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HomeMy WebLinkAboutRFP - 8437 NATIONAL BIOSOLIDS PARTNERSHIP AUDITOR & ISO 14001 ENVIRONMENTAL MANAGEMENT SYSTEM AUDITOR (2)8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 1 of 22 REQUEST FOR PROPOSAL 8437 NATIONAL BIOSOLIDS PARTNERSHIP AUDITOR & ISO 14001 ENVIRONMENTAL MANAGEMENT SYSTEM AUDITOR The City of Fort Collins is seeking auditors for the following: 1) A certified National Biosolids Partnership (NBP) auditor to provide certified third party verification and follow-up verifications as needed; and 2) A certified auditor to provide certified third party verification and follow-up verifications related to the ISO 14001 Environmental Management System standard as needed. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, seven (7) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), January 11, 2017 and referenced as Proposal No. 8437. 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 4:00 PM our clock on December 30, 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, 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 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 2 of 22 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 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 3 of 22 I. BACKGROUND AND OBJECTIVE A. Objective 1. National Biosolids Partnership (NBP) Auditor The City of Fort Collins Water Reclamation and Biosolids Division (WRB) is seeking a certified National Biosolids Partnership (NBP) auditor to provide certified third party verification and follow-up verifications as needed. 2. ISO 14001 Environmental Management System Auditor The City of Fort Collins Utilities is seeking a certified auditor to provide ISO 14001: 2015 certified third party verification and follow-up verifications as needed. The auditor selected must have specialized experience in auditing the following types of operations:  Domestic Wastewater/Sewage Treatment Departments (NAICS 221320) Sewage Treatment Departments  Potable Drinking Water Plants (SIC 4942,)  Highway, Street, and Bridge Construction (NAICS 237310/ SIC 1611)  Public Works Fleet Maintenance NAICS 237310/SIC Code 1611 B. Background Fort Collins is a vibrant community of approximately 151,000 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 24,000 college students. City of Fort Collins Utilities serves more than 65,000 (both single family and multi-family) electric customers with total annual sales of approximately 1,500 gigawatt-hours. The Utility also provides water, wastewater, stormwater and financing services. More information about Fort Collins Utilities can be found at fcgov.com/utilities. Within this group of residential customers, approximately 26,000 single family homes also receive water services. 1. National Biosolids Partnership (NBP) Auditor The City of Fort Collins Water Reclamation and Biosolids Division publicly owned treatment works (POTW) provides wastewater treatment to City of Fort Collins, Colorado residents. The City owns and maintains two wastewater treatment facilities, Mulberry Water Reclamation Facility (MWRF) and Drake Water Reclamation Facility (DWRF). Both treatment plants meet State of Colorado Department of Public Health and Environment (CDPHE) treatment requirements and produce two valuable end products result from these treatment processes: regulatory compliant effluent and biosolids. Effluent is discharged to the Cache la Poudre River and Fossil Creek Inlet Ditch respectively, while biosolids are beneficially recycled by land application. Currently, the WRB produces approximately 1900 dry tons of biosolids per year. All of the biosolids are hauled to Meadow Springs Ranch (MSR)in approximately 460 semi loads per year. Each semi load is estimated to be 4.15 dry tons that is approximately 21% total solids. At MSR, the biosolids are staged and applied directly to MSR or air dried on a concrete pad to approximately 90% solids. 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 4 of 22 Drying is practiced primarily during the warm summer months when drying conditions are good. There is a 30-day grazing prohibition on areas where biosolids have been applied. Air drying minimizes or eliminates any interference from biosolids application during the May 15 to November 15 grazing season. Currently, approximately 60% of the City’s biosolids production is applied on MSR and 40% is applied on private farm land in Yuma County. Biosolids transportation from the City treatment plant is accomplished using two City owned tractor/trailers, which are covered with tarps during transportation. Biosolids are land applied using a City owned wet spreader truck equipped with flotation tires for minimal impact on vegetation. The WRB is committed to proactively addressing the challenges that will be encountered with respect to biosolids management in the future, especially regulatory compliance, worker safety, City growth, neighbor relations, transportation and public acceptance. We are committed to continually improving all aspects of our biosolids program. On April 7, 2014, the City of Fort Collins WRB signed a Letter of Understanding with the NBP in which the WRB agreed to become an NBP participant with the intent of improving its existing biosolids program to achieve national recognition. The WRB specifically committed to meet the national requirements for an excellent biosolids program; committed to implement an NBP Biosolids Management Program (BMP); and committed to the NBP National Code of Good Practice. 2. ISO 14001 Environmental Management System Auditor In 2008, the City of Fort Collins began the process of implementing an Environmental Management System (EMS). The pilot program for this process was initiated at the Drake Water Reclamation Facility and has since expanded to other City departments. As the process has grown and developed, the City now has 3 departments/divisions certified to the ISO14001:2004 standard, with a fourth department beginning implementation of an EMS certified to the ISO 14001:2015 standard. The three departments/divisions currently certified at the 2004 standard are working on steps to ensure certification at the new 2015 standard, no later than 2017. The City of Fort Collins currently has three departments/divisions certified to the ISO 14001:2004 standard:  Water Reclamation and Biosolids Division  Water Treatment Facility  Streets Department A cross-functional team, which includes representatives from each of the three EMS core teams, meets on a routine basis to discuss strategies for implementation of requirements of the new standard. The three EMS teams seek to achieve certification with the ISO 14001:2015 standard in 2017. Additionally, the City of Fort Collins Operations Services, Fleet Services Department has recently initiated implementation of an EMS, with a goal of attaining certification (ISO 14001:2015) in summer 2019. 