HomeMy WebLinkAboutRFP - 9883 DISTRIBUTION SYSTEM REPLACEMENT DESIGN - OAK STREET
RFP 9883 Distribution System Replacement Design – Oak Street Page 1 of 32
REQUEST FOR PROPOSAL
9883 DISTRIBUTION SYSTEM REPLACMENT DESIGN – OAK STREET
RFP DUE: 3:00 PM MT (Mountain Time), September 21, 2023
The City of Fort Collins (City) is requesting proposals from qualified Professionals to provide
engineering services for the design, permitting, procurement support, and construction support of
a water distribution system replacement project in the Old Town Fort Collins area.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 10:00 AM MT on September 6, 2023. The pre-proposal
meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your
browser for access to the meeting.
Click here to join the meeting
Or copy and paste this address into your browser: https://teams.microsoft.com/l/meetup-
join/19%3ameeting_MTJkODFiY2UtM2VmMC00Mjc0LWEzOGIt
Meeting ID: 225 452 859 722
Passcode: jd8cxw
All questions should be submitted, in writing via email, to Pat Johnson, CPPB, Senior
Buyer at pjohnson@fcgov.com, no later than 3:00 PM MT on September 11, 2023. Please
format your e-mail to include: RFP 9883 Distribution System Replacement Project – Oak Street
in the subject line. Questions received after this deadline may not be answered. Responses to
all questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
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 9883 Distribution System Replacement Design – Oak Street Page 2 of 32
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
this request for proposal will be public information.
Professionals Registration: The City requires new Professionals receiving awards from the City
to submit IRS form W-9 and requires all Professionals to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
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.
RFP 9883 Distribution System Replacement Design – Oak Street Page 3 of 32
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.
The selected Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9883 Distribution System Replacement Design – Oak Street Page 4 of 32
I. OBJECTIVE & BACKGROUND
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Professionals to provide
engineering services for the design, permitting, procurement, and construction support of a water
distribution system replacement project in the Old Town Fort Collins area.
In 2021, the City began to develop an asset replacement program, Distribution System Replacement
Program, focused on replacing aging infrastructure. Over the next few years, the City established a
goal of achieving a one percent (1%) per year replacement rate of the total system. This project will
contribute directly to this goal. The primary use of consulting services that may be awarded as a result
of this RFP will be in underground system improvements for the water distribution system. Additional
design services may include design of site restoration, concrete flatwork and structures, pavement
restoration, identifying use of trenchless technology, and other general construction techniques related
to water utility operations.
B. Background
The City of Fort Collins water distribution system was first developed beginning in the late 1800s. The
current system includes over 560 miles of pipe ranging in size from 4-inch to over 24-inch. Many of the
existing water mains still in use today are over 100 years old. As the Utilities water infrastructure
continues to age, the system has experienced an increase in waterline breaks and service outages.
Many of the mains also suffer from internal corrosion causing water quality complaints and reducing
hydraulic capacity. In certain locations within the service area, problems not only exist in the older
mains, but also in those exposed to external corrosion.
The Distribution System Replacement Program will implement strategies to cost effectively maximize
improvements to levels of service for the water distribution system such as quality, reliability, resiliency,
and safety. The program targets high priority portions of the system for replacement or rehabilitation
based on the system age, main break history and fire flow capacity as evaluated in the 2017 Master
Plan. The goal of the program is to replace aging water distribution infrastructure with new
infrastructure that meets current standards. Currently, the focus is on waterlines generally in the
Downtown and City Park areas where Utilities records indicate the water system was installed in the
early 1900s.
The scope identified in this document includes the next distribution system replacement project
identified in the Distribution System Replacement Program. The project includes the replacement of
existing water mains along seven blocks in the Old Town Fort Collins area. These 4-inch mains were
installed over 100-years ago and will be replaced with new 6-inch and 8-inch PVC pipe.
RFP 9883 Distribution System Replacement Design – Oak Street Page 5 of 32
RFP 9883 Distribution System Replacement Design – Oak Street Page 6 of 32
II. SCOPE OF PROPOSAL
A. Scope of Work
The scope of work for these projects is to design, permit, and assist in the construction, resident
engineering, and construction management of the replacement of seven blocks of existing water mains
in Old Town Fort Collins. The projects are planned to be completed using standard open-cut
technologies, with installation of new PVC pipe. Existing mains may be replaced in-place, along a
parallel alignment, or relocated to an alternative more favorable alignment. Additional hydrants may be
added along the new mains based on input from Poudre Fire Authority. New meter pits will be included
for homes with existing meters in basements and crawl spaces. Final design of the projects will be
required to coordinate with proposed stormwater improvements associated with the future Oak Street
Stormwater Project (OSSP). This may require adjustments to horizontal and vertical profiles and
additional valves along the Oak Street corridor to accommodate construction activities associated with
the OSSP.
Final deliverables for the project will include two complete design packages and bid document sets -
one for Phase 1 and one for Phase 2. Phase 1 will be bid in the spring of 2024 with a construction start
date in late summer/early fall. Phase 2 will be bid for construction in early 2025, with a construction
beginning in spring/early summer.
The project scope for design of the water distribution replacement projects is preliminarily provided and
outlined below for the Professional, including, but not be limited to,
1. Coordination of existing utility locates and base map preparation.
a. High level planimetric survey of project areas focused on collecting painted utilities, curb
stop and meter pit locations, existing valve and hydrant locations, curb and gutter/drive
approach limits.
b. Existing LiDAR data may be used to establish existing surface grades.
2. Potholing investigation in support of design and Subsurface Utility Engineering (SUE)
documentation.
3. Local permitting including but not limited to:
a. City regulated floodplain and floodway
i. Fort Collins Floodplain Use Permit and No-Rise Certification (required for
potholing and construction)
b. City of Fort Collins Erosion Control Permit (required for construction only)
4. Coordination with internal and external stakeholders
5. Design (with 30% and 90% milestones).
6. Development of plan set including drawings, specifications, and other pertinent documentation.
7. Bid support.
8. Assist City staff in outreach to impacted residents and businesses for both potholing and
construction activities.
9. Support through construction.
Oak Street Distribution System Replacement Project includes the following locations:
Phase 1
1. 800-1000 Block of West Oak Street from Grant Avenue to Shields Street – Approx. 1660 linear
feet (LF).
2. 100 Block of South Mack Street from Oak Street to Mountain Avenue - Approx. 310 linear feet
(LF).
Phase 2
1. 1100-1200 Block of West Oak Street from Shields Street to Jackson Avenue – Approx. 930
linear feet (LF).
2. 100 Block of Jackson Avenue from Oak Street to Pearl Street – Approx. 660 linear feet (LF).
RFP 9883 Distribution System Replacement Design – Oak Street Page 7 of 32
Task 1 – Project Management and Administration
Subtask 1.1: General Project Management
Time for this task is allocated to the Professional Team’s Project Manager to oversee and
administer the project and may include the following activities.
1. Kickoff meeting
2. Bi-weekly Project meetings
3. Drawing / Plan Set Standards meeting, including datum standards (i.e., Ground Master,
State Plane, NAVD 88, etc.)
4. Project / schedule review meetings (30%, and 90%)
5. Coordination calls with pertinent stakeholders (Professional to develop this list and contact
information) including Professional team lead and City PM.
Deliverables:
1. Professional to provide detailed meeting agendas and notes/minutes, as well as track major
developments and action items.
Subtask 1.2: Project Controls and Reporting
Prepare monthly invoices and submit to the Owner in an approved format. Invoices shall be broken
down by task, Professional, and subconsultants and include the following:
1. Total contract amount
2. Detailed charges for the current invoice period (by role/person x hourly rate)
3. Outstanding balance
4. Percent Billed
5. Total amount due
6. Items as required by contract
The Professional shall be responsible for the management of the Professional Team (including
subconsultants) overall project controls, actively coordinating with the Owner’s Project Manager to
manage the following:
1. Project costs
2. Project schedule
3. Document control
a. Items will include digital copies of all models, supporting Excel files, any AutoCAD,
and GIS linework. Any draft reports must be in PDF format and a hard copy of any
final versions. All requirements are listed on the City’s Floodplain Model Permitting
website.
Monthly project status reports shall be prepared and submitted to the Owner, along with the
monthly invoices. The reports shall include the following:
1. A summary of services completed since the previous report
2. The current project schedule and budget status
3. Project issues and potential change logs
4. Milestones and/or deliverables scheduled in the coming month
5. Other material information per contract
All documents shall be provided electronically and compatible with:
1. Microsoft Office (Word, Excel, Power Point, Etc.)
2. Adobe Acrobat (pdf Files)
3. AutoCAD (Version 2018)
4. ArcGIS Pro (Version 2.9)
Deliverables:
1. Monthly invoices
2. Monthly project status reports
3. Project schedule tracking
RFP 9883 Distribution System Replacement Design – Oak Street Page 8 of 32
Task 2 – Permitting
Subtask 2.1: Floodplain Permitting
1. Portions of the project are located in the City-regulated 100-year floodplain and floodway.
All construction activities (including potholing) will require an approved floodplain use permit
and no-rise certification stamped by a Professional Engineer registered in Colorado. It is
anticipated that the no-rise certification can be completed without any floodplain modeling.
Subtask 2.2: Right-of-Way Excavation Permit and Traffic Control Plan
1. Potholing of sub-surface utilities within the Right-of-Way (ROW) will require an approved
excavation permit from the City Engineering Department. It is assumed this work will also
require a work area traffic control plan approved by City Traffic Operations. Both the ROW
excavation permit and approved traffic control plan should be obtained by the Professional
prior to beginning any potholing activities.
Subtask 2.2: SWMP Permitting
1. Construction of the proposed improvements will require an approved City of Fort Collins
SWMP. Additional plan sheets depicting placement of approved BMP’s to prevent sediment
contaminated runoff from leaving the construction site should also be included. The SWMP
narrative and BMP plan sheets will be included in the final construction plan set.
Deliverables:
1. Floodplain Use Permit and no-rise certification (potholing)
2. ROW excavation permit and traffic control plan (potholing)
3. Floodplain Use Permit and no-rise certification (construction)
4. SWMP narrative and BMP plan sheets
Task 3 – Baseline Data and Investigation
Review and develop baseline information and data to facilitate the design and construction phases.
1. Obtain private and City-owned utility locates crossing potential alignment for the new water
mains.
2. CCTV locates for sanitary sewer service lines crossing potential alignment of new water
mains.
3. Complete planimetric survey of project areas. Information to be gathered in the field
includes but not limited to the following:
a. Existing painted utility alignments
b. Curb stop and meter pit locations
c. Valve and hydrant locations and depths
d. Underground utility inverts and pipe sizes (storm/sanitary)
e. Sidewalk, curb and gutter, and drive approach limits
f. Trees and other above ground features (as applicable)
4. Obtain and prepare baseline existing ground surface using available LiDAR data from
Colorado Water Conservation Board or newer.
5. Site inspection and investigation of existing system in support of design.
Deliverables:
1. Electronic PDF and electronic AutoCAD files containing base map data.
Task 4 – Utility Potholing and SUE Preparation
Due to Colorado State Law SB 18-167 regarding utility investigation during design, the
Professional will be required to perform a Subsurface Utility Engineering (SUE) plan in accordance
with State law. This shall include a utility plan developed to Quality Level B or better per ASCE
standards and stamped by a licensed Professional Engineer in the State of Colorado. The
Professional will perform utility field mapping and investigation. Utility mapping data collected in
RFP 9883 Distribution System Replacement Design – Oak Street Page 9 of 32
Task 4 shall be used to inform the 30% design. The Professional will complete all SUE work for this
project and will deliver final SUE plans at 90% design. Professional will provide plan sheet(s) for
inclusion in the 90% design plan set, as well as utility logs, memos, utility research, existing plans
and as-builts, and other information obtained and developed through the SUE process. The
licensed engineer shall be ASCE 38 certified. Items included as part of Task 5 include the following:
Professional shall assume 25 potholes per block for a total of 175 potholes for this proposal.
1. Identify specific locations for potholes to be collected in the field in support of design.
2. Prepare pothole figures and tables to direct the potholing contractor in the field.
3. Coordinate utility locate re-fresh.
4. Obtain excavation permit and approved traffic control plan.
5. Provide field support to the potholing contractor as needed.
6. Collect documentation of utility potholes in support of the preliminary SUE report to be
included as part of the construction plan set. Required documentation to include the
following:
a. Type of utility
b. Size
c. Material
d. Depth
e. Asphalt core depth
f. Pertinent additional notes (as applicable)
g. Photo
7. Collect field survey of pothole locations.
8. Update base map information to reflect pothole information.
9. Develop SUE plan.
Deliverables:
2. Potholing figures/tables
3. Preliminary SUE sheets containing plan view of horizontal alignment of existing utilities,
tables of pothole documentation collected in the field, and photos of potholed utilities.
Task 5 – 30% Design
The 30% Design finalizes the scope for the project. This includes the design effort necessary to
determine the scope and involves all the design disciplines on the project.
Alternative alignments for the proposed water mains should be included. The Professional will
identify areas along the proposed alignments that warrant further discussion.
Develop project Opinion of Probable Construction Cost incorporating the 30% design documents as
outlined in the American Association of Cost Engineers (AACE) Class 3 cost estimate.
Deliverables:
1. Design documents including drawings, details, and specifications.
2. Joint restraint calculations.
3. 30% Design Drawings depicting proposed horizontal and vertical alignment of new water
main and existing underground utilities in electronic PDF format and electronic AutoCAD
files.
4. 30% design level draft of project specific Division 1 specifications in electronic Word format
utilizing City standard specifications adapted for the proposed project. This will utilize City
standard development specifications adapted to the specific water project.
5. 30% design Opinion of Probable Construction Cost
Task 6 – 90% Design
Provide written comment resolution response to all comments received on the 30% design
submittal a minimum of 2 weeks prior to submitting the 90% design package, and schedule meeting
RFP 9883 Distribution System Replacement Design – Oak Street Page 10 of 32
with City and stakeholders to discuss the review comments and how they will be incorporated into
the design.
Deliverables:
1. Final Design Calculations
2. 90% Design Drawings in electronic PDF format and electronic AutoCAD files
3. Final SUE Plans
4. Final Design Traffic Control Plans (for bidding purposes only)
5. Comment Resolution Responses to all comments received from the 60% design drawings.
6. 90% specification package in electronic Word format utilizing City standard specifications
adapted for the proposed project. This will utilize City standard development specifications
adapted to the specific water project.
7. 90% design Opinion of Probable Cost using Class 1 cost estimating based on AACE.
Task 7 – Final for Bid (FFB)
Provide written comment resolution response to all comments received on the 90% design
submittal a minimum of two (2) weeks prior to submitting the FFB design package, and schedule
meeting with City and stakeholders to discuss the review comments and how they will be
incorporated into the design. All engineering shall be overseen, signed, and sealed by a
Professional Engineer registered in Colorado.
Deliverables:
1. Scope of Project
2. FFB Design Drawings in electronic PDF format and electronic AutoCAD files.
3. FFB specification package in electronic Word format including Technical Specifications, as
well as any required information for permitting a contractor will need to know. The City has a
working set of specifications from previous projects that will be amended to be relevant to
this project. General Conditions (Div 00) will be provided by the City. Division 01 General
Requirements Specifications will be provided by the Professional.
4. FFB Class II Opinion of Probable Construction Cost.
5. One full-size hard copy of Drawings with Professional PE stamp and signature, and any
signatures required by the Owner.
6. Unit Price Bid Schedule in Excel format
7. Estimated Project Schedule
8. Minimum qualifications of Contractor, if applicable
Task 8 – Bid Support
Attend construction pre-bid meeting, support City in preparation of addenda, prepare conformed
drawings to include any addenda.
Deliverables:
1. Any revised Addenda Drawings in PDF format
2. Addenda Specifications in Word format if revisions are needed
Task 9 – Construction Support Services
Professional to provide onsite construction and resident engineering support services including
submittal review and log to track submittals, resident engineering services during installation and
construction. Resident engineering services may include, but are not limited to, inspection and
monitoring construction progress and adherence to plans and specifications, schedule and attend
construction meetings, track construction progress and schedule including construction quantity
tracking and pay request review, prepare meeting minutes and notes, development and
coordination of redlines and final record, as-built, drawings, as well as final check-out and punchlist
items and warranty inspections, and other resident engineering duties as assigned.
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Construction Support Services will not be included in the initial contract but may be added via
amendment or change order closer to the end of design when complete information about the
services needed will be known. The estimate will be a starting point for the negotiation of the
amendment.
Deliverables:
1. Submittal reviews and log tracking including RFIs, shop drawings – submittals, etc.
2. Construction meetings and scheduling, 3-week look ahead development, host construction
meetings and take notes, maintain and submit construction daily logs and reports.
3. Maintain and track construction schedule including construction quantity tracking and pay
request review.
4. Redlines coordination with contractor.
5. Signed and stamped record – as-built drawings in PDF format.
6. Recommendations for best management practices for long term maintenance.
7. As-built PDF and AutoCAD files as well as any geospatial data created during construction.
Task 10 – Communications and Public Outreach Support
Public outreach is initiated prior to the potholing effort, and then again ahead of the construction
start date. Outreach consists of postcards delivered via mail, and door hangers delivered to each
individual residence and business. City staff are expected to lead the public outreach prior to
potholing and construction.
Communications and Public Outreach Support may not be included in the initial contract but will be
added via amendment or change order closer to the end of design when complete information
about the services needed will be known. The estimate will be a starting point for the negotiation of
the amendment.
Support may be required for the following:
1. Distribution of outreach materials to residents and businesses.
2. The second event will be just before construction and will confirm scheduling dates as well
as give feedback on comments received during the 30% event. Attendance at meetings with
local businesses and residents as needed.
B. Milestones
The tentative milestone timeline for design, permitting, and construction (plan set and specifications)
are preliminarily outlined as follows. Professionals are to provide a more detailed, realistic schedule
with milestones and critical timelines.
Phase 1 Distribution System Replacement Design – Oak Street:
Final design and bid documents complete by April 23, 2024.
Construction start date by September 2, 2024.
Final Acceptance by February 2025.
Phase 2 Distribution System Replacement Design – Oak Street:
Final design and bid documents complete by July 26, 2024.
Construction start date by April 7, 2025.
Final Acceptance by September 2025.
C. Minimum Qualifications
1. Professional Engineer registered in Colorado
RFP 9883 Distribution System Replacement Design – Oak Street Page 12 of 32
III. GENERAL INFORMATION
A. Anticipated RFP Schedule
The following represents the City’s target schedule for the RFP. The City reserves the right to amend the
target schedule at any time.
RFP issuance: August 29, 2023
Pre-Proposal Meeting: 10:00 AM MT on September 6, 2023
Question deadline: 3:00 PM MT on September 11, 2023
Final Addendum Issued: September 13, 2023
Proposal due date: 3:00 PM MT on September 21, 2023
Interviews (tentative): Week of October 2, 2023
Award of Contract (tentative): Week of October 9, 2023
Notice to Proceed (tentative): November 15, 2023
B. Interviews
In addition to submitting a written proposal, the top-rated Professionals may be interviewed by the RFP
assessment team and asked to participate in an oral presentation to provide an overview of the company,
approach to the project and to address questions. The evaluation criteria for the oral interviews will be
the same as the criteria for the written evaluations and is included in Section V.
C. Travel & Expenses
Reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Professional
will be required to provide original receipts to the City for all travel expenses.
D. Subcontractors/Subconsultants
Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal.
Please note that the City will contract solely with the awarded Professional; therefore, subcontractors
and/or subconsultants will be the responsibility of the Professional.
E. Financial Qualifications
Professionals selected as finalists may be required to submit a banking reference and the most recent
financial statement (audited preferred) including balance sheet and income statement, as well as a
statement of cash flows (the “Financial Information”).
F. Current Standards
All work and/or materials must meet current standards in force by recognized technical and
professional societies, trade and materials supply associations, institutes and organizations, bureaus
and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. All
Work shall be performed in accordance with applicable ANSI, OSHA, or AWWA standards.
The City’s Development Construction Standards for Water, Wastewater and Stormwater, and Larimer
County Urban Area Street Standards shall be followed for all projects. The standards can be accessed
via the following links:
https://www.fcgov.com/utilities/business/builders-and-developers/development-forms-guidelines-
regulations
https://www.larimer.gov/engineering/standards-and-guides/urban-area-street-standards
RFP 9883 Distribution System Replacement Design – Oak Street Page 13 of 32
G. Fees, Licenses, Permits
The successful Professional shall be responsible for obtaining any necessary licenses, fees or permits
without additional expense to the City. All vehicles and equipment shall be properly licensed and insured,
carry the appropriate permits and be placarded as required by law.
H. Laws and Regulations
The Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and
regulations and municipal ordinances to include American Disabilities Act (ADA). In performing the
Services required hereunder, the Professional agrees to meet all the requirements of the Americans with
Disabilities Act of 1990, and all applicable rules and regulations (the 'ADA'), which are imposed directly
on the Professional or which would be imposed on the City as a public entity. The Professional agrees to
be responsible for knowing all applicable requirements of the ADA and to defend, indemnify and hold
harmless the City, its officials, agents and employees from and against any and all claims, actions, suits
or proceedings of any kind brought against said parties as a result of any acts or omissions of the
Professional or its agents in violation of the ADA.
I. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost
of the work completed shall be paid to the Professional each month following the submittal of a correct
invoice by the Professional indicating the project name, Purchase Order number, task description, hours
worked, personnel/work type category, hourly rate for each employee/work type category, date of the
work performed specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the event a service
is requested which is not stated in the Work Order and/or Agreement, the Professional and the City will
negotiate an appropriate unit price for the service prior to the Professional initiating such work.
The City pays invoices on Net 30 terms.
J. Safety
Contractor shall complete the Contractor Safety Form, Section 00440. The City reserves the right to
deem a Contractor non-responsible and ineligible to be considered for the project in the event such
Contractor’s safety record does not meet the City’s safety standards, in the City’s sole discretion. The
Contractor’s safety record will be evaluated by the evaluation team as an element of determining
whether the Contractor is responsible. Contractor s whose safety record is judged to be unacceptable
(above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total Recordable Incident Rate (TRIR)
may be deemed ineligible to be considered for contract award at the City’s sole discretion.
K. Rates
During the design of the project, the pricing is to be held firm, no increases in the Rates will be allowed.
If Construction Support Services are added, rate increases and markups may be adjusted at that time.
Rates will be limited to a three percent (3%) fixed annual escalation for all labor, equipment, materials,
and subconsultants/subcontractors. The preference is that there are no markups, but if markups are
necessary, no greater than seven and one-half percent (7.5%) markup will be allowed on rental items,
materials, or subconsultants/subcontractors. Overhead, profit, insurance, general & administrative
expenses, shall be included in the unit prices.
IV. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty-five (25) 8 ½” x 11” pages (excluding
cover pages, table of contents, dividers and Authorization form, but including resumes and references).
Font shall be a minimum of 10 Arial and margins are limited to no less than 0.5” for sides and top/bottom.
RFP 9883 Distribution System Replacement Design – Oak Street Page 14 of 32
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing.
Links to other files or websites shall not be permitted. Proposals are expected to demonstrate the firm’s
qualifications, experience, time and materials, and no conceptual design is necessary. Proposals that do
not conform to these requirements may be rejected.
Professionals are required to provide detailed written responses to the following items in the order
outlined below. The responses shall be considered technical offers of what Professionals propose to
provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal
that does not include all the information required may be deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested the Professionals include
each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation
of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the services
offered, including a general description of the services and any unique aspects or benefits provided
by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed dates as
stated in the Schedule section.
B. Professional Information
1. Describe the Professional’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our account.
7. Primary contact information for the company including contact name(s) and title(s), mailing
address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above.
The narrative should include any options that may be beneficial for the City to consider.
2. Describe how the project would be managed and who would have primary responsibility for its
timely and professional completion.
3. Briefly describe the approach to execute the scope of work including the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s Project
Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants.
Include all applicable information herein requested for each Professional.
7. Can the work be completed in the necessary timeframe or earlier, with target start and completion
dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if required?
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9. Is the project team and pertinent noted Professional’s team members available to consistently
attend meetings as required by the Scope of Work?
10. Provide an outline of the schedule for completing tasks, with Tasks and subtasks as milestones.
Identify additional tasks if it is recommended they be included.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar projects, to
include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the
names of all key personnel and subconsultants with titles and their specific task assignment for
this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the project,
including partners, subconsultants, and subcontractors. Please limit resumes to one page. The
résumés shall include at least three individual references from previous assignments.
3. Detail your firm’s experience with water distribution system design and construction in the Right-
of-Way (ROW) pertinent to the design and installation of a project of this size.
4. List recent work with regulatory agencies like the City of Fort Collins, railroad, ditch companies
and other permitting capabilities relevant to this project.
5. A list of qualifications for your firm and qualifications and experience of the specific staff members
(with professional licenses and certifications) proposed to perform the services described above.
6. References. Provide a minimum of three (3) similar projects with public agencies or five (5) years
of experience that have involved the staff and subcontractors/subconsultants proposed to work
on this project. If Professional has worked for the City of Fort Collins, provide three references
beyond the one (1) City reference. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team and a brief
description of the work and any change orders. The Professional authorizes the City to verify any
and all information contained herein and hereby releases all those concerned providing
information as a reference from any liability in connection with any information provided.
7. Provide any information that distinguishes Professional from its competition and any additional
information applicable to this RFP that might be valuable in assessing Professional’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s commitment to
sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in determining the final
Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social, environmental, and
economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide
examples along with any metrics used to measure success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable
practices in previous similar projects on which your firm has been the prime Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on environmental
health priorities in the areas of climate resiliency, water quality and watershed
protection, regulatory performance, management systems, air quality, renewable
energy, sustainable building and design, construction materials management, and solid
waste reduction.
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b. Economic – Experience working and delivering projects with an emphasis on strategic
financial planning, job creation, business development, asset management, various
project delivery methods, value engineering, regional partnerships, transparency,
stakeholder engagement, strategic investments, aging infrastructure, repurposing of
existing facilities, and competing financial priorities.
c. Social - Experience working and delivering projects, programs, and/or initiatives that
support Equity, Diversity, and Inclusion throughout your firm’s workplace, including
leadership, and supply chain. Examples of this may be demonstration of working within
cultural and language gaps, development of diversity programs, diverse project teams,
equitable opportunity vendor supply chain, and how your firm has applied an equity lens
to processes such as recruitment, hiring, purchasing, career pathways, salaries, and
staff engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and
employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section by person,
number of hours and hourly rate. Provide a total not to exceed cost for the Scope of Proposal.
Price all additional services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be
used during the term of the Agreement. The rate schedules will be firm for the duration of the
Contract/Agreement. The fee schedule will be used as a basis for determining fees should
additional services, not included in the Scope of Work or Contract Documents, be necessary.
Include a per meeting rate in the event additional meetings are needed. Fee schedules for
subconsultants/subcontractors, if used, shall be included.
4. All direct costs with the exception of travel are to be included in the hourly labor rates. Travel
expenses may be reimbursable per the current rates found at www.gsa.gov. Professional will be
required to provide original receipts to the City for all travel expenses. Provide an estimated dollar
amount for each phase (30% and 90%) of travel.
5. Cost per pothole: Provide a unit cost per pothole for purposes of adjustment to the total
number/cost for completing the SUE investigation task. This cost should include any and all costs
associated with completing the work for a single pothole. This item will be used to adjust the final
number/cost of potholes. For RFP purposes, we are estimating 175 potholes over the whole
project. Should this number increase or decrease, a change order will be put into place with the
quantity and cost being adjusted up or down accordingly via a change order. The City reserves
the right to use one of our on-call contractors for the potholing should the costs proposed by the
Professional Team not be similar to those rates.
G. Sample Agreement
Included with this request for proposals is a sample Agreement the City intends to use for obtaining
the services of the Professional. The Professional is required to review this Agreement and indicate
any objections to the terms of the contract. If revisions to the contractual terms are requested, provide
suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form indicating the
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that the Professional has read and agrees to be fully bound by all of the terms,
conditions and other provisions set forth in the RFP.
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V. REVIEW AND ASSESSMENT CRITERIA
Proposal and Interview Criteria
Professionals will be evaluated on the following criteria. This set of 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 Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5
means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that
category.
Evaluation of Cost & Work Hours Category will consider the following:
1. Appropriate hour allocation for all skill levels.
2. Reasonable and appropriate effort for all tasks.
3. Transparent and competitive rates
4. Total cost
5. If applicable, added value for additional scope items proposed.
WEIGHTING FACTOR CATEGORY
20% Project Approach & Schedule
45% Firm Capability & Experience
5% Sustainability/TBL Methodology
30% Cost & Work Hours
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VI. 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 9883 Distribution System Replacement Design – Oak Street and sample Agreement except as
otherwise noted. Additionally, Professional hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the Professional’s
knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days
of notice of award. If contract is not completed and signed within 10 days, City reserves the right to
cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under
Colorado Open Records Act (CORA). Professional hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , a(n) enter state corporation or limited liability
company , hereinafter referred to as the "Professional" or “Consultant”.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of ( ) pages, and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, the Professional shall be solely responsible for performance of all duties
hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit B,
consisting of ( ) page(s), and incorporated herein by this reference.
3. 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 only at the time of renewal.
Written notice of renewal shall be provided to the Professional and mailed no later than thirty
(30) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Professional. Such notice shall be delivered at least ten (10) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
In the event of early termination by the City, the Professional shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Professional shall submit a final invoice
within ten (10) days of the effective date of termination. Undisputed invoices shall be paid
Net 30 days of the date of the invoice. Such payment shall be the Professional's sole right
and remedy for such termination.
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5. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three business days from the date of the notice when mailed to the following
addresses:
Professional: City: Copy to:
Attn:
email
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
email
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
6. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance
with Colorado law, from all damages whatsoever claimed by third parties against the City;
and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of
the Professional's negligent performance of any of the services furnished under this
Agreement. The Professional shall maintain insurance in accordance with Exhibit ,
consisting of ( ) pages, attached hereto and incorporated herein.
7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services
to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed
fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs
shall not exceed ($ ) in accordance with Exhibit , consisting of
( ) pages, attached hereto and incorporated herein. Monthly partial payments based
upon the Professional's billings and itemized statements are permissible. The amounts of
all such partial payments shall be based upon the Professional's City-verified progress in
completing the services to be performed pursuant hereto and upon the City's approval of
the Professional's actual reimbursable expenses. 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.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative.
The cost of the work completed shall be paid to the Professional following the submittal of
a correct itemized invoice by the Professional. The City is exempt from sales and use tax.
The City’s Certificate of Exemption license number is 09804502. A copy of the license is
available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
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8. Compensation. [Option 1] In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost
basis in accordance with Exhibit , consisting of ( ) pages, attached hereto
and incorporated herein, with maximum compensation (for both Professional's time and
reimbursable direct costs) not to exceed ($ ). Monthly partial payments based
upon the Professional's billings and itemized statements of reimbursable direct costs are
permissible. The amounts of all such partial payments shall be based upon the
Professional's City-verified progress in completing the services to be performed pursuant
hereto and upon the City's approval of the Professional's reimbursable direct costs. Final
payment shall be made following acceptance of the Work by the City. Upon final payment,
all designs, plans, reports, specifications, drawings and other services rendered by the
Professional shall become the sole property of the City.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative.
The cost of the work completed shall be paid to the Professional following the submittal of
a correct itemized invoice by the Professional. The City is exempt from sales and use tax.
The City’s Certificate of Exemption license number is 09804502. A copy of the license is
available upon written request.
The City pays invoices on Net 30 days from the date of the invoice
9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
10. 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 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.
11. City Representative. The City will designate, prior to commencement of work, its project
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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.
The initial City Representative for this Agreement is project manager's name, email and
phone # . The City Representative is subject to change by the City.
12. 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 than 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.
13. Project Status Report. A project status report is required to accompany all invoices and
shall be submitted to the City Representative. The progress status report shall contain a
written report of the status of the work with respect to the Scope of Services, Work Schedule,
previous invoices, outstanding balance, percent billed and other material
information. Failure to provide any required report may, at the option of the City, suspend
the processing of any payment request.
14. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for
the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
15. Subcontractors/Subconsultants. 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/subconsultant 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/subconsultant will be required to comply with all applicable terms
of this Agreement, (c) the subcontract will not create any contractual relationship between
any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see
to the payment of any subcontractor/subconsultant, and (d) the Work of the
subcontractor/subconsultant will be subject to inspection by the City to the same extent as
the Work of the Professional.
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The Professional shall require all subcontractors/subconsultants 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 , 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).
16. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
17. 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.
18. 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.
19. 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 themselves 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.
20. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this Agreement
affirms that they have the necessary authority to sign on behalf of their respective party and
to bind such party to the terms of this Agreement.
21. Law/Severability. The laws of the State of Colorado shall govern the construction,
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RFP 9883 Distribution System Replacement Design – Oak Street Page 24 of 32
interpretation, execution and enforcement of this Agreement. The Parties further agree that
Larimer County District Court is the proper venue for all disputes. If the City subsequently
agrees in writing that the matter may be heard in federal court, venue will be in Denver
District Court. 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.
22. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the
Regulations, affirmatively ensures that for all contracts entered into with the City,
disadvantaged business enterprises are afforded a full and fair opportunity to bid on the
contract and are not to be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors/subconsultants at
every tier.
23. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics,
incendiarism, interference by civil or military authorities, compliance with regulations or
orders of military authorities, and acts of war (declared or undeclared), provided such cause
could not have been reasonably foreseen and guarded against by the defaulting
Party. Force majeure shall not include increases in labor, commodity, utility, material,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Consultant must provide written
notice to the City of such condition within ten (10) days from the onset of such condition.
24. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
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rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable
law.
25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant
to CORA.
26. 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
( ) pages, attached hereto and incorporated herein by this reference. In the
event of any conflict between the main body of this Agreement and the Special Provisions
(or any other exhibit or attachment to this Agreement), the main body of the Agreement shall
control.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
Official Purchasing Document
Last updated 10/2017
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
Official Purchasing Document
Last updated 10/2017
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EXHIBIT
INSURANCE REQUIREMENTS
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.
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.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Professional 's general liability and automobile liability insurance policies by marking the
appropriate box or adding a statement to this effect on the certificate, for any claims arising
out of work performed under this Agreement.
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. Workers' Compensation & Employer’s Liability insurance shall
conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and
$100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Professional shall maintain during the life of this Agreement such
General Liability 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 General Liability,
shall not be less than $1,000,000 combined single limits for bodily injury and property
damage.
C. Automobile Liability. The Professional shall maintain during the life of this Agreement
such 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 Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
D. Errors & Omissions. The Professional shall maintain errors and omissions insurance in
the amount of $1,000,000.
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.
Official Purchasing Document
Last updated 10/2017
Professional Services Agreement - Utilities
RFP 9883 Distribution System Replacement Design – Oak Street Page 30 of 32
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Professional under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the confidential information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s confidential information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information which is not public
and/or is proprietary and includes by way of example, but without limitation, City customer
information, utility data, service billing records, customer equipment information, location
information, network security system, business plans, formulae, processes, intellectual
property, trade secrets, designs, photographs, plans, drawings, schematics, methods,
specifications, samples, reports, mechanical and electronic design drawings, customer lists,
financial information, studies, findings, inventions, and ideas.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer
identifiable information in any form, whether or not bearing a mark of confidentiality or
otherwise requested by the City, including but not limited to account, address, billing,
consumption, contact and other customer data. In the case of disclosure in non-documentary
form of non-customer identifiable information, made orally or by visual inspection, the
Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to
confirm in writing the fact and general nature of each disclosure within a reasonable time after
it is made in order that it is treated as Confidential Information. Any information disclosed to
the other party prior to the execution of this Agreement and related to the services for which
Professional has been engaged shall be considered in the same manner and be subject to
the same treatment as the information disclosed after the execution of this Agreement with
regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental to
Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Professional shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors/subconsultants to become familiar with, and abide by, the terms of this section,
which shall survive this Agreement as an on-going obligation of the Parties.
Professional shall not use such information to obtain any economic or other benefit for itself,
or any third party, other than in the performance of obligations under this Agreement.
Official Purchasing Document
Last updated 10/2017
Professional Services Agreement - Utilities
RFP 9883 Distribution System Replacement Design – Oak Street Page 31 of 32
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party (1) was generally known to the public through no wrongful act of the
Receiving Party; (2) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (3) has been approved for release by a written
authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law.
5. Required Disclosure.
If the Receiving Party is required (by interrogatories, requests for information or documents,
subpoena, civil investigative demand or similar process, or by federal, state, or local law,
including without limitation, the Colorado Open Records Act) to disclose any Confidential
Information, the Parties agree the Receiving Party will provide the Disclosing Party with
prompt notice of such request, so the Disclosing Party may seek an appropriate protective
order or waive the Receiving Party’s compliance with this Agreement.
The Receiving Party shall furnish a copy of this Agreement with any disclosure.
6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any
person, directly or indirectly, nor use it in any way, except as required or authorized in writing
by the City.
7. Red Flags Rules.
Professional must implement reasonable policies and procedures to detect, prevent and
mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found
at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate
steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and
must as expeditiously as possible notify the City in writing of significant breeches of security
or Red Flags to the City.
8. Data Protection and Data Security.
In addition to the requirements of paragraph 7, Professional shall have in place information
security safeguards designed to conform to or exceed industry best practices regarding the
protection of the confidentiality, integrity and availability of utility and customer information and
shall have written agreements requiring any subcontractor/subconsultant to meet those
standards. These information security safeguards (the “Information Security Program”) shall
be materially consistent with, or more stringent than, the safeguards described in this Exhibit.
a) Professional’s information security safeguards shall address the following elements:
Data Storage, Backups and Disposal
Logical Access Control (e.g., Role-Based)
Information Classification and Handling
Secure Data Transfer (SFTP and Data Transfer Specification)
Secure Web Communications
Network and Security Monitoring
Official Purchasing Document
Last updated 10/2017
Professional Services Agreement - Utilities
RFP 9883 Distribution System Replacement Design – Oak Street Page 32 of 32
Application Development Security
Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
Incident Response
Vulnerability Assessments
Hosted Services
Personnel Security
b) Subcontractors/subconsultants. Professional may use subcontractors/subconsultants,
though such activity shall not release or absolve Professional from the obligation to satisfy
all conditions of this Agreement, including the data security measures described in this
Exhibit, and to require a substantially similar level of data security, appropriate to the types
of services provided and Customer Data received, for any subcontractor/subconsultant
Professional may use. Accordingly, any release of data, confidential information, or failure
to protect information under this Agreement by a subcontractor/subconsultant or affiliated
party shall be attributed to Professional and may be considered to be a material breach of
this Agreement.
9. Confidential Information is not to be stored on any local workstation, laptop, or media such as
CD/DVD, USB drives, external hard drives or other similar portable devices unless the
Professional can ensure security for the Confidential Information so stored. Work stations or
laptops to be used in the Work will be required to have personal firewalls on each, as well as
have current, active anti-virus definitions.
10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply
during the term of the Work and at any time thereafter unless specifically authorized by the
City in writing.
11. If Professional breaches this Agreement, in the City’s sole discretion, the City may
immediately terminate this Agreement and withdraw Professional’s right to access
Confidential Information.
12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms
of media in which Confidential Information is contained, including but not limited to writings,
drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the
Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof
to the Disclosing Party. Upon such return of physical records, all digital and electronic data
shall also be deleted in a non-restorable way by which it is no longer available to the Receiving
Party. Written verification of the deletion (including date of deletion) is to be provided to the
Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
13. Professional acknowledges that the City may, based upon the representations made in this
Agreement, disclose security information that is critical to the continued success of the City’s
business. Accordingly, Professional agrees that the City does not have an adequate remedy
at law for breach of this Agreement and therefore, the City shall be entitled, as a non-exclusive
remedy, and in addition to an action for damages, to seek and obtain an injunction or decree
of specific performance or any other remedy, from a court of competent jurisdiction to enjoin
or remedy any violation of this Agreement.