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HomeMy WebLinkAboutRFQ - REQUEST FOR QUALIFICATION - 9039 CONTRACTOR SERVICESStatement of Qualifications 9039 Contractor Services for Halligan Water Supply Project Page 1 of 18 STATEMENT OF QUALIFICATIONS 9039 CONTRACTOR SERVICES FOR HALLIGAN WATER SUPPLY PROJECT The City of Fort Collins is requesting a Statement of Qualifications (SOQ) from qualified Contractors to provide services related to design/preconstruction support and construction for the Halligan Water Supply Project. As part of the City’s commitment to Sustainable Purchasing, electronic bid 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. Proposals must be received before 3:00 p.m. (our clock) on November 6, 2019 and referenced as RFP No. 9039. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. All questions should be submitted in writing via email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com. Final questions shall be submitted no later than 4:00 PM MT (our clock) on October 25, 2019. Please format your email to include: 9039 Contractor Services for Halligan Water Supply Project in the subject line. Following the completion of this qualification phase of the competitive selection process, and at the discretion of the City, an invitation will be extended to qualified firms to participate in a mandatory question and answer discussion period, a site visit, and a subsequent Request for Proposal. The meetings will be held at the Utility Services Center at 700 Wood St., Fort Collins, CO and on-site at Halligan Reservoir. These appointments will be the only opportunity Contractors will have to discuss the project needs, including the Alternative Product Delivery System (APDS) delivery methodology and the project details, with the team until the question period during the RFP. Contractors who are invited to visit the site and to participate in the question and answer discussion prior to the Request for Proposals will be required to sign the attached Non-disclosure form. The form will be completed and sent to those firms who schedule an appointment and must be returned prior to the firm’s appointment. 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. Public Viewing Copy: The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 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 Statement of Qualifications 9039 Contractor Services for Halligan Water Supply Project Page 2 of 18 ‘Proprietary’ in their entirety. All provisions of any contract resulting from this Statement of Qualifications will be public information. Firms are allowed to submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the firm will redact all text and/or data that it wishes to be considered confidential and denote the information as “proprietary” or “confidential”. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. Sincerely, Gerry Paul Purchasing Director Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 3 of 18 A. INTRODUCTION AND BACKGROUND 1. PURPOSE The purpose of this Statement of Qualifications (SOQ) is to receive and evaluate statements of qualifications from firms (Contractor and Subcontractors) to provide General Contractor services and work with the City of Fort Collins (City) and its engineering consultant on design and construction phases of the Halligan Water Supply Project (Halligan Project).Through this SOQ, the City will prepare a shortlist of qualified Contractors from which to solicit a proposal for design/preconstruction support and construction of the Halligan Project, through a subsequent Request for Proposal (RFP) process. Only Contractors who are determined by the City, at its sole discretion, to meet the qualifying criteria outlined herein will be selected to participate in the RFP phase of the competitive selection process. The eventual awarded Contractor may be retained by the City to provide design/preconstruction support, cost estimation, risk assessment, constructability review, construction services and other services as needed for the Halligan Project. The City makes no assurance that any specific service described in this SOQ will be needed during the term of any contract that may be awarded pursuant to the RFP. It is also possible that the City may choose not to incorporate one or more requirements of the general scope of services described in this SOQ into any contract(s) awarded. 2. 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. 3. NEED The Halligan Water Supply Project will enlarge Halligan Reservoir by raising the height of the existing dam approximately 25 feet, to add additional storage capacity of 8,125 ac-ft to the existing reservoir. The Halligan Project is needed to meet demand of future Fort Collins Utilities’ customers with a secondary benefit of added reliability for current customers. Without additional storage, these customers are vulnerable to interruptions in water availability and delivery, particularly during prolonged drought, emergency situations, and uncertainties associated with climate change. Fort Collins acquired Halligan Reservoir in 2004. The reservoir currently supplies water to shareholders of North Poudre Irrigation Company (NPIC) who operates the dam. The enlargement will result in inundation of approximately 130 acres of land, including approximately ¾- mile of stream channel of the North Fork, upstream of Halligan Reservoir. 4. EXISTING DESIGN AND CONSTRUCTION HISTORY Construction of the on-channel dam began in 1907 and shortly thereafter was stopped due to a funding shortage, allowing only completion of the dam foundation. The dam was originally designed as a large cyclopean masonry dam with a gravity section. In 1909, the dam was redesigned into a smaller arched reinforced cyclopean masonry dam. The redesigned dam was centered on the previously constructed foundation and was approximately 30 feet lower than the original design. The dam includes an over-the-dam spillway and reinforcement near the upstream face. Construction of the dam resumed in Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 4 of 18 1909 and was completed in 1910. The dam is founded on Precambrian granite bedrock and constructed of concrete comprised of Portland cement and locally obtained crushed rock aggregate. Boulders as large as one to two cubic feet, known as plums, were placed in the concrete of the lower half the dam, which is typical of cyclopean masonry dams. The existing dam has a maximum section of about 95 feet from the base of the foundation to the dam crest. The crest elevation of the dam has an approximate length of 357 feet as measured along the arc. The spillway is approximately 110 -ft wide and 9.7-ft deep. The outlet consists of two 34-inch diameter steel pipes controlled with 36-inch diameter gates located on the upstream face of the dam. The outlet can release up to 500 cubic feet per second (cfs). When the reservoir exceeds the crest height of the dam, water spills over the dam. This spillway discharge event typically happens during each snowmelt season. Additional information such as drawings, studies, analyses and reports will be provided during the RFP phase of the competitive selection process. 5. PERMITTING To enlarge Halligan Reservoir, the City requires authorization under Section 404 of the Clean Water Act (CWA) from the Omaha District of the U.S. Army Corps of Engineers Corps. The National Environmental Policy Act (NEPA) requires consideration of potential environmental effects of any major federal action. To comply with NEPA, the Corps is required to prepare an environmental analysis. An Environmental Impact Statement (EIS) is currently being drafted by the Corps to summarize potential effects on human health and the environment from the Halligan Project and other identified alternatives. The draft EIS is scheduled for release for public review and comment by the end of 2019. The City intends to issue a Conceptual Mitigation Plan concurrently with the draft EIS. The Conceptual Mitigation Plan will summarize Fort Collins’ proposed avoidance, minimization, mitigation, and voluntary enhancement actions related to the Halligan Project. 6. FUNDING A cost estimate prepared in 2019 projected total project costs between $100 million and $150 million with a most probable cost of $120 million. This cost estimate includes design, construction, permitting, mitigation, and real estate acquisition, as well as $19 million spent to date. This cost estimate is based on a highly conceptualized design and limited mitigation information and will be refined after preliminary design is complete. Funding for the project is already appropriated for the permitting and design phases to include initial preconstruction support with the selected Contractor team. However, the construction phase of this project is not yet funded and will be subject to the City securing bonds and City Council appropriation of funds. B. DELIVERY APPROACH The Halligan Project will be managed using Fort Collins Utilities’ Alternative Product Delivery System (APDS). Experience with the APDS or a similar alternative delivery method of design and construction is critical for the Contractor team. The Contractor team will be part of a project team consisting of the City’s Program Manager, Project Manager(s) and other City staff, and the project engineering consultant team. The Consultant team was previously selected through a similar competitive selection process. This team will work together from the start of design through Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 5 of 18 completion of construction. Each team member will have significant involvement in the design and construction concepts that are utilized. Participation by all team members throughout the Halligan Project is expected to allow innovation and enhance project quality and value. There may be a time during the design and pre-construction phase where co-location of the project team will add value. It is the expectation that key team members accommodate this need. C. SCHEDULE 1. PROCUREMENT SCHEDULE Procurement of the Contractor team will be a qualification-based, competitive process involving two stages: a. The first stage of the competitive selection process is this Statement of Qualifications (SOQ), where interested respondents will prepare and submit a qualifications proposal. The City will select qualified teams based on the criteria outlined in Section F of this SOQ. b. Qualified Contractors, as determined at the City’s sole discretion, will be invited to attend individual mandatory meetings with City staff to further discuss the Halligan Project and APDS delivery methodology. Qualified Contractors who plan to propose on the Project will be required to attend a mandatory site visit and participate in a question and answer discussion before the RFP is released. At the City’s discretion, site visits may be hosted with individual contractors or as a group. c. The second stage of selection will include an RFP, where prequalified Contractors will submit a technical proposal for services during design/preconstruction and construction of the Halligan Project. The technical proposal will include the Contractor’s project execution plan, detailed team organization, possible innovative approaches, project specific challenges and other submittal requirements stated in the RFP. The RFP will request a fee estimate for professional