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HomeMy WebLinkAboutRFP - 8274 LOW IMPACT DEVELOPMENT IMPLEMENTATION MANUAL (3)RFP 8274 LID IMPLEMENTATION MANUAL Page 1 of 19 REQUEST FOR PROPOSAL 8274 LOW IMPACT DEVELOPMENT IMPLEMENTATION MANUAL The City of Fort Collins is currently accepting proposals to develop a Low Impact Development (LID) Implementation Manual. The Manual will serve as a tool for consultants submitting LID projects for review by the City of Fort Collins by illustrating the LID concepts under different land use types and drainage conditions and providing general guidance for the successful implementation of LID design that meets the current City of Fort Collins LID criteria. The awarded Consultant will assist in public outreach during the development of the Manual as well as the development of planning and engineering guidance documents for the Manual. 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, six (6) 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), April 22, 2016 and referenced as Proposal No. 8274. 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 8274 Low Impact Development (LID) Implementation Manual in the subject line. The deadline for question submittal is April 13, 2016 at 5:00 pm. 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 RFP 8274 LID IMPLEMENTATION MANUAL Page 2 of 19 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 RFP 8274 LID IMPLEMENTATION MANUAL Page 3 of 19 I. PURPOSE The City of Fort Collins is currently accepting proposals to develop a Low Impact Development (LID) Implementation Manual. The Manual will serve as a tool for consultants submitting LID projects for review by the City of Fort Collins illustrating the LID concepts under different land use types and drainage conditions and providing general guidance for the successful implementation of an LID project that meets the current City of Fort Collins LID criteria. The purpose of this Request for Proposal (RFP) is to solicit proposals from various candidate organizations, conduct a fair and extensive evaluation based on criteria listed herein, and select the best candidate firm for the preparation of an LID Implementation Manual for the City of Fort Collins. The City reserves the right to award similar work to the awarded Consultant. The project team will work with affected City of Fort Collins departments’ personnel to develop this guidance document in a manner that will meet the City’s criteria and enhance the capabilities of consulting firms to comply with the City of Fort Collins Stormwater Criteria Manual found at http://www.fcgov.com/utilities/business/builders-and-developers/development-forms- guidelines-regulations/stormwater-criteria.The project team will work closely with Stormwater Quality Engineer and the LID Roundtable Committee to revise draft documents in order to address comments from the review team. The project team will assist in any public outreach to design professionals, Boards and Commissions, City Council and citizens at large. City personnel will be responsible for the conduct and administration of the public process involved in the vetting and approval for this document. II. EXPECTATIONS The ideal consulting team will demonstrate knowledge of and successful project experience with the planning and designing of Low Impact Development sites. It is recommended that the contracted firm have a history of previous experience in the development of community planning and engineering guidance documents, community engagement, including public outreach, public presentations, and the development of marketing materials to advertise the City’s Low Impact Development (LID) program, including a website. Experience in LID design in the Colorado Front Range and its climate conditions are desired. Demonstrated ability to assist communities in the development of planning documents will be an important consideration and qualifications to complete the project will be judged based on: 1. Description of experience in development of guidance planning or engineering documents 2. Project Team: provide 1 page resume for each key personnel that will be involved in the preparation of this Manual 3. Example guidance documents designed and developed by your organization 4. Testimonials (maximum of 3) from past clients on similar work 5. Anticipated resources you will assign to this project (total number, role, title, experience) 6. Proposed timeframe for completion of the project The final document must meet the following criteria: • Visually and aesthetically pleasing document, including high quality photography of successful implementation examples • User-friendly environment that is easy to navigate • Consistency of design across all pages • Ability to display content on City’s website and easily navigate and migrate documents to the web site RFP 8274 LID IMPLEMENTATION MANUAL Page 4 of 19 • All licensing requirements should be included as part of this project and given to the City of Fort Collins • Document should be searchable with on key word searches based on site content • Document should be compatible with all current web browsing technology and easily upgradeable • Document should illustrate schematically all LID examples given • Document must include construction level details for common industry and City of Fort Collins acceptable LID practices, including those commonly used along the Colorado Front Range • Document should clearly state what LID strategies are desirable and applicable in the City of Fort Collins • Document should be a tool created to assist engineers and planners in the design of LID components for new and redeveloped sites and in demonstrating compliance with the City of Fort Collins LID criteria • Document should include high quality photography of successful local implementation examples III. SCOPE OF WORK A. Tasks The intent of Fort Collins’ LID Implementation Manual is to support community efforts to implement creative strategies in meeting the Low Impact Development Criteria and the recently enacted update to the City of Fort Collins LID ordinance. The City places a high priority on the incorporation of sustainability considerations under the Triple Bottom Line concept to balance community impacts and opportunities. The City will contract with a qualified consulting team to assist the City in implementing the scope of work summarized below. Task 1: Project Administration The project team will work in close collaboration with City staff to assist with project administration in a manner that ensures that all project tasks and work products are completed in a timely manner. Task 2: Public Outreach The project team will be responsible for coordinating and conducting public outreach throughout the project. This includes development of a Public Participation Plan and the coordination of a public engagement process. The consulting team will be responsible for preparing and coordinating the distribution of public information and marketing materials, media releases, website development, and update meetings with elected officials and the general public. Task 3: Guidance Document Design Development This task will involve working with City staff to design and develop an LID Implementation Manual that will assist local development and engineering professional in the compliance with all City regulations regarding stormwater quality treatment and management within the City of Fort Collins as required by the Municipal Code of the City of Fort Collins and the Fort Collins Land Use Code. The guidance document must encourage and meet all sustainability practices as detailed in the City of Fort Collins planning document referred to as “City Plan”. RFP 8274 LID IMPLEMENTATION MANUAL Page 5 of 19 The document shall draw on existing documents that are similar in use and practice but must be customized to meet Fort Collins specific regulations and requirements in addition to all Federal and State regulations. It will include design construction details that are appropriate and approved by City of Fort Collins departments including representatives from City Utilities, Engineering, Streets and Forestry. It will include a suggested plantings list that is appropriate for the City of Fort Collins soil and climate conditions and are in compliance of current planting lists within the City required by various City agencies and departments. This document will have easy to understand and emulate concepts and will provide design guidelines and calculations for implementation of various LID strategies and technologies for development proposals in the City of Fort Collins. It will discuss what strategies would work best under different land use scenarios and under different site constraints and will suggest concrete examples that would be best suited for use under different site conditions. It will include a list of plants suitable for use in Fort Collins for different types of LID applications while also being consistent with other City of Fort Collins planting requirements and guidelines. It will have a consistent look and an easy to follow outline designed with ease of use and ease of navigation in mind. Task 4: Review and revisions to Implementation Manual document Upon initial design of the Manual the project team will work closely with all affected City departments and with the steering committee to address all outstanding issues and comments in order to proceed to plan adoption. The scope of the revisions will encompass any potential minor revisions needed after the document is completed and is in use for the first 6 months period after adoption. Task 5: Electronic Plan Development As appropriate, the consulting team will prepare an electronic document that is easily accessible to the public via the City’s website. The document shall be completed in a PDF format with hyperlinks and bookmarks as appropriate. The document must be easily searchable and must be formatted in an attractive manner for electronic display and applications. Task 6: Final Document Approval City staff will be primarily charged with any public process involved in the adoption of this document by Fort Collins, however the project team will assist by supplying any supporting display aides and presentation material needed for the successful adoption of the Implementation Manual. B. Steering Committee and Anticipated Meetings 1. The selected consulting team should anticipate a project steering committee that may consist of the following representatives: • City Staff RFP 8274 LID IMPLEMENTATION MANUAL Page 6 of 19 • Public Officials • Community stakeholders 2. Meetings requiring the Consultant’s participation will likely include, but may not be limited to the following: • Project kick-off meeting • Public meetings • Regular project management meetings • Progress meetings • Boards and Commissions and City Council meetings as required C. Work Products A complete list of work products shall be incorporated into the professional services contract with selected consulting team. Some work products will involve collaboration with City staff and other public officials. Completion of the following work products should be anticipated: • Public Participation Plan • Progress Reports • LID Implementation Manual Document (including a 60% draft, a 90% draft and final document) to include all items detailed above • Schematics, graphics, presentation materials for public meetings D. Schedule The City has established the target schedule shown below for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: March 28, 2016 • Question deadline: April 13, 2016 • Proposal due date: April 22, 2016 • Interviews (tentative): Week of May 16, 2016 • Start of Project (tentative): June 6, 2016 It is anticipated that the project will be concluded by October 10, 2016. Final project schedule including milestones will be negotiated and incorporated into the project contract. E. Budget All proposals must include proposed costs to complete the tasks described in the project scope and address any potential follow up comments. Costs should be stated as one-time or hourly recurring costs. Work Plan and Fee – provide a fee spreadsheet with task items listed, hours by person assigned, billing rates and total fees and expenses shown. Total costs may not exceed $50,000 US. F. Fees, Travel & Expenses Consultant shall include a current fee schedule. A fee schedule for sub-consultants, if used, shall be included. Consultants are to provide a list of fees for reimbursable expenses. Reasonable actual expenses, including travel, will be reimbursable as per the attached Attachment 4, Exhibit D Fort Collins Expense Guidelines and as negotiated. RFP 8274 LID IMPLEMENTATION MANUAL Page 7 of 19 G. 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. H. Length of Proposal Limit the total length of your proposal to a maximum of twenty five (25) 8 ½ x 11” pages (excluding covers, table of contents, dividers, 11” x 17” fee spreadsheet (if used), sustainability response and proposal acknowledgement form). Work product samples will not be considered part of the 25 pages. The Director of Purchasing may reject proposals received that are longer than 25 pages in length. IV. PROPOSAL SUBMITTAL REQUIREMENTS 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. Once a firm is selected, a detailed scope of services will be developed for the Professional Services Agreement. Of prime importance is the firm’s flexibility in responding to services as requested by City staff. 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: A. Scope of Services: 1. Provide a detailed narrative of the services proposed to achieve the items in the Scope of Work section above. 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 your firm will use with the City’s Project Manager and other parties. 4. Describe the anticipated interaction with the City. 5. Describe what resources you would expect (if any) the City staff to provide. 6. Include a description of the software and other analysis tools to be used. 7. Identify what portion of work, if any, may be sub-contracted. 8. Provide a written outline of the consultant’s schedule for completing tasks. B. 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) RFP 8274 LID IMPLEMENTATION MANUAL Page 8 of 19 into the workplace, see below in the Review and Assessment Section for additional information. C. Assigned Personnel 1. An organization chart containing the names of all key personnel and sub-consultants with titles and their specific task assignment for this contract shall be provided in this section. 2. Provide individual references for key personnel proposed to work under this agreement from three other projects with similar requirements that have been completed within the past five years. References contained in Consultant’s submittal are an intricate part of consultant’s qualifications. References must be accurate. The Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. 3. Submit qualifications and detailed resumes of anticipated resources you will assign to this project (total number, role, title, experience). The commitment of key staff is critical to the City of Fort Collins and the success of this project. It is the City’s expectation that staff assigned to the project will remain throughout the project and act as the City’s key resources. Please limit resumes to one page. 4. Some functions of this project may require the use of sub-consultants. Provide resumes (one page) for sub-consultant’s key personnel. Provide examples of at least two projects where key personnel from sub-consultants have been part of your project team. 5. 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 sub-consultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or sub-consultants, shall be submitted. The résumés shall include at least three references from previous assignments. D. Firm Capability 1. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete the attached Exhibit A – Proposal Acknowledgment Form. 2. Describe the Consultant’s business and background, including the size, location, capacity, type of firm, details about ownership and year established. 3. Provide your firm’s qualifications to perform the consulting services described above. Include a description of the firm’s experience in development of guidance planning or engineering documents. 4. List similar projects completed over the past 3 years by key members of your proposed team, including sub-consultants. Include the owner’s name, title of project, beginning price, ending price and a brief description of the work and any change orders. For a minimum of three projects, please include contact name and title, phone and email address. RFP 8274 LID IMPLEMENTATION MANUAL Page 9 of 19 5. Samples (preferably three via a web link or pdf files) of work products for similar projects. E. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. F. Cost & Work Hours – Provide the following items: • Number of hours needed to complete the project • Hourly rates for each job title • Total not to exceed cost to complete the Scope of Work • Rate for meetings • Rate for conference calls • Expenses not covered by the City of Fort Collins Expense Guidelines Provide sub-consultant information as well, following the instructions above. Consultant shall include a current fee schedule. Fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for sub- consultants, if used, shall be included. V. 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 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. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Services 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? RFP 8274 LID IMPLEMENTATION MANUAL Page 10 of 19 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 included 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 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.” REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this 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 a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8274 LID IMPLEMENTATION MANUAL Page 11 of 19 EXHIBIT A 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: RFP 8274 LID IMPLEMENTATION MANUAL Page 12 of 19 SAMPLE PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. 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. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory RFP 8274 LID IMPLEMENTATION MANUAL Page 13 of 19 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit “ ”, consisting of ( ) page , 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. 6. 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. 7. 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 RFP 8274 LID IMPLEMENTATION MANUAL Page 14 of 19 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. 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 RFP 8274 LID IMPLEMENTATION MANUAL Page 15 of 19 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. 14. 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. 15. 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. 16. 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. 17. 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. 17. 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 RFP 8274 LID IMPLEMENTATION MANUAL Page 16 of 19 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 provision of this Agreement and the City terminates the Agreement for such breach. 19. 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. RFP 8274 LID IMPLEMENTATION MANUAL Page 17 of 19 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: RFP 8274 LID IMPLEMENTATION MANUAL Page 18 of 19 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. RFP 8274 LID IMPLEMENTATION MANUAL Page 19 of 19 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.