HomeMy WebLinkAboutRFP - 8225 MAXIMO CONSULTING SERVICES (2)REQUEST FOR PROPOSAL
8225 MAXIMO CONSULTING SERVICES
Technical Consultant, Project Management, Change Management and Related Services
The City of Fort Collins Utilities is seeking support for its continued implementation of a
comprehensive Maximo asset management system for asset lifecycle, work order, and
maintenance management. The Utility is specifically seeking the professional services of a
technical consulting firm to provide general support services including (1) Maximo best practice
implementation from an IT Technical and Business Process perspective, (2) Professional
project management for the implementation of Maximo and (3) related corporate and employee
workflow, process and human response change management guidance and support services
for a combined municipal water, wastewater, stormwater and electric distribution utility
operation.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is
preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and
e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, seven
(7) copies will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St.,
2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our
clock), February 2, 2016 and referenced as Proposal No. 8225. If delivered, they are to be sent
to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed
to the PO Box to be received at the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
Questions concerning the project should be directed to Pat Johnson, CPPB, Senior Buyer at
pjohnson@fcgov.com in written format. Please format your e-mail to include: RFP 8225
MAXIMO CONSULTING SERVICES in the subject line. The deadline for question submittal
is January 21, 2016 at 3:00 pm.
A copy of the Proposal may be obtained at www.rockymountainbidsystem.com
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in
their entirety. All provisions of any contract resulting from this request for proposal will be public
information. Firms are allowed to submit one (1) additional complete proposal clearly marked
“FOR PUBLIC VIEWING.” In this version of the proposal, the firm will redact all text and/or data
that it wishes to be considered confidential and denote the information as “proprietary” or
“confidential”. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
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
Fort Collins, CO 80522
8225 RFP Maximo Consulting Services 1
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
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.
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.
Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of
the organization’s philosophy and approach to Sustainability. In no more than two (2) pages
please describe how your organization strives to be sustainable in the use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates
the Triple Bottom Line into our decision process by including economic (or financial),
environmental, and social factors in our evaluation.
The selected Service Provider shall be expected to sign the City’s standard Agreement without
revision prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry S. Paul
Director of Purchasing
8225 RFP Maximo Consulting Services 2
TABLE OF CONTENTS
Page
I. OBJECTIVE, BACKGROUND AND GOALS 4
II. INSTRUCTIONS TO PROFESSIONALS 6
III. PROPOSAL FORMAT 9
IV. REVIEW AND ASSESSMENT 12
ATTACHMENTS
ATTACHMENT 1 - PROPOSAL ACKNOWLEDGEMENT 16
ATTACHMENT 2 - WORK ORDER #1 17
ATTACHMENT 3 - KEY RESOURCES 19
ATTACHMENT 4 – SAMPLE PROFESSIONAL SERVICES AGREEMENT, WORK ORDER
TYPE 21
Exhibit A: Sample Work Order Form 27
Exhibit B: Insurance Requirements 28
Exhibit C: Confidentiality 29
Exhibit D: Fort Collins Expense Guidelines 30
Exhibit E: Non-Disclosure 32
Exhibit F: Additional Contract Documents 35
8225 RFP Maximo Consulting Services 3
REQUEST FOR PROPOSAL
8225 MAXIMO CONSULTING SERVICES
Technical Consultant, Project Management and Change Management and Related Services
V. OBJECTIVE, BACKGROUND AND GOALS
A. OBJECTIVE
The City of Fort Collins Utilities is seeking support for its continued implementation of a
comprehensive Maximo asset management system for asset lifecycle, work order, and
maintenance management. The Utility is specifically seeking the professional services of a
technical consulting firm to provide general support services including (1) Maximo best practice
implementation from an IT Technical and Business Process perspective, (2) Professional
project management for the implementation of Maximo and (3) related corporate and employee
workflow, process and human response change management guidance and support services
for a combined municipal water, wastewater, stormwater and electric distribution utility
operation.
B. BACKGROUND
Maximo Project Status Description
Ft Collins Utilities, has 3 Maximo Environments, Development (DEV), Quality Assurance (QA),
Production (PROD) with QA and PROD using LDAP (Lightweight Directory Access Protocol), for
single sign on and security. Current version is Max 7.5.04, using Multi-Site configuration, with
PROD and QA using a Clustered design. Presently Fort Collins is in the process of migrating
DEV to Max 7.6.
We have Maximo deployed at our Water Treatment Plants. This was a minimal deployment, and
new applications, classifications, locations, job plans, etc. are being added.
Fort Collins is in the process of reviewing Requirements Use Cases and validating our first
Legacy System Data Migration, ported into Maximo via a GIS Feature Class Sync process. This
is for our Water Field Operations groups. We are migrating 3 separate, similar legacy systems
into one Maximo Site.
Presently Fort Collins is planning an upgrade of GIS/ESRI to Maximo Integration Architecture, to
include 2 way sync, instead of one way sync.
The City has in-house expertise in modifying the Maximo DB (database) schema, modifying
applications via User Interface(UI) and configuration, Start Centers, Key Performance
Indicator’s (KPI’s), Data loading via the MIF (Maximo Integration Framework), basic MBO
(Maximo Business Object) and ROS (Report Object Structures) knowledge and some BIRT
(BIRT Report Writer) and Crystal Reports expertise. The City can also refresh environments
from PROD as needed, not using Migration Manager at the moment.
There are 4 Maximo External systems integrations, 2 are operational, and 2 are planned; JDE
(ERP), CIS (Customer information) all one way integrations, via MIF Integration tables. GNET
(Cues GraniteNet) ESRI integration planned and Maximo Inventory to JDE (ERP) one way
Issues/Returns transactions designed and partially developed.
8225 RFP Maximo Consulting Services
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C. GOALS
1. Capability and Experience the City desires to procure under this RFP include:
a. Successful IBM Maximo implementation and operation experience and Best Practices,
including:
1) On-going operation of IBM Maximo systems in similar municipal applications
specifically including services for a combined municipal water, wastewater,
stormwater and electric distribution utility operation.
2) Mobile solutions that delivers IBM Maximo system functionality for use by Field
Operations.
3) IBM Maximo Spatial, IBM Maximo Linear, IBM Maximo Transmission &
Distribution and IBM Maximo Calibration add-ons.
b. Successful experience implementing Maximo Spatial (or similar functionality) into
Maximo configuration decisions, Maximo work flow processes, Maximo use case
implementations, data verification, data analysis and ESRI Map integration, including:
1) GIS Feature Class design and integration to Maximo, with or with Maximo
Spatial.
2) GIS to Maximo Synchronization, processes and software.
3) Mobile Applications Software Vendor RFP selection including support for Maps,
both online and offline.
c. Successful experience with rigorous Program/Project Management, including:
1) Critical path time line planning and execution.
2) Systems Architectural Engineering.
3) End to end technical Integration/Systems Engineering Leadership.
4) Implementation Execution.
5) Test Engineering.
6) Regular and Thorough Project Progress reporting.
d. Successful experience with Change Management & Business Process Transformation,
including:
1) Documentation and modification of use cases, business processes, etc. and
requirements as applicable for implementation of Maximo asset management
system for asset lifecycle and maintenance management.
2) Review of requirements documents and ability to perform Fit/Gap Analysis, for
migration to Maximo.
3) Building internal (employee) “grass roots” understanding, commitment,
momentum, and “buy-in” to facilitate implementation and subsequent day-to-day
operation of Maximo system.
4) Building and maintaining executive understanding and commitment to elements
of Change Management & Business Process Transformation that is required for
both implementation and on-going maintenance, as a critical success factor to
the ongoing operation of Maximo at the Fort Collins Utilities.
5) Supporting the creation of communications materials, oral, written, video, etc. as
may be appropriate for implementation, operation, training, etc. for the short and
long term operational success of Maximo at the City of Fort Collins Utilities.
2. Services to be performed. Provide professional services to effectively guide Fort Collins
through successful Maximo project implementation to successful long term operation with
capability, knowledge and experience that include:
8225 RFP Maximo Consulting Services 5
a. Knowledge and experience related to other Utility and governmental organizations
lessons learned about what to avoid, what to address, etc. for successful implementation
and operation.
b. Maximo configuration to support reporting and operation for long term success and
efficient operations.
c. Project Management to include definition and adherence to project’s scope, schedule,
quality, and cost and supporting related communications with all levels within the Utilities
and City organization.
d. Identifying and supporting technology and integrations that will sustain the Utility well
into the future and not become prematurely obsolete.
e. Troubleshooting and recommendations for any IT, business processes, etc. systems
integrations required for successful implementation and operation of Maximo.
f. Identifying and supporting implementation of mobile solutions compatible with Maximo
for use by Field Operations crews.
g. Although Spatial and mapping implementation is being addressed as a separate project,
Spatial integrations, coordination and timing are critical to successful implementation
and operation of Maximo most specifically as related to water and electric field
operations. Keen attention, understanding and coordination with the Spatial mapping
project is a requirement and is critical to the success of this Maximo project. This will
require close coordination and understanding of the Utilities Mapping project which is a
critical path dependency for the Maximo implementation. Focus and attention shall
include field use best practices with respect to mobile application, Spatial and mapping
operational integration, etc.
VI. INSTRUCTIONS TO PROFESSIONALS
A. Minimum Compliance Requirements:
Professional’s proposal will be reviewed to determine if it meets Minimum Compliance
Requirements for further consideration. If it is concluded by Fort Collins Utilities that
Professional’s proposal does not meet the Minimum Compliance Requirements, the
proposal will be considered non-responsive and will not receive any further consideration.
This review shall be based on the sole determination of Fort Collins Utilities and the
conclusions of this review shall be final.
Professional is advised that they shall not have the opportunity to address any deficiencies
after their proposal has been submitted. Proposal should be complete and clearly include
the required information described below.
1. Must have clearly demonstrated successful implementation and operational
experience with similar governmental utilities including Maximo version 7.5 and
familiarity with 7.6 applications. Must demonstrate experience in a majority of the
following operational areas: water distribution, wastewater collection, storm water,
electric power distribution, water production, water reclamation, supply chain, fleet
management and facilities management.
2. Demonstrated experience in working with local government organizations to
understand local government, values and goals.
3. Demonstrated success in implementing mobile solutions for Maximo for utility field
operations applications.
8225 RFP Maximo Consulting Services 6
4. Demonstrated capability and skill to present varied aspects of the Maximo project to
various parties who are interested and impacted by this project. This audience at the
City of Fort Collins includes Utility employees such as Field Operations personnel
and managers, executives in the organization and citizen boards/committees.
5. Demonstrated/verifiable successful experience implementing Maximo Spatial (or
similar functionality) into Maximo configuration decisions, Maximo work flow
processes, Maximo use case implementations, data verification, data analysis and
reporting.
6. Key Resources identified in Attachment 3, Key Resources, are substantive to
consideration and selection of Professional. Professional shall contractually commit
specific individuals’ availability and continuity to the Fort Collins project. Likewise,
Fort Collins reserves the right to actively participate in changes to key resources,
such as removing key resource staff from the Fort Collins project when Fort Collins,
at its sole opinion, concludes the given consulting resource does not provide the
maximum project benefits for Fort Collins; and selection of any new Key Resources
staff that Professional desires to bring to the Fort Collins project.
B. FEES, TRAVEL & EXPENSES
1. Consultant shall include a current fee schedule. A fee schedule for sub-consultants, if
used, shall be included.
2. Consultants are to provide a list of fees for reimbursable expenses. Reasonable
expenses will be reimbursable as per the attached Attachment 4, Exhibit D Fort Collins
Expense Guidelines and as negotiated.
C. RFP FOR ADDITIONAL SERVICES TO COMPLETE THE MAXIMO PROJECT
In the event that the selected firm writes any applicable RFPs for related work under this
agreement, the firm will not be able to respond to those RFPs or provide the work being
requested through said RFPs.
D. USE OF SUB-CONSULTANTS/PARTNERS
There may be areas for use of sub-consultants or partners from the award of this RFP.
Consultants will be responsible for identifying the sub-consultants necessary during the
scope of work negotiation.
Please keep in mind that the City will contract solely with the Consultant, therefore sub-
consultants/partners remain the sole responsibility of the Consultant.
E. RFP SCHEDULE
The expected schedule for the RFP is as shown below.
Milestone Date
Issuance of RFP January 12, 2016
RFP Questions due January 21, 2016,
Final Addendum Issued January 25, 2016
RFP Proposals Due February 2, 2016
Interviews/Present Proposals February 22-24,2016 (Tentative)
8225 RFP Maximo Consulting Services 7
F. PERIOD OF AWARD
The period of performance for the Maximo Consulting Services Agreement is from contract
award approximately March 2016 for an initial period of one year. The contract will include the
option, at the sole discretion of Fort Collins, to renew the contract for up to four (4) additional
one (1) year terms.
G. KEY RESOURCES
Personal resumes shall be provided for candidates in the roles described in Attachment 3.
H. FINANCIAL STATEMENT (CONFIDENTIAL)
Firms are to submit the following information in a separate file for review by the Director of
Purchasing. Documents listed here will be kept confidential.
Provide a recent financial statement (audited if possible) including balance sheet and income
statement showing:
1. Current assets
2. Other assets
3. Current liabilities
4. Other liabilities
5. Fixed assets and equipment
6. Banking Reference (Provide name, address and phone number)
I. CONFLICT OF INTEREST DISCLOSURE
The Utility is committed to objectivity, full disclosure and protection of propriety information in all
its procurement practices. Accordingly, bidders shall:
NOTE: If a project team made up of individuals from more than one organization is being
proposed, address the following questions in the context of each separate organization/staffing
resource included in the collective team proposal.
1. Disclose any current or recent (within the last two years) contractual relationship with
any supplier of Maximo support technologies and or vendors such as Mobile
applications, Spatial and Mapping applications, etc.
2. Explain any “partnering” relationships with any Maximo support technologies and or
vendors such as Mobile applications, Spatial and Mapping applications, etc.
3. For the current company personnel only, cite their Maximo, Mobile applications, Spatial
and Mapping applications experience.
4. Cite experience in the investor owned/public power sector and familiarity with Maximo
projects by other utilities.
5. Cite experience in the public sector with Maximo projects by other public entities.
6. Describe other current Maximo project commitments and demonstrate that ample expert
personnel are available to meet Utility’s needs.
8225 RFP Maximo Consulting Services 8
7. Provide a company/project organization chart and list. Discuss any recent gains or
losses of technical, engineering, or management personnel involved in Maximo
implementation and operational support in the previous 18 months.
8. If a project team made up of individuals from more than one organization is being
proposed, provide a project organization chart clearly identifying separate individuals
being proposed and related organizational affiliation of each.
9. Discuss the impacts or changes associated with acquiring or being acquired by any
other firm within the past 3 years
10. Discuss experience with investor owned/municipal utilities of a size equal to or larger
than the City of Fort Collins Utilities.
11. Disclose any current or past litigation, contractual disputes or early terminations as
related to over payment or performance.
J. AGREEMENT
A sample copy of the Agreement the City will use to contract for the services specified in this
RFP is included for your review. The attached contract is only a sample and is not to be
completed as part of the proposal. It is the intent of the City to incorporate the RFP documents,
RFP Response and BFO in the Agreement. Please note in your proposal any exceptions to the
contract. Any material exceptions to the contract may be grounds for considering a proposal
non-responsive.
VII. PROPOSAL FORMAT
For this section, consultants are required to provide detailed written responses to the following
items in the order outlined below. The responses shall be considered technical offers of what
consultants propose to provide and shall be incorporated in the contract award as deemed
appropriate by Utilities. A proposal that does not include all of the information required may be
deemed incomplete and may be subject to rejection.
Limit the total length of your proposal to a maximum of 50 pages (8.5 x 11” only) (excluding
covers, table of contents, dividers, sustainability response and proposal acknowledgement
form). The Fee Schedule may be 11 x 17” if necessary (2 pages). The Director of Purchasing
may reject proposals received that are longer than 50 pages in length. If choosing to submit
hardcopy Proposals, Professional shall use recycled paper wherever possible.
A. CONSULTANT INFORMATION AND EXPERIENCE
The Consultant should provide the following information:
1. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
2. Describe the Company’s business and background, including the size, location,
capacity, type of firm, details about ownership and year established.
3. Describe the company’s structure, including an organizational chart, which illustrates
leadership and roles.
4. Complete the Proposal Acknowledgement form.
8225 RFP Maximo Consulting Services 9
B. MINIMUM COMPLIANCE REQUIREMENTS
Clearly state in this section or clearly identify where in the proposal Professional believes they
have fulfilled each and all of the Minimum Compliance Requirements as listed above.
Please note: If it is concluded by Fort Collins Utilities that Professional’s proposal does not meet
the Minimum Compliance Requirements the proposal will be considered non-responsive and will
not receive any further consideration. This review shall be based on the sole determination of
Fort Collins Utilities and the conclusions of this review by Fort Collins shall be final.
C. CONFLICT OF INTEREST DISCLOSURE
Address each specific items listed under the Conflict of Interest Disclosure above.
D. SCOPE OF PROPOSAL
1. Provide a detailed narrative of the services your firm proposes to provide if awarded the
contract. The narrative should include any options that may be beneficial for Utilities to
consider.
2. Describe how the project would be managed and who would have primary responsibility
for its timely and professional completion.
3. Describe the methods and timeline of communication of project status your firm will use
with the City’s Project Manager and other members of the Project team.
4. Detail recent experience your firm and proposed team has related to the scope of work
as described in this RFP.
5. For Work Order #1, Attachment 2, provide a work plan, level of effort and related fees for
the Work Order #1 as described herein. Describe your recommended approach to the
project and estimated hours for each proposed task. Detail risk factors to be considered,
major issues and significant dependencies to be considered.
E. COST AND WORK HOURS
Provide labor rates per the job descriptions included in Attachment 3 and any other applicable
resources. Include annual price escalator if any for 2016 through 2021. Price increases, if
necessary, will only be added on an annual basis at time of renewal. Further, please include any
reimbursable expenses and applicable mark-ups that would apply to this contract.
The City of Fort Collins desires time and material pricing for the services described herein for a
potential five (5) year contract term. Proposer should submit multi-year (2016-17, 2017-18,
2018-19, 2019-20 and 2020-21) rates of resources that meet this RFP’s requirements as
outlined herein.
For Work Order #1, provide us with a breakdown by employee name and job title, hourly rate for
each, estimated number of hours per milestone task, and estimates for any reimbursables and a
total not to exceed cost. Work order #1 is very close to the actual Scope of Work (SOW) that will
be executed with the awarded Consultant. The final SOW and pricing will be negotiated with the
awarded Consultant based on the pricing included in the RFP response and other factors.
Provide sub-consultant information as well, following the instructions above.
8225 RFP Maximo Consulting Services 10
F. ASSIGNED PERSONNEL/FIRM CAPABILITY
Identify key personnel who will execute the project and duties as identified in Attachment 3.
1. Include resumes (limited to 2 pages each) for each project participant.
2. Provide a description of similar relevant work performed and contact person information.
Ideal references will include services for (1) Maximo implementation and operation, (2)
Maximo implementation and operation project management and (3) related change
management support services. It will be Fort Collin’s discretion to contact all, some, or
none of these references. In addition to those listed in the proposal, additional work
references may be contacted as Fort Collins determines may be helpful for evaluation
purposes. Include the following information for three (3) or more recent references :
a. Name of firm
b. Name and title of contact, phone number and email address
c. Relevant services provided
d. Contract amount, cost at completion and change order information (explain why
the change occurred and additional costs
e. Original schedule and actual completion time for each change order
3. What experience does your firm have with the relevant legacy operational systems at
Fort Collins?
4. What additional relevant experience with Fort Collins operations, staff, etc. does
Professional’s proposal include?
5. If sub-consultants are proposed to perform a portion of these services, describe the sub-
consultants that you have working relationships with and that you propose to use under
this award. Detail projects where you have worked with the sub-consultants previously.
6. If you are including a sub-consultant as part of your team, please provide answers as
related to these sub-consultants to questions 1-5 in this section as well.
7. Provide details on your firm’s commitment to quality and attention to detail. Explain the
processes your team will use to assure delivery of a high quality finished product.
G. AVAILABILITY
1. How will Proposer’s team seamlessly engage with current project activities and tasks at Fort
Collins?
2. Describe the availability of project personnel to participate in this project in the context of the
consultant firm’s other commitments.
H. SUSTAINABILITY/TBL METHODOLOGY
In no more than two (2) pages please describe how your organization strives to be sustainable
in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. Address how
your firm incorporates Triple Bottom Line (TBL) into the workplace, see below in Section IV:
Review and Assessment for additional information.
8225 RFP Maximo Consulting Services 11
I. ADDITIONAL INFORMATION
Provide any information that distinguishes Consultant from its competition and any additional
information applicable to this RFP that might be valuable in assessing Consultant’s proposal.
VIII. REVIEW AND ASSESSMENT
A. Selection Process
The evaluation process is anticipated to be a multistep process that will lead to a narrowing of
Professionals in each step for final consideration and selection. Depending upon number of
qualified proposals and results of evaluations, individual steps described below may be
combined or modified as Fort Collins determines is in the best interest of the Fort Collins
selection process. Anticipated steps in the selection process are:
1. Evaluation based on Professional’s written proposal.
2. Evaluation based on Professional Interviews and BFO offer.
3. Evaluation based on Reference calls.
B. Evaluation
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals, the Best and Final Offer (BFO), the interview
session and the optional reference calls. At the discretion of the City, interviews of the top rated
firms 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.
This review shall be based on the sole determination of Fort Collins Utilities and the conclusions
of this review by Fort Collins shall be final.
WEIGHTING
FACTOR
EVALUATION
CRITERIA
STANDARD
2.0
Scope of
Proposal
Does the proposal follow proposal format
directions, adequately address all topics
and show an understanding of the project
objectives, methodology to be used and
results that are desired from the project?
Are there any exceptions to the
specifications, Scope of Work, or
agreement?
8225 RFP Maximo Consulting Services
12
3.0 Assigned
Personnel/Firm
Capabilities
Do the persons who will be working on the
project have the necessary skills,
knowledge and abilities? Are sufficient
people of the requisite skills assigned to
the project? Do the assigned personnel
have past experience in the Maximo
system for Utilities and its on-going use,
project management, change management
in guiding other similar programs and
projects to successful implementation and
operation? What has been their
demonstrated success rate in delivering
quality results in prior engagements?
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the
project on-time and in-budget? Do the
firm’s personnel have past experience in
implementing and operational support of
other similar programs and projects to
successful completion? What has been
the success rate in delivering quality
results in prior engagements? Do the
firm’s personnel have professional
Maximo, Project Management, and
Change Management experience and
credentials? Does the firm have broad and
deep relevant technical skills?
1.0 Availability Can resources start on the project
immediately? Can the target start and
completion dates be met? Are other
qualified personnel available to assist in
meeting the project schedule if required?
Is the project team available to attend
meetings as required by the Scope of
Work? Is indicated availability supported
by others experience with firm?
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2.0 Cost and
Work Hours
Do the proposed hourly billing rates and
expenses compare favorably with the
project Manager's estimate? How do the
cost and work hours compare among
proposals as related to level of effort
(hours) required and demonstrate
understanding of work effort required? Are
work hours presented adequate and
reasonable for the effort required in each
project task or phase? Does the proposal
included detailed cost break-down for each
cost element as applicable and are the
line-item costs competitive?
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?
8225 RFP Maximo Consulting Services 14
C. Best and Final Offer
At the time of interviews, Professionals will have the opportunity to improve the value of the proposal for
services being submitted to the City. Examples of such enhancements that may be offered would
include additions to professional team offered in proposal, enhancements that might improve any of the
Evaluation Criteria considerations described above.
D. Reference evaluation (Top Ranked Firm)
The City Utilities’ Project Manager and the Senior Buyer will check references using the following
criteria. The evaluation rankings will be labeled Satisfactory and Unsatisfactory.
QUALIFICATION STANDARD
Performance to scope
How well did Professional perform in meeting scope
as initially defined? Were change orders or other in
process modifications required to meet initially
defined scope?
Assigned Personnel
Did people working on project consistently
demonstrate knowledge, skills and abilities to deliver
desired project results? Was the Professional
responsive to client needs; did the Professional
anticipate problems? Were problems solved quickly
and effectively?
Availability
Was professional able to meet all target start,
delivery and completion dates? Were there any
issues of scheduling conflicts or availability that
created problems for the project?
Cost and Work Hours
Did Professional meet cost and work hour estimates
provided on work tasks? Were there cost and/or
work hour overruns? If so, what was the cause, lack
of Professional’s ability to provide good estimates,
overruns beyond Professionals ability to anticipate?
Did Professional demonstrate understanding and
planning for “normal” cost and scope over run
factors?
Firm Capability
Did Professional consistently demonstrate
organizational capability to support assigned
personal, your organization and your project?
Overall Performance Would you hire this Professional again? Did
consistently show the capability and skills required
by this project? Was their team good to work with?
Could they adjust and effectively support the varying
needs, style and concerns of the diversity of people
from your organization?
8225 RFP Maximo Consulting Services 15
ATTACHMENT 1
PROPOSAL ACKNOWLEDGEMENT
Consultant hereby acknowledges receipt of the City of Fort Collins Utilities’ 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, the Consultant hereby makes
the following representations to Utilities:
a. All of 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 180 days from the date hereof.
d. I further agree that the method of award is acceptable to my company.
e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30
days of notice of award.
f. If contract is not completed and signed within 30 days, City reserves the right to cancel
and award to the next highest rated firm.
g. I acknowledge receipt of addenda.
Consultant Firm Name:
Physical Address:
Remit to Address:
Phone:
Authorized Agent of Firm Name:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
16
ATTACHMENT 2
8225 Maximo Consulting Services
Technical Consultant, Project Management, Change Management and Related Services
WORK ORDER #1:
I. Task Summary
1. Fort Collins Utilities’ project for the implementation of a Maximo asset management/worker
order system for asset lifecycle and maintenance management has lacked an adequately
detailed Project Management Plan. The first task to be supported by selected Professional will
be to assist Fort Collins in developing this detailed Project Management Plan.
2. As described in the Background discussion included in this RFP a certain level of
implementation has been completed and substantially more remains to be completed.
Implementation work yet to be completed includes final Maximo implementation for Water Field
Operations, selection and implementation of mobile application to support water and electric
field operations, integration of Maximo with Utilities Spatial strategy (a separate project from this
Maximo project) that requires a high level of coordination, understanding, and scheduling
integration with this Maximo project, implementation of Maximo for Utilities Materials
Management (warehousing operations), and implementation of Maximo for Light and Power
Field Operations.
3. Work Order #1 is for the development of a detailed Project Management Plan to complete the
implementation of a Maximo assets management system for asset lifecycle and maintenance
management for Fort Collins Utilities. This detailed Project Management Plan shall include
scope (deliverables), schedule and cost baselines, requirements management plan,
configuration management plan, change management plan, communication plan, and process
improvement plan. Significant dependencies and risks shall also be identified.
4. Include in this scope of work any additional tasks and reporting that Professional believes
would be helpful for Fort Collins Utilities management and staff to track and refine project
implementation performance for successful implementation of Maximo assets management
system for asset lifecycle and maintenance management for Fort Collins Utilities.
II. Schedule
The period of performance for Work Order #1 is from TBD (anticipated to begin March 1, 2016.)
III. Project Execution
Provide a task-by-task description of how each phase of Work Order #1 will be developed and
completed. Include proposed approach, tools, methods etc. to successfully complete each task.
IV. Project Timeline
Provide a project timeline, to complete Work Order 1 with significant milestones based on a start
date of March 15, 2016.
V. Utilities Staff
Identify key utilities personnel or functional responsibilities that will be required to help insure
successful execution of Work Order #1. Briefly identify their duties and responsibilities as well
as estimated level of effort required for planning purposes.
VI. Professional Staff
17
Identify key personnel who will execute the Work Order and briefly identify their duties and
responsibilities.
VII. Estimated Professional Staff Effort (to be completed by professional as a part of
response to RFP)
For the specific tasks and activities of Work Order #1, estimated hours by task for the period of
performance of Section IV.
Task Resource
To be completed in proposal by
Professional
To be completed in proposal
by Professional
VIII. Compensation (to be completed by professional as a part of response to RFP)
Professional Services
Resource Hours Compensation:
2016
To be completed in proposal by
Professional
To be completed in proposal
by Professional
To be
completed in
proposal by
Professional
Attached itemized list and cost breakdown for all reimbursable direct costs. Reimbursable direct
costs (refer to Professional Services Agreement): $_________
MAXIMUM estimated compensation for both Professional’s time and reimbursable direct costs:
$___________
18
ATTACHMENT 3
KEY RESOURCES
Professional should modify titles and or job descriptions to correspond to Professional’s
terminology and for any proposed resources.
Title Job Description
Project Director Senior Executive with ultimate authority for
large scale or turn key projects reporting to
senior executive sponsors. Industry known
expert in utility project management. Industry
known expert in Project Director or Project
Manager role.
Project Manager Planning and administration of day to day
project activities, monitoring execution of
project schedules, routine status reporting,
communicating risk and issues.
Solution Architect/Developer Technical expertise for business process
analysis re-engineering and integration
analysis and implementation for enterprise
systems integration. Engineering expertise for
ensuring the proposer integration of related
utility operational systems such as CIS, OMS,
GIS, ERP, JDE, and SCADA. At least one
reference each in GIS and Maximo
implementation projects serving in the Solution
Architect role.
Functional Maximo Specialist Implementation, configuration and operational
knowledge and experience with Maximo
applications in multi-utility governmental
organizations, implementation and operational
knowledge of a mobile platform that delivers
IBM Maximo functionality and implementation
and operational knowledge of Maximo Spatial.
Including User Interface, Database Attributes,
Start Centers, KPI’s, Work Flows, and
Reporting. Create existing Legacy reports into
BIRT/COGNOS reports as needed. Update
existing reports, QBR etc.
19
Change Management Specialist Change Management guidance and structure
to help insure effective training and long term
organizational understanding and engagement
for successful operation of Maximo system..
Communications Specialist Change Management and support of overall
project communications efforts. High degree of
knowledge of Fort Collins Utilities customers
and communications approach.
Others as may be proposed by Professional.
Include Title and Job Description
20
ATTACHMENT 4
SAMPLE 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 "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 $ . 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, Professional shall be solely responsible for performance of all duties
hereunder. A general scope of services is attached hereto as Exhibit “B”, consisting of
( ) page and is incorporated herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Professional and mailed no later than thirty (30) days prior to
contract end.
5. Contract. This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or
oral representations and agreements. The Agreement incorporates the following
Contract Documents. In resolving inconsistencies between two or more of the
Contract Documents, they shall take precedence in the order enumerated, with the
first listed Contract Document having highest precedence.
21
The Contract Documents, except for Modifications issued after execution of this
Agreement, are:
a. This Agreement
b. Addenda, if any
c. Request for Proposals, containing ( ) pages, dated .
d. Best and Final Offer
e. Consultant's Proposal, containing ( ) pages, dated .
6. 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.
4. 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 Professional
a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees
22
and costs shall not exceed ($ ), in accordance with Exhibit “ ”, consisting
of ( ) page , 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. [Optional]
Insert Subcontractor Clause Final payment shall be made following acceptance of the
work by the City. Upon final payment, all designs, plans, reports, specifications, drawings,
and other services rendered by the Professional shall become the sole property of the
City.
8. 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. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
10. Project Drawings. [Optional] Upon conclusion of the project 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,
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 City in an AutoCAD version no older then the established city standard.
11. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the
City Representative with a written report of the status of the work with respect to the
Scope of Services, Work Schedule, and other material information. Failure to provide any
required monthly report may, at the option of the City, suspend the processing of any
partial payment request.
12. Independent Contractor. The services to be performed by Professional are those of an
23
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
13. 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.
14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to the City under this
Agreement.
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.
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 representatives, successors and assigns of said parties.
18. 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.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
24
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. 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. 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. 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 Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that 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 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. 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 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, Professional shall be liable for actual and
consequential damages to the City arising out of 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 Professional violates this
25
provision of this Agreement and the City terminates the Agreement for such breach.
20. 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 Utilities or the Privacy Committee.
21. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
PROFESSIONAL'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
26
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Original Bid/RFP Project Number & Name:
Commencement Date:
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 Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this Work Order (including the
attached forms) the Professional Services
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.
PROFESSIONAL
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
Submitted By: _________________________
Project Manager
Date: _________________________
Reviewed by: _________________________
Senior Utility Engineer
Date: _________________________
Approved by: _________________________
Water Engineering & Field Services
Operations Manager
Date: ________________________
Approved by: _________________________
Utilities General Manager
(over $1,000,000)
Date: ________________________
Approved by: _________________________
Purchasing Director (if over $60,000)
Date: _______________________
27
EXHIBIT B
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.
28
EXHIBIT C
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
29
EXHIBIT D
Fort Collins Expense Guidelines:
Lodging, Per Diem Meals and Incidentals and Other expenses:
January 1, 2016
Fort Collins Policy:
Lodging:
• Hotels will be reimbursed at $109/day provided the government rate is available. If the
government rate is not available, the best available rate shall be used and a printout of
the available rates at the time of the reservation provided as documentation.
• Hotel taxes do not count to the $109 limit, i.e. the rate is $109 plus applicable taxes.
• Receipts are to be provided.
• Actual expense will apply
Meals and Incidentals:
In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.
• Daily rate: $59
• Travel Days rate: 75% of $59 = $44.25
Vehicle Expenses:
• All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to
be reimbursed. The standard for vehicle size is mid-size to lower.
• If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the
IRS. The most direct route is the standard for determining total mileage.
• Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The
rate for 2016 is $0.54.
• Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins.
Extra Ordinary Cost
• Prior authorization required.
Expenses Not Allowed
• Liquor, movies, or entertainment (including in-room movies);
• Sporting events;
• Laundry, dry-cleaning or shoe repair;
• Personal phone calls, including connection and long-distance fees;
• Computer connections (unless required for City business);
• Other personal expenses not directly related to City business;
• Convenience charges;
• Rescheduling Airline Charges not related to City requirements.
• Excessive meal tip amounts generally over 20%;
• Delivery fees shall not exceed 10% of the total bill, if not already included;
• Hotel Cleaning Tips;
• Extra Baggage for one day trips;
• Air Travel (when local);
30
• Items that are supplied by the City.
Time Frame for Reporting
• Per contract (every 30 days).
Reference:
The Federal GSA guidelines for Fort Collins are $98/day for hotel and $56 for meals and
incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage
carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between
places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging
taxes) are not covered by per diem and are expensed as a separate line item.
The M&IE is further broken down by:
• Breakfast: $13
• Lunch: $15
• Dinner: $26
• Incidentals: $5
Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e.
$44.25 for Fort Collins.
31
EXHIBIT E
NON-DISCLOSURE AGREEMENT
THIS NON-DISCLOSURE AGREEMENT (Agreement) made and entered into this day of
2015, by and between the City of Fort Collins, a municipal corporation (“City”) and
(Professional) (collectively, the “Parties”).
WITNESSETH
WHEREAS, the parties desire to assure the confidential and/or proprietary status of the
information which may be disclosed to each other in connection with their discussions relating to
RFP .
NOW, THEREFORE, in consideration of terms and covenants contained herein, the Parties
agree as follows:
1. Confidential Information.
Confidential Information controlled by this Agreement refers to information which is
confidential and/or proprietary and includes by way of example, but without limitation, City
customer 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". In the case of disclosure in non-documentary form made orally or by visual
inspection, the Discloser shall have the right, or, if requested by the Recipient, 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 shall be considered in
the same manner and be subject to the same treatment as the information disclosed after
the execution of this Agreement.
2. Use of Confidential Information. Recipient 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 Discloser. Recipient agrees to use the same degree of care
Recipient 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, Recipient shall keep
confidential and not disclose the Confidential Information. The City and Contractor shall
cause each of their directors, officers, employees, agents, representatives, Subcontractors
to become familiar with, and abide by, the terms of this section.
3. 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 receiving 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.
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4. Required Disclosure. If the receiving party is required (by oral questions, 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 that the receiving
party will provide the disclosing party with prompt notice of such request, so that the
disclosing party may seek an appropriate protective order or waive the receiving party’s
compliance with the provisions of this Agreement. The parties further agree that if, in the
absence of a protective order or the receipt of a waiver hereunder, the receiving party is
nonetheless, in the opinion of its legal counsel, compelled by law to disclose Confidential
Information to any person, entity or tribunal, the receiving party may disclose such
Confidential Information to such person, entity or tribunal without any liability under this
Agreement.
5. Professional shall not, disclose any such Confidential Information to any person, directly or
indirectly, nor use it in any way, except as required or authorized by the City.
6. 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
Vendor 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.
7. The agreement not to disclose Confidential Information as set forth in this document shall
apply during the term of the project and at any time thereafter unless specifically authorized
by the City in writing.
8. Professional shall make no copies of any Confidential Information obtained.
9. If Professional breaches this Agreement, the City may immediately terminate this Agreement
and withdraw Professional’s right to access Confidential Information.
10. 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 Discloser and, upon request, shall be promptly returned, together with all copies
thereof to the Discloser. All digital and electronic data should be deleted in a non-restorable
way by which it is no longer available to the Recipient. Written verification of the deletion
(including date of deletion) is to be provided to the Discloser within ten (10) days after
completion of engagement, whether it be via termination, completion or otherwise.
11. Professional acknowledges that the City will, 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.
12. No act of omission or commission of either the City or Professional, including without
limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a
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waiver, release, or modification of the same. Such a waiver, release, or modification is to be
effected only through a written modification to this Agreement.
13. Neither party shall assign any of its rights, privileges or obligations under this Agreement to
any third party without prior written consent of the other party.
14. This Agreement is to be construed in accordance with the laws of the State of Colorado.
Venue and jurisdiction for any cause of action or claim asserted by either party hereto shall
be in the District Court of Larimer County, Colorado.
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EXHIBIT F
ADDITIONAL CONTRACT DOCUMENTS
Best and Final Offer (BFO)
Addenda to RFP
RFP 8225
Awarded Professional’s Response
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