HomeMy WebLinkAboutRFP - 9938 Construction Management Services for Oak Street Stormwater Improvements Project
REQUEST FOR PROPOSAL
9938 CONSTRUCTION MANAGEMENT SERVICES FOR OAK STREET
STORMWATER IMPROVEMENTS PROJECT
RFP DUE: 3:00 PM MT (Mountain Time), March 12, 2024
The City of Fort Collins (City) is requesting proposals from a qualified Consultant team
(Professional or Construction Manager (CM)) to assist the City and/or act as an owner’s
representative to provide Construction Management, Construction Inspection, and general project
support services related to the Oak Street Stormwater Improvements Project (OSSP) in Fort Collins,
CO.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city -
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 10:00 AM MT on February 21, 2024. The pre-proposal
meeting will be hosted on -line via Microsoft Teams. Select or copy/paste the below link into your
browser for access to the meeting.
Click here to join the meeting
Meeting ID: 277 358 806 711
Passcode: XWdhzM
All questions should be submitted, at any time prior to the deadline for questions, in writing via
email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com, no later than 3:00 PM MT
on February 23, 2024. Please format your e-mail to include: RFP 9938 Construction Management
Services for Oak Street in the subject line. Questions received after this deadline may not be
answered. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on the Rocky Mountain E -Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city -of -fort -collins.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d -
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadv antaged 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 ori entation, 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
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
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 en tirety. 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.
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
I. BACKGROUND & OBJECTIVE
A. Objective
The City of Fort Collins (City) is requesting proposals from a qualified Consultant team
(Professional or Construction Manager (CM)) to assist the City and/or act as an owner’s
representative to provide Construction Management, Construction Inspection, and general
project support services related to the Oak Street Stormwater Improvements Project
(OSSP) in Fort Collins, CO. The successful CM will address all of the tasks, issues, and
requested information in their proposal, possess the requisite skills, experience and
capacity necessary to produce high quality deliverables on time and on budget, and be
motivated to work with City staff (reporting to the City’s Project Manager), and working
closely with the Design Consultant Team that serves as the Resident Engineer(s) during
construction, the construction Contractor, and impacted community members, to
successfully execute the project goals.
B. Background
The OSSP is a priority stormwater project in the Utility Capital Improvement Plan (CIP)
because it will significantly contribute to resolving the urban flooding and stormwater
quality issues in downtown Fort Collins. The Oak Street project is one of several projec ts
identified as part of the Downtown Stormwater Improvement Program (DSIP). The DSIP
was recently developed (2017-2019) as a basin-wide evaluation of existing stormwater
systems and is the development of a comprehensive strategy to mitigate flood risk and
damages in the Old Town Basin.
The project will provide stormwater infrastructure including a combination of grey and
green infrastructure to reduce flooding impacts along the Oak Street corridor and adjacent
blocks. The OSSP is an extension of the Oak Street Outfall that was previously
constructed in 2001. The OSSP plans have been finalized and are included in this RFP.
In general, the OSSP project will extend west on Oak Street, starting at Mason Street and
ending at Jackson Street (approximately 5,800 linear feet on Oak Street). There will be a
total of over 9,900 linear feet of new stormwater mains installed, ranging in size from 18”
to 78” diameter, which includes several “lateral” extensions from the main on Oak Street,
north to Mountain Avenue or south to Olive Street. Green infrastructure includes water
quality ponds, or “rain gardens” in three locations along the Oak Street corridor to filter
street runoff. It is anticipated that the project will require 2 years to complete.
While primary goals for the project are focused on providing flood mitigation and water
quality treatment of stormwater runoff, there are additional project objectives that include:
1. Replacing aging water and sewer mains to address aging infrastructure needs
2. Coordination with dry utility providers to allow for replacement of their aging
infrastructure
3. Streetscape enhancements at key locations that address multi -modal
transportation needs and safety for the traveling public as well as significant
asphalt and concrete repair or replacement along the working corridor.
4. Protecting, maintaining and enhancing the existing urban forest and canopy
5. Align with Nature in the City program goals of access to nature, high quality natural
spaces and land stewardship
6. Incorporating Art in Public Places
7. Ensuring all improvements are sustainable and maintainable so they may be
enjoyed for many years into the future
Public engagement and outreach efforts have been ongoing since the beginning of the
DSIP work in 2017 to gain support for the project and raise awareness of the flood risks
downtown and the need for the proposed improvements. Since that time, outreach effo rts
have been ongoing and have sought public input on key design concepts. There have
been two design workshops with neighboring businesses and residents, a walking tour,
and door-to -door outreach. There are two websites, an Oak Street project site
fcgov.com/utilities/oak -street-stormwater-improvements-project and a DSIP site
fcgov.com/utilities/downtown-stormwater-improvement -plan/, social media presence and
a dedicated phone number for the project. The project has also been presented to several
boards and commissions including City Council, Water Commission, the Executive
Leadership Team, Chamber of Commerce, Downtown Development A uthority, and the
Arthur Ditch Board.
In addition to external engagement, the Design Consultant Team has coordinated and
sought input from over twenty -five (25) different City departments or groups to ensure their
input and requirements are incorporated into the final set of documents.
C. Project Documents
1. Final Construction Drawings with Addendums
a. Phase 1: Construction Drawings for the Oak Street Stormwater Improvements
Project, Fort Collins, CO, June 30, 2023, with Addendum (revised) sheets
b. Phase 2: Construction Drawings for the Oak Street Stormwater Improvements
Project, Fort Collins, CO, June 30 ,2023, with Addendum (revised) sheets
2. Technical Specifications with Addendums
3. Construction RFP and Bid Schedule – available on BidNet, see 9839 Oak Street
Stormwater Improvements Project.
D. Project Timeline
The Oak Street project design process has been ongoing since late 2020 and the final
design is now complete. The City is currently finalizing the construction contract and it is
anticipated to be fully executed in February 2024. At that time, the contractor will begin
pre-construction activities. It is estimated that the contractor will need approximately 6
months to secure permits, procure materials, hire subcontractors, and become deeply
familiar with the project and the team. Construction mobilization is expected to occur in
July or August of 2024 and the overall construction timeline for this project is expected to
be approximately 2 years in duration.
II. SCOPE OF PROPOSAL
A. Professional Qualifications
In general, the role of the Construction Manager (CM) is an extension of City staff,
providing assistance and expertise in all facets of construction management and oversight
of the project including administrative and site inspection duties. The CM will w ork closely
with the City Project Manager before, during, and after construction to help keep the
project organized, provide quality control, and keep the project on -schedule and within
budget.
The CM will be a member of an external team that represents the City. The team is
currently comprised of the Resident Engineer (RE), Anderson Consulting Engineers, who
is also the prime Civil Engineer on the project, and additional design consultants that
includes the geotechnical engineer, tunneling engineer, structural engineer, surveyor,
landscape architect and irrigation designer. The CM will be expected to collaborate with
the Design Consultant Team and the construction Contractor to successfully execute the
project and to find solutions and reach consensus in the field when issues arise.
While the project is a stormwater utility project, it also impacts and represents work from
several other internal departments within the City, including: Streets, Traffic Operations,
Engineering, Nature in the City, Art in Public Places, Floodplain Admini stration, Parks,
Forestry, FC Moves, Light & Power, Connexion, Utility Field Operations, Historic
Preservation, Environmental Regulatory Affairs, Customer Connections, and several
others. As such, the CM role will participate in ongoing collaboration with other City
departments as part of the successful execution of this project.
The CM role will interact and engage with the public. With the location of the project in
the downtown core and within the historic neighborhoods of Fort Collins, there will be
numerous businesses, visitors to downtown, and hundreds of residents that will be
impacted by the construction activities of this project. The CM may be asked to assis t the
City PM with door-to -door communication and disseminate information in various forms to
business and community members along the project corridor. In addition, t he CM should
anticipate that there will be interactions with the passing public and will need to positively
represent the City and the project at all times.
The CM will be expected to conduct a comprehensive review of the construction plans,
project specifications, reports, site conditions, construction contract and other necessary
project documentation to provide support to the City PM during construction.
Finally, the CM will be expected to be thoroughly experienced in working with construction
contractors, knowledgeable about construction site dynamics, understand common
construction means and methods, and safety protocols. The CM will be called upon to
provide input and problem solving when constructability issues or unknowns arise in the
field.
Personnel qualifications, staffing level, job duties and number and types of vehicles shall
be subject to the approval of the City PM. The CM shall assign personnel for the duration
of the contract unless otherwise approved by the City PM. All personnel will be required
to have the ability to operate a motor vehicle, and each must possess and maintain a valid
State of Colorado driver’s license. All personnel assigned shall be thoroughly familiar with
the contract documents, as well as the Fort Collins Utili ties Development Construction
Standards for Water, Wastewater and Stormwater, and the Larimer County Urban Area
Street Standards (LCUASS).
Table 1 below outlines the City’s expectations of CM qualifications. The level of
qualifications shall be maintained throughout the life of the project as part of this
agreement. If an individual leaves the project team, it is the City’s expectation that the
replacement possesses the desired levels of experience and qualifications that were
originally proposed.
At a minimum, the CM’s response shall include a Professional Engineer licensed in the
State of Colorado who will guide one (1) Construction Manager and one (1) Senior
Construction Inspector. Additional staff may be needed to fulfill the scope of work but s hall
be at the discretion of the proposing firm. If additional staff is needed to meet the needs
of the project, those staff will need to meet the additional role requirements noted in Table
1 below.
Table 1.
Required Role Required Experience
Professional Engineer A minimum of eight (8) years of experience in project
management with at least one (1) year of experience
supervising project staff. The Professional Engineer shall be
licensed in the State of Colorado.
Senior Construction
Manager
A minimum of eight (8) years of experience in construction
management, with at least one (1) year of experience
supervising project staff.
Senior Construction
Inspector
A minimum of eight (8) years of experience in construction
inspection of the same type as the contracted project (i.e.
deep utility construction, tunneling, roadway construction)
Additional Roles
(as needed)
Required Experience
Construction Manager
Or Project Engineer
Working under the Senior Construction Manager, this role
must have a minimum of four (4) years of experience in
assistant project management and/or construction
management.
Construction Inspector Working under the Senior Construction Inspector, must have
a minimum of three (3) years of experience in construction
inspection of the same type as the contracted project (i.e.
deep utility construction, tunneling, roadway construction)
B. Pre-Construction Support Tasks
1. Thoroughly review all plans, specifications, reports, as -built plans, risk register,
construction schedule, construction contract, site conditions and other necessary
project documentation to be fully knowledgeable about the project and be properly
prepared for construction and help with discussion for any issues that arise in the field .
2. Attend a Partnering Session with City, Contractor, and Design Consultant Team. The
required attendees include the Professional Engineer, Senior Construction Manager
and the Senior Construction Inspector.
3. Meetings: CM to work with the City PM to set team meeting agendas; the CM will be
responsible for scheduling and running the regular team meetings, anticipated to occur
on a bi-weekly interval during the preconstruction phase.
4. Pre-construction Documentation of the Right-of -Way: CM to conduct a pre-
construction assessment of the entire right-of -way along the project corridor. Complete
photo and/or video documentation along the project corridor will be required, in the
form of a formal report.
5. Pre-construction Building Assessment: CM to conduct a pre-construction assessment
of various commercial and residential buildings along the project corridor. Due to the
anticipated methods of construction, significant noise and vibration are likely,
therefore, complete photo and written documentation for certain buildings along the
corridor will be required. Included below in Section C. Construction Administration is
the requirement for Vibration Monitoring of certain buildings along the project corridor.
These assessments will be performed prior to and in preparation of the Vibration
Monitoring scope of work.
For the purposes of this proposal, it shall be assumed that the commercial buildings
and residences listed in Table 2 below will require pre -construction assessments that
would include complete exterior and interior inspections with written and picture
documentation.
Table 2.
Building Address
First National Bank (FNBO) 205 W. Oak Street
The Tower 215 W. Oak Street
Masonic Temple 225 W. Oak Street
Key Bank 300 W. Oak Street
Rocky Mountain Building 315 W. Oak Street
Otter Cares Foundation 401 W. Oak Street
United Way of Larimer County 525 W. Oak Street
Residential Structures (~20) From Meldrum to Loomis
C. Construction Administration Tasks
1. Meetings: CM to work with the City PM to set construction meeting agendas; the CM
will be responsible for scheduling and running the regularly scheduled meetings.
Meetings will be conducted with the Contractor and other involved parties to review,
update, and coordinate construction activities. Meetings will occur on a weekly basis
during construction.
2. Meeting Minutes: CM to prepare weekly meeting minutes that document items
discussed, decisions reached, direction given, and actions to be taken.
3. Vibration Monitoring: CM to include or subcontract for vibration monitoring for required
number of structures for the duration of the project. For the purposes of this proposal,
it shall be assumed that the commercial buildings and residences listed in Tab le 2
above will require vibration monitoring for a 6 -month duration that would provide data
for the team to review and analyze as needed.
4. Permitting: CM to maintain a Permit Log that lists all required permits for the project,
terms and conditions of each permit, expiration and/or renewal dates. The Permit Log
should be reviewed as necessary each week at the construction meeting.
5. Submittals: CM to maintain a Submittal Tracking and Review Log for submittals and
resubmittals. This is an organized record all material submittals, shop drawings, and
test procedures provided by the Contractor and shall follow Section 01330 of the
project Technical Specifications. All submittals shall be initially reviewed by the CM for
completeness before distributing to the team for review and approval. Approved
submittals will be returned to the Contractor, as well as a copy retained for use during
the remainder of the project.
6. Material Deliveries: CM to maintain a Material Delivery and Inspection Log. CM to track
material deliveries, verify quantities and gather delivery tickets to use when reviewing
pay applications. Some materials delivered to the site (i.e. concrete structure s) will
require inspection upon delivery. CM to coordinate inspections with RE and
Contractor.
7. Materials Testing: CM to coordinate with third party Materials Testing Consulting firm
to order testing services as needed. Materials Testing must meet the Technical
Specification Section 01450 Materials Testing, generally including soil compaction
testing, and concrete and asphalt testing.
Materials Testing Consultant will be contracted for services through the City. The City
PM and CM will work together to direct, coordinate, supervise, monitor, manage and
administer all materials sampling and testing to ensure that the required sampling,
materials testing and documentation is obtained in a timely manner and maintained in
accordance with Technical Specification Section 01450 Materials Testing. CM to
maintain a Materials Testing Log to keep track of services provided by the Materials
Testing Consultant.
8. Quantity Tracking: Quantities of work elements constructed will be measured and
recorded to support the preparation and processing of progress pay applications to
the Contractor. Quantities will be documented in an interim quantity book for tracking
of quantities constructed as compared to the original design quantities on the project.
Quantities of work will be agreed upon with the Contractor and then reflected in
monthly progress pay estimates. CM to assist the City PM in resolving disputes in
quantities with the Contractor prior to the preparation of their pay application.
9. Surveying: CM to help RE with quality control line and grade surveying, as needed.
10. Schedules: CM to review and monitor Contractor’s look -ahead schedules and
compare these to actual project progress. The schedule should be reviewed each
week at the construction meeting.
11. Costs: CM to track, update and monitor project costs and review with City PM of any
anticipated issues with the budget or pay applications.
12. Requests for Information (RFIs): CM to assist City PM and RE in preparing responses
to Contractor RFIs. CM to maintain an RFI Log.
13. Contract Management: Support City PM with reviews of submitted Change Orders,
Work Change Directives and monthly Pay Applications. To assist City PM with any
contractual conflicts that may arise, by providing review or back up information that
may be needed to help resolve any issues. CM to maintain a log for Change Orders
and Work Change Directives.
14. Daily Logs: CM will work with City PM to establish format for Daily Logs. CM will take
the lead on generating the daily logs and photo documentation. Information and photos
from both the City PM and the Resident Engineer may be included each day.
15. Monthly Progress Reports: CM to prepare monthly progress reports for the City PM
documenting project progress, conformance with Contractor’s schedule, status of
change orders, and potential or ongoing problems.
16. Other Misc Project Documentation: Track and prepare inspector’s progress reports,
assist in preparing punch lists of uncompleted work, non -conformance reports, and
deficiency notices.
17. Public Engagement: City staff will take the lead on generating and providing all
communication materials and engagement events with the public. However, the CM
may need to be responsible for communicating with adjacent property and business
owners, from time to time, to provide current project information, answer questions,
and resolving issues that may arise due to construction.
18. Communication: The CM is expected to be communicating and collaborating with the
City PM, the Design Consultant Team and the Contractor on a daily basis to address
issues, understand daily tasks and to help sufficiently complete all the administrative
duties outlined in this scope of work. The CM may be asked to provide ideas and
solutions to problems out in the field and help ma ke quick decisions as necessary to
keep daily activities moving forward. Changes in the field that require a change in
schedule or cost will be documented with a Work Change Directive created by the CM,
and signed by all parties.
Note that the City will host a Teams/Sharepoint site for all document management aspects
of the project and it will be expected that all required documentation and reports outlined
in this scope will be shared and made available for Design Consultant Team and
Contractor use for the entire duration of the project.
D. Construction Inspection Tasks
Construction inspection will be a primary responsibility of the CM. Depending on specific
project details and the availability of City PM and other staff, the CM may be working in
conjunction with City construction inspectors. The integration of the CM and the City will
include emphasis on partnering and teamwork.
1. Review of construction for conformance with Plans and Specifications: CM to monitor
the Contractor’s construction activities with respect to the contract documents and
schedule governing the performance of the work. CM to promptly notify Contractor and
City PM of noncompliance with the contract plans and specifications. CM to work to
resolve construction problems and/or recommend action for their resolution, as they
relate to changed field conditions or conflicts in the contract documents. CM to
coordinate with the Design Consultant Team during construction for implementation of
revisions to the plans as may be required.
2. Daily Quality Control Inspection: Perform daily quality control inspections of
construction activities to document activities performed and assessment of
conformance with the contract documents. Inspection items may include but are not
limited to dewatering activities, erosion control installations, traffic control installations,
excavation, shoring installation, bedding, installation of utility pipelines, structure
installation, backfill, and compaction operations , concrete placement, paving, and
landscaping.
3. Review of Contractor’s approved Method of Handling Traffic (MHTs): During
construction, monitor the Contractor’s MHT for implementation of traffic signing,
barriers, and other traffic control measures in accordance with the approved plans.
4. Safety: Monitoring compliance with and taking appropriate action to preserve safety
on the project for all workers and the traveling public in accordance with MHT and the
Manual of Uniform Traffic Control Devices (MUTCD).
E. Post Construction Support Tasks
1. Completion, Inspection and Punch List: CM to set up and assist the City PM in
conducting a final inspection with the Contractor and other City maintenance
representative(s) upon Substantial C ompletion for the Contractor. After the inspection,
the CM will prepare a punch list of remaining and/or outstanding work to be performed
by the Contractor prior to Final Acceptance & Completion . It should be anticipated that
walk-through inspection and punch list will need to be provided as segments of the
project are completed. This task should assume up to eight (8) times as the project
progresses.
2. Completion Inspection and Close -Out: Following the completion of all punch list items
by the Contractor, CM to assist the City PM in conducting final inspections with
representatives from the Contractor and City, to confirm the completion of all work.
The result of these inspections will constitute Final Acceptance & Completion.
3. As-Constructed Drawings: Assist the RE with preparation of final “As -Constructed”
drawings by maintaining accurate notes, details, or redlines during the course of
construction.
4. Preparation of Final Pay Estimate: CM to determine final quantities with appropriate
supporting documentation for review of final pay application .
5. Attend Lessons Learned meeting with Contractor and other team members.
F. Deliverables
The CM shall provide support in the formation and review of project documentation. All
documents prepared by the CM shall be prepared on behalf of the City of Fort Collins. No
documents, reports, information, etc. may be released to the public or provided to any
party other than the City of Fort Collins and its Contractor without written approval of the
City of Fort Collins.
The CM shall provide status reports, progress reports, and other deliverables as required
in a format proposed by the CM and agreed to by the City PM. The CM shall also provide
and maintain electronic and paper filing documentation for all reports and deliverables
using the City of Fort Collins documentation procedures on a schedule determined by the
City PM.
The following list does not constitute a complete list of deliverables that may be required
during the performance of the CM duties. Recurring deliverables are subject to change
and are dependent on project-specific details. The CM and City PM shall set the list of
deliverables and their recurrences prior to execution of the Contract. The City PM may
change the list of deliverables and their recurrences as deemed necessary.
1. Weekly Meeting Agendas and Minutes
2. Preconstruction Assessment Report
3. Vibration Monitoring Reports, as needed
4. Permit Log
5. Submittal Tracking and Review Log
6. RFI Log
7. Materials Testing Log
8. Material Delivery and Inspection Log
9. Change Order and/or Work Change Directives Log
10. Daily Logs
11. Daily Inspection reports
12. Monthly Progress Reports
13. Monthly Pay Application review reports that compare quantities tracked in the field to
quantities included in the pay application.
14. Punch Lists, Substantial Completion and Final Acceptance forms
III. GENERAL INFORMATION
A. Anticipated Schedule
The following represents the City’s target schedule for the RFP and project. The City
reserves the right to amend the target schedule at any time.
Milestone Date
RFP Issuance February 9, 2024
Pre-Proposal Meeting February 21, 2024
Deadline for Questions February 23, 2024
Addendum Issued February 27, 2024
Proposals Due March 12, 2024
Interviews (tentative) Week of April 1, 2024
Notice of Award Week of April 8, 2024
Finalize Agreement (tentative) By April 29, 2024
Contractor and CM Kick-Off Meeting Early May 2024
Pre-Construction Tasks May – July 2024
Construction Start (tentative) July 2024
B. Interviews
In addition to submitting a written proposal, the top -rated Professionals may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
C. Award
The initial term of the Agreement will be for one (1) year and may be extended for
additional one (1) year periods not to exceed two (2) additional one year periods .
Renewals and pricing changes for subsequent extensions shall only be considered by the
City at the time of such Agreement renewal. The Professional shall propose any such
changes in price at least forty-five (45) days prior to Agreement expiration. Fees f or Master
Plan are to be a Not to Exceed (NTE) price and not subject to annual escalation. Written
notice of renewal shall be provided to the Professiona l and emailed no later than thirty
(30) days prior to the Agreement expiration date.
D. Pricing
Overhead, profit, insurance, general & administrative expenses, shall be included in the
unit prices.
E. 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. Service Provider/Consultant will
be required to provide original receipts to the City for all travel expenses.
F. 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.
G. 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”).
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. All Work shall be performed in accordance with
applicable ANSI, OSHA, or AWWA standards.
The City’s Development Construction Standards for Water, Wastewater and Stormwater,
and Larimer County Urban Area Street Standards shall be followed for all projects. The
standards can be accessed via the following links:
https://www.fcgov.com/utilities/business/builders -and-developers/development-forms-
guidelines-regulations
https://www.larimer.gov/engineering/standards -and -guides/urban-area -street-standards
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). In performing the Services required hereunder, the Professional agree s to
meet all the requirements of the Americans with Disabilities Act of 1990, and all
applicable rules and regulations (the 'ADA'), which are imposed directly on the
Professional or which would be imposed on the City as a public entity. The Professional
agrees to be responsible for knowing all applicable requirements of the ADA and to
defend, indemnify and hold harmless the City, its officials, agents and employees from
and against any and all claims, actions, suits or proceedings of any kind brought again st
said parties as a result of any acts or omissions of the Professional or its agents in
violation of the ADA.
K. 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, 3 rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the 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.
IV. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty-five (25 ) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Authorization form). 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. Project Approach & Schedule
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 execution.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Professional.
7. What is the approach to the daily and/or weekly commitment required by the
Professional to accomplish the required tasks and to effectively contribute to the
success of the project. Does the ongoing commitment match the Professionals
ongoing availability?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Is the project team available to attend meetings as required by the Scope of Work?
D. Firm Capability and Experience
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. An Organization Chart/Proposed Project Team: An organization chart containing the
names of all key personnel and subconsultants /subcontractors with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Resumes for each person to be assigned to the project, including partners,
subconsultants, and subcontractors . Please limit resumes to one page of relevant
information. The résumés shall include at least three individual references from
previous assignments.
3. An overview of the services offered and a list of qualifications for your firm and
qualifications and experience of the specific staff members, including subcontractors,
proposed to perform the Scope of Work. Detail your firms experience with Construction
Management. List recent work with municipalities or other regulatory agencies like the
City of Fort Collins, railroad companies, or ditch companies.
4. Project Examples: Provide a minimum of three (3) similar projects with public
agencies, completed in the last five (5) years that have involved the staff that is
proposed for this project. If Professional has worked for the City of Fort Collins, please
limit project example information to a single City project and provide three examples
beyond that.
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. Details for each project example should highlight project
complexities, risks, innovations and unique qualifications of the CM’s team.
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. Preconstruction Assessments and Vibration Monitoring Examples: Provide a minimum
of two (2) example projects completed in the last five (5) years by the Professional or
a their subconsultant that demonstrates experience in conducting preconstruction
assessments and vibration monitoring for construction projects. This proposal should
include a description of any prior experience in performing preconstruction
assessments and vibration monitoring and provide any further recommendations on
what should be included in this scope of work based on prior experience and
knowledge.
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. Details for each project example should highlight project
complexities, risks, innovations and unique qualifications of the CM team.
The CM 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.
6. Provide any information that distinguishes Professional from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Professional’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sust ainable 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, stakehol der 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 withi n 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 all tasks listed below. Hours
are to be provided for each job title and include employee name. There are many tasks
that require daily and/or ongoing support, while other tasks are specific to the phase
of work and not ongoing (i.e. Preconstruction Assessments). Estimated hours should
be provided in the form of a schedule or chart, so that the estimated weekly
commitment from each person is shown. CM firm should anticipate regular
involvement and the City has provided minimum estimates for the number of hours for
the Construction Administration and Construction Inspection below . However,
appropriate level of staffing may need to be increased at times depending on what is
needed for the project from day-to -day.
a. Preconstruction Support Tasks
b. Construction Administration Tasks (estimated minimum is 4 hours/day)
c. Construction Inspection Tasks (estimated minimum is 4 hours/day)
d. Post Construction Support Tasks
2. Costs by Task: Provide costs for all daily and/or ongoing tasks listed below, assuming
a 2-year duration for the project. Provide costs for each job title and include employee
name. Costs should be based on the specific tasks and deliverables outlined in t his
RFP and should include separately any additional scope recommended by your firm.
a. Preconstruction Support Tasks
b. Construction Administration Tasks
c. Construction Inspection Tasks
d. Post Construction Support Tasks
e. Provide costs separately for:
i. Preconstruction Building Assessments and
ii. Vibration Monitoring Tasks
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. The rate schedules will be firm
for the duration of the Agreement. The fee schedule will be used as a basis for
determining fees if additional services, not included in the Scope of Work or Contract
Documents, are necessary. Include a per meeting rate in the event additional meetings
are needed. Fee schedules for subconsultants/subcontractors, if used, shall be
included.
4. All direct costs with the exception of travel are to be included in the hourly labor rates.
Travel expenses may be reimbursable per the current rates found at www.gsa.gov.
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.
V. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Consultants 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 Consultants may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements ,
a rating of 5 means the category fulfills the minimum requirements , and 10 exceeds
minimum requirements in that category.
Evaluation of Cost & Work Hours Category will consider the following:
1. Appropriate hour allocation for all skill levels.
2. Reasonable and appropriate effort for all tasks.
3. Transparent and competitive rates
4. Total cost
5. If applicable, added value for additional scope items proposed.
WEIGHTING FACTOR CATEGORY
20% Project Approach & Schedule
45% Firm Capability & Experience
5% Sustainability/TBL Methodology
30% Cost & Work Hours
VI. ACKNOWLEDGEMENT
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 9938 Construction Management Services for Oak Street
and sample Agreement except as otherwise noted. Additionally, Professional hereby makes
the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Professional’s knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Professional hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , a(n) (ENTER STATE) corporation, 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 the
scope of services attached hereto as Exhibit A, consisting of ( ) page (s), and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, the Professional shall be solely responsible for performance of all duties
hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit B,
consisting of ( ) page(s), and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties only at the time of renewal. Written
notice of renewal shall be provided to the Professional and mailed no later than thirty (30)
days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Professional. Such notice shall be delivered at least ten (10) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
In the event of early termination by the City, the Professional shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Professional shall submit a final invoice
within ten (10) days of the effective date of termination. Undisputed invoices shall be paid
Net 30 days of the date of the invoice. Such payment shall be the Professional's sole right
and remedy for such termination.
5. 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
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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
6. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to
designs, plans, reports, specifications, and drawings and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
The Professional shall indemnify, save and hold harmless the City, its officers and
employees in accordance with Colorado law, from all damages whatsoever claimed by third
parties against the City; and for the City's costs and reasonable attorney’s fees, arising
directly or indirectly out of the Professional's negligent performance of any of the services
furnished under this Agreement. The Professional shall maintain insurance in accordance
with Exhibit , consisting of ( ) page(s), attached hereto and incorporated
herein.
7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services
to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed
fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs
shall not exceed ($ ) in accordance with Exhibit , consisting of
( ) page(s), attached hereto and incorporated herein. Monthly partial payments based
upon the Professional's billings and itemized statements are permissible. The amounts of
all such partial payments shall be based upon the Professional's City-verified progress in
completing the services to be performed pursuant hereto and upon the City's approval of
the Professional's actual reimbursable expenses. Final payment shall be made following
acceptance of the Work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the
sole property of the City.
Invoices shall be emailed to invoices@fcgov.com with a copy to the 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.
8. Compensation. [Option 1] In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost
basis in accordance with Exhibit , consisting of ( ) page (s), attached
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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.
9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
10. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
blueprints, data files, calculations, studies, analysis, renderings, models and other Work
Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding to
the project, provided that the City substantially performs its obligations unde r 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 responsib le for the design to the extent the
City deviates from the Instruments of Service. This license shall survive termination of the
Agreement by default or otherwise.
11. City Representative. The City will designate, prior to commencement of work, its project
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.
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12. Project Drawings . Upon request and before final payment, the Professional shall provide
the City with reproducible drawings of the project containing accurate information on the
project as constructed. Drawings shall be of archival quality, prepared on stable mylar base
material using a non-fading process to provide for long storage and high quality
reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and
AutoCAD version no older 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.
13. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement
and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work 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.
14. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for
the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
15. Subcontractors/subconsultants. The Professional may not subcontract any of the Work set
forth in the Exhibit A, Statement of Work without the prior written consent of the city, which
shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the
subcontractor/subconsultant must be a reputable, qualified firm with an established record
of successful performance in its respective trade performing identical o r 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 subcontractor/subconsultants performing Work hereunder
to maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit C, consisting of
( ) page(s) attached hereto and incorporated herein by this reference. The
Professional shall maintain a copy of each subcontract’s certificate evidencing the required
insurance. Upon request, the Professional shall promptly provide the City with a copy of
such certificate(s).
16. Personal Services. It is understood that the City enters into the Agreement based on the
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special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
17. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the Work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
18. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default.
19. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail themselves of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
20. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute . This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this
Agreement affirms that they have the necessary authority to sign on behalf of their
respective party and to bind such party to t he terms of this Agreement.
21. 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.
22. Utilization by Other Agencies. Optional The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts
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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. Nothing herein shall be deemed to
authorize or empower the Agency to act as an agent for the City of Fort Collins 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 responsibilit y 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 between them 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 work to be completed for the City.
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 ori entation, 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 pr ohibits 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 subcontractor/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
to CORA.
26. 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,
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or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandem ics,
incendiarism, interference by civil or military authorities, compliance with regulations or
orders of military authorities, and acts of war (declared or undeclared), provided such cause
could not have been reasonably foreseen and guarded against by th e defaulting
Party. Force majeure shall not include increases in labor, commodity, utility, material,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Consultant must provide written
notice to the City of such condition within ten (10) days from the onset of such condition.
27. 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
( ) page(s), attached hereto and incorporated herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
Official Purchasing Document
Last updated 1/2023
EXHIBIT A
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 moni es 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 d irectly
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 singl e 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 betw een
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 equipme nt 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 electroni c 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 confid entiality
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 b y 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 abid e 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 o f 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 fo r 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 disc lose 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 ta ke 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 saf eguards 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
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• 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 store d. 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 rema in 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.