HomeMy WebLinkAboutRFP - P990 RESIDENTIAL LIGHTING PROGRAM SERVICESAdministrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707
www.fcgov.com
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid: P990 Residential Lighting Program Services
OPENING DATE: 3:00 P.M. (Our Clock) May 27, 2005
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
CHANGE: The Bid Opening is 3:00 P.M. (Our Clock) May 27, 2005
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707
www.fcgov.com
ADDENDUM No. 2
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid: P990 Residential Lighting Program Services
OPENING DATE: 3:00 P.M. (Our Clock) May 27, 2005
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
Questions and Answers:
Question No. 1
Is the budget range of $35,000 - $80,000 for program implementation only and does not include
the budget for program design.
Answer Question No. 1
The budget range shown in the RFP does NOT include the program design work.
Question No. 2
If we suggest that Utilities' staff be part or all of implementation, does staff time come out of the
lighting program budget or the Utilities' staff budget?
Answer Question No. 2
The answer to this one is a bit fuzzy. Most direct implementation staff costs will come out of the
lighting program budget, whether we use in-house staff or a contractor of some combination.
Project management costs will come out of the Utilities' staff budget. The grey area includes
things like graphics design and marketing staff time. To a point, we will be able to cover some
of those costs from the Utilities' staff budget. If the needs exceed what can be covered with
available time from existing staff, though, and work needs to be contracted, the costs will be
borne by the lighting program budget.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax
(970) 221-6707
www.fcgov.com
REQUEST FOR PROPOSAL
P990 Residential Lighting Program Services
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), May 20, 2005. Proposal No. P990. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager, Doug
Swartz (970) 221-6719.
Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO,
Senior Buyer (970) 221-6778.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Purchasing Fax-line, 970-416-2033 and follow the verbal instruction to request
document #30990.
3. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly
any decision-making authority concerning such sale or any supervisory authority over the
services to be rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from
any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax
(970) 221-6707
www.fcgov.com
REQUEST FOR PROPOSAL
P990 Residential Lighting Program Services
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), May 20, 2005. Proposal No. P990. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager, Doug
Swartz (970) 221-6719.
Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO,
Senior Buyer (970) 221-6778.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Purchasing Fax-line, 970-416-2033 and follow the verbal instruction to request
document #30990.
3. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly
any decision-making authority concerning such sale or any supervisory authority over the
services to be rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from
any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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Fort Collins Utilities
REQUEST FOR PROPOSAL
P990 Residential Lighting Program Services
1. INTRODUCTION
Fort Collins Utilities (Utilities), the municipal utility for the City of Fort Collins, Colorado, is
seeking proposals from qualified contractors specializing in residential lighting energy-efficiency
programs to consult with Utilities in the design of a Residential Lighting Program (Program) in
Utilities’ service territory. If Utilities elects to implement the Program in a manner that relies on
contractor services, the selected program design contractor may also have the opportunity to
negotiate a contract for such services with Utilities.
The Residential Lighting Program is part of a broad effort to reduce electrical energy
consumption and peak electrical demand in Utilities’ service territory. The Electric Energy
Supply Policy, adopted by Fort Collins City Council in 2003, calls for per capita electrical
consumption to be reduced 10% by 2012 and for per capita peak electrical demand to be
reduced 15% by 2012. For more information, the Electric Energy Supply Policy is posted at
www.fcgov.com/utilities/energypolicy.php.
Lighting represents a significant part of Utilities’ residential electric load. Most residential lighting
is currently provided by conventional incandescent lamps. Compact fluorescent (CF) products
offer a much more efficient alternative. The primary objective of this Program is to increase the
market penetration of CF products in the Utilities service territory, thereby delivering long-term
electric energy savings and peak demand reduction.
2. UTILITIES KEY FACTS
The following information may be useful in responding to this Request for Proposals:
• Utilities serve approximately 53,000 residential customers.
• Approximately 1300 new homes were built in 2004 in the Utilities service territory.
• Utilities purchases power from Platte River Power Authority (www.prpa.org). Utilities’ average
blended wholesale power cost for 2004 was 0.037 $/kWh.
• The wholesale electric rate includes a strong coincident peak component. Utilities and PRPA
are summer peaking utilities, with the following peak hour pattern being typical for the past
five years:
− Winter (November - March): 5 - 7 p.m.
− Swing (April, May, October): 1 - 9 p.m.
− Summer (June - September): 2 - 6 p.m.
• Utilities offers two residential retail rates (www.fcgov.com/utilities/rates-eresidential.php).
Most customers elect the Energy Rate (R); about 6% of residential customers elect the
Demand Rate (RD).
• City of Fort Collins (including Utilities) is an ENERGY STAR® partner.
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3. PROGRAM BACKGROUND INFORMATION
Beyond limited consumer education, Utilities has not offered a residential lighting program in the
past. In fall 2004, a baseline retail survey of lighting, appliances and consumer electronics for
the Fort Collins market was conducted on behalf of Utilities by Ecos Consulting. The emphasis
was on ENERGY STAR® qualified products. The project report is posted at
http://www.fcgov.com/utilities/baselinesurvey.pdf. The survey clearly illustrated that the market
for CF products was immature. In comparison to regions where CF products have been
promoted by utilities, the diversity of available products was relatively low, prices were high,
product visibility and stocking levels were low, and retailer knowledge of the products was low.
Retailer interviews suggested that consumer awareness and knowledge of CF products were
also low.
Utilities has no direct Fort Collins data regarding consumer awareness, knowledge or
perceptions of CF products, or the penetration of CF products.
Utilities feels the time is right for a residential lighting program in Fort Collins, for several
reasons:
• CFL products are available from an increasing number of manufacturers.
• CFL product diversity has tremendously expanded, while performance has improved, lamp
sizes have decreased and prices have significantly declined.
• Practical, affordable CF products are now available for many residential lighting applications.
• ENERGY STAR standards and labeling for CF products are providing increased assurance
of product quality and performance.
• Market penetration in the Utilities service territory is probably very low.
• Much practical experience has been gained by residential lighting programs operating in
other parts of the U.S.
Utilities would like to design and implement an effective Program that will significantly increase
the penetration of CF lighting products in homes in its service territory. Utilities has no interest in
reinventing the wheel; it hopes to be able to heavily rely on approaches and materials
developed by successful programs elsewhere, adapted as necessary for the local market and
available resources. Utilities would like to minimize administrative costs for the Program and
leverage resources from other entities.
Based on Utilities staff research into other residential lighting programs, Utilities anticipates a
multi-year Program that supports a market transformation approach to build local retail product
supply and customer demand. The Program likely will focus on ENERGY STAR qualified
products. It will broadly target Utilities residential customers. The Program will operate under
Utilities’ The Power to Save education and awareness campaign
(www.fcgov.com/powertosave). It will likely initially be delivered only in Fort Collins.
Utilities has not yet established quantitative goals or a budget for the Program, however the
anticipated budget range is $35,000 to $80,000 annually.
A conceptual schematic that has been the basis for in-house discussion of a residential lighting
program is shown on the next page. This is based on common elements of other lighting
programs. Please note that this is not intended to represent the final Program design.
Ideally, Utilities hopes to launch some elements of the Program in fall 2005 to capitalize on the
2005 “lighting season,” with the expectation that it will take some time to ramp up to a full-
fledged Program.
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Develop supply-side
relationships
Work with supply side to
increase retail sales
expertise, increase
product availability,
develop in-store promo
materials
Kickoff event
Cultivate
media
relations
Develop consumer
education materials
Sustained marketing
and education
Periodic
promo
events
Consumer
education
Maintain
retailer
relationships
Financial
incentives with
phase-out
strategy
Advertising
and media
coverage
FRONT
END
SUSTAIN
THE
CHANGE
SUPPLY DEMAND
Conceptual flow chart for residential lighting program
Work with supply-side to
develop financial
incentives
THE
CHANGE
55
4. SCOPE OF WORK
The scope of work described in this Request for Proposals is for program design. If Utilities
elects to implement the Program in a manner that relies on contractor services, the selected
program design contractor may also have the opportunity to negotiate another scope of work
and contract for such services with Utilities.
General Approach
The contractor will work closely with Utilities staff to develop the details of Program design. The
design will proceed iteratively, alternating between discussion and development of an
increasingly detailed Program Plan. Regular communication between Utilities staff and the
contractor is essential.
Program Elements and Factors
Based on their expertise and discussion with Utilities staff, the contractor will provide information
and recommendations on issues that include, at minimum, the following:
• Scope of products to be promoted via the Program. In addition to ENERGY STAR qualified
CF screw-base lamps, options may include:
− ENERGY STAR qualified CF fixtures
− Linear fluorescent fixtures (T-5 or T-8 lamps + electronic ballasts)
− ENERGY STAR qualified ceiling fans
− ENERGY STAR qualified major appliances and consumer electronics (i.e. viewing lighting
as part of a broader ENERGY STAR products campaign)
• How to best handle outstanding concerns about ENERGY STAR lighting product quality and
how to best deal with products that have been de-listed by ENERGY STAR yet remain as
labeled products in the supply pipeline.
• Effective consumer outreach approaches and existing materials that Utilities can adapt in
that regard (including information on restrictions, licensing or other costs for those materials).
• Appropriate ways to involve manufacturers in a program of this scale.
• Effective ways to involve retailers in the program (which may vary for different categories of
retailers).
• Practical and effective approaches for targeted financial incentives (if needed).
• How to most effectively leverage other resources, including ENERGY STAR promotions.
• Appropriate allocation of Program resources across the various program elements.
• Effective staging of the various program elements.
• Plans for ramping-up the Program over time (including considerations regarding the potential
for growing regional participation).
• Implementation options, including using Utilities staff, contractors or some combination.
66
• Realistic goals, short-term and long-term.
• Realistic estimates of all Program costs, by program year, broken out by program element.
• Strategies to minimize program costs that subsidize consumers outside Utilities’ service
territory.
• Exit strategies for the Program.
• Need and options to track local consumer data such as market penetration and attitudes
about efficient lighting.
• Evaluation plan, including indicators of success, data needs during Program implementation,
economic analysis approaches and sources of data that could reasonably serve as proxy
information for a Fort Collins Program. (Note that Utilities is using “Cost of Conserved
Energy” as the primary evaluation criterion. Resources for evaluation will be limited.)
• Fluorescent lamp disposal / recycling considerations.
Proposers are encouraged to recommend additional steps or approaches they feel would be a
benefit to a robust and successful Program.
Program Plan
As noted above, the development of the program design will proceed iteratively, alternating
between staff/contractor discussion and drafting of an increasingly detailed Program Plan.
Three drafts of the Plan are anticipated:
• Draft 1. The contractor will outline, at relatively high level, at least three feasible levels of
program effort. The objective is to outline the costs and benefits associated with essential
core elements as well with optional elements that increase the Program’s effectiveness. For
each level, the contractor will describe the general approach, the major program elements,
resource requirements, pros, cons and examples of similar programs elsewhere.
• Draft 2. Based on feedback from Utilities staff, the contractor will develop the preferred
approach to the next level of detail.
• Draft 3. Based on feedback from Utilities staff, the contractor will revise Draft 2 as needed to
fully describe the chosen approach.
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5. TIMELINE, DELIVERABLES, RESPONSIBILITIES
This section outlines the schedule, deliverables and responsibilities as currently anticipated.
Details are subject to discussion as the final contract is negotiated.
Hiring
• RFP issued May 6
• Final questions to Utilities May 13
• Responses to final questions May 18
• Proposals due May 27
• Proposals reviewed June 3
• Interviews (if necessary) June 13-15
• Contractor selected June 17
• Contract negotiated, work begins June 24
Program Design
• Staff / contractor discussion June 27 – July 5 Contractor + Utilities
• Draft 1 Program Plan Delivered July 26 Contractor
• Utilities staff review July 27-August 2 Utilities
• Staff / contractor discussion August 3-9 Contractor + Utilities
• Draft 2 Program Plan Delivered August 16 Contractor
• Utilities staff review August 17-23 Utilities
• Staff / contractor discussion August 24-26 Contractor + Utilities
• Draft 3 (Final) Program Plan Delivered Sept 2 Contractor
Program Implementation
Program implementation details, including the potential scope of work for a contractor, will not
be known until the program design work is complete and Utilities management has approved a
particular implementation approach.
6. PROPOSAL CONTENTS
All proposals must be organized in the following format to allow an orderly review and
evaluation. Address all aspects of the Program described under the Scope of Work and in this
section. The proposed contract between the City of Fort Collins and the successful bidder is
attached for reference purposes.
• Table of Contents. List proposal content by section and by page number.
• Statement of understanding of required services.
• Program Plan outline. Provide a hypothetical outline that represents the bidder’s
understanding of the information that the final Program Plan document would include.
• Timeline.
• Staffing. Describe each team member’s or subcontractor’s roles and responsibilities in
completing the Scope of Work.
• Qualifications. Include information describing staff capabilities and experience relevant
to this project. When citing other projects, describe the specific role played by the bidder.
• Proposed compensation and estimate of personnel time for program design only.
• References. Provide at least five references, each including name, title, address, phone
number, e-mail address of the client’s program manager.
• Availability.
88
7. REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session. The City of Fort Collins reserves the right
to select a qualified contractor from the written proposal submissions.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
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?
1.0 Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Work Hours
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 in each project task or phase?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm
successfully done previous projects of this type and
scope?
99
Reference evaluation (Top-ranked firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
1100
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and _____, [insert either a corporation, a partnership or an individual,
doing business as____________], hereinafter referred to as "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 Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of _____ (_____) page[s],
and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of _____ (_____) page[s], and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within _____ (_____) days following
execution of this Agreement. Services shall be completed no later than _____. Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in writing by the
parties hereto.
4. Early Termination by City. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
1111
Professional:
City: With Copy to:
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits, and errors and omissions insurance in the amount of ___________.
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the
services to be performed pursuant to this Agreement, the City agrees to pay Professional a
fixed fee in the amount of _____ ($_____) plus reimbursable direct costs. All such fees and
costs shall not exceed _____ ($_____). Monthly partial payments based upon the
Professional's billings and itemized statements are permissible. The amounts of all such partial
payments shall be based upon the Professional's City-verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
1122
actual reimbursable expenses. Final payment shall be made following acceptance of the work
by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates: _____
Reimbursable direct costs: _____
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed _____ ($_____). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City-verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable
mylar base material using a non-fading process to provide for long storage and high quality
reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established city standard.
1133
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. 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.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. 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.
13. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
1144
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
1155
17. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of
_____ (_____) page[s], attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as ____[insert name of business]
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary