HomeMy WebLinkAboutRFP - 10114 Biological Monitoring ServicesRFP 10114 Biological Monitoring Services
REQUEST FOR PROPOSAL
RFP 10114 BIOLOGICAL MONITORING SERVICES
RFP DUE: 3:00 PM MT (Mountain Time), March 31st, 2025
The City of Fort Collins is requesting proposals from qualified Service Providers to conduct
biological monitoring of macroinvertebrate and fish communities and their physical habitat within
the Cache la Poudre Watershed.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Moutaz Badawi, Buyer II at
abadawi@fcgov.com, no later than 3:00 PM MT on March 14th, 2025. Please format your e-
mail to include: RFP 10114 Biological Monitoring Services in the subject line. Questions received
after this deadline may not be answered. Responses to all questions submitted before the
deadline will be addressed in an addendum and posted on the on the Rocky Mountain E-
Purchasing System webpage. A copy of the RFP may be obtained at
http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers 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 Service Providers 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. Service Providers may
Financial Services
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nd Floor
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970.221.6707
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RFP 10114 Biological Monitoring Services
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Service Providers 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 and financial data information man not be disclosed by the City.
Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this
RFP, Service Providers hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions of any contract resulting from this
request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins
reserves the right to reject any and all proposals and to waive any irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Providers shall be required to sign the City’s Agreement prior to
commencing services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Service Providers to
conduct biological monitoring of macroinvertebrate and fish communities and their
physical habitat within the Cache la Poudre Watershed.
B. Background
Fort Collins is a vibrant community of approximately 170,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles
in size and is the northern extension of the “Colorado Front Range” urban corridor. The
City’s population includes over 32,000 college students.
The City of Fort Collins Utilities (Utilities) serves more than 65,000 (both single family
and multi-family) electric customers with total annual sales of approximately 1,500
gigawatt-hours. Utilities also provides water, wastewater and storm water services. More
information about Fort Collins Utilities can be found at www.fcgov.com/utilities. Within
this group of residential customers, approximately 26,000 single family homes also
receive water services.
Fort Collins Utilities leads or otherwise participates in several water quality monitoring
programs within the Cache la Poudre Watershed (see descriptions below). These
programs are designed to evaluate short and long-term trends in source water quality;
address National Point Source Discharge Elimination System (NPDES) permit
requirements; evaluate the ecological health of the Poudre River; and support permitting
for the Halligan Water Supply Project. All of these programs include biological
monitoring.
1. UCLP Collaborative Monitoring Program
The Upper Cache la Poudre Watershed (UCLP) is an important source of raw water for
the City of Fort Collins, the City of Greeley and Soldier Canyon Water Treatment
Authority. The UCLP Watershed Collaborative Monitoring Program
(https://www.fcgov.com/utilities/what-we-do/water/water-quality/source-water-monitoring)
was established in 2008 and consists of The City of Fort Collins, City of Greeley,
Northern Water Conservancy District, Soldier Canyon Water Treatment Authority and the
City of Thornton. Water quality monitoring is conducted from April through November at
strategically located sites throughout the UCLP. Macroinvertebrate sampling is
conducted once per year at five study sites (Exhibit A).
2. Lower Poudre River Monitoring Alliance (LPRMA)
The Lower Cache la Poudre River Monitoring Alliance (LPRMA) is a group that operates
a collaborative Water Quality Monitoring Program (Program) among entities that operate
NPDES-permitted wastewater treatment facilities, and is focused on NPDES permit
compliance, among other goals and objectives. The parties currently participating in this
program include City of Fort Collins, City of Greeley, Town of Windsor, Boxelder
Sanitation District, South Fort Collins Sanitation District, Front Range Energy and Leprino
Foods. Each of these parties operates one or more NPDES-permitted wastewater
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treatment facilities along the lower Cache la Poudre River. Benefits of this collaborative
program to each participating party include but are not necessarily limited to reduced
water quality monitoring costs; access to certain water quality data collected pursuant to
this Agreement; and an open forum for data and information exchange and
communication between the Parties. Study sites are situated along the Cache la Poudre
River from approximately Linden Street in Fort Collins downstream to Fern Avenue in
Greeley. Macroinvertebrate samples are collected twice per year and fish samples once
per year at four study sites as part of this program (see Exhibit A).
