HomeMy WebLinkAboutRFP - 10181 Consulting Services - Water Treatment Facility Comprehensive PlanRFP 10181 Consulting Services - Water Treatment Facility Comprehensive Plan Page 1 of 37
REQUEST FOR PROPOSAL
10181 CONSULTING SERVICES – WATER TREATMENT COMPREHENSIVE PLAN
RFP DUE: 3:00 PM MT (Mountain Time), July 23, 2025
The City of Fort Collins (City) is requesting proposals from qualified Consultants to provide
planning services for the 20-year comprehensive plan for the Water Treatment Facility including
the treatment facility, storage tanks, lift stations, and raw water infrastructure.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 2:00 PM MT on June 24, 2025. The pre-proposal
meeting will be hosted remote via Microsoft TEAMS. Please use the link bellow to access the
meeting:
Microsoft Teams Need help?
Join the meeting now
Meeting ID: 240 004 695 821 7
Passcode: VJ7jA7uk
All questions should be submitted, at any time prior to the deadline for questions, in
writing via email, to Jake Rector, Senior Buyer at jrector@fcgov.com, no later than 3:00 PM
MT on July 9, 2025. Please format your e-mail to include: RFP 10181 Consulting Services –
Water Treatment Comprehensive Plan in the subject line. Questions received after this deadline
may not be answered. Responses to all questions submitted before the deadline will be
addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10181 Consulting Services - Water Treatment Facility Comprehensive Plan Page 2 of 37
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 Consultants to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party Consultants and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Consultants may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, Consultants 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, Consultants hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from
this request for proposal will be public information.
Consultant Registration: The City requires new Consultants receiving awards from the City to
submit IRS form W-9 and requires all Consultants to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
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Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Consultant shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10181 Consulting Services - Water Treatment Facility Comprehensive Plan Page 4 of 37
I. OBJECTIVE & BACKGROUND
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified engineering consultant Service
Providers/Professionals to provide services for the comprehensive plan of the Water Treatment Facility
(WTF) Program including the treatment facility, raw water infrastructure, lift stations, and storage facilities.
B. Background
The City has several assets combined to create the Water Treatment Facility Program.
Water Treatment Facility (WTF)
The Water Treatment Facility currently uses conventional treatment techniques to provide water to the
service area of the City of Fort Collins. It is rated for 87 million gallons per day (87 MGD), but can turn
down to approximately 12 MGD. Half of the facility is turned off in the colder months when demand is
less.
Two sources supply the service area.
1. Colorado Big Thompson Water, a trans-basin source stored in Horsetooth Reservoir delivered
through a 54” pipe; the facility is located at the base of the dam.
2. Poudre River Water stored in Joe Wright Reservoir and delivered to the facility via two different
pipes from diversions in the river post storage.
Raw Water Infrastructure
The City of Fort Collins mainly stores water in two reservoirs: Horsetooth and Joe Wright. Regionally,
there are several reservoirs and the water rights portfolio of the City is vast, storing small amounts in
other locations. All water is delivered to the WTF either through a 54” pipe from Horsetooth Reservoir or
through a 36” pipe from the Poudre River. The City also receives water from the Poudre Valley
Pipeline, which is used less frequently.
Poudre River Water is delivered from Joe Wright Reservoir through the river to Gateway Natural Area.
There, a 27” pipe carries water down the canyon to connect to the 36” pipe that flows into the WTF.
There is another 24” pipe parallel to the 27” pipe and also connects to the 36” pipe into the WTF. The
conditions of the raw water pipes from the Poudre River is poor at this time.
Storage
The City owns and maintains two storage tanks outside the fence line of the WTF. The first is the Goat
Storage Tank outside Laporte. The second storage facility is located on the Maxwell Trail.
The City of Fort Collins completed the last comprehensive plan effort for the water treatment program in
2015. Per industry best practices, the City intends to update the plan every five years. The plan in 2025
will include the scope outlined in the following sections. A copy of the previous plan deliverables can be
found in:
Attachment A – Water Treatment Facilities 2015 Master Plan
Attachment B – Strategic Asset Management Plan
Attachment C – Water Quality Report
II. SCOPE OF PROPOSAL
A. Project Scope Overview
This Water Treatment Facility Comprehensive Plan is intended to be an update to the Master Plan
completed in 2015. The scope below outlines updates, but also a few new categories based on
changes in the organization over the past 10 years. Consultants are expected to, at a minimum,
complete the following,
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1. Workshops covering a variety of topics.