services during the design phase to include hourly rates, markups and direct costs. Also requested in the RFP will be construction overhead and profit rates, markups, equipment & labor rates. Additionally, the RFP will request an example price for a particular phase of work that will allow the Contractor to demonstrate their logical process in building an estimate. The selected firm is expected and required to have a completely open book policy on all pricing of work. The final step of the competitive selection process will include an interactive workshop led by the Contractor. The workshop is intended to be an open dialogue between the City's selection team and the Contractor’s team that will further expand elements submitted in the proposals. d. After the workshop, the City, at their sole discretion, will choose the Contractor team that is best suited for the project. Following selection, the Contractor and the City will enter into a Master Services Agreement with the contract length lasting for the duration of the project. This Master Agreement will cover the design/preconstruction and construction phases of work. It is anticipated that design/preconstruction and construction work will be conducted in phases, with Work Orders negotiated and Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 6 of 18 issued for each phase of work as the project progresses. The following procurement schedule is provided for planning purposes and is subject to change. Final procurement documents will include updates to the procurement schedule. MILESTONE DATE (SUBJECT TO CHANGE) Issue SOQ 10/11/19 SOQ Final Questions Due 10/25/19 Qualifications Due 11/06/19 Short List Determined 11/12/19 Site Visit and Q/A 11/18/19 12/06/19 Issue RFP 12/13/19 RFP Questions Due 01/20/20 Proposals Due 01/31/20 Short List Determined 02/14/20 Workshop 03/02/20 03/13/20 Begin Contract Negotiations 03/16/20 Begin Design w/Consultant team (tentative) May 2020 2. PROJECT SCHEDULE The schedule for construction of the enlargement of Halligan Reservoir is primarily dictated by the permitting process and project funding. Permitting with the Corps began in 2006 and is anticipated to be complete around 2022. In addition to the federal permitting process, permits are required from other federal, state and county agencies prior to construction. To expedite transition from permitting to construction, design of the enlargement of Halligan Reservoir is anticipated to be conducted in parallel with permitting, beginning in 2020. Design will be conducted in phases, as agreed upon by the team. Preliminary design is planned to begin in early 2020 and final design will likely not be complete until after a Record of Decision is issued by the Corps. MILESTONE 2019 2020 2021 2022 2023 2024 2025 2026 Federal Permitting Other (State/County) Permitting Preliminary Design Final Design Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 7 of 18 Construction Enlarged Halligan Operation D. GENERAL SCOPE OF SERVICES FOR DESIGN OF HALLIGAN RESERVOIR A more detailed scope of services will be provided in the RFP document following the qualification process. In general, the Contractor will be responsible for early contractor engagement to influence the design for more efficient construction. Because the Contractor is being selected for both the preconstruction and construction phases of service and due to the opportunity for the Contractor’s team to provide input to the design, it is expected that significant unforeseen changes, delays and risks will be avoided and that best value will be realized. The Contractor’s effort will consist of two phases. 1. Phase 1 - Design / Preconstruction. a. Expected timeframe: 2020-2023. b. The Contractor and Contractor’s team will be an actively engaged member of the project through all design milestones. The Contractor will be expected to provide constructability review and construction planning including scheduling, design alternatives and detailed cost estimates and pricing to include competitive quoting at various design milestones. A third party independent cost estimate (ICE), contracted separately by the City, will be completed at various design milestones as determined by the City with input from the project team. This information will be reviewed, discussed, and consensus reached by the project team for the execution, schedule and cost for each major decision. At various design milestones, the Contractor team, Consultant team and third party independent cost estimator will discuss and reconcile cost estimates. c. This phase of work will be based on hourly rates for assistance with design. 2. Phase 2 – Construction a. Expected timeframe: 2024-2025 b. Between the 90% and 100% design phase, construction contract(s) will be negotiated and executed on a cost-plus fixed percent fee basis. The Contractor’s team is expected to bring experience and expertise in large dam construction utilizing both conventional concrete (CVC) and roller compacted concrete (RCC) mix design and placement, with a history working in early contractor involvement projects During the contract period, the Contractor’s team may be requested to inform decisions on or perform some or all of the following services for the Halligan Project: a. Safety and security b. Constructability methods, sequencing, schedule, and pre-construction pricing and estimates c. Site access, layout and development d. Quarry development and aggregate processing e. Cement and fly ash sourcing and delivery f. Concrete mix design g. Foundation excavation and grouting next to the existing dam h. RCC and conventional concrete cooling, mixing, delivery and placement i. Intake/outlet works construction on an existing dam Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 8 of 18 j. Construction of fish screens and netting k. Diversion structure construction and gating l. Water management during construction m. Interaction with involved agencies / key stakeholders / local community n. Instrumentation and controls for the dam, gates, stream, etc. o. Stream and wetlands restoration / mitigation p. Additional services, as needed As currently conceptualized and documented in design feasibility studies, the dam raise of the Halligan Project may consist of the following major project elements: a. Demolition of existing dam features b. Surface preparation of the existing concrete dam for placement of concrete or geomembrane liner membrane c. Excavation around the existing dam foundation for widening d. Conventional or RCC concrete placement downstream to allow for a dam raise of approximately 25 feet, including excavation of near site borrow materials and on-site processing to produce aggregate for use in the concrete e. Construction or modification of a multi-level intake tower and low-level outlet works f. Lining the upstream face of the concrete dam with a geomembrane liner to reduce seepage through the existing dam g. Retrofit, replacement, or removal of downstream diversion structure(s) h. Wetland and/or stream habitat modifications i. Access road improvements E. STATEMENT OF QUALIFICATIONS SUBMITTAL REQUIREMENTS Respondents must submit a SOQ tailored specifically to work related to the Halligan Project. SOQs shall be limited to twenty (20) single-sided pages and include the sections below (minimum 10-point font for all text). A maximum of five 11x17 sheets are allowed and will each count as a single page. Cover page, table of contents, section dividers (if used) shall not be counted toward this page limit. The SOQ shall follow the format presented below. 1. Cover Letter: Provide a cover letter that explains why the respondent should be prequalified and will provide the best value to the City. 2. Firm Summary: Provide an outline describing the respondents firm, including: a. Description of the company’s business and background b. Number of years in the business c. Details about ownership d. An overview of services offered and qualifications e. Size of the firm f. Location(s) of offices - identify which office will be the primary contact for the Halligan Project g. Primary contact information for the company, including contact names and titles h. Have you, or your firm, ever defaulted on a contract? If so, where and why? i. Are you, or your firm, debarred by any government agency? If yes list agency name. j. Are any lawsuits pending against the firm at this time? If yes, provide a summary of the matter and current status of the lawsuit. Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 9 of 18 If the respondent is a Joint Venture, the lead firm for the venture shall be clearly identified, and expected participation percentages stated along with any previous history of working together over the past 15 years. 3. Qualification Summary: Provide a qualification narrative focused on the respondent’s experience as related to the Halligan Project. Specifically, the summary should highlight the firm’s experience and capabilities in designing CVC and RCC dams with features similar to Halligan Reservoir. Firms without previous experience on projects similar to the Halligan Project will not be considered. Expected similar features include but are not limited to: a. Dam rehabilitation or augmentation work on existing concrete dams b. New concrete dam construction c. Arch dam construction experience d. Dam construction relating to heights exceeding 50 feet, including RCC and conventional concrete e. Hard rock quarry development and production f. Construction of dam outlet works and appurtenant structures g. Installation of large diameter steel pipelines and mechanical valves h. Construction of reinforced concrete spillways i. Controlled excavation near existing structures j. Dam foundation grouting k. RCC and conventional concrete production including cooling and heating l. RCC and concrete delivery systems including conveyors m. Hoisting and forming systems n. Dam construction in environmentally sensitive, difficult access, and otherwise constrained sites. o. Successful track record towards safety performance p. Dam construction regulated by USACE, USBR, Colorado State Engineer’s Office, or other similar state or federal agencies. q. Successful experience playing a significant role on projects using alternative delivery methods with early contractor involvement during the design. Show ability to work collectively with owners, contractors, subcontractors and other project stakeholders. 4. Summary of Project Experience: Provide experience narratives for the most relevant dam construction projects where your firm has served as the prime contractor. The two to five projects shall have been completed in the last 10 years and describe the firm’s roles and responsibilities. Identify the roles and responsibilities of proposed team members on the past projects as well. Project biographies shall include: a. Description of the project, including project name and location, and its similarity to the Halligan Project b. Owner’s name, address, telephone number, email address and contact person c. Engineering consulting firm on the project d. Challenges within the project team e. Contractor’s team members and roles f. Original contract value and final contract amount g. Original milestones, were they met and if not, an explanation of why h. Dam type, size (height, crest length, concrete volume) and facing system i. Design alternatives j. Responsibility of the firm and percent of contract self-performed Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 10 of 18 k. Key project challenges and successes l. Project delivery method used m. Risks n. Change order history and amounts – categorized as owner directed or other o. Disputes, claims and litigation summary p. Liquidated damages applied 5. Key personnel: Provide an organization chart of key personnel proposed for the Halligan Project for both the design/preconstruction and construction phases of work. The organization chart shall identify the team’s structure including all resources (including major subcontractors and teaming partners) anticipated for the project. Resumes are not requested during the SOQ but will be a required submittal for the RFP phase of the competitive process. Identify each member’s title, specific role, responsibilities, and time commitment. Submit a narrative outlining the team’s commitment to the Halligan Project and the availability of key members. Given the long-term nature of this project, the commitment of key personnel is critical to the City of Fort Collins and the success of this project. It is the City’s expectation that key members assigned to the project will remain throughout the project and act as the City’s primary resources. Any replacement for key individuals must be approved in advance and agreed to in writing by the City’ Project Manager. 6. Subcontractors: Identify all major subcontractors proposed to be part of the core Construction team to include the firm’s name, expertise/trade, and brief overview of qualifications. 7. Water Supply Projects in Northern Colorado: Provide a list and description of the team’s and team members’ previous or ongoing support of other water supply projects in northern Colorado that affect the Cache la Poudre River and/or its tributaries, including (for example only) but not limited to: projects for the North Poudre Irrigation Company, the Water Supply and Storage Company, the Northern Colorado Water Conservancy District (a,k,a, Northern Water), or the City of Greeley, or projects such as the Thornton Pipeline, the Northern Integrated Supply Project (NISP), the Windy Gap Firming Project, and the Milton Seaman Water Supply Project. List the project name, phase of the project when involvement occurred, level of involvement, etc. In the case where a Contractor or a member of the Contractor’s team has provided services that could be construed as intended to support or oppose projects that may affect the Cache la Poudre River and/or its tributaries, the Contractor is encouraged to contact the City’s Purchasing Representative to ascertain whether or not a conflict of interest may exist which may preclude the Contractor and/or member of the Contractor’s team from being selected to perform work directly for the City as part of the Halligan Project. In the case where a Contractor or a member of the Contractor’s team has performed work on the Cache la Poudre River and/or its tributaries, may not, in and of itself, constitute a conflict of interest in connection with the Halligan Project. The City reserves the right to consider the specific circumstances associated with potential conflicts of interest of the proposing Contractor teams, and their members, and to evaluate their future work regarding any projects affecting the Cache la Poudre Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 11 of 18 River and/or its tributaries to ensure that no future conflicts arise that may affect the interests of the City. Provide information to pjohnson@fcgov.com regarding the project name, year worked on, level of involvement, owner name and contact information, and details about the potential conflict. Also include details of your conversation with the project owner and whether or not they feel that your firm’s involvement in Halligan Project would be a conflict with your work on their project. 8. Safety record Provide the firm’s OSHA reportable accident rate and current worker’s compensation insurance multiplier for the last 3 years. Address your company’s safety program and any additional information that would be useful in showing your approach to a safe work site. Unsafe conditions with respect to the public, owner, engineer, and contractor are not an option. Provide a list of all projects in the last 3 years that have received an OSHA citation either to the GC or sub-contractor on the jobsite and provide a narrative of the citations. Limit your response to projects that have occurred in the Rocky Mountain region. 9. Insurance, Bonding, & Financial Qualifications A. Insurance The awarded Contractor will be required to maintain during the term of the contract insurance coverage and limits stated below. 1. Workers' Compensation & Employer's Liability. a. Workers' Compensation insurance with statutory limits as required by Colorado law. b. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. 2. Commercial General & Vehicle Liability. Commercial general liability and automobile liability insurance 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 the work. 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 $10,000,000 combined single limits for bodily injury and property damage. 3. The City, its officers, agents and employees shall be named as additional insureds on the Contractor's general liability and automobile liability insurance policies for any claims arising out of work performed under the Agreement. 4. The Consultant, its officers, agents and employees shall be named as additional insureds on the Contractor's general liability and automobile liability insurance policies for any claims arising out of work performed under the Agreement 5. Primary Coverage. For any claims related to the Agreement, Contractor’s insurance shall be primary coverage, and any insurance or self-insurance maintained by the City, its officers, agents and employees shall be in excess of the Contractor’s insurance and shall not contribute with it. Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 12 of 18 6. Waiver of Subrogation. Contractor will grant to the City a waiver of any right of subrogation which any insurer of Contractor may acquire against the City by virtue of any payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed by a subcontractor, which liability is not covered by the subcontractor's insurance. Provide a sample insurance certificate outlining coverage and policy limits or a letter from the firm’s insurance agency stating limits in these categories. Provide the name, address and phone number of the firm’s insurance agent(s). B. Bonding Company Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate ($100,000,000) for an individual project concurrently with current and anticipated workloads to undertake this work. C. Financial Qualifications (Confidential and not counted in page limit): Provide a brief narrative describing the firm’s financial condition and willingness to undertake and complete the project proposed and to furnish equipment and services in accordance with this SOQ. Please also provide audited financial statements (Income Statement, Balance Sheet, Cashflow, etc.) for the last three (3) years and any supporting information deemed pertinent. If the firm is public then please submit last 3 years 10Ks, last 3 quarter’s 10Qs, any 8K and any other pertinent filings. This information can be submitted in a separate file and be marked confidential. Provide the name, address and phone number of the firm’s banking reference. F. SELECTION CRITERIA Submitted SOQs will be evaluated to determine if the Contractor and Contractor’s team meet the selection criteria. If it is concluded by the City that an offeror’s SOQ does not meet these requirements, the respondent will be notified that they have not been selected to participate in future phases of the selection process for the Halligan Project. The decision shall be at the sole determination of the City and the conclusions of this review shall be final. Contractor SOQ’s will be evaluated on the following minimum criteria: 1. Has the Contractor and the Contractor’s team demonstrated new and/or rehabilitated concrete dam construction experience as stated in this SOQ specifically related to CVC and RCC? 2. Does the Contractor and Contractor’s team show the depth and breadth of experience necessary to adapt to changes to the design concept that may result from the permitting process and/or innovative project team approach? Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 13 of 18 3. Has the Contractor and Contractor’s team successfully executed similar projects to the Halligan Project under a collaborative and alternative delivery methodology like APDS or CMGC? 4. Has the Contractor and Contractor’s team demonstrated their abilities to work in environmentally sensitive, difficult access or otherwise restrictive areas? 5. Has the Contractor demonstrated a priority for safety and have a successfully and proven track record? 6. Does the Contractor have the financial resources to execute the Halligan Project? 7. Does the Contractor and/or Contractor’s team demonstrate the character, integrity, reputation, and judgement required for a project of this scale? 8. Have the references provided by the Contractor reaffirmed the Contractor’s experience and qualifications to successfully execute the Halligan Project? 9. Does the Contractor and/or Contractor team have any disqualifying factors? 10. Does the Contractor take exception to the insurance or bonding requirements? Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 14 of 18 EXHIBIT I SAMPLE MUTUAL NON-DISCLOSURE AGREEMENT – NOT TO BE COMPLETED AT THIS TIME THIS MUTUAL NON-DISCLOSURE AGREEMENT (this “Agreement”), effective as of the day of , 20 , is between the City of Fort Collins, a Colorado home rule municipal corporation (the “City”), and (“Vendor”). The City and Vendor may hereinafter be referred to individually as a “Party” or collectively as the “Parties.” WHEREAS, Vendor and the City may engage in discussions regarding (the “Purpose”); and WHEREAS, in the course of discussions, communications, and/or negotiations each Party may disclose to and/or receive from the other Party certain information belonging to the disclosing Party or its affiliates (collectively, the “Discloser”) that includes trade secrets, privileged information, or confidential commercial and information (“Confidential Information”); NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Records maintained by the City are subject to public disclosure pursuant to the Colorado Open Records Act (“CORA”). Certain confidential business records are exempt. If Vendor provides to the City documents that include trade secrets, privileged information, or confidential commercial or financial information, Vendor shall segregate any documents including such information from other documents provided to the City and shall clearly identify such documents with a stamp, watermark or other clear mark identifying the documents as confidential pursuant to CORA. 2. The Party receiving Confidential Information (the “Recipient”) (i) shall use such Confidential Information only for the Purpose; (ii) shall reproduce such Confidential Information only to the extent necessary for the Purpose; (iii) shall restrict disclosure of such Confidential Information to its, and its affiliates', employees and agents who need to know such Confidential Information to carry out the Purpose and who are not direct competitors of the Discloser (and require such employees and agents to undertake confidentiality and use obligations at least as restrictive as those Recipient assumes herein); (iv) shall not disclose such Confidential Information to any other Party without prior written approval of Discloser; and (v) shall protect such Confidential Information with at least the same degree of care as it normally exercises to protect its own proprietary information of a similar nature, which shall be no less than reasonable care. If Recipient discloses Confidential Information to an employee, affiliate, or other person in accordance with the terms of this Agreement, any subsequent disclosure or use of such Confidential Information by such employee, affiliate, or other person shall be deemed a disclosure or use by Recipient and Recipient shall be responsible for such disclosure or use. The Recipient. shall immediately notify the Discloser upon the discovery of any loss or unauthorized disclosure or use of the Confidential Information of the Discloser. Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 15 of 18 3. The restrictions on use and disclosure of Confidential Information shall not apply unless such Confidential Information, when in tangible, electronic or viewable form is marked confidential or proprietary by Discloser, or when disclosed only orally is both identified as confidential or proprietary at the time of disclosure and summarized in a writing so marked and provided to Recipient within thirty (30) days following the oral disclosure; except that any unmarked material and any verbally disclosed information that Recipient knows or reasonably should know to contain Confidential Information of the Discloser, including but not limited to business or technical information not generally known to the public, such as patents, copyrights, trademarks and trade secrets, as well as all written or oral pricing and contract proposals exchanged between the Parties shall be subject to the use and disclosure restrictions of this Agreement. Within the 30-day period referenced above, all Confidential Information communicated only orally shall be subject to the use and disclosure restrictions of this Agreement. 4. The restrictions on the use or disclosure of Confidential Information shall not apply to any information: a. Which is independently developed by the Recipient as evidenced by documentation in such Party's possession; or b. Which is lawfully received from another source free of restriction and without breach of this Agreement by the Recipient; or c. After it has become generally available to the public without breach of this Agreement by the Recipient; or d. Which at the time of disclosure to the Recipient was known to the Recipient free of restriction as evidenced by documentation in such Party's possession; or e. Which the Discloser agrees in writing is free of such restrictions. 5. All Confidential Information shall remain the exclusive property of the Discloser, and no license under any intellectual property right is either granted or implied by this Agreement or the conveying of Confidential Information to Recipient hereunder. Discloser makes no representations, warranties, assurances, guarantees or inducements of any kind, and, in particular, with respect to the non- infringement of any intellectual property rights, or other rights of third persons or of Discloser. 6. Neither this Agreement nor the disclosure or receipt of Confidential Information hereunder shall constitute or imply any promise or intention by either Party to enter into any transaction or business relationship, nor is it an inducement for either Party or its affiliated companies to spend funds or resources or purchase or provide products or services, nor is it any commitment by either Party or its affiliated companies with respect to the present or future marketing of any product or Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 16 of 18 service. No such agreement will be binding unless and until stated in a separate writing signed by authorized representatives of both Parties. 7. Each Party agrees not to announce or disclose to any other person (other than persons described in Section 2(iii), above) the Confidential Information or the nature of any discussions concerning the Purpose without first securing the prior written approval of the other Party. All Confidential Information furnished hereunder shall be returned or destroyed upon written request or upon Recipient’s determination that it no longer has a need for such Confidential Information, except that Recipient’s legal counsel may retain one copy in counsel’s files solely to provide a record of such Confidential Information for archival purposes. 8. The restrictions on use and disclosure of Confidential Information disclosed hereunder shall survive for a period of three (3) years from the date of last disclosure of any such Confidential Information (except in the case of software, for an indefinite period). Either Party may terminate this Agreement upon thirty (30) days advance written notice to the other. 