HomeMy WebLinkAboutRFP - 10096 Arapahoe Bend Natural Area River Restoration Project
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 1 of 38
REQUEST FOR PROPOSAL
10096 ARAPAHO BEND NATURAL AREA RIVER RESTORATION PROJECT
PRE-QUALIFICATION SUBMITTALS DUE: 3:00 PM MT (Mountain Time), January 17, 2024
The City of Fort Collins is requesting proposals from qualified Professionals to provide design and
permitting services for the Arapaho Bend Natural Area River Restoration Project. The
Professional will also be expected to provide engineering support and oversight during the
construction phase, as well as permitting support throughout the project and final closeout.
This RFP is utilizing a new multi-stage submittal and evaluation process. Please refer to
Section I.B for additional information.
As part of the City’s commitment to sustainability, the Pre-qualification Submittal 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.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of -fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
918-15 Architectural Consulting
918-42 Engineering Consulting
918-43 Environmental Consulting
918-72 Lakes, Rivers and Other Waterway Management Consulting Services
925-17 Civil Engineering
925-28 Drainage Engineering 925-35 Environmental Engineering
926-40 Ecological Services
926-41 Ecosystems Development, Management and Protection Services
926-95 Water/Wastewater Conservation Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be 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
Financial Services
Purchasing Division nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 2 of 38
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are mark ed 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.
Professionals Registration: The City requires new Service Providers/ Professionals receiving
awards from the City to submit IRS form W-9 and requires all Service Providers/ 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.
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Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 4 of 38
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Professionals to provide design and permitting services for the river restoration project. The Professional will also
be expected to provide engineering support and oversight during the construction phase,
as well as permitting support throughout the project and final closeout with any Conditional
Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) needs.
The goal of this project is to reconnect the floodplain of the Cache la Poudre River (Poudre,
hereafter), improve river health metrics, and enhance native fish habitat in the Poudre and
adjacent ponds owned by the City of Fort Collins (City, hereafter). The City is seeking a
design partner to help transform this reach of the river so that future generations of people,
wildlife, and habitats can benefit from improved ecological functions and diversity.
B. Proposal Process Overview
This RFP is utilizing a new multi-stage proposal and evaluation process. This approach
was developed based on recent feedback and is intended to create efficiencies in the
selection process for large-scale projects. Specific dates for each stage and their subsets
are set forth in Section II. D. The RFP stages are as follows:
• Stage 1 – Pre-Qualification Submittal. Interested Professionals meeting the minimum requirements set forth in Section II.C, should submit a Pre-Qualification
Submittal as outlined in Section III. These submittals will be reviewed according to the
evaluation criteria set forth in Section V.A, and the top-rated firms will advance to
Stage 2.
• Stage 2 – Proposal Submittal. Top rated firms from the Pre-Qualification Submittal
will be invited to submit a full project proposal submittal as outlined in Section IV.
These proposals will be evaluated in accordance with the evaluation criteria set forth
in Section V.B, and the top-rated firms will advance to Stage 3.
Stage 2 will also provide the opportunity for a site visit and pre-proposal meeting. Any
questions not addressed at this meeting or arising afterwards should be
submitted, in writing via email, to Beth Diven, Buyer II at bdiven@fcgov.com, no
later than 3:00 PM MT on February 10, 2025. Please format your e-mail to include:
RFP 10096 Arapaho Bend Natural Area River Restoration Project 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 emailed to all pre-qualified Professionals.
• Stage 3 – Interview. The top-rated Professionals from Stage 2 will be invited to
interview. Interviews will likely include a presentation by the Professional and a
question and answer period. The Professionals interviews will be evaluated in
accordance with the evaluation criteria set forth in Section V.C, and the top-rated
Professional will be awarded subject to contract negotiations.
C. Project Background
Please note that all attachments reference in this section have been uploaded to Bidnet
in a .zip folder titled 10096 Attachments.
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1. Project Site
The project site is located on the Poudre River in the City of Fort Collins, Colorado
(see separately issued map titled Arapaho Bend Natural Area River Restoration
Location Map). Specifically, the project area is in east Fort Collins near Rigden
Reservoir and Interstate 25 (I-25). The river reach is just downstream of the Great
Western Railway’s bridge and upstream of the I-25 bridge that both cross the Poudre
River. The north end of the project area contains the Old Horsetooth Road
embankment, including relic concrete bridge abutments.
The lands surrounding the site are predominantly owned by the City of Fort Collins
with one adjacent private landowner. The land in the project reach is within the City of
Fort Collins and Larimer County and are primarily used for outdoor recreation and
wildlife habitat. The project reach is delineated by the Federal Emergency
Management Agency (FEMA) as a Zone AE with regulatory 0.5 ft floodway (see map
titled FEMA Flood Risk Map). The City anticipates the work will be completed under
an Army Corp of Engineers Nationwide Permit 27.
2. River Channel Condition
The river channel has been straightened along this reach, resulting in increased
sediment transport capacity which has led to sediment recruitment through vertical and lateral erosion. This degradation results in a disconnection between the bank, full
channel and the floodplain. The riparian area along the project reach is rarely
inundated with overbank spills only occurring at 1,500 cubic feet per second (cfs),
which data indicates only happens, on average four days per year.
In addition to the effect of straightening, the Poudre River has significantly altered
hydrology with a reduction in peak flow and baseflows. The hydrology lacks stream
power to impact the channel geometry and inhibits the Poudre's ability to do work on
the channel banks leading to a relatively straight, homogenous reach.
When the river experiences a 50-year flood event or greater, the river divides into two
flow paths in this reach. Some flows are conveyed under the I-25 bridge and the rest
overtops to go south and returns to the main channel over two miles downstream.
During 50 and 100-year flow events, the split flow must be maintained, as altering it
would change the extent of the properties mapped within the 100-year floodplain.
3. Riparian Condition
On river left in the project area, riparian vegetation widens out into a healthy thicket of mostly native shrubs and trees and several sandy overflow channels. Further out from
the channel an older forest of native boxelder and cottonwood trees connects the
active riparian zone to the adjacent I-25 pond. This area is closed to the public to
protect occupied wildlife habitat including active Bald Eagle, Red-tailed Hawk, and
Great Horned Owl nests.
Further downstream on river left, the riparian zone is disconnected and sparse. A drier
weedy grassland is in the outer floodplain and was once a highway rest stop.
On river right in the project area, the riparian area is dominated by older mature
cottonwood trees. The riparian area is generally very narrow, except where it widens
closer to the I-25 bridge. There are very few younger age forests on river right and
little room for overbanking to improve conditions.
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4. Fish Community
The aquatic habitat in the river within the project reach is monotonous, with few riffles
or pools present, and a high proportion of silt substrate. Studies of the fish assemblage
near this reach have found 11 native and six non-native species (see Attachment E).
Fish species richness has decreased over time due to fragmentation by diversions,
grade control structures, and modifications to instream habitat. Habitat suitability
modeling found that native fish habitat is greater during low flows (approximately 10
cfs) and decreases at flow increases (up to 1,500 cfs). This reduction in habitat occurs
when the channel is disconnected from its floodplain fish cannot access slower velocity
flows.
The I-25 pond on river left has been identified as a priority for restoring native plains
fish habitat and possibly exploring reintroduction of priority species like the Plains
Topminnow in partnership with Colorado Parks and Wildlife (CPW). The pond has no
public access and no CPW management goals. Its average depth is seven feet and
has 10 fish species currently present, four of which are native.
5. Completed Work
From 2022 – 2023, the Fort Collins Natural Areas Department (FCNAD) and Ayres
Associates worked to assess existing conditions of the site from geomorphic, hydrology and hydraulics, vegetation, and aquatic habitat perspectives through
multiple site visits and desktop reconnaissance. The team explored site conditions,
possible river restoration scopes and concepts, developed river restoration
alternatives and finally develop recommendations for restoration projects. A preferred
conceptual alternative, alternative G, was selected for full design (Attachment A). This
project is based on alternative G and should build upon it for the design of the project.
However, FCNAD is open to considering other designs if they meet the design considerations and goals of the project. A report detailing alternative G and the findings
of the work with Ayres Associates can be found in Attachment B.
FCNAD uses the River Health Assessment Framework (RHAF) to evaluate the river
ecosystem. This framework, used along the entire river, uses eight indicators and 21
metrics to assess river health. The project area corresponds with Reach 18 and was
last assessed using the RHAF in 2016, with a smaller subset of assessment data
gathered by Stillwater Sciences in 2022. Results from that effort can be found in
Attachment C. The river is being evaluated by the RHAF during the 2024-25 water
year and the results will be available in mid to late 2025.
FCNAD also completed the following baseline surveys and engagement in 2023 and
2024:
• Bee and butterfly monitoring
• Amphibian monitoring
• Wetland delineation (Attachment D)
• Cultural surveys
• Ute ladies’ tresses (Spiranthes diluvialis ) surveys
• Preble’s Meadow Jumping Mouse (Zapus hudsonius preblei) surveys
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6. Design Considerations
The City is seeking to improve RHAF metrics in the reach and meet the following
criteria:
• Improve river channel complexity at flows below 250 cfs
• Create floodplain connection points between 500 – 1,500 cfs
• Restore aquatic habitat complexity
• Develop understanding of sediment supply, transport, and storage and work on
improvements to reach-scale sediment dynamics
• Restore and widen the active riparian zone to support native habitats and species
• Improve the reaches’ ability to recruit and store medium and large wood, as well
as mobilize and transport wood at higher flows
• Removal of the relic Horsetooth bridge abutments
• Support all aspects of native plains fish life cycle
• Retain split flows at 50 and 100-year flood events
• Conforms to and complies with all regulatory permit requirements
• Minimizes short-term and long-term ecological degradation of the Poudre River
II. SCOPE OF PROPOSAL
A. Scope of Services
The City is seeking a qualified Professional to produce 100% engineering designs,
construction cost estimates, obtain an approved CLOMR/LOMR from FEMA, provide
permitting consultation and support, and engineering support during construction for
the Arapaho Bend Natural Area (ABN) river restoration project. The Professional will
also be expected to provide construction oversight during the construction phase.
Major project tasks are included below but are not limited to the items below.
Phase 1: Data Collection & Design Development
Project Management
The selected Professional will attend a project grounding discussion to understand full
scope and history of project, a kick -off meeting, and regularly scheduled progress
design status meetings with City staff. Project meetings will likely consist of bi-weekly
online calls to facilitate discussion of design-related questions and to share information
and progress. Key milestone meetings will be held in person. The City estimates this
will be approximately 45 meetings from the kickoff meeting to 100% design and another 25 meetings through construction. FCNAD has collected relevant data
regarding the project site including wetland delineation, surveys for Threatened &
Endangered Species, and cultural and historical resources. The Professional will
collect other relevant data regarding the project site which may include tree surveys,
in-channel measurements, topography, utility line locations, and geotechnical surveys.
Due to Colorado State Law SB 18-167 regarding utility investigation during design, the
Professional (or subconsultant) will be required to perform a Subsurface Utility
Engineering (SUE) plan in accordance with State law. This shall include a utility plan
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developed to Quality Level B or better per ASCE standards and stamped by a licensed
Professional Engineer in the State of Colorado. The licensed engineer shall be ASCE
38 certified.
• The Professional (or subconsultant) shall have a thorough understanding of
subsurface utility engineering and associated standards and requirements
• It is anticipated that final SUE plans will be delivered after 30% design, however,
preliminary work will likely be required during preliminary design. The same
Professional/subconsultant should be used to complete the both the SUE plan and
preliminary design.
• The Professional shall provide plan sheets to be incorporated into the project plan set, utility logs, memos, utility research, existing plans and as-builts, as well as
other information obtained and developed through the SUE process to the City.
Develop & Model Design Alternatives
The selected Professional will develop design alternatives using an iterative process.
Reaching out to local expert partners to check in on the latest scientific/technical
information is encouraged. The selected Professional will provide several design
variations along with design-support modeling and thorough analysis of hydraulic
function, stability, sediment transport, aesthetics, floodplain mapping, and scour
issues. All alternatives must meet all local, state, and federal floodplain requirements.
A matrix will be provided with impacts analysis provided for each alternative (e.g.
geomorphology, floodplain, wetlands, water rights, permitting requirements). Potential
U.S. Army Corps of Engineers (USACE) permitting requirements will be provided for
each alternative. The City’s team, consisting of project team members and potentially
other City staff that are required to provide feedback, with input from the Professional,
will select the preferred alternative.
Phase 2: 60% Design & Construction Cost Estimate
Design Report & Permitting Checklist
The Professional will prepare a 60% design following the selection of a preferred
alternative. Technical specifications, USACE permits, and cost estimates will be part
of this design milestone. The Professional will identify all necessary permits and will
initiate the permitting process at 30% design stage. A permitting checklist will be
provided to the City detailing required permits and timelines. The selected Professional
will be responsible for identifying FEMA permitting associated with this project and initiating the permitting process, including CLOMR. The Professional will coordinate
FEMA permitting with the City Floodplain Administrator.
CLOMR Submittal
At 60% design, if there is confidence in the details of the hydraulic structure, the
Professional will be asked to begin the CLOMR submittal. This will involve review
through the City of Fort Collins prior to submittal to FEMA. All modeling and reports
shall follow the City of Fort Collins Floodplain Modeling Guidelines at https://www.fcgov.com/utilities/img/site_specific/uploads/floodplain-modeling-report-
guidelines.pdf?1522697631. The Professional will be responsible for all submittal
packages and response to comments from both the City and FEMA. Project team will
need to be flexible in the timing of the CLOMR submittal. The “Effective Model” for the
CLOMR will be the RiskMap LOMR model which is currently held up due to another
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project’s re-certification. This project will also need to coordinate with multiple other
LOMR’s in the area, both upstream and downstream.
Phase 3: 100% Design & Cost Estimate of Final Build
After 60% design approval from the City, the Professional will incorporate any
necessary changes or revision and complete a 100% design plan. The Professional
will provide site analysis drawings, sketches (e.g. cross sections, profiles) for the
project area, and a final plan set drawing of each structure. A final report will be
submitted to the City that includes all modeling, physical, environmental, and technical
information gathered and analyzed to support the alternatives and final design. A
detailed cost estimate will be provided of final build costs.
Phase 4: Pre-Construction and Construction Support
The Professional will be expected to provide engineering support when the City
engages a General Contractor. This will include but is not limited to discussing best
plans for constructability, staging/access, materials, grades, measurements,
permitting restrictions, scheduling, and value-engineering. Once the construction
phase has begun, the Professional will provide construction oversight and provide an
as-built plan set. Construction oversite will include being on-site every day there is
active construction and filling out a daily construction report (Attachment F).
Phase 5: LOMR Submittal and Finalization
The Professional is expected to prepare a LOMR for the completed ABN project to
accurately depict the floodplain on regulatory Flood Insurance Rate Maps (FIRMs).
This will be done in coordination with the City’s Floodplain staff and FEMA reviewers.
The Professional will conduct hydrologic modeling to prepare and submit a LOMR
package according to FEMA requirements, along with the required LOMR fee. The
Professional will be expected to work through and address any review comments until
final approval of the LOMR.
B. Deliverables/Milestones
The following represents the City’s anticipated timeline for the project. The City
recognizes that some dates will likely be revised as the project progress through each
Phase.
Milestone Date
C. Minimum Qualifications
Only Professionals with teams including the individuals with the following areas of
expertise will be considered. The City encourages lean teams with overlapping
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qualifications.
• Licensed professional civil engineer with expertise conducting hydraulic and
hydrologic analyses as well as proven experience with FEMA CLOMR/LOMR
submittals
• Geomorphologist with experience in fluvial process, sediment transport analysis, and
floodplain development
• Ecologist with experience in river systems and wetland habitats
• Fish biologist with experience in improving habitat for Colorado native plains fish in
lentic and lotic systems
• Staff member with experience in Section 404 permitting and relevant state and local
permitting
• Experience overseeing large construction projects, coordinating with construction
contractors, and responding to Requests for Information
D. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: January 3, 2025
• Pre-Qualification Submittal Due: 3:00 PM MT on January 17, 2025
(submitted via BidNet)
• Notifications for Proposal Submittal: January 30, 2025
• Site visit Pre-Proposal Meeting: 10:00 AM MT on February 3, 2025
4109 E. Horsetooth Road. Meet in the
parking lot closes t to Strauss Cabin ruins
• Question deadline: 3:00 PM MT on February 10, 2025
(submitted via email to bdiven@fcgov.com)
• Q&A Addendum Issued: By February 14, 2025
• Proposals Due: 3:00 PM MT on February 21, 2025
(submitted via email to bdiven@fcgov.com)
• Interviews (tentative): Week of March 17, 2025
• Award of project: End of March 2025
E. Budget
The budget for this project is limited to a maximum of $750,000 for Phases 1, 2, 3, 4, and
5.
F. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov . Professional will be required to
provide original receipts to the City for all travel expenses.
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G. 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.
H. Financial Qualifications (CONFIDENTIAL)
Professionals selected as Step 2 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”).
I. 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).
J. Work Orders
The awarded Professional will be required to sign the City’s Work Order Type Agreement,
a sample of which is attached as Section VII for reference purposes. Each phase of the
project is anticipated to be authorized through individual Work Order assignments.
Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Professional, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any
changes to the dates, cost or scope of any Work Order must be agreed upon in writing
utilizing the City’s Change Order (included in the Agreement) and will not be considered
valid until signed, at a minimum, by the Professional, project manager and Purchasing
Department representative.
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, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Professional and the City will negotiate an appropriate unit price for the service prior to the
Professional initiating such work.
The City pays invoices on Net 30 terms.
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III. PRE-QUALIFICATION SUBMITTAL
Please limit the total length of your pre-qualification submittal to a maximum of twenty-five
(25) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and
Acknowledgement 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. Submittals that do not conform to these requirements may be rejected.
For this submittal, 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 submittal 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 immediately following
the question.
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 Professional’s capabilities for the
assignment, include a general description of the services offered, and address any unique
aspects or benefits provided by the Professional.
B. General 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. Has the firm’s ownership changed in the last 5 years? Is the firm likely to change
ownership in the next few years?
8. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). This information will be
used Stage 2 notifications.
C. Scope of Proposal
1. Describe the Professional’s approach to developing a set of design alternatives, as
well as the communication methods and timelines your firm will use with the City’s
Project Manager and other parties.
2. Provide initial conceptual ideas on how the design could build upon and improve the
in-channel and riparian zone modifications of Alternative G (Attachment A). Due to
budget limitations, it is not anticipated that the final design will include major grading
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work on Little Bass, Snapper, Beaver, and Cormorant Ponds.
D. Firm Capability & Assigned Personnel
1. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. Include
project team’s relevant project experience in the following areas: experience in design
and/or build contracting, fluvial geomorphologic analysis, hydrologic and hy draulic
modeling, SUE experience, ecological and wetland restoration, native fish habitat
restoration, permitting, preparation of construction drawing and tech. specs, and
preparation and submittal of FEMA CLOMRs. Whenever possible, please identify the
loc ation of relevant projects, scope of project, year completed, and name of project
manager and project engineer(s).
2. Provide similar projects with public agencies in the last five years that have involved
the staff proposed to work on this project. Include subconsultants on the team and a
brief description of the work.
3. A resume for each professional and technical person assigned to the Agreement,
including partners and/or subconsultants, shall be submitted. Please limit resumes to
one page.
4. Some functions of this project may require the use of subconsultants. If you intend to
utilize subconsultants you must list each and provide resumes for their key personnel.
5. Describe the availability of project personnel to participate in this project in the context
of the contractor firm’s other commitments.
IV. PROPOSAL SUBMITTAL
Only the top-ranked Professional from the Pre-Qualification Submittal will be invited to this
stage of the RFP. Please limit the total length of your proposal to a maximum of fifty (50) 8 ½
x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement 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 Professional for costs incurred in the
preparation and presentation of their proposal.
A. Executive Summary
The Executive Summary should highlight the content of the proposal, 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.
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 14 of 38
B. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work and any exceptions and/or
risks. This should include a description of how the analysis will be performed for the
various areas identified, the methods and assumptions used, and the limitations of the
analysis.
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.
C. Availability
1. Can the work be completed in accordance with the Deliverables/Milestones dates set forth in Section II.B? Describe any variations to these dates that, based on your firm’s
expertise, would result in changes to these dates.
2. Are other qualified personnel available to assist in meeting the project schedule if
required?
3. Is the project team available to attend meetings as required by the Scope of Work?
4. Provide an outline of the schedule for completing tasks. This schedule should be
broken down by each of the project 5 phases.
D. Firm Capability and Assigned Personnel
1. Provide a final Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section. Please
indicate main point of contact and final decision maker. These may be two different
team members.
2. Describe the experience the proposed team members, including subconsultants, have
working together on assignments comparable in breadth to the Arapaho Bend Natural
Area river restoration.
3. Describe a project completed by your firm that utilized the same subcontractors as
proposed for this assignment. List the subconsultant firm(s), their role in the
assignment, and the specific personnel that completed the work .
4. 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.
5. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 15 of 38
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Professional
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
E. Cost and Work Hours
In your response to this proposal, the City would like a detailed accounting of time and
costs associated with each phase of this assignment along with the overall anticipated
cost for all phases. The following details should be included:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title
and employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for the Scope of Proposal. Price all additional
services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per
meeting rate in the event additional meetings are needed. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. The Professional will be
required to provide original receipts to the City for all travel expenses.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 16 of 38
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.
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 VI. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
fully bound by all of the terms, conditions and other provisions set forth in the RFP.
V. REVIEW AND ASSESSMENT CRITERIA
A. Pre-Qualification Submittal
Professionals will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment solely for the Pre-Qualification Submittal. Top-rated
Professionals from this evaluation will be invited to submit a full proposal.
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.
WEIGHTING
FACTOR CATEGORY STANDARD
3.0 Scope of Proposal
Does the submittal show an understanding of the project objectives, methodology to be used
and results/outcomes required by the project?
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WEIGHTING CATEGORY STANDARD
3.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
B. Proposal
This set of criteria will be the basis for review and assessment solely for the written
proposals. Top-rated Professionals from this evaluation will be invited to interview.
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.
WEIGHTING
FACTOR CATEGORY STANDARD
3.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement?
3.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
2.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 18 of 38
WEIGHTING CATEGORY STANDARD
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
2.0 Cost & Work Hours
Does the proposal include detailed cost break -
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
C. Interview
This set of criteria will be the basis for review and assessment solely for the interview.
The top-rated Professional from the interview will be awarded the Agreement, subject to
negotiations.
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 .
WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0 Communication
Does the firm have the ability to communicate
their proposal clearly? Were all components of
the presentation understood by the review
team?
2.0 Team Cohesion
Has the project team worked together before?
Do the presenters communicate effectively with
each other?
3.0 Scope of Proposal
Does the presentation address all elements of
the RFP? Does the presentation show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement?
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 19 of 38
VI. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
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 10096 Arapaho Bend Natural Area River Restoration
Project 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. Professional acknowledges that 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.
Legal Firm Name:
Physical Address:
Remit to Address:
RFP 10096 Arapaho Bend Natural Area River Restoration Project Page 20 of 38
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 )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and
entered into the day and year set forth in the Agreement Period section 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 any
project Work Orders for , issued by the CITY. Such Work Orders will be incorporated
into this Agreement. A blank sample of a Work Order is attached hereto as Exhibit A,
consisting of one (1) page and incorporated herein. A general Scope of Services is attached
hereto as Exhibit B, consisting of [# of Pages] and incorporated herein. The CITY reserves
the right to independently solicit any project rather than issuing a Work Order to the
PROFESSIONAL for the same pursuant to this AGREEMENT. Irrespective of references
to certain named third parties within this AGREEMENT or any Work Order, the
PROFESSIONAL shall be solely responsible for performance of all duties hereunder. The
term Service as used in this AGREEMENT shall include the Services and deliverables
contained in any Work Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service. Changes
shall be agreed upon in writing by the parties by Change Order, a sample of which is
attached hereto as Exhibit C, consisting of one (1) page and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
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. Written notice of renewal shall be provided to the
PROFESSIONAL no later than thirty (30) days before AGREEMENT end. Should written
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notice of renewal be delayed, the parties agree that this AGREEMENT may automatically
extend on a month-to-month basis until a renewal is completed. Upon expiration of the final
renewal term, the AGREEMENT may continue but not to exceed one (1) year if required to
complete any active Work Orders in accordance with Section 8-186 of City Code.
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. 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:
PO Box 580
Fort Collins, CO 80522
Email Address
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 [choose one] as designated
in Exhibit D, consisting of [# of Pages], attached and incorporated herein. At the election of
the CITY, each Work Order may contain a maximum fee, which shall be negotiated by the
parties hereto for each Work Order. Partial payments based upon the PROFESSIONAL’s
billings and itemized statements are permissible as defined in the applicable Work Order.
The amounts of any partial payments shall be based upon the PROFESSIONAL’s City -
verified progress in completing the Service(s) to be performed pursuant to the Work Order
and upon approval of the PROFESSIONAL’s direct reimbursable expenses. Payment shall
be made following acceptance of the Services by the CITY.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services 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
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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 the Project Instruments and License section 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 law,
against and from any and all actions, suits, claims, demands, or liability of any character
whatsoever claimed by the PROFESSIONAL or third parties against the CITY arising out of
or related to this AGREEMENT (not limited to contract, tort, intellectual property,
accessibility, or otherwise). This obligation extends to reimbursement of the CITY's costs
and reasonable attorney’s fees.
10. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit E,
consisting of one (1) page, attached hereto 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 AGREEM ENT 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 Work Order 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
utilize the Project Instruments for similar projects, provided however, in such event the
PROFESSIONAL shall not be held responsible for the design to the extent the CITY
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deviates from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment under each applicable Work Order, 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’s Project Manager will be shown on the specific Work
Order and shall make, within the scope of the Project Manager’s authority, all necessary
and proper decisions with reference to the Services requested under the applicable Work
Order. All requests for contract interpretation, change order and other 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. Project status reports may be required by Work Order and shall be
submitted to the CITY Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
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 any portion of the PROFESSIONAL's compensation hereunder
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
Service(s) set forth in any Work Order 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
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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 Service(s) of the PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the CITY as an additional insured under
this AGREEMENT in accordance with Exhibit E. 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) within two (2) business days.
The PROFESSIONAL shall be responsible for any liability directly or indirectly arising out of
the Services performed under this AGREEMENT by a subcontractor/subconsultant, which
liability is not covered by the subcontractor/subconsultant's insurance.
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, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the AGREEMENT and seek damages;
b. treat the AGREEMENT as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this AGREEMENT shall not be binding on the parties. In
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the event of a conflict between the terms of the AGREEMENT and any exhibit or attachment,
the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT
affirms that they have the necessary authority to sign on behalf of their respective party and
to bind such party to the terms of this AGREEMENT.
22. Law/Severability. The laws of the State of Colorado 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. 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) , C.R.S. § 24-34-401, 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 to prohibit unlawful discrimination, harassment and retaliation. This requirement applies
to all third-party subcontractors/subconsultants at every tier.
24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
PROFESSIONAL agrees to meet all the requirements of the Americans with Disabilities Act
of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
PROFESSIONAL or which would be imposed on the CITY as a public entity.
25. Technology Accessibility . The PROFESSIONAL represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, 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 C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
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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.
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, c ourt
awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY
in relation to the PROFESSIONAL’s failure to comply with C.R.S. § 24-85-101, or the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
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 C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
26. Data Privacy . PROFESSIONAL will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act C.R.S. § 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 and
corresponding Work Orders. 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.
27. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed
or interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable
law.
28. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200
(CORA), and documents in the CITY’s possession may be considered public records
subject to disclosure under CORA. The PROFESSIONAL hereby waives any claim for
damages against the CITY for the CITY’s efforts to comply with CORA.
29. Delay . Time is of the essence. Subject to Force Majeure section of this AGREEMENT, if the
PROFESSIONAL is temporarily delayed in whole or in part from performing its obligations,
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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.
30. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the PROFESSIONAL must provide notice to the CITY of such
condition within ten (10) days from the onset of the condition.
31. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit F - Confidentiality,
consisting of four (4) pages, attached hereto and incorporated herein by this reference.
32. 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,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
33. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, 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.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO TA PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
PROFESSIONAL MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
PROFESSIONAL agrees to perform the Service(s) identified above and on the attached forms in
accordance with and subject to the terms and conditions contained herein and in the Master Services Agreement (AGREEMENT) between the parties. This Work Order is incorporated into
the AGREEMENT, and the AGREEMENT and all prior amendments or other modifications to the
AGREEMENT, if any, remain in full force and effect. In the event of a conflict between or
ambiguity in the terms of the AGREEMENT and this Work Order (including the attached forms)
the AGREEMENT as set forth in the Order of Precedence section of the AGREEMENT shall
control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
GENERAL SCOPE OF WORK
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT D
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 E
INSURANCE REQUIREMENTS
The PROFESSIONAL will provide, from insurance companies acceptable to the CITY, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the PROFESSIONAL shall furnish the CITY with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the PROFESSIONAL, insurance as the CITY may deem
proper and may deduct the cost of the insurance from any monies which may be due or become
due the PROFESSIONAL under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The CITY, its officers, agents and employees shall be named as additional insureds on the
PROFESSIONAL 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability . The PROFESSIONAL shall maintain
Worker’s 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 & 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.
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EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by PROFESSIONAL under this
AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard
to the exchange and handling of confidential information and other sensitive materials betw een
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 inspec tion, 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 f or 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.