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HomeMy WebLinkAboutRFP - 8335 POUDRE RIVER MASTER PLANRFP 8335 Poudre River Master Plan Page 1 of 25 REQUEST FOR PROPOSAL 8335 POUDRE RIVER MASTER PLAN The City of Fort Collins is requesting proposals from qualified firms to prepare a Master Plan for the Poudre River from Taft Hill Road to I-25. 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, eight (8) 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), July 14, 2016 and referenced as Proposal No. 8335. 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. All questions must be submitted in writing via email to Pat Johnson, Senior Buyer, no later than 5:00 PM our clock on July 1, 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. 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. 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 8335 Poudre River Master Plan Page 2 of 25 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 8335 Poudre River Master Plan Page 3 of 25 I. Introduction This Request for Proposal is issued to provide the selection process for Professional Services to provide professional planning and design services for the Poudre River Master Plan. Firms submitting a proposal to the RFP are required to state their understanding/experience relating to the project and to offer their methodology for achieving the objectives and producing the required deliverables for each task. Finalists from the RFP phase may proceed to the interview phase and be requested to participate in oral interviews. II. Overview and Background The City of Fort Collins is requesting proposals from multi-disciplinary consulting teams that can bring a fresh perspective to create a holistic Master Plan for the Poudre River. Overview The focus of the RFP is to develop a Master Plan for the Poudre River from Taft Hill Road to I-25. See Exhibit A: Poudre River Master Plan Project Area Map. The Master Plan will be a guidance document for the City of Fort Collins Stormwater Utility in our mission to promote stormwater and floodplain management in the river corridor within the Urban Growth Area (UGA) of Fort Collins. The primary components of the Master Plan include: • Identifying flood hazard areas along the Poudre River that lie within the UGA • Evaluating stream stability and identifying stabilization alternatives for critical areas • Estimating potential damages associated with flooding and erosion of these critical areas • Evaluating the stabilization alternatives for protecting property, public safety, and other important resources within the corridor during major flood events. • Identifying estimated costs for implementing recommended improvements The scope of the project concentrates on planning, scientific study and engineering services. The selected Consultant team will develop, manage and maintain an overall project schedule to ensure the Master Plan is complete and coordinated on time and budget. The Stormwater Utility will oversee the project, but the selected consultant will also work with other City departments including Natural Areas, Parks, Engineering, and Planning as well as other collaborating agencies like Larimer County, Colorado Parks and Wildlife, and CDOT. The goal of the Master Plan is to incorporate the most desirable combination of environmentally sensitive alternatives into a single plan. Since the City participates in the National Flood Insurance Program (NFIP), this plan must, at a minimum, meet the Federal regulations related to the NFIP. Background The study reach is over ten miles long from Taft Hill Road to I-25 in the UGA of Fort Collins. The Poudre River holds an iconic status for the Fort Collins community. It was the original agricultural, business and commercial hub of the City and has evolved into a popular recreation and conservation corridor. Over time, the City’s Natural Areas Program and Parks Department have acquired substantial land holdings along the corridor. These lands are managed for their natural values, habitat and for recreation, such as bike riding, walking, picnicking, and fishing. Seventeen natural areas are located along the river from Overland Trail on the City’s west side to I-25. The City-managed Poudre River paved recreation trail runs nearly the length of this reach and connects on its western edge with the Larimer County portion where it continues west through Laporte to Watson Lake. The City currently owns over two-thirds of the 100-year floodplain within the City’s UGA. RFP 8335 Poudre River Master Plan Page 4 of 25 The Poudre River is the largest watershed in the City of Fort Collins. It drains an area exceeding 1,500 square miles and has the potential to deliver a higher volume of water at deeper depths, higher flood velocities, and longer durations than any other basin in the City. Unlike other basins within the City, flooding can be triggered by multiple hydrologic events in the canyons and lands upstream of the City, including rapid snowmelt events, convective thunderstorms, and rain-on- snow events. The Poudre River upstream of the canyon mouth has federal protection as Colorado’s only Wild and Scenic River, which makes large scale inline