9. All notices or communications required or permitted as a part of this Agreement shall be in writing (unless another verifiable medium is expressly authorized) and shall be deemed delivered when: a. actually received, b. upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the Party, c. upon receipt by sender of proof of email receipt, or d. if not actually received, ten (10) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party at the address set forth in this Agreement or such other address as the Party may have designated by notice or Agreement amendment to the other Party. The consequences of failure to receive a notice due to improper notification by the intended Recipient of a new address will be borne by the intended Recipient. The addresses of the Parties to this Agreement are as follows: City of Fort Collins 215 N. Mason PO Box 580 Fort Collins, CO 80522 Attention: Attention: Purchasing Director Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 17 of 18 10. This Agreement shall not be construed to limit either Party's right to independently develop or acquire products or services without use of the other Party's Confidential Information. 11. The restrictions on disclosure of Confidential Information under this Agreement shall not preclude Recipient, on the advice of counsel, from complying with applicable law, regulation, other governmental requirement or other demand under lawful process, including a discovery request in a civil litigation, if Recipient first gives Discloser notice of the required disclosure and cooperates with Discloser, at Discloser’s expense, in seeking reasonable protective arrangements. In no event shall Recipient be required to take any action which, on the advice of Recipient’s counsel, could result in the imposition of any sanctions or other penalties by a court or government body. 12. Neither Party has any obligation to disclose Confidential Information to the other. Either Party may, at any time: (i) cease giving Confidential Information to the other Party without any liability, or (ii) request in writing return of Confidential Information previously disclosed. 13. Recipient acknowledges that Confidential Information provided under this Agreement may be subject to U.S. export laws or regulations. Recipient shall not use, distribute, transfer or transmit Confidential Information (even if incorporated into products, software or other information) except in compliance with such laws and regulations. If requested, Recipient shall sign written assurances and other export-related documents as may be required to comply with such laws or regulations. 14. Each Party agrees that all of its obligations undertaken herein as Recipient shall survive and continue after any termination of this Agreement, subject to Section 8 above. 15. No amendment or modification of this Agreement shall be valid or binding on the Parties unless made in writing and signed by duly authorized representatives of each Party. 16. Subject to the limitations set forth in this Agreement, this Agreement will inure to the benefit of and be binding upon the Parties. This Agreement may not be assigned by one Party without the other Party's prior written consent. 17. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect to the greatest extent permitted by law. 18. No forbearance, failure or delay in exercising any right, power or privilege is waiver thereof, nor does any single or partial exercise thereof preclude any other or future exercise thereof, or the exercise of any other right, power or privilege. This Agreement is binding upon and inures to the Statement of Qualifications 9039 Contracting Services for Halligan Water Supply Project Page 18 of 18 benefit of the Parties and their heirs, executors, legal and personal representatives, successors and assigns, as the case may be. 19. This Agreement shall be governed by the laws of the State of Colorado, U.S.A., without regard to its conflicts of law principles. Each Party acknowledges and agrees that a breach by it or one of its affiliates, employees or representatives of any of the covenants set forth in this Agreement will cause irreparable injury to the other Party and its business for which damages, even if available, will not constitute an adequate remedy. Accordingly, each Party, for itself and its affiliates, employees and representatives, agrees that the other Party, in addition to any other remedy available at law or in equity, shall be entitled to the issuance of injunctive relief (including, without limitation, specific performance) by a court of competent jurisdiction in order to enforce the covenants and agreements contained herein. 20. Any judicial proceeding brought by or against any of the Parties on any dispute arising out of this Agreement or any matter related hereto shall be brought exclusively in the state district court sitting in Larimer County, Colorado, and by execution and delivery of this Agreement, each of the Parties accepts for itself the exclusive jurisdiction and venue of the aforesaid court as trial courts. Each Party expressly waives any objection (including, without limitation, objections based on forum non conveniens) which any Party may have now or hereafter to the laying of venue or to the jurisdiction of any such suit, action, or proceeding, and irrevocably submits generally and unconditionally to the jurisdiction of any such court in any such suit, action, or proceeding. Each Party agrees that its attorneys shall accept service of process. 21. This Agreement constitutes the entire understanding between the Parties as to the treatment of Confidential Information disclosed for the Purpose and merges all prior discussion between them relating thereto. Each Party has read this Agreement, understands it and agrees to be bound by its terms and conditions. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one single agreement between the Parties. Signatures exchanged by facsimile or other electronic means are effective for all purposes hereunder to the same extent as original signatures. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. CITY OF FORT COLLINS, COLORADO By: By: Printed: Printed: Title: Title: