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HomeMy WebLinkAboutRFP - 10132 Dive Team ServicesRFP 10132 Dive Team Services REQUEST FOR PROPOSAL RFP 10132 DIVE TEAM SERVICES RFP DUE: 3:00 PM MT (Mountain Time), July 7th, 2025 The City of Fort Collins (City) is seeking proposals from qualified Service Providers for inspection, repair, and emergency response services on behalf of the One Water Utility related to submerged infrastructure in raw water and finished water environments. The anticipated services will require visual and physical access to submerged environments via diving or Remote Operated Vehicle (ROV) methods. This work would be on an on-call and as-needed basis. 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 JD McCune, Senior Buyer at jmccune@fcgov.com, no later than 3:00 PM MT on June 23rd, 2025. Please format your e- mail to include: RFP 10132 Dive Team 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. nd Floor 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 10132 Dive Team Services 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 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, RFP 10132 Dive Team Services Gerry Paul Purchasing Director Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 4 of 14 I. BACKGROUND & OBJECTIVE A. Objective The City of Fort Collins (City) is seeking proposals from qualified Service Providers for inspection, repair, and emergency response services on behalf of the One Water Utility related to submerged infrastructure in raw water and finished water environments. The anticipated services will require visual and physical access to submerged environments via diving or Remote Operated Vehicle (ROV) methods. This work would be on an on- call and as-needed basis. B. Background The City owns and operates numerous reservoirs, diversions, and water tanks that store raw water and finished water. This infrastructure requires regular inspections and maintenance that may need to occur in a submerged environment. Depending on the infrastructure, divers and confined space entrance may be required. Repairs may require the Service Provider to have experience with underwater construction, including welding. The water infrastructure that may need diving or ROV services include the following: • Joe Wright Reservoir located on Cameron Pass • Poudre River Intake located at Gateway Natural Area along the Poudre River • Two underground concrete finished water tanks located at the Water Treatment Facility (WTF) • Foothills treated water storage tank located west of Overland Trail near Prospect Rd. • Goat Hill treated water storage tank located near LaPorte • Other water infrastructure II. SCOPE OF PROPOSAL C. Scope of Work The scope of this project is to provide dive and ROV inspection, repair, and emergency services on an as-needed basis for submerged water infrastructure. The City anticipates that the work may include routine inspections within reservoirs and tanks that may be completed with divers or ROV equipment. Potential work may also include repairs for ongoing maintenance or concerns resulting from the inspections. Emergency repairs may be needed to critical infrastructure that may include repairing gates, operators, gate stems, concrete, and linings. The selected Service Provider will be required to enter into a Services Agreement – Work Order type that defines each individual performance contract through Work Orders. The City expects the Service Provider to provide the dive and ROV services described in this RFP for induvial Work Orders across the contract term as needed. Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 5 of 14 Services may be completed at the following water infrastructure locations. Other City owned infrastructure requiring these dive and ROV services may also fall under this contract. 1. Joe Wright Reservoir Joe Wright Reservoir is a critical part of the City’s water supply and storage system. The reservoir stores a normal capacity of approximately 7,161 acre feet of raw water from the Michigan Ditch and Joe Wright Creek. Joe Wright Dam (aka Cameron Pass, Mountain Supply #20) was completed in 1980 and is classified as a high hazard dam by the Colorado Division of Water Resources, Dam Safety Branch (SEO). The reservoir is located approximately 3 miles east of Cameron Pass along Highway 14. The dam consists of a 148-foot tall earthen embankment, 72-inch reinforced concrete pipe (RCP) outlet conduit through the embankment, concrete intake upstream of the embankment, concrete outlet control tower within the embankment, service spillway incorporated into the outlet control tower, and uncontrolled concrete emergency spillway. The concrete intake is typically submerged beneath the reservoir and has a slot for stop logs or a bulkhead should the upstream gate chamber need to be drained. The outlet control tower houses three manually operated slide gates: one upstream and one downstream 42-inch high-pressure slide gates at the base of the tower in line with the outlet conduit and one 6-inch knife gate valve mounted higher within the tower. The 6-inch valve is used for low-flow releases and the two larger gates are operated throughout the year for larger releases. The outlet has a maximum capacity of 710 cfs with the reservoir at the dam crest elevation of 9,978 feet. Dive services may be required to inspect and potentially repair the intake structure and the upstream slide gate. Both structures are submerged beneath the reservoir during typical operation. Access to the upstream slide gate requires entering a confined space vertically through the outlet tower and may be in a submerged condition unless a bulkhead is placed in the upstream intake structure. Diving is required to do any work on the upstream intake, including temporarily setting the bulkhead. Other services would be inspecting and potentially repairing the downstream slide gate and the low flow gate within confined space conditions. 2. Poudre River Intake The Poudre River intake is a diversion structure located at Gateway Natural Area within the Poudre Canyon that diverts raw water from the Cache la Poudre River to waterlines that supply the WTF. The diversion is a concrete structure measuring approximately 10 feet high that spans the entire width of the river. A control structure is located on the right abutment of the diversion that includes headgates used to flush sediment and supply raw water to the waterlines. Dive and ROV inspection services may be required for inspecting the concrete of the diversion and control structure, inspecting the headgates, and observing sediment buildup upstream of the diversion structure. Potential repairs to the headgates or diversion structure may be needed based on the results of the inspections or operability concerns. The City does not have the ability to control the flow upstream Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 6 of 14 of the diversion, so maintenance and repairs would likely need to be completed in a submerged condition. 3. WTF Finished Water Tanks Two underground finished water tanks are located at the WTF. Each have a capacity of 15 million gallons and a maximum depth of 28 feet. Entry into the four finished water storage tanks (including the Foothills and Goat Hill tanks below) would require sanitary disinfection of all equipment prior to deployment. It is expected that most work performed here would likely be by ROV, rather than by divers, due to the difficulty in adequately disinfecting personnel. However, the opinion of the capabilities of the Service Provider will be considered when making this determination. 4. Foothills Finished Water Storage Tank This underground finished water storage tank is located in the foothills west of Fort Collins near the old Hughes Stadium site. This is a bifurcated tank with a total capacity of 4 million gallons Each side of the tank can be hydraulically isolated from the other. 5. Goat Hill Finished Water Storage Tank The fourth underground water tank stores finished water and is located in the foothills northwest of Fort Collins near the town of Laporte. This tank has a capacity of 1.5 million gallons. It is expected that work in the raw water infrastructure would be the primary work involved in this contract. Work in the finished water tanks would likely be very rare. Dam safety inspections occur at Joe Wright Dam annually and outcomes from those inspections may require the dive contractor to mobilize. Joe Wright Dam and the Poudre River Intake are operated on a regular basis throughout the year, so potential for maintenance and repairs on this infrastructure may occur anytime throughout a year. Historically, diving at the raw water infrastructure has been required less than annually. Interested Service Providers should include the services of a qualified dive team, boat, barges, ROV and any equipment, materials, labor and incidentals necessary to accomplish this Scope of Work. The Service Provider will be expected to work as part of the City’s Evaluation Team, which may include the City, the City’s consulting engineer, and the State of Colorado Dam Safety Engineer. D. Deliverables The deliverables on work orders based on this contract may include electronic files containing video reconnaissance of infrastructure, measurements or other physical assessments of said infrastructure, and, when appropriate and necessary, repair work conducted on said infrastructure. Each project will be detailed in a scope of work as part of the Work Order. The Work Order will detail the specific deliverable requirements for each task within a project. The deliverables and other information included in the Work Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 7 of 14 Orders will be agreed upon by the City and the Service Provider at the time the project is being planned. E. Minimum Qualifications Service Providers must indicate in their proposal their capabilities of conducting various types of work in each of the environments described. Proposals from Service Providers capable of conducting some, but not all, types of work, or in some, but not all, of the environments described will be considered. 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: June 9th, 2025 • Question deadline: 3:00 PM MT on June 23rd, 2025 • Final Addendum Issued: June 30th, 2025 • Proposal due date: 3:00 PM MT on July 7th, 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. Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 8 of 14 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 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. Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 9 of 14 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. 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). Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 10 of 14 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. 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. Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 11 of 14 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. 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 Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 12 of 14 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. 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% Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 13 of 14 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 10132 Dive Team Services 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. Official Purchasing Document Last updated 5/2024 RFP 10132 Dive Team Services Page 14 of 14 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. Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 1 of 19 Official Purchasing Document Last updated 4/2025 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(Year) (the Effective Date) and shall continue in full force and effect until , 20(Year), 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 of renewal be delayed, the Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 2 of 19 Official Purchasing Document Last updated 4/2025 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: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this Agreement shall be written. 7. Compensation. In consideration of the Services to be performed pursuant to this Agreement, the City agrees to pay the 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. 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 Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 3 of 19 Official Purchasing Document Last updated 4/2025 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 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 Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 4 of 19 Official Purchasing Document Last updated 4/2025 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 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 Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 5 of 19 Official Purchasing Document Last updated 4/2025 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 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: Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 6 of 19 Official Purchasing Document Last updated 4/2025 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 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. Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 7 of 19 Official Purchasing Document Last updated 4/2025 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. § 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). Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 8 of 19 Official Purchasing Document Last updated 4/2025 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 Ac t. 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. Service Provider acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. The parties agree that this Agreement, all incorporated Exhibits, and all future Work Orders, unless specifically marked as Confidential, are considered public records under the 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 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. Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 9 of 19 Official Purchasing Document Last updated 4/2025 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] Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 10 of 19 Official Purchasing Document Last updated 4/2025 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 11 of 19 Official Purchasing Document Last updated 4/2025 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) Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 12 of 19 Official Purchasing Document Last updated 4/2025 EXHIBIT B GENERAL SCOPE OF SERVICES Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 13 of 19 Official Purchasing Document Last updated 4/2025 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) Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 14 of 19 Official Purchasing Document Last updated 4/2025 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. Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 15 of 19 Official Purchasing Document Last updated 4/2025 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 prope rty 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. Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 16 of 19 Official Purchasing Document Last updated 4/2025 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 t o 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. 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. Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 17 of 19 Official Purchasing Document Last updated 4/2025 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 limit ation, 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) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 18 of 19 Official Purchasing Document Last updated 4/2025 • 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. 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 Master Services Agreement – Work Order Type RFP/BID [ # & Title] Page 19 of 19 Official Purchasing Document Last updated 4/2025 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.