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 5 of 22 II. SCOPE OF PROPOSAL A. Scope of Work 1. National Biosolids Partnership (NBP) Auditor The minimum specification is for services to initially verify the WRB conformance to Environmental Management System (EMS) expectations and requirements established by the NBP. The goal of the third party verification audit is to collect and evaluate objective evidence to determine whether WRB’s Biosolids Management Program (BMP) functions as intended; that practices and procedures are conducted as documented; and that the BMP, as implemented, conforms to the NBP's Code of Good Practice and BMP program objectives. This verification must follow NBP auditor guidance, as published August 2011 or most current version, and be performed by a NBP accredited third party auditor and audit organization. At a minimum, the initial verification audit must:  Review all seventeen (17) NBP BMP elements, including the overall performance of the BMP relative to the four outcomes: environmental performance, regulatory compliance, quality management practices and relations with interested parties.  Verify that BMP activities are being implemented in practice, as well as on paper.  Assure environmentally sound performance of biosolids management practices.  Increase public trust and confidence in biosolids management practices. 2. ISO 14001 Environmental Management System Auditor This minimum specification is for services to verify the conformance of all four previously mentioned EMSs to ISO 140001:2015 standard requirements. The goal of the third party verification audit is to collect and evaluate objective evidence to determine whether City EMS teams function as intended; that practices and procedures are conducted as documented; and that the EMS, as implemented, conforms to the ISO 14001:2015 requirements and objectives. At a minimum, verification audits must:  Review all seventeen (17) ISO 14001:2004 elements and/or all seven (7) ISO 14001:2015 clauses, including the overall performance of the EMS relative to the main goals of the City’s Environmental Policy: Pollution Prevention, Compliance with Legal Obligations, and Continual Improvement in Environmental Performance of municipal operations.  Determine whether EMS activities are being implemented in practice, as well as on paper.  Assure environmentally sound performance and increase public trust and confidence in municipal operations 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 6 of 22 B. Deliverables 1. National Biosolids Partnership (NBP) Auditor & 2. ISO 14001 Environmental Management System Auditor (deliverables are the same for both auditors). Key deliverables, necessary after each audit include:  Clear and well-prepared audit plans and schedules;  Final audit reports with clear descriptions of major and minor non-conformances, as well as any Opportunity for Improvement (OFIs) recommendations and any “Positives” findings  Certificate of completion C. Schedule Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to amend the target schedule at any time.  RFP issuance: December 14, 2016  Question deadline: December 30, 2016  Proposal due date: January 11, 2017  Interviews (tentative): Week of February 6, 2017 D. Interviews In addition to submitting a written proposal, finalists may be interviewed by the City of Fort Collins and asked to do an oral presentation about their company and approach to the project. E. Travel & Expenses Consultants are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the attached Exhibit E Fort Collins Expense guidelines. F. 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). Font shall be a minimum of 10 Arial and margins are limited to no less than .75 for sides and top/bottom. Fee spreadsheet must be a minimum of 10 Arial in printed format. The Director of Purchasing may reject proposals received that are longer than 25 pages in length. G. Term Any agreement(s) will be effective for a period of one year from the date of the completed Services Agreement, and will be renewable for four (4) additional one-year terms on an annual basis, at the option of both parties. 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 7 of 22 H. Award The intent of the City of Fort Collins Utilities is to award contracts to one or two qualified firms for the two scopes of work as defined in this RFP. One Consultant may be retained by the City of Fort Collins Utilities for both scopes or the City may decide to award to two separate Consultants. I. Laws and Regulations The Service Provider agrees to comply fully with all applicable state and federal laws and regulations and municipal ordinances. The Service Provider further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under and all state laws and regulations enacted and adopted pursuant thereto. J. Use of Sub-Consultants/Partners There may be areas for use of sub-consultants or partners from the award of this RFP. Provide information about the sub-consultants that may be needed during the project. The City will contract solely with the vendor; therefore sub-consultants/partners remain the sole responsibility of the vendor. III. 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 Utilities. 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. For each of the evaluation categories below, identify and answer each question for each, as necessary: 1. National Biosolids Partnership (NBP) Auditor and: 2. ISO 14001 Environmental Management System Auditor. 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 program offered, including a general description of the program and any unique aspects or benefits provided by your firm and proposed team. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Consultant Information The Consultant should provide the following information: 1. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 8 of 22 2. Describe the Company’s business and background, including the size, location, capacity, type of firm, details about ownership and year established. Detail the location of the primary office used for the services in this RFP. 3. Complete Exhibit A, Proposal Acknowledgement. C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe the Project Management strategy and who would have primary responsibility for its timely and professional completion. Include a description regarding how the analysis will be performed for the various identified areas identified, the methods and assumptions used, and the limitations of the analysis. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Include a description of the software and other analysis tools to be used. 5. Identify what portion of work, if any, may be subcontracted. Please provide a detailed history of past work examples completed with expected sub-consultants (see question #4 below). 6. 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. 7. Describe the anticipated interaction with the City. Include any resources you would expect City staff to provide. 8. Provide samples of: clear and well-prepared audit plans and schedules; final audit reports; and a certificate of completion. D. Assigned Personnel The Consultant should provide the following information: 1. 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. 2. A list of qualifications and experience of the specific staff members proposed to perform the consulting services described above. 3. A resume for each professional and technical person assigned to the Work, 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 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 9 of 22 5. Describe the availability of project personnel to participate in this project in the context of the Consultant firm’s other commitments. 6. Provide a list of similar projects completed in the last five (5) years by the key members of the proposed team. 7. References (current contact name, current telephone number and email address) from a minimum of three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. E. Sustainability/TBL Methodology In no more than two (2) pages please describe how your organization defines and strives to be Sustainable. Provide specific examples in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace, see below in Section IV: Review and Assessment for additional information. F. Cost and Work Hours Reasonable expenses will be reimbursable as per the attached Exhibit E Fort Collins Expense guidelines. Consultant will be required to provide original receipts to the City for all reimbursable expenses. 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 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 diem 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. Include a per meeting rate in the event meetings are needed. G. Firm Capability Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub-consultants with titles and their 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 10 of 22 specific task assignment for this Agreement shall be provided in this section. Describe the availability of project personnel to participate in the Project in the context of the Consultant’s other commitments. 2. Provide your firm’s qualifications and experience necessary to perform the consulting services described. 3. 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. 4. Provide a minimum of three similar projects with governmental utilities in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, sub-consultants on the team and a brief description of the work and any change orders. 5. Provide a list of job descriptions of key positions (ie. Project manager, project superintendent(s), onsite project manager, project engineer, cost estimator, others as appropriate). H. Additional Information Provide any information that distinguishes Consultant from its competition and any additional information applicable to this Request for Proposals that might be valuable in assessing Consultant’s proposal. Explain any concerns Consultant may have in maintaining objectivity in recommending the best solution for Utilities. All potential conflicts of interest must be disclosed. IV. 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? 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 11 of 22 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal 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.” 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 12 of 22 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? 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 13 of 22 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 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 14 of 22 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 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 15 of 22 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 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 16 of 22 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 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 17 of 22 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. 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 18 of 22 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: 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 19 of 22 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. 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 20 of 22 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. 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 21 of 22 EXHIBIT 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); 8437 National Biosolids Partnership Auditor & ISO 14001 Environmental Management System Auditor Page 22 of 22  Items that are supplied by the City. Time Frame for Reporting  Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $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.