3. State of the Poudre: A River Health Assessment and Report Card (RHAF)
The City of Fort Collins Natural Areas Department and Utilities Watershed Program
developed the RHAF in 2016 as the first holistic ecological assessment of Poudre River
from the canyon mouth downstream to I-25. Six key indicator groups were used to
evaluate the river: streamflow, sediment, river channel, water quality, aquatic life and
riparian corridor. The River Health Report Card provides A-F letter grades
(https://www.fcgov.com/poudrereportcard/pdf/sopr2016.pdf) and a mapping tool is also
available: https://gisweb.fcgov.com/Html5Viewer/index.html?viewer=poudre%20
score%20card. The aquatic life indicator group is evaluated using macroinvertebrate data
collected as part of the UCLP, LPRMA monitoring programs and additional sites specific
to the RHAF that are listed in Exhibit A.
4. Halligan Water Supply Project
Halligan Reservoir is located about 25 miles northwest of Fort Collins on the North Fork
of the Cache la Poudre River (“North Fork”) in Larimer County. The Halligan Water
Supply Project will enlarge Halligan Reservoir and add an additional storage capacity of
approximately 8,100 ac-ft to target storage of 14, 525 acre-feet to the existing reservoir.
The Halligan Project is necessary to meet water demand of future Fort Collins Utilities’
customers with a secondary benefit of added reliability for current customers.
The City of Fort Collins is working toward a 401 Water Quality Certification for this
project with the Colorado Department of Public Health and Environment Water Quality
Control Division (WQCD). Physical, chemical and biological water quality data are being
collected as part of this process, including macroinvertebrate and pebble count data at
several sites on the North Fork Poudre River (see Exhibit A).
II. SCOPE OF PROPOSAL
C. Scope of Work
1. Fish Monitoring
Utilities would like qualified Service Providers to conduct annual biological monitoring of
fish communities at four study sites within the lower Cache la Poudre Watershed, see
Exhibit A. Survey dates will be updated each year in an annual operating plan for the
LPRMA program, but generally will occur during the first week of November each year. It
is important to note, however, that Utilities reserves the right to add or remove sites
and/or change site locations or dates between annual monitoring events. The Service
Provider shall conduct all aspects of biological monitoring and analyses including, but
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not limited to scheduling sampling dates, surveying study sites prior to sampling,
collecting fish samples, measuring and weighing individual fish samples and identifying
taxa to the lowest practical taxonomic level, and analyzing resultant taxonomic data.
a. Habitat Assessment
The habitat characteristics of each study site will be surveyed and recorded prior to fish
sampling. The Rapid Bio Habitat Assessment (RBA) methodology used by the U.S.
Geological Survey and the U.S. Environmental Protection Agency’s Environmental
Mapping and Assessment Protocol (EMAP) will be used to assess habitat characteristics
at each study site. As part of the habitat assessment, GPS coordinates will be taken,
and photographs will document the upstream and downstream boundaries of each study
site. Field notes and photographs will also be used to record any other relevant
observations.
b. Fish Community Surveys
Study reaches will be 200 meters in length, including 100 meters upstream and
downstream of the study site. To ensure no fish can escape or enter a study reach, the
downstream and upstream extents will be blocked with 3/16-inch mesh block nets. Three
biologists will survey each reach with a backpack electroshocker, dip nets and/or a
seine.
The habitat type (depth) and water conductivity will determine if the shocker or seine is
used (i.e., too high or too low for shocking effectiveness). In both cases, surveys will
begin at the downstream end of the reach and proceed in an upstream direction so that
the current will carry fish towards the sampling gear and disturbed sediment flows
behind the biologist.
c. Electroshocking
When electroshocking, two biologists will use dip nets to collect stunned fish behind the
biologist operating the electroshocker. The electroshocker will be set at the lowest
possible setting to turn fish (stun fish long enough to lose equilibrium and turn sideways
for easy capture) without shocking them enough to cause injury. Shocking will stop at
the end of each targeted habitat type or if the aerated bucket is reaching holding
capacity. Electroshocking effort will be recorded in seconds and Catch Per Unit Effort
(CPUE) of shocking will be recorded as fish per hour, the standard unit for
electroshocking.
d. Seine
In the event that the conductivity of the water in a selected reach is too high or too low
for shocking to be effective or if a riffle is too shallow to shock effectively, a 5-m long x 1-
m high seine with 3/16-inch mesh seine will be used. Pool and run habitat will be
sampled by pulling the seine upstream through the habitat and into a clear bank to
capture fish. Shallow riffle habitat will be surveyed by holding the seine across the
downstream end and kicking from the upstream end to the seine to drive any fish into
the seine. CPUE of the seine will be calculated by catch per area, which is the length
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and height of the seine multiplied by the distance the seine is pulled. These metrics will
be recorded into the tablet at each sampling event to ensure accuracy.
