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HomeMy WebLinkAboutRFP - 9143 CONSULTING SERVICES FOR STORMWATER CAPITAL IMPROVEMENT PROJECTSRFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 1 of 35 REQUEST FOR PROPOSAL 9143 CONSULTING SERVICES FOR STORMWATER CAPITAL IMPROVEMENT PROJECTS RFP DUE: 3:00 PM MST (our clock), June 18, 2020 The City of Fort Collins is requesting proposals from qualified Consulting Firms to provide services for stormwater capital improvement projects (CIP). Services that may be required include engineering, design and construction management services for stormwater, water and wastewater CIP projects. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. A pre-proposal meeting will be held at 10:00 AM MST, on May 28, 2020. The meeting information is as follows: Join Zoom Meeting https://us02web.zoom.us/j/85786473919?pwd=dGh1d0hvNk9SQ3EwQklzU3dZVFlkUT09 Meeting ID: 857 8647 3919 Password: 001814 Find your local number: https://us02web.zoom.us/u/kbpmHLuBVq Please join the meeting from your computer, tablet or smartphone. All questions should be submitted, in writing via email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com no later than 4:00 PM MST (our clock) on June 8, 2020. Please format your e-mail to include RFP 9143 Consulting Services for Stormwater Capital Improvement Projects 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. This RFP has been posted utilizing the following Commodity Code(s): 91842 Engineering Consulting 92517 Civil Engineering 92523 Dam Engineering 92528 Drainage Engineering 92533 Professional Engineering 92558 Irrigation; Drainage; Flood Control/Engineering 92596 Wastewater Treatment Engineering 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 9143 Consulting Services for Stormwater Capital Improvements Projects Page 2 of 35 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. 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. 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. RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 3 of 35 Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 4 of 35 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Consulting Firms to provide services for stormwater capital improvement projects (CIP). Services that may be required include engineering, design and construction management services for stormwater, water and wastewater CIP projects. The primary use of these on-call engineering services will be in the areas of engineering studies and capital improvements for stormwater projects throughout the City of Fort Collins Utilities service area. Additionally, engineering services for water and wastewater capital projects may be requested through this contract. One of the capital improvement projects to be designed under this contract may be the Oak Street Stormwater project. The objectives of this project are to design and construct stormwater infrastructure (traditional pipe and concrete structures as well as green infrastructure like Low Impact Development features) to extend the existing Oak Street Outfall to reduce the flood risk in the Old Town Basin. Replacement or improvements of existing water, wastewater, and street infrastructure may be included. The approximate length of the proposed Oak Street Stormwater Project main system is 6,250 lineal feet and varies in size from 72-inch to 78-inch pipe. Multiple stormwater laterals will be included in the project and sizes may vary from 36-inch to 72-inch. B. Background Fort Collins is a vibrant community of approximately 151,000 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountain. The City is 56 square miles in size and our population includes over 24,000 college students. Fort Collins Utilities provides water, wastewater, stormwater, electric, and broadband services to residential, businesses, and industrial customers. The Downtown Stormwater Improvement Plan (DSIP) will address stormwater projects in the downtown area to address flooding and stormwater quality issues in the Old Town Basin. More information about Utilities can be found at www.fcgov.com/utilities. Examples of On-Call projects that may be required under this contract include new stormwater infrastructure such as the Oak Street Stormwater Project and the North Mason Stormwater project, levee projects, stormwater pipe and structure replacement projects, and waterline or sanitary sewer replacement projects. Previous similar On-Call contracts have generally resulted in the design and construction of 5 to 10 projects of varying scope, complexity and fee. II. SCOPE OF SERVICES A. Scope of Services General Scope of Services – including services for On-Call Future Projects and the Oak Street Stormwater Project. The following is a list of services which may be requested of the awarded Consultant(s) for water/wastewater/stormwater capital projects. While it identifies several services that may be needed, it may not be all inclusive of the scope required and all services may not be used. RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 5 of 35 1) Perform design services for all types of stormwater infrastructure including storm sewers, detention basins, open channels, levees, energy dissipation, erosion protection, etc. 2) Perform hydrologic/hydraulic modeling and master planning for stormwater projects utilizing EPA SWMM, 2D modeling software (FLO 2-D), and HEC-RAS. 3) Provide all Civil and Structural Engineering required for the design of the project. 4) Provide Environmental Engineering and Consulting as required to complete tasks such as environmental studies, LUST site identification, and wetlands delineation. 5) Provide Subsurface Utility Engineering (SUE) services including field locations, potholing, and surveying to produce stamped SUE plans in compliance with State of Colorado requirements. 6) Provide Landscape Architecture and Urban Planning services including landscape design and streetscaping/beautification (multi-modal, bike lanes, etc.) as required. 7) Provide all Geotechnical Engineering services required for the design process and for testing during construction projects. 8) Provide all surveying required for the design of the project and baseline control for contractor use during construction. 9) Identify all easements and properties required for any off-site construction and prepare all legal descriptions and exhibits needed by City staff for acquiring all easements and/or properties. Include all required surveying by a Professional Land Surveyor. 10) Prepare and integrate water quality solutions (Low Impact Development / Green Infrastructure, etc.) into stormwater design solutions and develop guidelines for long- term maintenance of water quality facilities. 11) Prepare floodplain permit applications as required, including no-rise certifications and CLOMR/LOMR as required. 12) Prepare project reports, technical memorandums, and basis of design documents. 13) Prepare construction contract documents including standard front end documents, construction drawings (including SUE, Plan and Profile, Details, etc.) and Technical Specifications for capital improvement projects using CSI format and the City of Fort Collins’ modified EJCDC General Conditions. Drawings will be AutoCAD Civil 3D (Version 2014 or newer) generated. “As-Constructed drawings” will be provided to the City in electronic format (PDF and AutoCAD files) on flash-drives/thumb-drives at the completion of each project. Each “as-constructed” drawing will be stamped original at the completion of each project, which will become the property of the City of Fort Collins Utilities. 14) Prepare erosion control plans in accordance with all applicable regulatory agencies as required. 15) Prepare Engineer’s Opinion of Probable Construction Costs (OPCC) for project at various stages throughout project, as required, which may include Association for the Advancement of Cost Engineering (AACE) estimate classes from Class 5 through Class 1. 16) Provide resident engineering, construction administration, submittal review and field inspection services. Resident Engineering duties must be performed with experienced and qualified personnel approved by Fort Collins Utilities Project Manager. 17) Provide detailed written monthly progress reports throughout the duration of the design and construction of all work. The progress reports will be part of the monthly billing submittal. RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 6 of 35 Additional support services that may be needed: 1) Perform water and wastewater modeling using InfoWater and InfoSWMM for localized analysis. 2) Provide design of water distribution and wastewater collection systems. 3) Provide trenchless design for the rehabilitation of underground utility infrastructure. 4) Provide cathodic protection and corrosion engineering as required. 5) Coordinate, manage, and participate in Public Outreach efforts including open houses, presentations, individual meetings, publications, graphics, etc. The intent of the City of Fort Collins Utilities is to award a contract to two or three qualified Consulting Firms for engineering consulting services during the assessment, design, and construction phases of capital improvement, rehabilitation, and other projects. The resulting Agreements will have an initial term of one (1) year and may be extended at the City’s option for additional one-year periods not to exceed four (4) additional one-year periods, subject to mutual agreement by both parties. B. Delivery Approach Utilities’ capital projects are typically delivered using one of the City’s alternative delivery methods. For the Oak Street Stormwater Project, the selected Design Engineer Team, and the Construction Contractor’s Team (chosen through a separate RFP) will join a collaborative project team, which includes the City’s Project Manager(s) and staff, beginning at 0% design. Multiple design and construction components, including but not limited to material selection and alignment, require the Contractor’s invaluable input to contribute to the success of the project. Future on-call Projects proposed under this Agreement may be managed utilizing alternative delivery methods in which construction contractors and subcontractors may be included early in the design phase, starting between 0 and 50% design stages. Delivery method selection will be determined by the City of Fort Collins Utilities on a project-by-project basis dependent on variables which may include, but are not limited to, anticipated budget and project complexity. Experience with alternative delivery methods wherein contractors are included during various stages of design and construction is required. As part of alternative delivery, the Consultant is part of a project team consisting of the City’s Project Manager(s) and other City staff, project Construction Contractor Team, and the selected Design Engineer Team. This team will work together in a collaborative manner during design phases through the completion of construction. Each team member has significant involvement in the development and execution of design and construction concepts which are utilized for the successful completion of projects. Participation by all team members throughout the project is expected and encouraged to allow innovation and to enhance project quality and value. C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: May 21, 2020 • Pre-Proposal Meeting: [10:00 am] MST on [May 28, 2020 (via Zoom) RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 7 of 35 • Question deadline: 4:00 PM MST on June 2, 2020 • Final addendum issued: June 4, 2020 • Proposal due date: 3:00 MST (our clock) on June 18, 2020 • Interviews (tentative): Week of July 13, 2020 • Award of Contract (tentative): July 23, 2020 D. Deliverables/Milestones Deliverables/Milestones will be determined for each individual project or project phase and be documented on each Work Order. Anticipated Oak Street Stormwater Project milestones (tentative): Milestone Tentative Time Design Engineer Team and Contractor Team Partnering Kick-Off Fall 2020 Final Design complete Spring 2022 Final Construction Estimate complete Spring 2022 Begin Construction Jan/Feb 2023 Finish Construction Nov/Dec 2024 E. Interviews In addition to submitting a written proposal, the top-rated Design Engineer Teams may be interviewed by the RFP assessment team and asked to participate in an interview/interactive presentation to provide an overview of the company, approach to the sample project and delivery method, 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. Travel & Expenses Consulting Firms are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable per the current rates found at www.gsa.gov. G. Subconsultants Consultant will be responsible for identifying any subconsultants in their proposal. Please note that the City will contract solely with the awarded Consultant; therefore, subconsultants will be the responsibility of the Consultant. H. Financial Qualifications (CONFIDENTIAL) Consultants are to submit the most recent financial statement (audited preferred) including balance sheet and income statement, as well as a statement of cash flows. Also provide a banking reference (name, address and phone number). The financial information shall be submitted in a separate file marked Confidential. The financial information will be considered confidential commercial and financial data pursuant to the Colorado Open Records Act (C.R.S. 24-72-201 et. seq.) RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 8 of 35 I. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. J. Fees, Licenses, Permits The successful Consultant shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. K. Laws and Regulations The Consultant agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. The Consultant further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under and all state laws and regulations enacted and adopted pursuant thereto. L. Agreement & Term The intent of the City of Fort Collins is to award contracts to two or three qualified Consultants and their subconsultants (Design Engineer Team) for the services outlined in this RFP. The Consultants and the City will each enter into a Professional Services Agreement Work Order Type known as the “Master Agreement”. This Master Agreement will cover the design, preconstruction, and construction phases of work. Work will be on an as-needed basis with the scope of work to be defined and a Work Order negotiated prior to commencement of each project. It is anticipated that design, preconstruction, and construction work will be conducted in phases, with Work Orders negotiated and issued for each phase of work as the project progresses. The Master Agreement contains the terms and conditions of the contract, a general scope of work, hourly rates, insurance, etc. Included with this RFP is a sample Master Agreement that the City intends to use for obtaining the services of the Consultant. The Consultant is required to review the Master Agreement and indicate any objections to the terms of the Agreement. If revisions to the contractual terms are requested, provide suggested revisions as part of the proposal submittal. M. Work Orders Work will be conducted in phases under the Master Agreement and authorized by individual Work Orders (a sample is included in the attached Master Agreement) as the project progresses. The Consultant shall provide all personnel, materials, equipment and supplies necessary to complete the services set forth in the applicable Work Orders. If the City has agreements with multiple Consultants for the Work, the City reserves the right to choose which Consultant to contact regarding the project, unless order of preference has been established during the contracting process. Each Work Order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a detailed scope of work, project schedule, deliverables, number of hours, cost detail supporting total cost including hourly rates, personnel details, materials, subconsultants, fee schedules, and expenses. Cost factors outlined in the Work Order will be based on the budgetary cost factors submitted in the RFP response and subsequently negotiated and RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 9 of 35 incorporated in the contract. Consultant and subconsultant Fee Schedules will be firm for the first year of the Master Agreement and may be updated annually in subsequent years based on fair market indices, upon the agreement of both parties. It is possible that the City will choose not to incorporate one or more portions of the general scope of services described in this RFP into any Work Orders executed pursuant to this RFP. Similarly, additional similar services may be added to the Master Agreement if required. No Work Order over $5,000 will be considered valid until signed, at a minimum, by the Consultant, Project Manager and Purchasing Department representative and a purchase order is issued. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the sample agreement) and will not be considered valid until signed, at a minimum, by the Consultant, Project Manager and Purchasing Department representative. N. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Consultant each month following the submittal of a correct invoice by the Consultant indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Consultant and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL 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, resumes, dividers, Preferred Qualifications and Experience Form, and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no less than 0.5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and should be used only for graphics, diagrams, or drawings not easily presented on 8 ½ x 11” pages. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. For this section, Consultants are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Consultants propose to provide and shall be incorporated in the Master Agreement as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Consultant include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 10 of 35 A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interview/interactive presentations on the proposed dates as stated in the Schedule section. B. Consultant Information 1. Describe the Consultant’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Acknowledgement. C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope of services described above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the On-Call Future Projects would be managed and who would have primary responsibility for timely and professional completion. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager(s) and other members of the alternative delivery project team. 4. Include a description of the software and other analysis tools to be used. 5. Detail experience the Design Engineer Team has with alternative delivery methods and how these methods have contributed to innovative and successful design and construction processes. Include a recent partnering experience the Design Engineer Team has had with an Owner and Construction Contractor Team. 6. Discuss the Consultant’s availability to respond to Utilities’ infrastructure emergencies which may occur. 7. Identify any portions of the Scope of Services that may be performed by subconsultants. D. Oak Street Stormwater Project Proposal Example The Oak Street Stormwater Project is the next planned stormwater project in the Downtown Stormwater Improvement Plan (DSIP) to reduce the flood risk in the Old Town Basin and will tie into the existing Oak Street Outfall which was constructed in 2001. The Old Town Basin encompasses 2,120 acres including the main Colorado State University campus, the Old Town business district and surrounding neighborhoods. Urbanized flooding events have significant impact in this basin due to inadequate conveyance in the existing street and storm sewer systems. In 2017, the 2003 Old Town RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 11 of 35 Basin Master Plan existing condition hydrologic update was completed. In 2019, an update to the 2003 Selected Plan of Improvements was completed in the Basin-Wide Evaluation of Improvements. The 2019 effort resulted in an Optimized Plan for downtown Fort Collins including the Oak Street Stormwater Project (refer to Figure 3.2 in Exhibit A, Basin-Wide Evaluation of Improvements, Old Town Basin, Final Report) which extends the existing Oak Street Outfall from the western side of the Mason Street and Oak Street intersection westward to Jackson Avenue (City Park) and includes several laterals. The Oak Street Outfall was designed to convey approximately 1,120 CFS. The conceptual alignment requires construction through 2 ½ blocks of business area including two major intersections, established neighborhoods, crossing the Arthur Ditch, crossing and installation in Shields Street, continued installation in Oak Street ending with a bank of inlets at Jackson Ave. Project Goals for the Oak Street Stormwater Project include: 1) Design stormwater system to ultimately contribute to the Downtown Stormwater Improvement Plan goals (as stated in the 2019 Basin-Wide Evaluation of Improvements, Exhibit A): a. Reduce flooding/flood damage on structures in Old Town Basin b. Improve water quality c. Reduce street flooding for emergency services The document titled Exhibit A: Basin-Wide Evaluation of Improvements, Old Town Basin, Final Report (Anderson Consulting Engineers, Inc. and BHA Design, Inc., September 2019) will be provided for background information. Firms interested in receiving this information should provide name, firm name, phone number and email to Pat Johnson at pjohnson@fcgov.com. The information will be sent via the City’s ftp site. Scope of Services (in conjunction with the Scope of Services in Section II.A., the following specific services are highlighted): 1) Perform hydrologic and hydraulic analysis to inform and finalize Oak Street Stormwater Project Design, including lateral design. 2) Provide Landscape Architecture and Urban Planning services including landscape design and streetscaping/beautification. 3) Prepare project reports, technical memorandums, and basis of design documents. 4) Prepare construction contract documents (including SUE, Plan and Profile, Details, etc.) and Technical Specifications. 5) Prepare and integrate water quality solutions (Low Impact Development / Green Infrastructure, etc.) into stormwater design solutions and develop guidelines for long-term maintenance of water quality facilities. 6) Participate in project team with Owner and Construction Contractor Team in the Alternative Product Delivery System (APDS) from design through construction. 7) Coordinate, manage, and participate in Public Outreach efforts including Open Houses, presentations, individual meetings, publications, graphics, etc. 8) Provide resident engineering, construction administration, submittal review and field inspection services. 9) Remapping the floodplain and CLOMR/LOMR efforts are not included in this project. RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 12 of 35 The proposal for the Oak Street Stormwater project may become the basis for one of the first Work Orders under the Master Agreement awarded from this RFP. The costs supplied in response to the RFP will be used to assist in selecting the Design Engineer Team for this project. Although rates and expenses are elements of the evaluation criteria, the selected Consultant will not be bound to the bottom line submitted in response to this RFP. After contract award, City and Consultant will negotiate the first Work Order. The City reserves the right to modify the final scope of work in the event the costs exceeds the project budget. For purposes of the Proposal evaluation and Consultant selection process, provide the following information for the preliminary design of the Oak Street Stormwater Project from the existing Oak Street Outfall (western side of Mason St. and Oak St. intersection) westward in Oak Street, ending on the western side of the Whitcomb St. and Oak St. intersection, including laterals (note, this is not the entire length of the overall project). Detailed design is not required nor desired to be included in this proposal. Proposal details should include: 1) Describe your recommended approach to the portion of the project described above. Provide a detailed narrative of the services proposed if awarded the contract for the portion of the Oak Street Stormwater project scope above. The narrative should include any options that may be beneficial for the City to consider. Include a description of the software and other analysis tools to be used. 2) Discuss the design and construction factors to be considered during design, major issues you identify to be addressed, any risk factors, and all assumptions made based on the limited information provided. This effort will be used to evaluate the Consultant’s ability to analyze a problem and propose an approach. 3) Submit a Scope of Work for the analysis and design efforts required to complete the portion of the project described above with itemized tasks describing the Consultant’s intended efforts, assumptions, work to be completed, and desired outcomes. 4) Provide a fee proposal spreadsheet for the Consultant’s proposed Scope of Work. Identify the employee, title, hourly rate per employee, and estimated hours per person for each proposed task. Price all services/deliverables, expenses, and fees separately. Clearly identify the same information for any subconsultants. 5) Provide a detailed schedule identifying duration of each task and any critical path and key milestones for completing design for the portion of the project described above. Assume design is initiated October 1, 2020. 6) Provide a description of Design Engineer Team, including subconsultants and the services they will provide for this project, in an organization chart and identify key individuals. The commitment of key staff is critical to the City of Fort Collins Utilities and the success of this project. 7) Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 8) Describe the methods and timeline of communication your firm will use with the City’s Project Manager(s) and other members of the alternative delivery project team. The City will provide the following information to the selected Consultant at the beginning of preliminary design (not during the proposal process): 1) EPA SWMM Model for Old Town Basin RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 13 of 35 2) FLO-2D Models for Old Town Basin 3) 2013 LiDAR (although more current data may be available to the Consultant from other sources and detailed topographic survey will be required as part of the project.) 4) Schematic maps of Utilities’ existing water, wastewater, and stormwater infrastructure (SUE will be required). 5) Various geotechnical reports from previous efforts (additional test holes will be required). 6) Construction plans and/or as-builts of the previous Oak Street Outfall project (2001). E. Firm Capability & Assigned Personnel Preferred Qualifications & Experience 1) Consulting Firms shall complete the following checklist (Y/N), issued separately as Exhibit B. Examples and references will be requested in the Proposal. A single project may be used to meet more than one of the described qualifications. In all instances, experience and projects completed must be within the past 10 years. Qualification Details Response (Y/N) 1 Experience designing large diameter stormwater systems and hydraulic structures Consultant has completed at least two stormwater projects (including design and construction phase services) which included 60-inch (or larger) diameter pipe, greater than 1,000 LF in length, and at least two stormwater projects that included large scale energy dissipating structures or other hydraulic structures. 2 Experience designing stormwater systems utilizing Low Impact Development (LID) and Green Infrastructure techniques Consultant has completed at least two stormwater infrastructure projects that incorporated LID and Green Infrastructure Techniques on a localized scale (such as bioswales, rain gardens, vegetative swales, permeable pavement systems, etc.) 3 Experience designing municipal infrastructure in existing urban areas Consultant has completed at least two municipal infrastructure water, wastewater, or stormwater projects (including design and construction phase services) in existing Rights-of-Way through RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 14 of 35 5 Experience in hydrologic, hydraulic, and water quality modeling with EPA SWMM and FLO 2-D Consultant has completed at least two stormwater infrastructure projects where EPA SWMM was utilized to inform the design decisions for gray infrastructure (sizing, alignment, location, etc.), and at least two projects utilizing FLO 2-D to evaluate split flow conditions and inform design decisions.. 6 Experience with Floodplain Mapping and Processes Consultant has completed at least two projects that included floodplain mapping services and processes for CLOMR/LOMR submittals. 7 Experience with Alternative Project Delivery Systems Consultant has been part of at least two projects that utilized an Alternative Project Delivery System, CM/GC method, or other similar project delivery method that incorporated teams and partnering with Owners, Engineers, and Contractors during both the design and construction phases. 8 Experience with Public Outreach and interaction with Residents and Business Owners Design Engineer Team has supported at least two projects that required Public Outreach with residents and businesses for the purposes of education, coordination, and input and included Open Houses, presentations, individual meetings, publications, graphics, etc. 9 Experience working for municipal/public organizations Consultant has experience working for, and has directly contracted with, municipal organizations or other public agencies on at least two water, wastewater, or stormwater projects. Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 2) Provide an Organization Chart/Proposed Project Team: An organization chart RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 15 of 35 Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. 5) Provide examples of at least two projects where you’ve worked with your subconsultants. List the subconsultant firm(s) for this Agreement, their area(s) of expertise, and include all other applicable information herein requested for each subconsultant. Identify what portion of the scope of services, if any, may be subcontracted. 6) List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. 7) A resume for each professional and technical person assigned to the Agreement, including partners and/or subconsultants, shall be submitted. The resumes shall include at least three individual references from previous assignments. Please limit each resume to one page. 8) Some functions of this project may require the use of subconsultants. If you intend to utilize subconsultants you must list each and provide resumes for their key personnel. 9) Describe the availability of project personnel to participate in the Scope of Services project in the context of the Consultant’s other commitments. F. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects that your firm has been the prime Consultant on. Some examples are provided below: 1. Environmental - Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. 2. Economic - Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 16 of 35 3. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. G. Cost and Work Hours Consultants are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the current rates found at www.gsa.gov. The Consultant will be required to provide original receipts to the City for all reimbursable expenses. In your response to this proposal, please provide the following: 1. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for subconsultants, if used, shall also be included. 2. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project work and not included in the billing rates must be identified. H. Additional Information Provide any information that distinguishes Consultant from its competition and any additional information applicable to this RFP that might be valuable in assessing the Consultant’s proposal. Explain any concerns Consultant may have in maintaining objectivity in recommending the best solution for Utilities. 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 VI) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Consultants will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Consultants may be conducted. 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. RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 17 of 35 WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 3.0 Oak Street Stormwater Project Proposal Does the proposed approach accomplish the project goals? Does the proposal’s Scope of Work include detailed tasks for each element as applicable and are the assumptions reasonable? Does the proposal include detailed cost break- down for each cost element as applicable? Are the proposed cost and work hours reasonable for the effort required by each project task? Can the work be completed in the necessary time? Are other qualified personnel available to assist in meeting the project schedule if required? 3.0 Firm Capability & Assigned Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are enough people of the requisite skills and qualifications assigned to the project? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 1.0 Cost & Work Hours Are fee schedules for Consultant and subconsultants reasonable and competitive? Are reimbursable expenses included and detailed in the response? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 18 of 35 measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Consultant again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Consultant responsive to client needs; did the Consultant anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Consultant administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 19 of 35 V. ACKNOWLEDGEMENT Consultant 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 the terms, conditions and other provisions set forth in the RFP. Additionally, Consultant hereby makes the following representations to Utilities: a. All the statements and representations made in this proposal are true to the best of the Consultant’s knowledge and belief. b. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Consultant further agrees that the method of award is acceptable. e. Consultant 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. Consultant confirms the Preferred Qualifications and Experience form is completed accurately based on the experience of the proposed Design Engineer Team represented in this proposal. g. Consultant acknowledges 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 Agreement: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGEMENTS TO BE COMPLETED, SIGNED, AND RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 20 of 35 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) PROFESSIONAL SERVICES AGREEMENT WORK ORDER THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for RFP issued by the City. A blank sample of a work order is attached hereto as Exhibit A, consisting of one (1) page and is incorporated herein by this reference. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s) and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 21 of 35 shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 5. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ), in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 22 of 35 sole property of the City. 8. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 9. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 10. City Representative. The City will designate, prior to commencement of the Work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 11. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 23 of 35 12. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 13. Independent Contractor. The services to be performed by the Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 14. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 15. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 16. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Wtork. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 24 of 35 terms of this Agreement, such party may be declared in default. 18. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 19. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 20. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 25 of 35 under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If the Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 26 of 35 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 27 of 35 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City PM/Engineer OWNER’S REPRESENTATIVE: City PM WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. PROFESSIONAL: Professional's Name By: Date: Name: Title: Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 28 of 35 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference. ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer APPROVED AS TO FORM: Date: Name,City Attorney's Title (if greater than $1,000,000) ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Kevin Gertig, Utilities Executive Director (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) ACCEPTANCE: Date: Darin Atteberry, City Manager (if greater than $1,000,000) ATTEST: Date: City Clerk (if greater than $1,000,000) Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 29 of 35 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Company Name By: Date: Name: Title: ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 30 of 35 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 31 of 35 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 32 of 35 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 9143 Consulting Services for Stormwater Capital Improvements Projects Page 33 of 35 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non-documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 34 of 35 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Official Purchasing Document Last updated 10/2017 RFP 9143 Consulting Services for Stormwater Capital Improvements Projects Page 35 of 35 Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors. Professional may use subcontractors, though such activity shall not release or absolve Professional from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor Professional may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Professional and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Professional can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Professional breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Professional’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Professional acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Professional agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement. containing the names of all key personnel and sub consultants with titles and their specific task assignment for this Agreement shall be provided in this section. 3) A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. 4) Provide project descriptions of work performed and references for each of the Preferred Qualifications & Experience listed above and note which Qualification the example/experience meets. Include the owner’s name, title of project, contact name, email and phone number, beginning price, ending price, the role of the staff proposed for these services, subconsultants on the team and any change orders. Identify the top three references Consultant suggest the City contact. Complete the attached exhibit, Preferred Qualifications & Experience as part of your response regarding your firm’s experience. If Consultant has worked for the City of Fort Collins, provide two reference beyond the City reference. The established residential neighborhoods and business areas. 4 Experience with landscape planning and streetscaping Consultant or subconsultant on proposed Team has completed at least two municipal infrastructure projects that incorporated landscape planning and streetscaping components, including multi- modal considerations such as bike lane improvements.