HomeMy WebLinkAboutRFP - 10235 Engineer Consultant for Fossil Creek - Trilby to LemayRFP 10235 - Engineer Consultant for Fossil Creek - Trilby to Lemay
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REQUEST FOR PROPOSAL
10235 - ENGINEER CONSULTANT FOR FOSSIL CREEK - TRILBY TO LEMAY
RFP DUE: 3:00 PM MT (Mountain Time), NOVEMBER 20, 2025
The City of Fort Collins is requesting proposals from qualified Professionals to provide design,
permitting, modeling, and construction support for the rehabilitation of Fossil Creek between
Lemay Avenue and Trilby Road. The project will address bank stability, flood risk reduction,
aquatic habitat restoration, and reconnection of the floodplain while preserving the operational
function and aesthetics of the Southridge Golf Course. The City intends to deliver the project
through the Construction Manager/General Contractor (CM/GC) method. Professionals will be
required to coordinate directly with the selected CM/GC contractor during design to incorporate
constructability reviews, cost reconciliation, and early work package development..
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 10:00AM MT on October 30, 2025. The pre-proposal
meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your
browser for access to the meeting. Please be prepared to announce your name and mute your
microphone:
Microsoft Teams Need help?
Join the meeting now
Meeting ID: 226 354 028 297 9
Passcode: G4tY9CA9
All questions should be submitted, in writing via email, to Jake Rector, Purchasing
Manager at jrector@fcgov.com, with a copy to Jason Stutzman, Project Manager, at
jstutzman@fcgov.com, no later than 3:00 PM MT on November 5, 2025. Please format your
e-mail to include: RFP 10235 - Engineer Consultant for Fossil Creek - Trilby to Lemay in the
subject line. Questions received after this deadline may not be answered. Responses to all
questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
91800 Consulting Services
92500 Engineering Services, Professional
92528 Drainage Engineering
92533 Engineering Services, Professional
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
fcgov.com/purchasing
RFP 10235 - Engineer Consultant for Fossil Creek - Trilby to Lemay
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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 ori entation, 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 Professionals 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 Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data i nformation may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Professionals Registration: The City requires new Professionals receiving awards from the
City to submit IRS form W-9 and requires all Professionals 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,
RFP 10235 - Engineer Consultant for Fossil Creek - Trilby to Lemay
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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 Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Project Context
The City of Fort Collins manages a comprehensive Stormwater Utility that includes
stream rehabilitation as a key component of its watershed resilience program. The Fossil
Creek reach from Trilby Road to Lemay Avenue has been identified as a priority for
restoration due to erosion concerns, habitat degradation, and the need to improve
floodplain connectivity and aquatic habitat. The corridor flows through the Southridge
Golf Course and adjacent residential and open space areas, creating unique engineering
and stakeholder coordination challenges.
B. Objective
The City of Fort Collins is requesting proposals from qualified Professional to provide
design, permitting, modeling, and construction support for the rehabilitation of Fossil Creek
between Lemay Avenue and Trilby Road. The project will address bank stability, flood risk
reduction, aquatic habitat restoration, and reconnection of the floodplain while preserving
the operational function and aesthetics of the Southridge Golf Course. (see map below).
The City intends to deliver the project through the Construction Manager/General
Contractor (CM/GC) method. Professionals will be required to coordinate directly with the
selected CM/GC contractor during design to incorporate constructability reviews, cost
reconciliation, and early work package development.
C. Background
The City is divided into thirteen stormwater basins each with a master plan addressing
the unique set of stormwater challenges for that basin. The Fossil Creek hydrology was
last updated in 2006, with a new hydrology basin update currently pending in 2025. In
2012, the City updated these thirteen basin master plans to incorporate stream
rehabilitation and water quality best management practices, based on the CSU Stream
Rehabilitation Report (2012). Ten stream tributaries were evaluated, including Fossil
Creek.
The report identified habitat, erosion susceptibility, and geomorphic data for 18 miles of
streams impacted by agriculture and urban development. A Multi-Criterion Decision
Analysis (MCDA) tool was developed to prioritize rehabilitation projects. The Fossi l
Creek reach from Lemay Avenue to Trilby Road is identified as the next priority. The
creek is highly degraded and is used for irrigation conveyance year-round.
The scope identified in this document is the next priority for the City. The reach for Fossil
Creek begins at Lemay Avenue and flows southeast through Southridge Golf Course
before turning south to Trilby Road.
This project’s complexity, golf course integration, and high ecological sensitivity make it
well-suited for CM/GC delivery. Early contractor involvement will allow cost and
constructability feedback during design development, helping reduce permitting delays,
improve scheduling, and ensure ecological goals are met.
D. Project Objectives
1. Rehabilitate natural stream channel morphology and improve geomorphic stability.
2. Reconnect floodplain areas to increase habitat diversity and reduce flood risks.
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3. Improve aquatic and riparian habitat through native plantings and large wood
structures.
