HomeMy WebLinkAboutRFP - 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water SupplyRFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
REQUEST FOR PROPOSALS
10186 HYDROELECTRIC PACKAGE DESIGN AND MANUFACTURING SERVICES -
HALLIGAN WATER SUPPLY PROJECT
PROPOSALS DUE: 3:00 PM MDT (our clock), August 11, 2025
The City of Fort Collins (City) is seeking proposals from qualified Contractors (Contractor)for the
design and manufacturing of an approximately 57 kW turbine-generator package (hydroelectric
package) located at the Halligan Dam near Livermore, CO. This RFP is part of the larger Halligan
Water Supply Project (HWSP) that includes the design and construction of a replacement Halligan
Dam to provide additional municipal raw water storage for Fort Collins Utilities. The hydroelectric
turbine will be part of the replacement Halligan Dam outlet works and provide power for operating
the facility. Requested services include design coordination with the Halligan design engineer and
City, manufacturing and delivery of the micro hydroelectric turbine, generator, and ancillary
components, installation oversight, testing and commissioning for all components required to
safely operate the package. It is expected that a separate general contractor contracted by the
City will install the equipment at the replacement dam outlet works .
Rocky Mountain E-Purchasing System hosted by Bidnet
As part of the City’s commitment to Sustainable Purchasing, 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 the system.
A pre-proposal meeting will be held at 10:00 AM MDT July 17, 2025. The pre-proposal
meeting will be hosted online via Microsoft Teams. Copy and paste or click the link below for
access to the meeting. Please enter your name, company name, and email address into the
chat as this is what will be used to create the attendance record.
Microsoft Teams Need help?
Join the meeting now
Meeting ID: 239 798 682 473
Passcode: xv3EV9yB
All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at
jrector@fcgov.com, no later than 3:00 PM MDT (our clock) on July 23, 2025. Please format
your e-mail to include: RFP 10186 Hydroelectric Package Design and Manufacturing Services -
Halligan Water Supply Project in the subject line. Questions received after this deadline may not
be answered. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted 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, 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
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
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,
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 Contractors 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 contractors and their subcontractors 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. Contractors may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING”. In this version of the
proposal, the Contractor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. 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
is not required to be disclosed by the City. Proposals may not be marked “Confidential” or
‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for
proposals will be public information.
New Contractors: The City requires new Contractors receiving awards from the City to fill out
and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed,
the W-9 form and the Contractor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Contractor Reference Documents.
Please do not submit with your proposal.
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 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 reserves the right to reject any and all proposals and to waive any irregularities or
informalities.
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
Utilization of Award by Other Agencies: The City 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 in the current term or in any future terms.
The selected Contractor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
I. GENERAL INFORMATION AND PROJECT TIMELINE & GOALS
A. General Information
The City, acting through Fort Collins Utilities (Fort Collins), is pursuing the HWSP, a
municipal water supply project. The HWSP primarily involves enlarging the existing
Halligan Reservoir on the North Fork of the Cache la Poudre River (North Fork), located
approximately 25 miles northwest of Fort Collins. The existing Halligan Reservoir
currently supplies water to shareholders of the North Poudre Irrigation Company (NPIC),
which would continue to use the historical reservoir pool of 6,400 acre-feet for municipal
and agricultural use. Fort Collins would store its water (8,200 acre-feet) in the enlarged
portion of the reservoir for a total enlarged capacity of approximately 14,600 acre-feet.
Fort Collins’ water would primarily come from water rights historic ally used to irrigate
low-developed lands in the Fort Collins area that have been transferred to municipal
use.
Since the release of the draft Environmental Impact Statement (EIS) in November 2019,
Fort Collins has modified their Proposed Action from rehabilitation and raising of the
existing dam to constructing a new dam, which is also referred to as the replacement
dam. Halligan Reservoir would be enlarged by replacing the existing 114-year-old dam
with a new dam constructed approximately 200 feet downstream of the existing dam.
The replacement dam would raise the existing reservoir elevation by approximately 25
feet.
The HWSP will include a micro-hydroelectric (57 kW) facility as part of the outlet works
and valve house of the replacement dam. The proposed hydroelectric facility would not
be connected to the grid and would provide partial power to the site for operations.
Additional or backup power needs would be provided by a generator.
The outlet works consists of a submerged intake structure leading to a 72-inch slide gate
mounted to the upstream face of the replacement dam. The intake structure and slide
gate allow operation of the 72-inch outlet works pipe that is approximately 200-ft in
length. The main 72-inch outlet pipe bifurcates down to a 24-inch (approximately 80-ft in
length) and 48-inch (approximately 35-ft in length) outlet pipe to allow variable flow
control of the outlet works and continues as a 24-inch steel pipe after the bifurcation.
The small-scale hydroelectric facility would be located within the valve house
downstream of the two bifurcations.
Flows from the outlet works, including the flow through the turbine, are planned to
discharge into the replacement dam’s spillway stilling basin and then enter the North
Fork of the Poudre River. The stilling basin is planned to provide final energy dissipation
for the outlet works flows, including the outfall from the turbine tailrace.
The HWSP includes several flow-related operational measures to re-establish perennial
flows into the North Fork. It is anticipated that the continuous base flows required to
meet summer and winter release requirements will flow through the turbine. Summer
releases will average 5 cfs, while winter releases will average 3 cfs. Approximately
3,300 ac-ft of water is anticipated to flow through the hydroelectric turbine on an annual
basis. Additional flows over the continuous base flows will likely also flow through the
turbine depending on the capacity of the package.
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
The HWSP design engineer developed a conceptual hydroelectric package
recommendation based on the replacement dam operating head and anticipated
operations. A 57-kW crossflow turbine unit was recommended for the replacement dam
based on the gross head of 104 feet and minimum flow of 3 cfs. The Contractor may
propose alternatives to a crossflow turbine as part of their proposals if they show it can
work with the requirements for the HWSP.
Additional information, including the valve house layout, and the key design parameters
are included in the following attachments to this RFP:
• Attachment A - Outlet works and valve house mechanical design plan and profile
– Draft 60% design plans of the outlet works and valve house configuration with
reference to the replacement dam and general planned location of the
hydroelectric turbine.
• Attachment B - Halligan Turbine – Generator Package Design Criteria – Design
criteria that includes key design parameters for the turbine and generator.