flood control projects nearly impossible to construct. The only realistic way for Fort Collins to protect citizens and properties from flood hazards is through sound floodplain management policy development and enforcement. Floodplain management practices must be supported by accurate technical data and flood hazard mapping; this is the most limiting factor in our program along the Poudre River today, and the source of our greatest need. The City of Fort Collins Stormwater Utility initiated a Master Drainageway Plan (MDP) for the Poudre River in 1992. This original plan was prepared by Resource Consulting Engineers (RCE) and a draft of the MDP was submitted in July 1994. The MDP was put on hold, awaiting the resolution of various issues and completion of associated City plans. In 2001, the City requested that the draft MDP be finalized based on the original data and analyses, with minor revision to cost estimates to account for inflation and modification to accommodate changes along the river since the initial field visits. In the interim following the draft MDP submittal, RCE was acquired by Ayres and Associates (Ayres). In 2012 at the request of the City of Fort Collins and other governmental agencies, the Federal Emergency Management Agency (FEMA) and the Colorado Water Conservation Board (CWCB) initiated the Cache La Poudre (Poudre) River RiskMAP project. The project will result in the adoption and publication of new flood hazard mapping and delineation (including the 100-Year floodplain and floodway) for the Poudre River from its confluence with the South Platte River upstream to approximately the Poudre River and Taft Hill Road. As part of the RiskMAP project, the hydrology for the river was updated from the Canyon Mouth to its confluence with the South Platter River. The RiskMAP hydrology and hydraulics will be used for the Master Plan study. During the period of September 9-16, 2013, Colorado experienced one of its most extreme rainfall and flood episodes in recorded history. Certain locations upstream of Fort Collins received up to 12 inches of rain, resulting in the largest flood event on the Poudre River in Fort Collins since 1930. Due in part to a comprehensive floodplain management program, minimal damage to structures occurred. The high peak flow combined with the extended duration of the event resulted in significant changes in the river corridor along with some infrastructure damage. Following the flood, the City identified twenty sites that were damaged and requested funding from FEMA to repair these locations. The City consolidated a couple of small projects and completed sixteen flood recovery projects with an overall cost of over a $1M. The list of the projects is provided below: Project Number Project Area 1 Riverbend Ponds Sewer Headcut 2 Poudre/Spring Creek Trail Bank Repair 3 Gibbens Bank Repair 4 ELC Trail/Bank Repair 5 N. College/Lake Canal Pedestrian Bridge Repair RFP 8335 Poudre River Master Plan Page 5 of 25 6 LPATH North Spill Bank Repair 7 Kingfisher Point Bank Repair 8 Bank Repair at Railroad East of College 9 Lincoln Street Bank Repair 10 Arapahoe Bends Headcut Repair 11 Prospect Road Bridge Sediment Removal 12 Timberline Road Bridge Revetment Repair 13 Lake Canal Siphon Headwall Repair 14 Gateway Park Footbridge Repair 15 Udall Debris Removal 16 Poudre River Trail Debris Removal The flood along the Poudre River resulted in erosion and bank sloughing at numerous locations within the UGA. Typical damage observed in the field included toe scour, and bank undercutting and sloughing which was significant in some areas. The City is responsible for five major bridge structures over the Poudre River. CDOT bridge inspectors completed detailed inspections of these five bridges and determined that no major structural damage had occurred as a result of the flood event. Minor repairs were recommended to three bridge crossings (Prospect Road, Linden Street, Lincoln Avenue). The most significant repair identified during the inspections was at the Timberline Road Bridge where damage to riprap protecting the north bridge abutment occurred. Debris management was a large component of the post-flood recovery effort. Widespread debris deposition occurred within the flood inundation area throughout the City. Some of the most significant areas impacted by flood debris included the Prospect Road/Riverbend Ponds Area, Udall Natural Area/stormwater detention basins, McMurry Natural Area, and along the River corridor in the vicinity of the Mulberry Street and Lemay Avenue Bridge crossings. Approximately 3,500 cubic yards of mixed woody debris/vegetation, soil, and sediment was hauled away. In retrospect, the City and other Front Range communities learned some lessons in regards to debris management after the flood. The City was a bit too aggressive in removing debris after the flood, and will most likely follow the guidelines from the “Management of Large Wood in Streams of Colorado’s Front Range: A Risk Analysis Based on Physical, Biological, and Social Factors” prepared by staff from Colorado State University (Wohl, et. al, 2015). Several levees were recommended in the 2001 MDP, two were built (Oxbow and