture the essence of Sustainability and incorporate the Triple Bottom Line Methodology in both their Scope of Work for this project, and their standard operating procedures? 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 required? Has the firm completed previous projects of this type and scope? Does the firm have sound financial standing? Reference Evaluation (Top Rated Firm) The Project Manager may check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 7 of 22 V. Potential Conflicts of Interest In the case where a consultant or a member of a consultant team has provided services that could be construed as intended to support or oppose projects that may affect the Cache la Poudre River such as the Northern Integrated Supply Project (NISP) or the Halligan-Seaman Water Supply Management Project, the consultant is encouraged to contact the City’s Purchasing Representative to ascertain whether or not a conflict of interest may exist which may preclude the consultant from being selected to perform work directly for the City as part of the Halligan Reservoir Enlargement Project. In the case where a consultant or a member of a consultant team has performed work on the aforementioned projects, or where the consultant or a member of a consultant team has provided independent review comments on an EIS, this may not, in and of itself, constitute a conflict of interest in connection with the Halligan Reservoir Enlargement Project. The City of Fort Collins reserves the right to consider the specific circumstances associated with potential conflicts of interest of the proposing consultant teams, and their members, and to evaluate their future work regarding any Poudre Basin projects to ensure that no future conflicts arise that may affect the interests of the City of Fort Collins. VI. Instructions for Proposal Submission Qualified consultants interested in performing the work described in this request for proposals should submit a minimum of the following information to the City. A proposal that does not include all of the information required may be deemed incomplete and is subject to rejection. Responses must include all of the items listed below, in the order listed: A. Executive Summary: The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. B. Consultant Information and Experience The Consultant should provide the following information: 1. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. A résumé for key professional and technical persons assigned to the contract, shall be submitted. Identify the primary contact person and roles of each staff member. Please limit resumes to one-half page. 3. Description of how the project would be managed and who would have primary responsibility for its timely and professional completion. 4. Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. 5. Include details regarding the knowledge and experience of project personnel in geology, hydrology, dam design and construction, construction cost estimation, project management, gravel pits, pipelines, pump stations, water treatment, and other disciplines . 6. Provide a list of similar projects completed in the last five years by the key members of the proposed team to work on Halligan enlargement project. This is a critical portion of the proposal to be evaluated in order to help in the selection of the firm that can provide the needed technical services during the term of this contract. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 8 of 22 7. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past eight years and that have involved the staff proposed to work on this project. 8. Provide project personnel’s experience in NEPA/404(b) permitting processes and experience specific to permitting of Colorado Front Range water supply/development projects. 9. Include information regarding experience of personnel in performing MODSIM modeling is desired. 10. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. C. Scope of Services 1. Provide a detailed scope of work and cost estimate for Phase I – Permitting as listed in Section III.B., above. Specifically, the scope shall include at the minimum the following tasks: a. Alternative Development. As required by NEPA/404(b) permitting, several alternatives to the preferred alternative of enlarging Halligan Reservoir are currently under evaluation. Preliminarily, three alternatives have been identified for Fort Collins and four alternatives have been identified for NPIC that have the potential to potentially meet the purpose and need of the Halligan Reservoir Enlargement project. The alternatives being evaluated are pre-decisional, and details on their element cannot be currently disclosed. Approximately 50% of the engineering required for these alternatives has been previously prepared; however, additional engineering is required to refine the alternatives, as well as further evaluate their feasibility and costs. The successful consultant will be required to synthesize all previously prepared information to progress alternatives engineering. The consultant shall prepare feasibility level engineering, cost estimates, exhibits, reports, and presentations on the alternatives for submittal to the COE, as well as respond to engineering reviews by the COE and its third party consultants. A variety of potential alternatives are under consideration, and the successful consultant will be expected to provide engineering for infrastructure which may include but is not limited to: existing or new dams and reservoirs; existing and/or new gravel pits; water conveyance facilities including pipelines, pumping stations, canals, and diversions; irrigation systems; and water treatment facilities. b. Hydrologic Modeling. Alternatives will be modeled by Fort Collins and NPIC staff. The successful consultant may be required to review, execute, and/or modify models of alternatives prepared by staff. In addition, the consultant may be required to prepare hydrologic input for and interpret hydrologic output from MODSIM models. c. EIS Review. Numerous technical reports will be generated by the COE for the purpose of developing the EIS. These reports will be distributed to the City and its partners for review and response. The successful consultant will aid the City in reviewing the reports for technical accuracy specific to the engineering feasibility, infrastructure requirements, and cost estimates. In addition, the consultant shall review the preliminary draft, draft, and final EIS and assist in reviewing and responding to public comments on EIS materials. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 9 of 22 d. On Call Support. The successful consultant will attend project meetings with Fort Collins and NPIC staff; communicate with the COE, its third party consultants, and other project partners as needed; prepare presentations, reports, and recommendations; and assist with permitting tasks as requested. It is expected that project meetings with Fort Collins and NPIC staff will occur once every two weeks throughout the permitting phase. In addition, meetings with the COE and its third party consultants will occur monthly. D. Use of Subconsultants/Partners There may be areas for use of additional subconsultants or partners in this project. If you are utilizing this approach, your proposal must list the subconsultants’ personnel for this contract, their area(s) of expertise, and include all other applicable information herein requested for each subconsultant/partner. A brief one-half page résumé for each professional and technical person assigned to the contract, including partners and/or sub-consultants, shall be submitted. Hourly rates for the subconsultants shall be provided as well. Please keep in mind that the City will contract solely with your company, therefore subconsultants/partners remain your sole responsibility. E. Fees A current fee schedule for the awarded consultant and subconsultants assigned to the project. A work order contract will be used with a Scope of Work for each task order identified as the project progresses. Reasonable expenses will be reimbursable as mutually agreed at cost plus a reasonable administrative mark-up. Please indicate the percent mark-up for expenses. F. Additional Information Consultant may provide any additional information the Consultant feels will assist Utilities in their evaluation of the Consultant’s proposal. Limit the total length of your proposal to a maximum of 50 pages total (8 ½ x 11”, double sided) (excluding covers and dividers). The Director of Purchasing and Risk Management may reject proposals received that are longer than 50 pages in length. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 10 of 22 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby makes the following representations to Utilities: a. All of the statements and representations made in this proposal are true to the best of the Consultant’s knowledge and belief. b. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Consultant Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: 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: 918-42 Engineering Consulting 925-97 Water Supply, Treatment and Distribution Engineering 925-23 Dam Engineering 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 11 of 22 EXHIBIT B SAMPLE 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 any project Work Orders for RFP issued by the City. 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. No Work Order shall exceed $ . The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 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. 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 shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 12 of 22 the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 1] This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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 ( ) 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. 6. 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: 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. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 13 of 22 4. 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 $1,000,000, in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) 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. 8. Compensation. [Option 1] In consideration of the services to be performed pursuant to 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 14 of 22 this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 9. 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. 10. 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. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 15 of 22 11. 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. 12. 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. 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 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. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 16 of 22 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. 19. 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 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 17 of 22 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 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 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 18 of 22 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. 20. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 21. 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) page, attached hereto and incorporated herein by this reference. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 19 of 22 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 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 20 of 22 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: 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 shall control. The attached forms 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: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Director of Purchasing & Risk Management (if over $60,000.) Date: _______________________ 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 21 of 22 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. 7587 Engineering Services for the Halligan Reservoir Enlargement Project Page 22 of 22 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.