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HomeMy WebLinkAboutRFP - 9019 POUDRE RIVER REACH 4 FEASIBILITY STUDYRFP 9019 Poudre River Reach 4 Feasibility Study Page 1 of 24 REQUEST FOR PROPOSAL 9019 POUDRE RIVER REACH 4 FEASIBILITY STUDY The City of Fort Collins is requesting proposals from qualified consultants or consultant teams with specific experience relating to river master planning including recreational, natural systems, and Stormwater improvements. The City is seeking a team with a strong understanding of environmental and civil engineering, permitting, site inventory and analysis as well as site planning and cost estimation. The awarded consultant or consultant team will be engaged to complete a Feasibility Study and preliminary cost estimate for “Reach 4” of the Poudre River from the Whitewater Park to the Linden Street Bridge. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on November 25, 2019 and referenced as Proposal No. 9019. If delivered, they are to be received at the Purchasing Division, 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. A pre-proposal meeting will be held at 10:00 AM MST, on November 11, 2019, in Room 2E (Training Room) at 215 N Mason St., Fort Collins. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. 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 9019 Poudre River Reach 4 Feasibility Study Page 2 of 24 The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer, at edale@fcgov.com, with a copy to Matt Day, Project Manager, at mday@fcgov.com, no later than 5:00 PM MST (our clock) on November 14, 2019. Please format your e-mail to include: RFP 9019 Poudre River Reach 4 Feasibility Study 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. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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 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 RFP 9019 Poudre River Reach 4 Feasibility Study Page 3 of 24 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 9019 Poudre River Reach 4 Feasibility Study Page 4 of 24 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Background The Poudre River Downtown Master Plan was approved by City Council in October 2014. The plan includes a conceptual site plan and cost estimate for Reach 4, located between the Whitewater Park and Linden Street. The area is particularly sensitive, as it is a former Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site. B. Objective The City of Fort Collins is seeking proposals from qualified consultants or consultant teams for a Feasibility Study and preliminary cost estimate of “Reach 4” of the Poudre River from the Whitewater Park to the Linden Street Bridge. The prospective consultant will verify the feasibility of the existing plan as called out in the City of Fort Collins Poudre River Downtown Master Plan, make recommendations and determine preliminary cost and permitting requirements. See Attachment 1 for Reach 4 Overview Map. The consultant will work closely with City staff, stakeholders, and the community in preparation of a Feasibility Study. The budget for the Reach 4 Feasibility Study, is $100,000. A robust analysis of the site conditions and Feasibility Study of Reach 4 needs to be conducted in order to determine if and how the concept site plan and cost estimate provided in the Poudre River Downtown Master Plan should be adjusted. The City plans to seek funding for full design and construction of Reach 4 through the bi-annual Budgeting for Outcomes (BFO) process. Preliminary 2020-21 Budget Offers are due Spring 2020. The intent of the Feasibility Study is to gather the information needed to make an informed Budget Offer. The scope of services outlined in Section II, describes the desired outcomes and deliverables needed to inform City staff, stakeholders, and City Council about scoping the next phase of final design and construction. II. SCOPE OF SERVICES A. Scope of Work The following lists of outcomes are desired and are considered the Deliverables for the Feasibility Study: 1. Site Inventory/Data Collection - Including, but not limited to: • Preliminary Geotechnical investigations • Floodplain Mapping & Analysis • Topographic Survey 2. Environmental Analysis – including: • CERCLA Impacts and Mitigation Strategies • Existing Landfill Analysis and Mitigation Recommendations RFP 9019 Poudre River Reach 4 Feasibility Study Page 5 of 24 3. Permitting Analysis - including, but not limited to: • USACE • FEMA • City Permits • State Water Quality • BNSF Railway 4. Concept Plan Development – including: • Heritage Trail & features • River Park environment concept • River access feasibility • In stream recreational feature feasibility/analysis • Trail connectivity under Linden Bridge 5. Stakeholder Outreach Stakeholder outreach is required as part of the Feasibility Study. Stakeholders will need to be engaged for inventory/analysis as well as concept refinement and coordination of next steps moving the project forward. Proposals should identify how City staff will be involved in the stakeholder outreach process. Public community outreach is not anticipated at this time. The following City Departments, Adjacent Landowners and Other Agencies shall be considered as a part of the Feasibility Study: • City Departments o Park Planning & Development o Natural Areas o Parks o Recreation o Engineering o Stormwater o Planning o Environmental Regulatory Affairs o City Attorney Office • Adjacent Landowners o United Way o New Belgium o Block 1 o Senior Housing o BNSF Railroad o CERCLA Covenant Group o Other Local Businesses • Other Agencies o DDA o River District Business Association o Poudre Heritage