HomeMy WebLinkAboutRFP - 10209 Automatic Water Metering SolutionRFP 10209 Automatic Water Metering Solution
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REQUEST FOR PROPOSAL
10209 AUTOMATIC WATER METERING SOLUTION
RFP DUE: 3:00 PM MT (Mountain Time), September 24, 2025
The City of Fort Collins is requesting proposals from qualified Service Providers to provide an
automatic water metering solution with an Advanced Metering Infrastructure.
Rocky Mountain E-Purchasing System hosted by BidNet
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
All questions should be submitted, in writing via email, to JD McCune, Senior Buyer at
jmccune@fcgov.com, with a copy to Haley Higgins, Project Manager, at
hhiggins@fcgov.com, no later than 3:00 PM MT on September 10, 2025. Please format your
e-mail to include: RFP 10209 Automatic Water Metering Solution 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.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Service Providers and their subcontractors/subconsultants at every tier.
Financial Services
Purchasing Division
nd Floor
970.221.6775
fcgov.com/purchasing
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Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Service Providers may
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Service Providers may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. All pricing will be considered public records subject to
disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC
VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a
waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal
or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by CORA, by
order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade
secrets, confidential commercial information and financial data information may not be disclosed
by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Service Providers hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions and pricing of any
contract resulting from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Provider shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
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Sincerely,
Gerry Paul
Purchasing Director
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I. OBJECTIVE & BACKGROUND
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Service Provider to
provide an automatic water metering solution with an Advanced Metering Infrastructure
(AMI) system including endpoints and network infrastructure that uses a radio frequency
signal to gather the meter data and can deliver the data to the City in an acceptable format.
B. Background
The City of Fort Collins is a vibrant community of approximately 175,000 people located
65 miles north of Denver at the base of the foothills of the Rocky Mountains. The City is
56 square miles in size and is northern extension of the “Colorado Front Range” urban
corridor. The City’s population includes over 24,000 college students.
City Utilities meters approximately 36,000 water services (single family, multi-family, and
commercial), as well as providing electricity throughout the city with approximately 65,000
electric meters. Additionally, the City serves water and wastewater to the small town of
Laporte approximately 5 miles northwest of Fort Collins.
The City currently has an AMI system that reads both water and electric meters which was
implemented almost fifteen (15) years ago. It is a mesh system where the water data
goes through a nearby electric meter and then transfers into the broader infrastructure.
Parts of the water service area are served by different electric providers such as Xcel
Energy and REA. The meter data transmission in those areas is unreliable and
problematic for the City’s water and wastewater customers. The cellular phone system in
some areas is also weak so that is why an Radio Frequency (RF) system is the best
solution for the City.
The City is seeking an AMI solution to further improve meter reading coverage and the
quality of service to customers in and around the City, especially the problematic coverage
areas. In addition, the AMI system must be capable to provide detailed water meter data
on usage and consumption, pressure data, water temperature, manhole monitoring, etc.,
to assist in system planning along with outage reporting capabilities and other benefits.
The intent is not to replace all 36,000 endpoints in a short period of time but rather a more
gradual deployment to be completed by existing staff keeping up with current system
failures. The number of base stations needed to cover the water service area should not
exceed 5 base stations.
II. SCOPE OF PROPOSAL
A. Scope of Work
1. The selected Service Provider shall:
a. Work with the City’s IT department to deliver meter data to the current Meter
Data Management (MDM) system, integrated with Banner Customer
Information System (CIS) and the future CIS system with VertexOne.
b. Provide prop studies to select optimum sites for base stations and antennae.
c. Provide the base stations, antennae and other components for the
infrastructure. Provide as an option, services to install the base station
infrastructure.
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d. Provide approximately 2000 endpoints per year.
e. Provide training for installing, programming, troubleshooting the endpoints and
the base stations.
2. Technical Requirements
The following section includes a list of minimum technical requirements for the AMI
provider(s). Service Providers interested in submitting a proposal are required to meet
these specifications for their proposal to be considered.
The City desires a two-way, fixed AMI communications network for water meters which
offers remote monitoring and control functions. This system must be a total RF point-
to-point (PTP) system; the City will provide data backhaul from collector/gathering
point to City network and connection to Internet for hosted head-end AMI system. The
City will not purchase the proposed AMI system unless it has successfully deployed at
twenty-five or more utilities that are at least similar size to the City, and the AMI system
operates and fully interacts with the City’s CIS system. The City is currently utilizing
Banner CIS but will be transitioning to VertexOne CIS. Service Provider must be able
to add water endpoints in the future, and those endpoints must be able to communicate
bi-directionally/two-way with the same AMI system that Service Provider proposes for
the current meter system without any additional hardware except where existing RF
coverage is not in place.
