HomeMy WebLinkAboutRFP - 9903 ENGINEERING CONSULTANT FOR WATER UTILITY CATHODIC PROTECTION RENEWALRFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
REQUEST FOR PROPOSAL
9903 ENGINEERING CONSULTANT FOR WATER UTILITY CATHODIC PROTECTION
RENEWAL
RFP DUE: 3:00 PM MT (Mountain Time), January 12, 2024
The City of Fort Collins is requesting proposals from qualified engineering Professionals to
provide engineering services for the City Water Utilities’ cathodic protection program.
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 1:00 PM MT on December 4, 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. Upon joining the meeting, please list your firm name, name,
and email in the chat and mute your microphone:
Join on your computer, mobile app or room device:
Click here to join the meeting
Meeting ID: 247 081 851 302
Passcode: eEQKgx
All questions should be submitted, in writing via email, to JD McCune, Senior Buyer at
jmccune@fcgov.com, no later than 3:00 PM MT on December 11, 2023. Please format your
e-mail to include: RFP 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
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
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
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 # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
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. 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 and financial data information is not required to 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 of any contract resulting from 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.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
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
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RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
I. OBJECTIVE & BACKGROUND
A. Objective
The City of Fort Collins (City or Utilities) is requesting proposals from qualified
engineering Professionals to provide engineering services for the City Water Utilities’
Cathodic Protection (CP) program. The CP program monitors and mitigates the potential
risk of corrosion to the City’s water system. Requested engineering services generally
include program-wide monitoring and adjustments, current cathodic protection
assessments, designs for multiple cathodic protection renewals, and construction
support.
B. Background
The City Water Utility has more than 91 miles of pipe within the water transmission
system, 18 miles of raw water pipe, and more miles of pipe within the Water Treatment
Facility (WTF) fencing. Some of these water lines are potentially at risk of corrosion
since they contain metal. The CP program helps to monitor these metal containing pipes
and structures and develop methods to mitigate risk due to corrosion. The CP program
helps Utilities deliver a safe, reliable water supply for treatment and distribution to City
customers.
The CP Program Master Plan was developed in 2018, which identified CP areas within
the water system, identified existing CP system issues, prioritized the CP areas based
on the existing issues, and recommended improvements for the water transmission CP
program. The CP program is organized into 11 different areas based on location, pipe
material, and CP type as shown in the map below.
An addendum to the 2018 CP Master Plan was issued in 2021 that provided updated
recommendations accounting for work completed since 2018 and updated test station
reads through 2020. CP monitoring and adjustments were performed in 2022 based on
the prioritized recommendations from the 2021 CP Master Plan addendum. The 2018
CP Master Plan and 2021 CP Master Plan Addendum will be available to interested
proposers per the instructions within the RFP.
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RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
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RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
II. SCOPE OF PROPOSAL
A. Project Scope Overview
This CP Renewal Project includes three main task types that were created based on the
recommendations from the 2021 CP Master Plan Addendum:
• Monitoring and adjustments to existing CP infrastructure
• Programmatic activities and assessments of existing CP Infrastructure
• Designs and construction for CP renewal
The selected Professional will provide engineering support, design, and construction
support to facilitate the monitoring and mitigation of potential risk of corrosion on the
City’s water system. The project scope of work generally includes the following tasks
that fit into one of the three task types listed above:
• Review cathodic protection background information and reports,
• Field work to evaluate, assess, and adjust rectifiers and test stations,
• Investigate and assess the need to replace existing CP materials and equipment,
• Design and bid document development for depleted deep ground bed anode
replacements,
• Design and bid document development for new galvanic anode system
replacements,
• Bidding assistance for completed designs,
• Construction oversight during installation and construction of replacements, and
Replace, relocate, and renew existing CP monitoring test stations and galvanic anodes.
B. Scope of Work
The scope of this project is to provide professional engineering consulting services for
the CP program by performing background document review, field work and
investigations, monitoring and adjustments to existing CP infrastructure, design,
construction assistance, and other CP program assistance. The following Scope of Work
template shall be the basis for the Professional’s proposals and the work to be
completed.
Task 1 – Project Management and Administration
Subtask 1.1: General Project Management
Time for this task is allocated to the Professional to oversee and administer the project
and may include the following activities.
a. Kickoff meeting.
b. Project meetings.
c. Drawing / Plan Set Standards meeting, including datum standards (i.e., Ground
Master, State Plane, etc.).
d. Project / schedule review meetings (30%, 90%, and as needed).
e. Coordination and collaboration with pertinent stakeholders (Professional to
develop this list and contact information) including Professional’s team lead and
City Project Manager.
Deliverables:
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
1. Professional to provide meeting agendas prior to meetings and notes / minutes after
meetings.
Subtask 1.2: Project Controls and Reporting
Prepare monthly invoices and submit them to the City in an approved format. Invoices
shall be broken down by task, prime 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. Total charges to date.
4. Previous billings.
5. Outstanding balance.
6. Percent billed.
7. Current amount remaining.
8. Total amount due.
9. Other items as required by the contract.
The Professional shall be responsible for the management of the Professionals team
(including subconsultants) and the overall project controls, actively coordinating with the
City’s Project Manager to manage the following:
1. Project costs.
2. Project schedule.
3. Document control.
Monthly project status reports shall be prepared and submitted to the City, 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 materials per the 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 2017).
4. ArcGIS Pro (Version 2.9).
Deliverables:
1. Monthly invoices.
2. Monthly project status reports.
3. Project schedule tracking.
Task 2 – Baseline Data and Investigations
Subtask 2.1: Baseline Data and Investigation
Conduct investigations to review the existing CP program and develop baseline
information and data to facilitate the design and construction phases.
1. Review City-furnished background documents related to the CP System.
2. Site inspections and investigations of existing system in support of
design.
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
3. Condition assessments of existing UV channels.
4. Overall structure and support systems.
5. Site mapping and measurements, may include survey / GPS.
6. Utility potholing to support site mapping and design. It is not anticipated
that a Subsurface Utility Engineering (SUE) Plan will need to be
developed since the anticipated designs will not include a contiguous
1,000 square feet, in accordance with Colorado State Law SB 18-167.
However, utility potholing may be required to confirm locations of
subsurface utilities at CP installation points as part of the design. Ensure
that all investigations necessary comply with Colorado SB 18-167.
7. Geologic mapping of subsurface conditions for designs that include
impressed current CP systems with deep ground bed anode wells. A
qualified geologist will review published geologic mapping and create a
geologic summary of subsurface conditions at new impressed current CP
locations. The City will provide the geologic summary for areas where
existing impressed current systems are active, including the WTF.
8. Groundwater well location review for designs that include impressed
current CP systems with deep ground bed anode wells. Identify conflicts
within 1,000 feet of new anode well locations.
Task 3 – Existing CP Program Support
Subtask 3.1: Test Station Readings and Analysis
Perform analyses and reporting based on the City provided annual test station readings.
City staff will collect test station voltage differential readings and provide the data to the
Professional in Excel spreadsheets. The WTF contains approximately 150 test stations
and the remainder of the CP system contains approximately 400 additional test stations.
Each test station may have multiple readings depending on the configuration of anode
and waterline leads. This task will include a review of historical test station reporting,
which should be combined with updated readings to assess trends in the CP System.
Assume this sub-task occurs annually for readings from 2023 and 2024.
1. Manage, evaluate, and map CP reads based on City provided test station readings in
combination with provided background data.
2. Identify system issues/deficiencies based on new data, 2021 master plan addendum
data and associated trends.
3. Re-evaluate capital improvement recommendations and priorities from 2021 master
plan addendum. Add improvement needs.
4. Prepare a summary memo with findings from TS reads and Capital Improvement
Plan (CIP) priorities with supporting mapping.
Subtask 3.2: Perform Rectifier Adjustments
1. Perform site visits to adjust rectifiers at the WTF (CP Areas 1 and 3, two (2)
rectifiers), Northeast Loop Line (CP Area 2A, five (5) rectifiers), and the Westside
transmission main (CP Area 8, one (1) rectifier) based on the outcomes from the
annual test station readings evaluation. The CP system has a total of eight (8)
rectifiers that require adjustments and monitoring on an annual basis. Assume that
this sub-task should occur in 2024 and 2025 and consider the results of the 2023
and 2024 test station readings and analysis.
2. Perform test station reads to validate rectifier adjustments, including anode bed
junction box readings to determine level of protection remaining in anode beds and
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
provide recommendations for renewal of anode beds, particularly at the WTF east
and west anode beds associated with the east and west rectifiers.
3. Document the adjustments in a memo, including the initial and final tap settings and
rectifier outputs as well as potentials along the pipelines compared to native to
demonstrate NACE criteria compliance.
Subtask 3.3: CP System Troubleshooting
Perform CP troubleshooting related to the test station readings, rectifier adjustments,
communication systems, and SCADA integration as needed.
1. Meet with City staff to discuss items that require troubleshooting, which may include,
but are not limited to:
a. Rewiring test stations and installing new shunts / wired connections.
b. Radio signal, communications, and alarm issues.
c. Electrical power supply, consistency, and low voltage issues.
d. Follow-up coordination and adjustments resulting from the rectifier
adjustment field work.
e. Updating documentation from the Rectifier Adjustments Memo
2. Assume four (4) meetings with City staff to discuss troubleshooting topics and two
(2) day-long site visits to perform the troubleshooting.
Subtask 3.4: CP Condition Assessment Presentations
1. Develop presentation agenda and slides based on the results from the condition
assessment, site investigation, test station reads, rectifier adjustments, and CIP
priority summary. Coordinate agenda and presentation with City for content and
speaking roles.
2. Develop and include CP training materials in the presentations to give City staff a
background about general CP and the City’s system.
3. Present at two (2) separate City meetings to inform City staff on CP background,
approach, system status, and improvement recommendations.
Deliverables:
1. Condition Assessment and Site Investigation Memo.
2. Test Station Reads and CIP Priority Summary Memo.
3. Rectifier Adjustments Field Work Memo
4. Condition Assessment Presentations agenda, notes, and presentation
materials.
Task 4 – Permitting
Subtask 4.1: Permitting
Develop a detailed Permitting Summary that will be incorporated into the Basis of Design
Memorandum. The Permitting Summary will include the following:
1. Identification of the federal, state, county and city regulatory
requirements as well as the responsible party (e.g., City, Professional,
or Construction Contractor) for obtaining the permits.
2. Complete applications for applicable permits.
3. Establish a tracking system to monitor the progress and status of
each permit and associated fees.
4. Establish a schedule for obtaining applicable permits including any
lead times.
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
The information documented in the Permitting Summary will be integrated into the
design and construction processes, as appropriate.
Deliverables:
1. Permitting Summary.
2. Permitting Schedule.
3. Completed permit applications.
Task 5 – CP Renewal Designs
The results of the CP System Condition Assessment combined with the test station
readings, rectifier adjustments, and background information review will be used to
finalize the CP priorities and design scope for this project. Based on the findings from
the 2021 CP Master Plan Addendum, develop three (3) separate Final for Bid (FFB)
level design packages for the following design tasks:
FFB
Package
Priority Design Task
1 a) New deep ground bed anode wells to replace existing
depleted anodes at the WTF (CP Area 1)
2
a) Galvanic anode CP renewal for the Overland Trail Insulator
(CP Area 2B)
b) Galvanic anode CP renewal for the Goat Hill Line (CP Area
7)
c) Localized galvanic anode replacement for the Horsetooth
Road spur and other localized replacements along the
Ziegler Road Line (CP Zone 10)
d) Localized galvanic anode replacement for the Raw Water
Line (CP Area 6)
3
a) Galvanic anode CP renewal for the West Side Transmission
Main (CP Area 4)
b) Galvanic anode CP renewal for the Northeast Loop (CP
Area 5)
The locations, prioritization, and type of CP systems for the renewals and replacements
may change after review and analysis of updated test stations readings. These projects
were selected as priorities based on the findings summarized in the 2021 CP Master
Plan Addendum. Develop each of the three (3) FFB design packages considering the
framework presented in Task 6 through Task 9.
Task 6 – 30% Design
The 30% Design finalizes the scope for each design package. This includes the design
effort necessary to determine the scope and involves all the design disciplines for the
project. Include general CP Areas for each package, type of CP systems (impressed
current, passive galvanic anode, etc.), and locations of CP infrastructure.
Each design package will be summarized in a Basis of Design Memorandum that covers
all major design criteria, including the development of a risk register, regulatory
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
standards, permits, materials, and design methodology. A meeting with the City to gain
consensus on the design will be planned during this design phase for each package.
Develop preliminary (30%) level design plans and a table of contents for the
specifications that will be the basis for subsequent design phases. Certain specification
sections may need to be developed if the early procurement of materials is required for
construction.
Deliverables:
1. Basis of Design Memorandum.
2. 30% Design Meeting with agenda, presentations, and notes.
3. 30% Design Drawings in an electronic PDF format and electronic CAD files.
4. 30% Design level draft of project specific Division 1 specifications in electronic Word
format Utilize City standard specifications adapted to this project.
5. 30% design Opinion of Probable Construction Cost using Class 3 estimating based
on AACE.
Task 7 – 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 with the City and stakeholders to discuss the review comments and
how they will be incorporated into the design. Prepare updated Design Plans,
Specifications, front-end documents, and project opinion of probable cost.
Prepare Final Design Report which will document all calculations and design
assumptions. The Final Design Report will include design standards and codes to be
used in each design discipline and any other relevant information that may impact the
design.
Deliverables:
1. Final Design Report with updated risk register.
2. 90% Design Meeting with agenda, presentations, and notes.
3. 90% Design Drawings in electronic PDF format and electronic AutoCAD files.
4. Comment Resolution Responses to all comments received from 30% design
drawings.
5. 90% specification package in electronic Word format
6. 90% design Opinion of Probable Cost using Class 1 cost estimating based on
AACE.
Task 8 – Final for Bid (FFB)
Provide written comment resolution response to all comments received on the 90%
design submittal. All engineering shall be overseen, signed, and sealed by a
Professional Engineer registered in Colorado. Prepare a design package that includes
plans, specifications, front-end documents, and any other items required for a
Construction Contractor to successfully bid on the project.
Deliverables:
1. FFB Design Plans in electronic PDF format and electronic AutoCAD files with
Professional PE stamp and signature.
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
2. IFB specification package in electronic Word and PDF format with
Professional PE stamp and signature including General Conditions and
technical specifications, plus pertinent contract documents provided by City
Purchasing. General Conditions (Division 00) will be provided by the City.
3. One full-size hard copy of Drawings with Professional PE stamp and
signature and any signatures required by the City.
4. Unit Price Bid schedule in digital Excel format.
5. Estimated package construction schedule.
6. Minimum qualifications of Construction Contractor.
Task 9 – Construction Contractor Bid Support
Attend construction pre-bid meeting, support City in preparation of addenda, review
contractor proposals, prepare conformed plans to include in any addenda.
Deliverables:
1. Any Addenda Drawings in PDF format.
2. Addenda Specifications in Word format.
Task 10 – Construction Support Services
Professional to provide onsite construction and resident engineering support services
including:
1. Submittal and RFI review.
2. Resident engineering services during installation and construction to include:
a. Inspection and monitoring construction progress.
b. Adherence to plans and specifications.
c. Attend construction meetings.
d. Construction quantity tracking and pay request review.
3. Development and coordination of redlines and final record, as-built,
drawings.
4. Participation in start-up and commissioning.
5. Final check-out and punch list items and warranty inspections.
6. Other resident engineering duties as needed.
Deliverables:
1. Submittal and RFI reviews and log tracking.
2. Maintain and submit construction daily logs and reports.
3. Signed and stamped Record – As-built Drawings in digital pdf format and AutoCAD
files as well as any geospatial data created during construction.
C. Milestones
Tentative Milestone timeline for design, procurement (plan set and specifications), and
construction (plan set and specifications) are preliminarily outlined as follows. Consultant
to provide a more detailed, realistic schedule with milestones and critical timelines,
including scheduling of the three separate IFB packages. Dates associated with this
RFP and the contracting process are included in Section III.
1. Task 8 – FFB Design for FFB Package 1 complete by July 2024.
2. FFB Package 1 construction start by October 2024.
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
3. FFB Designs for all three packages by September 2025.
D. Minimum Qualifications
1. Professional Engineer registered in Colorado.
2. Minimum of three (3) similar projects with public agencies or five (5) years of
experience.
3. Experience with the design, development, construction, and monitoring of CP
systems for municipalities water infrastructure.
4. Experience designing, monitoring, programming, and Operations & Maintenance of
remote monitoring units, rectifiers, and SCADA (in connection with CP systems),
including electrical load monitoring, optimization, and adjustment.
5. Experience conducting resistivity testing and methodologies and discontinuity
surveys.
E. Anticipated 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: November 21, 2023
• Pre-Proposal Meeting: 1:00 PM MT on December 4, 2023
• Question deadline: 3:00 PM MT on December 15, 2023
• NDA Request deadline: 3:00 PM MT on December 15, 2023
• Final Addendum Issued: December 29, 2023
• Proposal due date: 3:00 PM MT on January 12, 2024
• Interviews (tentative): Week of January 22, 2024
F. Non-Disclosure Agreement
The City will require all Professionals who would like to submit a proposal under this
RFP to execute the City’s Non-Disclosure Agreement in order to obtain access to the
2018 CP Master Plan and 2021 CP Master Plan Addendum. A sample copy of the Non-
Disclosure Agreement the City will use for document access specified in this RFP is
included as Attachment 1, attached hereto and incorporated by this reference. Contact
J.D. McCune, Sr. Buyer at jmccune@fcgov.com to request the NDA and provide
Professionals legal company name, contact name, contact email, and title of person
authorized to sign. The Non-Disclosure Agreement will be routed via DocuSign for
execution. Upon receipt of an executed Non-Disclosure Agreement, the City will then
release the documents to the Professional. NDA request deadline is December 15,
2023, by 3:00 PM MT.
G. 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 IV.
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
H. 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.
I. 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.
J. Financial Qualifications (CONFIDENTIAL)
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”).
K. 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.
L. 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.
M. 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).
N. 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.
RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
O. 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. No
greater than seven and one-half percent (7.5%) markup allowed on rental items, materials,
or subconsultants/subcontractors. Overhead, profit, insurance, general & administrative
expenses, shall be included in the unit prices.
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RFP # 9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of thirty (30) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers, Authorization Form, and resumes). Font
shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and
top/bottom. 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 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 that 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
program offered, including a general description of the program 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 to include the methods and
assumptions used, and any exceptions and/or risks.
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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, with target start and
completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Is the project team and other 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 resumes shall include at least three individual references from
previous assignments.
3. 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.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years (not to include the City) that have involved the staff and
subcontractors/subconsultants proposed to work on this project. 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.
5. 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.
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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.
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.
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. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. Include a per
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meeting rate in the event additional meetings are needed. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. Professional will be
required to provide original receipts to the City for all travel expenses.
5. The preference is that there are no markups, but if markups are necessary, no greater
than 7.5% markup will be allowed on direct costs or subcontractors.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Professional, attached as Section VI. 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 to specific areas of the Agreement where there are objections. No further
revisions or objections to the Agreement will be accepted after RFP submission deadline.
H. Acknowledgement
The Acknowledgement form is attached as Section V. 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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IV. REVIEW AND ASSESSMENT CRITERIA
A. 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.
CRITERIA
NUMBER
CRITERIA WEIGHTING FACTOR
1 FIRM CAPABILITY & EXPERIENCE 45%
2 COST & WORK HOURS 30%
3 PROJECT APPROACH/SCHEDUL 20%
5 SUSTAINABILITY/TBL METHODOLOGY 5%
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V. 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 9903 Engineering Consultant for Water Utility Cathodic
Protection Renewal 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:
Name of Authorized Agent of Firm:
Email 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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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and
entered into the day and year set forth in Section 3 below by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and , a(n) [enter state]
[business type] (PROFESSIONAL).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The PROFESSIONAL agrees to provide Services in accordance with
the Scope of Services, attached hereto as Exhibit A, consisting of [# of Pages] and is
incorporated herein by this reference. Irrespective of references to certain named third
parties within this AGREEMENT, the PROFESSIONAL shall be solely responsible for
performance of all duties hereunder.
2. Work Schedule. 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 [# of Pages] and is incorporated by this reference. Any change in schedule must be
agreed upon in writing by the parties hereto via a Change Order, a sample of which is
attached hereto as Exhibit C and incorporated by this reference.
3. AGREEMENT Period. This AGREEMENT shall commence , 20 (the Effective
Date) 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 (1) year periods not to exceed two (2) additional one-
year periods. Written notice of renewal shall be provided to the PROFESSIONAL no later
than thirty (30) days before AGREEMENT end.
4. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the PROFESSIONAL [choose one] as designated
in Exhibit D, consisting of [# of Pages], attached hereto and incorporated herein by this
reference, with a maximum compensation not to exceed ($ ). 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. Payment shall be made following acceptance of the Service(s)
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by the CITY.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Service(s) 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.
5. Early Termination by City. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at
least ten (10) calendar days written notice of termination to the PROFESSIONAL.
In the event of early termination by the CITY, the PROFESSIONAL shall be paid for
Service(s) rendered up to the date of termination, subject to the satisfactory performance
of the PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall
submit a final invoice within ten (10) calendar days of the effective date of termination.
Payment shall be the PROFESSIONAL's sole right and remedy for termination.
6. Notices. All notices provided under this AGREEMENT shall be effective immediately
when emailed or three (3) business days from the date of the notice when mailed to the
following addresses:
PROFESSIONAL: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Design and Service(s) Standards. The PROFESSIONAL warrants and shall be
responsible for the professional quality, technical accuracy, accessibility requirements
under ADA and Public Accommodations and Technology Accessibility sections below,
timely completion and the coordination of all Service(s) rendered by the PROFESSIONAL,
the Project Instruments as defined in Section 11 below. The PROFESSIONAL shall,
without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies.
8. Indemnification. The PROFESSIONAL shall indemnify, defend, and hold harmless the
CITY and its officers and employees, to the maximum extent permitted under Colorado
law, against and from any and all actions, suits, claims, demands, or liability of any
character whatsoever claimed by the PROFESSIONAL or third parties against the CITY
arising out of or related to this AGREEMENT (not limited to contract, tort, intellectual
property, accessibility, or otherwise). This obligation extends to reimbursement of the
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CITY's costs and reasonable attorney’s fees.
9. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit E,
consisting of [# of Pages], attached hereto and incorporated herein.
10. 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
supporting appropriation has been made. Non-appropriation by the City shall not be
construed as a breach of this AGREEMENT.
11. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings,
as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and any other deliverables (Project Instruments),
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 Project Instruments for use in performing the
Service(s) 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 Project Instruments 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 Project Instruments. This license shall survive termination of
the AGREEMENT by default or otherwise.
b. Upon payment under each applicable itemized invoice, Project Instruments rendered
by the PROFESSIONAL shall become the sole property of the CITY. Upon request
the PROFESSIONAL shall provide the CITY with the Project Instruments in electronic
format. The electronic copy of the Project Instruments shall be submitted to the CITY
in a mutually agreed upon format.
12. City Project Manager. The CITY’s Project Manager will be designated prior to the
commencement of the Work and shall make, within the scope of the Project Manager’s
authority, all necessary and proper decisions with reference to the Service(s) requested.
13. Project Status Report. A project status report is required to accompany all invoices and
shall be submitted to the CITY Project Manager. The progress status report shall contain
a written report of the status of the Service(s) with respect to the Scope of Services, project
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
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the processing of any payment request.
14. Independent Contractor. The Service(s) to be performed by the PROFESSIONAL are
those of an independent contractor and not of an employee of the City of Fort Collins. The
CITY shall not be responsible for withholding any portion of the PROFESSIONAL's
compensation hereunder for the payment of FICA, Workers' Compensation, other taxes
or benefits or for any other purpose.
15. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the PROFESSIONAL and that this AGREEMENT shall be
considered as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL
shall neither assign any responsibilities nor delegate any duties arising under this
AGREEMENT without the prior written consent of the CITY.
16. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the
Service(s) set forth herein without the prior written consent of the CITY, which shall not be
unreasonably withheld. If any of the Service(s) 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 Service(s), (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 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
Service(s) of the subcontractor/subconsultant will be subject to inspection by the CITY to
the same extent as the Service(s) of the PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing
Service(s) hereunder to maintain insurance coverage naming the CITY as an additional
insured under this AGREEMENT, Exhibit E, consisting of [# of Pages], attached hereto
and incorporated herein by this reference. The PROFESSIONAL shall maintain a copy of
each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon
request, the PROFESSIONAL shall promptly provide the CITY with a copy of the
certificate(s).
17. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the PROFESSIONAL of responsibility for the quality or
technical accuracy of the Service(s). The CITY's approval or acceptance of, or payment
for, any of the Service(s) 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 to or refuse to perform
according to the terms of this AGREEMENT, that party may be declared in default upon
notice.
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19. Remedies. In the event a party has been declared in default, that defaulting party shall
be allowed a period of ten (10) calendar days from the date of notice 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. In event of a dispute regarding this AGREEMENT, each party
shall bear its own attorney fees and costs.
20. Entire Agreement; Binding Effect; 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 the matter recited herein. This
AGREEMENT supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the 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 that party to the terms of this AGREEMENT.
21. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter
and Municipal Code shall govern the construction, interpretation, execution and
enforcement of this AGREEMENT—without regard to choice of law or conflict of law
principles. 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, that holding shall not invalidate or render unenforceable any other provision
of this AGREEMENT.
22. Use by Other Agencies. The CITY reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the CITY’s award determination to the PROFESSIONAL. Use by any other entity
shall not have a negative impact on the CITY in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent
for the CITY in connection with the exercise of any rights hereunder, and neither party
shall have any right or authority to assume or create any obligation or responsibility on
behalf of the other. The other Agency shall be solely responsible for any debts, liabilities,
damages, claims or expenses incurred in connection with any agreement established
solely between the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder
is subject to the PROFESSIONAL’s commitment that this authorization shall not have a
negative impact on the Service(s) to be completed for the CITY.
23. Prohibition Against Unlawful Discrimination. The PROFESSIONAL acknowledges that the
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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); Section §§24-34-401, et seq., C.R.S., and any
associated State or Federal laws and regulations, 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 forty (40) years or older, marital status,
disability, sexual orientation, genetic information, or other characteristics protected by law.
Pursuant to City 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 the employee has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The CITY requires the PROFESSIONAL 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 subcontractors/subconsultants at
every tier.
24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
PROFESSIONAL agrees to meet all the requirements of the Americans with Disabilities
Act of 1990, §§24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA),
and all applicable Colorado public accommodation laws, which are imposed directly on
the PROFESSIONAL or which would be imposed on the CITY as a public entity.
25. Technology Accessibility. The PROFESSIONAL represents in performing the Service(s)
hereunder, it shall fully comply with all applicable provisions of §§24-85-101, et seq.,
C.R.S., and all accessibility standards as established by the State of Colorado Governor’s
Office of Information Technology (OIT) pursuant to §24-85- 103, C.R.S., including all
updates and amendments to those standards as provided by the OIT. To confirm that the
Project Instruments meet these standards, PROFESSIONAL may be required to
demonstrate compliance. The PROFESSIONAL shall indemnify the CITY pursuant to the
Indemnification section above in relation to the PROFESSIONAL’s failure to comply with
§§24-85-101, et seq., C.R.S., or the OIT’s accessibility standards pursuant to §24-85-103,
C.R.S.
Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations
and laws, specifically including Colorado’s Privacy Act § 6-1-1301 et. seq. (the Privacy
Act). PROFESSIONAL shall ensure that each person processing any personal data
connected to the Service(s) is subject to a duty of confidentiality with respect to the data.
If applicable, PROFESSIONAL shall require that any subcontractors meet the obligations
of PROFESSIONAL with respect to any personal data connected to this SOW. The Parties
agree that upon termination of the Service(s) that PROFESSIONAL shall, at the CITY’s
choice, delete or return all personal data to the CITY unless retention of the personal data
is required by law. PROFESSIONAL shall make available to the CITY all information
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necessary to demonstrate compliance with the obligations of the Privacy Act.
PROFESSIONAL shall allow for, and contribute to, reasonable audits and inspections by
the CITY or the CITY’s designated auditor.
27. 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, 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.
28. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et
seq. (CORA), and documents in the CITY’s possession may be considered public records
subject to disclosure under the CORA.
29. 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 party that 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 the cause
could not have been reasonably foreseen and guarded against by the affected
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 PROFESSIONAL must
provide notice to the CITY of such condition within ten (10) days from the onset of the
condition.
30. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit F - Confidentiality,
consisting of [# of Pages], attached hereto and incorporated herein by this reference.
31. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in
the following order of priority:
(a) this AGREEMENT (and any written amendment),
(b) Exhibits to this AGREEMENT,
(c) Change Order(s), and
(d) the Purchase Order document.
32. Prohibited Terms. Nothing in any Exhibit, or other attachment shall be construed as a
waiver of any provision above. Any terms included in any Exhibit, or other attachment that
requires the CITY to indemnify or hold PROFESSIONAL harmless; requires the CITY to
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agree to binding arbitration; limits PROFESSIONAL’s liability; or that conflicts with statute,
City Charter or City Code in any way, shall be void.
[Signature Page Follows]
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
Professional Services Agreement
RFP #9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
Official Purchasing Document
Last updated 11/2023
EXHIBIT A
SCOPE OF SERVICES
Professional Services Agreement
RFP #9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
Official Purchasing Document
Last updated 11/2023
EXHIBIT B
WORK SCHEDULE
Professional Services Agreement
RFP #9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
Official Purchasing Document
Last updated 11/2023
EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: Company Name
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Price:
4. Change in Time:
ORIGINAL WORK PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK COST %
ADJUSTED WORK COST $ .00
PROFESSIONAL: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
Professional Services Agreement
RFP #9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
Official Purchasing Document
Last updated 11/2023
EXHIBIT D
COMPENSATION
The following pricing shall remain fixed through the completion 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, and subconsultants/subcontractors. No
greater than seven- and one-half percent (7.5%) markup allowed on rental items, materials, of
subconsultants/subcontractors. Overhead, profit, insurance, general & administrative expenses,
shall be included in the unit prices.
Professional Services Agreement
RFP #9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
Official Purchasing Document
Last updated 11/2023
EXHIBIT E
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, insurance as the CITY may deem
proper and may deduct the cost of the 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 and Employer's Liability. The PROFESSIONAL shall maintain
Workers’ Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the PROFESSIONAL's employees engaged in work performed under
this AGREEMENT. Workers' Compensation and 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
General 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 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
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 and 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/subconsultant, the PROFESSIONAL shall
be responsible for any liability directly or indirectly arising out of the work performed under this
AGREEMENT by a subcontractor/subconsultant, which liability is not covered by the
subcontractor/subconsultant's insurance.
Professional Services Agreement
RFP #9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
Official Purchasing Document
Last updated 11/2023
EXHIBIT F
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 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.
Professional Services Agreement
RFP #9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
Official Purchasing Document
Last updated 11/2023
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 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
Professional Services Agreement
RFP #9903 Engineering Consultant for Water Utility Cathodic Protection Renewal
Official Purchasing Document
Last updated 11/2023
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. PROFESSIONAL may use subcontractors, 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 PROFESSIONAL may use.
Accordingly, any release of data, confidential information, or failure to protect information
under this AGREEMENT by a subcontractor 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. Workstations
or laptops to be used in the Service(s) 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 Service(s) and or AGREEMENT 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.