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HomeMy WebLinkAboutRFP - 8505 PROFESSIONAL NETWORK ENGINEERING & IMPLEMENTATION SERVICES (2)RFP 8505 Professional Network Engineering and Implementation Services Page 1 of 24 REQUEST FOR PROPOSAL 8505 PROFESSIONAL NETWORK ENGINEERING AND IMPLEMENTATION SERVICES The City of Fort Collins is requesting proposals from qualified firms to award a professional network engineering and implementation services contract that will be renewed annually for a period not-to-exceed five years. 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, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), April 21, 2017 and referenced as Proposal No. 8505. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Bob Singleton at (970) 221- 6789 or bsingleton@fcgov.com . Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Bob Singleton , with a copy to Ed Bonnette, no later than 5:00 PM our clock on April 5, 2017. 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 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 8505 Professional Network Engineering and Implementation Services Page 2 of 24 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. 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 8505 Professional Network Engineering and Implementation Services Page 3 of 24 8505 Professional Network Engineering and Implementation Services SCOPE OF WORK I) Purpose Network and Communications Environment City of Fort Collins network and telecommunications infrastructure spans 76 locations within 53 square miles. The environment contains 500 switches, routers, and other network equipment. Services supported include Electric, Water, Water Reclamation, and Stormwater utilities, Police, Fire, Parks and Recreation, Transportation, and public Libraries. WAN architecture incorporates a disaster recovery component Two facilities are geographically separated along a 26 mile community-wide fiber optic ring. Each is designed for Cisco 6509E enterprise switches, running VSS over 10Gbps dedicated fiber optic cable. Core switches support redundancy for CheckPoint firewalls, Cisco VPN, Internet Access, WLAN Controllers, and multiple fiber optic WAN rings. The core switches are linked via Cisco 4900m and Nexus 10Gbps switches to consolidated Networks SANs, HP Blade Servers running VMware, and CommVault hierarchical data backup systems. Telecommunications infrastructure supports 2200 phones, various analog services, IVR/ACD Call Center operations, integrated call recording, and paging. The services platform is being upgraded to Cisco VoIP version 11.5. Environment Management Consolidated telecommunication and network systems are designed and managed by the NetComm Team, a small contingent of the IT Department. Team responsibilities encompass a wired and wireless converged network for new facility construction and remodels, copper and fiber optic cabling installation, MACs and project management. The Team is stressed to keep pace with the operational and maintenance demands of an increasingly complex network and communications environment. New facility construction and remodel projects continue to add workload. This situation requires the periodic and at times, sustained infusion of professional engineering support services. II) Scope of Services The City of Fort Collins is soliciting proposals from qualified professional network and telecommunications engineering services providers. Service requirements will take the form of staff resources providing deep expertise in relevant technologies, solution development, systems maintenance and version upgrades, support for project scoping, design, and implementation, and general consultation. The following illustrate but do not define the entirety of projects the NetComm Team anticipates completing with added resources provided by contractual service engagements: RFP 8505 Professional Network Engineering and Implementation Services Page 4 of 24 1. PSTN TDM trunks to SIP trunks. The NetComm Team supports and is anticipating transitioning existing TDM trunks to SIP trunks. The potential significant impact of such a transition requires a full understanding of the existing network infrastructure and customer requirements. 2. Upgrading of Telephony Applications and Infrastructure: The current VoIP environment includes a CUCM UCS cluster, Unity Connections voice mail, paging, call recording and a UCCX contact center with ACD and IVR. The platform must be upgraded and enhanced periodically for redundancy, scripting and SRST as determined necessary by the NetComm Team. 3. Upgrading of IOS and QoS Configurations: Converged voice, video, and data are increasingly competing for network priority. IOS upgrades on various network equipment and implementation of QoS to facilitate the management of real-time data applications will be required. 4. Wireless Network Engineering and Implementation: With the increased need for wireless infrastructure, the NetComm Team may benefit from additional resources to fulfill the continued build-out and upgrade of wireless infrastructure. 5. Cyber Security: The NetComm Team is moving forward with its cyber security efforts. Currently deployed are ACS, ASA and Checkpoint firewalls. Future enhancements will include NAC.. 6. IPv6: The NetComm Team is looking toward migration from IPv4 to IPv6. 7. Data Center Environment: The City’s usage and needs for its data center continues to grow and the technology continues to evolve. As existing infrastructure becomes end-of-life, the NetComm Team will need to anticipate the technology needed to fulfill the business needs of the City organization such as ACI as part of SDN utilizing 9K NEXUS infrastructure. 8. PRIME: The NetComm Team uses PRIME as a network management tool. This application requires occasional upgrades. Professional Services will be engaged on an as-needed basis through development of a Scope of Work (SoW). Individual work orders derived from the SoW will be negotiated with respect to cost and specific resource responsibilities prior to commencement of work. The maximum amount for individual work orders shall not typically exceed $100,000. This amount establishes a reference for the maximum cost of work but should not be interpreted as a guarantee of future work. Fixed Firm Price (FFP) and Time and Materials SoWs require written confirmation from an executive level officer employed by the Professional Services Provider confirming that the work contained in a specific SoW is inclusive for satisfactory completion of the agreed upon task and any exclusions in the SoWs preventing satisfactory completion of the agreed upon task will be at the expense of the Professional Services Provider. The confirmation will be received prior to any SoWs being signed or purchase orders being released to the Professional Services Provider. Inclusion is defined as all hardware, software, firmware, licensing and professional services necessary to satisfactorily complete the work as outlined in the SoW. RFP 8505 Professional Network Engineering and Implementation Services Page 5 of 24 The intent of this Request for Proposal (RFP) is to award a professional network engineering and implementation services contract that will be renewed annually for a period not-to-exceed five years. However, the City of Fort Collins does not commit to all network and technical support services being exclusively performed by the awarded Professional Services Provider. It may be appropriate for reasons of project timing, resource capacity or capability, and other constraints on the part of the Professional Services Provider that the City procures professional services from another provider. The City of Fort Collins has contractual commitments to providers of cable and wiring services, hardware and software, and video systems, for example, that will shape SoW development. III) Work Order Process The Professional Services Provider will prepare a SoW for each project based upon an initial consultation with the assigned NetComm Network Project Engineer, Project Coordinator and/or Network Administration Manager. Key process steps include: 1. Schedule a pre-project meeting to discuss and clarify the details regarding the City IT Network Building Standards and customer requirements; 2. Provide a proposed network design, including a list of tasks, and equipment list for conditional approval by a Network Project Engineer. 3. Prepare a final design for the specified project including detailed plans, specifications, configurations and implementation schedule for final review and approval by a City of Fort Collins Network Project Engineer and Project Coordinator. 4. Tasks for the project engineering and implementation include, but are not limited to: a. Demonstrated understanding of City Network Design Standards; b. Thorough understanding of specific project requirements and outcome; c. Professional services itemized cost estimate and detailed scope of work; d. Assessment of current network design; e. Visio depictions of current and proposed network design; f. Proposed IOS configuration; current configuration back-up; g. Proposed switching and routing changes; firewall changes; h. Equipment list and quote; i. Final project engineering review for approval; restoration (back-out) plan; j. Implementation; k. Project completion and documentation review. Upon completion of the project, a post-project review meeting will be conducted to review the various aspects of each project and possible areas for improvement; 5. Set a completion date. Projects vary in terms of duration and/or priority. It may require a rapid response from the provider in order to meet City of Fort Collins business objectives and avoid community service disruptions. RFP 8505 Professional Network Engineering and Implementation Services Page 6 of 24 6. Subsequently developed work orders will be approved by signature of the Network Administration Manager. 7. A NetComm Network Project Engineer or appropriate delegate will oversee and monitor the execution of work. The process model outlined above is well suited to planned work. However, some professional service needs will be urgent, quickly definable, and short-term. In these situations, the Professional Services Provider should be prepared to step outside the process to provide support. IV) General Project Requirements The Professional Services Provider shall not contract with any other party for furnishing any of the contracted work or services without the consent, guidance, and written approval of the Network Administration Manager. The City of Fort Collins reserves the right of refusal and the right to request replacement of a subcontractor due to unacceptable work or conduct. This provision should not be interpreted as requiring the approval of individual contracts of employment between the Professional Services Provider and personnel assigned for services under the contract. Any solution proposed in response to this RFP must be in compliance with City of Fort Collins cyber security policies and procedures. Based on industry-standard best practices, policy, and guidelines, these policies cover the following topics: web servers, email, virus prevention, firewalls, data encryption, remote access, passwords, servers, physical access, traffic restrictions, wireless, laptop and mobile devices, disposal of hardware/media, and application assessment/certification. Given that information security is an evolving technology practice, the City of Fort Collins reserves the right to introduce new policy during the term of the contract resulting from this RFP and require the Professional Services Provider to comply with same in the event the industry introduces more secure, robust solutions or practices that facilitate a more secure posture for the City of Fort Collins. The Professional Services Provider will be responsible for the behavior of all its employees and subcontractors while on the premises of any City of Fort Collins facility. Any Professional Services Provider employee or approved subcontractor acting in a manner determined by NetComm staff to be detrimental, abusive, or offensive to any of the staff of the City of Fort Collins will be asked to leave the premises and can be suspended from further work on the premises. All drawings will be generated and provided in Visio and Adobe Acrobat PDF electronic format. “As-Built” drawings provided to the City of Fort Collins will become the property of the City of Fort Collins. SoW documents and technical specifications must be in compliance with the City IT Network Building Standards. These shall be submitted in Microsoft Word and Adobe Acrobat PDF format. RFP 8505 Professional Network Engineering and Implementation Services Page 7 of 24 The Professional Services Provider will be responsible for network engineering services administration and the field supervision of project staff. Oversight by Network Project Engineers, Project Coordinator, or their representative will be only for the purpose of guiding work effort to its most efficient outcome and monitoring the quality of service delivery. Network and Telecommunications engineering must be performed by experienced and qualified personnel, approved by Network Administration Manager and supervised by the Professional Services Provider’s relevant Cisco certified staff. V) Project Communications The Professional Services Provider will produce written progress reports weekly throughout the duration of the project. At a minimum, these reports will include overall project progress, hours used, percent complete, schedule status, and any out-of-scope items. These reports will be included with the Professional Services Provider’s monthly- itemized billing. Some projects will be heavily reliant on direct interface with customers to develop user requirements and ensure objectives are being met through the various stages of implementation. For customer intensive or lengthy projects the Professional Services Provider shall meet on-site with the Network Project Engineer and/or Project Coordinator at specified intervals to review the progress of work and make implementation adjustments as appropriate. VI) Method of Payment The Professional Services Provider shall receive payments for satisfactorily completed work based on verified progress in the following manner: The cost of work completed shall be paid each month following submittal of an itemized statement. An invoice or accompanying document must show at a minimum the percentage of work completed by task, the hours expended by job title, and any approved travel, lodging, or meal expenses. Ten percent (10%) of the total cost may be withheld until completion and final City of Fort Collins acceptance of the project closure. All invoices submitted by the Professional Services Provider will reference City of Fort Collins purchase order # and SoW on each invoice. Invoices will be addressed to City of Fort Collins IT, 215 N Mason, 3rd Floor and shall be sent to invoices@fcgov.com. Invoices shall be received by the City of Fort Collins no later than 30 days following the completion of the work. Time and Material invoices will include the following.  Work description of the work performed pertaining to the invoiced hours.  By whom the work was performed.  Material charges.  After-hours or weekend hours.  Mileage, meals or any other costs invoiced. RFP 8505 Professional Network Engineering and Implementation Services Page 8 of 24 Fixed Firm Price invoices will include the following.  Specific milestone.  By whom the work was performed.  After-hours or weekend hours.  Mileage, meals or any other costs invoiced. VIII) Submittal Requirements Qualified consultants interested in performing the work described in this request for proposals must submit a complete proposal which addresses all elements of this RFP. A proposal that does not include all of the information required may be deemed incomplete and is subject to rejection. Limit the total length of your proposal to a maximum of 40 pages (excluding covers and dividers). The City reserves the right to reject proposals received that exceed 40 pages. Responses must include all of the items listed below, in the order listed: A. Executive Summary A brief Executive Summary of your understanding and assumptions of the required network engineering and implementation services and your firm’s qualifications to provide the work. Exhibit A Proposal Acknowledgement is to be included with your Executive Summary. B. Methods and Approach 1. Scope of Services – A brief outline and discussion of the proposed scope of work, relating the outline provided above and any changes, modifications, or enhancements. 2. Sustainability – All qualified consulting firm/teams participating in the submitted proposal are to explain briefly what their organization does in the way of a Sustainability Plan as a subset of this section. This is to include as a minimum what you do in the way of use of materials, equipment, vehicles, fuel, recycling, office practices, etc. as an organization that demonstrates leadership and that you “walk the talk” in regard to sustainable practices within your own organization. C. Firm Qualifications and Experience 1. General qualifications and the history of your firm and staff proposed to perform the work on these projects. Particular emphasis should be placed on experience at the Cisco certified professional network engineering level with; a. Analysis, engineering, consulting and implementation of converged network services – VoIP telephony, video and data in a municipal switching and routing environment; RFP 8505 Professional Network Engineering and Implementation Services Page 9 of 24 b. Upgrading of existing network system application components such as CUCM, UCS, Unity Connections, multicast paging, call recording and UCCX Express contact center with ACD and IVR functionality including scripting, CTI and data base integration; c. Network architecture and implementation of QoS, IOS configurations and upgrades, ACLs; VLANs, trunking, OSPF, EIGRP and BGP routing, and SRST; d. Familiarity with (VMware) virtualized software appliances (applications); e. Managed network services (monitoring and remote intervention); f. Preparing and updating Visio and associated network documentation; as-builts; g. PRIME; h. Wireless network analysis, engineering and implementation; i. IPv6 implementation and migration; j. Cyber Security – ACS, NAC, NAM, WCS, ASA; k. Data center infrastructure; NEXUS; 4900M; 6500; ACI. l. Ability to work collaboratively and cooperatively in a team environment having the NetComm Team as decision-maker; Include resumes of staff, listing professional certifications held, such as: a. Cisco CCDE b. CCNA, CCNP and CCIE, noting applicable specialty area c. CWSP d. CISSP e. VCAP (VMWare), noting applicable specialty area f. MS-SQL, .NET, or Oracle database applications Include any recommendation/commendation letters received for past projects. Please also indicate the longevity of your senior staff with your firm and your plan to providing a long-term staffing commitment to the City over the 5-year term of the contract. 2. A list of similar projects completed and at least three detailed project descriptions for similar projects completed in the last five years. 3. Provide references and/or testimonials from at least three projects that have been completed within the past five years and have involved the staff proposed to work on City projects. 4. Provide an outline describing your approach to customer satisfaction as a Professional Services Provider. D. Availability 1. Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. RFP 8505 Professional Network Engineering and Implementation Services Page 10 of 24 AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEKS OF MAY 1 AND MAY 8, 2017 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. E. Team Profile 1. Who is on your proposed Project Team for the City F. Rates/Fees 1. Provide a schedule of rates for professional services staff your firm anticipates utilizing to complete work described in the Scope of Services section above. Include all pertinent modifications of service rates related to the conditions of service delivery such as those illustrated in the following example: SAMPLE FORMAT ONLY Job Title Billing Rate Network Architect $180/hour Senior WAN/LAN Engineer $160/hour Telecom Engineer $160/hour System Engineer $120/hour Support Engineer $60/hour Project Manager $180/hour Service Rate Modifiers  Billing rates apply to standard business hours, defined as 8 a.m. to 5 p.m. weekdays.  A 40% surcharge is applied to billing rates for Weekend and Holiday work.  Travel time from Burlington to Denver is considered billable.  Meals and lodging are billable for work required after standard business hours. RFP 8505 Professional Network Engineering and Implementation Services Page 11 of 24 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 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? RFP 8505 Professional Network Engineering and Implementation Services Page 12 of 24 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If a Services Agreement, were services delivered in a timely and efficient manner, and were problems corrected quickly and effectively? COMMODITY CODES USED FOR THIS RFP: 90728 Communications Systems; TV; Microwave; Telephone; Computer Communications Systems 91579 Telecommunication Services (Not Otherwise Classified) Telecommunications Services (Misc.) 92589 Telephone Systems/Engineering Telephone Systems Engineering RFP 8505 Professional Network Engineering and Implementation Services Page 13 of 24 Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Professional shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. D. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 8505 Professional Network Engineering and Implementation Services Page 14 of 24 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Professional hereby makes the following representations: a. All of the statements and representations made in this proposal are true to the best of the Professional’s knowledge and belief. b. The Professional has obtained all necessary authorizations and approvals that will enable the Professional to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 60days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Professional Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: RFP 8505 Professional Network Engineering and Implementation Services Page 15 of 24 EXHIBIT B (Sample only) PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for , issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit “B", consisting of ( ) pages and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days RFP 8505 Professional Network Engineering and Implementation Services Page 16 of 24 prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis designated in Exhibit " ", consisting of ( ) page(s), attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding RFP 8505 Professional Network Engineering and Implementation Services Page 17 of 24 to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of the Work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 10. Project Drawings. Upon request 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 quality, 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 owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 12. Independent Contractor. The services to be performed by the 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 the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. Subcontractors. The 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 RFP 8505 Professional Network Engineering and Implementation Services Page 18 of 24 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. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “ ”, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 15. 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. 16. 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. 17. 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. 18. 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. RFP 8505 Professional Network Engineering and Implementation Services Page 19 of 24 19. 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. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The 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. The 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. The 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 the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the 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 the 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. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation RFP 8505 Professional Network Engineering and Implementation Services Page 20 of 24 that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 8505 Professional Network Engineering and Implementation Services Page 21 of 24 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8505 Professional Network Engineering and Implementation Services Page 22 of 24 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: The Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this Work Order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ RFP 8505 Professional Network Engineering and Implementation Services Page 23 of 24 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 8505 Professional Network Engineering and Implementation Services Page 24 of 24 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.