2. Page flip workshops for each deliverable.
3. Review of Existing
a. Water Efficiency Plan
b. Attachment C - Water Quality Report
c. Emergency Management Plans
d. Attachment B - Strategic Asset Management Plan
e. Previous Water Treatment Plan
4. High, medium and low prioritized project lists using a weighted criterion matrix.
5. Condition assessment consistent with the Attachment B - Strategic Asset Management Plan
(SAMP) at the Gateway Diversion, storage tanks, and the water treatment facility. Raw water
lines will be documented as best as possible with limited access. Each item below should be
evaluated:
a. Structural
b. Mechanical
c. HVAC
d. Electrical and Instrumentation & Control
e. Summary of significant findings
f. Condition Assessment workshop with internal City of Fort Collins stakeholders
6. Long Range Planning
a. 20-Year demand analysis including population projections using the Water Efficiency
Plan.
b. Policy and treatment goals: treatment guarantees at the upper and lower limits of
production from the WTF.
c. Changing Water Quality and Treatment Alternatives Analysis to continue current
produced water quality.
d. Page flip workshop for the current and future state section of the master plan.
7. Innovation and Regional Partnership Opportunities
a. Establish Levels of Service
b. Evaluate potential partnership opportunities both inside and outside the City of Fort
Collins One Water Organization. This can include, but is not limited to, other districts,
other City departments, funding opportunities, and overall watershed health.
c. One workshop to define metrics for levels of service.
d. Page flip workshop for the treatment alternative analysis section of the master plan.
8. Project Prioritizing and Budget
a. High priority project list with current value estimates per project.
b. Medium priority project list with current value estimates per project.
c. Low priority project list with current value estimates per project.
B. Scope of Work
The scope of this project is to create a cohesive look at the Water Production Program at the City through the
following: condition assessment, workshops with internal City employees, and a written document with a clear
depiction of workshops, condition assessment, and prioritized project list.
Task 1 – Project Management and Administration
Subtask 1.1: General Project Management
Time for this task is allocated to the Consultant Project Manager to oversee and administer the project
and may include the following activities.
✓ Kickoff meeting
✓ Project meetings
✓ Workshop facilitation
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✓ Workshop preparation with City Project Manager and other internal Stakeholders as necessary
✓ Project/schedule review meetings
Deliverables:
✓ Consultant to provide meeting agendas and notes / minutes.
Subtask 1.2: Project Controls and Reporting
Prepare monthly invoices and submit to the Owner in an approved format. Invoices shall be broken
down by task, Prime Consultant, and Subconsultants and include the following:
✓ Total contract amount
✓ Detailed charges for the current invoice period
✓ Total charges to date
✓ Previous billings
✓ Outstanding balance
✓ Percent Billed
✓ Current amount remaining
✓ Total amount due
The Consultant shall be responsible for the management of the Consultant and the
Subconsultant Project Team’s overall project controls, actively coordinating with the Owner’s Project
Manager to manage the following:
✓ Project costs
✓ Project schedule
✓ Document control
Monthly project status reports shall be prepared and submitted to the Owner, along with the monthly
invoices. The reports shall include the following:
✓ A summary of services completed since the previous report
✓ The current project schedule and budget status
✓ Project issues and potential change logs
✓ Milestones and/or deliverables scheduled in the coming month
All documents shall be provided electronically and compatible with:
✓ Microsoft Office (Word, Excel, Power Point, Etc.)
✓ Adobe Acrobat (pdf Files)
✓ AutoCAD (Version 2017)
✓ ArcGIS Pro (Version 2.9)
Deliverables:
✓ Monthly invoices
✓ Monthly project status reports
✓ Project schedule tracking
Task 2 – Condition Assessment
Subtask 2.1: Weighted Criterion
Create an agreed-upon set of criterion based on previous master plans and the SAMP to assess
condition of assets. A condition score calculated based on the SAMP requirements will be used. Select
assets (specifically structural) will be given a Likelihood of Failure (LOF) based on a weight and score
for each of the categories below. There can be more than one performance category:
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:
Select assets (specifically structural) category will then be given a Consequence of Failure (COF) score
based on weight and score for each of the categories below:
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Weights for each category will be determined in a workshop. The Risk Score will be created by
multiplying the LOF and the COF.
.
Deliverables:
✓ Condition assessment score workshop.
✓ Descriptions for scoring.
Subtask 2.2: Condition Assessment
Develop an assembly-level condition assessment for all assets including, but not limited to:
✓ Structural – the majority of the condition assessment will be structural information.
✓ Mechanical
✓ HVAC
✓ E and I&C
✓ Identify actual vs. anticipated life span for each asset
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The condition assessment is a key piece of the comprehensive plan. Since the last update, the City has
started to work in Maximo and develop more structure around assets. Any work done on a condition
assessment should integrate both the new systems in place as well as historical planning efforts.
The condition assessment needs to align with the Strategic Asset Management Plan (SAMP) recently
developed by the One Water utility. Each asset will need to provide the information below, as available
or applicable, in the condition assessment:
Data Type Business Critical Attributes As Defined in the SAMP
Identification ID
Name
Description
Location
Owner
GPS Coordinates (X, Y, and Z)
General Operating Status
Install Date
Warranty Period
Warranty Start Date
Maintained By
Failure Mode
Reference Information Drawing Number
Sheet Number
General Comments
Physical Attribution Varies by Asset Class, but may include:
Nameplate Data; Material; Size; Capacity
Operating Attribution Utilization (hours, milage)
Lifecycle Information Estimated Useful Life
Remaining Useful Life
Financial Capital Funding Source
Original Cost
Replacement Cost
Lifecycle Cost
Safety Lock out – tag out
Right Of Way Flag
Confined Space (Y/N)
Risk Information LOF Score
COF Score
Risk Score
Maintenance Rehab Type
Rehab History
Deliverables: All deliverables should be in Microsoft Xcel or Word.
✓ Summary of significant findings.
✓ Proposed project list based on condition assessment score per asset.
o Projects must identify what specific asset is in need of attention, not just the overall
system it is in.
o Each project must identify why it is listed in the order it is.
✓ Condition Assessment findings workshop.
✓ Draft copy of Condition Assessment with page flip workshop.
o Document should include number of hours per asset or number of work orders per asset
based on City’s data.
✓ Final copy of Condition Assessment with page flip workshop.
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Task 3 – Long Range Planning
a. 20-Year demand analysis including population projections using the Water Efficiency
Plan.
b. Policy and treatment goals: treatment guarantees at the upper and lower limits of
production from the WTF.
c. Page flip workshop for the current and future state section of the comprehensive plan.
The goal of this portion of the comprehensive plan is to identify gaps in services based on demand
(high and low) projections for the next 20 years. The consultant should perform the following tasks at a
minimum to assist in anticipating any such gaps:
Subtask 3.1: 20-year Demand Projections
The City of Fort Collins recently completed their Water Efficiency Plan. The consultant should take into
consideration previous data, growth projections, and estimates from the Water Efficiency Plan to project
demand for the 20-year horizon.
Deliverables:
✓ Demand Workshop.
Subtask 3.2 Capacity and Quality Analysis
The consultant should use the 20-year projections to determine high and low demands. When the
facility was designed, demand was different, as were expectations for water quality. Based on the
current configuration of the facility, the consultant will:
✓ Determine water quality at the peak demand for the facility.
✓ Determine water quality at the lowest demand for the facility.
Deliverables:
✓ Hydraulic and process models and report of anticipated water quality for high and low demand
based on 20-year projections.
Subtask 3.3 Changing Water Quality and Treatment Alternatives
Based on the Water Quality Report and trends in the raw water quality over the past several years, it is
obvious water quality is changing. The consultant will take existing information and best project what
types of changes in water quality will likely occur in the Poudre and Colorado-Big Thompson (C-BT)
Watersheds.
✓ List potential water quality concerns anticipated in the next 20 years based on water quality
report, previous trends, and other similar utility’s findings.
✓ Create a list of alternatives that could be used to continue producing similar water quality from
the Water Treatment Facility. This could include rearranging current technologies or
operational shifts.
✓ Include information from the Urban Wildfire Preparedness Team and the Emergency Response
Plan for potential operational shifts based on differing water quality for temporary changes in
water quality as well.
All treatment alternatives should include the following:
✓ Capital and maintenance costs.
✓ Timeline to be compliant with regulations.
✓ Pros and cons
✓ Recommended option should be included in the Comprehensive Plan.
Deliverables:
✓ Documented potential changes in water quality and potential treatment alternatives to continue
producing similar quality water.
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✓ Minimum two workshops for information gathering.
Task 4 – Innovation and Partnerships
Subtask 4.1: Levels of Service
The City has broad levels of service identified for the Utility, but there aren’t metrics associated with
each program. The consultant will work with staff to determine metrics for each level of service.
Current levels of service for the Water Production Program are the following:
✓ Customer Service: Cultivate relationships that achieve 80% customer satisfaction by providing
sustainable delivery of reliable utilities, diverse programs/services and superior customer
interactions, in addition to the education and management of resource conservation and
efficient use of the services we provide.
✓ Safety/Security: Provide safe products and services to customers while ensuring safe working
conditions for employees. Maintain the security of our assets and systems through strategic
investments and risk mitigation.
✓ Quality: Exceed water quality standards and regulatory requirements. Practice continuous
improvement to ensure accurate billing, timely service, and properly trained staff.
✓ Reliability: Apply predictive and preventative programs to our assets. Meet customer
expectations to eliminate and or minimize service interruptions and ensure adequate capacity.
✓ Resilience: Provide cost-competitive services by making good investments, performing asset
management, maximize efficiency or any other means of lowering environmental impacts over
both short and long term timelines. Implement continuous improvement practices to maintain
adaptability to change.
Deliverables:
✓ Levels of Service workshop.
✓ Metrics for each Level of Service specific to the Water Production Program.
Subtask 4.2: Innovation
The Water Treatment Facility has an ethos around innovation and sustainability. There are several
areas where there could be potential improvement. The consultant should consider the following:
✓ Energy efficiency and potential alternative energy sources.
✓ Solids handling technologies.
✓ New optimization tactics that have been successful elsewhere.
✓ Other innovative ideas that could benefit the facility and the City of Fort Collins.
Deliverables:
✓ Innovation Workshop
✓ List of recommendations for innovations.
Subtask 4.3: One Water Partnerships
The City of Fort Collins is shifting to a more One Water mindset. The Water Production Program would
like to consider how the program can integrate more with other sections of the One Water Utility.
✓ Opportunities for watershed health that could come from the Water Treatment Facility.
✓ Identify how projects identified in the Plan will impact other areas of the One Water Utility (for
example ortho phosphate impacts on the Water Reclamation Facility).
Deliverables
✓ List of One Water opportunities and partnerships.
Task 5 – Project Prioritization and Budget
The project prioritization will assist the City with budgeting in the coming years. The following must be
included for each project listed:
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✓ Write a description of which projects, why, and their priority. The City will determine specific
dates for when projects will be completed.
✓ The consultant is expected to create a list with high, medium, and low priority projects.
✓ Provide descriptions based on the other sections of the Comprehensive Plan as to why a priority
scale was assigned.
✓ Class 5 Opinion of Probable Construction Cost based on AACE per project.
Deliverables:
✓ Prioritized project list with Opinion of Probable Cost and justification.
Task 6 – Comprehensive Plan Integration
Prepare a document containing pertinent information from Tasks 2-5. Any action items from workshops
should be completed prior to the completion of the Comprehensive Plan unless the project manager
grants permission. The Comprehensive Plan should include references from one section to another and
read a cohesive document.
Deliverables:
✓ Executive Summary
✓ Draft Comprehensive Plan
✓ Draft Comprehensive Plan page flip workshop
✓ Written Draft Comprehensive Plan comment resolution
✓ Final Comprehensive Plan
✓ Final Comprehensive Plan page flip workshop
✓ Written Final Comprehensive Plan comment resolution
✓ Supporting documentation including models, opinions of probable cost spreadsheets, and any
other supporting data.
C. Milestones
Consultant will produce a schedule to review with project team at weekly meetings. The Comprehensive
Plan should be completed by October 2026.
D. Minimum Qualifications
1. Professional Engineer on the team registered in Colorado.
2. Minimum of three (3) similar projects with public agencies or five (5) years of experience as a team.
III. GENERAL INFORMATION
A. Anticipated RFP Schedule
The following represents the City’s target schedule for the RFP. The City reserves the right to amend the
target schedule at any time.
• RFP issuance: June 16, 2025
• Pre-Proposal Meeting: 2:00 PM MT on June 24, 2025
• Question deadline: 3:00 PM MT on July 9, 2025
• Proposal due date: 3:00 PM MT on July 23, 2025
• Interviews (tentative): Week of August 11, 2025
• Award of Contract (tentative): September 2025
B. Interviews
In addition to submitting a written proposal, the top-rated Consultants may be interviewed by the RFP
assessment team and asked to participate in an oral presentation to provide an overview of the company,
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approach to the project and to address questions. The evaluation criteria for the oral interviews will be
the same as the criteria for the written evaluations and is included in Section IV.
C. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be reimbursable per the
current rates found at www.gsa.gov. Service Provider/Consultant will be required to provide original
receipts to the City for all travel expenses.
D. Subcontractors/Subconsultants
Consultant will be responsible for identifying any subcontractors and/or subconsultants in their proposal.
Please note that the City will contract solely with the awarded Consultant; therefore, subcontractors
and/or subconsultants will be the responsibility of the Consultant.
E. Financial Qualifications
Consultants selected as finalists may be required to submit a banking reference and the most recent
financial statement (audited preferred) including balance sheet and income statement, as well as a
statement of cash flows (the “Financial Information”).
F. Current Standards
All work and/or materials must meet current standards in force by recognized technical and professional
societies, trade and materials supply associations, institutes and organizations, bureaus and testing
laboratories, and national, federal, state, county, and local laws, codes and ordinances.
G. Fees, Licenses, Permits
The successful Consultant shall be responsible for obtaining any necessary licenses, fees or permits
without additional expense to the City. All vehicles and equipment shall be properly licensed and insured,
carry the appropriate permits and be placarded as required by law.
H. Laws and Regulations
The Consultant agrees to comply fully with all applicable local, State of Colorado and Federal laws and
regulations and municipal ordinances to include American Disabilities Act (ADA).
I. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost
of the work completed shall be paid to the Consultant each month following the submittal of a correct
invoice by the Consultant indicating the project name, Purchase Order number, task description, hours
worked, personnel/work type category, hourly rate for each employee/work type category, date of the
work performed specific to the task, percentage of that work that has been completed by task, 3 rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the event a service
is requested which is not stated in the Work Order and/or Agreement, the Consultant and the City will
negotiate an appropriate unit price for the service prior to the Consultant initiating such work.
The City pays invoices on Net 30 terms. 5% retainage will be withheld on all Work Orders until Final
Completion is accepted by the City.
IV. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty (20) 8 ½” x 11” pages (excluding
cover pages, table of contents, dividers and Authorization form, but including resumes and references).
Font shall be a minimum of 10 Arial and margins are limited to no less than 0.5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing.
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Links to other files or websites shall not be permitted. Proposals are expected to demonstrate the firm’s
qualifications, experience, time and materials, and no conceptual design is necessary. Proposals that do
not conform to these requirements may be rejected.
Consultants are required to provide detailed written responses to the following items in the order outlined
below. The responses shall be considered technical offers of what Consultants propose to provide and
shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not
include all the information required may be deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested the Consultants include
each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation
of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the program
offered, including a general description of the program and any unique aspects or benefits provided
by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed dates as
stated in the Schedule section.
B. Consultant Information
1. Describe the Consultant’s business and background.
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 including the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s Project
Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants.
Include all applicable information herein requested for each Consultant.
7. Can the work be completed in the necessary timeframe or earlier, with target start and completion
dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if required?
9. Is the project team and pertinent noted Consultant’s team members available to consistently
attend meetings as required by the Scope of Work?
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10. Provide an outline of the schedule for completing tasks, with Tasks and subtasks as milestones.
Identify additional tasks if it is recommended they be included.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar projects, to
include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the
names of all key personnel and subconsultants with titles and their specific task assignment for
this Agreement shall be provided in this section.
2. Provide resumes for each Consultant 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
(with professional licenses and certifications) proposed to perform the services described above.
4. References. Provide a minimum of three (3) similar projects with public agencies or five (5)
years Have experience with water treatment comprehensive plans where the proposed team
worked together, and
5. Have worked with regulatory agencies like CDPHE and other permitting capabilities relevant to
this project.
6. Provide an Organization Chart/Proposed Project Team: An organization chart containing the
names of all key personnel and sub consultants with titles and their specific task assignment for
this Agreement shall be provided in this section.
7. A list of qualifications for your firm and qualifications and experience, including resumes, of the
specific staff members proposed to perform the consulting services described above.
8. Provide project descriptions of work performed and references for each of the Preferred
Qualifications & Experience listed above and note which Qualification the example/experience
meets. Include the owner’s name, title of project, beginning price, ending price, contact name,
email and phone number, staff proposed for these services, subconsultants on the team and
any change orders.
9. Identify the top three references Consultant suggests the City contact. Complete the attached
exhibit, Preferred Qualifications & Experience as part of your response regarding your firm’s
experience. If Consultant has worked for the City of Fort Collins, provide two references beyond
the City reference. The Consultant authorizes City to verify all information contained in the
Consultant’s submittal from references contained herein and hereby releases all those
concerned providing information as a reference from any liability in connection with any
information they give.
10. Key personnel cannot be taken off the project without owner approval. If key personnel must
leave the project, the consultant team and owner team will meet to discuss a transition plan and
updated schedule.
11. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s commitment to
sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in determining the final
Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social, environmental, and
economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide
examples along with any metrics used to measure success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable
practices in previous similar projects on which your firm has been the prime Consultant.
Some examples are provided below:
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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.
E. 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. Include a per meeting rate in the event additional
meetings are needed. A fee schedule for subconsultants/subcontractors, if used, shall be
included.
4. All indirect costs with the exception of travel are to be included in the hourly labor rates. Travel
expenses may be reimbursable per the Work Order and current rates found at www.gsa.gov.
Consultant will be required to provide original receipts to the City for all travel expenses. Provide
an estimated dollar amount for each phase (30%, 60%, 90%) of travel.
F. Sample Agreement
Included with this request for proposals is a sample Agreement the City intends to use for obtaining
the services of the Consultant. The Consultant is required to review this Agreement, copy attached
in Section VII, and indicate any objections to the terms of the contract. If revisions to the contractual
terms are requested, provide suggested revisions.
G. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form indicating the
Consultant hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that the Consultant has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP.
V. REVIEW AND ASSESSMENT CRITERIA
Proposal and Interview Criteria
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Consultants will be evaluated on the following criteria. This set of criteria will be the basis for review and
assessment of the written proposals and optional interview session. At the discretion of the City,
interviews of the top-rated Consultants may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5
means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that
category.
Evaluation of Cost & Work Hours Category will consider the following:
1. Appropriate hour allocation for all skill levels.
2. Reasonable and appropriate effort for all tasks.
3. Transparent and competitive rates
4. Total cost
5. If applicable, added value for additional scope items proposed.
WEIGHTING FACTOR CATEGORY
20% Project Approach & Schedule
40% Firm Capability & Experience
10% Sustainability/TBL Methodology
30% Cost & Work Hours
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VI. ACKNOWLEDGEMENT
Consultant hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges
that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in
the RFP 10181 CONSULTING SERVICES – WATER TREATMENT FACILITY COMPREHENSIVE PLAN
and sample Agreement except as otherwise noted. Additionally, Consultant hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the Consultant’s
knowledge and belief.
b. Consultant commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Consultant further agrees that the method of award is acceptable.
e. Consultant also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days
of notice of award. If contract is not completed and signed within 10 days, City reserves the right to
cancel and award to the next highest rated firm.
f. Consultant acknowledges receipt of addenda.
g. Consultant acknowledges no conflict of interest.
h. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under
Colorado Open Records Act (CORA). Consultant hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
This Master Professional Services Agreement (Agreement) made and entered into the
day and year set forth in the Agreement Period section below, by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) [enter state]
[business type] (Professional).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The Professional agrees to provide Services in accordance with any
project Work Orders for 10181 Consulting Services – Water Tratment Facility
Comprehensive Plan, issued by the City. Such Work Orders will be incorporated into this
Agreement. A blank sample of a Work Order is attached hereto as Exhibit A, consisting of
one (1) page and incorporated herein. A general Scope of Services is attached hereto as
Exhibit B, consisting of [# of Pages] and incorporated herein. The City reserves the right to
independently solicit any project rather than issuing a Work Order to the Professional for the
same pursuant to this Agreement. Irrespective of references to certain named third parties
within this Agreement or any Work Order, the Professional shall be solely responsible for
performance of all duties hereunder. The term Service as used in this Agreement shall
include the Services and deliverables contained in any Work Order issued by the City.
The City may, at any time during the term of a particular Work Order and without invalidating
the Work Order, make changes to the scope of the particular Service. Changes shall be
agreed upon in writing by the parties by Change Order, a sample of which is attached hereto
as Exhibit C, consisting of one (1) page and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this Agreement shall be
performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This Agreement shall commence , 20(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 four (4) additional one-year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties only at
the time of renewal. Written notice of renewal shall be provided to the Professional no later
than thirty (30) days before Agreement end. Should written notice of renewal be delayed,
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the parties agree that this Agreement may automatically extend on a month-to-month basis
until a renewal is completed. Upon expiration of the final renewal term, the Agreement may
continue but not to exceed one (1) year if required to complete any active Work Orders in
accordance with Section 8-186 of City Code.
5. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause or penalty by providing at least ten (10)
calendar days written notice of termination to the Professional.
In the event of early termination by the City, the Professional shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
Professional 's obligations under this Agreement. Professional shall submit a final invoice
within ten (10) calendar days of the effective date of termination. Payment shall be the
Professional's sole right and remedy for termination.
6. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Professional: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Kelly Wasserbach
PO Box 580
Fort Collins, CO 80522
kwasserbach@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Professional on a time and reimbursable direct cost basis as
designated in Exhibit D, consisting of [# of Pages], attached and incorporated herein. At the
election of the City, each Work Order may contain a maximum fee, which shall be negotiated
by the parties hereto for each Work Order. Partial payments based upon the Professional’s
billings and itemized statements are permissible as defined in the applicable Work Order.
The amounts of any partial payments shall be based upon the Professional’s City-verified
progress in completing the Service(s) to be performed pursuant to the Work Order and upon
approval of the Professional’s direct reimbursable expenses. Payment shall be made
following acceptance of the Services by the City.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the Professional following the
submittal of a correct itemized invoice by the Professional. The City is exempt from sales
and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of
the license is available upon written request.
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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 Professional warrants and shall be responsible for the
Professional quality, technical accuracy, accessibility requirements under ADA and Public
Accommodations and Technology Accessibility sections below, timely completion and the
coordination of all Services rendered by the Professional, and the Project Instruments as
defined in the Project Instruments and License section below. The Professional shall,
without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies from such standards.
9. Indemnification. The Professional shall indemnify, defend, and hold harmless the City and
its officers and employees, to the maximum extent permitted under Colorado law, against
and from any and all actions, suits, claims, demands, or liability of any character whatsoever
claimed by the Professional or third parties against the City arising out of or related to this
Agreement (not limited to contract, tort, intellectual property, accessibility, or otherwise).
This obligation extends to reimbursement of the City's costs and reasonable attorney’s fees.
10. Insurance. The Professional shall maintain insurance in accordance with Exhibit E,
consisting of one (1) page, attached hereto and incorporated herein.
11. Appropriation. To the extent this Agreement, or any provision in it, requires payment of any
nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by the
Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have
no obligation to continue this Agreement in any fiscal year for which there are no pledged
cash reserves or supporting appropriations pledged irrevocably for purposes of payment
obligations herein. Non-appropriation by the City shall not be construed as a breach of this
Agreement.
12. Project Instruments and License.
a. Upon execution of this Agreement, the Professional grants to the City an irrevocable,
unlimited and royalty free license to use any and all sketches, drawings, as -builts,
specifications, designs, blueprints, data files, calculations, studies, analysis, renderings,
models, plans, reports, and other Work Order deliverables (Project Instruments), in any
form whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the City substantially
performs its obligations under the Agreement. The license granted hereunder permits
the City and third parties reasonably authorized by the City to reproduce applicable
portions of the Project Instruments for use in performing the Services or construction for
the project. In addition, the license granted hereunder shall permit the City and third
parties reasonably authorized by the City to reproduce and utilize the Project
Instruments for similar projects, provided however, in such event the Professional shall
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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
Professional shall become the City’s property. The Professional shall provide the City
with the Project Instruments in electronic format in a mutually agreed upon file type.
13. City Project Manager. The City’s Project Manager will be shown on the specific Work Order
and shall make, within the scope of the Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change order and other clarification or instruction
shall be directed to the City Project Manager.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the City Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the Professional are those of an
independent contractor and not of an employee of the City. The City shall not be responsible
for withholding any portion of the Professional's compensation hereunder for the payment
of FICA, Workers' Compensation, unemployment insurance, other taxes or benefits or for
any other purpose.
16. Personal Services. It is understood that the City enters into this Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior
written consent of the City.
17. Subcontractors/Subconsultants. The Professional may not subcontract any of the Service(s)
set forth in any Work Order without the prior written consent of the City, which shall not be
unreasonably withheld. If any of the Services is subcontracted hereunder, with the consent
of the City, then the following provisions shall apply:
a. the subcontractor/subconsultant must be a reputable, qualified firm with an established
record of successful performance in its respective trade performing identical or
substantially similar Services;
b. the subcontractor/subconsultant will be required to comply with all applicable terms of
this Agreement;
c. the subcontract will not create any contractual relationship between any
subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the
payment of any subcontractor/subconsultant; and
d. the Services of the subcontractor/subconsultant will be subject to inspection by the City
to the same extent as the Service(s) of the Professional.
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The Professional shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the City as an additional insured under
this Agreement in accordance with Exhibit E. The Professional shall maintain a copy of
each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon
request, the Professional shall promptly provide the City with a copy of the certificate(s)
within two (2) business days.
The Professional shall be responsible for any liability directly or indirectly arising out of the
Services performed under this Agreement by a subcontractor/subconsultant, which liability
is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The City's approval of Project Instruments furnished hereunder
shall not in any way relieve the Professional of responsibility for the quality or technical
accuracy of the Services. The City's approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail to or refuse to perform according to
the terms of this Agreement, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the Agreement and seek damages;
b. treat the Agreement as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
Agreement of the parties regarding this transaction and the matter recited herein. This
Agreement shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The Agreement shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties. In 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.
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22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this Agreement —without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
City subsequently agrees in writing that the matter may be heard in federal court, venue will
be in U.S. District Court for the District of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, that
holding shall not invalidate or render unenforceable any other provision of this Agreement.
23. Use by Other Agencies. The City reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the City’s award determination to the Professional. Use by any other entity shall not
have a negative impact on the City in the current term or in any future terms. Nothing herein
shall be deemed to authorize or empower the Agency to act as an agent for the C ity in
connection with the exercise of any rights hereunder, and neither party shall have any right
or authority to assume or create any obligation or responsibility on behalf of the other. The
other Agency shall be solely responsible for any debts, liabilities, damages, claims or
expenses incurred in connection with any agreement established solely between the
Agency and the Professional. The City’s concurrence hereunder is subject to the
Professional’s commitment that this authorization shall not have a negative impact on the
Services to be completed for the City.
24. Prohibition Against Unlawful Discrimination. The Professional acknowledges that the City,
in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42
US.C. § 2000d to 2000d-4) , 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, se xual orientation,
genetic information, or other characteristics protected by law. Pursuant to City policy, sexual
orientation means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that the employee has been discriminated against in violation of
the above policy or participating in an employment discrimination proceeding.
The Professional shall comply with the City’s policy for equal employment opportunity and
to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party subcontractors/subconsultants at every tier.
25. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
Professional agrees to meet all the requirements of the Americans with Disabilities Act of
1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable
Colorado public accommodation laws, which are imposed directly on the Professional or
which would be imposed on the City as a public entity.
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26. Technology Accessibility. The Professional represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24 -85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Professional shall also comply with all State of Colorado technology standards related
to technology accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the Professional may be
required to demonstrate compliance. The Professional shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the City
in relation to the Professional’s failure to comply with C.R.S. § 24-85-101, or the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
The City may require the Professional’s compliance to the State’s Accessibility Standards
to be determined by a third party selected by the City to attest to the Project Instruments
and software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for
Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5).
27. Data Privacy. Professional will comply with all applicable data privacy regulations and laws,
specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 et. seq. (the Privacy Act).
Professional shall ensure that each person processing any personal data connected to the
Services is subject to a duty of confidentiality with respect to the data. If applicable,
Professional shall require that any subcontractors meet the obligations of Professional with
respect to any personal data connected to this Agreement and corresponding Work Orders.
The Parties agree that upon termination of the Services that Professional shall, at the City’s
choice, delete or return all personal data to the City unless retention of the personal data is
required by law. Professional shall make available to the City all information necessary to
demonstrate compliance with the obligations of the Privacy Act. Professional shall allow
for, and contribute to, reasonable audits and inspections by the City or the City’s designated
auditor.
28. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable law.
29. Colorado Open Records Act. Professional 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
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records under the CORA.
30. Delay. Time is of the essence. Subject to Force Majeure section of this Agreement, if the Professional is
temporarily delayed in whole or in part from performing its obligations, then the Professional shall provide
written notice to the City within two (2) business days defining the nature of the delay. Provision of written
notice under this Section shall not operate as a waiver of any rights or benefits provided to the City under this
Agreement.
31. Force Majeure. No party hereto shall be considered in default in the performance of an
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 regul ations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Professional must provide notice to the City of such condition
within ten (10) days from the onset of the condition.
32. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting
of four (4) pages, attached hereto and incorporated herein by this reference.
33. Order of Precedence. In the event of a conflict or inconsistency within this Agreement, the
conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this Agreement (and any written amendment),
b. Exhibits to this Agreement,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
34. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the City to indemnify or hold Professional harmless;
requires the City to agree to binding arbitration; limits Professional’s liability; or that conflicts
with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 10181 Consulting Services – Water Treatment
Facility Comprehensive Plan
PROFESSIONAL MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Professional agrees to perform the Service(s) identified above and on the attached forms in
accordance with and subject to the terms and conditions contained herein and in the Master
Services Agreement (Agreement) between the parties. This Work Order is incorporated into the
Agreement, and the Agreement and all prior amendments or other modifications to the
Agreement, if any, remain in full force and effect. In the event of a conflict between or ambiguity
in the terms of the Agreement and this Work Order (including the attached forms) the Agreement
as set forth in the Order of Precedence section of the Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the A greement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, City Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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10181 Consulting Services – Water Treatment Facility Comprehensive Plan
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EXHIBIT B
GENERAL SCOPE OF WORK
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME: 10181 Consulting Services – Water Treatment
Facility Comprehensive Plan
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, City Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT D
COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal
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EXHIBIT E
INSURANCE REQUIREMENTS
The Professional will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Professional shall furnish the City with certificates of insurance showing the type, amount, class
of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Professional, insurance as the City may deem proper
and may deduct the cost of the insurance from any monies which may be due or become due the
Professional under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Professional's general liability and automobile liability insurance policies by marking the
appropriate box or adding a statement to this effect on the certificate, for any claims arising
out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this Agreement for all of
the Professional 's employees engaged in work performed under this Agreement. Workers'
Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000
per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as
required by Colorado law.
B. General Liability. The Professional shall maintain during the life of this Agreement General
Liability insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property damage
shall be on a (broad form) basis. The amount of insurance for General Liability shall not be
less than $1,000,000 combined single limits for bodily injury and property damage.
C. Automobile Liability. The Professional shall maintain during the life of this Agreement
Automobile Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability
shall not be less than $1,000,000 combined single limits for bodily injury and property damage.
D. Errors and Omissions. The Professional shall maintain errors and omissions insurance in the
amount of $1,000,000.
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EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Professional under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, City customer identifiable information (including account, address,
billing, consumption, contact, and other customer data), utility metering data, service billing
records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer
identifiable information in any form, whether or not bearing a mark of confidentiality or
otherwise requested by the City, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this Agreement and related to the services for which Professional has
been engaged shall be considered in the same manner and be subject to the same treatment
as the information disclosed after the execution of this Agreement with regard to protecting it
as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental to
Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The C ity and Professional shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this Agreement as an on-going obligation of the Parties.
Professional shall not use such information to obtain any economic or other benefit for itself,
or any third party, other than in the performance of obligations under this Agreement.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without 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, Professional must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take
appropriate steps to mitigate identity theft if it occurs with any of the City’s covered information
and must notify the City in writing within twenty-four (24) hours of discovery of any breaches
of security or Red Flags to the City.
7. Data Protection and Data Security.
Professional shall have in place information security safeguards designed to conform to or
exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requirin g any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) Professional’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
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• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. Professional may use subcontractors, though such activity shall not
release or absolve Professional from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and Confidential Information received, for any subcontractor Professional may use.
Accordingly, any release of data, confidential information, or failure to protect information
under this Agreement by a subcontractor or affiliated party shall be attributed to
Professional and may be considered to be a material breach of this Agreement.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the Professional can ensure security for the Confidential Information so stored.
Workstations or laptops to be used in the Services will be required to have personal firewalls
on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or Agreement and at any time
thereafter unless specifically authorized by the City in writing.
10. Termination Remedy. If Professional breaches any of the terms of this Exhibit, in the City’s
sole discretion, the City may immediately terminate this Agreement and withdraw
Professional’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this Agreement to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. Professional Receiving Party acknowledges that the Disclosing Party may,
based upon the representations made in this Agreement, disclose security information that is
critical to the continued success of the Discloser’s business. Accordingly, Receiving Party
agrees that the Disclosing Party does not have an adequate remedy at law for breach of this
Agreement and therefore, the Disclosing Party shall be entitled, as a non-exclusive remedy,
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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.
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