HomeMy WebLinkAboutRFP - 9971 Design of Septage Receiving Station at Drake Water Reclamation FacilityRFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
REQUEST FOR PROPOSAL
9971 Design of Septage Receiving Station at the Drake Water Reclamation Facility
RFP DUE: 3:00 PM MT (Mountain Time), May 1, 2024
The City of Fort Collins (City) is requesting proposals from qualified Consultants to provide
engineering services for the design, location analysis, and business plan, and procurement
support of a new Septage Receiving Station at the Drake Water Reclamation Facility (DWRF),
part of the City’s Water Reclamation and Biosolids Facilities (WRB).
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 MANDATORY pre-proposal meeting will be held at 1:00 PM MT on April 10, 2024, at the
Drake Water Reclamation Facility located at 3036 Environmental Dr., Fort Collins CO,
80525. As a mandatory pre-proposal meeting only firms in attendance will be eligible to
submit a proposal. Prospective Bidders are invited to present their questions relative to this
proposal at this meeting.
All questions should be submitted, at any time prior to the deadline for questions, in
writing via email, to JD McCune, Senior Buyer JD McCune, Senior Buyer at
jmccune@fcgov.com no later than 3:00 PM MT on April 19, 2024. Please format your e-mail
to include: RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
in the subject line. Questions received after this deadline may not be answered. Responses to all
questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
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
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 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Consultants 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 Consultants and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Consultant Registration: The City requires new Consultants receiving awards from the City to
submit IRS form W-9 and requires all Consultants 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
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
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 Consultant 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 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
I. OBJECTIVE & BACKGROUND
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Consultants to
provide engineering services for the evaluation of location, design, procurement support,
construction support, and business plan of a new septage receiving station at its Drake
Water Reclamation Facility (DWRF), part of the City’s Water Reclamation and Biosolids
Facilities (WRB).
B. Background
Drake Water Reclamation Facility
The City of Fort Collins WRB’s wastewater treatment system includes two treatment plants,
one at the end of Drake Road, the Drake Water Reclamation Facility (DWRF, aka Drake),
along the bank of the Poudre River which discharges into the Fossil Creek Reservoir Inlet
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
Ditch (FCRID). The other plant is on Mulberry Street, the Mulberry Water Reclamation
Facility (MWRF, aka Mulberry), also on the right bank of the Poudre River, though
discharges directly into the Poudre River just west of Lemay Avenue. Drake serves as the
primary facility: the only one with septage receiving and solids handling.
All hauled septage goes to DWRF. Haulers apply to dump at Drake and, if approved, are
added to a list of haulers that are allowed to use the program. When they arrive at either the
north or south gate, haulers use a badge provided by the City to open the gate. They drive
through the plant to the preliminary treatment building. Haulers enter a PIN that opens the
bay door and back in (or drive straight in) to the allowed area. Haulers must fill out a
manifest to document waste volume discharged to the facility: the program currently relies
on “the honor system”. Only domestic waste is allowed to be discharged. However, this does
include portable toilets, septic tanks, and waste from land management (vault toilets in the
backcountry). The nature of this waste is variable. There are no current means to measure
what or how much waste is disposed at DWRF.
The current system has no quick-connect, so any waste is directly dumped over a ¾” bar
screen at the end of a sloped floor. Tools and a high-pressure hose are supplied to clean
any waste left in the septage area. With this open-system, the hydrogen sulfide sensor
alarm is triggered frequently. The sensor threshold level is 10 parts per million (ppm) and will
read up to 100 ppm. The hydrogen sulfide alarm is triggered every month of the year and
has a recorded duration of 50 minutes. The extended alarm duration likely indicates
exceedance of the upper sensor detection limit of 100ppm. The program is growing with a
25% increase in reported discharge volume in gallons since 2020. In 2023, hauled waste
accounted for over 4.2 million gallons of waste treated at DWRF.
This project intends to address several of the issues outlined above including:
New location for the septage receiving station that will resolve some of the
hydrogen sulfide issues as well as potential safety concerns with haulers entering
two gates and driving through most of the facility.
Business plan outlining a fair and equitable rate for the current market.
Design of a new septage receiving station with the requirements outlined in this
RFP.
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RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
II. SCOPE OF PROPOSAL
A. Project Scope Overview
The project elements of the septage receiving station to be designed are preliminarily
provided and outlined below for the Consultant, including, though may not be limited to:
1. Alternatives analysis for three alternatives for the station location.
a. The station must stay within the secure fence line of DWRF.
b. Must connect to the preliminary treatment.
c. Ample space for haulers access and maneuverability of large trucks with
limited turning radius to easily follow transportation guidelines from the
City.
d. Location must address security concerns: limit hauler access to only parts
of the facility necessary, etc.
2. Business plan for a fair and equitable rate to charge haulers.
a. Ample justification based on research of other similar programs.
b. Operations and Maintenance as well as Capital investments should be
considered in the plan.
3. Design of a new septage receiving station in the location identified in the Alternatives
Analysis.
a. Design should include:
1. A quick-connect system that sends hauled waste to the preliminary
treatment building.
2. Odor control for new station.
3. Sloped floor with screens to keep out large rocks, cloth, and other
trash.
4. Accurate and/or equitable method to determine how much discharge
colume is brought in by each hauled load. Assess full loads vs. flow
meters with pros and cons.
5. Accurate method to determine a baseline characteristics in the waste
(pH, conductivity, etc.).
6. Cleaning supplies including a high-pressure hose and storage for
shovels, etc.
7. An evaluation of the necessity for a facility with a toilet and sink for
haulers to use at the location of the new station.
8. Evaluation of screening waste facilities. If they are needed, an
analysis on the location for trash facilities for any excess waste.
b. 30% Deliverable
1. Class III cost estimate
2. Contract documents
c. 60% Deliverable
1. Class II cost estimate
2. Contract documents
3. Page flip workshop
d. 90% Deliverable
1. Class I cost estimate
2. Contract documents
3. Page flip workshop
e. Final for Bid Set
1. Contract documents
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
B. Scope of Work
The scope of this project is to provide engineering services for the evaluation of location,
design, procurement support, and business plan of a new septage receiving station at its
Drake Water Reclamation Facility (DWRF), part of the City’s Water Reclamation and
Biosolids Facilities (WRB).
1. Scope of Work
Consultant may include additional or modified tasks not noted below which they deem
necessary for the successful completion of the design and procurement. Engineering
support during construction should be included as an alternate bid item.
Task 1 – Project Management and Administration
Subtask 1.1: General Project Management
Time for this task is allocated to the Consultant’s Project Manager to oversee and
administer the project and may include the following activities.
1. Kickoff meeting
2. Project meetings
3. Drawing/Plan Set Standards meeting, including datum standards (i.e.,
Ground Master, State Plane, etc.), P&ID
4. Project / schedule review meetings (30%, 60%, and 90%)
5. Coordination calls with pertinent stakeholders (Consultant to develop this list
and contact information) including Consultant team lead and City Project
Manager (PM).
Deliverables:
2. Consultant to provide meeting agendas and notes/minutes
Subtask 1.2: Project Controls and Reporting
Prepare monthly invoices and submit to the Owner in an approved format. Invoices
shall be broken down by task, Prime Consultant, and subconsultants and include the
following:
1. Total contract amount
2. Detailed charges for the current invoice period, by position and hourly rate
3. Outstanding balance
4. Percent Billed
5. Current amount remaining
6. Total amount due
7. Items as required by Contract
The Consultant shall be responsible for the management of the Consultant Team
(including subconsultants) overall project controls, actively coordinating with the PM
to manage the following:
1. Project costs
2. Project schedule
3. Document control including PDF versions of all deliverables, AutoCAD, Word,
and PDF files of final for bid documents. PDF versions of any notes from
meetings and workshops.
Monthly project status reports shall be prepared and submitted to the Owner, along
with the monthly invoices. The reports shall include the following:
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
1. A summary of services completed since the previous report, based on the
work order/contract tasks and subtasks
2. The current project schedule and budget status
3. Project issues and potential change logs
4. Milestones and/or deliverables scheduled in the coming month
5. Other material information per contract
All documents shall be provided electronically and compatible with:
1. Microsoft Office (Word, Excel, Power Point, Etc.)
2. Adobe Acrobat (pdf Files)
3. AutoCAD (Version 2017)
4. ArcGIS Pro (Version 2.9)
Deliverables:
1. Monthly invoices
2. Monthly project status reports
3. Project schedule tracking
Task 2 – Permitting
Subtask 2.1: Permitting
Develop a detailed Permitting Summary that will be incorporated into the Basis of
Design
Memorandum to include the following:
1. Identification of the federal, state, county and city regulatory requirements
including 1041 as well as the responsible party (e.g., Consultant or
Construction Contractor) for obtaining the permits.
2. Complete applications for applicable permits.
3. Establish a tracking system to monitor the progress and status of each permit
and associated fees.
4. Establish a schedule for obtaining applicable permits including any lead
times.
The information documented in the Permitting Summary will be integrated into the
design and construction processes, as appropriate.
Deliverables:
1. Permitting Summary
2. Associated completed permit applications
Task 3 – Alternatives Analysis for Location of New Station
Evaluate where the new station should be located, or if the existing infrastructure
should be altered for safer operations, including indoor or outdoor facilities. The
following need to be considered:
1. Security for both the haulers and plant staff.
2. The new station must be within the fence line.
3. Potential locations for odor control.
4. The type of system to be utilized and any space constraints.
5. Large truck turn-arounds.
6. Tools and equipment storage.
7. Evaluate connection points to the existing preliminary treatment system and
infrastructure compatibility.
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
8. Trash receptacles.
9. A small facility with a toilet and sink.
Deliverables
1. Memo describing the preferred location and the why that location is preferred.
Include any necessary survey information, as-builts, drawings, equipment
and decisions on pre-procurement and data collected.
Task 4 – Baseline Data
Review existing documents and data to develop base line information to facilitate the
design and construction phases.
1. Site inspection and investigation of existing system in support of design.
2. Any pipe investigation for a tie-in.
3. Site mapping and measurement.
4. Survey/GPS of chosen location.
5. Geotechnical investigation for the selected site.
Deliverables:
1. Condition assessment and site investigation technical memorandum (TM).
Task 5 – 30% Design
The 30% Design finalizes the scope for the project. This includes the design effort
necessary to determine the scope and involves all the design disciplines on the
project.
The design will be summarized in a Basis of Design Memorandum that covers all
major design criteria, including the development of a risk register, regulatory
standards, permits, materials, and design methodology, as well as a workshop
meeting with the City to gain consensus on the design.
This task also includes the design and specifications for procurement as well as
evaluation of equipment, review equipment proposals and manufacturer(s), and
provides specification assistance in the procurement process with the vendor and
City Purchasing in procuring the any necessary equipment.
Develop project Opinion of Probable Construction Cost incorporating the 30% design
documents as outlined in the American Association of Cost Engineers (AACE) Class
3 cost estimate.
Deliverables:
1. Basis of Design Memorandum.
2. 30% Design Workshop.
3. Risk Register items that require mitigation.
4. Design documents, including specifications for the procurement (ITB
package) of any necessary equipment.
5. Develop list of viable equipment manufacturer vendors and assist in selection
of same, if necessary.
6. Provide assistance and support of the procurement process with the selected
equipment manufacturer and City Purchasing in procuring the necessary
equipment.
7. 30% Design Drawings in electronic PDF format and electronic AutoCAD files.
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
8. 30% design level draft of project specific Division 1 specifications in electronic
Word format using the CSI Master Format.
9. 30% design Opinion of Probable Construction Cost.
Task 5 – 60% Design
Provide written comment resolution response to all comments received on the 30%
design submittal a minimum of 2 weeks prior to submitting the 60% design package,
and schedule meeting with City and stakeholders to discuss the review comments
and how they will be incorporated into the 60% design. Consultant to prepare front-
end documents and update project Opinion of Probable Construction Cost to
incorporate in the 60% design documents.
Deliverables:
1. Revised Basis of Design Memorandum
2. Risk Register items that require mitigation.
3. 60% Design Drawings in electronic PDF format and electronic AutoCAD files
4. Comment Resolution Responses to all comments received from the 30%
design drawings
5. 60% specification package in electronic Word format
6. 60% design Opinion of Probable Construction Cost
Task 6 – 90% Design
Provide written comment resolution response to all comments received on the 60%
design submittal a minimum of 2 weeks prior to submitting the 90% design package,
and schedule meeting with City and stakeholders to discuss the review comments
and how they will be incorporated into the design.
Prepare Final Design Report which will document all calculations and design
assumptions and include:
1. Design standards and codes to be used in each design discipline.
2. Any other relevant information that will impact the design.
Deliverables:
1. Final Design Report.
2. Updated Risk Register.
3. 90% Design Drawings in electronic PDF format and electronic AutoCAD files.
4. Comment Resolution Responses to all comments received from the 60%
design drawings.
5. 90% Design Workshop.
6. 90% specification package in electronic Word format.
7. 90% design Opinion of Probable Cost using Class 1 cost estimating based on
AACE.
Task 7 – Final for Bid (FFB)
Provide written comment resolution response to all comments received on the 90%
design submittal a minimum of 2 weeks prior to submitting the FFB design package,
and schedule meeting with City and stakeholders to discuss the review comments
and how they will be incorporated into the design. Final construction specifications
development will be a collaborative effort between Consultant and City. All
engineering shall be overseen, signed, and sealed by a Professional Engineer
registered in Colorado.
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
Deliverables:
1. FFB Design Drawings in electronic PDF format and electronic AutoCAD files.
2. FFB specification package in electronic Word format including technical
specifications.
3. Bid Schedule in Excel format.
4. FFB Opinion of Probable Construction Cost.
5. One full-size hard copy of Drawings with Professional PE stamp and
signature.
Task 8 – Bid Support
Attend construction pre-bid meeting(s), support City in preparation of addenda,
review material and equipment proposals to ensure specifications are met and
prepare conformed drawings to include any addenda.
Deliverables:
1. Any Addenda Drawings in PDF format.
2. Addenda Specifications in Word format.
Task 9 – Training
The Consultant will provide the following items to prepare operators to take liability
and correctly and efficiently operate the new system. Training should be performed
by the Consultant and/or the vendor to ensure design intent and any findings during
design are relayed to the operators.
1. Training matrix including type of training, delivery method (video, in person),
and any notes about training content for any new equipment including:
a. Programming and logic.
b. Electrical connections.
c. Standard operating procedures.
d. Safety requirements.
e. Routine maintenance and replacement.
2. Consultant will ensure any training required for pre-procured equipment is
included in any specifications prior to procurement.
3. All trainings will be video recorded.
Task 10 – Business Plan
Currently, the program charges $0.09/gallon. This number came from an evaluation
in 2018 to cover the cost of operations and maintenance for the program. Since
then, there has been a dramatic increase in these costs as well as a shift in the
market with many programs shutting down. The City would like the following in a
memorandum:
1. Evaluation of the current market.
2. Equitable cost recommendation to cover the cost of operations as well as capital
investments in the future.
3. A process for future evaluations to ensure an equitable cost.
4. How haulers should be charged (by the load, or by the gallon).
Deliverables
1. A memorandum describing the above-mentioned business plan.
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
Alternate Bid Item – Construction Support Services
Consultant to provide onsite construction and resident engineering support services
including submittal review and log to track submittals. Resident engineering services
during installation and construction includes, but is not limited to, inspection and
monitoring construction and contractor progress and adherence to plans and
specifications, schedule and attend construction meetings, track construction
schedule, track construction quantities, review contractor pay requests, prepare
meeting minutes and notes, development and coordination of redlines and final
record, as-built, drawings, participation in start-up and commissioning (including ICE
and electrical check-out), as well as final check-out and punch list items and
warranty inspections, and other resident engineering duties as assigned.
Consultant is to provide a detailed estimate for Construction Support Services in the
RFP response. Construction Support Services will not be included in the initial
contract but will be added via amendment closer to the end of design when complete
information about the services needed will be known. The estimate will be a starting
point for the negotiation of the amendment.
Deliverables:
1. Submittal reviews and log tracking including RFIs, shop drawings -
submittals, etc.
2. Construction meetings and scheduling, 3-week look ahead development, host
construction meetings and take notes, maintain and submit construction daily
logs and reports.
3. Maintain and track construction schedule including construction quantity
tracking and pay request review.
4. Redlines coordination with contractor.
5. Signed and stamped Record – As-built Drawings in PDF format.
C. Milestones
Tentative Milestone timeline for design, permitting, and construction (plan set and
specifications) are preliminarily outlined as follows. Consultant is to provide a more
detailed, realistic schedule with milestones and critical timelines. Anticipated dates for
contracting as a response to this RFP can be found Section F: Anticipated Schedule.
Alternatives Analysis by June 2024
Final design and bid documents complete by May 2025.
Construction start date by October 1, 2025.
Substantial completion by May 15, 2026.
Final completion by August 2026.
D. Minimum Qualifications
1. Professional Engineer registered in Colorado
2. Minimum of One (1) similar projects with public agencies or five (5) years of
experience
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
E. Preferred Qualifications & Experience
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Have experience with innovative engineering solutions pertinent to the design and
installation of a septage receiving solids removal system, or equivalent.
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RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
III. GENERAL INFORMATION
A. Anticipated RFP Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
RFP issuance: April 1, 2024
Pre-Proposal Meeting: 1:00 PM MT on April 10, 2024
Question deadline: 3:00 PM MT on April 19, 2024
Final Addendum Issued: April 24, 2024
Proposal due date: 3:00 PM MT on May 1, 2024
Interviews (tentative): Week of May 13th
B. Interviews
In addition to submitting a written proposal, the top-rated Consultants may be interviewed
by the RFP assessment team and asked to participate in an oral presentation to provide
an overview of the company, approach to the project and to address questions. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section V.
C. Travel & Expenses
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.
D. Subcontractors/Subconsultants
Consultant will be responsible for identifying any subcontractors and/or subconsultants in
their proposal. Please note that the City will contract solely with the awarded Consultant;
therefore, subcontractors and/or subconsultants will be the responsibility of the
Consultant.
E. Financial Qualifications
Consultants selected as finalists may be required to submit a banking reference and the
most recent financial statement (audited preferred) including balance sheet and income
statement, as well as a statement of cash flows (the “Financial Information”).
F. Current Standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
G. Fees, Licenses, Permits
The successful Consultant shall be responsible for obtaining any necessary licenses, fees
or permits without additional expense to the City. All vehicles and equipment shall be
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
H. Laws and Regulations
The Consultant 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).
I. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Consultant each month
following the submittal of a correct invoice by the Consultant 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
Consultant and the City will negotiate an appropriate unit price for the service prior to the
Consultant initiating such work.
The City pays invoices on Net 30 terms.
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RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
IV. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of forty (40) 8 ½” x 11” pages
(excluding cover pages, table of contents, dividers and Authorization form, but including
resumes and references). Font shall be a minimum of 10 Arial and margins are limited to
no less than 0.5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count
as a single page and may be used for detailed pricing and detailed schedules. Links to
other files or websites shall not be permitted. Proposals are expected to demonstrate the
firm’s qualifications, experience, time and materials, and no conceptual design is
necessary. Proposals that do not conform to these requirements may be rejected.
Consultants 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
Consultants propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may
be deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested the
Consultants 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. Consultant Information
1. Describe the Consultant’s business and background to include an overview of
services offered and qualifications.
2. Number of years in the business
3. Details about ownership
4. Size of the firm
5. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
6. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per
the scope above. The narrative should include any options that may be beneficial
for the City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
3. Briefly describe the approach to execute the scope of work including the methods
and assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Consultant.
7. Can the work be completed in the necessary timeframe or earlier, with target start
and completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Is the project team and pertinent noted Consultant’s team members available to
consistently attend meetings as required by the Scope of Work?
10. Provide an outline of the schedule for completing tasks, with Tasks and subtasks
as milestones. Identify additional tasks if it is recommended they be included.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall also be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to
the project, including partners, subconsultants, and subcontractors. Resumes
shall be limited to one (1) page each. The résumés shall include at least three
individual references from previous assignments.
3. References. Provide a minimum of one (1) similar projects with public agencies
or five (5) years of experience that have involved the staff and
subcontractors/subconsultants proposed to work on this project. 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. If Consultant has worked for the City of Fort Collins,
provide three references beyond the City reference. The Consultant 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.
4. What is your firm’s experience with innovative engineering solutions pertinent to
the design and installation of a septage receiving station, or equivilant.
5. Provide any information that distinguishes Consultant from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Consultant’s proposal.
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
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 Consultant.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water
quality and watershed protection, regulatory performance, management
systems, air quality, renewable energy, sustainable building and design,
construction materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an
emphasis on strategic financial planning, job creation, business
development, asset management, various project delivery methods,
value engineering, regional partnerships, transparency, stakeholder
engagement, strategic investments, aging infrastructure, repurposing of
existing facilities, and competing financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your
firm’s workplace, including leadership, and supply chain. Examples of
this may be demonstration of working within cultural and language gaps,
development of diversity programs, diverse project teams, equitable
opportunity vendor supply chain, and how your firm has applied an equity
lens to processes such as recruitment, hiring, purchasing, career
pathways, salaries, and staff engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job
title and employee name, including the time required for meetings, conference
calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal
section. Provide a total not to exceed cost for the Scope of Proposal. Price all
additional services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee
and job title to be used during the term of the Agreement. This fee schedule will be
firm for the duration of the project. The fee schedule will be used as a basis for
determining fees should additional services be necessary. Include a per meeting
RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
rate in the event additional meetings are needed. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
4. All indirect costs with the exception of travel are to be included in the hourly labor
rates. Travel expenses may be reimbursable per the Work Order and current rates
found at www.gsa.gov. Consultant will be required to provide original receipts to
the City for all travel expenses. Provide an estimated dollar amount for each phase
(30%, 60%, 90%) of travel.
G. Sample Agreement
Included with this request for proposals is a sample Agreement the City intends to use
for obtaining the services of the Consultant. The Consultant is required to review this
Agreement and indicate any objections to the terms of the contract. If revisions to the
contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form
indicating the Consultant hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Consultant has read and agrees to
be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
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RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
V. REVIEW AND ASSESSMENT CRITERIA
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.
CRITERIA
NUMBER
CRITERIA WEIGHTING FACTOR
1 FIRM CAPABILITY & EXPERIENCE 45%
2 COST & WORK HOURS 30%
3 PROJECT APPROACH/SCHEDUL 20%
5 SUSTAINABILITY/TBL METHODOLOGY 5%
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RFP 9971 Design of Septage Receiving Station at Drake Water Reclamation Facility
VI. ACKNOWLEDGEMENT
Consultant 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 9971 Design of Septage Receiving Station at Drake
Water Reclamation Facility and sample Agreement except as otherwise noted. Additionally,
Consultant 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
Consultant’s knowledge and belief.
b. Consultant 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. Consultant further agrees that the method of award is acceptable.
e. Consultant 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. Consultant acknowledges receipt of addenda.
g. Consultant 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). Consultant 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 PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and entered
into the day and year set forth in Section 4 below by and between the CITY OF FORT COLLINS,
COLORADO, a Colorado Municipal Corporation (CITY) and , a(n) [enter state] [business
type] (PROFESSIONAL).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The PROFESSIONAL agrees to provide Services in accordance with
the Scope of Services (Services) attached as Exhibit A, consisting of [# of Pages] and
incorporated herein. Irrespective of references in Exhibit A to certain named third parties,
the PROFESSIONAL shall be solely responsible for performance of all duties hereunder.
2. Project Schedule. Time is of the essence. The Services to be performed pursuant to this
AGREEMENT shall be performed in accordance with the Project Schedule attached
hereto as Exhibit [choose one], consisting of [# of Pages], and incorporated herein by
this reference.
3. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. AGREEMENT Period. This AGREEMENT shall commence , 20 (the Effective
Date) and shall continue in full force and effect until , 20 , unless sooner
terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT
may be extended for additional one (1) year periods not to exceed 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. [Any price changes shall not exceed percent
( %) per annual renewal]. Written notice of renewal shall be provided to the
PROFESSIONAL no later than thirty (30) days before AGREEMENT end.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at
least ten (10) calendar days written notice of termination to the PROFESSIONAL.
In the event of early termination by the CITY, the PROFESSIONAL shall be paid for
Services rendered up to the date of termination, subject to the satisfactory performance
of the PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall
submit a final invoice within ten (10) calendar days of the effective date of termination.
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Payment shall be the PROFESSIONAL's sole right and remedy for termination.
6. Notices. All notices provided under this AGREEMENT shall be effective immediately
when emailed or three (3) business days from the date of the notice when mailed to the
following addresses:
PROFESSIONAL: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Compensation. 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] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the amount of
???? ($????) plus reimbusable direct costs. All such fees and costs shall not exceed
???? ($????)] in accordance with Exhibit [choose one], consisting of [# of Pages],
attached 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 Services by the CITY.
Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY 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 undisputed invoices on Net 30 days from the date of the invoice submittal
to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The PROFESSIONAL warrants and shall be responsible
for the professional quality, technical accuracy, accessibility requirements under ADA and
Public Accommodations and Technology Accessibility sections below, timely completion
and the coordination of all Services rendered by the PROFESSIONAL, and the Project
Instruments as defined in Section 12 below. The PROFESSIONAL shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies
from such standards.
9. Indemnification. The PROFESSIONAL shall indemnify, defend, and hold harmless the
CITY and its officers and employees, to the maximum extent permitted under Colorado
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law, against and from any and all actions, suits, claims, demands, or liability of any
character whatsoever claimed by the PROFESSIONAL or third parties against the CITY
arising out of or related to this AGREEMENT (including but not limited to contract, tort,
intellectual property, accessibility, or otherwise). This obligation extends to
reimbursement of the CITY's defense costs and reasonable attorney’s fees.
10. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit
[choose one], consisting of [# of Pages], attached and incorporated herein.
11. Appropriation. To the extent this AGREEMENT, or any provision in it, requires payment
of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual
appropriation by the Fort Collins 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 there are no pledged cash reserves or supporting appropriations pledged
irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY
shall not be construed as a breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings,
as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and other deliverables (Project Instruments), in any
form whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the CITY substantially
performs its obligations under the AGREEMENT. The license granted hereunder
permits the CITY and third parties reasonably authorized by the CITY to reproduce
applicable portions of the Project Instruments for use in performing the 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 use the
Project Instruments for similar projects, provided however, in such event the
PROFESSIONAL shall not be held responsible for the design to the extent the CITY
deviates from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment of each invoice, associated Project Instruments rendered by the
PROFESSIONAL shall become the CITY’s property. The PROFESSIONAL shall
provide the CITY with the Project Instruments in electronic format in a mutually agreed
upon file type.
13. CITY Project Manager. The CITY will designate, before commencement of the Services,
the CITY Project Manager who shall make, within the scope of their authority, all
necessary and proper decisions with reference to the Services provided under this
AGREEMENT. All requests for contract interpretations, change order, and other
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clarification or instruction shall be directed to the CITY Project Manager.
The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be
reached at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change
by the CITY.
14. Project Status Report. A project status report is required to accompany all invoices and
shall be submitted to the CITY Project Manager. The progress status report shall contain
a written report of the delivery status of the Services with respect to the Scope of Services,
project schedule, previous invoices, outstanding balance, percent billed and other material
information as requested by the CITY. Failure to provide any required report may, at the
option of the CITY, suspend the processing of any 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. The CITY shall not be
responsible for withholding or remitting any portion of the PROFESSIONAL's
compensation hereunder or any other amounts on behalf of PROFESSIONAL for the
payment of FICA, Workers' Compensation, unemployment insurance, other taxes or
benefits or for any other purpose.
16. 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.
17. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the
Services without the prior written consent of the CITY, which shall not be unreasonably
withheld. If any of the Services is subcontracted hereunder, with the consent of the CITY,
then the following provisions shall apply: (a) the subcontractor/subconsultant must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar Services; (b) the
subcontractor/subconsultant will be required to comply with all applicable terms of this
AGREEMENT; (c) the subcontract will not create any contractual relationship between
any subcontractor/subconsultant and the CITY, nor will it obligate the CITY to pay or see
to the payment of any subcontractor/subconsultant; and (d) the Services of the
subcontractor/subconsultant will be subject to inspection by the CITY to the same extent
as the Services of the PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing Services
hereunder to maintain insurance coverage naming the CITY as an additional insured
under this AGREEMENT and Exhibit [choose one], consisting of [# of Pages], attached
and incorporated herein. The PROFESSIONAL shall maintain a copy of each
subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon
request, the PROFESSIONAL shall promptly provide the CITY with a copy of the
certificate(s).
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18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the PROFESSIONAL of responsibility for the quality or
technical accuracy of the Services. 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 to or refuse to perform
according to the terms of this AGREEMENT, that party may be declared in default upon
notice.
20. Remedies. In the event a party has been declared in default, the defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to (a) terminate the AGREEMENT and seek damages; (b) treat the AGREEMENT as
continuing and require specific performance; or (c) avail themselves of any other remedy
at law or equity. In event of a dispute regarding this AGREEMENT, each party shall bear
its own attorney fees and costs.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT supersedes any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations regarding the matter recited herein not contained in this AGREEMENT
shall not be binding on the parties. In the event of a conflict between terms of the
AGREEMENT and any exhibit or attachment, the terms of the AGREEMENT shall prevail.
Each person executing this AGREEMENT affirms that they have the necessary authority
to sign on behalf of their respective party and to bind that party to the terms of this
AGREEMENT.
22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter
and Municipal Code shall govern the construction, interpretation, execution and
enforcement of this AGREEMENT—without regard to choice of law or conflict of law
principles. The Parties further agree that Larimer County District Court is the proper venue
for all disputes. If the CITY subsequently agrees in writing that the matter may be heard
in federal court, venue will be in U.S. District Court for the District of Colorado. In the
event any provision of this AGREEMENT shall be held invalid or unenforceable by any
court of competent jurisdiction, that holding shall not invalidate or render unenforceable
any other provision of this AGREEMENT.
23. Use by Other Agencies. The CITY reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
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to use the CITY’s award determination to the PROFESSIONAL. Use by any other entity
shall not have a negative impact on the CITY in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent
for the CITY in connection with the exercise of any rights hereunder, and neither party
shall have any right or authority to assume or create any obligation or responsibility on
behalf of the other. The other Agency shall be solely responsible for any debts, liabilities,
damages, claims or expenses incurred in connection with any agreement established
solely between the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder
is subject to the PROFESSIONAL’s commitment that this authorization shall not have a
negative impact on the Services to be completed for the CITY.
24. Prohibition Against Unlawful Discrimination. The PROFESSIONAL acknowledges that 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); Section §§24-34-401, et seq., C.R.S., and any
associated State or Federal laws and regulations, strictly prohibits unlawful discrimination
based on an individual’s gender (regardless of gender identity or gender expression), race,
color, religion, creed, national origin, ancestry, age forty (40) years or older, marital status,
disability, sexual orientation, genetic information, or other characteristics protected by law.
Pursuant to CITY policy, sexual orientation means a person’s actual or perceived
orientation toward heterosexuality, homosexuality, and bisexuality. The CITY also strictly
prohibits unlawful harassment in the workplace, including sexual harassment. Further, the
CITY strictly prohibits unlawful retaliation against a person who engages in protected
activity. Protected activity includes an employee complaining that the employee has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The PROFESSIONAL shall comply with the CITY’s policy for equal employment
opportunity and prohibit unlawful discrimination, harassment and retaliation. This
requirement also applies to all third-party subcontractors/subconsultants at every tier.
25. ADA and Public Accommodations. In performing the Services required hereunder, the
PROFESSIONAL agrees to meet all requirements of the Americans with Disabilities Act
of 1990, §§24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA), and
all applicable Colorado public accommodation laws, which are imposed directly on the
PROFESSIONAL or which would be imposed on the CITY as a public entity.
26. Technology Accessibility. The PROFESSIONAL represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of §§24-85-101, et seq., C.R.S.,
and the Accessibility Standards for Individuals with a Disability, as established by the State
of Colorado Governor’s Office of Information Technology (OIT) pursuant to §24-85-103
(2.5), C.R.S., including all updates and amendments to those standards as provided by
the OIT. The PROFESSIONAL shall also comply with all State of Colorado technology
standards related to technology accessibility and with Level AA of the most current version
of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
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To confirm that the Project Instruments meet these standards, the PROFESSIONAL may
be required to demonstrate compliance. The PROFESSIONAL shall indemnify, save, and
hold harmless the CITY against any and all costs, expenses, claims, damages, liability,
court awards and other amounts (including attorneys’ fees and related costs) incurred by
the CITY in relation to the PROFESSIONAL’s failure to comply with §§24-85-101, et seq.,
C.R.S., or the Accessibility Standards for Individuals with a Disability as established by
OIT pursuant to §24-85-103 (2.5), C.R.S.
The CITY may require the PROFESSIONAL’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the CITY to attest to the Project
Instruments and software compliance with §§24-85-101, et seq., C.R.S., and the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
§24-85-103 (2.5), C.R.S.
27. Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations
and laws, specifically including Colorado’s Privacy Act, C.R.S Section 6-1-1301 et seq.
(the Privacy Act). PROFESSIONAL shall ensure that each person processing any
personal data connected to the Services is subject to a duty of confidentiality with respect
to the data. If applicable, PROFESSIONAL shall require that any subcontractors meet the
obligations of PROFESSIONAL with respect to any personal data connected to this
AGREEMENT. The Parties agree that upon termination of the Services that
PROFESSIONAL shall, at the CITY’s choice, delete or return all personal data to the CITY
unless retention of the personal data is required by law. PROFESSIONAL shall make
available to the CITY all information necessary to demonstrate compliance with the
obligations of the Privacy Act. PROFESSIONAL shall allow for, and contribute to,
reasonable audits and inspections by the CITY or the CITY’s designated auditor.
28. 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. Sections 24-10-101 et seq. and under any
other applicable law.
29. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. Sections 24-72-
200, et seq. (CORA), and documents in the CITY’s possession may be considered public
records subject to disclosure under the CORA.
30. Delay. Time is of the essence. Subject to Force Majeure in Section 31 of this
AGREEMENT, if the PROFESSIONAL is temporarily delayed in whole or in part from
performing its obligations, then the PROFESSIONAL shall provide written notice to the
CITY within two (2) business days defining the nature of the delay. Provision of written
notice under this Section shall not operate as a waiver of any rights or benefits provided
to the CITY under this AGREEMENT.
31. Force Majeure. No party hereto shall be considered in default in the performance of an
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obligation hereunder to the extent that performance of such obligation is delayed,
hindered, or prevented by force majeure. Force majeure shall be any cause beyond the
control of the party that could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics,
incendiarism, interference by civil or military authorities, compliance with regulations or
orders of military authorities, and acts of war (declared or undeclared), provided the cause
could not have been reasonably foreseen and guarded against by the affected
party. Force majeure shall not include increases in labor, commodity, utility, material,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities.
To the extent that the performance is actually prevented, the PROFESSIONAL must
provide notice to the CITY of such condition within ten (10) calendar days from the onset
of the condition.
32. Special Provisions. Special provisions or conditions relating to the Services to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages incorporated herein.
33. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in
the following order of priority:
(a) The body of this AGREEMENT (and any written amendment),
(b) Exhibits to this AGREEMENT, and
(c) The Purchase Order document.
34. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a
waiver of any provision above. Any terms included in any Exhibit or other attachment that
requires the CITY to indemnify or hold PROFESSIONAL harmless; requires the CITY to
agree to binding arbitration; limits PROFESSIONAL’s liability; or that conflicts with statute,
City Charter or City Code in any way, shall be void.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT [CHOOSE ONE]
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
The PROFESSIONAL will provide, from insurance companies acceptable to the CITY, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the PROFESSIONAL shall furnish the CITY with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the PROFESSIONAL, insurance as the CITY may deem
proper and may deduct the cost of the insurance from any monies which may be due or become
due the PROFESSIONAL under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The CITY, its officers, agents and employees shall be named as additional insureds on the
PROFESSIONAL's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation and Employer's Liability. The PROFESSIONAL shall maintain
Workers’ Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the PROFESSIONAL's employees engaged in work performed under
this AGREEMENT. Workers' Compensation and Employer’s Liability insurance shall conform
with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000
disease each employee, or as required by Colorado law.
B. General Liability. The PROFESSIONAL shall maintain during the life of this AGREEMENT
General Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this AGREEMENT. Coverage for property
damage shall be on a (broad form) basis. The amount of insurance for General Liability, shall
not be less than $1,000,000 combined single limits for bodily injury and property damage.
C. Automobile Liability. The PROFESSIONAL shall maintain during the life of this AGREEMENT
Automobile Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this AGREEMENT. Coverage for property
damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability,
shall not be less than $1,000,000 combined single limits for bodily injury and property damage.
D. Errors and Omissions. The PROFESSIONAL shall maintain errors and omissions insurance
in the amount of $1,000,000.
E. Cybersecurity. The PROFESSIONAL shall maintain cybersecurity insurance in the amount
of $5,000,000.
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
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subcontractor/subconsultant's insurance.
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EXHIBIT [CHOOSE ONE]
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 referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to 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, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
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 the non-exclusive list of
Confidential Information above. 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
before 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 Exhibit, 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: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) 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; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (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 immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, 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 any of the CITY’s covered
information and must notify the CITY in writing within twenty-four (24) hours of discovery of
any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
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 Confidential 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
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Network and Security Monitoring
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 Confidential Information 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.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the PROFESSIONAL can ensure security for the Confidential Information so
stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If PROFESSIONAL breaches any of the terms of this Exhibit, in the
CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw
PROFESSIONAL’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, 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 return of such materials, 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. Upon Disclosing
Party’s request, 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.
12. Injunctive Relief. PROFESSIONAL Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
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for breach of this AGREEMENT and therefore, the Disclosing Party 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.