request for proposals for work order management...

REQUEST FOR PROPOSALS

For

Work Order Management and

Asset Inventory Software Solution

October 1, 2012

Issued By:

City of Fargo, North Dakota Public Works

402 23rd Street N. Fargo, ND 58102

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Sealed proposals must be submitted to the City of Fargo auditor’s office, 200 3rd Street North, Fargo, ND 58102 at or before 11:00 A.M., October 31, 2012. Proposals received later than the time and date specified will not be considered.

Office hours are 7:45 a.m. to 4:30 p.m. Monday through Friday, excluding holidays.

The project will include, but is not limited to: developing a comprehensive GIS-based Computerized Maintenance Management System (CMMS). The CMMS will allow users in various departments access to a GIS-centric work order management and inventory tracking system. In addition, the CMMS will provide open standards technology allowing for access to data and reporting for several types of analysis. Complete Proposal Packages are available to download by clicking the “RFP Opportunities” link on the City’s Public Works website: http://www.cityoffargo.com/CityInfo/Departments/PublicWorks/RequestForProposalsRFP.aspx Any addendum made to this Request for Proposals (RFP) will be posted at the same website used for downloading the RFP. The City reserves the right to reject any/all Proposal(s) or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any/all Proposal(s) submitted.

The Proposal must be placed in an envelope securely sealed therein and labeled: "Proposal for Work Order Management and Asset Inventory Software Solution for the City of Fargo” Discussion may be conducted with responsible Proposer whose Proposal is determined to be reasonably susceptible of being selected for award for purpose of classification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price, any specific criteria listed herein may be considered in judging which Proposal is in the best interests of the City. Things such as recommended installation, perceived ability to deliver services, input from references, level of experience in providing solutions for similar type entities, ease of use of and functionality for end-users and complexity and ability to capture and report on information and data could all prove to be vital components in the selection process.

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Table of Contents

I. Preface ......................................................................................................... 4 II. Background ……......................................................................................... 4 III. Project Overview ........................................................................................ 4‐5 IV. Scope of Work ………………..................................................................... 5 V. Proposal Requirements .............................................................................. 5‐6 VI. Evaluation .................................................................................................... 6-7 VII. Questions and Answers .............................................................................. 7 VIII. Projected Timetable .................................................................................... 7 IX. Summary ..................................................................................................... 7

Exhibit A ...................................................................................................... 8-9 Exhibit B ...................................................................................................... 10‐12 Instructions to Proposers of Professional Services Agreement for Professional Services

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I. Preface: The City of Fargo is requesting Proposals from qualified vendors to provide a work order management and asset inventory tracking system. The City is seeking a software system that will provide for infrastructure data collection and GIS-centric work order processing that will leverage the city’s ESRI GIS environment currently in use. The final outcome of the Professional Services Contract will be a software solution that will allow users to access an effective and efficient tool that will provide a friendly environment for the creation and management of service requests, inspections, and reactive/preventive maintenance work orders. It is anticipated that much of this work will be performed remotely. It is expected that at least a portion of this work would be on location in the Fargo offices.

II. Background:

Most Departments within the City are currently responsible for tracking and managing their infrastructure and assets independently. These items are being managed with a variety of tools without any consistency between departments. The City desires to have a single source for managing assets that allows for centralized data collection and consistent management of assets between departments. Presently there is a strong desire for an asset management software system that has the ability to track long term infrastructure costs, repairs, and lifecycles. The City recognizes that it is extremely important to know where assets are, when they are being maintained and what it costs to maintain them. The city is seeking to go to the next level with a software solution that will provide the ability to track and manage infrastructure service requests, repair work orders, asset inspections, infrastructure lifecycles, and citizen reported concerns.

III. Project Overview: The City is seeking to identify software solutions that have an ESRI-interface for multiple users and that enable staff to track and manage infrastructure assets, service requests, work orders, inspection reports and citizen concerns through a centralized database of information. Many key features have been identified and the City is seeking to find a CMMS that is capable of:

• providing a scalable solution that enables complete asset management, inventory management, work management and call center capabilities,

• supporting the organization of information in City-defined hierarchal levels, • defining work flow capacities to automate the work order process, • having flexible templates to assist users in asset maintenance cost development, and

call log assignment, • providing document management and retention for all documents related to a specific

city asset, • tracking resources and costs associated with staff, vehicles, tools, materials, etc.,

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• providing a service requests platform that includes the processes and procedures needed in order to capture internal and external service request information,

• supporting open industry standards in hardware and software that allows information to be distributed between the proposed system and existing systems,

• integrating with the city’s GIS structure and having the ability to utilize GIS layers in the field via a live wireless connection or a disconnected scenario,

• featuring a data model that is fully user definable and customizable without vendor support,

• provide a Data Dictionary inclusive to the non-proprietary data model format that includes data names, fields, tables, relationships, and other data design elements,

• providing compatibility with any other GIS-based application, including concurrent use of the feature geodatabase,

• having data coordinate location and connectivity that is inherent to the feature data model which enables full utilization of the spatial analysis capabilities of the GIS, including linear referencing, events and other GIS functionality,

• mobile capability solution via application; add-on or interface for mobile devices field use of software including but not limited to ipads, windows tablets, Droid tablets, smart phones-iphone, android and windows phone.

IV. Scope of Work: A key requirement of Proposers will be to review and expand on this Scope of Work in their specific approach as necessary to demonstrate the full range of services and system functionality that will be provided. Proposers shall be responsible to respond to all requirement aspects of this Request for Proposals (RFP). This section should be considered as an outline of the minimum standards anticipated. The Proposer is responsible to ensure all aspects of the project concepts and GIS performance requirements are incorporated into their submitted proposal. The scope of services to be performed by the Proposer shall include but is not limited to the following groups of services;

• providing a customized software package particular to City Departments and ability to integrate with existing systems,

• providing a CMMS interface that allows end-users to track, manage, analyze and report on assets across various fields that includes a comprehensive GIS-based Work Order Management and Inventory Tracking System,

• creation of a database that captures information for future use, • ensuring full system implementation and training for end-users.

The city will supply information requested by Proposers. Included in Exhibit A is the current system data for the city. Please specify additional data, if any, required from the city in your proposal.

V. Proposal Requirements: Proposers are to submit seven (7) copies of the Proposal in accordance with the requirements set forth within this RFP. In addition, an electronic version of the proposal

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needs to be provided on a CD, DVD, or Flash Drive. The information included should be as concise as possible. Late Proposals cannot be accepted and will be returned unopened to the Proposer. All Proposals must follow the format outlined below. Failure to do so may result in disqualification.

1. Description and history of company, including year established. 2. Type of ownership and parent company, if any. 3. A one page narrative describing the firm’s interest, particular abilities, and

qualifications related to the work outlined in the Scope of Work. 4. Number of applications in use and representative installations. 5. History of release schedule/new versions and planned upgrades. 6. Where and how the application runs and is administered, hardware requirements

and security features. 7. Qualifications and experience with projects of similar type. 8. Implementation process, timing and team. 9. Two cost proposals: for system acquisition and software as service (ASP).

Each of these proposals should include cost for 30 concurrent, 60 concurrent users, and unlimited users.

10. Cost proposals should include identification of specific tasks and proposed costs per task and other associated costs such as hardware, training, support and maintenance.

11. Timelines and schedules for performance of each task and proposed acceptance criteria. (assume November 19, 2012 notice of award)

12. At least three references of clients the firm has completed similar implementations for within the last three years, preferably municipalities. Please include contact information for each reference (name address, phone and e-mail).

13. A sample of the work product from a similar project. This could include screen shots of interface pages.

VI. Evaluation: Proposals will be evaluated and scored by an evaluation committee. Proposers with the highest combined scores of the Technical and Cost categories will be invited for an interview and product demonstration. A score will be assigned to the interview and product demonstration, then combined for the summary score and ranking. The scoring will be based on a 100 point scale and weighted as follows:

• Technical proposal – 40 points. Includes ability to meet the criteria outlined in this RFP, past experience providing similar solutions to comparable clients, and input from references.

• Cost – 20 points. Includes pricing for purchase/licensing, support, training, and maintenance.

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• Interview and product demonstration – 40 points. Includes recommended installation, ease of use (intuitiveness), functionality for end-users, and perceived ability to deliver services.

The City reserves the right to reject any/all Proposal(s) or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any/all Proposal(s) submitted. Discussion may be conducted with responsible Proposers who are determined to be reasonably susceptible of being selected for award for purpose of classification and to assure full understanding of, and responsiveness of the Proposal to the solicitation requirements.

VII. Questions and Answers: All questions related to this RFP must be submitted in writing and submitted either by fax 701-241-8100, or emailed to [email protected] (preferred method). The question period shall expire as defined in Section VIII below.

Answers to questions will not be given after the date specified below.

VIII. Projected Timetable The City reserves the right to modify the timeline if necessary. RFP Available for Viewing October 1, 2012 Questions Due 5 P.M. October 22, 2012 Answers Due 5 P.M. October 25, 2012 Proposals Due 11 A.M. October 31, 2012 Award Notice November 19, 2012 Contract Due December 4, 2012 Contract to City Commission for Approval December 10, 2012 Implementation Plan Due January 7, 2013

Work Completed July 16, 2013 Training Completed November 19, 2013

IX. Summary

The City reserves the right to reject any/all Proposal(s) or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any/all Proposal(s) submitted. Submit Proposals in accordance with the conditions set forth. Late or faxed Proposals will not be accepted

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EXHIBIT A The City of Fargo has roughly 30 different departments, close to 850 network users and 21 IT employees, which include 3 GIS staff. The network server infrastructure is primarily Microsoft running virtualized in a VMware environment with a standardized database infrastructure using SQL Server 2008 R2. Current System Data

TCP/IP protocol Microsoft Office/various versions HTE Financial System *The following information is for the bidders’ general knowledge and for the purpose of assisting in the proposal preparation.

CATEGORY SUPPORTED

Servers HP

Server Operating System MS Windows Server 2008 R2

Virtualization Environment VMware 5.0

SQL Server Microsoft SQL Server 2008 R2

SAN HP Left-hand Storage

Workstations Dell

Workstations OS Windows 7 (64 bit) and XP

Workstation Networking Client-server

Network Protocol TCP/IP

Email\Calendar Outlook on Exchange Server 2010

Database SQL

Anti-Virus Software Trend

Printers Networked HP, Ricoh, Xerox

VPN Access Cisco ASA

Internet State Government Connection

Account Management Microsoft Active Directory

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Backup System Backup Exec

ESRI Arc-GIS License Enterprise

ESRI Arc-GIS Version V 10.1

The City of Fargo GIS division currently uses ESRI ArcGIS technology on an enterprise level. An enterprise license agreement is held with ESRI which includes unlimited use of ArcGIS Desktop and ArcGIS Server at all levels. The GIS division also maintains an ArcSDE geodatabase running parallel with MS SQL 2008 R2.

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EXHIBIT B Legend for Evaluation Criterion In addition to price, the criteria set forth in the Proposal Requirements and any specific criteria listed below will be considered in judging which Proposal is in the best interests of the City. One value should be entered in the left column for each evaluation criterion from the following legend. Additional explanation should be provided as needed either on or attached to this sheet.

3 = Standard, included in the base package with no extra programming. 2 = Included, provided by a third party/business partner. 1 = Optional, extra programming or cost involved. 0 = Not available and cannot be implemented in the proposed version.

NOTE: An asterisk (*) indicates a requirement. Evaluation Criterion:

# LINE DESCRIPTION

A General

1 * Offer web based browser solution using ESRI ArcGIS Server technology AND client/server within ArcMap AND offer mobile solution with ESRI map services or REST services

2 * User-friendly, interface configurable to facilitate call taking, service request processing and work order generation, within and directed from a GIS environment

3 * Supports simultaneous multi-user access with appropriate record locking to insure data integrity through relational database

4 * System is non-modular for asset types and functional groups. Core system is configurable for any asset type without separate licensed modules

5 Ability to locate and zoom to using address location service including GIS centerline (validated against an up-to-date ESRI geocoding service) and viewed within the application

6 Ability to identify features, display infrastructure assets attributes, asset work history, and any pending work with and without a map

7 Allow users to select (by defining a geographic area on a map) assets in a GIS viewing application and display all assets, asset condition, work history, and pending work information associated to those records

8 Allow users to select (by defining a geographic area on a map) assets in a GIS viewing application and create work orders associated to the selected assets

9 Capability to search and view Service Request, Inspections and Work Order locations with and without a map

10 Provide common GIS mapping tools (Zoom In/Out, pan, identify) within the CMMS and GIS viewing application

11 Ability to filter a list of assets or assets found in a geographic area

12 Ability for user to access, maintain and edit asset information directly within the CMMS or indirectly through GIS application

13 Zoom to the problem area in the GIS viewing application from a given address, intersection, location description, facility name or number, and x, y coordinates as entered into the CMMS

SUBTOTAL (Enter sum of above section)

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B Call Center

1 * Call Center MUST be completely integrated with Work Management functions

2 Ability to define service request types and user defined caller questions, instructions and comments

3 Ability to log calls from internal and external customers

4 Ability to turn caller information recorded on a Call Center Work Request into Work Orders

5 Ability to select calling customer's address and/or name from list generated from billing application (CSI)

6 Ability to record information regarding caller if different from property owner

7 Uses ESRI Geocoding services for address locator, including cross streets

8 Ability to interface to external Customer Service databases and systems


C Work Management

1 Ability to define work order activity types for any asset type defined in GIS

2 Ability to create work requests from inside the GIS viewing application

3 Track relationship between service request and work order

4 Allows assigned personnel to select and review work requests and work orders using multiple selections and sorting criteria that include all work request and work order fields.

5 Allow work orders to include multiple assets and asset types. For example all pipes, manholes, roads in a geographic area.

6 Ad hoc query interface with export to Microsoft Office applications

7 Ability to create, enter, and display standard operating procedures for certain tasks as attachment or within system

8 Automatic notification of new work request and work orders to sender and user assigned to receive specific process area

9 Allows maintenance lead workers to enter preventive or standing maintenance rules that trigger the automatic creation of work orders.

10 Preventive Maintenance includes elapsed time since the last work order was created or completed

11 Preventive Maintenance includes asset runtime since the last work order was created or completed (runtime may be interfaced to SCADA, plant control systems or fuel systems).

12 Ability to schedule seasonal or cycle PMs, for instance, schedule activities “between June-September.”

13 View total Labor hours and labor, material, and tool cost anticipated for a PM.

14 Includes associated work request ID (with complaint codes, description, location, and contact information) with link between request and work order

15 Ability to attach multimedia files to work order

16 Includes parts and equipment required, reserves parts in inventory system, to be used for the work order or for a task within the work order

17 Includes employees and/or work crews assigned to the work order or a task within the work order

18 Includes instructions and comments to and from workers

19 Includes estimated and actual labor and equipment hours and costs associated with the work order or a task within the work order

20 Allows assignment of Work Orders to Individuals, Crews, or outside Contractors.

21 Initiates Warranty inspections or new assets of new components.

22 Allows user to report labor time charged against work orders for a user-defined date range

23 Provides cost tracking capability that allows each employee’s labor costs to be calculated for work orders.

24 Ability to schedule work by geographic area

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25 Ability to create an image of a map from the GIS and attach it to a work order

26 Supports the use of bar codes to automate inventory transactions


D Asset Management

1 Must provide a flexible and open method allowing for the ability to link to 3rd party software, tools or data for asset condition modeling, depreciation and valuation

2 Will the software track numerous projects that are part of one larger project

3 Captures and stores for assets the results of various inspections such as flow monitoring, I/I investigations, smoke testing, hydrant flow testing, back-flow preventions devise testing, pump efficiency testing, etc

4 Inspections managed by the application must provide flexibility for user defined fields and forms

5 Tracks work history on physical assets in which the physical assets are installed (e.g., a work history on a physical pump and also a work history on the place within the plant where that pumps may be installed)

6 Includes asset lifecycle stage, such as planned, under construction, installed, abandoned in place, removed, removed and undergoing refurbishment, etc


E System and Software Requirements

1 * Uses ESRI ArcGIS 9.3.1 (or current)

2 * Ability to utilizes a web-based interface option

3 Feature asset data model is fully user-definable and customizable without vendor support

4 Inter-operability with Microsoft product suite (Word, Access, Excel, etc.)

5 Interface directly with email capabilities (Outlook). For example, information from a work request should be easily replicated into an email to send outside of the software

6 Has open access to data models for user defined attributes seamlessly accessible within work management and GIS

7 The system shall work with standard SQL based report writers where the user can modify existing reports or create new reports based on specific user requirements


Integration and Customization

1 * Open System Architecture – Must follow accepted practices for open architecture with well defined, non-proprietary database and interface

2 * Provide Data Dictionary-Non-proprietary feature data model format, including data names, fields, tables, relationships, and other data design elements. Asset model fully user definable and customizable without vendor support

3 The data structure should allow integration with other systems with open databases, points of integration include and/or not limited to Document Imaging-Laserfiche and IBM AS400 System

4 Ability to provide access to record construction drawings through established hyperlink through the GIS asset information


TOTAL

THE CITY OF FARGO INSTRUCTIONS TO PROPOSERS OF PROFESSIONAL SERVICES

1. The City of Fargo has advertised to invite Professionals to submit sealed Proposals as more fully

described in the Request for Proposals (RFP). The following instructions have been prepared to assist in the preparation of Proposals. These instructions may be altered by the City whenever it is deemed necessary in the best interests of the City. The Contract will be executed by the City of Fargo.

2. The Contract Documents for this project shall consist of the following documents:

A. RFP (Public Notice and Letters to Potential Submitters). B. Instructions. C. Amendments, if any. D. Proposal submitted by Proposers. F. Qualification Form, if any. G. Notice of Award. H. Agreement. I. Scope of Work, if not set forth in the RFP. J. Notice to Proceed.

3. Information contained in the Contract Documents, as completed during the contract award process, shall be the basis for the Proposals, and nothing shall be deemed to change or supplement this basis except for written Amendments issued by the City of Fargo.

4. The City of Fargo reserves the right to reject any or all Proposals or accept what is, in its judgment, the best Proposal. The City further reserves the right to waive any technical defects or irregularities in any and all Proposals submitted, and to negotiate contract terms with the Successful Submitter. The City reserves the right to disregard all nonconforming, non‐responsive or conditional Proposals. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. The City may waive minor informalities that do not affect responsiveness, are merely a matter of form or format, do not change the relative standing or otherwise prejudice other offers, do not change the scope or meaning of the Request for Proposals, and insignificant, negligible, or immaterial in nature, or do not reflect a material change in the work. The City reserves the right to reject a Proposal of a Proposer determined to be not responsible, and further reserves the right to refuse to make an award if it determines it to be in its best interests.

5. The cost of proposal preparation shall be borne solely by the persons or entities submitting proposals.

6. An individual authorized to bind the Proposer to the provisions of the RFP must sign all

Proposals.

7. Proposers must disclose any instances where the firm or any individuals working on the

Proposal has a possible conflict of interest and, if so, the nature of that conflict (e.g. employed by the City of Fargo). The City reserves the right to cancel the award if any interest disclosed from any source could give the appearance of a conflict or cause speculation as to the objectivity of the submitted Proposal.

8. By signature on the Proposal, the Proposer certifies it is in compliance with the laws of the

State of North Dakota, all applicable local, state and federal laws, applicable portions of the Civil Rights Act of 1964, the Equal Employment Opportunity Act and regulations, the American with Disabilities Act and regulations, and that the Proposal was independently arrived at, without collusion.

9. The following procedures or steps shall be followed after the issuance or publication of RFP:

A. Reference is made to the RFP to determine if a pre-Proposal conference will be scheduled, and if so, where and when. If a pre-Proposal conference is scheduled, attendance at the pre-Proposal conference is mandatory unless prior authorization is given by the City. The costs of attendance at a pre-Proposal conference shall be borne entirely by the Proposer.

B. Reference is made to the RFP to determine how complete Proposal Packages may be

obtained.

C. Before submitting a Proposal, each Proposer must (a) examine the Contract Documents

thoroughly, (b) visit the site, if needed to familiarize her/himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize her/himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect costs, progress or performance of the Work, (d) study and carefully correlate Proposers observations with the Contract Documents.

D. Refer to the RFP to determine the place, date, and time for delivering sealed Proposals

for this project.

E. Proposals shall be received at the time and place indicated in the RFP and shall be

included in an opaque sealed envelope, marked with the Project title and name and address of the Proposer. If the Proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "PROPOSAL ENCLOSED" on the face thereof. Proposals submitted by facsimile machine (FAX) shall not be accepted or considered.

F. Refer to the RFP for any Proposal Forms that may be required to be completed as part of the Proposal. Proposal Forms, if any are required, must be completed in ink or by a printer/typewriter. The Proposal price must be stated in words and numerals; in case of a conflict, words will take precedence. Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Proposals by partnerships must be executed in the partnership named and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

G. Proposals may be modified or withdrawn by an appropriate document duly executed (in

the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the opening of Proposals. If, within twenty four (24) hours after Proposals are opened, any Proposer files a duly signed written notice with the City of Fargo and promptly thereafter demonstrates to the reasonable satisfaction of the City of Fargo that there was a material and substantial mistake in the preparation of her/his Proposal, that the Proposer may withdraw her/his Proposal and the Proposal Security will be returned. Thereafter that Proposer shall be disqualified from submitting a Proposal.

H. At the place, date and time fixed for opening Proposals, all Proposals received at that

time shall be opened and reviewed. Proposals must remain open and valid for at least 90 days from the deadline specified for submission of Proposals. In the event award is not made within 90 days, the City will send a written request to Proposers deemed susceptible for award asking Proposers to hold their price firm for a longer specific period of time. The City may, in its sole discretion, release any Proposal.

I. The City shall then evaluate each Proposal in the best interests of the City. The

proposals shall be evaluated to determine which are the most advantageous to the City taking into consideration price and any factors set forth in the Request for Proposal.

J. Prior to accepting a Proposal, the City may decide to interview one or more Proposers to

negotiate final contract terms for inclusion in the Agreement.

K. To demonstrate qualifications to perform the Work, each Proposer must be prepared to

submit within five (5) days of a request, financial data, previous experience or evidence of authority to conduct business in the state of North Dakota.

L. Upon determining the successful Proposer, the City shall send to the Successful

Proposer a Notice of Award notifying the recipient of the City's acceptance of the

Proposal, subject to the City Administrator or City Commission approval of the Contract Documents. The Notice of Award shall also forward to the presumptive Successful Proposer three (3) unexecuted copies of the Agreement with instructions to execute and return the same to the City within ten (10) days or risk having their Proposal declared abandoned. If the proposed Agreement shall be for an amount in excess of $15,000.00, the City Commission at its next regularly scheduled meeting following receipt by the City of the duly executed copies of the Agreement shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Fargo to execute the same. If the proposed Agreement shall be in an amount equal to or less than $15,000.00 the appropriate Department Head shall be asked to consider approval of the Agreement by executing the same.

M. Upon receipt of all documents required by the Notice of Award and upon approval of

the Agreement by the City Commission or appropriate Department Head, the Successful Proposer shall be sent a Notice to Proceed along with a copy of the Agreement duly executed by the City of Fargo.

10. All purchases of supplies or materials shall not include Federal Excise Taxes or North Dakota

State or local sales or use taxes. The City of Fargo's State of North Dakota tax exempt number is E-4168. The City of Fargo's Federal Tax Identification Number is 45-6002069.

11. All Proposals and other material submitted become the property of the City and may be returned only at the City’s option. All Proposals and related information, including detailed cost information, are exempt records and will be held in confidence until an award is made, in accordance with North Dakota Open Records Laws.

Proposers may make a written request that trade secrets and other proprietary data contained in the Proposal be held confidential. Material considered confidential by the Proposer must be clearly identified, and the Proposer must include a brief statement that sets of the reason for the confidentiality. After award, Proposals will be subject to the North Dakota Open Records Laws

12. There are specific indemnity and insurance requirements which the Successful Proposer must comply with prior to the start of Work for this project. These requirements are set forth in detail in the Agreement. Objections to any of the provisions of the Indemnification and Insurance Requirements must be made in writing by the time and date set for receipt of questions. The successful Proposer must obtain the required insurance coverage and provide proof of coverage as a condition of the Agreement. Failure to provide evidence of required insurance coverage is a material breach and grounds for withdrawal.

13. The submission of a Proposal will constitute an incontrovertible representation by the Proposer

that he/she has complied with every requirement of these instructions and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

14. Refer to the RFP for the identity of the City of Fargo's project managers who will coordinate all aspects of the selection process. All questions about the meaning or intent of the Contract Documents shall be submitted to the project managers in writing. Proposers shall bear the responsibility for checking the website for all Project Addendums. Only formal written Addendums will be binding. Oral and other interpretations or clarifications will be without legal effect.

15. In order to determine if a Proposal is reasonably susceptible for award, communication by

the project manager is permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of the Proposal and determine responsiveness to the RFP. Clarifications may not result in a material or substantive change to the Proposal. After receipt of Proposals, if there is a need for any substantial clarification or material change in the RFP, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended Proposals.

16. After completion of award negotiations, the City will issue a written Notice of Intent to

Award and send copies to all Proposers. The Notice of Intent to Award will set out the names and addresses of all other Proposers and identify the Proposal selected for award. The scores and placement of other Proposers will not be part of the Notice of Intent to Award.

17. Successful Proposers may not assign, in whole or in part, the Contract without the written

consent of the City of Fargo.

AGREEMENT FOR PROFESSIONAL SERVICES

This Agreement made and entered on this ___ day of _______, 2012 between the CITY OF FARGO, North Dakota, ("City") and _____________________________, ("Professional”) for services to be provided to City in furtherance of its Work Order Management and Asset Inventory Software Solution undertaking. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of

Work included in Section III of the Request for Proposals for Capital Project Planning and Management Software and as set forth in Exhibit A attached hereto, both of which are incorporated herein and made a part of this Agreement.

2. Acceptance and Completion. Professional shall commence work immediately upon receipt of a

written Notice to Proceed from the City. Services initiated by Professional prior to execution of this Agreement are done so at Professional’s risk. Acceptance of this Agreement is required by the Board of City Commission of the city of Fargo. The parties anticipate that all work pursuant to this Agreement shall be completed no later than October 31, 2013. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional.

3. Change Orders. City may request changes to the Scope of Work by altering or adding to the

Services to be performed. Professional will provide a statement of change setting out the fees for the requested change. City shall accept Professional’s reasonable offer in writing, and as approved by the Board of City Commission of the city of Fargo.

4. Payment. City shall pay Professional for all work performed. Except as otherwise mutually

agreed to by the parties the payments made to Professional shall not initially exceed $___________________________. Professional shall submit, at least monthly, invoices for work performed. Payment is due within 45 days after receipt of invoice. City shall notify Professional if it objects to any portion of the charges within 20 days from receipt of the Professional's invoice, but shall timely pay the undisputed portion. It is the Professional’s responsibility to determine whether federal, state, or local prevailing wage requirements apply.

5. Assignment. This Agreement may not be assigned by the City or Professional without the prior

written consent of the other party. 6. Termination. This Agreement may be terminated by either party upon fifteen (15) days written

notice should the other party fail to perform in accordance with the terms hereof, provided such failure is not cured within such fifteen (15) day period. City may terminate this Agreement for convenience at any time, in which event Professional shall be compensated in accordance with the terms hereof for Services performed and reimbursable expenses incurred prior to its receipt of written notice of termination from City.

7. Third Party Reliance. The services provided for hereunder are for the City’s sole benefit and

exclusive use with no third party beneficiaries intended. 8. Ownership of Documents. Professional’s work product reimbursed by the City, including all

data, documents, results, ideas, developments, and inventions that Professional conceives or uses during the course of its performance under this Agreement shall be the City’s property, unless otherwise agreed.

9. Independent Contractor Status. It is expressly acknowledged and understood by the parties

that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent contractor who agrees to use his or her best efforts to provide the services to the City. Professional shall be solely responsible for the compensation, benefits, contributions and taxes, if any, of its employees, subcontractors and agents.

10. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,

employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands.

11. Professional Liability Insurance. Professional shall maintain in full force and effect until at

least three years subsequent to completion of the Services professional liability insurance covering the performance of the Services. Insurance shall be on a “claims made” basis and in the amount of at least $1,000,000.

12. Workers Compensation Insurance. Professional shall maintain workers compensation

insurance with following limits or with the minimum limits required by law, if greater: Coverage A: Statutory Coverage B: $1,000,000 Bodily Injury by accident Each accident

$1,000,000 Bodily Injury by disease Policy limit $1,000,000 Bodily Injury by disease Each employee

13. General Liability Insurance. Professional shall maintain general liability insurance with

coverage to include: Premises/Operations, Completed Operations and Contractual Liability (to

cover the indemnification provision in paragraph 8 of this Agreement). Limits of coverage shall not be less than:

$2,000,000 Per occurrence $2,000,000 Aggregate 14. Automobile Insurance. Professional shall maintain automobile liability insurance to include all

owned autos (private passenger and other than private passenger), hired and non-owned vehicles. Limits of coverage shall not be less than:

$2,000,000 Per occurrence 15. Evidence of Insurance. The above insurance shall be maintained in companies lawfully

authorized to do business in North Dakota and which are reasonably acceptable to City. Professional shall furnish City with certificates reflecting such insurance (ACORD form or equivalent) to be in force as long as this agreement remains in effect and providing that said insurance will not be canceled or its limits reduced by endorsement without at least 30 days prior written notice to City.

16. Consequential Damages. North Dakota law governs claims for consequential damages. 17. Entire Agreement. The terms and conditions set forth herein, the RFP, the Instructions to

Proposers of Professional Services, and any Exhibit referenced herein constitute the entire understanding of the parties relating to the provision of services by Professional to City. This Agreement may be amended only by a written instrument signed by both parties.

18. Severability. Should a court of law determine that any paragraph of this Agreement is invalid;

all other paragraphs shall remain in effect. 19. Statute of Limitations. Causes of action arising out of Professional’s services shall be deemed

to have accrued, and the applicable statute of limitations shall commence to run, when City knows or should have known a cause of action exists.

20. Dispute Resolution. Professional and City will exercise good faith efforts to resolve disputes

through a mutually acceptable Alternative Dispute Resolution process. Nothing prevents the parties from pursuing litigation in an appropriate State or Federal court.

21. Governing Law. This Agreement shall be governed by and construed in accordance with the

laws of the state of North Dakota. 22. Force Majeure. Neither party shall be liable for damages or deemed in default of this

Agreement and any Authorization for Services hereunder to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, union activity, strikes or lock-outs, and changes in laws, statutes, regulations, or ordinances.

23. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to:

City: Professional: City Auditor City of Fargo ______________________________ 200 North Third Street ______________________________ Fargo, North Dakota 58102 ______________________________

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement. CITY OF FARGO, NORTH DAKOTA: ATTESTED BY: _____________________________ _________________________ By: ___________________________________ Title: _________________________________ Date: _______________________ PROFESSIONAL: WITNESSED BY: _____________________________ _________________________ By: ___________________________________ Title:__________________________________