4. Address erosion and sediment transport concerns.
5. Support regulatory compliance and permitting.
6. Provide resilient, sustainable, and maintainable design solutions.
7. Ensure stream rehabilitation design protects and maintains the functionality,
playability, and daily operations of Southridge Golf Course, which the project flows
through.
8. Deliver design documents structured to support CM/GC preconstruction workshops,
Guaranteed Maximum Price (GMP) development, and phased construction
packaging.
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II. SCOPE OF PROPOSAL
A. Project Scope Overview
For the design of this stream section of Fossil Creek, the following task items are
provided as general outline for the Professional, including, but not be limited to:
1. Design and regulatory hydraulic modeling (HEC-RAS)
a. Modeling will include the creek crossing at Trilby.
b. The current culvert at Fossil Creek and Trilby will be replaced. The
CLOMR will be provided. LOMR to follow later.
c. Professional shall coordinate modeling results with CM/GC input to
evaluate constructability of hydraulic improvements and identify
sequencing or early work opportunities.
2. Land Ownership coordination – Public and Private
a. Paragon Point HOA Open Space
b. Southridge Golf staff – this is City owned and managed.
c. Professional shall participate in joint meetings with CM/GC and property
owners to ensure construction access, easements, and restoration
commitments are feasible and clearly communicated.]
3. Permitting: All local, state and federal permitting need to be identified and
obtained including but not limited to:
a. City regulated floodplain and floodway
i. Fort Collins Floodplain Use Permit
• City Conditional Letter of Map Revision (CLOMR)
• City Letter of Map Revision (LOMR)
ii. Hydraulic Modeling and Floodplain Mapping
• City Floodplain modeling guidelines can be found here:
https://www.fcg..ov.com/utilities/what-we-
do/stormwater/flooding/forms-documents.
iii. Adjustments to the design as necessary based on modeling.
b. Clean Water Act Section 404Coordination with the Army C.O.E.
i. Compliance with current regulations
ii. Class III Cultural Resources Survey with any required SHPO
consultation.
c. Professional shall support CM/GC participation in pre-permit coordination
meetings to ensure construction means and methods are incorporated
into permit applications, thereby reducing risk of delays.
4. Sustainable stream design to accommodate the following:
a. Irrigation flow
b. Low flow conditions
c. 100-year flow event
d. Proactive treatments appropriate for the unnatural ephemeral flow pattern
will be required.
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e. Professional to review design alternatives with CM/GC during
risk/constructability workshops to verify feasibility of bioengineered
solutions and long-term maintenance considerations.
5. Provide golf course design and construction expertise.
6. Provide a fish survey and recommendations.
7. Development of Construction Documents including drawings, specifications, and
other pertinent documentation. Construction documents shall be developed in
coordination with CM/GC to allow early work packages (e.g., access, dewatering,
vegetation procurement) and align with Guaranteed Maximum Price (GMP)
development.
8. Preparation of materials for two open houses and page flip workshops with City
staff. Professional shall include CM/GC participation in at least one of these
workshops to communicate construction sequencing and community impacts.
9. Support through construction. Professional shall coordinate closely with CM/GC
during construction for RFI response, shop drawing reviews, and as-built
documentation, ensuring consistency between design intent and actual field
implementation.
2. Scope of Work
The scope of the project is to provide design, permitting, modeling, and construction
support services for stream rehabilitation on Fossil Creek. The Fossil Creek project
reach begins at Lemay Avenue and flows southeast across Southridge Golf Course for
~2,300 feet and continues south across Paragon Point HOA open space for ~5,300 feet
to Trilby Road.
Task 1 – Project Management and Administration
Subtask 1.1: General Project Management
Time for this task is allocated to the Professional Project Manager to oversee and
administer the project and will include the following activities.
1. Kickoff meeting
2. Monthly Project meetings
3. Drawing / Plan Set Standards meeting, including datum standards (i.e.,
Ground Master, State Plane, NAVD 88, etc.)
4. Project / schedule review meetings (30%, 60%, and 90%)
5. Coordination calls with pertinent stakeholders (Professional to develop this
list and contact information) including Professional team lead and City PM.
6. Professional shall include the CM/GC contractor and Independent Cost
Estimator (ICE) in relevant meetings once procured. Key workshops at 30%,
60%, and 90% milestones must include CM/GC participation for
constructability, sequencing, and cost reconciliation.
Deliverables:
1. Professional to provide meeting agendas and notes/minutes.
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2. Documented constructability and risk workshop logs including CM/GC
feedback and Professional’s response.
Subtask 1.2: Project Controls and Reporting
Prepare monthly invoices to the Owner in an approved format. Invoices shall be
itemized by tasks, Prime Professional, and subconsultants and include the following:
1. Total contract amount
2. Detailed charges for the current invoice period (by role/person x hourly rate)
3. Outstanding balance
4. Percent Billed
5. Total amount due
6. Items as required by contract.
7. Submitted with City Project Summary Sheet (City template)
The Professional is responsible for the management of the Professional Team’s
(including subconsultants) overall project controls, actively coordinating with the
Owner’s Project Manager to manage the following:
1. Project costs
2. Project schedule
3. Document control. Items needed will include digital copies of all models,
supporting Excel files, any AutoCAD, and GIS linework. All draft reports must
be in PDF format and a hard copy of any final versions. All floodplain
requirements are to be coordinated directly with the City’s Floodplain staff
and Model Permitting website.
4. Professional shall track and report CM/GC input on risk allocation, value
engineering proposals, and cost model adjustments. These shall be
documented in monthly project status reports
Monthly project status reports shall be prepared and submitted to the Owner, along
with the monthly invoices. The reports shall include the following:
1. A summary of services completed since the previous report
2. Updates to the current project schedule and budget status
3. Project issues and potential change logs
4. Milestones and/or deliverables scheduled in the coming month
5. Other material information per contract
6. A section documenting CM/GC constructability reviews, risk register updates,
and ICE cost reconciliation outcomes
All documents shall be provided electronically and compatible with:
1. Microsoft Office (Word, Excel, Power Point, Etc.)
2. Adobe Acrobat (pdf Files)
3. AutoCAD (Version 2017)
4. ArcGIS Pro (Version 2.9)
5. HEC-RAS (as currently required by the City
Deliverables:
1. Monthly invoices
2. Monthly project status reports
3. Project schedule tracking
4. CM/GC/ICE workshop minutes, risk register updates, and cost model
adjustments
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Task 2 – Hydraulic Modeling and Floodplain Mapping
The City will provide the Professional with any previous modeling efforts. The
hydrology modeling will remain, but a new hydraulics model and floodplain map are
required. All models must be accompanied by a design intent memorandum. If the
Professional chooses to do so, the hydraulic floodplain modeling can be incorporated
into the Design Memorandum mentioned in Task 5.
Subtask 2.1: City CLOMR/LOMR Process Modeling Requirements
The Professional will be required to create a duplicate effective model based on the
effective model from the City as well as a corrected effective model to address any
errors while creating the duplicate effective model. All modeling should include the
following:
1. Conversion of HEC RAS 2.2 to most recent version. All modeling must be 2-
D, unless used for regulatory purposes with different requirements.
2. Survey including current floodplain, easement, property boundaries, and
internal City Ownership (Parks, Natural Areas, etc.).
3. All errors noted in the duplicate effective model must be noted in an issue log
and remedy response must be recorded.
4. Professional shall coordinate CLOMR/LOMR modeling reviews with the
CM/GC contractor to verify constructability of hydraulic improvements (culvert
replacement, channel adjustments, floodplain benches). CM/GC input will be
used to identify sequencing challenges, access needs, and potential early
work packages for permitting
Subtask 2.2: Conditional Letter of Map Revisions (CLOMR) and Letter of Map
Revisions (LOMR)
CLOMR/LOMR documentation must be compliant with all City of Fort Collins
requirements. New floodplain mapping will be required as part of the process. City
floodplain modeling guidelines can be downloaded from the City website at
https://www.fcgov.com/utilities/what-we-do/stormwater/flooding/forms-documents.
Professional shall facilitate CM/GC participation in permit strategy meetings to align
construction means and methods with regulatory compliance, thereby minimizing
later revisions
Subtask 2.3: Geomorphology Modeling
Professional will provide a stream stability analysis with an emphasis on sediment
transport to show improvements made before and after the project is complete.
Professional shall review model assumptions and results with CM/GC to validate
feasibility of in-stream structures (grade controls, riffles, large woody debris) and to
anticipate constructability challenges
Deliverables
1. Duplicate Effective Model
2. Corrected Effective Model
3. CLOMR
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4. LOMR
5. Qualitative Geomorphology Model
6. Meeting analysis model to influence infrastructure design outside of the
scope.
Subtask 2.4: Subsurface Utility Engineering (SUE) Investigation
Ensure all investigations necessary to comply with SB 18-167 are completed.
Professional shall coordinate SUE findings with CM/GC to identify utility conflict
resolutions early, reducing redesign risk and avoiding unexpected construction
delays
Task 3 – Permitting
Subtask 3.1: Permitting
Develop a detailed Permitting Summary that will be incorporated into the Basis of
Design Memorandum. The Permitting Summary will include the following:
1. Identification of the federal, state, county and city regulatory requirements as
well as the party responsible (e.g., Professional or Construction Contractor)
for obtaining the permits. The following are potential entities that could
require a permit for this project but are not necessarily the only entities.
a. Army Corps of Engineers (Section 404)
b. City of Fort Collins Floodplain Permitting
c. City of Fort Collins Erosion Control Permitting
d. All applicable irrigation companies
e. SHPO if necessary
2. Complete applications for applicable permits.
3. Establish a tracking system to monitor the progress and status of each permit
and associated fees.
4. Establish a schedule for obtaining applicable permits including any lead
times.
5. Professional shall involve the CM/GC contractor in permit scoping meetings
(e.g., 404 pre-applications, floodplain coordination) to ensure construction
methodologies and phasing are accurately represented in permit applications.
This collaboration will reduce the risk of redesign or re-permitting once
construction begins
6. Professional shall integrate CM/GC input on temporary works (dewatering,
access, staging) into permit documentation, so that approval timelines and
compliance obligations align with actual construction practices
The information documented in the Permitting Summary will be integrated into the
design and construction processes, as appropriate.
Deliverables:
1. Permitting Summary
2. Associated completed permit applications.
3. Permitting schedule
4. Documentation of CM/GC and ICE input into permit strategy, and
confirmation that permit conditions are constructible within project budget and
schedule
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Task 4 – Baseline Data and Investigation
Review existing and develop baseline information and data to facilitate the design
and construction phases.
1. Cultural resources surveys and outreach to potentially impacted communities.
Professional shall share findings with the CM/GC so that cultural resource
avoidance or mitigation measures can be incorporated into construction
sequencing early
2. Wetland delineation. Professional shall coordinate delineation results with
CM/GC to validate construction access routes, staging areas, and avoidance
buffers.
3. Site inspection and investigation of existing system in support of design.
Professional shall invite CM/GC participation in site walks to identify
constructability issues, access constraints, and opportunities for early work
packages (e.g., clearing, temporary access
4. Professional shall coordinate with a qualified golf course architect to assess
existing golf course conditions, turf types, grading, irrigation systems, and
routing in areas adjacent to proposed stream improvements
5. Condition assessment of Fossil Creek with prioritized areas for restoration to
meet the stated goals of the City’s Stream Rehabilitation Program.
Professional shall work with CM/GC to confirm restoration priorities are
feasible given site logistics, material sourcing, and golf course operational
constraints
6. Site mapping and measurements will include survey/GPS.
7. Baseline geomorphic assessment.
8. Review City stream rehabilitation specs and previous project documentation
for best practices at the City of Fort Collins.
9. Fish Survey - A fish survey shall be conducted by fisheries biologists in
accordance with the Rapid Bioassessment Protocols (RBP) (Barbour et al.,
Plafkin et al., 1989). The existing conditions and post-construction surveys
will take place over a single field event during the summer or early fall season
to maximize catch. The initial survey will serve as a baseline for this fish
community composition and integrity with the follow-up assessment for
comparison after construction
Deliverables:
1. Condition assessment and site investigation technical memorandum (TM).
2. Cultural Resources assessment with recommendations for construction
oversight and any restrictions during construction. Documented CM/GC
review of cultural resource restrictions, with agreed-upon methods to avoid
impacts.
3. Wetland delineation with 100’ buffer. CM/GC review comments on wetland
impacts and feasible construction access
4. Existing conditions fish survey including field assessment, fish sampling, data
analysis, and reporting.
5. CM/GC input log from baseline investigations, documenting constructability
considerations, access issues, and staging constraints
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Task 5 – 30% Design
The 30% Design finalizes the scope for the project. This includes the design effort
necessary to determine the scope and involves all the design disciplines on the
project.
Alternatives for stream restoration are to be included. The Professional will select
areas where the approach for restoration could use some discussion and present
options at an Alternative Approaches Workshop.
Golf course architect shall review rehabilitation alternatives for impacts to course
functionality, grading, and aesthetics, and provide design integration
recommendations.
The design will be summarized in a Basis of Design Memorandum that covers all
major design criteria, including the development of a risk register, regulatory
standards, permits, materials, and design methodology, as well as a workshop
meeting with the City to gain consensus on the design.
This task also includes the design and specifications for which segments in the
project corridor are selected for construction, vegetative restoration approach, and
any requirements from permitting entities.
Development of an Opinion of Probable Construction Cost incorporating the 30%
design documents as outlined in the American Association of Cost Engineers
(AACE) Class 3 cost estimate.
CM/GC Integration
Professional shall conduct a 30% Design Workshop jointly with the CM/GC and
Independent Cost Estimator (ICE) to review constructability, sequencing, and
staging.
Professional shall incorporate CM/GC feedback into the risk register to confirm
allocation of risks between the City, Designer, and Contractor.
Professional shall provide cost estimate data in a format that supports open-book
cost reconciliation with CM/GC and ICE.
Professional shall work with CM/GC to identify opportunities for early work packages
(e.g., access preparation, utility relocations, plant material procurement).
Professional should revise alternatives analysis and Basis of Design Memorandum
based on CM/GC constructability and cost input.
Deliverables:
1. Alternatives Approaches Workshop.
2. Basis of Design Memorandum
a. Defined scope for Fossil Creek.
b. Construction approaches regarding vegetation restoration.
c. CM/GC and ICE constructability/risk review log appended
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3. 30% Design Workshop.
a. Conducted jointly with CM/GC and ICE to review risks and costs
4. Risk Register items that require mitigation.
a. Updated with CM/GC’s assigned risks and mitigation strategies
5. Design documents including drawings, specifications, and any pertinent
modeling.
6. 30% Design Drawings in electronic PDF format and electronic AutoCAD files.
7. 30% design level draft of project specific Division 1 specifications in electronic
Word format.
8. 30% design Opinion of Probable Construction Cost.
a. Submitted in open-book format for reconciliation with CM/GC and ICE
Task 6 – 60% Design
Provide written resolution response(s) to all comments received on the 30% design
submittal a minimum of 2 weeks prior to submitting the 60% design package, and
schedule meeting with City and stakeholders to discuss the review comments and
how they will be incorporated into the 60% design. Professional shall prepare
construction front-end documents and update project Opinion of Probable
Construction Cost to incorporate in the 60% design documents
Golf course architect shall review rehabilitation alternatives for impacts to course
functionality, grading, and aesthetics, and provide design integration
recommendations
CM/GC Integration
Professional shall conduct a 60% Design Workshop with CM/GC and ICE to
reconcile construction costs, refine sequencing, and validate assumptions in the risk
register.
Professional shall coordinate with CM/GC to identify early procurement needs (e.g.,
long-lead plant materials, specialty stone, golf course turf restoration products).
Professional shall integrate CM/GC constructability comments into drawings and
specifications to improve clarity and reduce potential RFIs during construction.
Professional shall provide updated cost estimate data in an open-book format for
reconciliation with CM/GC and ICE.
Professional shall incorporate CM/GC input on staging, access, and phasing in the
updated design.
Deliverables:
1. Revised Basis of Design Memorandum
2. Risk Register items that require mitigation.
a. Updated with CM/GC input on allocation of residual construction risks
3. 60% Design Drawings in electronic PDF format and electronic AutoCAD files.
4. Comment Resolution Responses to all comments received from the 30%
design drawings.
5. 60% specification package in electronic Word format
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6. 60% design Opinion of Probable Construction Cost
a. Reconciled with CM/GC and ICE cost models
Task 7 – 90% Design
At 90% design, the Professional shall conduct a workshop with CM/GC and ICE to
finalize constructability reviews, reconcile costs, and support GMP development.
Risk register and design documents must reflect final contractor input. Deliverables
shall include an open-book cost estimate reconciled with CM/GC/ICE and a log of
constructability responses
Provide written comment resolution response to all comments received on the
60% design submittal a minimum of 2 weeks prior to submitting the 90% design
package, and schedule meeting with City and stakeholders to discuss the review
comments and how they will be incorporated into the design.
Prepare Final Design Report which will document all calculations and design
assumptions and include:
1. Design standards and codes to be used in each design discipline.
2. Any other relevant information that will impact the design.
3. Professional shall conduct a 90% Design Workshop with the CM/GC
contractor and Independent Cost Estimator (ICE). This workshop will focus
on constructability, sequencing, and cost reconciliation. Professional shall
support the City and CM/GC in developing the Guaranteed Maximum Price
(GMP), including open-book sharing of cost models and reconciliation of
estimates between Professional, CM/GC, and ICE
4. Professional shall update the risk register to reflect final allocation of risks
agreed between the City, CM/GC, and Professional. Design documents shall
incorporate CM/GC feedback on access, staging, safety, and quality control
requirements
Deliverables:
1. Final Design Report
2. Updated Risk Register
a. Revised with final CM/GC allocation of construction risks
3. 90% Design Workshop
4. 90% Design Drawings in electronic PDF format and electronic AutoCAD files
5. Comment Resolution Responses to all comments received from the 60%
design drawings.
6. 90% specification package in electronic Word format.
7. 90% design Opinion of Probable Cost using Class 1 cost estimating based on
AACE.
a. Submitted in open-book format reconciled with CM/GC and ICE
Task 8 – Final for Construction (FFC)
Provide written comment resolution response to all comments received on the 90%
design submittal a minimum of 2 weeks prior to submitting the FFB design package,
and schedule meeting with City and stakeholders to discuss the review comments
and how they will be incorporated into the design. All engineering shall be overseen,
signed, and sealed by a Professional Engineer registered in Colorado.
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Professional shall confirm that FFB drawings and specifications incorporate all
CM/GC constructability feedback and risk resolution items. Professional shall assist
the City and CM/GC in preparing final bid-ready packages, including Division 1
specifications tailored to CM/GC means and methods. The Professional will support
final GMP documentation
Deliverables:
1. Scope of Project
2. FFB Design Drawings in electronic PDF format and electronic AutoCAD files.
3. FFB specification package in electronic Word format including Technical
Specifications, as well as any required information for permitting a contractor
will need to know. The City has a working set of specifications from previous
projects that will be amended to be relevant to this project. General
Conditions (Div 00) will be provided by the City. Division 01 General
Requirements Specifications will be provided by the Professional.
4. FFB Class II Opinion of Probable Construction Cost.
5. One full-size hard copy of Drawings with Professional PE stamp and
signature, and any signatures required by the Owner.
6. Bid Schedule in Excel format
7. Estimated Project Schedule
8. Log of constructability comments incorporated at FFB stage
9. Log of constructability comments incorporated at FFB stage
Task 9 – Construction Support Services – via Alternate Item in the Master
Agreement.
Professional to provide onsite construction and resident engineering support
services. Professional shall support the CM/GC contractor during construction,
providing timely responses to RFIs, shop drawings, and submittals. Professional
shall also track adherence to the GMP, assist with early procurement verification,
and update as-builts in coordination with CM/GC
Deliverables:
1. Submittal reviews and log tracking including RFIs, shop drawings –
submittals, etc.
2. Construction meetings and scheduling, 3-week look ahead development, host
construction meetings and take notes, maintain and submit construction daily
logs and reports.
3. Maintain and track construction schedule including construction quantity
tracking and pay request review.
4. Redlines coordination with contractor.
5. Signed and stamped Record – As-built Drawings in PDF format.
6. Recommendations for best management practices for long term
maintenance.
7. As-built PDF and AutoCAD files as well as any geospatial data created during
construction.
8. Onsite cultural resource support as suggested from earlier tasks.
9. Documentation of CM/GC cost/schedule tracking and GMP compliance
support
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Task 10 – Community Engagement
The City will host two public engagement events at 30% and pre-construction stages.
Professional shall coordinate with CM/GC to prepare construction phasing and
access visuals for public events. Professional will ensure that CM/GC input on
community impacts (e.g., golf course closures, trail access) is integrated into
outreach materials
1. The first event will occur after the 30% milestone. The intent is to show
community members the extent of the scope, potentially some options based
on the Alternatives Approaches Workshop, schedule expectations, and final
design renderings.
2. The second event will be just before construction and will confirm scheduling
dates as well as give feedback on comments received during the 30% event.
Deliverables:
Public engagement materials
Meeting notes and feedback reports
Visuals and talking points prepared jointly with CM/GCCM/GC to communicate
construction impacts
3. Milestones
Tentative Milestone timeline for design, permitting, and construction (plan set and
specifications) are preliminarily outlined as follows. Professional is to provide a more
detailed, realistic schedule with milestones and critical timelines. Dates for contracting as
a response to this RFP are as follows:
Anticipated Schedule:
✓ Professional Selection by end of December 2025.
✓ 30% design complete by June 2026.
✓ Final design and bid documents complete by March 2027.
✓ Construction starts by November 1, 2027.
✓ Substantial Completion by April 15, 2028.
✓ Final Acceptance by August 2028.
✓ As-builts, Permitting, and Project Closeout by February 2029
Milestone Deliverables Approx Date
Kickoff / Baseline Design Basis Report, survey, site inventory Month 4
30 % Preliminary plans, risk workshop Month 6
60 % Detailed plans, cost estimate, cost reconciliation Month 12
90 % Near-final plans, constructability review Month 15
Final FFC package, GMP support, CM/GC integration Month 17
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B. Minimum Qualifications
1. Technical Expertise – Proven experience in stream and riparian restoration
design, including geomorphic, hydraulic, and ecological restoration principles.
Proficiency in hydraulic and hydrologic modeling using HEC-RAS (2D) and
preparation of CLOMR/LOMR submittals compliant with City of Fort Collins
standards.
2. Permitting and Regulatory Coordination – Proven capability in navigating local,
state, and federal permitting processes, including City of Fort Collins Floodplain Use
Permits, EPA Section 404, and SHPO consultation. Familiarity with Fort Collins
floodplain modeling guidelines and federal environmental documentation.
3. CM/GC Project Experience – Prior experience working within a Construction
Manager / General Contractor (CM/GC) or similar collaborative project delivery
framework, including constructability reviews and cost modeling.
4. Golf Course Coordination – Experience delivering design work within or adjacent
to active recreational facilities such as golf courses, ensuring operational fu nctionality
is maintained during construction.
5. Project Management and Communication – Strong management, schedule, and
stakeholder engagement skills, including coordination with multiple agencies and
facilitation of community outreach.
6. Professional Credentials – Key staff must include at least one Professional
Engineer (PE) licensed in Colorado; supporting team members should include
hydraulic modelers, geomorphologists, ecologists, and landscape architects.
7. Quality, Schedule, and Value – Proven ability to deliver high-quality design
documentation on time and within budget; demonstrated success on similar
municipal stream restoration projects.
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: October 15, 2025
• Pre-Proposal Meeting: 10:00AM MT on October 30, 2025
• Question deadline: 3:00 PM MT on November 5, 2025
• Proposal due date: 3:00 PM MT on November 20, 2025
• Interviews (tentative): December 1st-15th, 2025
• Award of Contract (tentative): December 2025
D. Interviews
In addition to submitting a written proposal, the top-rated Professionals may be
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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 applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Professional will be required to
provide original receipts to the City for all travel expenses.
F. Subcontractors/Subconsultants
Professional will be responsible for identifying any subcontractors and/or subconsultants
in their proposal. Please note that the City will contract solely with the awarded
Professional; therefore, subcontractors and/or subconsultants will be the responsibility of
the Professional.
G. Financial Qualifications (CONFIDENTIAL)
Professionals selected as finalists may be required to submit a banking reference and the
most recent financial statement (audited preferred) including balance sheet and income
statement, as well as a statement of cash flows (the “Financial Information”).
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 Professional 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 Professional 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. Work Orders
The awarded Professional will be required to sign the City’s Work Order Type Agreement,
a sample of which is attached as Section VI for reference purposes.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
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include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Professional, project manager and Purchasing Department representative. Depending on
the cost and nature of the Work, additional signature authorization may be required. Any
changes to the dates, cost or scope of any Work Order must be agreed upon in writing
utilizing the City’s Change Order (included in the Agreement) and will not be considered
valid until signed, at a minimum, by the Professional, project manager and Purchasing
Department representative.
L. 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 Professional each month
following the submittal of a correct invoice by the Professional indicating the project name,
Purchase Order number, task description, hours worked, personnel/work type category,
hourly rate for each employee/work type category, date of the work performed specific to
the task, percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Professional and the City will negotiate an appropriate unit price for the service prior to the
Professional 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 twenty (20) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowlegement 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.
Professionals 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
Professionals 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
Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
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Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
M. Professional Information
1. Describe the Professional’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).
N. Scope of Proposal
1. Provide a detailed narrative of the services proposed per the scope above. The
narrative should include any options that may be beneficial for the City to
consider. The narrative must also describe how the Professional will collaborate
with the CM/GC contractor and Independent Cost Estimator (ICE) during
preconstruction, including constructability workshops, cost reconciliation, early
work packaging, and GMP development.
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
Professional.
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. Is the project team available to attend meetings as required by the Scope of Work?
10. Provide an outline of the schedule for completing tasks, with Tasks and subtasks as
milestones. Identify additional tasks, if it is recommended they be included. Identify
how design milestones (30%, 60%, 90%, Final) will incorporate CM/GC workshops
and reconciliation reviews.
O. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
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projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. The résumés shall include at least three individual references from
previous assignments.
3. Detail your firm’s experience with HEC RAS and creating innovative engineering
solutions pertinent to the design and installation of a stream restoration project of this
size.
4. Include prior experience working in CM/GC or CMAR delivery settings,
demonstrating ability to integrate contractor feedback into design.
5. List recent work with regulatory agencies like the Army Corps of Engineers, City of
Fort Collins, Union Pacific, ditch companies and other permitting capabilities relevant
to this project
6. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
7. 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 Professional
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.
8. Provide any information that distinguishes Professional from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Professional’s proposal.
P. 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 Professional.
Some examples are provided below:
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a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
Q. 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.
Include a separate line item for time allocated to CM/GC coordination, workshops,
constructability review responses, and GMP support.
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. Professional will be
required to provide original receipts to the City for all travel expenses.
R. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Professional. The Professional 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.
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S. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
fully bound by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals 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 Professionals 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.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
20% Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Can the work be completed in
the necessary time? Can the target start and
completion dates be met? Are other qualified
personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
45% Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
5% Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
30% Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
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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.
Professional 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 10235 – Engineer Consultant for Fossil Creek – Trilby to
Lemay and sample Agreement except as otherwise noted. Additionally, Professional 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
Professional’s knowledge and belief.
b. Professional 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. Professional further agrees that the method of award is acceptable.
e. Professional 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. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Professional 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. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA . All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
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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.
Official Purchasing Document
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Master Professional Services Agreement – Work Order Type
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
This Master Professional Services Agreement (Agreement) made and entered into the
day and year set forth in the Agreement Period section below, by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) [enter state]
[business type] (Professional).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The Professional agrees to provide Services in accordance with any
project Work Orders for 10235 Engineering Consultant for Fossil Creek – Trilby to Lemay,
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 [choose one] additional one-year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties only at
the time of renewal. [Any price changes shall not exceed percent ( %) per
annual renewal]. Written notice of renewal shall be provided to the Professional no later
Official Purchasing Document
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10235 Engineering Consultant for Fossil Creek – Trilby to Lemay
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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
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: Jason Stutzman
PO Box 580
Fort Collins, CO 80522
jstutzman@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Professional on a time and reimbursable direct cost basis as
designated in Exhibit D, consisting of [# of Pages], attached and incorporated herein. At the
election of the City, each Work Order may contain a maximum fee, which shall be negotiated
by the parties hereto for each Work Order. Partial payments based upon the Professional’s
billings and itemized statements are permissible as defined in the applicable Work Order.
The amounts of any partial payments shall be based upon the Professional’s City-verified
progress in completing the Service(s) to be performed pursuant to the Work Order and upon
approval of the Professional’s direct reimbursable expenses. Payment shall be made
following acceptance of the Services by the City.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the Professional following the
submittal of a correct itemized invoice by the Professional. The City is exempt from sales
and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of
the license is available upon written request.
Official Purchasing Document
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The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
8. Design and Service Standards. The Professional warrants and shall be responsible for the
Professional quality, technical accuracy, accessibility requirements under ADA and Public
Accommodations and Technology Accessibility sections below, timely completion and the
coordination of all Services rendered by the Professional, and the Project Instruments as
defined in the Project Instruments and License section below. The Professional shall,
without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies from such standards.
9. Indemnification. The Professional shall indemnify, defend, and hold harmless the City and
its officers and employees, to the maximum extent permitted under Colorado law, against
and from any and all actions, suits, claims, demands, or liability of any character whatsoever
claimed by the Professional or third parties against the City arising out of or related to this
Agreement (not limited to contract, tort, intellectual property, accessibility, or otherwise).
This obligation extends to reimbursement of the City's costs and reasonable attorney’s fees.
10. Insurance. The Professional shall maintain insurance in accordance with Exhibit E,
consisting of one (1) page, attached hereto and incorporated herein.
11. Appropriation. To the extent this Agreement, or any provision in it, requires payment of any
nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by the
Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have
no obligation to continue this Agreement in any fiscal year for which there are no pledged
cash reserves or supporting appropriations pledged irrevocably for purposes of payment
obligations herein. Non-appropriation by the City shall not be construed as a breach of this
Agreement.
12. Project Instruments and License.
a. Upon execution of this Agreement, the Professional grants to the City an irrevocable,
unlimited and royalty free license to use any and all sketches, drawings, as -builts,
specifications, designs, blueprints, data files, calculations, studies, analysis, renderings,
models, plans, reports, and other Work Order deliverables (Project Instruments), in any
form whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the City substantially
performs its obligations under the Agreement. The license granted hereunder permits
the City and third parties reasonably authorized by the City to reproduce applicable
portions of the Project Instruments for use in performing the Services or construction for
the project. In addition, the license granted hereunder shall permit the City and third
parties reasonably authorized by the City to reproduce and utilize the Project
Instruments for similar projects, provided however, in such event the Professional shall
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not be held responsible for the design to the extent the City deviates from the Project
Instruments. This license shall survive termination of the Agreement by default or
otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
Professional shall become the City’s property. The Professional shall provide the City
with the Project Instruments in electronic format in a mutually agreed upon file type.
13. City Project Manager. The City’s Project Manager will be shown on the specific Work Order
and shall make, within the scope of the Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change order and other clarification or instruction
shall be directed to the City Project Manager.
The initial City Project Manager for this Agreement is Jason Stutzman and can be reached
at jstutzman@fcgov.com. The City Project Manager is subject to change by the City.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the City Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the 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
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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 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
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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
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. 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.
24. 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.
25. Technology Accessibility. The Professional represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24 -85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Professional shall also comply with all State of Colorado technology standards related
to technology accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
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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).
26. 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.
27. 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.
28. 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.
29. 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.
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30. 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.
31. 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.
32. 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.
33. 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]
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
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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: 10235 Engineer Consultant for Fossil Creek – Trilby
to Lemay
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:
Jake Rector, Purchasing Manager
Gerry Paul, Purchasing Director (if greater than $300,000)
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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: 10235 Engineer Consultant for Fossil Creek – Trilby
to Lemay
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.
E. Cybersecurity. The Professional shall maintain cybersecurity insurance in the amount of
$5,000,000.
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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 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) 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,
Official Purchasing Document
Last updated 4/2025
Professional Services Agreement – Work Order Type
10235 Engineer Consultant for Fossil Creek – Trilby to Lemay Page 44 of 44
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.