HomeMy WebLinkAboutRFP - 7598 BACKFLOW PREVENTION PROGRAM MANAGEMETN (2)REQUEST FOR PROPOSAL
7598 Backflow Prevention Program Management
The City of Fort Collins is requesting proposals from qualified Contractors for the administration
and implementation of a cross-connection control program, incorporating a function which
allows State of Colorado recognized and certified backflow testers to submit backflow test
results via the internet.
Proposals submission via email is preferred. Proposals shall be submitted in Microsoft
Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard
copy proposals instead, three (3) copies, 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), March 14, 2014 and referenced as Proposal No.
7598. 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.
The City encourages all disadvantaged business enterprises to submit proposals in response to
all requests for proposals and will not be discriminated against on the grounds of race, color,
national origin for all proposals for negotiated agreements.
All questions should be directed to Pat Johnson, CPPB, Senior Buyer at 970-221-6816 or
pjohnson@fcgov.com. Email is preferred.
A copy of the Request for Proposal may be obtained by downloading the Request for Proposal
from the BuySpeed Webpage, www.fcgov.com/eprocurement.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in
their entirety. All provisions of any contract resulting from this request for proposal will be public
information.
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.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
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.
Sustainability and Triple Bottom Line (TBL): Qualified consulting firm/teams participating in the
proposal are to provide an overview of the organization’s philosophy and approach to
Sustainability and TBL. In no more than two (2) pages please describe how your organization
strives to be Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office
practices, etc..
The selected Service Provider shall be expected to sign the City’s standard Agreement without
revision prior to commencing services (see sample attached to this Request for Proposal).
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
7598 Backflow Prevention Program Page 2 of 21
I. PROJECT DESCRIPTION
The City of Fort Collins is seeking an experienced, backflow management firm to administer a
cross-connection control program. It is the City’s intention for the tracking/management portion
of the program to be automated and feature an online component, which allows for backflow
test results to be submitted online, in real time. In the future, the City may negotiate with the
awarded Contractor to add residential customers to the system.
The City will not pay the awarded Contractor for services as described in this RFP. Under this
program the Contractor will be reimbursed for services through a minimal fee to the customers
for the backflow testing.
II. SCOPE OF SERVICES
A. Overview
The development phase of the tracking/management system will consist of the transfer of the
current working database of all known City of Fort Collins commercial backflow assemblies
(approx. 2,700). The estimated timeline for completion of the development phase is 60 days
from the date of the contract.
The implementation phase of the program shall begin immediately following the development
phase. The City of Fort Collins intends for the implementation phase to be an ongoing process
and consist of annual backflow assembly tracking and management.
Enforcement of the regulations mandating annual backflow assembly testing will be the sole
responsibility of the City of Fort Collins Water Utilities.
B. Scope of Work
1. Development
a. Database
The Contractor shall construct a working database of all known backflow assemblies within
the City of Fort Collins. Data on all known backflow assemblies within the City of Fort Collins
will be initially garnered from the City’s current electronic records. The Contractor will also
extract backflow assembly data from any hard copies of backflow assembly test records
within the City’s possession.
b. Security & Confidential Information
In addition to other System Security requirements that are more specifically stated in this
Scope of Services, Contractor agrees that all of its system security requirements, policies,
procedures, personnel, products, and services used to design, build, code, configure,
deliver, manage data, integrate, test, and deploy, shall comply with the currently released
and applicable security standards, including but not limited to NIST SP 800 -53 and FIPS
140-2. The System Security components will include, not by way of limitation, media
protection, access control, and personnel security. By way of illustration, the personnel
security component will require background checks, access agreements, restricted access
to the System, and identification procedures. The City will have the right to audit compliance
with the System Security requirements during normal business hours (8.a.m. to 5 p.m. EST
Monday - Friday, excluding holidays) upon reasonable written notice to Contractor and to
require remedial action which may include removal of Contractor or Subcontractor
employees from the Project.
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The awarded Contractor shall be expected to agree to Exhibit D, Confidentiality, as part of
the contract.
c. Program Documents
Contractor shall submit samples of all program documents, including annual notification
letters (1st notice, 2nd notice, etc.)
2. Implementation
The Contractor shall include provisions for the following services:
a. Production and issuance of annual test due notifications
b. Periodic status reports to the City
c. Validation of backflow assembly test results
d. Validation of backflow assembly tester credentials
e. Validation of test kit / gauge calibration certificates
f. Online test result submittal
g. Customer service for web based submission of test reports
h. Customer billing and collection of test fee
3. Production and issuance of annual test due notifications
Contractor shall notify water customers possessing backflow assemblies of their annual
backflow test requirements. Said notifications must be issued to the respective City of Fort
Collins water customers via U.S. Mail.
Notifications shall include both customer and backflow assembly information, including when
the backflow assembly is due for annual certification. If a customer doesn’t comply,
additional notifications including deadlines for customer response shall be sent. Contractors
are to provide the City with their policy, sample letters or suggestions for these notifications.
The Contractor will also be responsible for notifying the City immediately when a water
customer becomes non-compliant for annual testing or backflow assembly failure.
4. Periodic status reports to the City
The Contractor shall provide access for City personnel to view and/or print periodic reports
detailing all non-compliant customers, i.e. those City of Fort Collins water customers
delinquent with regard to annual backflow assembly testing or backflow assembly failure.
5. Validation of backflow assembly test results
It is the Contractor’s responsibility to analyze and validate that the backflow test results
submitted by the certified backflow tester equal either a passing or failing test. Determination
as to whether a backflow assembly passed or failed annual certification should be based on
current State of Colorado approved organizations (ASSE or ABPA) respective testing
procedures/standards and compliance with Fort Collins Municipal Code and Charter,
Division 7 Cross-Connection Control. The Contractor must also notify the designated City of
Fort Collins representative immediately upon receipt of a failing test.
6. Validation of backflow assembly tester credentials
It is the Contractor’s responsibility to validate the credentials of those individuals performing
and submitting backflow assembly test reports to the City of Fort Collins. The Contractor
must ensure, as a matter of practice, that all backflow assembly tests performed within the
City of Fort Collins water service area are done so by properly certified backflow testers that
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possess a current ASSE or ABPA certification, with adherence to both State and City
regulations.
7. Validation of test kit / gauge calibration certificates
Backflow assembly tests are conducted using a test kit / gauge that per manufacturer
specifications and City regulations must be calibrated annually to ensure accurate readings.
It is the Contractor’s responsibility to verify that all certified backflow testers submitting
backflow assembly test reports within the City of Fort Collins water service area are using a
test kit /gauge that has been calibrated within the preceding twelve months.
8. Online test result submittal
The City of Fort Collins is actively working to adopt programs and practices that are
environmentally sustainable. Part of this process is to develop and implement programs that
significantly reduce unwarranted paper excess.
As such, the City is requiring that the Contractor provide a method for annual backflow
assembly test results to be submitted online by certified backflow testers. By adopting an
online component, the City will be able to reduce paper waste, while garnering the added
benefit of receiving data in real time. A monthly report documenting the number of tests
completed during the previous month and the results of those tests shall be made available
to the City. Validation of tester credentials and calibration of testing equipment are additional
reports that the City will need access to as reasonably requested.
Included in the Contractor’s response to this RFP shall be samples of the reporting required
by the City and any other standard reporting available from the Contractor.
To reiterate, data pertaining to annual backflow assembly test results shall be submitted
online by certified backflow testers and/or their staff. Security measures must be instituted
which will restrict unlimited access to the City of Fort Collins’s backflow assembly database.
Specifically, measures must be present to allow a certified backflow tester to only access
individual customer records for whom they have been authorized to perform a current
backflow assembly test and not allow them the opportunity to simply “surf” all City of Fort
Collins water customer backflow assembly records, protecting both proprietary information
and overall water supply safety.
All of the electronic backflow test records and results will be retained by the awarded
Contractor for a minimum of three years and City personnel will have access at any time to
view and / or print these records. Upon termination of contract, all test records will be
electronically transferred to the City.
9. Customer Service
The Contractor must be able to competently answer technical questions by certified
backflow testers and/or their staff pertaining to the processes of entering backflow test
reports via their web site. This will include answering phone calls and answering questions
from both backflow testers & staff.
City personnel will provide the customer service component as it relates to compliance with
the State of Colorado and local regulations regarding cross-connections and backflow.
7598 Backflow Prevention Program Page 5 of 21
C. Qualifications and Experience
Municipal backflow / cross-connection control programs deal specifically with issues concerning
the public health and water safety of all municipal water customers and as such, the managing
and administering of any portion of a municipal backflow / cross-connection control system
requires technical knowledge specific to the backflow / cross-connection control industry.
Contractors must provide a narrative describing the role of each key individual in their firm’s
organization that will be actively involved in the performance of the services requested herein.
The Contractor shall perform, as its firm’s primary service, the function of municipal backflow
program management and administration, with a minimum of five (5) years overall firm
experience in backflow management and administration and have administered backflow/cross-
connection control programs for a minimum of ten (10) municipal entities.
Staff employed by the Contractor’s firm must include individuals possessing the following
credentials:
• Valid American Society of Sanitary Engineering (ASSE) and/or American Backflow
Prevention Association (ABPA) Cross Connection Control tester certification.
• In-house Information Technology (I.T.) Staff (minimum two (2) years experience)
Contractor firms failing to meet any or all of the above qualifications may be deemed as non-
responsive. Verification of tester qualifications is the responsibility of the awarded contractor.
D. Schedule
Utilities has established the target schedule shown below for the RFP. Utilities reserves the
right to amend the target schedule at any time.
• RFP Issuance: February 21, 2014
• Final questions due: March 10, 2014
• Proposal Due: March 14, 2014
• Interviews (tentative): March 27 & 28, 2014
Utilities anticipates a contract being in place mid-April in the hopes that the awarded contractor
will be able to develop and implement this system in order to begin testing during the summer of
2014.
E. Use of Subcontractors/Partners
Given the overall technical requirements pertaining to backflow and cross-connection control
programs and their relation to the general safety of the City of Fort Collins’s water supply, the
City of Fort Collins will not allow the awarded Contractor to use subcontractor(s) in
administering the tracking and management portion of the City’s backflow / cross-connection
program.
F. Fees
Contractors shall provide:
• A per device inspection/test report submission fee
• Contractors shall define any additional fees
The awarded firm will only be allowed to increase fees to customers on an annual basis at the
time the agreement with the City is renewed.
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G. Training
The City anticipates 1-2 City employees be trained in how to access the data online and create
reports.
H. References
Contractor firms must provide a list of references for a minimum of ten (10) municipalities for
whom the proposing firm has managed and administered the municipality’s backflow / cross-
connection control program, with a minimum of 2 contracts initiated within the past 12 months.
Included shall be the contact names and titles, name of municipality, telephone numbers, email
and mailing address of each reference.
Proposing firms with fewer than ten (10) municipal references specifically pertaining to the
management and administration of said municipality’s backflow program may be deemed as
non-responsive.
I. Additional Information
Contractor may provide any additional information the Contractor feels will assist Utilities in their
evaluation of the Contractor’s proposal.
Limit the total length of your proposal to a maximum of 25 pages total (8 ½ x 11”, double sided)
(excluding covers and dividers). The Director of Purchasing and Risk Management may reject
proposals received that are longer than 25 pages in length.
III. Instructions for Proposal Submission
Qualified Contractors interested in performing the work described in this request for proposals
should submit a minimum of the following information to the City. A proposal that does not
include all of the information required may be deemed incomplete and is subject to rejection.
Responses must include all of the items listed below, in the order listed:
A. 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.
B. Sustainability & Triple Bottom Line (TBL)
Provide an overview of the organization’s philosophy and approach to Sustainability and
TBL as required above.
C. Contractor Information and Experience
The Contractor should provide the following information:
1. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
2. A list of qualifications for your firm and qualifications and experience of the specific staff
members proposed to perform the consulting services described above. A résumé for
key professional and technical persons assigned to the contract, shall be submitted.
Identify the primary contact person and roles of each staff member. Please limit resumes
to one-half page.
3. Description of how the project would be managed and who would have primary
responsibility for its timely and professional completion for both the Development and
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Implementation stages. A project schedule including number of hours for each step of
the two stages shall be included. Contractors are to provide us with their policy or
suggestions for notifications of customers. Sample reports and notifications are to be
provided with each proposal.
4. Describe the availability of project personnel to participate in this project in the context of
the Contractor firm’s other commitments.
5. Provide a list of similar projects completed in the last five years by the key members of
the proposed team to work on this RFP. Include detail about each project including a
description, any cost to the owner, change order details, original completion date, and
final completion date.
6. References shall include a minimum of 10 municipalities for whom the firm has managed
and administered a similar program with a minimum of 2 new contracts within the past
12 months. Include current contact name, current telephone number and email address.
7. Provide details regarding training.
8. Itemize all costs to the City and customers.
9. Please provide your applicable security standards as required in II.B.1.b, page 3.
IV. REVIEW AND ASSESSMENT
Qualified firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
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.
A shortlist of Contractors may be identified and invited for an onsite interview. The final
selection will be made from this shortlisted group. The City reserves the right to award directly
as a result of the written proposals.
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? Is your
experience pertinent?
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? Is the project
schedule well defined, realistic, and achievable?
7598 Backflow Prevention Program Page 8 of 21
1.0
Sustainability/Triple
Bottom Line (TBL)
Methodology
Does the firm capture the essence of Sustainability
and incorporate the Triple Bottom Line
Methodology in both their Scope of Work for this
project, and their standard operating procedures?
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 required? Has the
firm completed previous projects of this type and
scope? Does the firm have sound financial
standing?
Reference Evaluation (Top Rated Firm)
The Project Manager may 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
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly? Were
problems corrected quickly and effectively?
7598 Backflow Prevention Program Page 9 of 21
EXHIBIT A
PROPOSAL ACKNOWLEDGEMENT
Contractor hereby acknowledges receipt of the City of Fort Collins Utilities’ 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. Additionally, the Contractor hereby makes the
following representations to Utilities:
a. All of the statements and representations made in this proposal are true to the best of
the Contractor’s knowledge and belief.
b. The Contractor has obtained all necessary authorizations and approvals that will enable
the Contractor to commit to the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof.
d. I further agree that the method of award is acceptable to my company.
e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30
days of notice of award.
f. If contract is not completed and signed within 30 days, City reserves the right to cancel
and award to the next highest rated firm.
g. I acknowledge receipt of addenda.
Contractor Firm Name:
Physical Address:
Remit to Address:
Phone:
Authorized Agent of Firm Name:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT
SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE
COMMODITY CODES.
COMMODITY CODES USED FOR THIS RFP:
968-91 Water Supply Analysis - Infrastructure
992-55 Miscellaneous Testing
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EXHIBIT B
SAMPLE 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 , 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 ( ) pages, and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Professional shall be solely responsible for performance of all duties
hereunder.
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 ( ) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence , 200 , and shall continue
in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed four (4) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties. The Denver
Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be
used as a guide. Written notice of renewal shall be provided to the Professional and
mailed no later than ninety (90) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City
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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:
Professional: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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 $1,000,000, in accordance with Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein.
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6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the
services to be performed pursuant to this Agreement, the City agrees to pay Professional
a fixed fee in the amount of ($ ) 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 actual reimbursable expenses. [Optional] Insert Subcontractor Clause
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.
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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. [Optional] 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 City in an AutoCAD version no older then the established city standard.
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. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
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the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Professional.
12. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior
written consent of the City.
13. 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.
14. 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.
15. 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
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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.
16. 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.
17. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
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to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Professional is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that Professional has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Professional shall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the “Department”) made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
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f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Professional shall be liable for actual and
consequential damages to the City arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of one (1) pages, attached hereto and incorporated herein by this reference.
20. Red Flags Rules. 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 one or more of the
City’s covered accounts and must as expeditiously as possible notify the City in writing of
significant breeches of security or Red Flags to the Utilities or the Privacy Committee.
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THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
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] OR
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
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EXHIBIT C
INSURANCE REQUIREMENTS
1. 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, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
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, such insurance
as the City may deem proper and may deduct the cost of such insurance from any
monies which may be due or become due the Professional under this Agreement. The
City, its officers, agents and employees shall be named as additional insureds on the
Professional 's general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during the
life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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