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HomeMy WebLinkAboutRFP - 8973 WATER QUALITY SERVICES FOR HALLIGAN WATER SUPPLY PROJECT8973 Water Quality Services for Halligan Water Supply Project Page 1 of 31 REQUEST FOR PROPOSAL 8973 WATER QUALITY SERVICES FOR HALLIGAN WATER SUPPLY PROJECT The City of Fort Collins is requesting proposals from qualified firms to provide scientific services related to water quality services and Clean Water Act 401 certification for the Halligan Water Supply Project. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on July 26, 2019 and referenced as Proposal No. 8973. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the project should be directed to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com in written format. Please format your e-mail to include: RFP 8973 Water Quality Services for Halligan Water Supply Project in the subject line. The deadline for question submittal is July 10, 2019 at 4:00 pm. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 92688 Storm Water Discharge Testing Services 92693 Testing and Monitoring Services for Air, Gas and Water 92169 Testing and Monitoring Services for Ari, Gas and Water 91888 Quality Assurance/Control Consulting Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from 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 8973 Water Quality Services for Halligan Water Supply Project Page 2 of 31 public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. 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. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director 8973 Water Quality Services for Halligan Water Supply Project Page 3 of 31 I. PURPOSE, LOCATION & BACKGROUND A. Purpose The City of Fort Collins is soliciting proposals from qualified consulting professionals to provide scientific services related to water quality services and Clean Water Act 401 certification to assist the City’s efforts related to permitting of the Halligan Water Supply Project (“Halligan Project”). B. Location Halligan Reservoir is located about 25 miles northwest of Fort Collins on the North Fork of the Cache la Poudre River in Sections 33 and 34, Township 11 North, Range 71 West, of the Sixth P.M., Larimer County, Colorado. Halligan Reservoir is approximately 14 miles northwest of Seaman Reservoir, which is at the confluence of the North Fork and main stem of the Cache la Poudre River. C. Background The Halligan Project will enlarge Halligan Reservoir, an existing reservoir on the North Fork of the Cache La Poudre River (“North Fork”), to help meet Fort Collins Utilities’ future water supply needs and provide increased reliability for current water customers. The Halligan Project would expand the reservoir by about 8,100 acre-feet from its existing capacity of about 6,400 acre-feet by increasing the height of the existing concrete arch dam by about 25 feet. To enlarge Halligan Reservoir, the City requires a permit and other legal authorization from the Omaha District of the U.S. Army Corps of Engineers (“Corps”) and other federal and state agencies. The Corps has determined that an individual permit under Section 404 of the Clean Water Act and an Environmental Impact Statement (EIS) under the National Environmental Policy Act (“NEPA”) are required for the Halligan Project. The City has been engaged in the federal permitting process since 2006 and anticipates that a draft EIS will be released in late-2019. Enlargement of Halligan Reservoir further requires certification under Section 401 of the Federal Clean Water Act. It is the responsibility of the Colorado Water Quality Control Division (WQCD) to determine whether to certify the project. Water Quality Control Commission Regulation 82 provides direction to the Division concerning the nature and scope of the evaluation of the potential water quality impacts. II. GENERAL SCOPE OF SERVICES FOR WATER QUALITY SERVICES In general, the Consultant will be responsible for supporting or leading data evaluation, modeling, analyses, and preparation of necessary applications for water quality work related to the Halligan Project or related to the 401 Certification Process. The selected Consultant will have expertise in the following: • Development of dynamic, mechanistic, hydrodynamic reservoir water-quality models. • Application of water-quality models to Colorado reservoirs, including simulating the effects of reservoir enlargement. • Development and use of dynamic, mechanistic stream temperature models. • Development and application of temperature models to Colorado rivers, including predictive simulations for complex, highly managed systems. • Use of water-quality models for regulatory purposes, including NEPA and 401 Certification in Colorado. 8973 Water Quality Services for Halligan Water Supply Project Page 4 of 31 • Establishing a successful working relationship with Colorado WQCD staff on regulatory issues, including development of 401 Certification applications and providing support for drafting conditions. • Recent (past 5 years) work on 401 Certification Applications in Colorado for water storage reservoir projects. • Identification of opportunities to collaborate and streamline water quality requirements for the 401 Certification Application and state Fish & Wildlife Mitigation Plan. • Writing detailed responses to comments. • Management of large projects. During the contract period, the Consultants may be requested to perform some or all the following services for the Halligan Project: • Review of water quality data and analyses performed to date for the Halligan Project. • Complete scientific studies, analysis, and reporting as required to support water quality needs for the Halligan Project. • Potentially collect water samples in a remote location. • Advise the City on environmental and permitting requirements related to the Halligan Project. • Coordinate with federal and state agencies and environmental groups. • Develop water quality model(s) as needed to support the permitting processes. • Develop application for the 401 Certification for the Halligan Project. • Deliver GIS and mapping capabilities. • Work with the City’s legal counsel to assist development of strategy and communications related to environmental permitting and mitigation. III. SCHEDULE A. PROCUREMENT SCHEDULE The procurement process will be a qualification-based, competitive process. The following procurement schedule is provided for planning purposes and is subject to change. B. PROJECT SCHEDULE The federal permitting process began in 2006 and a Draft EIS is slated for release in late- 2019. Work on the State Fish & Wildlife Mitigation Plan is planned to begin in 2020. Work Order #1 discussed below will begin shortly after the Work Order is executed, in order to support the State Fish & Wildlife Mitigation Plan. Preliminary work toward the 401 Certification application will likely begin in 2020. MILESTONE DATE (SUBJECT TO CHANGE) Issue RFP 6/26/2019 RFP Questions Due 7/10/2019 Proposals Due 7/26/2019 Interview (tentative) Week of 8/19/2019 8973 Water Quality Services for Halligan Water Supply Project Page 5 of 31 IV. ADDITIONAL INSTRUCTIONS FOR CONSULTANTS A. Interviews/Workshops In addition to submitting a written proposal, the top-rated Consultants may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section VI. B. Travel & Expenses Consultants are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the attached Fort Collins Expense guidelines. C. Subconsultants Consultants will be responsible for identifying any subconsultants in their proposal. Please note that the City will contract solely with the awarded Consultant; therefore subconsultants will be the responsibility of the Consultant. D. Financial Qualifications (CONFIDENTIAL) Consultants are to submit the most recent financial statement (audited preferred) including balance sheet and income statement, as well as a statement of cash flows. Also provide a banking reference (name, address and phone number). The financial information shall be submitted in a separate file marked Confidential. The financial information will be considered confidential commercial and financial data pursuant to the Colorado Open Records Act (C.R.S. 24-72-201 et. seq.). E. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. All work shall be performed in accordance with ANSI Z133.1 A300 and applicable OSHA and AWWA Standards. In addition, the Fort Collins Water Treatment Facility Standard Operating Procedure and EMS Guide for Contractors and Consultants are to be adhered to. Lack of compliance with these two documents is grounds for cancellation of the purchase order/agreement. F. Laws and Regulations The Consultant agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. The Consultant further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under and all state laws and regulations enacted and adopted pursuant thereto. G. Agreement & Term The intent of the City of Fort Collins is to award a contract to a qualified Consultant and subconsultants for the services outlined in this RFP. The Consultant and the City will enter into a Professional Services Agreement known as the “Master Agreement”. The Master Agreement contains the term and conditions of the contract, a general scope of work, hourly 8973 Water Quality Services for Halligan Water Supply Project Page 6 of 31 rates, insurance, etc. The Master Agreement will have a contract length lasting the duration of the Halligan Project. The Master Agreement will be effective for a period of one year from the date of the completed Professional Services Agreement, and will be renewable for up to four (4) additional one-year terms (one at a time), at the option of the City and if the Consultant is agreeable to the same terms and conditions contained herein. H. Work Order Procedure & Term Work will be conducted in phases under the Master Agreement and authorized by individual Work Orders (a sample is included in the attached Agreement) as the project progresses. The Consultant shall provide all personnel, equipment and supplies necessary to complete the services set forth in the scope of work. Each Work Order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include the Consultant’s quote which includes a detailed scope of work, project schedule, deliverables, number of hours, cost detail supporting total cost including hourly rates, personnel details, fee schedules and expenses. Fees outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. Fees will be firm for the first year of the agreement and negotiated in an “open book” manner in subsequent years. It is possible that the City will choose not to incorporate one or more portions of the general scope of services described in this RFPs into any contract(s) executed pursuant to RFPs. Similarly, additional similar services may be added to the Agreement if required. I. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Consultant each month following the submittal of a correct invoice by the Consultant indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Consultant and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. J. Non-Disclosure Agreement A sample copy of the Non-Disclosure Agreement the City will use for the services specified in this RFP is included for your review. The attached agreement is only a sample and is not to be completed as part of the proposal submittal. K. 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 Seaman 8973 Water Quality Services for Halligan Water Supply Project Page 7 of 31 Water Supply 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 Water Supply 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. V. PROPOSAL SUBMITTAL Respondents shall submit a proposal tailored specifically to work related to the Halligan Project. Proposals shall be limited to fifteen (15) single-sided pages and with a minimum of 10-point font for all text. A maximum of ten (10) 11x17 sheets are allowed and will each count as a single page. Cover page, table of contents, tabs (if used) and resumes will not be counted toward this page limit. The proposal shall follow the format presented below. For this section, Consultants are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Consultants propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Consultants include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary 1. The Executive Summary should highlight the content of the proposal and features of the program offered, explaining why the Consultant can provide the best value to the City. 2. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. 3. Included with this Request for Proposals is a sample contract that the City intends to use for obtaining the services of the Consultant(s). The Consultant is required to review this contract and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions in the Executive Summary. See attached contract in Section VIII. B. Company Information 1. Describe the Consultant’s business and background 2. Number of years in the business 8973 Water Quality Services for Halligan Water Supply Project Page 8 of 31 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal As part of this Proposal submission, Consultants are requested to submit a scope of work for the first phase (Phase 1) of water quality services: developing a water quality model of the existing Halligan Reservoir. The scope should be divided into task elements describing the Consultant’s intended efforts, assumptions, work to be completed, timelines, desired outcomes, and any unique approaches. Assumptions: A broad scope summary for Phase 1 is provided below. The Consultant should modify or augment these details as necessary to provide a comprehensive scope and cost for this first work order. Assumptions for the scope of work outlined below include the following: • Work on Phase 1 activities will begin as soon as a contract is executed. • Consultant should provide a realistic schedule for Phase 1 activities with the understanding that completion of Phase 1 activities is a high priority item for the City. • City of Fort Collins is looking for ways to streamline agency interactions and collaboration related to water quality requirements for various permitting processes. Ideas to help facilitate this process should be included. • Assume brief weekly check-in calls with the City Project Manager and several in- person meetings as necessary to support the scope below. Scope of Work 1. Review water quality data, analyses and documentation a. Review pertinent water-quality related information for Halligan Reservoir and the North Fork of the Poudre River. The City of Fort Collins staff collects samples from various locations within Halligan Reservoir and along the North Fork. Assume that these data don’t require additional quality control and are in a format that is organized for use. b. Review publicly available information by Water Quality Control Division or other agencies or partner organizations. c. Review available as-built information for Halligan Reservoir. d. Identification of additional data needs 2. Development and calibration of a water quality model of the Halligan Reservoir in its current condition. This model will provide information about water quality in the current Halligan Reservoir and to evaluate future impacts to water quality resulting from reservoir expansion. a. Selection of the appropriate model and that will satisfy agency requirements to support future 401 certification process. b. Determination of key constituents to be calibrated. c. Determination of calibration criteria 8973 Water Quality Services for Halligan Water Supply Project Page 9 of 31 d. Presentation of results to City staff e. Preparation of draft report documenting findings and recommendations for next steps. 3. Time for conference calls and meetings to support this phase of work. 4. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. Include a description regarding how the analysis will be performed for the various identified areas identified, the methods and assumptions used, and the limitations of the analysis. D. Assigned Personnel & Firm Capability 1. Provide an organization chart identifying the team structure and titles. The chart should include all resources (including subconsultants) anticipated for the project and their specific roles and responsibilities. 2. Submit qualifications and resumes (maximum of 2 pages each) of individuals (including subconsultants) proposed to fill key positions. Team qualifications and individual resumes should highlight experience and capabilities related to the following: a. Development of dynamic, mechanistic, hydrodynamic reservoir water-quality models. b. Application of water-quality models to Colorado reservoirs, including simulating the effects of reservoir enlargement. c. Development and use of dynamic, mechanistic stream temperature models. d. Development and application of temperature models to Colorado rivers, including predictive simulations for complex, highly managed systems. e. Use of water-quality models for regulatory purposes, including NEPA and 401 Certification in Colorado. f. Examples of previous and recent work with the Colorado WQCD staff on regulatory issues, including development of 401 Certification applications and providing support for drafting conditions. g. Recent (past 5 years) work on 401 Certification Applications in Colorado for large water projects. h. Identification of opportunities that help streamline water quality requirements and decisions related to the 401 Certification Application and state Fish & Wildlife Mitigation Plan. i. Writing detailed responses to comments. j. Management of large projects k. Ability to work collaboratively with owners, other consulting firms, Contractors, subcontractors and other project stakeholders. 3. Provide five (5) client references that the City may contact concerning performance on current or recent projects, complete with address, email address, phone numbers, and contact persons, including at least one municipality or public entity for whom the Consultant has done work within the past three (3) years. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section VI: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. 8973 Water Quality Services for Halligan Water Supply Project Page 10 of 31 F. Cost and Work Hours As part of this Proposal submission, Consultants are requested to submit a cost estimate for the first phase (Phase 1) of water quality services: developing a water quality model of the existing Halligan Reservoir. Travel expenses will be reimbursable as per the attached Fort Collins Expense Guidelines. Consultant will be required to provide original receipts to the City for all travel expenses. Total price is a small percentage of the evaluation criteria. The fee proposal requirement is meant to provide the City with understanding on how the Consultant intends to involve and assign personnel to specific task elements and if the scope of work and cost are reasonable for this phase of work. Cost Estimate a. Provide a fee proposal spreadsheet for the scope of work outlined above. Identify individual tasks, employees (including subconsultants), and estimated hours with hourly rates anticipated for each task. Provide estimated hours for each proposed task, including the time required for meetings, conference calls, etc. b. Provide a fee schedule that includes the percent markup for subconsultants and expenses if applicable. The fee schedule will be firm for at least one (1) year from the date of the Agreement and will be used as a basis for determining fees should additional services be necessary. c. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement for primary Consultant and all subconsultants. These fee schedules will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for sub-consultants, if used, shall be included. G. Additional Information Provide any information that distinguishes Consultant from its competition and any additional information applicable to this RFP that might be valuable in assessing Consultant’s proposal. H. Proposal Acknowledgement. A Proposal Acknowledgment form is attached in Section VII. Complete the attached form indicating the 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. VI. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Consultants will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Consultants may be conducted. 8973 Water Quality Services for Halligan Water Supply Project Page 11 of 31 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 40% Scope of Proposal • Does the proposal address all elements of the RFP? • Does the proposal show an understanding of the overall project objectives, methodology to be used and results/outcomes required by the project? • Are there any exceptions to the specifications, Scope of Work, or agreement? 30% Assigned Personnel & Firm Capability • Do the persons who will be working on the project have the necessary skills and qualifications? • Are sufficient people of the requisite skills and qualifications assigned to the project? • Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in-budget? • Has the firm successfully completed previous projects of this type and scope? 5% Sustainability/TBL Methodology • Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 20% Example Scope of Work • Does the scope of work show a detailed and thoughtful approach? • Are the work hours and assigned personnel presented reasonable for the level of effort required in each project task or phase? • Can the work be completed in a timely manner? 5% Fee Proposal & Rate Structure • Does the proposal include a detailed cost break-down for each cost element? • Are the work hours and assigned personnel presented reasonable for the level of effort required in each project task? • How do hourly rates compare with the market? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” 8973 Water Quality Services for Halligan Water Supply Project Page 12 of 31 B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Consultant 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 Consultant responsive to client needs; did the Consultant 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? If Consultant administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 8973 Water Quality Services for Halligan Water Supply Project Page 13 of 31 VII. PROPOSAL ACKNOWLEDGEMENT Vendor hereby acknowledges receipt of the City of Fort Collins 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, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed 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. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: COMPLETE, SIGN & RETURN WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 14 of 31 VIII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) PROFESSIONAL SERVICES AGREEMENT WORK ORDER 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 the "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 $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s) and is incorporated herein by this reference. 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, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule 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 , 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. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 15 of 31 contract end. 5. 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. 6. 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 attorney’s 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 insurance 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 the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ), in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. 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. 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. Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 16 of 31 8. 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 in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, 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. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 10. City Representative. The City will designate, prior to commencement of the 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. 11. Project Drawings. Upon request 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 quality, 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 owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 12. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 17 of 31 and every thirty (30) days thereafter, the 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. 13. Independent Contractor. The services to be performed by the 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 the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 14. Subcontractors. The 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. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 15. 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. 16. 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 Wtork. 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. 17. 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. Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 18 of 31 18. 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. 19. 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. 20. 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. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The 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. The 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. The 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 the Professional obtains actual knowledge that a subcontractor performing work Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 19 of 31 under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the 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 the 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. The 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 the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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 the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. 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. Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 20 of 31 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 21 of 31 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City PM/Engineer OWNER’S REPRESENTATIVE: City PM WORK ORDER COMMENCEMENT DATE: WORK ORDER 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 Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master 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 after all parties have signed this document. PROFESSIONAL: Professional's Name By: Date: Name: Title: Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 22 of 31 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference. ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer APPROVED AS TO FORM: Date: Name,City Attorney's Title (if greater than $1,000,000) ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Kevin Gertig, Utilities Executive Director (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) ACCEPTANCE: Date: Darin Atteberry, City Manager (if greater than $1,000,000) ATTEST: Date: City Clerk (if greater than $1,000,000) Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 23 of 31 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Company Name By: Date: Name: Title: ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 24 of 31 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 25 of 31 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 26 of 31 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 27 of 31 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non-documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 28 of 31 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. 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 City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 29 of 31 Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors. Professional may use subcontractors, though such activity shall not release or absolve Professional from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor Professional may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Professional and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Professional can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Professional breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Professional’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Professional acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Professional agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement. Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 30 of 31 EXHIBIT FORT COLLINS EXPENSE GUIDELINES FOR 2019 Lodging, Per Diem Meals and Incidentals and Other expenses: Effective as of October 1, 2018 Lodging: • Hotels will be reimbursed at $116/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation. • Hotel taxes do not count to the $116 limit, i.e. the rate is $116 plus applicable taxes. • Receipts are to be provided. • Actual expense will apply Meals and Incidentals Expenses (M&IE): In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines. • Daily rate: $61 • The M&IE is further broken down by: Breakfast: $14 Lunch: $16 Dinner: $26 Incidentals: $5 • Travel Days rate: 75% of $61 = $45.75 Incidentals are defined as: fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses. Meals and incidental expense (M&IE) rate does include taxes and tips in the rate, so travelers will not be reimbursed separately for those items. Vehicle Expenses: • All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower. • If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The standard for determining total mileage is the most direct route from the firm’s primary place of business to the City. • Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2019 is $0.58. • Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins. Extra Ordinary Cost • Prior authorization required. Expenses Not Allowed • Liquor, movies, or entertainment (including in-room movies); • Sporting events; • Laundry, dry-cleaning or shoe repair; • Personal phone calls, including connection and long-distance fees; • Computer connections • Other personal expenses not directly related to City business; Official Purchasing Document Last updated 10/2017 8973 Water Quality Services for Halligan Water Supply Project Page 31 of 31 • Convenience charges; • Rescheduling Airline Charges not related to City requirements. • Excessive meal tip amounts generally over 20%; • Delivery fees shall not exceed 10% of the total bill, if not already included; • Hotel Cleaning Tips; • Extra Baggage for one day trips; • Air Travel (when local); • Items that are supplied by the City. Time Frame for Reporting • Per contract (every 30 days).