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HomeMy WebLinkAboutRFP - 9220 TRANSPORTATION CAPITAL EXPANSION FEE PROGRAM ASSESSMENT AND UPDATERFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 1 of 31 REQUEST FOR PROPOSAL 9220 TRANSPORTATION CAPITAL EXPANSION FEE PROGRAM ASSESSMENT AND UPDATE RFP DUE: 3:00 PM MST (our clock), November 19, 2020 The City of Fort Collins Engineering Department is requesting proposals from a Consulting firm or team to complete an assessment and update of the City’s Transportation Capital Expansion Fee (TCEF) Program as a means to address the effects of new development and redevelopment and their associated transportation infrastructure impacts on the City of Fort Collins. 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 virtual pre-proposal meeting will be held at 9:30 AM MT, on November 3, 2020 via Zoom. The meeting information is as follows: Join Zoom Meeting https://us02web.zoom.us/j/82705074538?pwd=ZTZTUXVvU3k4ZFJ4NXJ1anV1Q2NEZz09 Meeting ID: 827 0507 4538 Passcode: 412792 One tap mobile All questions should be submitted, in writing via email, to Pat Johnson, Buyer at pjonhson@fcgov.com, no later than 4:00 PM MST (our clock) on November 6, 2020. Please format your e-mail to include: RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update and 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): 91896 Transportation Consulting 92593 Traffic and Transportation Engineering 91849 Finance/Economic Consulting 96129 Economic Impact Studies 91812 Analytical/Predictive Studies and Surveys 91892 Urban Planning Consulting 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 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 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 2 of 31 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. Vendor Registration: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Vendors to accept 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. However, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. 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 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 3 of 31 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 required to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 4 of 31 I. PURPOSE, BACKGROUND & OBJECTIVES A. Purpose The City of Fort Collins Engineering Department is requesting proposals from a Consulting firm or team to complete an assessment and update of the City’s Transportation Capital Expansion Fee (TCEF) Program as a means to address the effects of new development and redevelopment and their associated transportation infrastructure impacts on the City of Fort Collins. The successful Consultant will address all of the tasks, issues, and deliverables identified in their proposal, possess the expertise and experience necessary to complete the project on time and within the established budget, and be motivated to work with City staff and other affected interests to accomplish the goals and objectives associated with this project. B. Background The City of Fort Collins is seeking professional consulting services to assess and update the City’s TCEF Program. This impact fee program was originally adopted in 1979, with revisions in 1986, 1993, 1997, 2000, 2003, 2006, and 2017. The TCEF Program has been a stable long term funding source for the construction of transportation infrastructure in the City of Fort Collins. The TCEF Program is currently based on an Incremental Expansion model, using proportional impact fees to fund growth-related infrastructure that will benefit multiple development projects or the entire transportation network. Fort Collins City Council has established a four-year review cycle for the TCEF Program to ensure fees collected are proportional to a development’s impact. This becomes especially important as the City begins to approach build out of its Growth Management Area, as infill development becomes more prominent, and as modes of transportation in Northern Colorado begin to shift. C. Objectives Objectives of this project are: 1. Review the current fee collection methodology against industry best management practices for transportation impact fees. 2. Assess and update transportation impact fees to ensure proportionality between future development and needed improvements. 3. Explore how redevelopment and infill projects might generate different impacts and needs for transportation facilities. 4. Explore and potentially align the use of impact fees using not only the incremental expansion methodology but also with a TCEF priority project list. 5. Clarify reimbursement structure for both reimbursements to the City and reimbursement to developers for constructed improvements. 6. Explore phased funding implementation to City managed Capital Projects and help develop a more standard methodology for utilizing TCEF funding in Capital Projects looking at things such as: adjacent development, surrounding developments within the vicinity, unanticipated development impacts on capital projects, potential for future development in the area, etc. 7. Review and define a minimum funding reserve amount which aligns with industry best management practices. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 5 of 31 8. Review the Colorado Impact Fee law to ensure compliance with regulatory guidelines. 9. Explore elements of a funding strategy for long term and larger projects, such as combining impact fee revenue with other revenue for ineligible projects, exemptions for affordable housing and economic development, and service area boundaries. 10. Support and assist City staff with necessary outreach and presentations to Boards, Commissions, and City Council. o The TCEF fee update will be brought forward as part of a larger capital expansion fee update. Anticipate coordinated outreach efforts. 11. Develop revisions to City of Fort Collins Code/Charter and the City of Fort Collins Land Use Code, if appropriate. 12. Assist City staff in updating TCEF Program Guidelines 13. Provide on-call services as needed, extendable for up to a five year period at the discretion of the City. The successful team will complete a review of existing program methodology, identify key policy issues, update transportation modelling, and provide a completed study for adoption of the TCEF Program, including a draft impact fee ordinance. The successful team will ensure delivery of all work necessary to enable the City of Fort Collins Council to consider the revised TCEF fees as part of a larger capital expansion fee update planned for November 2021. Prior to November 2021 there are several anticipated milestone dates that will need to be met. See Project Schedule information below for more details. II. SCOPE OF WORK Tasks to complete the project include, but are not limited to, those outlined below. A. Kickoff and Data Gathering The first phase of the project will involve an organizational study with City staff and data collection. Upon contract execution, the Consultant will work with the City to schedule meetings with key members of City staff. At initial meetings, the Consultant will gather available information related to the project, identify key policy issues involved in updating the TCEF Program; and coordinate staff and Consultant responsibilities. The Consultants will obtain copies of all relevant plans, studies, data, and documents needed to perform the scope of work. This should include, but are not limited to: − City of Fort Collins Municipal Code/Charter o Chapter 7.5 o Chapter 24 − City of Fort Collins Land Use Code o Division 3.3.2 − 2017 TCEF Program Fee Study − 2003 TCEF Program (formerly Street Oversizing) Guidelines − Capital Expansion Fee Ordinance − Master Street Plan Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 6 of 31 − Capital Improvement Plan − Master Bicycle Plan − Master Ped Plan − Master Trails Plan − City of Fort Collins Arterial Intersection Prioritization Study − Larimer County Urban Area Street Standards − Various Area and Sub Area Plans − Various corridor plans − Colorado Revised Statute 29-20-104.5 − Northern Front Range MPO 2045 Regional Transportation Plan − City of Fort Collins Budgeting and Cash flow management guidelines The Consultant will review relevant budgets, fiscal information, planning documents, transportation fee impact ordinances and fee rates of other jurisdictions and other material so that meaningful discussions can be held regarding modifications to the TCEF Program. Once preliminary data collection is complete, the Consultant will analyze the existing TCEF Program – current levels of service, capital improvement programs or project listings, potential service area boundaries, impact fee development requirements, inclusion of various elements, including design, ROW, financing, overhead, local street portion, bridges and box culverts, railroad grade separations, etc., and exemptions for affordable housing and economic development. It is anticipated that weekly virtual meetings with City technical staff will be necessary to help identify key policy issues and manage the process to determine staff recommendations. B. Assessment Report The Consultant will summarize the assessment in a report identifying key issues in updating the City of Fort Collins TCEF Program. The Assessment Report will: 1. Identify eligible facility categories and an assessment of appropriate categories for a City of Fort Collins Transportation Capital Expansion Fee Program. o Evaluate and recommend funding distribution for complete streets, intersections, multimodal improvements, transit, bridges, multimodal grade separations, etc., if appropriate. 2. Summarize Growth Projections to the year 2045, including population, households and employment relevant to impact fees. Data used shall be specific to the North Front Range. 3. Develop model data that will establish the proportionality (or nexus) between future development and needed improvements. 4. Recommend updated residential and non-residential impact fees. o Update cost data (design, acquisition, and construction) to current regional costs o Evaluate the need to include new bridges and trail underpasses into cost data Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 7 of 31 o Evaluate the feasibility and methodology to collect transportation impact fees on building permits which finish basements  Square footage versus additional bedrooms evaluation o Evaluate the feasibility for additional fee tiers specific to residential development 5. Investigate other funding sources, various methodologies, and recoupment opportunities. Summarize existing budgeting and reserve policy effects on fund management. 6. Recommend service area boundaries, if appropriate. 7. Consider the degree or extent of intergovernmental cooperation. 8. Provide benchmark information related to similar transportation impact fees enacted within Colorado and in particular the Front Range area. 9. Discuss exemptions for various considerations, as applicable. 10. Discuss elements of a funding strategy combining impact fees with other revenue for ineligible costs, including the City’s current level of General Fund contribution to the TCEF Program. The draft TCEF Assessment Report will present and evaluate the existing impact fee program, proposed modifications, and alternatives available to the City of Fort Collins. The report shall conclude with a recommended course of action. The document will be delivered in digital format. The report shall also address questions posed in the “objectives” section above including: • How to potentially align the use of impact fees using not only the incremental expansion methodology but also with a TCEF priority project list. • Reviewing the Colorado Impact Fee law to ensure compliance with regulatory guidelines. • Can a funding strategy be developed for long term and larger projects, such as combining impact fee revenue with other revenue for ineligible projects, exemptions for affordable housing and economic development, and service area boundaries. Following delivery, an interdisciplinary City team will review the draft assessment report and provide comments. Once the report is finalized, City staff anticipates a high-level presentation to the City’s Council Finance Committee as well as to City Council as part of a public Council Work Session. The Consultant shall plan on attending both meetings. The results of the meeting will be incorporated into the Final Assessment Report. Please plan on virtual meetings at this time, but be prepared to attend the meetings in person, if appropriate. C. Prepare Transportation Impact Fee Study Based on comments and direction received, the Consultant shall prepare a program specific Transportation Impact Fee Study report for adoption. The report will include a summary of the need for impact fees for the appropriate transportation improvements, expansions, and the relevant funding methodologies. The report will include: Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 8 of 31 1. A detailed description of the methodologies used for the study. 2. A thorough description of all the formulas used and accompanying rational. 3. A comprehensive schedule of proposed impact fees listed by land use type and geographic location (if used). 4. Additional information which adequately explains and justifies the resulting recommended fee schedule. 5. Proposed City Code revisions in alignment with results of the study. 6. Spending guidelines associated with impact fee allocations toward capacity related improvements, i.e. design and construction of complete streets, pedestrian/bicycle, transit, intersection, etc. 7. Reviewing and defining a minimum funding reserve amount which aligns with industry best management practices. 8. Clarifying a reimbursement structure for both reimbursements to the City and reimbursement to developers for constructed improvements. As part of the calculation of the transportation impact fee rate structure, the Consultant will identify all information used to develop the proportional impact fee for new development. Costs anticipated to be used include cost per lane mile of a complete street, multimodal improvements, intersection improvements, transit improvements, and bridge/underpass improvements. The study shall identify percentages of each anticipated cost to determine the fee. It is anticipated that the selected Consultant will work significantly with staff to develop acceptable funding contributions toward various types of projects and criteria based on factors developed during the fee study and associated processes. Currently, transportation impact fees are collected into a single account and allocated as part of the incremental expansion method. The City is interested in exploring the ability to further refine the allocation of the impact fees toward projects with the funding allocations related to the amount of fees collected for specific uses and improvements. There is a need to deduct appropriate credits in order to avoid possible double payment for improvements. The Consultant will review present and future contributions made by new development to transportation improvements for which fees are collected. The Consultant will document all work assumptions, analysis procedures, findings, graphics, impacts, and recommendations, with technical documentation in appendices. The report will include an executive summary and conclusion. The document will be delivered in digital format for reproduction and distribution purposes. D. Prepare Transportation Impact Fee Ordinances Working closely with City Legal, Financial and Engineering staff, the Consultant will prepare the language for the Transportation Capital Expansion Fee Ordinance for the City. The ordinance will need to have language dealing with methodologies for adjustments to the fee on an annual basis based per the agreed to indicator. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 9 of 31 E. Outreach The Consultant will need to assist City staff through the development of presentations and exhibits. Outreach for the TCEF Assessment Report and Impact Fee Study will be coordinated with other City capital expansion fees (CEF) also being considered for revision. City staff anticipates the following outreach specific to the Assessment Report and the Impact Fee Study: 1. Presentations to various Boards, Commissions, and Business Associations o For the purposes of this RFP, please plan on assisting staff with seven meetings. 2. Presentation to City of Fort Collins Council Finance Committee 3. Presentation to City Council at a Council Work Session 4. Material development for two Council meetings in November 2021 With the emergence of virtual meetings, please share availability to meet virtually for the above in your proposal. In addition, please share availability for in-person meetings for all City Council focused interactions above. F. TCEF Program Guidelines Update The Consultant shall plan to assist the City in updating the TCEF Program Guidelines to correspond with proposed changes. The most recent guidelines are from 2003 and have been included with the RFP. Consultant shall anticipate the development of a new document as the current guidelines are out of date. G. On-Call Assistance The Consultant shall plan to periodically assist City staff in the event unique impact fees or the development of fee credit is needed during the duration of the contract. H. Anticipated Schedules 1. Project Schedule It is the City’s goal to complete a review of the TCEF Program. Any changes or modifications which may be necessary should be adopted by the end of year 2021, for implementation in 2022.  Evaluation of Existing TCEF Program Q1 2021  Develop Revised Fees, Program Recommendations Q1 & Q2 2021  Stakeholder Outreach Q2 & Q3 2021  City of Fort Collins Council Finance Committee Late Q2 2021  City of Fort Collins Council Work Session Early Q3, 2021  Finalize TCEF Study Q3 & Q4, 2021  City of Fort Collins Council Meeting November 2021 2. RFP Schedule  RFP Issued October 22, 2020  Pre-proposal meeting November 3, 2020 Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 10 of 31  Final Deadline for questions November 6, 2020  RFP Submittal due November 19, 2020  Shortlist Notification December 3, 2020  Conduct Interviews December 10 & 11, 2020 I. Budget The budget for this project is limited to $100,000 to $150,000, therefore Vendors are invited to submit proposals with the tasks prioritized to aid the City in working together with the selected firm to identify and implement core tasks within the budget available for this project. J. Interviews In addition to submitting a written proposal, the top-rated Consultants may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section V. Because of recent events involving COVID-19, the City will likely use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. K. Travel & Expenses Vendors are to provide a list of fees for reimbursable expenses. Reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. L. 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. M. 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. N. Fees, Licenses, Permits The successful Vendor 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. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 11 of 31 O. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. P. Agreement & Term The intent of the City of Fort Collins is to award a contract to one qualified Consultant and their sub-consultants for the services outlined in this RFP. The Consultants and the City will 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. The resulting Agreement(s) 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. 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. Q. Work Orders The awarded Vendor(s) will be expected to sign the City’s standard Work Order type services agreement, a sample of which is attached as Section VII for reference purposes. In the event that the City has agreements with multiple Vendors for the Work, the City reserves the right to request proposals for individual Work Order assignments from the awarded Vendors or will assign Work Orders directly to a Vendor at its sole discretion. Selection for individual Work Orders may be based on, but not limited to, availability, approach, prior experience, firm capability, and cost. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the Agreement). Each Work Order must include a start and completion date, total cost and a summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those submitted in the RFP response and subsequently included in the Agreement. No Work Order over $5,000 will be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 12 of 31 R. 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 the Vendor initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Consultants should limit the total length of proposals to a maximum of twenty-five (25) single-sided 8 ½” x 11” pages (excluding cover pages, table of contents, dividers, and Vendor Statement form). Brevity is appreciated and encouraged when possible. Font shall be a minimum of 10 point and margins are limited to no less than 0.5” for sides, top and bottom. Extended page sizes, such as 11” x 17”, count as a single page and should be limited to those pages which cannot be feasibly displayed on 8 ½” x 11” pages. Links to other documents, files or websites shall not be permitted. The responses shall be considered technical offers of what Consultants propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. It is suggested that the Contractors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the services offered, including a general description of the services and any unique aspects or benefits provided by the Consultant. Consultant should indicate their ability to participate in the interviews on the proposed dates as stated in Section II. B. Vendor Information 1. Describe your firm’s business and background 2. Number of years in the business 3. An overview of services offered and qualifications 4. Size of the firm Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 13 of 31 5. Location(s) of offices. If multiple, please identify which will be the primary for this contract. 6. Primary contact information for the company including contact name(s) and title(s), mailing address(es), phone number(s), and email address(es). Complete Section VI, Vendor Statement. C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. Include a description regarding how the analysis will be performed for the various identified areas identified, the methods and assumptions used, and the limitations of the analysis. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Include a description of the software and other analysis tools to be used. 5. Identify what portion of work, if any, may be subcontracted. 6. Proposed cost schedule to complete the project. 7. Proposed timeline to meet the project schedule and include milestone and completion dates. Schedule: Consultant’s schedule shall clearly indicate “critical path work items” including decision points requiring City input. Consultant must explain approach and strategy to ensuring this schedule is met as well as their understanding of the challenges associated. The schedule shall detail all items required to meet the final deliverable date and shall clearly indicate critical path work items. Schedule should include realistic timelines for performing critical path tasks. If the provided schedule described in this RFP is not attainable, provide an explanation as to why it is not and how it must be adjusted. Consultant should also address the question of whether additional personnel are available to assist in meeting schedule if needed. D. Firm Capability & Assigned Personnel Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub-consultants with titles and their specific task assignment for this Agreement shall be provided in this section. Include the identification of the contact person with primary responsibility for this Agreement. 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. 3. Description of legal qualifications for review of impact fee legislation and ordinance preparation. 4. Detail of transportation modelling experience. 5. Narrative of public financing and budgeting experience. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 14 of 31 6. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, sub-consultants on the team and a brief description of the work and any change orders. 7. Provide examples of at least two projects where you’ve worked with your sub- consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of expertise, and include all other applicable information herein requested for each sub- consultant. Identify what portion of work, if any, may be sub-contracted. 8. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. 9. Please speak to the issues and/or opportunities related to the remote working situation. Specifically, what are ways to keep the project on schedule and still facilitate meetings with stakeholders and property owners? 10. What adjustments to your processes do you plan to make or have made due to COVID-19? 11. A resume for each Consultant and technical person assigned to the Agreement, including partners and/or sub-consultants. The résumés shall include at least three individual references from previous assignments. Please limit resumes to one page. 12. The availability of project personnel to participate in this project in the context of the vendor’s other commitments. Provide a percentage of availability as well. 13. Provide a list of similar projects completed in the last five (5) years by the key members of the proposed team. E. 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. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 15 of 31 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. 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. F. Cost In your response to this proposal, submit all applicable Rate/Fee Schedules including applicable expenses. Identify the following: 1. Consultant’s proposal should include a detailed spreadsheet highlighting hours and fee breakdown (number of hours x hourly rate for employee name & job title) for tasks through final deliverables being submitted. 2. Schedule of Rates: Provide a schedule of billing rates by category of employee with job title to be used during the initial 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 when creating Work Orders. Include a per meeting rate in the event additional meetings are needed. A fee schedule for each sub-consultant, shall also be included. 3. Consultants are to provide a list of fees for reimbursable expenses to include the following for the Agreement: a. Reasonable travel expenses may be reimbursable as per the current rates found at www.gsa.gov b. Other direct expenses such as printing, copies, postage and deliveries shall be billed as a direct cost, no markups allowed c. Markups on sub-consultants and sub tier consultants will not be approved d. Markups for technology expenses will not be approved (phone, computer, etc.) All direct costs (i.e., travel, printing, postage, markups, etc.) specifically attributed to the work and not included in the billing rates must be identified. The Consultant will be required to provide original receipts to the City for all reimbursable expenses. No additional terms and conditions should be part of any Consultant or sub-consultant Rate Schedules. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 16 of 31 G. Additional Information Provide any information that distinguishes your firm / team from its competition and any additional information applicable to this RFP that might be valuable in assessing your proposal. Explain any concerns your firm / team 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. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Consultant firms / teams will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview. At the discretion of the City, interviews of the top-rated Consultant firms / teams may be conducted. Final score may include evaluation of elements from the written proposal and interview. Rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Is the Consultant’s estimate of hours realistic for the required tasks in the proposal schedule? 4.0 Firm Capability & Assigned Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 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? Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 17 of 31 2.0 Cost and 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? Is the Consultant’s cost estimate realistic for the required tasks and stated hours? Is the Consultant’s cost estimate competitively priced? 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 of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation (Top Rated Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD 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 I. If a study, did it meet the Scope of Work? II. If Consultant administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 18 of 31 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 19 of 31 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT WORK ORDER TYPE 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 "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. 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. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 20 of 31 emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence , 20 and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. 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 Service Provider. Such notice shall be mailed 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 address: Service Provider: 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 early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 21 of 31 , consisting of ( ) page(s), and incorporated herein by this reference. Payment shall be made by the City Net 30 days from the date of the invoice and upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider 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 Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 22 of 31 respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. 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 thereof. 16. 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. 17. 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 representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and 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 Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 23 of 31 certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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 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. 22. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider 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- Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 24 of 31 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. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 23. 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 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 25 of 31 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 26 of 31 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider 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 ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 27 of 31 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: 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 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 28 of 31 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 29 of 31 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 30 of 31 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider '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 Service Provider shall maintain during the life of this Agreement for all of the Service Provider'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 Service Provider 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 Service Provider 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. Official Purchasing Document Last updated 10/2017 RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 31 of 31 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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.