Project Goals:
• Provide reliable and sustainable electricity to operate the HWSP
• Capitalize on the planned year-round releases of North Fork river flows through
the HWSP
• Deliver electricity within a small footprint as part of the planned outlet works and
valve house of the replacement dam
• Minimize long-term maintenance and operations costs
• Develop a robust plan to execute the manufacturing and installation considering
safety and other project risks
B. Project Timeline
The HWSP replacement dam is being designed by AECOM Technical Service, Inc.
(design engineer). DITESCO Services LLC. is providing construction management and
general contract management (CM) support. The City has also contracted with Stanton
Constructability Services, LLC. for Independent Cost Estimating (ICE).
The replacement dam design is currently being progressed to a 60% completion level.
The plan and profile included with this RFP is part of the draft 60% design package. The
City and design engineer understand that turbine and generator systems vary by
supplier and want to coordinate with a Contractor that can design and supply the
package to fit the unique needs of the HWSP. The valve house, outlet works, and
spillway stilling basin design for the replacement dam depend on the Contractor
selected for this scope and the layout of the turbine, generator, and ancillary
components.
As detailed in the scope of work below, this hydroelectric package will be delivered
across three separate phases consisting of three work orders.
The following tentative timelines for design and phasing milestones are as follows:
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
Phase 1 – Design
Hydroelectric design kickoff September 2025
Hydroelectric Design Deliverable 1 – Layout &
Dimensions (see scope of work below for details) December 2025
Hydroelectric Design Deliverable 2 – Shop Drawings
(see scope of work below for details) March 2026
Phase 2 – Procurement & Manufacturing
Anticipated Hydroelectric Package procurement Late 2026*
Phase 3 – Startup & Commissioning
Anticipated hydroelectric package installation (by others) Late 2028*
Anticipated Replacement Dam Construction Completion Late 2029*
* Anticipated dates depend on permitting, HWSP funding, and general contractor
procurement status which may change. All timelines shown are tentative.
It is anticipated that the procurement of long-lead items required for the outlet works,
including the hydroelectric package, will occur upon issuance of Record of Decision and
general contractor procurement. The current construction sequencing shows that
approximately one year of construction will occur prior to the installation of the
hydroelectric components.
II. PROJECT SCOPE OF WORK AND OTHER REQUIREMENTS
A. Contractor Scope of Work
The City intends to include the hydroelectric package Contractor in the design process,
allow time for procurement of long-lead materials, and increase collaboration between the
City, design engineer, ICE, and CM. The selected Contractor will be required to enter into
a Services Agreement – Work Order type that defines each individual performance
contract (phase) through Work Orders. The City anticipates award of separate Work
Orders for each of three phases of the project including 1) Design Services; 2)
Procurement and Manufacturing, and 3) Startup and Commissioning Services.
The City expects the Contractor to provide these services related to the completion of the
Hydroelectric Project. These services are to include, but not be limited to, the following:
1. Design Support Services
It is expected that the selected Contractor will work with the City and design engineer to
develop design plans and specifications for the hydroelectric package that meet the
needs of the HWSP. The City will rely on the expertise of the Contractor to deliver a
reliable product at a competitive cost. During the design phase, the Contractor will
perform the following:
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
a) Meeting Preparation and Participation. The Contractor will prepare and
participate in the following meetings throughout Phase 1:
i. Kickoff Meeting. This meeting is anticipated to occur once at the
beginning of the design phase and be approximately 2 hours in duration.
The Contractor is expected to provide initial comments on the draft 60%
Design for the replacement dam and how the hydroelectric package
interacts with the outlet works and valve house during the meeting. The
Contractor is also expected to present information related to their
proposed hydroelectric package solution.
ii. Design Coordination Meetings. The Contractor will meet with the City and
design engineer throughout Phase 1 to share information, review design
progression, and collaborate. The Contractor is expected to provide the
City and design team any information needed to progress the valve
house and electrical design from conceptual to final within the Halligan
Replacement Dam design timeline. Assume six (6) meetings that will be
1.5 hours in duration each in addition to the kickoff meeting described
above.
b) Hydroelectric Package Design. The Contractor is expected to provide information
for the following components of the hydroelectric package:
i. Horizontal crossflow turbine or similar that meets the needs of the HWSP
i. This includes the inlet valve with hydraulic operating system, inlet
pipe, nozzles and control, draft tubes, and support and anchoring
details
ii. Needs for the design of the turbine and generator are included in
the design criteria as part of this RFP
ii. Generator with shaft couplings and bearings
iii. Control cabinet and protective relays with the enclosures and
synchronizing equipment
iv. Controls with indicating lamps, panel instruments, and relays
c) The Contractor shall deliver the following packages to the City and design
engineer during Phase 1 for the aforementioned hydroelectric package design
components:
i. Deliverable 1 – Layout and Dimensions. Deliver a general layout for all
components of the hydroelectric package based on the 60% replacement
dam design. The layout will include the general arrangement of the
turbine, generator, and electrical components with relation to the valve
house, outlet conduit, and stilling basin. The general arrangement will
consider the location and sizing of the draft tube and the tailrace. Provide
the City and design engineer with all required dimensions, elevations,
sections, and connection requirements related to the hydroelectric
package components. Deliver hydraulic operational data for the proposed
hydroelectric package including power generation for operational
scenarios provided by the City. Deliver draft electrical and instrumentation
and controls information that will be used in the development of
specifications by the design engineer and detailed shop drawings and
one-line diagrams as part of Deliverable 2.
ii. Deliverable 2 – Shop Drawings for Procurement and Manufacturing.
Deliver detailed shop drawings of all components related to the
hydroelectric package that can be used for manufacturing. These shop
drawings will be reviewed by the City and design engineer to ensure that
the components properly coordinate with the replacement dam design.
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
Provide instrumentation and controls details and detailed electrical
information and one-line diagrams to the City and design engineer as part
of this deliverable package. Provide power and control panel schedules.
The City Instrumentation & Controls team will coordinate with the design
engineer to plan electrical connections using this information. Deliver
information regarding startup and maintenance information for the
products included in the shop drawing package.
d) Cost Estimating. The Contractor will provide an updated cost estimate for the
hydroelectric package coinciding with Deliverable 2. The cost estimate will be
based on present value at the time of the deliverable. These costs will be used
by the City as an input to the HWSP cost model developed by the ICE.
The design engineer, AECOM, will assume the responsibility of incorporating the
hydroelectric package design components provided by the Contractor into the
replacement dam design and will be the Engineer of Record (EOR) for all other design
components. The Contractor is expected to recommend changes to the complete design
package to assure proper function of the turbine, generator, and other components.
2. Procurement and Manufacturing Services
The Contractor will execute a separate Work Order for Phase 2 with associated general
and special conditions for the procurement and manufacturing phase. This potential
future Work Order includes the manufacturing services of the materials included in the
approved shop drawings delivered during Phase 1. The Contractor is expected to
manufacture and coordinate delivery of the materials with the City during this phase.
The final negotiated cost for the hydroelectric package materials shall be based on the
Contractor’s cost estimate for this proposal and during Phase 1. The City understands
that procurement may occur later than the completion of Phase 1 and that may impact
the final procurement cost. Proposed cost changes will be reviewed by the City for
reasonableness based on local market cost indexes (like the Consumer Price Index
(CPI) for Denver, CO) and other outside national and international factors at the time of
procurement.
At any time, if the City determines that an agreement or negotiated price cannot be
reached, the City reserves the right to end contract negotiations, pay the Contractor for
work performed as part of Phase 1 and terminate the Contractor relationship. The City
then can choose to procure manufacturing services through another means as it sees
necessary. In the event the City chooses to publicly bid the project, the Contractor will
not be eligible to bid on the project.
3. Startup and Commissioning Support Services
The Contractor will execute a separate Work Order for Phase 3 with associated general
and special conditions for the startup and commissioning support phase. The
Contractor is not responsible for the installation, operation, or maintenance of the
designed hydroelectric package. The Contractor is expected to provide an adequately
trained startup representative to coordinate proper installation, testing and
commissioning, and training of City operations staff during construction activities. This
representative is expected to be onsite during the installation and coordinate changes
with the City and the general contractor. The warranty period for the Hydroelectric
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
Turbine will begin upon successful completion of Startup, Commissioning and
acceptance by the City. The warranty period will be twenty-four (24) months.
B. City’s Expectations and Delivery Schedule
Collaboration
The City expects a collaborative relationship with the selected Contractor. During the
kickoff meeting, introductions and informal partnering will occur with the selected
Contractor, City, design engineer, and CM. The City expects an environment where trust
and teamwork prevents disputes, fosters a cooperative bond to everyone’s benefit, and
facilitates the completion of a successful Project. Traditional adversarial relationships
between the Project participants are not an acceptable way of doing business on this
Project.
Key Staff
The City expects the Contractor to commit key staff members to manage the Project
through attendance of the kickoff meeting, coordination meetings, coordination with the
City and design engineer, and coordination of manufacturing and installation services. Key
staff members for this Project are expected to include a main point of contact who
manages the project for the Contractor and a trained technical expert (these can be the
same person). If key staff are removed from this Project without City approval, the City
reserves the right to terminate the Contract. The City expects the Contractor to request
approval for any changes in staffing if they will differ from those identified in the proposal.
Communication
The City expects open and honest communication related to Project activities including
subcontractor performance, cost control, schedule control, budget and quality issues as
they may arise. The City expects communication to occur directly through the established
chain of command which may involve working directly with, receiving direction from, and
coordinating with City assigned personnel.
Contract Management
The City expects the Contractor to participate in contract management such that pay
applications, work change directives, change orders, RFIs and other documents are
managed timely and effectively to avoid delays in Project delivery. The City expects the
Contractor to work with its Project Manager to gain approval and processing of these
documents in a coordinated fashion.
Performance Standard
The City expects Contractor performance to a standard that exceeds industry-accepted
parameters. The City expects to pay fairly for all work performed and expects the
Contractor to be profitable.
Services and Construction Agreements, and Work Order Process
The Contractor will be required to sign the City’s Services Agreement Work Order-type,
similar to the Sample Agreement found in Section VII. Based on this Agreement, a Work
Order for Phase 1 Work will be issued. The Contractor is expected to provide the team
with up to date on-going cost status of the current Project design.
Upon completion of Phase 1, the Contractor will be required to sign separate Work Orders
for the subsequent phases. A sample Professional Services Agreement (Section VII) and
Goods Agreement (Section VIX) are included.
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
C. Anticipated RFP Schedule
The following represents the City’s target schedule for the RFP. The City’s reserve the
right to amend the target schedule at any time.
• RFP Posted: July 9, 2025
• Pre-Proposal Meeting: 10:00 AM MT, July 17, 2025
• Question deadline: 3:00 PM MT, July 23, 2025
• Proposal due date: 3:00 PM MT (our clock), August 11, 2025
• Interviews (if necessary): August 2025 (tentative)
D. Interviews
In addition to submitting a written proposal, the top-rated Contractors may be invited by
the RFP assessment team and asked to participate in an oral presentation to provide an
overview of the company and its approach to the Project, as well as to address questions.
Shortlisted firms may also be asked to provide details of the firm’s financial standing;
including available credit and banking reference. A recent financial statement detailing
current assets and liabilities may be required upon request as well.
E. Laws and Regulations
The Contractor agrees to comply fully with all applicable local, State of Colorado, and
Federal laws and regulations and municipal ordinances.
F. Fees, Licenses, Permits
The successful Contractor shall be responsible for obtaining any necessary licenses, fees
or permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits, and be placarded as required by law.
G. Hours
Working hours are from 8:00 am to 5:00 pm Monday through Friday and does not include
recognized holidays. The City’s Project Manager may agree, in writing, to weekend or
night work if required. Phase 3 may have different work hours depending on the general
contractor construction schedule.
H. Subcontractors
Contractor will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Contractor; therefore,
subcontractors will be the responsibility of the Contractor.
I. Standard of Conduct
The successful Contractor shall be responsible for maintaining satisfactory standards of
employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall
be responsible for taking such disciplinary action with respect to any employee, as may
be necessary.
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
The personal conduct of the Contractor and its staff has a direct impact on the quality of
performance. Unacceptable personal conduct/behavior, as defined herein, may result in
immediate or early termination of the Agreement.
The City may request, at their sole discretion, the Contractor to immediately remove from
this assignment any employee found unfit to perform duties due to one or more of the
following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive
language, quarreling, intimidation by words or actions, or fighting. (3) Theft, vandalism,
immoral conduct, or any other criminal action. (4) Selling, consuming, possessing, or being
under the influence of intoxicants, including alcohol or substances, while on assignment
for the City.
All City-owned or operated facilities and their grounds are non-smoking sites.
J. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com or as otherwise stated in the
applicable Work Order with a copy to Taylor Scott, tscott@fcgov.com. The cost of the work
completed shall be paid to the Contractor each month following the submittal of a correct
invoice by the Contractor indicating the project name, Purchase Order number, task
description, hours worked, personnel/work type category, hourly rate for each
employee/work type category, date of the work performed specific to the task, percentage
of that work that has been completed by task, 3rd party supporting documentation with the
same detail and a brief progress report.
Payments will be made using the agreed-to prices described in the Agreement. In the
event a service is requested which is not provided in the Agreement, the Contractor and
the City will negotiate an appropriate unit price for the service prior to the Contractor
initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Contractor’s that have the requisite experience and qualifications are encouraged to submit
proposals. It is highly recommended to limit proposals to twenty (20) single-sided 8 ½ x 11”
pages (excluding cover pages, table of contents, dividers, resumes, and Section V,
Acknowledgement form). Font shall be a minimum of 10 Arial, and margins are limited to no
less than .5” for sides and top/bottom. Please, no embedded documents. The City 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
proposed hydroelectric solution, including a general description of the products 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 Anticipated RFP Schedule section.
B. Contractor Information
1. Describe the Contractor’s business and background, and provide a brief
summary/overview of services the Contractor offers
2. Number of years in the business
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
3. Size of the Contractor
4. Details about ownership, including the date the Contractor was established, how the
Contractor is organized, and previous names of the Contractor in the last ten (10)
years (if applicable)
5. Location(s) of the Contractor’s offices and manufacturing sites; if multiple, please
identify which will be the primary for our account
6. Primary corporate contact information, including contact name(s) and title(s), mailing
address(s), phone number(s), and email address(s); complete Section V,
Acknowledgement
C. Cost
Complete Section VI Cost Proposal, providing all cost factors that will be used to develop
the cost of work. The following shall be provided:
a. Work Order I (Phase 1 - Design Support Services):
Cost estimate for design services. Provide a Time & Materials, not-to-exceed
cost for your involvement to complete design services, including, but not limited
to, meetings, design, cost estimating, and other related tasks. Design ends once
an additional work order has been executed for the manufacturing of the
hydroelectric package.
b. Work Order II (Phase 2 – Procurement and Manufacturing Services):
Provide an estimate for the manufacturing and delivery cost for a crossflow
turbine and generator package in present dollars. Use the provided bid table and
the attached design criteria to develop your cost estimate. This will be used to
compare potential costs of the hydroelectric package by the evaluation
committee. This is not a final bid and the City understands that costs may change
by the time design is complete and procurement occurs. Proposed cost changes
upon procurement and execution of Work Order II will be reviewed by the City for
reasonableness based on local market cost indexes (like the Consumer Price
Index (CPI) for Denver, CO) and other outside national and international factors
at the time of procurement. Estimated pricing should include shipping FOB
destination to 4316 Laporte Ave., Fort Collins, CO 80521
c. Work Order III (Phase 3 – Startup & Commissioning Services)
Provide schedule of rates by position and task for future Work Order.
d. Insurance Company:
Provide the name, address, and phone number of the firm’s insurance agent(s).
Provide statements to answer the following questions. (See also Insurance
Requirements in Section VII, Sample Agreement).
i. Does coverage meet minimum Project requirements?
ii. Can this coverage be extended for work on this Project?
iii. Can coverage be increased?
iv. Can the City be listed as an additional insured?
v. Are there any current claims that will affect coverage limits available for this
Project?
D. Scope of Proposal
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
If awarded the contract per the scope above, provide a detailed narrative of the services
proposed. The narrative should include any options that may be beneficial for the City to
consider.
1. Design Services
a. What is your team’s experience with working on planning small hydroelectric
packages for dams?
b. Describe your typical design input for projects like the HWSP.
c. Describe how your team approaches the design of a hydroelectric package and
what makes your design approach unique.
2. Turbine Technology
a. Describe the technology you have developed for providing hydropower for
medium-head, low flow solutions like at the HWSP.
b. What is the reliability and repairability of your turbine , generator, and other
components?
c. What level of efficiency does your turbine provide?
d. What advantages does your technology provide the City over other vendors?
e. How long have you been producing this technology and how many locations has
it been installed?
f. What are you doing to continually improve the turbine technology?
3. Manufacturing and Quality
a. Where do you manufacture and assemble parts for your turbine and generators?
b. Do you use an subcontractors or outside suppliers to complete the manufacturing?
Describe how many and who would be involved in the process?
c. Provide details about your quality control program during manufacturing,
installation, and commissioning.
d. Explain how your team adheres to a quality control program and how quality issues
are addressed.
e. Provide examples of when your firm exceeded quality standards, gained industry
recognition, or received quality awards.
E. Firm Capability
1. Company Resources & Assigned Personnel
Provide an organizational chart for the resources proposed to be used on this Project
and identify the main point of contact for the Project.
Provide the names and resumes of proposed key Project staff, including the design
team, proposed project manager, and qualified installation oversight representative.
Detail the availability and commitment of the proposed staff. (Note: key personnel must
be committed to this Project for its duration unless excused by the City. This
requirement is non-negotiable.)
2. Relevant Product and Project Experience
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
Provide a brief project description and history of your products and where they
have been installed recently (in the last 10 years) and where they have proven
reliable over many years. Provide projects where your designs and products were
installed, similar in scope to this project. These projects should include the design
and manufacturing of small-scale turbine and generator packages for medium-
head, low-flow installations like Halligan. Highlight the reliability, efficiency, and
operability of your products within these projects.
Limit profile projects list to 3 projects maximum. Identify any Key Personnel that
were involved with the profile projects that will be assigned to this project. Include
the following information:
a. Project description that includes the project name and installation location. Please
include pictures of the work completed.
b. Project history that includes the original schedule agreed upon at the time of
signing the contract, the actual duration of construction, and any special
characteristics of the project that affected delivery.
c. Cost at completion.
d. Provide a brief discussion of any unusual factors that affected the project (e.g.
owner-initiated delays, additions to the work, etc.).
e. Provide an owner reference for cited projects, including name, contact name, email
address, and phone number.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social, environmental,
and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace.
Provide examples along with any metrics used to measure success within your firm.
2. Also, provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects. 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,
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
including leadership and supply chain. Examples of this may be a 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.
3. Provide the list of LEED Projects you have completed in the last 5 years and the level
of certification achieved or anticipated.
G. Additional Information
Provide any information that distinguishes Contractor from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Contractor’s proposal.
Explain any concerns Contractor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Sample Agreement (a sample of which
is attached in Section VII) shall be documented. The City makes no guarantees to
change the Agreement but may consider the exceptions.
