HomeMy WebLinkAboutRFP - 9720 WATER DEMAND MODEL UPDATERFP 9720 Water Demand Model Update Page 1 of 34
REQUEST FOR PROPOSAL
9720 WATER DEMAND MODEL UPDATE
RFP DUE: 3:00 PM MT (Mountain Time), MARCH 13, 2023
The City of Fort Collins Utilities (“Utilities”) is requesting proposals from qualified Professionals
to provide consulting services for updates to an existing water demand estimation model that
integrates with existing supply and distribution system models. The water demand model update
will support the Utilities’ Water Efficiency Plan (WEP) update and may consider climate change,
population growth, shifts in water use patterns, and/or how water conservation or demand
management strategies (efficiency programs, municipal codes, etc.) are likely to influence
supply availability into future scenario evaluations. The water demand model update will
investigate a range of demand management strategies based on existing practices, shortage
responses, and new strategies to be developed through engagement with public and Utilities
staff.
Award of this RFP is subject to the availability and re-appropriation of City and grant funding.
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.
All questions should be submitted, at any time, in writing via email, to Ashley Parker, Purchasing
Manager, at asparker@fcgov.com. Final questions shall be submitted no later than 3:00 p.m. MT
(our clock) on February 23, 2023. Please format your email to include RFP 9720 Water Demand
Model Update 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.
This RFP has been posted utilizing the following Commodity Code(s):
91812 Analytical/Predictive Studies and Surveys (Consulting)
91842 Engineering Consulting
92533 Engineer Services, Professional
98975 Soil Sampling and Preparation Services
92597 Water Supply, Treatment, and Distribution/Engineering
98991 Water Sampling and Analysis Services
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
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 9720 Water Demand Model Update Page 2 of 34
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 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/subcontractor 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 or W-8BEN/W8-BEN-E (international firms) 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.
RFP 9720 Water Demand Model Update Page 3 of 34
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
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 9720 Water Demand Model Update Page 4 of 34
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. OBJECTIVE
The City of Fort Collins Utilities (“Utilities”) is requesting proposals from qualified Professionals
to provide consulting services for updates to an existing water demand estimation model that
integrates with existing supply and distribution system models. The water demand model update
will support the Utilities’ Water Efficiency Plan (WEP) update and may consider climate change,
population growth, shifts in water use patterns, and/or how water conservation or demand
management strategies (efficiency programs, municipal codes, etc.) are likely to influence
supply availability into future scenario evaluations. The water demand model update will
investigate a range of demand management strategies based on existing practices, shortage
responses, and new strategies to be developed through engagement with public and Utilities
staff. The analyses will be used to prioritize demand management strategies, evaluate
effectiveness of currently planned water shortage response actions (i.e., water restrictions), and
support understanding of how conservation might impact supply (for example, do conservation
outcomes or water restrictions have short-or-long-term impacts on water supply storage or
operations?).
B. BACKGROUND
The City of Fort Collins is located 65 miles north of Denver in Larimer County, between the
Rocky Mountains foothills and the Eastern Plains of Colorado. Fort Collins is home to Colorado
State University and a few large commercial enterprises. Utilities currently serves about 75% of
Fort Collins’ residents and businesses. The Utilities service area boundary for water, which does
not coincide with Fort Collins city limits, is bordered by neighboring water districts. Since 2013,
most Utilities water customers are equipped with digital smart water meters that allow for
accurate water use monitoring. In 2021, Utilities supplied 8.8 billion gallons of water to
approximately 142,800 residents and commercial users. Indoor water uses accounted for
approximately 65% of all water demand. Water demand and conservation programs are
summarized in the 2021 Water Conservation Annual Report. Utilities posts current and past
water supply and demand information online at https://www.fcgov.com/utilities/what-we-
do/water/water-supply-demand. Current estimates for the Utilities service area show a
population increase up to about 195,000 by 2065. In addition, Utilities expects an increase in
demands by large contractual users into the future.
Utilities’ water supplies come from the Poudre River Basin, the North Platte River Basin (with a
transmountain diversion into the Poudre River Basin), and the Colorado-Big Thompson
(CBT) Project, including Horsetooth Reservoir and the Windy Gap Project. Utilities’ supplies
include direct flow rights, converted agricultural rights, CBT units, supplies from the Michigan
Ditch, and storage in Joe Wright Reservoir. Key facilities related to delivering water from these
sources include diversion points and pipelines on the Poudre River, Joe Wright Reservoir,
Michigan Ditch, as well as CBT/Windy Gap delivery facilities.
On an annual average basis, Utilities receives about half of its water supply from the
Poudre River and half from the CBT/Windy Gap Projects. Utilities works closely with the
Northern Colorado Water Conservancy District (“Northern Water”), who administers the CBT
and Windy Gap Projects, to manage our water supplies stored in Horsetooth Reservoir.
RFP 9720 Water Demand Model Update Page 5 of 34
C. Associated Policies and Programs
Multiple policies guide Utilities’ water supply and demand management. Water conservation
programs (fcgov.com/conserve/water-efficiency) help manage demand, and the Water Shortage
Action Plan establishes water shortage conditions and responses including specific mandatory
water use restrictions for a range of projected shortage severity. Water shortage response
tactics include limiting landscape water use and other outdoor uses such as vehicle washing,
spraying impervious surfaces, and street sweeping.
The Water Efficiency Plan (WEP) guides Utilities efforts to reduce water demands on its water
supplies by identifying strategies to efficiently manage, conserve, and use water. Utilities’
current WEP, released in 2015, outlines a goal of reducing water use to 130 gallons per capita
per day (GPCD) by the year 2030. Water Conservation has a proven track record of progressing
towards the 2015 WEP’s goal, with average annual consumption of 139 GPCD in 2021. The
WEP update, planned for release in 2024, will consider results of the modeling efforts described
herein and will address emerging challenges in the Utilities water service area like water
shortages, affordability, equity, and alignment with land use planning.
Utilities plans for its future water supplies around the framework outlined in the Water Supply
and Demand Management Policy (“Policy”). The Policy, updated in 2012, details three main
planning criteria used to develop Utilities’ water supply system:
• Planning demand level – the amount of demand the water supply system should
deliver. The planning demand level is used along with projected population and
projected large contractual use needs to determine future demand levels. The
planning demand level is 150 GPCD, which is higher than current use (and the 130
GPCD water conservation goal) to account for uncertainties in water supply planning.
• Drought criterion – Utilities should be able to meet the planning demand level in a 1-
in-50-year drought0F
1. This is an important criterion because not only will demands
often be higher in drought periods due to less precipitation, but water supply systems
generally will also yield less water.
• Storage reserve factor – Utilities must maintain a certain percentage of annual
demand in storage through the 1-in-50-year drought. This storage reserve provides a
short-term supply to address emergency situations, such as pipeline shutdowns or
wildfires. The 2012 Policy includes a 20% storage reserve factor.
D. Previous Modeling
In 2019, Utilities staff and contractors performed a water supply vulnerability study (WSVS) to
investigate the ability of the water supply system to meet future demands under current policy
criteria and level of service goals when subjected to varying hydrologic scenarios, demands,
risks, and uncertainties. The WSVS required a robust modeling platform to simulate the water
system under a wide range of possible future conditions. The platform used for the WSVS
consists of three separate models:
• Colorado-Big Thompson Quota (CBTQ) Model – an Excel-based model developed by
Northern Water to estimate annual quotas of C-BT and Windy Gap water for its allottees
based on hydrology and current operations.
1 Utilities has used a 1-in-50-year drought criterion since the original 1988 Water Supply Policy. The
drought criterion was developed from a 1985 study using historical Poudre River virgin flow data to
statistically define a 1-in-50 drought. With 30 years of additional flow data now available, which includes
additional hydrologic variability and extreme events, Utilities is aware the analysis behind the drought
criterion is potentially out of date.
RFP 9720 Water Demand Model Update Page 6 of 34
• Poudre Basin Network Model (PBN) – a MODSIM-based model that simulates water
supply infrastructure and operations by municipal, industrial, and agricultural entities in
the Poudre River basin and the lower South Platte River basin below the Poudre River
confluence near Greeley. It has been updated and enhanced by the City of Fort Collins,
Northern Water and the City of Greeley over the years.
• Fort Collins System Model (FCSys) – a MODSIM-based model developed by Utilities
that simulates the Utilities water supply system under various water demand, water
rights, infrastructure and operational scenarios. FCSys simulates water deliveries,
deliveries to large contractual users, return flow obligations from the use of converted
agricultural water rights and various other operations of the water supply system.
A water Demand Estimation Tool was developed as part of the WSVS to estimate future water
demands for the Utilities service area. The Demand Estimation Tool incorporates variables and
computational algorithms developed based on input by Utilities staff and implemented by a
technical consultant to calculate demands. The Demand Estimation Tool consists of individual
linear regression models, each developed for five water use types: single family and duplex,
multifamily, small commercial, medium commercial, and large commercial customers. It was
developed using processed historical customer-level water use data from 2001-2016 to estimate
future water demand at a monthly time step.
The Demand Estimation Tool approximates future water demand using demand regression
models to predict the average water use per premise by month for each of the five water user
types. Because water demand is estimated as a function of weather variables such as monthly
rainfall and temperature, the Demand Estimation Tool output consists of monthly demands for a
specific sequence of hydrologic years as input by the user. The base water demand is
calculated, aggregating the premise level demand across customer groups, for a predicted
number of premises. The total demand includes the base demand, the supply obligations for the
large commercial users and the estimated general distribution losses.
The Demand Estimation Tool integrates with the supply and system models developed for the
WSVS. The demand data is parcel-based and is derived through spatial processing of GIS
layers. The final GIS layer attribute table, or Master Table, plays an important role in the
demand estimation method by providing information to group parcels by service areas and
applying densities in planning zones for current and future predictions of water use in developed
and undeveloped areas.
The Demand Estimation Tool uses a conservation reduction factor to represent conservation
program effects but does not evaluate the effects of specific conservation or demand
management strategies (e.g., limiting turf irrigation to 3 day per week, increased landscape
conversions or more efficient development standards for new development). Furthermore, none
of the supply system model simulations include the effects of water use restrictions (e.g., how
reduced demands one year via restrictions impact supplies in subsequent years). Thus, the
demands developed by the Demand Estimation Tool were not reduced in accordance with the
Utilities Water Shortage Action Plan.
II. SCOPE OF PROPOSAL
RFP 9720 Water Demand Model Update Page 7 of 34
A. Scope of Work
The awarded Professional will be responsible for producing quantitative model(s) to predict
water demand changes for specific conservation strategies and management tactics under a
variety of current and future conditions.
Firms are invited to submit a scope of proposal for the tasks described below. Submittal
requirements also include costs and work hours (as detailed in Section III.G).
Tasks 1, 2, and 3 are priority tasks for 2023. Task 4 may continue into 2024 depending on the
timing of concurrent Utilities-led public engagement processes that will be used to select
potential demand management strategies and future-state conditions to include in modeling
scenarios. Task 5 (if included in award) would be completed in 2024.
Task 1. Project Management
At a minimum, the Professional project management functions shall include the following:
• Schedule and facilitate meetings, including a Kick-Off meeting, with Utilities staff as
needed to accomplish the project scope
• Identify and facilitate milestone meetings and workshops as necessary
• Prepare and submit monthly schedule, budget, and project status reports with invoices
The awarded Professional shall prepare a Project Management Plan (PMP) to include, at a
minimum, the following elements:
• Scope
• Budget
• Deliverables
• Schedule – tasks, meetings, milestones, delivery dates, etc.
• Expectations of Utilities and partners (including resources required, documents to be
provided, expected level of coordination, etc.)
Task 2. Background and Literature Review
The awarded Professional will be responsible for reviewing existing supply and system models
and Demand Estimation Tool used in the WSVS, with the goal of developing an understanding
of how the existing supply, system, and demand models integrate. Any new or modified version
of the Demand Estimation Tool must be able to integrate with existing supply and system
models.
The Professional will also review and become familiar with the data and assumptions used in
the WSVS effort and will also perform a basic literature review of water demand
modeling/analysis to ensure familiarity with most current best practices and analytical methods.
Additionally, the Professional will review climate studies for the Intermountain West, with a focus
on identifying new and/or updated data (including downscaled Global Climate Models) and tools
which could be applied to the Utilities water service and supply areas. Utilities anticipates the
Professional will be at least generally familiar with the currently available and appropriate
datasets and tools.
Types of data that may be evaluated include:
• Current and future climate patterns
• Current population growth and associated demand projection methods
• Current and future demand side management strategies and water shortage response
efforts (restrictions)
RFP 9720 Water Demand Model Update Page 8 of 34
• Comparable studies prepared for other water providers
The Professional will document the background and literature review findings in a memorandum
or report.
Task 3. Water Demand Estimation Tool Development/Updates
In close coordination with Utilities’ Staff and the City’s Planning Division, the awarded
Professional will update and expand the Demand Estimate Tool (or develop a comparable new
tool) that is capable of evaluating indoor and outdoor water reduction outcomes for a variety of
specific conservation or demand management strategies, including tactics outlined in the Water
Shortage Action Plan. The tool should be capable of being updated by Utilities or other City
staff, able to add new strategies, and capable of changing other inputs.
The updated water Demand Estimate Tool (or comparable new tool) should be capable of
incorporating considerations such as:
• Climate change on outdoor irrigation needs including seasonally dependent demand
variations
• Population growth for Utilities’ service area, the City limits, and the GMA
• Conservation effectiveness and potential demand hardening
• Changing land use patterns (e.g., development density)
• Specific demand management measures such as restricted irrigation days per
week/time of day/seasonal windows.
• Current and future demand management programs for existing developments that could
reduce indoor and/or outdoor water use, including, but not limited to:
o Changing outdoor irrigated areas and water application rates, including reduction
of non-functional/non-essential turf areas
• Water shortage response tactics described in the Water Shortage Action Plan
• Economic conditions (including growth in demand from water-intensive industries)
• New and re-development standards for increased water efficiency both indoor and
outdoor
• Alternative site-specific water supplies (e.g., rainwater capture, graywater use)
• Others as identified
Growth projections are provided by the City’s Planning Division for the entire City and the
Growth Management Area (GMA). This data is available in GIS layers and the awarded
Professional is expected to refine this information to consider current and future populations
within the Utilities service area as well as populations within the City and GMA boundaries. The
awarded Professional will work with Utilities staff and the City’s Planning Division and others to
develop methodologies to adjust the growth projections based on the physical boundaries of the
service area, City limits, and GMA in a way that can be easily updated in the future by City staff.
Task 4. Scenario Selection and Water Demand Model Runs
Based on tasks described here, as well as input from City staff and public engagement efforts
that will be conducted separately, the Professional will compile alternate water demand, water
supply availability, and climate states into scenarios that represent potential future conditions for
the Utilities service area. The Professional will facilitate workshop(s) to screen the scenarios
with Utilities staff to develop a range of potential conditions that may be input into models. This
effort will result in a suite of potential demand scenarios based on likely population growth
trajectories, including the multiple physical boundaries listed above, climate impacts, and
RFP 9720 Water Demand Model Update Page 9 of 34
conservation practices. The Professional will document the scenario development and section
process in a written memorandum or report.
The Professional will model selected scenarios to estimate water demand reduction from
various conservation strategies and water restrictions tactics under a range of population growth
and climate conditions. At a minimum, Utilities staff anticipate scenarios that analyze:
• Water demand reduction outcomes from the Low, Medium, and High Action Level
responses described in the Water Shortage Action Plan.
• A minimum of three additional conservation or demand management strategies
developed through City staff and public engagement efforts (e.g., conversion of existing
turf to xeric landscapes).
• Population and density for current conditions, as well as most likely and aggressive
future population and growth projections.
• Climate change conditions that may influence water demand, specifically increased
temperature and decreased precipitation and changing seasonal patterns such as earlier
snowmelt and hotter autumn months.
Task 5 (Optional). Engagement of City Staff and Public (Optional)
If the Professional or their subcontractor has experience and capability with engagement efforts
involving water conservation and demand management strategies and scenario development
with general public, underrepresented and marginalized communities, or municipal staff (e.g.,
Utilities, Parks, Wastewater, Natural Area, etc.), they may include in their scope and cost
estimate the development and implementation of an engagement plan to solicit input on
demand management strategies and scenarios to be used in modeling. Engagement may
include series of workshops, surveys, and/or other methods. The Professional would work
closely with the Utilities Public Engagement and other Utilities staff. The Professional may also
work closely with other Utilities contractors and public representatives.
The City of Fort Collins has and continues to explore incorporating the sustainable, inclusive
and integrated water management framework emphasized by the One Water movement. One
Water is a practice of integrated water resource management and planning. Using stormwater
infrastructure to offset outdoor watering needs is one example of how One Water can provide
water savings solutions that have previously not been explored in Utilities’ demand
management analyses. If engagement is included in the final scope of work, the Professional
should incorporate a One Water approach to facilitating internal engagement of City staff to
identify cross-departmental strategies to use water more efficiently.
The outcomes of the engagement process would be included in the scenario analysis described
in Task 4.
If engagement efforts associated with this task are included in the final scope, the Professional
would document all engagement efforts and resulting staff and public input in a detailed report.
B. Deliverables/Milestones
The City anticipates that the Professional or team will complete the following tasks and issue the
following deliverables:
RFP 9720 Water Demand Model Update Page 10 of 34
• Quantitative water Demand Estimation Tool capable of evaluating indoor and outdoor
water reduction outcomes for a variety of specific conservation or demand management
strategies under variable population growth trajectories and climactic conditions.
• Data sets compiled/developed for this water demand model update.
• Detailed report including executing summary that outlines all research, methods,
modeling/analysis tools, input data, results, interpretation and description of water
demand outcomes in scenario modeling, any other findings, and recommendations for
future analyses. Professional should assume submittal of one draft report for Utilities
review in addition to the final report.
• Draft and final text, figures, and tables that addresses this demand estimation work, to
be used as a section of the Water Efficiency Plan.
• Interim or supporting deliverables are expected to include:
o Project management plan
o Background and literature review summary
o List and description of water conservation or demand management scenarios to
be evaluated
o Scenario development and selection documentation memorandum
• (Optional) If the Professional includes engagement efforts described in Task 5, the
Professional would document all engagement efforts and resulting staff and public input
in a detailed report.
All tools and data sets developed as part of the water demand model update will be considered
final deliverables. Furthermore, Utilities anticipates all final data sources, analyses products,
and tools products will require periodic updates; in the future and that Staff and their
collaborators should be able to efficiently make such updates. The Demand Estimate Tool and
all other tools, data sets, and deliverables shall be solely owned by the City.
C. Minimum Qualifications
The City of Fort Collins is seeking a qualified Professional or team the following minimum
qualifications/experience:
• The awarded Professional shall be a firm regularly engaged in conducting water
supply and demand analysis, including climatic impacts to both, and quantitative
modeling for water utilities
• The awarded Professional team shall be led by a Project Manager with at least five
(5) years of applicable project experience including projects requiring similar
methods
• Demonstrated ability to summarize and explain complex technical topics and
analytical results in a clear, accurate report format.
Additional desired experience
The following experience is desired; however, not required:
Experience facilitating engagement with public and/or technical professionals to develop
and select future-state scenarios to use in modeling.
RFP 9720 Water Demand Model Update Page 11 of 34
D. 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: February 3, 2023
• Question deadline: 3:00 PM MT February 23, 2023
• Final Addendum Issued: March 1, 2023
• Proposal due date: 3:00 PM MT (our clock) March 13, 2023
• Interviews (tentative): Week of April 10, 2023
• Award of Contract (tentative): April 2023
E. 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.
F. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Professionals will be required
to provide original receipts to the City for all travel expenses.
G. Subcontractors/Subcontractor
Professionals will be responsible for identifying any subcontractors and/or sub-
Professionals in their proposal. Please note that the City will contract solely with the
awarded Professional; therefore, subcontractors and/or sub-Professionals will be the
responsibility of the Professional.
H. 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.
I. 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.
J. 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).
RFP 9720 Water Demand Model Update Page 12 of 34
K. Work Orders
The awarded Professional(s) will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section VI for reference purposes. In the
event that the City has agreements with multiple Professionals for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Professionals or assign Work Orders directly to a Professional at its sole
discretion. Selection for individual Work Orders may be based on, but not limited to,
availability, approach, prior experience, firm capability, and cost.
For all other projects using the Master Agreement, the initial term will be one year with the
option to extend the agreement for additional one-year periods not to exceed two (2)
additional one-year periods.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order will be considered valid until signed, at a minimum, by the Professional,
project manager and Purchasing Department representative. Depending on the cost and
nature of the Work, additional signature authorization may be required. Any changes to
the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the
City’s Change Order (included in the Agreement) and will not be considered valid until
signed, at a minimum, by the Professional, project manager and Purchasing Department
representative.
L. 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.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifteen (15) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers, resumes and Authorization form). 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.
RFP 9720 Water Demand Model Update Page 13 of 34
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. 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 subcontractors 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 key personnel and subcontractors. Please limit resumes to one
page.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar water demand modeling and/or
analysis projects in the last 5 years that have involved the staff and subcontractors
proposed to work on this project. Include the owner’s name, title of project, contact
name, email, and phone number, subcontractors on the team and a brief description
RFP 9720 Water Demand Model Update Page 14 of 34
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.
D. Project Approach and Scope of Services
Provide details for this first Work Order using the details in Section II.
1. Please prepare a detailed narrative of the services proposed if awarded the contract
per the scope above. State assumptions, if any, identify issues/risks, sequences,
means/methods, materials, equipment etc. The narrative should include any options
that may be beneficial for the City to consider.
2. Include a description regarding how the analysis or work will be performed for each
task, the methods and assumptions used, and the limitations of the analysis or work.
Describe the software and other analysis tools to be used.
3. Provide a Gantt chart schedule for completing tasks. Can the work be completed in
the necessary timeframe, with target start and completion dates met? Is the project
team available to attend meetings as required by the Scope of Work?
4. Describe what resources the Professional would expect Utilities to provide.
5. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
6. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion. Are other qualified personnel
available to assist in meeting the project schedule if required?
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
RFP 9720 Water Demand Model Update Page 15 of 34
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. Costs 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 figure for the Scope of Proposal. Price all additional
services/deliverables separately.
3. Schedule of Rates: Provide a schedule of fully burdened billing rates by category of
employee and job title to be used during the term of the Agreement. These fee
schedules will be firm for at least one (1) year from the date of the Agreement.
Escalation each year may not exceed three percent (3%). The fee schedule will be used
as a basis for determining fees should additional services be necessary. Fee schedules
for subcontractors/subcontractors, if used, shall be included. 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, subject to preapproval. Professional will be required to
provide original receipts to the City for all travel expenses. Markup on equipment,
materials, and subcontractors shall not exceed 7.5%.
4. Provide a total time and materials not to exceed cost for the Scope of Proposal including
Tasks 1 through 5.
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. 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 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.
IV. REVIEW AND ASSESSMENT CRITERIA
RFP 9720 Water Demand Model Update Page 16 of 34
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 5, with 1 being a poor rating, 3 being an average
rating, and 5 being an outstanding rating.
WEIGHTING
FACTOR
CATEGORY STANDARD QUESTIONS
3.0
Scope of Service
and Project
Approach
Does the proposal address all elements of the
RFP?
Does the proposal show an understanding of the
project objectives, methodology to be used and
results/outcomes required by the project? Are
there any exceptions to the specifications,
Scope of Work, or agreement?
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
3.0 Firm Capability and
Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project? Does your firm have the resources and
support capabilities required to successfully
complete this on-time and on-budget? Has the
firm successfully completed previous projects of
this type and scope?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
3.0 Cost and
Work Hours
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the line item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's
estimate? Are the work hours presented
reasonable for the effort required by each
project task or phase?
RFP 9720 Water Demand Model Update Page 17 of 34
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 9720 Water Demand Model Update 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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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as the "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with any
project Work Orders for RFP issued by the City. A blank sample of a work order is attached
hereto as Exhibit A, consisting of one (1) page and is incorporated herein by this reference.
No Work Order shall exceed $ . A general scope of services is attached hereto as
Exhibit C, consisting of ( ) page(s) and is incorporated herein by this reference.
The City reserves the right to independently bid any project rather than issuing a Work Order
to the Professional for the same pursuant to this Agreement. Irrespective of references in
Exhibit A to certain named third parties, the Professional shall be solely responsible for
performance of all duties hereunder. The term “Work” as used in this Agreement shall
include the services and deliverables contained in Exhibit A and any Work Orders issued by
the City.
The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services. Such
changes shall be agreed upon in writing by the parties by Change Order, a sample of
which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein
by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the parties
hereto.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
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changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Professional and mailed no later than thirty (30) days prior to
contract end.
5. Early Termination by City. 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.
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
email address
7. 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 ( ) page(s), attached hereto and incorporated herein.
8. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services
to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee
in the amount of ($ ) plus reimbursable direct costs. All such fees and costs
shall not exceed ($ ), in accordance with Exhibit , consisting of
( ) page(s), attached hereto and incorporated herein. Monthly partial payments based
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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 Project Manager. 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. Compensation. [Option 1] In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
in accordance with Exhibit “ ”, consisting of ( ) page , attached
hereto and incorporated herein, with maximum compensation (for both Professional's time
and reimbursable direct costs) not to exceed ($ ). Monthly partial payments
based upon the Professional's billings and itemized statements of reimbursable direct costs
are permissible. The amounts of all such partial payments shall be based upon the
Professional's City-verified progress in completing the services to be performed pursuant
hereto and upon the City's approval of the Professional's reimbursable direct costs. Final
payment shall be made following acceptance of the Work by the City. Upon final payment,
all designs, plans, reports, specifications, drawings and other services rendered by the
Professional shall become the sole property of the City.
Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. 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.
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 such supporting appropriation has
been made.
11. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
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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.
12. City Representative. The City will designate, prior to commencement of the Work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
13. Project Drawings. Upon request and before final payment, the Professional shall provide
the City with reproducible drawings of the project containing accurate information on the
project as constructed. Drawings shall be of archival quality, prepared on stable mylar base
material using a non-fading process to provide for long storage and high quality
reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established City standard. The Professional
acknowledges the City is a governmental entity subject to the Colorado Open Records Act,
C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may
be considered public records subject to disclosure under the CORA.
14. Monthly Report. The Professional is required to provide a written report of the status of the
Work to the City Representative at the time each invoice is submitted. The report shall
provide a project status update with respect to the Scope of Services, Work Schedule, and
other material information. Failure to provide any required monthly report may, at the option
of the City, suspend the processing of any partial payment request.
15. Independent Contractor. The services to be performed by the Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of the Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
16. Subcontractors/subconsultants. The Professional may not subcontract any of the Work set
forth in the applicable Work Order 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
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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.
The Professional shall require all subcontractors performing Work hereunder to maintain
insurance coverage naming the City as an additional insured under this Agreement of the
type and with the limits specified within Exhibit , consisting of one (1) page attached
hereto and incorporated herein by this reference. The Professional shall maintain a copy of
each subcontract’s certificate evidencing the required insurance. Upon request, the
Professional shall promptly provide the City with a copy of such certificate(s).
17. 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.
18. 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.
19. 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.
20. 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.
21. 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
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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.
22. Law/Severability. The laws of the State of Colorado shall govern the construction,
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.
23. 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.
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,
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
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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 one
(1) page, attached hereto and incorporated herein by this reference.
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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:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City
PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Professional agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) pages are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
PROFESSIONAL: Professional's Name
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference.
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
APPROVED AS TO FORM: Date:
Name,City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Kevin Gertig, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Darin Atteberry, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
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EXHIBIT B
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: Company Name
WORK ORDER NUMBER:
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 Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER 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 ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: Company Name
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT C
GENERAL SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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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/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.
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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 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.
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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
• Application Development Security
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• 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. 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.