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HomeMy WebLinkAboutRFP - 9003 ENVIRONMENTAL LEARNING CENTER FLOW RESTORATION PROJECTRFP 9003 Environmental Learning Center Flow Restoration Project Page 1 of 32 REQUEST FOR PROPOSAL 9003 ENVIRONMENTAL LEARNING CENTER FLOW RESTORATION PROJECT The City of Fort Collins is requesting proposals from qualified Consultants for design services to rebuild a diversion structure on the Poudre River in east Fort Collins. The firm will also be expected to provide engineering support and construction oversight during the construction phase. As part of the City’s commitment to Sustainable Purchasing, electronic submission is preferred. Proposals shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. Proposals must be received before 3:00 p.m. (our clock) on September 23, 2019 and referenced as Proposal No. 9003. 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. A pre-proposal meeting and site walk will be held at 2:00 PM MST, on August 29, 2019 at the Environmental Learning Center, 2400 Environmental Drive, Fort Collins. All questions should be submitted, preferably in writing via email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com, no later than 4:00 PM MT (our clock) on September 6, 2019. Please format your e-mail to include: 8821 Independent Cost Estimating Services in the subject line. 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. 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): 90735 Architectural and Engineering Services 92597 Engineering Services, Professional Water Supply, Treatment & Dist./Engineering 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 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 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9003 Environmental Learning Center Flow Restoration Project Page 2 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 3 of 32 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The goal of this project is to rebuild a diversion structure on the Cache la Poudre River (Poudre, hereafter) to maintain a historic instream water right held by the City of Fort Collins (City, hereafter). The City is requesting proposals from qualified Consultants to provide design and permitting services for the diversion structure. The firm will be also be expected to provide engineering support and construction oversight during the construction phase. The diversion will be designed to divert flows (approx. 30 cfs in summer [May 1-Aug 31] and 10 cfs in winter [Sept 1-Apr 30]) from the Poudre River into a low flow channel that runs south through Colorado State University’s Environmental Learning Center (ELC). Flows re-enter the main stem of the Cache la Poudre River after flowing for approximately three quarters of a mile through the historic channel. B. Background Project Site: The project site is located on the Poudre River in the City of Fort Collins, Colorado (see separately issued map titled ELC Location Map). Specifically, the project area is in east Fort Collins near the Drake Water Reclamation Facility at Colorado State University’s ELC. The diversion site is located approximately 500 feet downstream of the Fossil Creek Reservoir Inlet Ditch Diversion Dam (see map titled ELC Project Site Map). The lands surrounding the site are owned by CSU and are primarily used for outdoor education activities. The City has an existing agreement with CSU to maintain a diversion structure at this location. The project reach is delineated by the Federal Emergency Management Agency (FEMA) as a Zone AE with regulatory 0.5 ft floodway (see map titled FEMA Flood Risk Map. The project reach is within the City of Fort Collins. The diversion structure will be considered fill within a regulatory floodway and would typically be required to meet no-rise standard. If a no-rise standard cannot be met, the project will be required to submit a Conditional Letter of Map (CLOMR) to FEMA. Riparian Condition: The main channel of the Poudre River immediately downstream of the diversion site contains some of the highest quality riparian habitat found in the urban reaches of the river. The channel becomes multi-threaded and contains a wide riparian zone that allows water to flow into a broad floodplain. While the floodplain connection at the site results in some of the broadest swathes of floodplain riparian forest along the urban Poudre River, low base flows in this reach during the fall and winter (median of 5 to 22 cfs) result in poor conditions for resident fish populations (USGS Boxelder Gauge Data 1979-2019 https://waterdata.usgs.gov/nwis/uv?06752280). To avoid future flow depletions in this reach, the new diversion structure will need the capability to keep water in the main channel throughout most of the year. The historical channel of the Poudre River was formerly the main channel of the Poudre River. During the spring runoff of 1984, the river avulsed and formed a new channel which is now the present-day main channel. The historical channel is dry throughout most of the year but does receive flows during spring runoff. For example, in June 2019 water was flowing through the historic channel when gauge data from the nearby Boxelder gauge indicated flows in the main channel were approx. 500 cfs. The historic channel’s course runs south, initially meandering somewhat parallel to the FCRID. RFP 9003 Environmental Learning Center Flow Restoration Project Page 4 of 32 Structure History: The City has constructed low-flow diversion dikes, also known as earthen push-up dams or fuse plugs, at this location on several separate occasions to divert flows from the main channel of the Poudre River into the historical channel that runs south through the ELC. All these structures performed as designed and ultimately failed at high flows. The goal of this effort is to develop a replacement diversion structure. Design Considerations: The City is seeking to rebuild the ELC diversion structure to meet the following criteria: • Designed to divert up to 30 cfs into the historic channel • Capability to move water in between the current channel and the historical channels at different times • Conforms to and complies with all regulatory permit requirements • Incorporates a flow gauge • Minimizes short-term and long-term ecological degradation of the Poudre River • Incorporates effective fish passage • Incorporates habitat and river function improvements in the immediate project area pending availability of funding • Deployable at any time without long delays in set up. This water right only needs to be exercised occasionally, so structure must have by-pass feature II. SCOPE OF PROPOSAL A. Scope of Work The City is seeking a qualified firm to produce 100% engineering designs, construction cost estimates, obtain an approved CLMOR from FEMA, provide permitting consultation, and engineering support during construction for the ELC diversion structure. The firm will also be expected to provide engineering support and construction oversight during the construction phase. Major project tasks are included below but are not limited to the items below. Phase 1: Data Collection & Design Development Project Management The selected firm will attend a project grounding discussion to understand full scope and history of project, a kick-off meeting, and regularly scheduled progress design status meetings with City staff. Project meetings will likely consist of bi-weekly conference calls or in-person meetings to facilitate discussion of design-related questions and to share information and progress. The firm will collect relevant data regarding the project site which may include wetland delineation, surveys for Threatened & Endangered Species, cultural and historical resources, tree surveys, topography, utility line locations, and geotechnical surveys. Due to Colorado State Law SB 18-167 regarding utility investigation during design, the Consultant (or subconsultant) will be required to perform a Subsurface Utility Engineering (SUE) plan in accordance with State law. This shall include a utility plan developed to Quality Level B or better per ASCE standards and stamped by a licensed Professional Engineer in the State of Colorado. The licensed engineer shall be ASCE 38 certified. • The Consultant (or subconsultant) shall have a thorough understanding of subsurface utility engineering and associated standards and requirements RFP 9003 Environmental Learning Center Flow Restoration Project Page 5 of 32 • It is anticipated that final SUE plans will be delivered after 30% design, however, preliminary work will likely be required during preliminary design. The same Consultant/subconsultant should be used to complete the both the SUE plan and preliminary design. • The Consultant shall provide plan sheets to be incorporated into the project plan set, utility logs, memos, utility research, existing plans and as-builts, as well as other information obtained and developed through the SUE process to the City. Develop and Model Design Alternatives The selected firm will develop design alternatives using an iterative process. The selected firm will provide several design variations along with design-support modeling and thorough analysis of hydraulic function, stability, sediment transport, aesthetics, floodplain mapping, and scour issues. All alternatives must meet all local, state, and federal floodplain requirements. A matrix will be provided with impacts analysis provided for each alternative (e.g. geomorphology, floodplain, wetlands, water rights, permitting requirements). Potential U.S. Army Corps of Engineers (USACE) permitting requirements will be provided for each alternative. The City, together with input from the firm, will select the preferred alternative. Phase 2: 60% Design & Construction Cost Estimate Design report & Permitting Checklist The firm will prepare a 60% design following the selection of a preferred alternative. Technical specifications, USACE permits, and cost estimates will be part of this design milestone. A draft design report will be included detailing assessment and feasibility of the diversion structure. The firm will identify all necessary permits and will initiate the permitting process at 30% design stage. A permitting checklist will be provided to the City detailing required permits and timelines. The selected firm will be responsible for identifying FEMA permitting associated with this project and initiating the permitting process, including CLOMR. The firm will coordinate FEMA permitting with the City Floodplain Administrator. CLOMR Submittal At 60% design, if there is confidence in the details of the hydraulic structure, the Consultant will be asked to begin the CLOMR submittal. This will involve review through the City of Fort Collins prior to submittal to FEMA. All modeling and reports shall follow the City of Fort Collins Floodplain Modeling Guidelines at https://www.fcgov.com/utilities/img/site_specific/uploads/floodplain-modeling-report- guidelines.pdf?1522697631. The Consultant will be responsible for all submittal packages and response to comments from both the City and FEMA. Phase 3: 100% Design & Cost Estimate of Final Build Phase 3 is currently unfunded, but the City will be exploring and pursuing funding for this phase of the project. After 60% design approval from City, the firm will incorporate any necessary changes or revision and complete a 100% design plan. The firm will provide site analysis drawings, sketches (e.g. cross sections, profiles) for the diversion structure and the project area, and a final plan set drawing of each structure. A final report will be submitted to the City that includes all modelling, physical, environmental, and technical information gathered and analyzed to support the alternatives and final design. A detailed cost estimate will be provided of final build costs. RFP 9003 Environmental Learning Center Flow Restoration Project Page 6 of 32 Phase 4: Construction Support The firm will be expected to provide engineering support and construction oversight during the construction phase. Phase 4 is currently unfunded as well. B. Deliverables/Milestones Milestone Date Design Alternatives Complete Dec 2019 30% Design & Permitting Review Report Jan 2019 60% Design & Prelim. Cost Estimate Complete March 2020 CLOMR submittal June 2020 100% Design & Final Cost Estimate Complete Fall 2020 – Spring 2021 C. Minimum Qualifications The selected firm shall have at least the following team members listed below: • Licensed professional civil engineer with expertise designing diversion structures and conducting hydraulic and hydrologic analyses as well as proven experience with FEMA CLOMR submittals • Geomorphologist with experience in fluvial process, sediment transport analysis, and floodplain development • Experienced river restoration and wetland ecologist • Staff member with experience in Section 404 permitting and relevant state and local permitting D. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: August 16, 2019 • Pre-Proposal Meeting: 2:00 PM MST on August 29, 2019 • Question deadline: 4:00 PM MST on September 6, 2019 • Proposal due date: 3:00 MST (our clock) on September 23, 2019 • Interviews (tentative): October 14 & 15 E. Budget The budget for this project is limited to a maximum of $500,000 for Phases 1 and 2. Phase 3 & 4 are currently unfunded, but the City will be pursuing funding for these phases of the project through the budget process. F. Interviews 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 7 of 32 evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. G. Travel & Expenses Contractors are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the attached Fort Collins Expense guidelines. H. Subcontractors Consultants will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Consultant; therefore subcontractors will be the responsibility of the Consultant. I. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, resumes table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. J. 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. These financial documents will be kept confidential. K. 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. L. Fees, Licenses, Permits The successful Consultant shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. M. Laws and Regulations The Consultant agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. RFP 9003 Environmental Learning Center Flow Restoration Project Page 8 of 32 N. Work Orders The awarded Consultant(s) will be expected to sign the City’s standard work order type services agreement, a sample of which is attached as Section VI for reference purposes. In the event that the City has agreements with multiple Consultants for the Work, the City reserves the right to choose which Consultant to contact regarding the project, unless order of preference has been established during the contracting process. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the agreement). 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 a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. No work order over $5,000 will be considered valid until signed, at a minimum, by the Consultant, project manager and Purchasing Department representative. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the agreement) and will not be considered valid until signed, at a minimum, by the Consultant, project manager and Purchasing Department representative. O. 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. III. PROPOSAL SUBMITTAL 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. RFP 9003 Environmental Learning Center Flow Restoration Project Page 9 of 32 A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal including a general description of the services offered and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Consultant Information 1. Describe the Consultant’s business and background 2. Number of years in the business 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). Complete Section V, Vendor Statement. C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe the firm’s approach to developing a set of design alternatives, as well as methods and timeline your firm will use with the City’s Project Manager and other parties. 3. 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. 4. Identify what portion of work, if any, may be subcontracted. D. Firm Capability & Assigned Personnel Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. An Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub consultants with titles and their specific task assignment for this Agreement shall be provided in this section. 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. Include project team’s relevant project experience in the following areas: experience in diversion design that considers multiple objectives, fish passage, design and/or build contracting, fluvial geomorphologic analysis, hydrologic and hydraulic modeling, SUE experience, ecological and wetland restoration, permitting, preparation of construction drawing and tech. specs, and preparation and submittal of FEMA RFP 9003 Environmental Learning Center Flow Restoration Project Page 10 of 32 CLOMRs. Whenever possible, please identify the location of relevant projects, scope of project, year completed, and name of project manager and project engineer(s). 3. Provide similar projects with public agencies in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. 4. An example of a project where you’ve worked with your subconsultants. List the subconsultant firm(s) for this Agreement, their area(s) of expertise, and include all other applicable information herein requested for each subconsultant. Identify what portion of work, if any, may be subcontracted. 5. 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 five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. 6. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. 7. A resume for each professional and technical person assigned to the Agreement, including partners and/or sub consultants, shall be submitted. The résumés shall include at least three individual references from previous assignments. Please limit resumes to one page. 8. Some functions of this project may require the use of subconsultants. If you intend to utilize subconsultants you must list each and provide resumes for their key personnel. 9. Describe the availability of project personnel to participate in this project in the context of the contractor firm’s other commitments. 10. Provide a list of similar projects completed in the last five (5) years by the key members of the proposed team. 11. Explain any concerns Consultant may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. E. Availability 1. Can the work be completed in the necessary timeframe and will milestone be met? 2. Are other qualified personnel available to assist in meeting the project schedule if required? 3. Is the project team available to attend meetings as required by the Scope of Work? RFP 9003 Environmental Learning Center Flow Restoration Project Page 11 of 32 4. Provide an outline of the schedule for completing tasks. 5. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. F. 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 IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. G. Cost and Work Hours Reasonable expenses will be reimbursable as per the attached Fort Collins Expense Guidelines exhibit in the Sample Agreement. Consultant will be required to provide original receipts to the City for all reimbursable expenses. In your response to this proposal, please provide the following for Phase 1, 2 and 3: 1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section. Provide a total not to exceed figure for each phase of the Scope of Proposal. Price all additional services/deliverables separately. 3. 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. This fee schedule 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. Include a per meeting rate in the event additional meetings are needed. A fee schedule for subconsultants, if used, shall be included. 4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Travel expenses may 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. H. 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. IV. 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. RFP 9003 Environmental Learning Center Flow Restoration Project Page 12 of 32 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 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the 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? 3.0 Firm Capability & Assigned Personnel 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? 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? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 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? 2.0 Cost & Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? 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 by each project task or phase? 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”. RFP 9003 Environmental Learning Center Flow Restoration Project Page 13 of 32 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.” 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? RFP 9003 Environmental Learning Center Flow Restoration Project Page 14 of 32 V. VENDOR STATEMENT 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: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 9003 Environmental Learning Center Flow Restoration Project Page 15 of 32 VI. 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 16 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 17 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 18 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 19 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 20 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 21 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 22 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 23 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 24 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 25 of 32 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9003 Environmental Learning Center Flow Restoration Project Page 26 of 32 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9003 Environmental Learning Center Flow Restoration Project Page 27 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 28 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 29 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 30 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 31 of 32 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 RFP 9003 Environmental Learning Center Flow Restoration Project Page 32 of 32 • 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).