Alliance RFP 9019 Poudre River Reach 4 Feasibility Study Page 6 of 24 6. Report A final report shall be assembled, synthesizing information from Items 1 – 5 above. This report shall summarize the Feasibility Study and include the following sections: • Analysis summary & recommendations • Permitting summary & recommendations • Updated Concept Plan • Preliminary Cost Estimate • Estimated timeline for permitting, design and construction B. Plans for Reference 1. Poudre River Downtown Master Plan - https://www.fcgov.com/parkplanning/pdf/poudre-river-downtown-master- plan.pdf?1567001155 2. City Plan - https://ourcity.fcgov.com/560/documents/4764 3. Downtown Plan - https://www.fcgov.com/planning/downtown/ 4. Stormwater Master Plan - https://www.fcgov.com/utilities/what-we- do/stormwater/master-plan 5. Natural Areas Management Plan https://www.fcgov.com/naturalareas/pdf/nat-areas- masterplan-final14.pdf?1484324465 6. Parks & Recreation Master Plan https://www.fcgov.com/parkplanning/pdf/policy- plan.pdf?1528733790 7. Paved Recreational Trail Plan https://www.fcgov.com/parkplanning/pdf/2013-paved- recreational-trail-master-plan-3-3-14.pdf?1569522366 8. Attachment 2 - CERCLA Executive Summary C. Project Schedule and Milestones The following project schedule with key milestones is provided. The schedule is preliminary and subject to change. YEAR MONTH MILESTONE 2019 November – December Consultant Selection and Contracting 2019 - 2020 December - January Inventory/Analysis/Stakeholder Outreach 2020 February Draft Feasibility Report 2020 March Final Feasibility Report RFP 9019 Poudre River Reach 4 Feasibility Study Page 7 of 24 D. Anticipated RFP 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: November 4, 2019 • Pre-proposal meeting 10:00 AM MST on November 11, 2019 • Question deadline: 5:00 PM MST on November 14, 2019 • Proposal due date: 3:00 MST (our clock) on November 25, 2019 • Interviews (tentative): Week of December 9, 2019 • Award of Contract (tentative): December 2019 • Completion of project: April 2020 E. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. F. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. G. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. H. 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 Vendor each month following the submittal of a correct invoice by the Vendor 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 Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. 2020 April 2020-21 Budget Offer Preparation (by City) RFP 9019 Poudre River Reach 4 Feasibility Study Page 8 of 24 The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of twenty (20) double sided or forty (40) single sided 8 ½ x 11” pages (excluding cover pages, 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. Vendors are requested to provide detailed written responses to the following items in the order outlined below. Responses shall be considered technical offers of what Vendors 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. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter Provide a brief summary of your understanding of the project. The Cover Letter should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Team Profile Provide relevant information regarding the team you propose to work on this project including prior related experience and accomplishments pertaining to their area of expertise and the City’s desired outcomes. Provide a resume for each professional and technical person assigned to the project. The resumes shall include at least three individual references from previous experiences. Please limit resumes to one page. C. Prior Experience/Examples Provide recent examples of planning efforts directly related to the City’s desired outcomes. Several representative work samples should be included in the proposal and are exempt from the 40-page limit, but shall not exceed an additional 10 pages. List three references from within the past 5 years that can verify their experience working with your firm and substantiate your success in delivering and administering the process. References shall include a brief description of the work performed, along with the current contact name, current telephone number and email address of the contract person. D. Project Management Provide a description of the team’s approach to project management including developing and managing a diverse team of staff and stakeholders. E. Approach to the Project Describe your recommended approach to complete the project, with a focus on how you will address each of the six desired outcome areas. RFP 9019 Poudre River Reach 4 Feasibility Study Page 9 of 24 F. Deliverables Provide a description and/or provide examples of the deliverables and the tools that will be used to create the deliverables. Include examples to similar previous work to provide examples of deliverables. G. Schedule Provide a project schedule showing key milestones and deliverable dates, highlighting any proposed changes to the City-provided schedule. H. Budget Provide a detailed, itemized, “not to exceed” cost of services schedule with breakdown by task including hours, rates, and job classifications. Expenses should be categorized separately. A range of costs is acceptable for certain tasks, to be finalized with the team that is selected for the project. I. 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. J. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VII) shall be documented. RFP 9019 Poudre River Reach 4 Feasibility Study Page 10 of 24 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors 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 Vendors may be conducted. 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 1.0 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? Does the proposal provide examples of innovative engagement techniques? 3.0 Experience, Technical Expertise, & Team Capability Has the team produced best in class deliverables and solutions for other communities? 3.0 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 necessary? 1.0 Sustainability Does the firm demonstrate a commitment to economic, environmental and social sustainability? 2.0 Cost & Work Hours Does the proposal include 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? 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. RFP 9019 Poudre River Reach 4 Feasibility Study Page 11 of 24 CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 9019 Poudre River Reach 4 Feasibility Study Page 12 of 24 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. RFP 9019 Poudre River Reach 4 Feasibility Study Page 13 of 24 VI. ATTACHMENTS Attachment 1: Reach 4 Overview Map Attachment 2: CERCLA Executive Summary RFP 9019 Poudre River Reach 4 Feasibility Study Page 14 of 24 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as 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 the scope of services attached hereto as Exhibit A, consisting of ( ) page(s), and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit B, consisting of ( ) page(s), and incorporated herein by this reference. 3. 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 four (4) 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 contract end. 4. 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 RFP 9019 Poudre River Reach 4 Feasibility Study Page 15 of 24 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable 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. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay 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. 7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit , consisting of ( ) page(s), 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. 8. 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 RFP 9019 Poudre River Reach 4 Feasibility Study Page 16 of 24 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. 9. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 10. Project Drawings. 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. 11. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 12. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. 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 RFP 9019 Poudre River Reach 4 Feasibility Study Page 17 of 24 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 “C”, 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). 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 16. 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. 17. 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. 18. 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. RFP 9019 Poudre River Reach 4 Feasibility Study Page 18 of 24 19. 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. 20. 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 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 RFP 9019 Poudre River Reach 4 Feasibility Study Page 19 of 24 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. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 9019 Poudre River Reach 4 Feasibility Study Page 20 of 24 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: RFP 9019 Poudre River Reach 4 Feasibility Study Page 21 of 24 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9019 Poudre River Reach 4 Feasibility Study Page 22 of 24 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9019 Poudre River Reach 4 Feasibility Study Page 23 of 24 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not 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 9019 Poudre River Reach 4 Feasibility Study Page 24 of 24 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 2‐23 | P a g e REACH 4 BNSF Railroad to Linden Street REACH 1 REACH 2 REACH 3 REACH 4 REACH 5 REACH 6 Fort Collins Utilities Regulatory and Government Affairs Division 700 Wood Street Fort Collins, CO 80522 970.221.6900 970.221.6970 - fax fcgov.com/utilities POUDRE RIVER/AZTLAN SITE Past and Existing Environmental Issues Executive Summary for Development Review Process Site History: Poudre Valley Gas Company produced manufactured gas from coal and possibly oil at former gas plant site south of the site. The gas plant closed approximately 1926. Later, a municipal solid waste landfill that was operated variously by private parties and by the City of Fort Collins was located on the site. This use ended in the early 1960s. Poudre River Superfund Site: In September of 2002, an oily sheen was observed and reported near the south bank of the Cache La Poudre River nearest the site. Further investigation revealed a non- aqueous phase liquid (NAPL) “plume” and associated concentrations of organic compounds exceeded water quality criteria and other ecological screening values. The plume originated on former gas plant property (located on what is now the Schrader property) and extended out under Willow Street and the parking lot of Northside Aztlan Center to the Cache La Poudre River. In November of 2004, a Removal Action under the Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was initiated by the EPA. The City of Fort Collins, Public Service Company (PSCo), EPA, and Schrader Oil were identified as stakeholders and PSCo and Schrader Oil were identified as responsible parties, liable for cleanup of the site. The Removal Action was intended to: Prevent migration of NAPL into the riverbed; Prevent discharge of NAPL to surface water; Protect future on-site workers and recreational users; and Allow future development consistent with these objectives. The Removal Action Remedies consisted of the following work: Removal of contaminated sediment/upper bedrock within the river 400 ft. long, 75 ft. wide, 17 ft. deep Installation of a vertical physical containment barrier wall 693 ft. long, 30 ft below ground Vertical hydraulic containment and control trench w/pumps collecting fluids Page 2 of 4 Water treatment and discharge which removes NAPL and discharges clean water back to the river Environmental Concerns relating to Historical Dumping/Landfill: Environmental investigations show landfill debris to be present in a layer between 9 and 14 feet thick, covered by 1 to 3 feet of silty-clay. The exact characteristics of this debris are unknown, but investigations have revealed construction debris, such as concrete, brick and glass, as well as some building materials known to contain asbestos. Additionally, methane gas, a by-product of the decomposition of landfill debris, is a concern at the site. Associated Risks: • Coal-tar and organic compound contamination that poses health risks when released into the environment • Possible elevated concentrations of methane gas that pose explosive hazards • Potential exposure to asbestos Required Actions: The City of Fort Collins must comply with the “City-required Actions” found in several legal documents, including an Administrative Order on Consent, an Environmental Covenant, and a Colorado Department of Public Health and Environment site-specific Soil Characterization and Management Plan for asbestos-contaminated soils (SCMP). Work must be planned and completed in a manner that will ensure development project activities will not adversely impact the Removal Action Remedies on the site Air monitoring for methane and other airborne contaminates is strongly recommended during intrusive excavation and trenching activities for work on or adjacent to site Contact Information: Environmental Regulatory Specialist Matt Zoccali (970) 224-6008 (office) (970)-556-2556 (mobile) mzoccali@fcgov.com Site Health and Safety Officer Kirstie Smith (970) 221-6774 (office) (970) 631-7720 (mobile) kismith@fcgov.com Page 3 of 4 Attachment 1: Approximate Boundaries of Environmental Impacts at Poudre River-Aztlan Site, 112 Willow Street, Fort Collins, Colorado 80524. Cache la Poudre River C O L L E G E AVE L I N D E N S T P OUDRE S T P I N E S T W I L L OW S T L C A O R U I M N T E Y R FT COLLINS SITE LOCATION AZTLAN COMMUNITY FIGURE 2: CENTER (FORMER FORT MUNICIPAL COLLINS, COLORADO LANDFILL) SITE Legend Building / Structure Paved Area Railroad Recreation Path City of Fort Collins Property Approx Extent of Former Landfill Approx Extent of Observed Fill & Trash Debris Approx Location of new Community Center Approximate Boundary of Detected Chlorinated Solvent Impacts Observed in Unconsolidated Alluvium, Bedrock, and Surface Water (dashed where inferred) Approximate Boundary of NAPL Impacts Within Bedrock Within Bedrock (inferred) Within Unconsolidated Alluvium Within Unconsolidated Alluvium (inferred) WALSH PROJECT #: 7312-010 U:\Projects\7306-010 Aztlan\7304-030\figure 1a.mxd 01/25/2007 0 37.5 75 150 225 300 Feet Page 4 of 4 Attachment 2: Geological Cross-Section of Poudre River-Aztlan Site S T Aztlan Site Map 2/25/2010 11:18:21 AM CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposesonly, and were not designed or intended for general use by members of the public. The Citymakes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINSMAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULARPURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTSORTHEUNDERLYINGDATA. Any users of these map products, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold theCity harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of theCity's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. 0 100 200 400 600 800 1,000 1,200 Feet C M Y CM MY CY CMY K Aztlan Site Map 2.pdf 1 3/23/2010 9:35:51 AM Due to the potential presence of soil, vapor and groundwater contamination in this area (see map), special pre- cautions are required when conducting activities that disturb the soil—such as excavation and landscaping. Notify City of Fort Collins The City of Fort Collins has legal and environmental requirements associated with excavation activities that disturb the soil or groundwater in the Aztlan area. In order to safely manage the risks of contamination and meet legal requirements, regulatory staff must be notified before work begins. • Within 25 days of starting your project, notify Bonnie Pierce to request Poudre River/Aztlan Soil Disturbance Notification Form • Air monitoring for methane is required during intrusive excavation and trenching activities for utility service work on or adjacent to site • Other health and safety procedures may apply - see http://citynet.fcgov.com/ecp/ poudreriversite.php • • Coal tar and chlorinated solvent contamination that poses health risks when released Possible elevated concentrations of methane gas that pose explosive hazards • Potential exposure to asbestos • Failure to comply could result in significant penalties or liability Contact Information Senior Specialist, Science Bonnie Pierce, (970) 416-4255 bpierce@fcgov.com Health and Safety Specialist Claire Goodwin, (970) 221-6741) cgoodwin@fcgov.com Poudre River – Aztlan Site Environmental Requirements. Associated Risks Required Actions Developers/Contractors: please contact Bonnie Pierce at contact information provided below City Staff: instructions below There are also restrictions on work allowed on the Poudre River banks along this property.