HomeMy WebLinkAboutRFP - 8329 SURVEY SERVICES - MISCELLANEOUS PUBLIC OPINION SURVEY (2)REQUEST FOR PROPOSAL
8329 SURVEY SERVICES – MISCELLANEOUS PUBLIC OPINION SURVEYS
The City of Fort Collins is requesting proposals from qualified firms to conduct various public
opinion surveys. .
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, nine (9) 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), June 22, 2016 and referenced as Proposal No. 8329
Survey Services. 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 scope of the bid should be directed to Mary Pat Aardrup at (970) 416-
2832 or mpaardrup@fcgov.com.
Questions regarding bid submittal or process should be directed to Ed Bonnette,
CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com.
All questions must be submitted in writing via email to Mary Pat Aardrup , with a copy to
Ed Bonnette, no later than 5:00 PM our clock on 6/8/2016. Questions received after this
deadline will not be answered.
A copy of the RFP 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.
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.
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
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Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other
state and local governmental agencies, political subdivisions, and/or school districts to utilize the
resulting award under all terms and conditions specified and upon agreement by all 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
Purchasing Director
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REQUEST FOR PROPOSAL
8329 Survey Services – Miscellaneous Public Opinion Surveys
The City of Fort Collins is seeking a firm that can conduct various public opinion surveys. The
selected firm will enter into a work order professional services agreement with the City for
conducting surveys for potentially a period of up to five (5) years. The City reserves the right to
perform separate selection process for selected surveys. The awarded Professional will be
working with various different City departments to develop, conduct, and report out results of
various public opinion surveys, samples of which are provided herein; plus other opportunities
that will arise over the term of the Professional Services Agreement.
Currently there have been identified the following surveys which will need to be completed:
• 2016 Air Quality/Solid Waste Survey
• 2017 Citizen Survey
• Bi-Annual Utilities Customer Satisfaction Survey
Sample #1:
2016 Air Quality/Solid Waste Survey
Scope of Work
Objective
May 2016
The City of Fort Collins Environmental Services Department is seeking a qualified firm
to update, administer, tabulate and report on the result of a citizen air
quality/solid waste survey. The survey will be largely based on past surveys.
Prior surveys can be seen at http://www.fcgov.com/airquality/survey.php.
Background
The Environmental Services Department has periodically conducted air quality
surveys to provide the City with an assessment of the knowledge, attitudes,
perceptions and behavior of a representative sample of residents concerning
indoor and outdoor air quality. This information is used to help staff assess current
programs and to plan future actions. The previous two survey cycles combined
all prior surveys (outdoor air quality, indoor air quality, radon, and wood smoke)
into one survey, and added solid waste management and climate change
questions as well. The last survey was conducted in 2011. Mary Pat Aardrup,
Environmental Planner, will act as the Project Manager.
Services to Be Provided
The firm will work with the City staff to accomplish the following objectives:
1. Discuss the survey objectives. and
2. Review the proposed survey questions to ensure that the survey will lead to quantified,
statistically valid responses.
The firm will be solely responsible for the following tasks:
Develop an updated survey instrument based on discussions with City
staff.
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Conduct the survey, ensuring a random sample of Fort Collins citizens.
Prepare a report of the results, including comparison to prior survey
responses.
Provide the raw data in a form that is easily useable by City staff such as a
spreadsheet for future research questions. For example, the City might
wish to see the detailed demographics associated with certain responses,
depending on the results. If the consultant cannot provide the data in an
easily usable form, please include the cost for the consultant to perform an
additional five (5) cross tabulations to be determined by City staff after the
survey results are in.
Provide recommendations on how the City can use the survey results to
enhance public outreach and communications.
The firm will be required to meet with the City at least twice; once to discuss the
objectives of the survey questions with the survey team determined by the City of Fort
Collins, and the specifics of implementation, and once to review the draft report and obtain
comments and questions from City staff. The firm will be required to respond to one round of
City edits and questions on the draft survey report before it is finalized.
Deliverables:
1. Written outline of the consultant’s schedule for completing tasks.
2. Written survey protocol and instrument.
3. Final introductory postcard, written survey, & follow up materials
4. Data set in easily useable form by City staff
5. Complete data analysis
6. Separate report or letter with broad recommendations to apply the survey
results to programs within the Environmental Services Division.
7. Final written survey report in word and PDF that includes:
background information on survey methodology
executive summary of data collected
complete analysis of results survey
copy of instrument used in survey
Schedule
Award Contract: July 15, 2016 (approximate)
Final Deliverables: November 30, 2016
Budget
The budget for this project is limited to a maximum of $20,000, therefore you are invited to
submit a proposal 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.
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Sample #2:
Fort Collins 2017 Citizen Survey
SCOPE OF WORK
The City of Fort Collins requires an outside consultant to update, administer, tabulate and write
a report of the results for a statistically valid survey every two years. The ninth iteration will take
place in 2017 and be based on past City surveys and the objectives identified by the City
Council and City management team. The survey will be administered to a random selection of
Fort Collins residents and Colorado State University (CSU) dormitory students. Outreach
numbers will be based on population census data to ensure an accurate reflection of the
community and proportional results. Long-term comparisons to past iterations are an imperative
aspect of the survey and must be included in the report.
Services to Be Provided:
Work with City staff to accomplish the following objectives:
1. Review the proposed survey questions to ensure that they adequately assess the
objectives identified by the City Council and the City management team.
2. Review question edits or additions to verify they can still be compared to past results.
3. Review the format to most efficiently and effectively survey the citizens of Fort
Collins and CSU students:
a. Assure that the questions are asked correctly and will lead to a quantified,
statistically valid outcome.
b. Recommend the best method of survey and outreach in order to establish
a random sample that includes a proportional representation of all
population demographics in Fort Collins (Spanish speakers, elderly,
students, etc.)
The survey institute will lead efforts in the following:
1. Conduct the survey (select the survey recipients, translate the survey and mailing
materials in Spanish and prepare and send all the mailings) and tabulate results.
2. Produce a report containing summarized results, comparisons to previous surveys,
national and Front Range benchmark comparisons, cross tabulations of selected
results by sociodemographic and geographic characteristics and detailed survey
research methodology. An executive summary of the results highlighting key focus
areas also will be included in the report.
3. Make two in-person presentations to report the survey findings – one to the Strategic
Issues Team (City management team) and one to City Council.
4. Provide ongoing support and consultation throughout the survey process to help City
liaison inform staff and community of efforts.
5. Provide consultation on use and dissemination of the data after the survey and report
is complete. Example: advice on how to increase response rate, how to use the
information to enhance communication efforts.
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COST ESTIMATE
The current budget for the Citizen Survey is around $34,000. We foresee an increase in the
outreach and number of mailings needed as our population increases so we would need to
discuss methods for keeping costs within this range while still reaching the various
demographics within the community.
DRAFT of TASK LIST
Finalize postcard, envelope and cover letter materials
Finalize resident survey sample
Finalize survey instrument
Send final survey instrument to CSU for review
Finalize CSU survey sample
Print and prepare survey mailings
Mail pre-notification postcard (resident/CSU)
Mail first wave survey
Mail second wave of surveys (according to outlined communication plan)
Data collection, cleaning and coding of surveys
Electronic data entry
Data analysis and report writing
Email draft report to City for review
Feedback from City staff on draft report discussed and implemented as needed
Final report emailed to City staff
Presentations to City Council and Strategic Issues Team
Review of outreach tactics and possible plans or case studies to help City use results
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Sample #3:
Bi-Annual Utilities Customer Satisfaction Survey
Background/Objective
On a bi-annual basis Utilities surveys customers to collect and understand perspectives on key
components of utility services provided by the City.
The 15 minute survey will be fielded via phone and will be include XXX residential households,
XXX small/medium businesses and XX key accounts/large businesses. THE SELECTED
SURVEY FIRM will procure the sample for residents and the City will provide phone numbers
for the small/medium businesses. The City will schedule key accounts for interviews to be
completed by THE SELECTED SURVEY FIRM. If these interviews are not completed due to a
conflict with the key account contact THE SELECTED SURVEY FIRM will provide notification to
City Staff for rescheduling if the business contact was not able to reschedule upon first contact
by THE SELECTED SURVEY FIRM. Comparisons to previous survey results will be provided,
where similar questions are included on the previously fielded survey, assuming the City will
provide the selected survey vendor with electronic datasets of the previous survey data.
Services to Be Provided:
THE SELECTED SURVEY FIRM staff will work with City staff to accomplish the following
objectives:
1) Review the proposed survey questions to ensure assure the questions are asked
correctly and will lead to quantified, statistically valid outcomes.
2) Recommend the best method of survey and how to establish a random sample that
includes adequate responses to report outcomes based on several demographic
characteristics including zip code, if the number of respondents in each zip code permits
comparisons.
THE SELECTED SURVEY FIRM staff will take the lead on the following tasks:
3) Conduct and field the survey (including selecting the residential survey sample) and
tabulate the results.
4) Provide translation services for residential Spanish-speaking customers. (Costs include
up to 30 of the 600 total residential interviews would be conducted in Spanish and
includes translation of any Spanish comments back into English for analysis and
reporting.)
5) Produce a summary report containing an executive summary of the results highlighting
key findings, tables of frequencies for all questions on all surveys, cross-tabulations of
results by the three target groups (where possible) and by demographic and geographic
subgroups within the three survey groups (where possible); comparisons to previous
surveys (when available), national and Front Range benchmark comparisons (if
available) and an appendix containing the detailed survey research methodology.
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COST ESTIMATE
On occasion, a client may decide during the project that the original scope of work is insufficient
and request additional work. THE SELECTED SURVEY FIRM will not exceed this budget
unless the scope of the project is revised and an additional budget is created to cover the
additional costs.
Should this proposed budget exceed your resources or not meet your needs, THE SELECTED
SURVEY FIRM will work with you to develop a budget and work-plan that yields a better fit.
The total cost for the scope of work as described above is undetermined at this time.
DRAFT SURVEY TIMELINE
The timeline below allows for a draft report to be provided to City staff by December XXXX. THE
SELECTED SURVEY FIRM recommends that the City protect the five weeks of data collection.
Task Date of survey calendar Year
Finalize survey instruments ................................................................................................. by Sept 1
Begin data collection ............................................................................................................... Sept 5
Complete data collection ........................................................................................................... Oct 5
Data analysis and report writing .................................................................................. through Oct 31
THE SELECTED SURVEY FIRM emails draft report to City for review ..................................... Nov 1
Feedback from City staff on draft report due to THE SELECTED SURVEY FIRM ................... Nov 12
Final report emailed to City staff .............................................................................................. Nov 20
Presentations to Utilities Senior Leadership Team ................................................... TBD, after Dec 1
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
I. The City’s Proposal Submittal Requirements
The City’s intent is to choose the most qualified firm/team based upon approach,
methods, qualifications and experience, availability, and schedule of rates. Once a firm
is selected, a detailed scope of services will be developed for each Work Order
released against the awarded Professional Services Agreement. Of prime importance
is the firm’s flexibility in responding to services as requested by City staff.
Submittals are to be limited to 10 pages or less, exclusive of work product
samples.
All respondents are required to include the following information in the submittal as a
minimum. Respondents are to number and name each section as follows:
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1. Methods and Approach - Describe your expected or recommended
approach to addressing the Scope of Required Services described above.
Describe the anticipated interaction with the City.
a. Sustainability: All qualified consulting firm/teams participating in the
submitted proposal are to explain in detail what their organization does
in the way of a Sustainability Plan as a subset of this section. This is to
include as a minimum what you do in the way of use of materials,
equipment, vehicles, fuel, recycling, office practices, etc. as an
organization that demonstrates leadership and that you “walk the talk”
in regard to sustainable practices within your own organization.
2. Qualifications and Experience - Provide relevant information regarding
previous experience related to developing similar plans and services to the
ones listed under our Scope of Required Services above:
• Number of years in the business.
• Overview of services offered and qualifications
• Names and location of similar projects. Three references of such
projects, to include:
a) Service provided
b) Date of service
c) Client organization
d) Contact name and title, phone, and e-mail address of public
agency reference(s) overseeing the planning effort.
• Samples (preferably three via a web link or pdf files) of work products
for similar projects.
3. List of Project Personnel - This list should include the identification of the
contact person with primary responsibility for this contract, the personnel
proposed for this contract, and any supervisory personnel, including
partners and/or subconsultants, and their individual areas of responsibility.
A résumé for each professional and technical person assigned to the
contract, including partners and/or subconsultants, shall be submitted. The
résumés shall include at least three references from previous assignments.
4. Organization Chart/Proposed Project Team - An organization chart
containing the names of all key personnel and subconsultants with titles and
their specific task assignment for this contract shall be provided in this
section.
5. Availability – Describe the availability of project personnel to participate in
this project in the context of the consultant firm’s other commitments.
AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”,
PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT
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COLLINS, COLORADO THE WEEKS OF JULY 18 AND JULY 25, 2016 IN THE
EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND.
6. Schedule of Rates – Provide a schedule of hourly rates that will apply for the tasks
described above under Scope of Required Services. These are the types of jobs/projects
that The City will be releasing to the awarded Professional as Work Orders.
7. Vendor Statement:
I have read and understand the specifications and requirements for this Request
for Proposal and I agree to comply with such specifications and requirements. I
further agree that the method of award is acceptable to my company. I also agree
to complete PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE
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.
FIRM NAME:
ADDRESS:
EMAIL ADDRESS: PHONE:
BIDDER’S NAME:
SIGNATURE:
PRIMARY SERVICES ISSUES CONTACT:
TELEPHONE: CELL:
EMAIL:
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COMMODITY CODES USED FOR THIS RFP:
918-12 Analytical Studies and Surveys (Consulting)
961-60 Public Opinion Surveys
Compensation and Contract Process
A. After contract award, progress invoices shall be billed in monthly installments,
subject to review and approval by the City’s Project Manager. City payment
terms will be Net 30 Days from receipt of invoice.
B. The selected Contractor shall be expected to sign the City’s standard
Professional Services Agreement Work Order Type prior to commencing
Services (see sample attached to this Proposal).
C. The City reserves the right to award directly as a result of the written proposals.
The City may or may not opt to conduct oral interviews.
D. The City reserves the right to negotiate with any vendor as determined at the
City’s sole discretion. The City reserves the right to reject any or all proposals,
and to waive any irregularities.
E. COOPERATIVE PURCHASING: The City of Fort Collins allows other Public Agencies
the opportunity to purchase off the Award for this RFP at the option of the Awarded
Vendor. Other public agencies that are members of the Colorado Multiple Assembly of
Procurement Officials (MAPO) cooperative purchasing group in particular may contact
the awarded Professional with a desire to participate in any resulting awards as a
potential cooperative user, including:
Larimer County
Poudre School District
City of Loveland
II. Review and Assessment
Professional firms will be evaluated on the following criteria. These criteria will be
the basis for review and assessment of the written proposals and any optional
interview session. 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.
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WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal address all elements of
the RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and
results/outcomes required by the project?
Are there any exceptions to the
specifications, Scope of Work, or
agreement?
2.0 Assigned Personnel
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 Availability
Can the work be completed in the necessary
time? Can the target start and completion
dates be met? Are other qualified personnel
available to assist in meeting the project
schedule if required? Is the project team
available to attend meetings as required by
the Scope of Work?
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?
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?
2.0 Firm Capability
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
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successfully completed previous projects of
this type and scope?
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.”
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Reference Evaluation (Top Ranked 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 Professional again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Completeness
Was the Professional responsive to client needs? Did
the Professional anticipate problems? Were problems
solved quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge If a study, did it meet the Scope of Work?
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PROFESSIONAL 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 "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 , issued by the City. A blank sample of a work order is
attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated
herein by this reference. A general scope of services is attached hereto as Exhibit “B",
consisting of ( ) pages and is incorporated herein by this reference. The City
reserves the right to independently bid any project rather than issuing a Work Order to the
Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit
A to certain named third parties, Professional shall be solely responsible for performance
of all duties hereunder.
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. Early Termination by City/Notice. 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 address:
Professional: City: Copy to:
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Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment
shall be the Professional's sole right and remedy for such termination.
6. Design, Project Insurance 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. In consideration of services to be performed pursuant to this Agreement,
the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of ( ) page(s), attached hereto and
incorporated herein by this reference. At the election of the City, each Work Order may
contain a maximum fee, which shall be negotiated by the parties hereto for each such
Work Order. 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 to the Work Order and upon approval of the Professional's direct reimbursable
expenses. Final payment shall be made following acceptance of the work by the City.
Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
8. 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.
9. Project Drawings. 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
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storage and high quality reproduction. "CD" disc of the as-built drawings shall also be
submitted to the owner in and AutoCAD version no older then the established city
standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any
Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work
Order, 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.
11. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
12. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent
of the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Professional.
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.
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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:
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.
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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
provision of this Agreement and the City terminates the Agreement for such breach.
20. 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) pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
PROFESSIONAL'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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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:
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 ___ (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
PROFESSIONAL
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
Gerry Paul
Purchasing Director (over $60,000.00)
Date: ____________________________
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Professional shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Professional, such insurance
as the City may deem proper and may deduct the cost of such insurance from any
monies which may be due or become due the Professional under this Agreement. The
City, its officers, agents and employees shall be named as additional insureds on the
Professional 's general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in
work performed under this Agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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