The AMI solution offered shall address and support the following requirements:
a. System Overview and Architecture
Provide an overview and block diagram or equivalent of the Service Provider’s
proposed solution describing all equipment. Describe the effect(s) of weather
conditions on the equipment, and how it might interfere with the endpoint’s
transmissions. Describe the typical failure rates of each piece of equipment.
Describe all single points of failure and potential communication bottlenecks,
for example:
i. Endpoint
ii. Endpoint to collector communication path
iii. Collector
iv. Communications
b. General Requirements
Service Provider’s proposed solution shall provide the attributes and
functionalities listed below. If the Service Provider’s proposed solution does
not meet certain general requirements, please specify. All such exceptions
should be individually listed and described in full in an attachment submitted
with Service Provider’s proposal:
i. A two-way, fixed network, with a fixed or engineered path
communications system.
ii. Communications medium to the meters is to use an RF based private
licensed frequency technology. If an unlicensed frequency is proposed,
specify how the system is protected from interference from other
devices. Specify all operating frequencies, FCC compliance, and
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Service Provider’s role in securing any necessary licensing or operating
permits.
iii. Service Providers must supply with proposal a propagation study
detailing daily retrieval of all meter data with at least 98.5% of all meters
successfully read over a 4-day billing window with no more than (5)
collectors, without estimation.
iv. All collected data should be time-stamped by endpoint.
v. The host system must transmit all necessary billing data to the CIS
within 24 hours of the end of the billing cycle.
vi. The communications system shall support real-time, on-demand meter
reading requests for water metering and shall have an average
response time of less than 120 seconds for water meters.
vii. Specify connection bandwidth to hosted server for overall system and
for each collector/data gathering device to meet the above transmission
time, given estimated number of water meters.
viii. The communications system shall enable remote reconfigurations to all
endpoints without a field visit.
ix. Daily usage readings read directly from the meter register rather than
using calculated readings.
x. Daily demand usage and theft/tamper alert data shall be available over
communications system. Theft tamper should be a positive indication
independent of traditional tilt and vibration alarms.
xi. All alarms, including power failure, shall be programmable by event
type and be reported by an unsolicited event message.
xii. Communications over system to be initiated either by the host system
(hosted server) or at the meter point.
xiii. Broadcast messaging and endpoint grouping capabilities.
xiv. Ability to monitor and report communication statistics from each
endpoint.
xv. Utilization of standard TCP/IP connections for data transfer between
endpoint collectors and hosted server.
xvi. Information stored in commercial meters that are in ANSI C 12.19
format should be up loadable via the AMI system.
xvii. Hosted server for all AMI functions at the Service Providers location.
Required server reliability of 99.9% or greater. Provide details of data
backup system, backup, security and redundancy.
3. AMI Hardware Component Requirements
a. Water Meter Endpoint Devices
The Meter Transceiver(s) must be an electronic device that allows for the
connection to an absolute encoder register. As defined by pre-programmed
settings, the Meter Transceiver shall interrogate the encoder register and
transmit the meter reading and other information to a collector. The Meter
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Transceiver shall be compatible with Sensus, Neptune (ProRead/ProCoder),
Badger ADE, and Elster (Sensus protocol incorporated) absolute encoder
registers. Meter Transceivers shall attach to meters with Sensus encoder
registers by TouchCoupler technology, or they shall easily retrofit existing
meters with enWcoder registers in the field. The Meter Transceiver shall be
manufactured in both non-pit and pit set models. The Meter Transceiver should
have the capability to have at least two registers attached to one Meter
Transceiver. The Meter Transceiver shall have the ability to be mounted on a
wall. The pit set Meter Transceiver shall have the ability to be mounted in a pit
set environment or an underground vault. The non-pit and pit set Meter
Transceiver shall have the battery and electronics encased in High Density
Polyethylene (HDPE) waterproof design.
Physical /Mechanical Requirements
Non-Pit Meter Transceiver:
i. The non-pit Meter Transceiver housing shall be constructed of a
polycarbonate plastic compound.
ii. The battery and electronics will be housed in High Density Polyethylene
(HDPE). The Meter Transceiver shall be capable of operating at
temperatures of -30°F to +165°F (-34°C to +74°C) with a humidity of 0
to 95%.
iii. The Meter Transceiver must be waterproof and capable of exposure to
water spray and splash. The Meter Transceiver must provide a location
for a tamper deterrent seal.
iv. The Meter Transceivers must be capable of being field retrofit to
existing meter/encoder register installations using TouchCoupler or
wired connections.
Pit Set Meter Transceiver:
i. For pit or vault applications, the pit Meter Transceiver antenna shall be
designed to be installed through the industry standard 1-3/4” hole in the
pit lid with no degradation of transmission range. The pit set Meter
Transceiver antenna unit will be capable of mounting to various types
and thicknesses of pit lids — Cast Iron, Aluminum, Concrete,
Composite or Plastic from 1/2” to 2-1/2” in thickness. The pit set Meter
Transceiver design shall not require the replacement of the pit lid
material to plastic to improve the propagation of the RF signal.
ii. The device shall be capable of operating at temperatures of -30°F to
+165°F (-34°C to +74°C) and be 100% submersible.
iii. The Meter Transceiver circuit board and battery will be encapsulated in
High Density Polyethylene (HDPE) for superior water ingress
protection. The pit set Meter Transceiver must be suitable for operation
in flooded pits and be able to be submerged for extended periods of
time. The range will not be affected when the pit is flooded, provided
the pit Meter Transceiver antenna is not submerged under water.
iv. The pit set Meter Transceiver antenna shall be made of a material to
withstand traffic.
v. The pit set Meter Transceiver shall provide a location for a tamper
deterrent seal.
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vi. The pit set Meter Transceiver must be capable of being field retrofit to
existing meter using TouchCoupler connections or wired connections
for encoder register installations.
b. Collector Equipment - Collector equipment shall:
i. Connect to wide-area network (WAN) using standard TCP/IP
connections with single mode fiber connectivity.
ii. Continue to collect and retain data if communications to the central host
server are disrupted.
iii. Withstand temperatures of -40°C to +65°C. Provide other temperature
ranges and specs for equipment. If air conditioning is required for
normal operation, please specify.
iv. Allow minimum of 30 days of storage, with data available for local
download or via remotely from the head-end software system.
v. Be within one minute of the system reference time (e.g., National
Institute of Standards and Technology).
vi. Provide a minimum of 30 days of data storage in the collector if WAN
is unavailable.
vii. Any network device placed in the field must meet the following minimum
requirements:
a. Utilize a 120/240 VAC power input or stand-alone solar panel.
If solar, how long will battery operate equipment if fully charged?
b. Utilize an outdoor NEMA enclosure, rated from -40o C to +50o
C, with remote antenna capability, that can be pole- or wall-
mounted Verify collector/gatherer to ensure proper
configuration
c. Allow remote firmware upgrades
d. Utilize encrypted communication methods to ensure data
security
viii. Not rely on any collector or endpoint device as a single point of failure
for data retrieval of any specific endpoint’s data.
ix. The system’s data collectors shall have at a minimum, 8 hours of
battery backup and remain fully operational during that time; no data
loss may occur if the life of the battery is exceeded. Specify operating
time of battery as well as useful life.
x. Be available locally or remotely from the central host server. On site
availability to collection devices to upload data in the event of extended
backhaul outages.
c. Hosted AMI Server - Hosted AMI server shall:
i. Be fully provided, maintained, backed up, and supported by Service
Provider. Server shall be on Service Provider’s premises. Hosted server
shall exceed 99.9% reliability and uptime.
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ii. Be capable of controlling and monitoring functions for AMI technologies to
provide future feature flexibility and be web browser based.
iii. Provide a one-page dashboard of system health, with hyperlinks to screens
and reports showing additional detail. Provide details on the type of
information available on the dashboard.
iv. Have defined APIs and MultiSpeak® version 4-compliant interfaces to allow
for existing and planned software applications. Have flexible billing extracts
which interface to the City’s existing utility billing application.
v. Offer customized reports.
vi. Support both report generation and online viewing of reports.
vii. Be capable of routing meter or communications system diagnostic data,
battery alarms, tampering alerts and other non-billing data to other utility
applications.
viii. Provide audit reporting capabilities.
ix. Provide methods of user authentication.
The Service Provider shall provide an estimate of the capacity/bandwidth required
between the central host server and the collector equipment.
The Service Provider shall provide screen shots of hosted AMI server dashboard
and key reports available from the proposed system.
The Service Provider shall provide details of the system’s MDM capabilities, if
available, as well as optional pricing of MDM if not included in the standard AMI
system. The Service Provider shall describe available IT hosting services,
including disaster recovery and data backup capabilities provided at the hosting
site. The Service Provider shall describe and estimate annual maintenance and
software agreements. Describe different levels of service, if applicable.
B. Deliverables/Milestones
1. Deployment Services & Management Scope
Service Provider’s proposed solution shall provide the services listed below. If the
Service Provider’s proposed solution does not meet certain general requirements,
please specify. All such exceptions should be individually listed and described in full
in an attachment submitted with Service Provider’s proposal:
a. Optional Network Infrastructure and Endpoint Installation (including Project
Management)
b. Training
c. Documentation / Scope of work
d. Timeline of deployment (*only required if proposing infrastructure/endpoint
installation)
e. Product lead times
f. Support for both software and hardware
g. Software licensing & Maintenance program
h. Software integration
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2. AMI Communication Requirements
The AMI solution shall support either a single- or multi-layer infrastructure (i.e., local-
area network (LAN) and wide-area network (WAN).
The LAN must utilize two-way communication from the endpoint device to the collector
for all water devices.
The WAN must support from the collector device to the central host server wired
connectivity: TCP/IP-based Ethernet using single-mode fiber optic connections.
The AMI solution must support the following two-way communication methods:
a. Scheduled data messages (hourly with time stamp)
b. Proactive messages (unsolicited messages sent as events occur)
c. On-demand messages (in near real-time)
d. Broadcast messages (also providing control functions)
The AMI solution should be designed so that increases in data requirements (e.g.,
moving from daily reads of all customers to hourly reads of all customers) do not raise
the operation and maintenance cost of the system.
The head end software will provide communications via TCP/IP protocol from
collectors to the central host server. Service Providers shall provide an estimate of the
total number of collectors (and repeaters, if applicable) required to read a specific set
of meters. In the event of communication loss from endpoint to collector or collector to
central host server, there must be no loss of data or endpoint information.
The Service Provider shall describe how the communications capacity and
responsiveness can be expanded to meet the City’s future growth of both meters as
well as other communication requirements. Service Provider shall also provide
bandwidth estimates for all communications back to hosted server.
3. Advanced System Requirements
a. AMI System Training Requirements
The Service Provider must identify standard training procedures for City
personnel. It is preferred that a variety of class formats (e.g., online, classroom)
be available. Describe whether the training is required or optional, how many
days of training for system operators (and installers), and include course
descriptions.
b. AMI System Implementation Requirements
The Service Provider shall describe its account management approach,
including the turnover process from presale through post-implementation
support.
c. For this project, the Service Provider shall be responsible for supplying,
delivering, training, and ensuring the proposed AMI system is operational prior
to full deployment. This shall include, but not be limited to:
i. AMI system deployment management and support.
ii. Network deployment planning and installation training.
iii. Hosted system controller configuration and setup.
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iv. Support for the development of an interface to the utility billing system
and other enterprise applications.
v. Establishing with the utility and supporting initial functional testing of the
system.
vi. City and subcontractor (if required) support for complete field network
and meter installation.
vii. Describe any specialty tools required for installation or maintenance of
the system.
4. Product Warranties - The Service Provider shall provide detailed warranty information
with its proposal, including warranties for all hardware, software, etc. A complete
description of all warranty coverage shall be included in the proposal.
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: August 29, 2025
• Question deadline: 3:00 PM MT on September 10, 2025
• Final Addendum Issued: September 17, 2025
• Proposal due date: 3:00 PM MT on September 24, 2025
D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
E. Travel & Expenses
Subject to the terms of the Agreement, reasonable expenses may be reimbursable per
the current rates found at www.gsa.gov. Service Provider will be required to provide
original receipts to the City for all travel expenses.
F. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
G. Financial Qualifications (CONFIDENTIAL)
Service Providers selected as finalists may be required to submit a banking reference and
the most recent financial statement (audited preferred) including balance sheet and
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income statement, as well as a statement of cash flows (the “Financial Information”).
H. Current Standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
I. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
J. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Service Provider each month
following the submittal of a correct invoice by the Service Provider indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the Agreement, the Service Provider and the City will
negotiate an appropriate unit price for the service prior to the Service Provider initiating
such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City’s questions with their response.
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The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
7. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Provide an outline of the schedule for completing tasks.
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D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Service Provider
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
5. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
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
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partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title
and employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for the Scope of Proposal. Price all additional
services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. Include a per
meeting rate in the event additional meetings are needed. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. Service Provider will be
required to provide original receipts to the City for all travel expenses.
5. Include any applicable recurring annual costs for support & maintenance for 5 years.
G. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Service Providers may be
conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
NUMBER
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V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP 10209 Automatic Water Metering Solution and
sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes
the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider 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. Service Providers may submit one (1) additional complete proposal
clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service
Providers may redact text and/or data that it deems confidential or proprietary pursuant to
CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim
of confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA. All provisions and pricing of any contract resulting from this request
for proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
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Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Email of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
This Services Agreement (Agreement) made and entered into the day and year set forth
in the Agreement Period section below by and between the CITY OF FORT COLLINS,
COLORADO, a Colorado Municipal Corporation, (City) and , a(n) [enter state] [business
type], (Service Provider).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide Services in accordance with the
Scope of Services (Services) 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 Service Provider shall be solely responsible for performance of all duties
hereunder.
2. Project Schedule. The Services to be performed pursuant to this Agreement shall be
performed in accordance with the Project Schedule attached hereto as Exhibit [choose one],
consisting of [# of Pages], and incorporated herein.
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-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 Service 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 Service Provider.
In the event of early termination by the City, the Service Provider shall be paid for Services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider 's obligations under this Agreement. Service Provider shall submit a final
invoice within ten (10) calendar days of the effective date of termination. Payment shall be
the Service Provider's sole right and remedy for such termination.
6. Notices. All notices provided under this Agreement shall be effective immediately when
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emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Service Provider [on a time and reimbursable direct cost basis]
[a fixed fee in the amount of ???? ($????)] in accordance with Exhibit [choose one],
consisting of [# of Pages], attached and incorporated herein. Monthly partial payments
based upon the Service Provider's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Service Provider's City-
verified progress in completing the Services to be performed pursuant hereto and upon the
City's approval of the Service Provider 's actual reimbursable expenses. Final payment
shall be made following acceptance by the City of the Services.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Project Manager.
The cost of the Services completed shall be paid to the Service Provider following the
submittal of a correct itemized invoice by the Service Provider. The City is exempt from
sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy
of the 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. Design and Service Standards. The Service Provider warrants and shall be responsible for
the professional quality, technical accuracy, accessibility requirements under ADA and
Public Accommodations and Technology Accessibility sections below, timely completion
and the coordination of all Services rendered by the Service Provider, and the Project
Instruments as defined in the Project Instruments and License section below. The Service
Provider shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies from such standards.
9. Indemnification. The Service Provider shall indemnify, defend, and hold harmless the City
and its officers 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 Service Provider or third parties against the City arising out of or
related to this Agreement (including but not limited to contract, tort, intellectual property,
accessibility, or otherwise). This obligation extends to reimbursement of the City's defense
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costs and reasonable attorney’s fees.
10. Insurance. The Service Provider shall maintain insurance in accordance with Exhibit
[choose one] consisting of [# of Pages], attached 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 Fort
Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have
no obligation to continue this Agreement in any fiscal year for which there are no pledged
cash reserves or supporting appropriations pledged irrevocably for purposes of payment
obligations herein. Non-appropriation by the City shall not be construed as a breach of this
Agreement.
12. Project Instruments and License.
a. Upon execution of this Agreement, the Service Provider grants to the City an irrevocable,
unlimited and royalty free license to use any and all sketches, drawings, as-builts,
specifications, designs, blueprints, data files, calculations, studies, analysis, renderings,
models, plans, reports, and other 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 use the Project Instruments
for similar projects, provided however, in such event the Service Provider shall not be
held responsible for the design to the extent the City deviates from the Project
Instruments. This license shall survive termination of the Agreement by default or
otherwise.
b. Upon payment of each invoice, associated Project Instruments rendered by the Service
Provider shall become the City’s property. The Service Provider shall provide the City
with the Project Instruments in electronic format in a mutually agreed upon file type.
13. City Project Manager. The City 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.
The initial City Project Manager for this Agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The City Project Manager is subject to change by the City.
14. Project Status Report. Project status reports may be required by Exhibit A – Scope of
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Services and shall be submitted to the City Project Manager. Failure to provide any required
status report may result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the Service Provider are those of
an independent contractor and not of an employee of the City. The City shall not be
responsible for withholding or remitting any portion of Service Provider's compensation
hereunder or any other amounts on behalf of Service Provider for the payment of FICA,
Workmen's Compensation, unemployment insurance, other taxes or benefits or for any
other purpose.
16. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
17. Subcontractors/Subconsultants. Service Provider may not subcontract any of the Services
without the prior written consent of the City, which shall not be unreasonably withheld. If
any of the Services are subcontracted hereunder (with the consent of the City), then the
following provisions shall apply:
a. the subcontractor must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work;
b. the subcontractor will be required to comply with all applicable terms of this Agreement;
c. the subcontract will not create any contractual relationship between any such
subcontractor and the City, nor will it obligate the City to pay or see to the payment of
any subcontractor; and
d. the work of the subcontractor will be subject to inspection by the City to the same extent
as the work of the Service Provider.
The Service Provider shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the City as an additional insured under
this Agreement in accordance with Exhibit [choose one]. The Service Provider shall
maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required
insurance. Upon request, the Service Provider shall provide the City with a copy of the
certificate(s) within two (2) business days.
The Service Provider shall be responsible for any liability directly or indirectly arising out of
the Services performed under this Agreement by a subcontractor/subconsultant, which
liability is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The City 's approval of Project Instruments furnished hereunder
shall not in any way relieve the Service Provider of responsibility for the quality or technical
accuracy of the Services. The City’s approval or acceptance of, or payment for any of the
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Services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement.
19. Warranty.
a. Service Provider warrants that all Services performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
Services of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any Services shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all Services must be of a quality
acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other Services, provided
under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and Service quality for the original
manufacturer’s warranty term or a period beginning with the start of the Services and
ending twelve (12) months from and after final acceptance under the Agreement,
whichever is time is longer, regardless of whether the same were furnished or performed
by Service Provider or by any of its subcontractors of any tier. Upon receipt of written
notice from the City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Service Provider in a manner and
at a time acceptable to City.
20. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, that party may be declared in default upon notice.
21. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the Agreement and seek damages;
b. treat the Agreement as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
22. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits 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
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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
authority to sign on behalf of their respective party and to bind such party to the terms of
this Agreement.
23. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution, and enforcement of
this Agreement —without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
City subsequently agrees in writing that the matter may be heard in federal court, venue will
be in 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.
24. Use by Other Agencies. The City reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the City’s award determination to the Service Provider. Use by any other Agency
shall not have a negative impact on the City in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for
the City in connection with the exercise of any rights hereunder, and neither party shall have
any right or authority to assume or create any obligation or responsibility on behalf of the
other. The other Agency shall be solely responsible for any debts, liabilities, damages,
claims or expenses incurred in connection with any Agreement established between them
and the Service Provider. The City’s concurrence hereunder is subject to the Service
Provider’s commitment that this authorization shall not have a negative impact on the
Services to be completed for the City.
25. Prohibition Against Unlawful Discrimination. The Service Provider acknowledges that the
City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. § 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or
Federal laws and regulations strictly prohibits unlawful discrimination based on an
individual’s gender (regardless of gender identity or gender expression), race, color, religion,
creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to City
policy “sexual orientation” means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the City strictly prohibits
unlawful retaliation against a person who engages in protected activity. Protected activity
includes an employee complaining that he or she has been discriminated against in violation
of the above policy or participating in an employment discrimination proceeding.
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The Service Provider shall comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies
to all third-party vendors and their subcontractors at every tier.
26. ADA and Public Accommodations. In performing the Services required hereunder, the
Service Provider agrees to meet all 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 Service Provider
or which would be imposed on the City as a public entity.
27. Technology Accessibility. The Service Provider represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Service Provider shall also comply with all State of Colorado technology standards
related to technology accessibility and with Level AA of the most current version of the Web
Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the Service Provider may be
required to demonstrate compliance. The Service Provider shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the City
in relation to the Service Provider’s failure to comply with C.R.S. § 24-85-101, or the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
The City may require the Service Provider’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the City to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
28. Data Privacy. Service Provider will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act).
Service Provider shall ensure that each person processing any personal data connected to
the Services is subject to a duty of confidentiality with respect to the data. If applicable,
Service Provider shall require that any subcontractors meet the obligations of Service
Provider with respect to any personal data connected to this Agreement. The Parties agree
that upon termination of the Services that Service Provider shall, at the City’s choice, delete
or return all personal data to the City unless retention of the personal data is required by
law. Service Provider shall make available to the City all information necessary to
demonstrate compliance with the obligations of the Privacy Act. Service Provider shall allow
for, and contribute to, reasonable audits and inspections by the City or the City’s designated
auditor.
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29. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law.
30. Colorado Open Records Act. Service Provider acknowledges that the City is a governmental
entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and
documents in the City’s possession may be considered public records subject to disclosure
under the CORA. The parties agree that this Agreement and all incorporated Exhibits,
unless specifically marked as Confidential, are considered public records under the CORA.
31. Delay. Time is of the essence. Subject to Force Majeure, if the Service Provider is
temporarily delayed in whole or in part from performing its obligations, then the Service
Provider shall provide written notice to the City within two (2) business days defining the
nature of the delay. Provision of written notice under this Section shall not operate as a
waiver of any rights or benefits provided to the City under this Agreement.
32. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Service Provider must provide notice to the City of such condition
within ten (10) calendar days from the onset of such condition.
33. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at https://www. fcgov.com/
airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this
reference. The City has implemented this manual for all projects performed for the City or
located within Fort Collins city limits.
34. Special Provisions. Special provisions or conditions relating to the Services to be performed
pursuant to this Agreement are set forth in Exhibit [choose one] - Confidentiality, consisting
of four (4) pages, incorporated herein.
35. Order of Precedence. In the event of a conflict or inconsistency within this Agreement, the
conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this Agreement (and any written amendment),
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b. Exhibits to this Agreement, and
c. The Purchase Order document.
36. 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 Service Provider harmless; requires the City to agree to binding
arbitration; limits Service Provider’s liability; or that conflicts with statute, City Charter or City
Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT [CHOOSE ONE]
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the Service Provider under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Service Provider's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this Agreement for all of
the Service Provider's employees engaged in work performed under this Agreement. Workers'
Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000
per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as
required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement General
Liability insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property damage
shall be on a (broad form) basis. The amount of insurance for General Liability shall not be
less than $1,000,000 combined single limits for bodily injury and property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
Automobile Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability
shall not be less than $1,000,000 combined single limits for bodily injury and property damage.
D. Errors and Omissions. The Service Provider shall maintain errors and omissions insurance
in the amount of $1,000,000.
E. Cybersecurity. The Service Provider shall maintain cybersecurity insurance in the amount of
$5,000,000.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Service Provider under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, City customer identifiable information (including account, address,
billing, consumption, contact, and other customer data), utility metering data, service billing
records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Service Provider shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the City, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this Agreement and related to the services for which Service Provider
has been engaged shall be considered in the same manner and be subject to the same
treatment as the information disclosed after the execution of this Agreement with regard to
protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental to
Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Service Provider shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this Agreement as an on-going obligation of the Parties.
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Service Provider shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this Agreement.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, Service Provider must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take
appropriate steps to mitigate identity theft if it occurs with any of the City’s covered information
and must notify the City in writing within twenty-four (24) hours of discovery of any breaches
of security or Red Flags to the City.
7. Data Protection and Data Security.
Service Provider shall have in place information security safeguards designed to conform to
or exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written Agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) Service Provider’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
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• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. Service Provider may use subcontractors, though such activity shall not
release or absolve Service Provider from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and Confidential Information received, for any subcontractor Service Provider may use.
Accordingly, any release of data, confidential information, or failure to protect information
under this Agreement by a subcontractor or affiliated party shall be attributed to Service
Provider and may be considered to be a material breach of this Agreement.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the Service Provider can ensure security for the Confidential Information so
stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The Agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or Agreement and at any time
thereafter unless specifically authorized by the City in writing.
10. Termination Remedy. If Service Provider breaches any of the terms of this Exhibit, in the City’s
sole discretion, the City may immediately terminate this Agreement and withdraw Service
Provider’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this Agreement to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. Service Provider Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this Agreement, disclose security information
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that is critical to the continued success of the Discloser’s business. Accordingly, Receiving
Party agrees that the Disclosing Party does not have an adequate remedy at law for breach
of this Agreement and therefore, the Disclosing Party shall be entitled, as a non-exclusive
remedy, and in addition to an action for damages, to seek and obtain an injunction or decree
of specific performance or any other remedy, from a court of competent jurisdiction to enjoin
or remedy any violation of this Agreement.