Timberline) – as-built information will be provided to the selected consultant. The selected consultant will evaluate the necessity and feasibility of the levees recommended in the 2001 MDP. Since 2001, the City has moved away from levees as a flood control measure due to the cumbersome regulations that go along with construction of these features. Also, most of them may not be necessary or relevant any more based on the RiskMAP hydraulics. III. Scope of Services This project will be a joint effort between the selected Consultant team, City Staff, and other collaborating agencies, but will be solely funded by the City of Fort Collins. The Master Plan needs to characterize multiple benefits including flood and geomorphic risk benefits as well as ecosystem and recreational enhancements. RFP 8335 Poudre River Master Plan Page 6 of 25 A. SCOPE OF WORK Consultants are asked to provide, as part of their proposal, a schedule listing the items they suggest be included in the scope of work, including the tasks below. Include the proposed timeframe for completion of the project, the anticipated resources, and the number of meetings necessary as well as a description of what is to happen at each meeting. Task 1 – Kickoff and Review of Existing Information The selected team will be expected to be familiar with all the existing information on the river very quickly. The selected consultant will have a kickoff meeting with City Staff (mainly Stormwater, Natural Areas and Parks) and any collaborating agencies. It will be important at this early stage to discuss the spectrum of risk, uncertainty, channel changes hard vs semi-soft engineering etc. in the approach. City staff will provide information to the selected Consultant in regards to lessons learned from recent river restoration projects in the context of changes that occurred with higher flows and mutual objectives/regulatory objectives with letting the river move, or not, including discussing multi-thread channels or braided channels. At this meeting, the selected Consultant will present a tentative schedule and work plan for completion of the Master Plan. The team will then refine the scope, schedule and any necessary coordination with City staff or other agencies. The following information already exists and will be available to the selected team: 1. Base Mapping – survey information of the entire project reach used for the RiskMAP project including Lidar data and ground survey of the channel bed including the location and extent of existing manmade features within the study area (i.e. bridges and diversions). If new survey information has become available that is not included in the RiskMAP base information then this information will need to be incorporated. 2. Baseline Hydrology - A Hydrologic Modeling Report (Anderson Consulting Engineers (ACE), 2014) was completed in 2014 as part of the RiskMAP project. This report includes the magnitude and duration of flows in the river up to and including the 500- year flood that will be used for this study. 3. Baseline Hydraulics – A Hydraulic Modeling Report (ACE, 2016) was recently completed in June 2016 and will be used as the baseline hydraulics for this study. This report includes flood depths, water surface profiles, velocity, and extent of inundated area for discharges in the river and overbanks for discharges up to and including the 500-year flood peak flow. 4. Stream Stability – A comprehensive river reconnaissance was conducted in 1992 for the MDP where bed and bank samples were sampled throughout the study area. The City of Fort Collins Natural Areas Department sponsored a study of the stability of the Poudre River from the Burlington Northern Railroad (BNRR) Bridge to the Fossil Creek Reservoir Irrigation Ditch (FCRID) diversion which was completed in 2001 by ACE entitled “Poudre River Stability Study”. Also, a “Qualitative Geomorphic Assessment of the Cache La Poudre River, Shields to Mulberry Street” was performed by ACE for the Poudre River Downtown Project (ACE, 2013) shortly after the September 2013 flood. The Army Corps of Engineers has sponsored several studies for the Northern Integrated Supply Project (NISP) Environmental Impact Study (EIS). The documents are currently under review and other reports are being developed. Task 2 – Geomorphic Assessment The geomorphic assessment will be a combination of a desktop study, field reconnaissance, and sediment stability analysis. RFP 8335 Poudre River Master Plan Page 7 of 25 1. Desktop study – This will include a review of all existing studies and information, an evaluation of aerial photography, GIS data, and any other relevant information. This will include an evaluation of the horizontal planform using historic aerial photography and a quantitative geomorphic analysis comparing historic to existing topographic mapping. 2. Field Reconnaissance – The selected Consultant will work with City Staff and the City’s Consultant on the State of the Poudre project (Otak) to come up with a plan for conducting the field reconnaissance of the study area. The selected Consultant will provide a plan that incorporates information from the State of the Poudre River Health Assessment work as well as standard visual stream assessment protocols such as the Stream Visual Assessment Protocol [SVAP, v2] (Natural Resource Conservation Service (NRCS), 2009). Alternatives or variations of the SVAP that may be more relevant to the Poudre River should be presented as part of each Consultant’s proposal. This may require the selected Consultant to collect sediment samples in critical locations of the bed and bank as well as Wolman pebble counts in important bed features (i.e. bars, riffles, pools, etc.) to support the stream stability analysis. 3. Stream Stability Analysis - The selected Consultant will use the HEC-RAS model from RiskMAP as a starting point for the steam stability analysis. The selected Consultant could propose to use other modeling techniques to evaluate vertical and lateral stability of the river channel and floodplain for the range of flows from the 2-year to 100-year flood event. This analysis will evaluate all the stream stability analyses done on the River including the one performed in the MDP and other studies (i.e. the NISP EIS). The analysis will determine the sediment transport capacity of discrete reaches of the river, and determine if new or different reaches should be created to better represent the current conditions of the River. The stream stability analysis should also determine the scour potential of all manmade structures such as bridges and flow diversions. Task 3 – Habitat and Recreation Assessment The selected team will review and digest information from the River Health Assessment Framework (RHAF, 2015), and work currently underway on the State of the Poudre as well as other studies done on the river in regards to habitat and recreation. The selected Consultant will take all this information into account as part of the Master Plan. No new data in regards to habitat and recreation will need to be collected for this Master Plan. The City is currently planning a kayak park between College Avenue and the RR Bridge. This park will also include stream stability features (i.e. boatable drop structures, riffles and pools), bank protection and habitat enhancement as discussed in the Poudre River Enhancement Plan (PREP, Ayres, 2003). The bike trail is also a major recreational feature along the river that needs to be considered when identifying problems areas. The selected Consultant will be supplied all existing habitat and recreation information on the river including, but not limited to: wetlands, waters of the US, cultural resources, water quality, vegetation, fisheries including fish passage on existing diversion structures, canopy cover and bird habitat, wildlife corridors, boating and kayaking. Task 4 –Identification of Problem Areas Following the stability analysis and habitat assessment, a comprehensive evaluation of all areas that have flooding and erosion problems will be identified throughout the study area. This process will be interwoven into the field reconnaissance and geomorphic assessment. Once all the problem areas are identified, conceptual alternative solutions will be determined for the flooding and erosion problems identified as part of this task. Costs and benefits will need to be evaluated for each alternative as well as the qualitative advantages and RFP 8335 Poudre River Master Plan Page 8 of 25 disadvantages of each alternative. Potential damages for a “no action” alternative during major flood events will need to be evaluated for each alternative. The selected Consultant will work with City Staff to identify a selected alternative for each problem area. Each selected alternative will be put into a prioritization matrix for all the river projects and ranked against each other using a Multiple-Criteria Decision Analysis (MCDA) tool. The City’s Utility Asset Manager will guide the selected Consultant and City Staff through the prioritization process once all the selected alternatives are identified. Assessed benefits may include flood and geomorphic risk reduction, ecosystem enhancements, water quality improvements, recreation improvements and associated economic benefits. The Master Plan must prioritize multiple benefit projects, those with flood and geomorphic risk benefits as well as ecosystem and recreation benefits. To do this the selected Consultant will: 1. Evaluate construction feasibility of proposed structural improvements and implementation protocols for non-structural measures; 2. Perform approximate cost-benefit estimates for alternate strategies, including natural or “green” vs. hard armor comparisons, where appropriate; 3. Identify future restoration projects and maintenance requirements; 4. Identify potential funding opportunities; 5. Document how structural project design will list and analyze all failure mechanisms to decrease the likelihood and consequence of structural project failures; 6. Demonstrate that structural project failure will not increase risk to life and property; 7. Develop final prioritized implementation plans for structural and non-structural projects and improvements; 8. Develop a timeline, and estimated budget for each step of implementation of the plans. The Consultant shall also endeavor to stabilize the stream channel morphology, restore or create new native in-stream and riparian habitat to attract and support native fish and wildlife populations, address stream bank stability, and promote best management practices (BMPs) to improve water quality. Natural materials, native plants, aquatic and riparian habitat features, and BMPs for improving water quality will be some of the desired elements for the selected design. The Consultant team is expected to have a multi-discipline approach to maximizing the ecological and recreational benefits of the site. Task 5 –Development Criteria The selected Consultant shall present development criteria for the Poudre River drainage basin. These criteria will incorporate existing floodplain regulations, erosion buffer limits, water rights issues, detention requirements, water quality requirements and incorporation of relevant storm drainage standards for the City’s “Storm Drainage Design Criteria”. Task 6 – Draft and Final Master Plan(s) The selected Consultant will write the Master Plan to address both the restoration of key assets and actions that will make the community more resilient to future flood threats. It will include the analysis and developments outlined in Tasks 1-4 and should conclude with projects that will enhance the resiliency of the river to flood and geomorphic risk as well as enhance the ecosystem and recreation opportunities. The Master Plan will be collaborative in nature, drawing on the expertise of engineers, fluvial geomorphologists, ecologists, riparian and wetland restoration specialists, fisheries biologists, and risk experts (that are part of the State of the Poudre team), and informed by input from impacted home and business owners and the community at large. The Master Plan should be based on solid scientific and engineering understanding for river system evaluation and decision‐making. In addition to standard hydrologic, hydraulic, and geomorphic analysis, it RFP 8335 Poudre River Master Plan Page 9 of 25 should employ qualitative and quantitative risk assessment tools that distill extensively complicated term recovery factors and planning into information decisions. the The City Master can use Plan to make should informed also characterize long‐term and multiple short‐ benefit projects, those projects with flood and geomorphic risk benefits as well as ecosystem and recreational enhancements. Alterations to riparian areas need to achieve multiple City goals including stabilization, recreational access, floodplain requirements while also creating environmental conditions that will optimize the productivity of both planted and naturally recurring riparian vegetation through planting methods, appropriate connectivity to groundwater and springtime overbank flooding. The aquatic habitat functions at a low to moderate level due to fine sediment flushing flows that periodically maintain aquatic habitat and keep water temperatures cool enough to support a cold water fishery (as compared to downstream). However, the connectivity for fish passage is poor due to multiple impassable diversion structures. Changes to any of the major diversion structures must also solve the impediments to fish movement. The selected Consultant shall have a working knowledge of the most up-to-date research and engineering methods for establishing in-stream recreational features that also maintain or improve the local aquatic habitat. Task 7 - Public Engagement and Coordination The selected Consultant will work with the City to facilitate public outreach and community meetings to present the draft and final Master Plans. City will need assistance with organizing, facilitating, and otherwise supporting these public outreach events associated with the Master Plan. The Consultant should have a demonstrated history of a commitment to inclusive public engagement. The plans should include use of new technologies, methods of communication, and engagement forums that access, inform, and educate a large proportion of the target population. The Consultant will: 1. Make presentations to City Staff for input and approval; 2. Work with the City to facilitate public outreach and community meetings, and solicit/submit scientific and engineering design options; 3. Solicit input throughout the Master Planning process through group meetings, individual meetings, and surveys as appropriate. B. 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: June 17, 2016 • Question deadline: July 1, 2016 • Proposal due date: July 14, 2016 • Interviews (tentative): Week of July 28-29, 2016 • Start of Project (tentative): August 15, 2016 It is anticipated that the project will be concluded by December 31, 2016. Final project schedule including milestones will be negotiated and incorporated into the project contract. C. DELIVERABLES General deliverables associated with this planning process include but are not limited to: • Develop a realistic and effective Master Planning approach, schedule, and process that • leads Acquire, to the develop, thorough and/development or update (and of analyze) the Master hydrologic, Plan; hydraulic, geomorphic, and RFP 8335 Poudre River Master Plan Page 10 of 25 • • • other Facilitate Provide Coordinate data a public Master deemed all efforts meetings Plan necessary with and associated other all supporting to key develop agencies with documentation the Master Master and Planning partners Plan; to working efforts; the City; on various parts of the • Master Provide Planning for ongoing process community (i.e., part engagement, of the river including is in Larimer potential County)opportunities ; for volunteer • • • Identify engagement, Develop Provide problem conceptual an alternatives if possible; areas level based analysis estimate on flood, and of probable project geomorphic, prioritization design and and ecosystem plan; construction risks; costs of elements • • • Hardcopy within Public Team each Meeting Meeting and alternative. electronic Minutes Notes– electronic – file electronic of all file reports copy ((email) Draft and Final Master Plan) D. BUDGET Total cost is expected to be between $125,000 and $150,000 US. E. FEES, TRAVEL & EXPENSES Consultant shall include a current fee schedule. A fee schedule for sub-consultants and any applicable mark-up, if used, shall be included. 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. Consultants are to provide a list of fees for reimbursable expenses. Reasonable actual expenses, including travel, will be reimbursable as per the attached Fort Collins Expense Guidelines and as negotiated. F. 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 in their submittal. Please keep in mind that the City will contract solely with the Consultant, therefore sub- consultants/partners remain the sole responsibility of the Consultant. G. 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). The Director of Purchasing may reject proposals received that are longer than 25 pages in length. H. TEAM EXPERIENCE/CONSULTANT QUALIFICATIONS The selected team shall show a history of commitment to innovative designs in stream corridors. The Consultant team shall also be experienced in hydrologic and hydraulic analyses, floodplain mapping, the FEMA map revision process, fluvial geomorphology, sediment transport analyses, and general floodplain modeling work. The Consultant shall have expertise in the various elements of urban river ecosystems and incorporate the City’s goals related to river health throughout the design process. The Consultant shall understand the natural processes driving RFP 8335 Poudre River Master Plan Page 11 of 25 habitat development on this type of river. An understanding of urban limitations to river systems and knowledge of restoration and rehabilitation methods appropriate to an urban river is necessary. It is highly recommended that the contracted firm have a history of previous experience in developing Master Plans, community engagement including public outreach and public presentations. Experience in Master Plans that include entire watersheds and major rivers is desired. I. INTERVIEWS In addition to submitting a written proposal, finalists may be interviewed by the City of Fort Collins and asked to provide an oral presentation about their company and approach to the work. J. AWARD The intent of the City of Fort Collins Utilities is to award a contract to one qualified Consultant for services as described herein. The selected Consultant may be retained by the City of Fort Collins Utilities annually for up to five (5) years to provide professional planning and design services for additional projects related to the Master Plan resulting from this RFP, updates and construction oversight involving the Master Plan document that is produced from the awarded Consultant. Additional K. METHOD OF PAYMENT The Consultant shall receive payments for satisfactorily completed work based on verified progress by submitting a correct invoice to the City Project Manager after review and authorization. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Consultant and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work, based on the fees submitted in the RFP response. IV. PROPOSAL SUBMITTAL 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 the City. A proposal that does not include all of the information required may be deemed incomplete and may be subject to rejection. Responses must include all of the items in the order listed below. It is suggested that the Consultants include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Executive Summary The Executive Summary should highlight the content of the proposal and features of the services offered, including a detailed description of the services and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. RFP 8335 Poudre River Master Plan Page 12 of 25 Exceptions to the Agreement are to be noted in the Executive Summary. B. Scope Of Proposal This section should demonstrate the understanding of the Consultant (and any applicable sub- consultants) of the required services, and of the policy and procedural issues that may be involved in providing such services. 1. Describe the proposed approach to completion of the scope of work/deliverables, an understanding of the project, and project complexities, understanding of the project schedule, milestones, and project issues, and how the project will be organized. The Consultant shall also address potential constructability issues that typically arise with in- stream projects, and propose innovative solutions to these issues. Issues such as work site flow diversion and flow management shall also be addressed. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Describe the anticipated interaction with the City. Include any resources you would expect City staff to provide. 4. Identify the firm’s approach to measuring and verifying value delivered. 5. Provide details surrounding your public engagement plan. 6. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other members of the team. 7. Describe the software your firm typically uses for sequencing task and scheduling sub- contractors. 8. Describe your process and frequency for updating project schedules and how your firm works to overcome challenges and works to maintain the original completion date. 9. Describe your firm’s ability and willingness to meet fast tracked schedules and deadlines. C. Assigned Personnel The Consultant should provide the following information: 1. Name of firm, phone number, e-mail address, fax number, street and mailing addresses, office locations, any previous names of firm in last 10 years, and date established. Complete the attached Proposal Acknowledgement form. 2. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub-consultants, and their individual areas of responsibility. 3. A resume for each professional and technical person assigned to the Agreement, including partners and/or sub consultants, shall be submitted. The résumés shall include at least three individual references from previous assignments. Please limit resumes to one page. 4. Some functions of this project may require the use of sub-consultants. If you intend to utilize sub-consultants you must list each and provide resumes for their key personnel. Provide examples of at least two projects where you’ve worked with your sub-consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of expertise, and include all other applicable information herein requested for each sub-consultant. Identify what portion of work, if any, may be sub-contracted. 5. Job descriptions of key positions (ie. Project manager, project superintendent(s), onsite project manager, project engineer, cost estimator, others as appropriate). D. Sustainability/TBL Methodology In no more than two (2) pages please describe how your organization strives to be Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace, see below in Section V: Review and Assessment for additional information. RFP 8335 Poudre River Master Plan Page 13 of 25 E. Cost And Work Hours In your response to this proposal, please provide the following: 1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 2. Cost by Task: Provide the cost of each task (by hour and rate) identified in the Scope of Proposal section. Provide a total not to exceed figure for the Scope of Proposal. Price all additional services/deliverables separately. 3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for sub-consultants, if used, including mark-up if applicable shall be included. 4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Travel expenses will be reimbursable as per the attached Fort Collins Expense Guidelines. Consultant will be required to provide original receipts to the City for all travel expenses. 5. Provide a schedule listing the items your firm recommends be included in the scope of work. Include the proposed timeframe for completion of the project, the anticipated resources, and the number of meetings necessary as well as a description of what happens at each of those meetings. 6. Provide costing for construction oversight on one of the improvements you suggest for a flooding and erosion problem. F. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Brief Company History including number of years in business. 2. Minimum of five years of experience in providing similar services. 3. Describe the Company’s business and background, including the size, location, capacity, type of firm, details about ownership and year established. 4. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub-consultants with titles and their specific task assignment for this Agreement shall be provided in this section. 5. Describe qualifications and experience of the team (including sub-consultants), as indicated by prior successful completion of similar projects in the last 10 years. 6. Describe the availability of project personnel to participate in the Project in the context of the Consultant’s other commitments. 7. The Consultant shall provide detailed project descriptions for at least 3 riverine river Master Planning projects that include hydrology, hydraulics, stream stability analysis, fluvial geomorphology, ecological and aquatic habitat improvements that were completed in the last 10 years, preferably in the State of Colorado, or within FEMA Region VIII. Include the owner’s name, the Consultant’s staff on the project, title of project, beginning price, ending price, contact name, email and phone number, sub-consultants on the team and a brief description of the work and any change orders. If your firm has had experience with the City of Fort Collins, only one reference may be from the City. 8. Describe the availability of project personnel to participate in this project in the context of the Consultant firm’s other commitments. 10. Provide a proposed schedule for the work, estimating the number of hours for each proposed or optional task, including the time required for meetings, conference calls, etc. 11. Provide three (3) links to Master Plans created, designed and developed by your organization. RFP 8335 Poudre River Master Plan Page 14 of 25 G. Additional Information Provide any information that distinguishes Consultant from its competition and any additional information applicable to this RFP that might be valuable in assessing Consultant’s proposal. 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 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 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? 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? 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 RFP 8335 Poudre River Master Plan Page 15 of 25 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 8335 Poudre River Master Plan Page 16 of 25 EXHIBIT A Poudre River Master Plan Project Area Map Cache La Poudre River Cache La Poudre River E VINE DR S SHIELDS ST S TAFT HILL RD S COLLEGE AVE S TIMBERLINE RD E PROSPECT RD E MULBERRY ST E DRAKE RD N SHIELDS ST W DRAKE RD LAPORTE AVE E HARMONY RD E LINCOLN AVE W MULBERRY ST W PROSPECT RD N TAFT HILL RD RIVERSIDE AVE W HARMONY RD N COLLEGE AVE S LEMAY AVE COUNTRY CLUB RD N LEMAY AVE W HORSETOOTH RD REMINGTON ST MOUNTAIN VISTA DR W VINE DR S MASON ST N TIMBERLINE RD N US HIGHWAY 287 ZIEGLER RD E WILLOX LN STRAUSS CABIN RD GIDDINGS RD W WILLOX LN W ELIZABETH ST W LAUREL ST S SUMMIT VIEW DR W MOUNTAIN AVE 9TH ST E HORSETOOTH RD S HOWES ST LANDINGS DR N MASON ST TURNBERRY RD E SUNIGA RD TURNBERRY RD S MASON ST ZIEGLER RD E HORSETOOTH RD S LEMAY AVE N TAFT HILL RD Poudrecommunity Area River of Study Master Esri, user HERE, Plan DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS Legend Poudre River Study Area City of Fort Collins Limits Growth Management Area Poudre River Floodway Poudre River Floodplain RFP 8335 Poudre River Master Plan Page 17 of 25 EXHIBIT B 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 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 RFP 8335 Poudre River Master Plan Page 18 of 25 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 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 RFP 8335 Poudre River Master Plan Page 19 of 25 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 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 RFP 8335 Poudre River Master Plan Page 20 of 25 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 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 RFP 8335 Poudre River Master Plan Page 21 of 25 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. 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 8335 Poudre River Master Plan Page 22 of 25 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 8335 Poudre River Master Plan Page 23 of 25 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. RFP 8335 Poudre River Master Plan Page 24 of 25 EXHIBIT C Fort Collins Expense Guidelines Lodging, Per Diem Meals and Incidentals and Other expenses: January 1, 2016 Fort Collins Policy: Lodging: • Hotels will be reimbursed at $109/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation. • Hotel taxes do not count to the $109 limit, i.e. the rate is $109 plus applicable taxes. • Receipts are to be provided. • Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines. • Daily rate: $59 • Travel Days rate: 75% of $59 = $44.25 Vehicle Expenses: • All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower. • If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The most direct route is the standard for determining total mileage. • Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2016 is $0.54. • Mileage for 4 wheel drive vehicles will be $0.78 when required by the City of Fort Collins. Extra Ordinary Cost • Prior authorization required. Expenses Not Allowed • Liquor, movies, or entertainment (including in-room movies); • Sporting events; • Laundry, dry-cleaning or shoe repair; • Personal phone calls, including connection and long-distance fees; • Computer connections (unless required for City business); • Other personal expenses not directly related to City business; • Convenience charges; • Rescheduling Airline Charges not related to City requirements. • Excessive meal tip amounts generally over 20%; • Delivery fees shall not exceed 10% of the total bill, if not already included; • Hotel Cleaning Tips; • Extra Baggage for one day trips; • Air Travel (when local); • Items that are supplied by the City. Time Frame for Reporting RFP 8335 Poudre River Master Plan Page 25 of 25 • Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $109/day for hotel and $59 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by: • Breakfast: $13 • Lunch: $15 • Dinner: $26 • Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $44.25 for Fort Collins. ¯ 0 0.5 1 2 3 4 Miles Printed: 06/01/2016