RFP 10186 Hydroelectric Package Design and Manufacturing Services - Halligan Water Supply Project
IV. REVIEW AND ASSESSMENT CRITERIA
Proposal and Interview Criteria
Contractors will be evaluated on the following qualification criteria. This set of criteria will be
the basis for review and assessment of the written proposals and optional interviews. At the
sole discretion of the City, interviews of the top ranked firms 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 minim
requirements in that category.
CRITERIA
NUMBER
CRITERIA WEIGHTING
FACTOR
1 FIRM CAPABILITY & EXPERIENCE 45%
2 COST (PHASE 1 AND 2 CONSIDERED) 30%
3 PROJECT APPROACH/SCHEDULE 20%
4 SUSTAINABILITY/TBL METHODOLOGY 5%
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V. ACKNOWLEDGEMENT
Contractor hereby acknowledges receipt of the City’s Request for Proposals 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 10186 Hydroelectric Package Design and Manufacturing
Services for the Halligan Water Supply Project and sample Agreement except as otherwise
noted. Additionally, Contractor hereby makes the following representations to the City:
a. All of the statements and representations made in this proposal are true to the best of the
Contractor’s knowledge and belief.
b. Contractor 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. Contractor further agrees that the method of award is acceptable.
e. Contractor also agrees to complete the proposed Agreement with the City within 10 days
of notice of award. If contract is not completed and signed within 10 days, City reserve the
right to cancel and award to the next highest-rated firm.
f. Contractor acknowledges receipt of addenda.
g. Contractor acknowledges no conflict of interest.
h. Contractor acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
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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VI. COST PROPOSAL
1. Work Order I (Phase 1 - Design Support Services):
i. Provide a time & materials, not-to-exceed cost for your involvement to complete
design services, including, but not limited to, meetings, design, cost estimating,
and other related tasks. Design ends once an additional work order has been
executed for the manufacturing of the hydroelectric package.
-Provide detailed cost breakdown by position and task separate from
the below figure.
$________________________________________
2. Work Order II (Phase 2 – Procurement and Manufacturing) Cost Estimate:
i. Provide an estimate for the manufacturing and delivery cost for a crossflow
turbine and generator package in present dollars. Use the provided bid table
below and the attached design criteria to develop your cost estimate. This will be
used to compare potential costs of the hydroelectric package by the evaluation
committee. This is not a final bid and the City understands that costs may change
by the time design is complete and procurement occurs. Proposed cost changes
upon procurement and execution of Work Order II will be reviewed by the City for
reasonableness based on local market cost indexes (like the Consumer Price
Index (CPI) for Denver, CO) and other outside national and international factors
at the time of procurement.
Item Description (see design criteria for more detail) Estimate ($)
1 Horizontal axis crossflow turbine or similar, includes
all inlet valves, nozzles, support and anchoring $
2 Generator, including all shaft couplings and bearings $
3 Controls, including local motor starters, control relays,
control switches, indicating lamps, and panel
instruments
$
4 FOB Destination
Total Estimate: $
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VII. SAMPLE PROFESSIONAL SERVICES AGREEMENT
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
This Master Professional Services Agreement (Agreement) made and entered into the
day and year set forth in the Agreement Period section below, by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) [enter state]
[business type] (Professional).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The Professional agrees to provide Services in accordance with any
project Work Orders for , issued by the City. Such Work Orders will be incorporated
into this Agreement. A blank sample of a Work Order is attached hereto as Exhibit A,
consisting of one (1) page and incorporated herein. A general Scope of Services is attached
hereto as Exhibit B, consisting of [# of Pages] and incorporated herein. The City reserves
the right to independently solicit any project rather than issuing a Work Order to the
Professional for the same pursuant to this Agreement. Irrespective of references to certain
named third parties within this Agreement or any Work Order, the Professional shall be
solely responsible for performance of all duties hereunder. The term Service as used in this
Agreement shall include the Services and deliverables contained in any Work Order issued
by the City.
The City may, at any time during the term of a particular Work Order and without invalidating
the Work Order, make changes to the scope of the particular Service. Changes shall be
agreed upon in writing by the parties by Change Order, a sample of which is attached hereto
as Exhibit C, consisting of one (1) page and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this Agreement shall be
performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This Agreement shall commence , 20(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,
the parties agree that this Agreement may automatically extend on a month-to-month basis
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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:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Professional [choose one] as designated in Exhibit D, consisting
of [# of Pages], attached and incorporated herein. At the election of the City, each Work
Order may contain a maximum fee, which shall be negotiated by the parties hereto for each
Work Order. Partial payments based upon the Professional’s billings and itemized
statements are permissible as defined in the applicable Work Order. The amounts of any
partial payments shall be based upon the Professional’s City-verified progress in completing
the Service(s) to be performed pursuant to the Work Order and upon approval of the
Professional’s direct reimbursable expenses. Payment shall be made following acceptance
of the Services by the City.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the Professional following the
submittal of a correct itemized invoice by the Professional. The City is exempt from sales
and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of
the license is available upon written request.
The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
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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
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.
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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.
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
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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.
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
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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, sexual orientation,
genetic information, or other characteristics protected by law. Pursuant to City policy, sexual
orientation means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that the employee has been discriminated against in violation of
the above policy or participating in an employment discrimination proceeding.
The Professional shall comply with the City’s policy for equal employment opportunity and
to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party subcontractors/subconsultants at every tier.
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.
26. Technology Accessibility. The Professional represents that the Project Instruments
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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
records under the CORA.
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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: 10186 Hydroelectric Package Design &
Manufacturing Services - HWSP
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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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: 10186 Hydroelectric Package Design and
Manufacturing Services - HWSP
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 f or release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without 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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VIX. SAMPLE GOODS AGREEMENT
GOODS AGREEMENT
This Good 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],
(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. The Provider agrees to provide and deliver goods in accordance with the Scope of
Services/Provider’s Bid Response attached hereto as Exhibit A, consisting of [# of Pages],
and incorporated herein. Irrespective of references to named third parties in this Agreement
and its Exhibits, the Provider shall be solely responsible for performance of all duties
hereunder.
2. Time of Commencement and Completion of Services. The goods to be delivered pursuant
to this agreement shall be initiated immediately following execution of this Agreement.
Delivery of the products stated in Exhibit A shall be delivered to the City no later than .
The order shall be shipped and delivered complete and undamaged. The delivery address
is: City of Fort Collins, 4316 Laporte Ave, Fort Collins, CO 80521, attention [City Contact] at
[Email/Phone].
3. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This Agreement shall commence , 20 (the Effective Date)
and shall continue in full force and effect until , 20 , unless sooner terminated
as herein provided. In addition, at the option of the City, the Agreement may be extended
for additional one-year periods not to exceed [choose one] additional one-year period(s).
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 Provider no later than
thirty (30) days prior to Agreement end.
5. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause or penalty by providing at least ten (10)
calendar days written notice of termination to the Provider.
In the event of early termination by the City, the Provider shall be paid only for undamaged
goods provided or services rendered to the date of termination, subject only to the
satisfactory performance of the Provider's obligations under this Agreement. Provider shall
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submit a final invoice within ten (10) calendar days of the effective date of termination.
Payment shall be the Provider's sole right and remedy for such 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:
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. The City shall pay the Provider for the performance of this Agreement,
subject to additions and deletions provided herein, as per the line item pricing in the attached
Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. Shipping
terms are FOB Destination(s).
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 Provider following the submittal of a
correct itemized invoice by the Provider. The City is exempt from sales and use tax. The
City’s Certificate of Exemption license number is 09804502. A copy of the license is
available upon written request.
The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
8. Liquidate Damages. City and Provider recognize that time is of the essence and that the
City will suffer financial loss if the Work is not completed within the times specified above,
plus any extensions thereof allowed. They also recognize the delays, expenses and
difficulties involved in proving in a legal proceeding the actual loss suffered by City if the
Work is not completed on time. Accordingly, instead of requiring any such proof, City and
Provider agree that as liquidated damages for delay (but not as penalty) Provider shall pay
City the amounts set forth hereafter.
a. Substantial Completion. One Thousand Dollars ($1,000.00) for each calendar day or
fraction thereof after the Substantial Completion date established in Section 00530
until the work is Substantially Complete.
b. Final Payment and Acceptance: After Substantial Completion, One Thousand Dollars
($1,000.00) for each calendar day or fraction thereof after Forty (40) weeks after
approved submittal documents until the Work is ready for Final Payment and
Acceptance.
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9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation
by 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 no such supporting
appropriation has been made.
10. Subcontractors. The Provider may not subcontract any of the Work set forth in Exhibit A,
Scope of Services/Provider’s Bid Response without the prior written consent of the City,
which shall not be unreasonably withheld. In the event any of the Work is subcontracted
hereunder, 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 subcontractor
will not create any contractual relationship between any such subcontractor and the City,
nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the
work of the subcontractor will be subject to inspection by the City to the same extent as
the work of the Provider.
The Provider shall require all subcontractors/subconsultants performing Work hereunder
to maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit C attached hereto and
incorporated herein by this reference. The Provider shall maintain a copy of each
subcontract’s certificate evidencing the required insurance. Upon request, the Provider
shall promptly provide the City with a copy of such certificate(s).
11. City Project Manager. The City will designate, before commencement of the Services, the
City Project Manager who will make, within the scope of their authority, all necessary and
proper decisions with reference to the Services provided under this Agreement. All requests
for contract interpretations, change order, and other clarification or instruction shall be
directed to the City Project Manager.
12. Independent Contractor. The Services to be performed by the Provider are those of an
independent contractor and not of an employee of the City. The City shall not be responsible
for withholding or remitting any portion of Provider's compensation hereunder or any other
amounts on behalf of Provider for the payment of FICA, Workmen's Compensation,
unemployment insurance, other taxes or benefits or for any other purpose.
13. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Provider and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
14. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
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goods shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
15. Warranty.
a. The Provider warrants that all goods delivered, hereunder shall be provided with
the highest degree of competence and care in accordance with accepted
standards for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment shall be
new and, where not specified, of the most suitable grade of their respective kinds
for their intended use.
c. The Provider warrants all products provided under this Agreement, against defects
and nonconformances in design, materials and workmanship/workwomanship in
accordance with product specifications for a period of two (2) years and/or the
original manufacturer’s warranty, whichever is longer, from date of successful
Startup & Commissioning. Upon receipt of written notice from City of any such
defect or nonconformances, the affected item or part thereof shall be repaired or
replaced by the Provider in a manner and at a time acceptable to City.
16. 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, such party may be declared in default thereof.
17. 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.
18. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits and other documents incorporated herein, shall constitute the entire Agreement of
the parties regarding this transaction and the matter recited herein. This Agreement
supersedes any prior agreements, promises, or understandings as to the matter recited
herein. The Agreement shall be binding upon said 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 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
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authority to sign on behalf of their respective party and to bind such party to the terms of
this Agreement.
19. Indemnification.
a. The Provider 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 third parties against the City to the extent caused by, arising out of or related to
Provider’s negligent acts, errors or omissions in performance of services under this
Agreement. This obligation extends to reimbursement of the City's costs and
reasonable.
b. The Provider shall take all necessary precautions in performing the Work hereunder to
prevent injury to persons and property.
20. 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.
21. Prohibition Against Unlawful Discrimination. 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) and
the Regulations, affirmatively ensures that for all contracts entered into with the City,
disadvantaged business enterprises are afforded a full and fair opportunity to bid on the
Agreement and are not to 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 vendors 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 vendors and their subcontractors at every tier.
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22. Project Status Report. A project status report is required to accompany all invoices and
shall be submitted to the City’s Project Manager. The progress status report shall contain
a written report of the status of the Service(s) with respect to the Scope of Services,
project schedule, previous invoices, outstanding balance, percent billed and other material
information. Failure to provide any required report may, at the option of the CITY,
suspend the processing of any payment request.
23. 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.
24. City’s Right to Inspect.
a. Subject to City’s reasonable advance notice to Provider, City may observe, inspect
and/or test all goods at any time or place, including the Provider’s premises and the
Provider’s supplier’s premises. Provider shall furnish, without additional charge, all
reasonable facilities, equipment and assistance required for safe and convenient
observation, inspection and/or test of Provider’s premises.
b. If City deems goods as not in conformance with the Agreement, the Provider shall
take prompt action to correct such non-conformance. At the CITY’s discretion, the
cost of all subsequent inspections by the City shall be deducted from the Price.
c. City’s inspection, or witness of, or participation in any tests (or the failure of City to
inspect or test) shall not relieve Provider of its obligations to assure goods conform to
all requirements.
d. Unless otherwise stated in Agreement, Final Acceptance of the goods by the City
shall take place upon the successful start-up and operation of the goods on the City’s
premises.
e. Payment or Final Acceptance shall not relieve the Provider from its obligation to
meet all requirements and shall not impair City’s right to reject or revoke acceptance
of non-conforming goods or to avail itself of any other remedies to which it may be
entitled notwithstanding knowledge of the nonconformity, its substantiality, or the
ease of its discovery.