e. Fish Care
Utmost care will be taken while handling fish during surveys so that they may be
returned to the stream in good health. The Service Provider will use aerated buckets,
cooled with ice bags if water temperatures exceed 65º F (24º C) to avoid lethal stress to
cold water species. In addition, the electroshocker will be set at the lowest power
needed to stun fish for effective sampling. All fish will be processed in the shade.
f. Fish Population and Community Metrics
All captured fish will be identified to species and total length (mm) and weight (grams)
will be measured. Shocking time (seconds) and seine haul area will be recorded in order
to calculate CPUE. Any observations of diseased or deformed fish will also be recorded
during sampling. All data will be stored in an electronic database for analyses. Field
forms ensure data is complete and accurate and include GPS location with every entry
and photograph taken. Metrics will be calculated and included in an electronic format
along with the raw fisheries data. Fish population and community metrics that will be
calculated include species diversity, abundance, relative abundance, biomass, CPUE,
and length-frequency histograms.
2. Macroinvertebrate Monitoring
The Service Provider shall provide annual macroinvertebrate monitoring, including
scheduling sampling dates, surveying study sites prior to sampling, collecting
macroinvertebrate samples, sorting samples and identifying taxa, and analyzing
resultant taxonomic data using water quality-focused and ecological community metrics.
Monitoring shall occur at sites that are currently part of the three collaborative programs
described above, see Exhibit A. Survey dates will be updated each year in annual
operating plan for each program. It is important to note, however, that Utilities reserves
the right to add or remove sites and/or change site locations between scheduled
monitoring events.
Riffle habitat must be targeted for sampling at all study sites. Study sites should be
surveyed prior to any sample collection to evaluate site characteristics and to identify
representative sample riffle(s). The same sample riffle(s) should be sampled at each
sampling event each year unless it is necessary to change the location. Samples should
generally be collected within or near the thalweg and riffle margins should be avoided.
Photographs of the sample riffle(s), coordinates and any relevant field notes should be
recorded during the initial site survey as well as during each subsequent sampling event.
Any additional field sampling recommendations should be described in sufficient detail
within proposals.
Three (3) replicate Hess samples will be taken from representative riffle habitat at each
location during each sampling event. Substrate within each sample will be thoroughly
agitated and individual rocks scrubbed by hand to dislodge benthic organisms. All
macroinvertebrates will be rinsed into sample jars and preserved in 80% ethanol solution
before they are transported to the Service Provider’s lab. All components of the Hess
Sampler and sieves used in this study will be restricted to 500μm mesh. Each sample jar
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will be labeled on the inside and outside of the container with the date, location, and
sample ID number. Coordinates of site locations will be verified during field work, and
photographs and field notes will be taken at each site and on each sampling occasion.
Samples will be stored and analyzed under conditions that prevent tampering by non-
laboratory personnel.
The sorting process will involve separating debris from macroinvertebrates in each
sample in the laboratory. All macroinvertebrates will be removed from each sample and
separated into coarse taxonomic groups. Identification and enumeration will be
conducted for each sample in its entirety. Macroinvertebrates will be identified to a
taxonomic level that is (at least) consistent with the Operational Taxonomic Unit (OTU)
established by the CDPHE. Taxa in the family Chironomidae will also be identified to the
genus level. When physical characteristics and species keys permit, some benthic
macroinvertebrates may be identified to lower taxonomic levels. All organisms are to be
identified to the “lowest practical taxonomic level”, which will generally be genus or
species; however, identifications to family may be necessary for immature or damaged
specimens.
All organisms are to be identified to the “lowest practical taxonomic level”, which will
generally be genus or species; however, identifications to family may be necessary for
immature or damaged specimens. The Service Provider shall ensure that all sorted
macroinvertebrate samples will be checked by a qualified taxonomist, and a qualified
individual will check identifications in approximately 10% of the samples and be
consulted to confirm identifications in all cases where the identification of a specimen
that is difficult or questionable. Proposals should include a sufficiently detailed
description of all field and laboratory quality assurance and quality control procedures.
Proposals should include a list of suggested macroinvertebrate metrics for the three
programs described above and a brief description of the usefulness of each. CDPHE’s
Multimetric Index must be included in analyses.
3. Pebble Counts
Pebble count studies at four sites on the North Fork Poudre River will be conducted
according to the CDPHE Standard Operating Procedures for Pebble Counts. Each
sampling location/reach will be divided into 21 transects where pebbles will be collected.
The reach will be determined by calculating the average wetted width of the stream
based on the measured width at 3 to 5 locations. This value will be multiplied by 40, then
divided into 21 transects that are separated by a roughly equal distance. Sites will be
positioned around established macroinvertebrate sampling locations. At each transect,
one pebble will be collected at five sampling points located at the 0, 25, 50, 75, and 100
percent positions which will be determined using a measuring tape. The 0 and 100
percent positions will represent the right and left banks of the wetted channel. The
pebbles collected at each sampling point will be determined by placing a measuring point
perpendicular to the measuring tape and dropping it into the substrate. All pebbles will be
measured using a Gravelometer based on the width of the intermediate axis and using
the ‘smaller than’ approach. All 105 pebbles will be recorded using the pebble count data
sheet created by the CDPHE. Field work will be performed by properly trained field
personnel to collect all data according to Standard Operating Procedures outlined by the
CDPHE.
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4. Data Analysis
a. Fish
Length-frequency histograms reflect the population structure of a fish species, assuming
the capture techniques can capture all size classes of the fish. The histograms show the
distribution of size (length) groups and can be compared over time to assist in
understanding the dynamics of a population as it reflects the interaction of rates of
reproduction, recruitment, growth, and mortality of the measured population. CPUE will
be used as an index of population density. The basic assumption is CPUE is
proportional to stock density, as true population densities are rarely known. Changes in
CPUE are an indicator of changes in species abundance as long as methodologies are
standardized (replication of gear type, location, and timing of effort). CPUE does not
typically follow a normal distribution curve unless species are caught in high densities.
To compensate for this limitation, the 50th percentile (median) is the best descriptive
statistic. Service Provider will show CPUE as fish/time for shocking, and fish/unit area for
seining.
b. Macroinvertebrates
Data entry will consist of the construction of a “species list” that will be specific to each
site and sampling date. Macroinvertebrate data analysis will include:
• Calculation of the Multi-Metric Index (MMI) that has been adopted by the
Colorado Water Quality Control Division (WQCD). Metrics used by the WQCD for
site classes 1 and 3 (Colorado transition zone and plains zone) currently include:
Percent Non-Insect Taxa, EP Taxa, Percent Chironomidae, Percent Sensitive
Plains Families, Predator-Shredder Taxa, Clinger Taxa, Insect Taxa, Percent
Dominant Taxa, and Sprawler Taxa. These metrics will be employed at the
specified site locations to assist in the evaluation of these data.
• A selection of individual metrics specifically chosen to address potential
perturbations in this study area. These additional analysis tools will include the
following metrics: Shannon-Weaver Diversity, EPT index, HBI, Taxa Richness,
Density, and analysis of Functional Feeding Groups.
c. Sediment
There is an existing Sediment Total Maximum Daily Load (TMDL) study for a section of
the North Fork Poudre River below Halligan Reservoir. Sediment impacts to aquatic life
will be evaluated each year at the four North Fork Poudre River Study sites sampled as
part of the Halligan Water Quality Monitoring Program will be calculated, as described in
the Colorado Department of Environmental Quality’s Policy 98-1, Section IV A, 1-5
(https://cdphe.colorado.gov/water-quality/water-quality-engagement/policy-98-1-
sediment-guidance). In addition, fish spawning habitat will be evaluated for sediment
impacts each year using methods described in Policy 98-1, Section IV B. These
analyses will occur at one of the four North Fork Poudre River study sites where trout
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spawning is known to occur. The study site for these analyses will be selected in
consultation with Colorado Parks and Wildlife (CPW)and CDPHE staff to address the
TMDL and Policy 98-1 requirements.
Data Transfer
The Service Provider will transfer all data including all field sheets, bench sheets, raw
macroinvertebrate data, tables and figures that demonstrate the results from the applied
metrics. All data and other information generated from this monitoring, as well as
associated invoice(s) must be submitted to the City’s project manager within 9 months of
the date a study site(s) was sampled. All data and other information must be submitted
in electronic format, such as Microsoft Excel, Word or PDF and sent via email.
Reporting
Analytical results from each sampling event will be provided in brief technical memos
that summarize findings and include tables and figures that describe results.
Additional Information
The Service Provider shall assume:
• City staff would arrange access to sampling locations on private property prior to
the Service Provider beginning field work. Once initial access agreements are in
place, the Service Provider will be responsible for as-needed coordination with
property owners such as passage through locked gates, etc.
• Service Provider will provide regular sampling schedule, access, and status
updates to the City via email, phone, or meetings.
• Service Provider is responsible for obtaining any necessary sampling permit(s).
• Service Provider should follow rigorous health and safety protocols and
incorporate these into the health and safety plan. Please note that some sample
collection sites are in remote areas that may involve limited communication
services, rough 4WD roads, hiking, rugged conditions, wildlife, and variable
weather including wind, snow, rain, and temperature fluctuations.
• The Service Provider is responsible for providing the appropriate remote-site
safety and sampling equipment such as high-visibility vests, hard hats, waders,
waterproof boots, personal floatation devices, GPS, sample collection
equipment and containers, and field data sheets/logbooks.
The City would like the Service Provider to support a range of biological services and
projects to complete the goals and mission of the City’s Utilities program. During the
term of this contract, the City may have additional, unanticipated biological monitoring
services that may be needed that are beyond the projects currently listed in this scope of
work.
D. Deliverables
All data and other information generated from this monitoring as well as summary memos
must be submitted to the City’s Project Manager in electronic format such as Microsoft
Excel, Word, or PDF within nine (9) months of the date of sampling.
E. Minimum Qualifications
Minimum of three (3) years of experience with biological monitoring and assessment.
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F. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time. ]
• RFP issuance: February 28th, 2025
• Question deadline: 3:00 PM MT on March 14th, 2025
• Final Addendum Issued: March 21st, 2025
• Proposal due date: 3:00 PM MT on March 31st, 2025
G. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
H. Award
The initial term of the Agreement will be for one (1) year and may be extended for
additional one (1) year periods not to exceed two (2) additional one year periods. In
subsequent years, rates shall be escalated no more than three percent (3%) per year.
I. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Service Provider will be required
to provide original receipts to the City for all travel expenses.
J. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider(s); therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
K. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
L. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
M. Laws and Regulations
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The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
N. Work Orders
The awarded Service Provider(s) will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section VI for reference purposes. In the
event that the City has agreements with multiple Service Providers for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Service Providers or assign Work Orders directly to a Service Provider at its sole
discretion. Selection for individual Work Orders may be based on, but not limited to,
availability, approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order will be considered valid until signed, at a minimum, by the Service
Provider, 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 Service Provider, project manager and Purchasing
Department representative.
O. 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 Service Provider each month
following the submittal of a correct invoice by the Service Provider 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
Service Provider and the City will negotiate an appropriate unit price for the service prior
to the Service Provider initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of thirty (30) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Authorization form). Font shall be a
minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
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Service Providers 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 Service
Providers 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 Service
Providers include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews on the proposed dates as stated
in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
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
subconsultant.
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D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. The résumés shall include at least three individual references from
previous assignments.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three (3) similar projects with public agencies (not
to include the City of Fort Collins) in the last 5 years that have involved the staff and
subcontractors/subconsultants proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, subconsultants on the team and a brief description of the work and any
change orders. The Service Provider authorizes the City to verify any and all
information contained herein and hereby releases all those concerned providing
information as a reference from any liability in connection with any information
provided.
5. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
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.
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b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title
and employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for the Scope of Proposal. Price all additional
services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. 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. Service Provider will be
required to provide original receipts to the City for all travel expenses.
5. The preference is that there are no markups, but if markups are necessary, no greater
than 7.5% markup will be allowed on direct costs or subcontractors.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Service Providers may be
conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
CRITERIA
NUMBER
CRITERIA WEIGHTING FACTOR
1 FIRM CAPABILITY AND EXPIERENCE 45%
2 COST AND WORK HOURS 30%
3 PROJECT APPROACH 20%
4 SUSTAINABILITY/TBL METHODOLOGY 5%
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V. ACKNOWLEDGEMENT
Service Provider 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 10114 Biological Monitoring Services and sample
Agreement except as otherwise noted. Additionally, Service Provider 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
Service Provider’s knowledge and belief.
b. Service Provider 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. Service Provider further agrees that the method of award is acceptable.
e. Service Provider 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. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. 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.
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Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Email 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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MASTER SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER 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], (SERVICE PROVIDER).
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 SERVICE PROVIDER 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 [# of Pages] 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 SERVICE PROVIDER for the same pursuant to this AGREEMENT. Irrespective of
references to certain named third parties within this AGREEMENT or any Work Order, the
SERVICE PROVIDER 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 [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be initiated as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties 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 [choose one] additional one-
year period(s). Renewals and pricing changes shall be negotiated by and agreed to by the
parties only at the time of renewal. [Any price changes shall not exceed percent (%)
per annual renewal]. Written notice of renewal shall be provided to the SERVICE
PROVIDER no later than thirty (30) days before AGREEMENT end. Should written notice
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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 SERVICE PROVIDER.
In the event of early termination by the CITY, the SERVICE PROVIDER shall be paid for
Services rendered to the date of termination, subject only to the satisfactory performance of
the SERVICE PROVIDER’s obligations under this AGREEMENT. SERVICE PROVIDER
shall submit a final invoice within ten (10) calendar days of the effective date of termination.
Payment shall be the SERVICE PROVIDER’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:
SERVICE PROVIDER: 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 SERVICE PROVIDER [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. Partial payments based upon the SERVICE PROVIDER’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 SERVICE PROVIDER’s City-
verified progress in completing the Service(s) to be performed pursuant to the Work Order
and upon approval of the SERVICE PROVIDER’s direct reimbursable expenses. Payment
shall be made following acceptance by the CITY of the Services.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project
Manager. The cost of the Services completed shall be paid to the SERVICE PROVIDER
following the submittal of a correct itemized invoice by the SERVICE PROVIDER. The CITY
is exempt from sales and use tax. The CITY’s Certificate of Exemption license number is
09804502. A copy of the tax exempt license is available upon written request.
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The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The SERVICE PROVIDER 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 SERVICE
PROVIDER, and the Project Instruments as defined in the Project Instruments and License
Section below. The SERVICE PROVIDER shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies from such standards.
9. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the
CITY, and its officers, agents 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 SERVICE PROVIDER 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 fees.
10. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit
[choose one] consisting of [# of Pages], 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 AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the SERVICE PROVIDER 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
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reasonably authorized by the CITY to reproduce and utilize the Project Instruments for
similar projects, provided however, in such event the SERVICE PROVIDER shall not
be held responsible for the design to the extent the CITY deviates from the Project
Instruments. This license shall survive termination of the AGREEMENT by default or
otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by
the SERVICE PROVIDER shall become the CITY’s property. The SERVICE
PROVIDER shall provide the CITY with the Project Instruments in electronic format in
a mutually agreed upon file type.
13. CITY Project Manager. The CITY Project Manager will be shown on the specific Work Order
and shall make, within the scope of the CITY 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 orders 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 SERVICE PROVIDER 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 SERVICE PROVIDER’s compensation
hereunder for the payment of FICA, Worker’s Compensation, unemployment insurance,
other taxes or benefits or for any other purpose.
16. Personal Services. It is understood that the CITY enters into the AGREEMENT based on
the special abilities of the SERVICE PROVIDER and that this AGREEMENT shall be
considered as an AGREEMENT for personal services. Accordingly, the SERVICE
PROVIDER shall neither assign any responsibilities nor delegate any duties arising under
the AGREEMENT without the prior written consent of the CITY.
17. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the
Work set forth in the subsequent Work Orders without the prior written consent of the CITY,
which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder
(with the consent of the CITY), then the following provisions shall apply:
a. the subcontractor must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work;
b. the subcontractor will be required to comply with all applicable terms of this
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AGREEMENT;
c. the subcontract will not create any contractual relationship between any such
subcontractor and the CITY, nor will it obligate the CITY to pay or see to the payment of
any subcontractor; and
d. the work of the subcontractor will be subject to inspection by the CITY to the same extent
as the work of the SERVICE PROVIDER.
The SERVICE PROVIDER 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 [choose one]. The SERVICE
PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate
evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide
the CITY with a copy of the certificate(s) within two (2) business days.
The SERVICE PROVIDER 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 SERVICE PROVIDER 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 the CITY under this AGREEMENT.
19. Warranty.
a. SERVICE PROVIDER warrants that all Services performed hereunder shall be
performed with the highest degree of competence and care in accordance with
accepted standards for Services of a similar nature.
b. Unless otherwise provided in the AGREEMENT, all materials and equipment
incorporated into any Services shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all Services shall
be acceptable to CITY.
c. SERVICE PROVIDER warrants all equipment, materials, labor and other Services,
provided under this AGREEMENT, except CITY-furnished materials, equipment and
labor, against defects and nonconformances in design, materials and Service quality
for the original manufacturer’s warranty term or a period beginning with the start of
the Services and ending twelve (12) months from and after final acceptance under
the AGREEMENT, whichever is time is longer, regardless of whether the same were
furnished or performed by SERVICE PROVIDER or by any of its subcontractors of
any tier. Upon receipt of written notice from the CITY of any such defect or
nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by SERVICE PROVIDER in a manner and at a time acceptable to CITY.
20. Default. Each and every term and condition hereof shall be deemed to be a material element
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of this AGREEMENT. In the event either party should fail or refuse to perform according to
the terms of this AGREEMENT, that party may be declared in default upon notice.
21. 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.
22. 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
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.
23. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY subsequently agrees in writing that the matter may be heard in federal court, venue
will be in Denver District Court 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 such holding shall not invalidate or render unenforceable any other provision of
this AGREEMENT.
24. Use by Other Agencies. The CITY reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the CITY’s award determination to the SERVICE PROVIDER. Use by any other entity
shall not have a negative impact on the CITY in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for
the CITY in connection with the exercise of any rights hereunder, and neither party shall
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have any right or authority to assume or create any obligation or responsibility on behalf of
the other. The other Agency shall be solely responsible for any debts, liabilities, damages,
claims or expenses incurred in connection with any agreement established solely between
the Agency and the SERVICE PROVIDER. The CITY’s concurrence hereunder is subject
to the SERVICE PROVIDER’s commitment that this authorization shall not have a negative
impact on the work to be completed for the CITY.
25. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER 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 he or she has been discriminated against in
violation of the above policy or participating in an employment discrimination proceeding.
The SERVICE PROVIDER 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 vendors and their subcontractors at every tier.
26. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
SERVICE PROVIDER agrees to meet all the requirements of the Americans with Disabilities
Act of 1990, § 24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA),
and all applicable Colorado public accommodation laws, which are imposed directly on the
SERVICE PROVIDER, or which would be imposed on the CITY as a public entity.
27. Technology Accessibility. The SERVICE PROVIDER 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. The SERVICE PROVIDER 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 SERVICE PROVIDER
may be required to demonstrate compliance. The SERVICE PROVIDER shall indemnify,
save, and hold harmless the CITY against any and all costs, expenses, claims, damages,
liability, court awards and other amounts (including attorney fees and related costs) incurred
by the CITY in relation to the SERVICE PROVIDER’s failure to comply with C.R.S. §
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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 SERVICE PROVIDER’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).
28. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations
and laws, specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 (the Privacy Act).
SERVICE PROVIDER 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, SERVICE PROVIDER shall require that any subcontractors meet the obligations
of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT
and corresponding Work Orders. The parties agree that upon termination of the Services
that SERVICE PROVIDER 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. SERVICE PROVIDER
shall make available to the CITY all information necessary to demonstrate compliance with
the obligations of the Privacy Act. SERVICE PROVIDER shall allow for, and contribute to,
reasonable audits and inspections by the CITY or the CITY’s designated auditor.
29. 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.
30. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201
(CORA), and that this AGREEMENT and any Work Orders, Amendments, Project
Instruments, and other documents in the CITY’s possession may be considered public
records subject to disclosure under CORA. The SERVICE PROVIDER hereby waives any
claim for damages against the CITY for the CITY’s efforts to comply with CORA.
31. Delay. Time is of the essence. Subject to the Force Majeure section of this AGREEMENT, if the SERVICE
PROVIDER is temporarily delayed in whole or in part from performing its obligations, then the SERVICE
PROVIDER 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.
32. 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
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by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by 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 SERVICE PROVIDER must provide written notice to the CITY of
such condition within ten (10) days from the onset of such condition.
33. Dust Control. The SERVICE PROVIDER shall abide by the CITY’s “Dust Control and
Prevention Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated
herein by this reference. The CITY has implemented this manual for all projects performed
for the CITY or located within Fort Collins city limits.
34. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages, attached hereto and incorporated herein.
35. 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.
36. 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 SERVICE
PROVIDER harmless; requires the CITY to agree to binding arbitration; limits SERVICE
PROVIDER’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:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
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:
SERVICE PROVIDER 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.
SERVICE PROVIDER: ____________________________ 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 SERVICES
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: [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
SERVICE PROVIDER: ____________________________ 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 [CHOOSE ONE]
INSURANCE REQUIREMENTS
The SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER, insurance as the CITY may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the SERVICE PROVIDER 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
SERVICE PROVIDER'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 SERVICE PROVIDER shall maintain
Worker’s Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the SERVICE PROVIDER'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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER shall maintain errors and omissions
insurance in the amount of $1,000,000.
E. Cybersecurity. The SERVICE PROVIDER shall maintain cybersecurity insurance in the
amount of $5,000,000.
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EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this AGREEMENT.
All insurance policies required by this AGREEMENT that are not provided through self-insurance
shall be issued by insurance companies with an AM Best rating of A-VIII or better.
A. Local Agency Insurance. Local Agency is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, §24-10- 101, et seq., C.R.S. (the “GIA”) and shall maintain at all
times during the term of this AGREEMENT such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements. Local Agency shall ensure that each Subcontractor that is a
public entity within the meaning of the GIA, maintains at all times during the terms of this
AGREEMENT, such liability insurance, by commercial policy or self-insurance, as is
necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall ensure
that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at
all times during the terms of this AGREEMENT all of the following insurance policies:
i. Workers’ Compensation Workers’ compensation insurance as required by state statute,
and employers’ liability insurance covering all Local Agency or Subcontractor employees
acting within the course and scope of their employment.
ii. General Liability Commercial general liability insurance written on an Insurance Services
Office occurrence form, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability, personal
injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate; c. $1,000,000 products and completed operations
aggregate; and d. $50,000 any 1 fire.
iii. Automobile Liability. Automobile liability insurance covering any auto (including owned,
hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined
single limit.
iv. Protected Information Liability insurance covering all loss of State Confidential Information,
such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations
of privacy rights through improper use or disclosure of protected information with minimum
limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance. Professional liability insurance covering any damages
caused by an error, omission or any negligent act with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
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vi. Crime Insurance. Crime insurance including employee dishonesty coverage with minimum
limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability insurance covering all civil, regulatory and
statutory damages, contractual damages, data breach management exposure, and any
loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI,
and claims based on alleged violations of breach, violation or infringement of right to
privacy rights through improper use or disclosure of protect consumer data protection law,
confidentiality or other legal protection for personal information, as well as State
Confidential Information with minimum limits as follows: OLA #: 331003221 Routing #: 24-
HA4-XC-00244
a. $1,000,000 each occurrence; and b. $2,000,000 general aggregate.
C. Additional Insured.
1) The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed
operations) required of Local Agency and Subcontractors. In the event of cancellation of
any commercial general liability policy, the carrier shall provide at least 10 days prior
written notice to CDOT.
2) The CITY, its officers, agents and employees shall be named as additional insureds on
the SERVICE PROVIDER'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 certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
D. Primacy of Coverage. Coverage required of Local Agency and each Subcontractor shall be
primary over any insurance or self-insurance program carried by Local Agency or the State.
E. Cancellation. All commercial insurance policies shall include provisions preventing
cancellation or non-renewal, except for cancellation based on non-payment of premiums,
without at least 30 days prior notice to Local Agency and Local Agency shall forward such
notice to the State in accordance with §16 within 7 days of Local Agency’s receipt of such
notice.
F. Subrogation. Waiver All commercial insurance policies secured or maintained by Local
Agency or its Subcontractors in relation to this AGREEMENT shall include clauses stating that
each carrier shall waive all rights of recovery under subrogation or otherwise against Local
Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
G. Certificates. For each commercial insurance plan provided by Local Agency under this
Agreement, Local Agency shall provide to the State certificates evidencing Local Agency’s
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insurance coverage required in this Agreement within seven (7) Business Days following the
Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor
insurance coverage required under this Agreement within seven (7) Business Days following
the Effective Date, except that, if Local Agency’s subcontract is not in effect as of the Effective
Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local
Agency’s execution of the subcontract. No later than 15 days before the expiration date of
Local Agency’s or any Subcontractor’s coverage, Local Agency shall deliver to the State
certificates of insurance evidencing renewals of coverage. At any other time during the term
of this Agreement, upon request by the State, Local Agency shall, within seven (7) Business
Days following the request by the State, supply to the State evidence satisfactory to the State
of compliance with the provisions of this §12.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under
this AGREEMENT, the parties agree to comply with reasonable policies and procedures with
regard to the exchange and handling of confidential information and other sensitive materials
between the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this AGREEMENT and related to the services for which SERVICE
PROVIDER 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 Confidential Information. The CITY and SERVICE PROVIDER
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.
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SERVICE PROVIDER 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.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, SERVICE PROVIDER 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, SERVICE
PROVIDER 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.
SERVICE PROVIDER 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) SERVICE PROVIDER’s information security safeguards shall address the following
elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
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• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• 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. SERVICE PROVIDER may use subcontractors, though such activity shall
not release or absolve SERVICE PROVIDER 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 SERVICE
PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER breaches any of the terms of this Exhibit, in
the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and
withdraw SERVICE PROVIDER’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.
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12. Injunctive Relief. SERVICE PROVIDER 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
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.