25. Colorado Open Records Act. The Provider acknowledges the City is a governmental entity
subject to the Colorado Open Records Act, C.R.S. § 24-72-201 (CORA), and documents in
the City’s possession may be considered public records subject to disclosure under the
CORA.
26. Delay. Time is of the essence. Subject to Force Majeure , if the Provider is temporarily delayed in whole or
in part from performing its obligations, then the Provider shall provide written notice to the City within fifteen
(15) 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.
27. 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,
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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 Provider must provide notice to the City of such condition within
ten (10) calendar days from the onset of such condition.
28. Default by Supplier.
a. The City may, subject to the provisions of paragraph 32, by written notice of default to
the Provider and his surety, terminate the whole or any part of this Agreement in any
one of the following circumstances:
i. Notwithstanding paragraph 8 above, if the Provider fails to make delivery of
the equipment or to perform the obligations hereunder within the time
specified herein or any extension thereof; or
ii. If the Provider fails to perform any of the other provisions of this Agreement,
or so fails to make progress as to endanger performance of this Agreement in
accordance with its terms, and
iii. in either of these two circumstances does not cure such failure within a period
of ten (10) days (or such longer period as the City may authorize in writing
after receipt of notice specifying such failure.
b. In the event the City terminates this Agreement in whole or in part as provided in this
paragraph 30, the City may procure, upon such terms and in such manner as the City
may deem appropriate, equipment or services similar to those so terminated, and the
Provider and his surety shall be liable to the City for any excess costs for such similar
equipment or services; provided, that the Provider shall continue the performance of
this Agreement to the extent not terminated under the provisions of this paragraph.
c. If City terminates this Agreement as provided in this Section, the City, in addition to
any other rights provided in this clause, may require the Provider to transfer title and
deliver to the City (i) any completed equipment, and (ii) such partially completed
supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information,
and Agreement rights (hereinafter called "manufacturing materials") as the Provider
has specifically produced or specifically acquired for the performance of such part of
this Agreement as has been terminated; and the Provider shall protect and preserve
property in possession of the Provider in which the City has an interest. Payment for
completed equipment delivered to and accepted by the City will be at the Agreement
Price. Payment for manufacturing materials delivered to and accepted by the City and
for protection and preservation of property shall be in an amount equitable to the City
and the Provider.
Official Purchasing Document
Last updated 11/2024
Goods Agreement
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d. Any termination for default which shall be determined to be improper or unwarranted in
any respect shall be deemed to be a termination for convenience as provided below.
The City shall have the absolute right to terminate the entire Agreement upon payment
to the Provider for all disbursements or expenses which the Provider had incurred or
became obligated for prior to the date of the notice of termination, less the reasonable
resale value of materials, equipment, and apparatus which shall have been obtained or
ordered to become an integral part of the work.
e. The rights and remedies of the City provided in this clause shall not be exclusive and
are in addition to any other rights and remedies provided by law or under this
Agreement.
29. Agreement Documents and Agreement Defined. The Agreement Documents which
comprise the entire Agreement between the City and Provider concerning the Work
consist of the Bid Document, Technical Specifications and such other items as are
referenced below, all of which are incorporated herein by this reference.
Forms for use by Provider in performing the Work and related actions in carrying out the
terms of this Agreement are deemed Agreement Documents and included in the list below.
This Agreement incorporates the terms and conditions of the following documents,
attached as exhibits hereto and incorporated herein by this reference. Should there be a
conflict among the documents, their terms and conditions shall prevail in the following
order
a. Exhibit A – Scope of Services/Providers BID Response
b. Exhibit B – Change Order
c. Exhibit C – Certificate of Insurance
d. Exhibit D - Confidentiality
e. Section 00530 – Notice to Proceed
f. Section 00635 – Certificate of Substantial Completion
g. Section 00640 – Certificate of Final Acceptance and Completion
h. Section 00670 – Application for Exemption of Certificate
i. Purchase Order Terms & Conditions
30. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver
of any provision above. Any terms included in any Exhibit or other attachment that requires
the City to indemnify or hold Provider harmless; requires the City to agree to binding
arbitration; limits Provider’s liability; or that conflicts with statute, City Charter or City Code
in any way, shall be void.
[Signature Page Follows]
Official Purchasing Document
Last updated 11/2024
Goods Agreement
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROVIDER
By:
Printed:
Title:
Date:
Official Purchasing Document
Last updated 11/2024
Goods Agreement
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EXHIBIT A
SCOPE OF SERVICES/PROVIDER’S BID RESPONSE
Goods Agreement
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EXHIBIT B
CHANGE ORDER NO.
PROJECT TITLE:
PROVIDER:
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide description of the changes to the Work
3. Change in Price:
4. Change in Time:
ORIGINAL PRICE $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED COST $ .00
PROVIDER:
By: Date:
Name: Title:
ACCEPTED: Date:
City PM Name, Title
REVIEWED: Date:
Name, Senior Buyer or Purchasing Manager
ACCEPTED: Date:
Name, Title
ACCEPTED: Date:
Gerry Paul, Purchasing Director
(if greater than $300,000)
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EXHIBIT C
CERTIFICATE OF INSURANCE
The 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
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 Provider, such 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 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
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:
F. Workers' Compensation & Employer's Liability. The Provider shall maintain during the
life of this Agreement for all of the 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.
G. General Liability. The Provider shall maintain during the life of this Agreement such
General Liability 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.
H. Automobile Liability. The Provider shall maintain during the life of this Agreement such
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.
I. Errors & Omissions. The Provider shall maintain errors and omissions insurance in the
amount of $1,000,000.
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J. Subcontractors. In the event any work is performed by a subcontractor, the Provider
shall be responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
K. Primary Coverage. For any claims related to the Agreement, Provider’s insurance shall
be primary coverage, and any insurance or self-insurance maintained by the City, its
officers, agents and employees shall be in excess of the Provider’s insurance and shall
not contribute with it.
L. Waiver of Subrogation. Provider will grant to the City a waiver of any right of subrogation
which any insurer of Provider may acquire against the City by virtue of any payment of
any loss. Provider agrees to obtain any endorsement that may be necessary to affect
this waiver of subrogation, but this provision applies regardless of whether or not the City
has received a waiver of subrogation endorsement from the insurer.
M. Transportation. This insurance shall be of the "all risk" type and shall protect the
Provider and the City from all insurable risks of physical loss or damage to equipment
and materials in transit to the job site and until the City receives the equipment and
materials at the job site. The coverage amount shall be not less than the full amount of
the materials and equipment in transit. Transportation insurance shall provide for losses
to be payable to the Provider and City as their interests may appear.
N. Deductibles. Provider shall be responsible for payment of deductibles under all policies
required herein to the extent Provider causes the loss.
In the event any work is performed by a subcontractor, the Provider shall be responsible for any
liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by 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.
13. Definitions.
For purposes of this Agreement, the party who owns the confidential information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s confidential information shall be referenced as the “Receiving Party.”
14. Confidential Information.
Confidential Information controlled by this Agreement refers to information which is not
public and/or is proprietary and includes by way of example, but without limitation, City
customer information, utility data, service billing records, customer equipment information,
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, and ideas.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, 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 account, address, billing,
consumption, contact and other customer data. 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 prior to the execution of this Agreement and related
to the services for which Provider has been engaged shall be considered in the same
manner and be subject to the same treatment as the information disclosed after the
execution of this Agreement with regard to protecting it as Confidential Information.
15. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Provider shall cause
each of their directors, officers, employees, agents, representatives, and subcontractors to
become familiar with, and abide by, the terms of this section, which shall survive this
Agreement as an on-going obligation of the Parties.
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.
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16. 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 (1) was generally known to the public through no wrongful act of the
Receiving Party; (2) 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; (3) has been approved for release by a written
authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law.
17. Required Disclosure.
If the Receiving Party is required (by interrogatories, requests for information or documents,
subpoena, civil investigative demand or similar process, or by federal, state, or local law,
including without limitation, the Colorado Open Records Act) to disclose any Confidential
Information, the Parties agree the Receiving Party will provide the Disclosing Party with
prompt notice of such request, so the Disclosing Party may seek an appropriate protective
order or waive the Receiving Party’s compliance with this Agreement.
The Receiving Party shall furnish a copy of this Agreement with any disclosure.
18. Notwithstanding paragraph 5, Provider shall not disclose Confidential Information to any
person, directly or indirectly, nor use it in any way, except as required or authorized in
writing by the City.
19. Red Flags Rules.
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, Provider must take appropriate steps to
mitigate identity theft if it occurs with one or more of the City’s covered accounts and must
as expeditiously as possible notify the City in writing of significant breeches of security or
Red Flags to the City.
20. Data Protection and Data Security.
In addition to the requirements of paragraph 7, 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 utility and customer 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) 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
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
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• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
b) Subcontractors. Provider may use subcontractors, though such activity shall not release
or absolve 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 Customer Data received, for any subcontractor 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 Provider and may
be considered to be a material breach of this Agreement.
21. 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
Provider can ensure security for the Confidential Information so stored. Work stations or
laptops to be used in the Work will be required to have personal firewalls on each, as well as
have current, active anti-virus definitions.
22. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply
during the term of the Work and at any time thereafter unless specifically authorized by the
City in writing.
23. If Provider breaches this Agreement, in the City’s sole discretion, the City may immediately
terminate this Agreement and withdraw Provider’s right to access Confidential Information.
24. Notwithstanding any other provision of this Agreement, all material, i.e., various physical
forms of media in which Confidential Information is contained, 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 such return of physical records, 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. 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.
25. Provider acknowledges that the City may, based upon the representations made in this
Agreement, disclose security information that is critical to the continued success of the City’s
business. Accordingly, Provider agrees that the City does not have an adequate remedy at
law for breach of this Agreement and therefore, the City shall be entitled, as a non-exclusive
remedy, and in addition to an action for damages, to seek and obtain an injunction or decree
of specific performance or any other remedy, from a court of competent jurisdiction to enjoin
or remedy any violation of this Agreement.
Goods Agreement
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SECTION 00530
NOTICE TO PROCEED
10186 Hydroelectric Package Design and Manufacturing Services – Halligan Water Supply
Project
Description of Work:
To:
This notice is to advise you:
That the Agreement covering the above described Work has been fully executed by the
Provider and the City.
Therefore, as the Provider for the above described Work, Provider is hereby authorized and
directed to proceed with the Work to begin on .
The dates for Substantial Completion and Final Acceptance shall be , 20 and
, 20 , respectively.
Dated this day of , 20 .
OWNER: CITY OF FORT COLLINS
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20 .
PROVIDER:
By:
Title:
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 10186 Hydroelectric
Package Design and Manufacturing
Services – Halligan Water Supply Project
PROJECT OR SPECIFIED PART SHALL LOCATION: “City”, Colorado
INCLUDE:
OWNER: City of Fort Collins
PROVIDER: ___________________
AGREEMENT DATE: [Date]
The Work performed under this Agreement has been inspected by authorized representatives of
the City and Provider, and the Project or specified part of the Project, as indicated above is
hereby declared to have achieved Substantial Completion on the above date.
Pursuant to the Agreement Documents, Provider has provided the following items, where
applicable:
Record Drawings (ie. final as-builts)
Operations & Maintenance Manuals
All applicable training
Commissioning
Third Party Warranties
Owner’s Extra Stock & Parts
Keys
Other:
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
Provider to complete all the Work in accordance with the Agreement Documents.
OWNER AUTHORIZED REPRESENTATIVE
DATE
The Provider accepts the above Certificate of Substantial Completion and agrees to complete
and correct the items on the tentative list on or before the Final Acceptance and Completion
date of , 20 .
PROVIDER AUTHORIZED REPRESENTATIVE
DATE
The City accepts the Project or specified area of the Project as substantially complete and will
assume full possession of the Project or specified area of the Project at 12:01 a.m., on ,
20 .
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION
Month, day , 20
TO:
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by PROVIDER for the City of Fort
Collins Project, 10186 Hydroelectric Package Design and Manufacturing Services – Halligan
Water Supply Project.
Pursuant to the Agreement Documents, Provider has provided the following items:
A. All documentation called for in the Agreement Documents, including without
limitation certified payrolls as required for state or federally funded projects;
B. Satisfactory evidence that all title issues have been resolved such that title to all
Work, materials, and equipment has passed to the City free and clear of any Liens
or other title defects or will so pass upon final payment.
C. A list of all disputes that Provider believes are unsettled; and
D. Complete and legally effective releases or waivers (satisfactory to Owner) of all
Lien rights arising out of the Work, and of Liens filed in connection with the Work.
Your continuing obligations and guarantees for the Project will be as provided in the Agreement
Documents.
OWNER: City of Fort Collins
By:
Title:
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE