HomeMy WebLinkAboutRFP - 9102 SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM SUPPORT SERVICESRFP 9102 Supervisory Control and Data Acquisition System Support Services Page 1 of 35
REQUEST FOR PROPOSAL
9102 SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA)
SYSTEM SUPPORT SERVICES
RFP DUE 3:00 PM MST (our clock), March 24, 2020
The City of Fort Collins is requesting proposals from qualified Service Providers to provide on-
call or as-needed services for the Supervisory Control and Data Acquisition (SCADA) system.
As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted
online through the Rocky Mountain E-Purchasing System (RMEPS) at
http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to
submit proposals through RMEPS. Proposals not submitted by the designated Opening Date
and Time will not be accepted by the system.
All questions should be submitted, preferably in writing via email, to Pat Johnson, CPPB,
Senior Buyer at pjohnson@fcgov.com, no later than 4:00 PM MT (our clock) on
March 11, 2019. Please format your e-mail to include RFP 9102 SCADA Support Services 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):
20424 Controllers, Programmable
22000 Controlling, indicating, measuring, monitoring and recording instruments and supplies
92522 Control Systems Engineering
96896 Water & Wastewater Treatment Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
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
RFP 9102 Supervisory Control and Data Acquisition System Support Services Page 2 of 35
The City requires its vendors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party vendors and their subcontractors at every tier.
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. Vendors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the 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 with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City 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 Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9102 Supervisory Control and Data Acquisition System Support Services Page 3 of 35
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Service Providers to
provide on-call or as-needed professional services for on-call supervisory control and
data acquisition (SCADA) system support services including but not limited to: PLC
replacements and installation, integration and configuration support services. It is
anticipated that the primary use of these services will be for all areas of Utilities that
utilize SCADA and/or PLC control systems.
B. Background
The City of Fort Collins Water Utilities SCADA system is comprised of various types of
PLCs, predominantly MODICON controllers, ranging from legacy equipment to the most
current platforms available today. These controllers utilize different software,
programming languages and system standards. These programmable logic controller
systems range from having language standards such as LL984 to current IEC61131-3.
These controllers are used in various equipment and process control applications in
water treatment and wastewater applications.
II. SCOPE OF PROPOSAL
A. Scope of Work
1. General
a. PLC replacements
In order to have a congruent SCADA system where devices remain within their
useful lifespan, the Service Provider shall provide PLC replacement services,
including but not limited to the services described below.
i. Review and revision of current documents including but not limited to, City of
Fort Collins Water SCADA programming standards, Standard Operating
Procedures, Process and Instrumentation Diagrams (P&IDs), electrical
control schematics, I/0 Lists, and/or control loop descriptions and control
strategy narratives, for PLCs needing replacement.
ii. Perform programming code conversions from Proworx.NXT V2.20 to
Schneider Unity Pro V12 or later in accordance with the City`s SCADA
standards.
iii. Update control loop and control strategy narratives where modifications to
existing facilities are needed as part of the PLC replacement. These shall be
prepared in a manner that City operations staff can easily understand.
Revise drawings as necessary to reflect changes.
iv. Create new control narratives as needed to perform programming software
conversions. These shall be prepared in a manner that City operations staff
can easily understand.
v. Facilitate programming review meetings at 30%,60%,90% intervals with City
of Fort Collins Water SCADA staff
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vi. Perform on site acceptance testing of new PLC and logic with City SCADA
team and in accordance with City of Fort Collins Water SCADA
programming standards.
vii. Perform removal and installation services of programmable logic controllers
in existing control cabinets in accordance with City of Fort Collins Water
SCADA standards.
viii. Provide control cabinet design services for programmable logic controller
replacements where needed in accordance with City of Fort Collins Water
SCADA standards.
ix. Provide control cabinet design services for programmable logic controller
additions where needed in accordance with City of Fort Collins Water
SCADA standards.
x. Provide installation services for new control cabinets.
xi. Maintain a database or other tracking system to identify work records for all
tasks performed for the City. This database shall be updated at least
monthly.
b. Programming, installation and integration support services
Perform integration and configuration of new equipment with the existing SCADA
system in accordance with City SCADA Standards to support capital, minor
capital and internal projects. Installation and integration services may include but
are not limited to those described below.
i. Procurement of parts, components, and materials required to complete the
work for new and modified control systems/PLCs. The City currently has an
agreement with a supplier for parts that would be the primary source for
these items except during a capital project.
ii. During a capital project, Service Provider would be responsible for
coordinating with equipment vendors regarding the new equipment.
Meetings and/or field visits may be required to determine the best way to
integrate the new equipment into the City’s system.
iii. Coordinate and oversee any electrical contractor with field wiring
terminations and labeling in control panels. Additionally, the Service Provider
may be requested to provide oversight of functional acceptance tests
conducted by any contractor, which may include complete end-to-end tests
and strategy field testing.
iv. Reviewal of functional acceptance testing documents.
v. Perform integration programming services for control systems in accordance
with City of Fort Collins SCADA programming standards.
vi. Perform removal and installation services of programmable logic controllers
in existing control cabinets in accordance with City of Fort Collins Water
SCADA standards.
vii. Provide control cabinet design services for programmable logic controller
replacements where needed in accordance with City of Fort Collins Water
SCADA standards.
viii. Provide control cabinet design services for programmable logic controller
additions where needed in accordance with City of Fort Collins Water
SCADA standards.
ix. Provide installation services for new control cabinets.
x. Facilitate programming review meetings as needed with City of Fort Collins
Water SCADA staff and capital project teams.
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xi. Involvement in control strategy narrative design with City Staff, equipment
vendors and engineering and consulting firms.
xii. Update control loop and control strategy narratives where modifications to
existing facilities are needed. These shall be prepared in a manner that City
operations staff can easily understand.
xiii. Provide/review installation and startup testing procedures for newly installed
equipment.
xiv. Perform control system and startup tests and commissioning to ensure
proper SCADA/control system and facility operations. For tests that are
conducted jointly with others, provide qualified, full-time on-site support and
oversight as required. Maintain familiarity with the specific control strategy to
support all startup and testing activities.
xv. Update City record drawings with any field changes. Updates shall consist of
digitally created drawings. No hand or field markups will be accepted by the
City for record drawings.
xvi. Provide training for control strategies and control loops that are modified or
replaced to City of Fort Collins staff members.
2. Project Management
Service Provider shall assign manpower, delegate responsibilities, review
work progress, and otherwise direct the progress of the work to ensure
satisfactory completion of work, on schedule and within budget.
Depending on the scope of work specified in the executed Work Order,
the Service Provider may be requested to prepare, monitor and/or update a
project schedule with a breakdown of individual tasks. Upon completion
of each Work Order, Service Provider shall prepare and submit all
project-related documentation, such as testing results, to the City.
3. Meetings and Training
Depending on the scope of work specified in the executed Work Order, the
Service Provider may be requested to attend pre-implementation
conferences, regularly scheduled progress meetings or other project-
related meetings.
Upon request, the Service Provider shall provide training to City staff, its
Consultants, Contractors, and other operating entities upon installation or
modifications to SCADA system software or hardware. The Service
Provider may also be requested to prepare or review customized
preventive maintenance and annual support service plans for specific City
facilities.
All training shall be recorded. A digital copy of each training session be
provided to the City.
B. Minimum Qualifications
1. Minimum of five years of experience in providing similar services.
a. Provide a portfolio of programming services that include Modicon processors or
provide a memo that explains the experience with programming Modicon
Controllers or equivalent.
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b. Any certifications and licenses that would assist in the performance of the
requested services.
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: February 24, 2020
• Last day to request confidential
data and NDA 5:00 PM MST on March 5, 2020
• Question deadline: 5:00 PM MST on March 11, 2020
• Proposal due date: 3:00 MST (our clock) on March 24, 2020
• Interviews (tentative): Week of April 13, 2020
D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral
presentation to provide an overview of the company, approach to the project and to
address questions. The evaluation criteria for the oral interviews will be the same as the
criteria for the written evaluations and is included in Section IV.
E. Subcontractors
Service Providers will be responsible for identifying any subcontractors in their proposal.
Please note that the City will contract solely with the awarded Service Provider;
therefore, subcontractors will be the responsibility of the Service Provider.
F. 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. All work shall be performed in accordance with ANSI
Z133.1 A300 and applicable OSHA and AWWA Standards.
In addition, the Fort Collins Water Treatment Facility Standard Operating Procedure and
EMS Guide for Contractors and Vendors are to be adhered to. Lack of compliance with
these two documents is grounds for cancellation of the purchase order/agreement.
G. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
H. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances.
RFP 9102 Supervisory Control and Data Acquisition System Support Services Page 7 of 35
I. Work Orders
The awarded Service Provider(s) will be expected to sign the City’s standard work order
type services agreement, a sample of which is attached as Section VI for reference
purposes. In the event that the City has agreements with multiple Service Providers for
the Work, the City reserves the right to choose which Service Provider to contact
regarding the project, unless order of preference has been established during the
contracting process.
Individual work assignments will be requested and agreed to utilizing the City’s standard
Work Order (included in the agreement). Each Work Order form must include a start
and completion date, total cost and a general summary of work. Subsequent supporting
documentation pages may include a project schedule, deliverables, hours, cost detail
supporting total cost, and personnel details. Fees outlined in the work order will conform
with those submitted in the RFP response and subsequently included in the contract.
No work order over $5,000 will be considered valid until signed, at a minimum, by
the Service Provider, 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 Service Provider, project manager
and Purchasing Department representative.
J. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Service Provider each
month following the submittal of a correct invoice by the Service Provider indicating the
project name, Purchase Order number, task description, hours worked, personnel/work
type category, hourly rate for each employee/work type category, date of the work
performed specific to the task, percentage of that work that has been completed by task,
3rd party supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Service
Provider and the City will negotiate an appropriate unit price for the service prior to
Service Provider initiating such work.
The City pays invoices on Net 30 terms.
K. Mutual Non-Disclosure
In order to respond to the Example Project, Service Providers will need to sign the
attached Mutual Non-Disclosure Agreement. Once the agreement is fully executed, the
project information will be sent to those firms via a ftp site. A sample NDA is attached for
review. Firms are to email Pat Johnson with the legal firm name, name of person who
receives notices for the firm, legal signer for the firm with name, title and email address.
The NDA will be completed and sent to the Service Provider for signature via DocuSign.
RFP 9102 Supervisory Control and Data Acquisition System Support Services Page 8 of 35
III. PROPOSAL SUBMITTAL
For this section, Service Providers are required to provide detailed written responses to the
following items in the order outlined below. The responses shall be considered technical
offers of what Service Providers propose to provide and shall be incorporated in the contract
award as deemed appropriate by the City. A proposal that does not include all the
information required may be deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Service Providers include each of the City’s questions with their response immediately
following the question.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
Please limit the total length of your proposal to a maximum of twenty-five (25) double sided
or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers
and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to
no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as
a single page. Please, no embedded documents. Proposals that do not conform to these
requirements may be rejected.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size, capacity and type of 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). Complete Section V,
Acknowledgement Statement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the projects would be managed and who would have primary
responsibility for its timely and professional completion.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
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4. Include a description of the software and other analysis tools to be used.
5. Identify what portion of work, if any, may be subcontracted.
6. Provide an outline of the schedule for completing tasks.
7. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
D. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub-contractors with titles and their
specific task assignment for this Agreement shall be provided in this section.
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.
3. Provide a portfolio (5 years or more) of programming services that include Modicon
processors or provide a memo that explains the experience with programming
Modicon Controllers.
4. Provide a minimum of three similar on-call agreements with public agencies in the
last 5 years that have involved the staff proposed to work on this project. Include the
owner’s name, title of project, beginning price, ending price, contact name, email and
phone number, sub-contractors on the team and a brief description of the work and
any change orders.
5. Provide examples of at least two projects where you’ve worked with your sub-
contractors. List the sub-contractor firm(s) for this Agreement, their area(s) of
expertise, and include all other applicable information herein requested for each sub-
contractor. Identify what portion of work, if any, may be sub-contracted.
6. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Service
Provider authorizes City to verify any and all information contained in the Service
Provider’s submittal from references contained herein and hereby releases all those
concerned providing information as a reference from any liability in connection with
any information they give.
7. Describe any experience in the creation of a SCADA cybersecurity assessment and
mitigation plan and/or explain your involvement in implementing a SCADA cyber-
security plan.
8. Describe any experience in working with NIST 800 Cyber Security Standards on
SCADA system Platforms.
E. Assigned Personnel
1. Identify Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel, including partners and/or sub-
contractors, and their individual areas of responsibility.
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2. Provide a resume for each professional and technical person assigned to the
Agreement, including partners and/or sub-contractors, shall be submitted. The
résumés shall include at least three individual references from previous assignments.
Please limit resumes to one page.
3. Provide a list of any certifications and licenses that would assist in the performance
of the requested services.
4. Some functions of this project may require the use of sub-contractors. If you intend to
utilize sub-contractors, list each and provide resumes for their key personnel.
4. Describe the availability of project personnel and sub-contractors to participate in this
project in the context of the Service Provider’s other commitments.
5. Provide a list of similar projects completed in the last five (5) years by the key
members of the proposed team.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization strives
to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section IV: Review and Assessment for additional information.
G. Rates
In your response to this proposal, please provide the following:
1. 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 sub-contractors, if used, shall be included.
2. All direct costs (printing, postage, etc.) specifically attributed to the project and not
included in the billing rates must be identified.
H. Example Project
1. Firms are to provide the information listed below for performing a PLC replacement
at the Water Treatment Facility. In order to respond to this section, firms will be
asked to sign a mutual non-disclosure agreement. Once signed, each firm will be
provided with information to submit in their RFP response the following:
a. Scope of work for the analysis, design, programming and installation efforts
required to perform the work in the example project
b. 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.
c. Cost by Task: Provide the cost of each task identified in the Scope of Proposal
section, as well as a total not to exceed figure. Price all additional
services/deliverables separately. Expenses shall be broken out separately from
the other costs but itemized within the overall budget for the PLC replacement.
d. Include a summary of assumptions in outlining the tasks proposed and the
completion of the project from analysis through construction management.
e. Provide an outline of the schedule for completing tasks.
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I. Additional Information
Provide any information that distinguishes Service Provider from its competition and any
additional information applicable to this RFP that might be valuable in assessing Service
Provider’s proposal.
Explain any concerns Service Provider may have in maintaining objectivity in
recommending the best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section VI) shall be documented.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. These criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Service Providers may be
conducted.
The rating scale shall be from 1 to 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 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?
2.0 Firm Capability
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?
2.0 Assigned Personnel
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?
1.0
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?
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1.0 Rates
Are the proposed billing rates reasonable and
competitive?
4.0 Example Project
Does the example’s Scope include detailed
tasks for each element as applicable? Does the
example include detailed cost break-down for
each cost element as applicable? Do the cost
and work hours appear reasonable? Are the
work hours presented reasonable for the effort
required by each project task or phase? Is the
schedule reasonable and demonstrates an
understanding of milestones and critical paths?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance
Would you hire this Service Provider 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 Service Provider responsive to client needs;
did the Service Provider 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?
If Service Provider administered a construction
contract, was the project functional upon completion
and did it operate properly? Were problems
corrected quickly and effectively?
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V. ACKNOWLEDGEMENT
Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP. Additionally, Service Provider hereby makes the
following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 30 days of notice of award. If contract is not completed and signed within
30 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledge receipt of addenda.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Last updated 10/2017
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
WORK ORDER TYPE
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 "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders
agreed upon in writing by the parties from time to time. Such Work Orders, a sample
of which is attached hereto as Exhibit A, consisting of two (2) pages and incorporated
herein by this reference, shall include a description of the services to be performed,
the location and time for performance, the amount of payment, any materials to be
supplied by the City and any other special circumstances relating to the performance
of services. No Work Order shall exceed $ . A general scope of services is
attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated
herein by this reference.
The only services authorized under this Agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A to certain named third parties, Service Provider shall be solely
responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a
sample of which is attached hereto as Exhibit B, consisting of one (1) page and
incorporated herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
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pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence , 20 and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) days prior to
contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition.
6. Early Termination by City/Notices. 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 Service Provider. Such notice shall be mailed 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 address:
Service Provider: 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 early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
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with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
, consisting of ( ) page(s), and incorporated herein by this reference.
Payment shall be made by the City Net 30 days from the date of the invoice and upon
acceptance of the work by the City and upon the Service Provider furnishing satisfactory
evidence of payment of all wages, taxes, supplies and materials, and other costs
incurred in connection with the performance of such work.
9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in the Work Order, plus any extensions thereof allowed in accordance
with Article 12 of the General conditions. They also recognize the delays, expenses and
difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
12. Subcontractors. Service Provider 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
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
will be subject to inspection by the City to the same extent as the work of the Service
Provider.
13. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
14. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
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services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
15. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after
final acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the affected item or
part thereof shall be redesigned, repaired or replaced by Service Provider in a manner
and at a time acceptable to City.
16. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default thereof.
17. Remedies. In the event a party has been declared in default, 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 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.
18. 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 representative, successors and assigns of said parties.
19. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever, brought or asserted for injuries to or death of any person
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or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder shall deliver to the City's
Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company
acceptable to the city.
20. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. 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.
22. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider 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 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. Service Provider 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. Service Provider 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.
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d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
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 three (3) pages, attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
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SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER'S NAME
WORK ORDER NUMBER: PM's Tracking #
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City
PM/Engineer
OWNER’S REPRESENTATIVE: City PM
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) pages are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Service Provider's Name
By: Date:
Name: Title:
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OWNER’S ACCEPTANCE & EXECUTION:
This Work Order and the attached Contract Documents are hereby accepted and incorporated
herein by this reference.
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
APPROVED AS TO FORM: Date:
Name,City Attorney's Title
(if greater than $1,000,000)
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Kevin Gertig, Utilities Executive Director
(if greater than $1,000,000)
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
ACCEPTANCE: Date:
Darin Atteberry, City Manager
(if greater than $1,000,000)
ATTEST: Date:
City Clerk
(if greater than $1,000,000)
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EXHIBIT B
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: Company Name
WORK ORDER NUMBER:
PO NUMBER:
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 CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: Company Name
By: Date:
Name: Title:
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Name, Title
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT C
GENERAL SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies 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 Service Provider shall
maintain during the life of this Agreement for all of the Service Provider'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 Service Provider 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT
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 confidential information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s confidential information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information which is not
public and/or is proprietary and includes by way of example, but without limitation, City
customer information, utility data, service billing records, customer equipment information,
location information, network security system, business plans, formulae, processes,
intellectual property, trade secrets, designs, photographs, plans, drawings, schematics,
methods, specifications, samples, reports, mechanical and electronic design drawings,
customer lists, financial information, studies, findings, inventions, and ideas.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, 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 account, address, billing,
consumption, contact and other customer data. In the case of disclosure in non-
documentary form of non-customer identifiable information, made orally or by visual
inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party,
the obligation to confirm in writing the fact and general nature of each disclosure within a
reasonable time after it is made in order that it is treated as Confidential Information. Any
information disclosed to the other party prior to the execution of this Agreement and related
to the services for which 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 City 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 section, 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 (1) was generally known to the public through no wrongful act of the
Receiving Party; (2) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (3) has been approved for release by a written
authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law.
5. Required Disclosure.
If the Receiving Party is required (by interrogatories, requests for information or documents,
subpoena, civil investigative demand or similar process, or by federal, state, or local law,
including without limitation, the Colorado Open Records Act) to disclose any Confidential
Information, the Parties agree the Receiving Party will provide the Disclosing Party with
prompt notice of such request, so the Disclosing Party may seek an appropriate protective
order or waive the Receiving Party’s compliance with this Agreement.
The Receiving Party shall furnish a copy of this Agreement with any disclosure.
6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any
person, directly or indirectly, nor use it in any way, except as required or authorized in
writing by the City.
7. 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 City.
8. Data Protection and Data Security.
In addition to the requirements of paragraph 7, 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 utility and customer information
and shall have written agreements requiring any subcontractor to meet those standards.
These information security safeguards (the “Information Security Program”) shall be
materially consistent with, or more stringent than, the safeguards described in this Exhibit.
a) 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
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
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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 Customer Data 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.
9. 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. Work stations or
laptops to be used in the Work will be required to have personal firewalls on each, as well as
have current, active anti-virus definitions.
10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply
during the term of the Work and at any time thereafter unless specifically authorized by the
City in writing.
11. If Professional breaches this Agreement, in the City’s sole discretion, the City may
immediately terminate this Agreement and withdraw Professional’s right to access
Confidential Information.
12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical
forms of media in which Confidential Information is contained, including but not limited to
writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of
the Disclosing Party and, upon request, shall be promptly returned, together with all copies
thereof to the Disclosing Party. Upon such return of physical records, all digital and
electronic data shall also be deleted in a non-restorable way by which it is no longer
available to the Receiving Party. Written verification of the deletion (including date of
deletion) is to be provided to the Disclosing Party within ten (10) days after completion of
engagement, whether it be via termination, completion or otherwise.
13. Professional acknowledges that the City may, based upon the representations made in this
Agreement, disclose security information that is critical to the continued success of the City’s
business. Accordingly, Professional agrees that the City does not have an adequate remedy
at law for breach of this Agreement and therefore, the City shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent
jurisdiction to enjoin or remedy any violation of this Agreement.
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EXHIBIT E
INSURANCE REQUIREMENTS
2. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies 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 Service Provider shall
maintain during the life of this Agreement for all of the Service Provider'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 Service Provider 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT I
SAMPLE MUTUAL NON-DISCLOSURE AGREEMENT –
NOT TO BE COMPLETED AT THIS TIME
THIS MUTUAL NON-DISCLOSURE AGREEMENT (this “Agreement”), effective as of the
day of , 20 , is between the City of Fort Collins, a Colorado home rule municipal
corporation (the “City”), and (“Vendor”). The City and Vendor may hereinafter be referred
to individually as a “Party” or collectively as the “Parties.”
WHEREAS, Vendor and the City may engage in discussions regarding (the “Purpose”);
and
WHEREAS, in the course of discussions, communications, and/or negotiations each Party may
disclose to and/or receive from the other Party certain information belonging to the disclosing
Party or its affiliates (collectively, the “Discloser”) that includes trade secrets, privileged
information, or confidential commercial and information (“Confidential Information”);
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and promises
set forth herein and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1. Records maintained by the City are subject to public disclosure pursuant to the Colorado
Open Records Act (“CORA”). Certain confidential business records are exempt. If Vendor
provides to the City documents that include trade secrets, privileged information, or
confidential commercial or financial information, Vendor shall segregate any documents
including such information from other documents provided to the City and shall clearly
identify such documents with a stamp, watermark or other clear mark identifying the
documents as confidential pursuant to CORA.
2. The Party receiving Confidential Information (the “Recipient”) (i) shall use such
Confidential Information only for the Purpose; (ii) shall reproduce such Confidential
Information only to the extent necessary for the Purpose; (iii) shall restrict disclosure of
such Confidential Information to its, and its affiliates', employees and agents who need to
know such Confidential Information to carry out the Purpose and who are not direct
competitors of the Discloser (and require such employees and agents to undertake
confidentiality and use obligations at least as restrictive as those Recipient assumes
herein); (iv) shall not disclose such Confidential Information to any other Party without
prior written approval of Discloser; and (v) shall protect such Confidential Information with
at least the same degree of care as it normally exercises to protect its own proprietary
information of a similar nature, which shall be no less than reasonable care. If Recipient
discloses Confidential Information to an employee, affiliate, or other person in accordance
with the terms of this Agreement, any subsequent disclosure or use of such Confidential
Information by such employee, affiliate, or other person shall be deemed a disclosure or
use by Recipient and Recipient shall be responsible for such disclosure or use. The
Recipient. shall immediately notify the Discloser upon the discovery of any loss or
unauthorized disclosure or use of the Confidential Information of the Discloser.
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3. The restrictions on use and disclosure of Confidential Information shall not apply unless
such Confidential Information, when in tangible, electronic or viewable form is marked
confidential or proprietary by Discloser, or when disclosed only orally is both identified as
confidential or proprietary at the time of disclosure and summarized in a writing so marked
and provided to Recipient within thirty (30) days following the oral disclosure; except that
any unmarked material and any verbally disclosed information that Recipient knows or
reasonably should know to contain Confidential Information of the Discloser, including but
not limited to business or technical information not generally known to the public, such as
patents, copyrights, trademarks and trade secrets, as well as all written or oral pricing and
contract proposals exchanged between the Parties shall be subject to the use and
disclosure restrictions of this Agreement. Within the 30-day period referenced above, all
Confidential Information communicated only orally shall be subject to the use and
disclosure restrictions of this Agreement.
4. The restrictions on the use or disclosure of Confidential Information shall not apply to any
information:
a. Which is independently developed by the Recipient as evidenced by
documentation in such Party's possession; or
b. Which is lawfully received from another source free of restriction and without
breach of this Agreement by the Recipient; or
c. After it has become generally available to the public without breach of this
Agreement by the Recipient; or
d. Which at the time of disclosure to the Recipient was known to the Recipient free of
restriction as evidenced by documentation in such Party's possession; or
e. Which the Discloser agrees in writing is free of such restrictions.
5. All Confidential Information shall remain the exclusive property of the Discloser, and no
license under any intellectual property right is either granted or implied by this Agreement
or the conveying of Confidential Information to Recipient hereunder. Discloser makes no
representations, warranties, assurances, guarantees or inducements of any kind, and, in
particular, with respect to the non- infringement of any intellectual property rights, or other
rights of third persons or of Discloser.
6. Neither this Agreement nor the disclosure or receipt of Confidential Information hereunder
shall constitute or imply any promise or intention by either Party to enter into any
transaction or business relationship, nor is it an inducement for either Party or its affiliated
companies to spend funds or resources or purchase or provide products or services, nor is
it any commitment by either Party or its affiliated companies with respect to the present or
future marketing of any product or service. No such agreement will be binding unless and
until stated in a separate writing signed by authorized representatives of both Parties.
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7. Each Party agrees not to announce or disclose to any other person (other than persons
described in Section 2(iii), above) the Confidential Information or the nature of any
discussions concerning the Purpose without first securing the prior written approval of the
other Party. All Confidential Information furnished hereunder shall be returned or
destroyed upon written request or upon Recipient’s determination that it no longer has a
need for such Confidential Information, except that Recipient’s legal counsel may retain
one copy in counsel’s files solely to provide a record of such Confidential Information for
archival purposes.
8. The restrictions on use and disclosure of Confidential Information disclosed hereunder
shall survive for a period of three (3) years from the date of last disclosure of any such
Confidential Information (except in the case of software, for an indefinite period). Either
Party may terminate this Agreement upon thirty (30) days advance written notice to the
other.
9. All notices or communications required or permitted as a part of this Agreement shall be in
writing (unless another verifiable medium is expressly authorized) and shall be deemed
delivered when:
a. actually received,
b. upon receipt by sender of a certified mail, return receipt signed by an employee or
agent of the Party,
c. upon receipt by sender of proof of email receipt, or
d. if not actually received, ten (10) days after deposit with the United States Postal
Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the respective other party at the address set
forth in this Agreement or such other address as the Party may have designated by
notice or Agreement amendment to the other Party.
The consequences of failure to receive a notice due to improper notification by the
intended Recipient of a new address will be borne by the intended Recipient. The
addresses of the Parties to this Agreement are as follows:
City of Fort Collins
215 N. Mason
PO Box 580
Fort Collins, CO 80522
Attention: Attention: Purchasing Director
10. This Agreement shall not be construed to limit either Party's right to independently develop
or acquire products or services without use of the other Party's Confidential Information.
11. The restrictions on disclosure of Confidential Information under this Agreement shall not
preclude Recipient, on the advice of counsel, from complying with applicable law,
regulation, other governmental requirement or other demand under lawful process,
including a discovery request in a civil litigation, if Recipient first gives Discloser notice of
the required disclosure and cooperates with Discloser, at Discloser’s expense, in seeking
reasonable protective arrangements. In no event shall Recipient be required to take any
action which, on the advice of Recipient’s counsel, could result in the imposition of any
sanctions or other penalties by a court or government body.
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12. Neither Party has any obligation to disclose Confidential Information to the other. Either
Party may, at any time: (i) cease giving Confidential Information to the other Party without
any liability, or (ii) request in writing return of Confidential Information previously disclosed.
13. Recipient acknowledges that Confidential Information provided under this Agreement may
be subject to U.S. export laws or regulations. Recipient shall not use, distribute, transfer or
transmit Confidential Information (even if incorporated into products, software or other
information) except in compliance with such laws and regulations. If requested, Recipient
shall sign written assurances and other export-related documents as may be required to
comply with such laws or regulations.
14. Each Party agrees that all of its obligations undertaken herein as Recipient shall survive
and continue after any termination of this Agreement, subject to Section 8 above.
15. No amendment or modification of this Agreement shall be valid or binding on the Parties
unless made in writing and signed by duly authorized representatives of each Party.
16. Subject to the limitations set forth in this Agreement, this Agreement will inure to the
benefit of and be binding upon the Parties. This Agreement may not be assigned by one
Party without the other Party's prior written consent.
17. If any provision of this Agreement shall be held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect
to the greatest extent permitted by law.
18. No forbearance, failure or delay in exercising any right, power or privilege is waiver
thereof, nor does any single or partial exercise thereof preclude any other or future
exercise thereof, or the exercise of any other right, power or privilege. This Agreement is
binding upon and inures to the benefit of the Parties and their heirs, executors, legal and
personal representatives, successors and assigns, as the case may be.
19. This Agreement shall be governed by the laws of the State of Colorado, U.S.A., without
regard to its conflicts of law principles. Each Party acknowledges and agrees that a breach
by it or one of its affiliates, employees or representatives of any of the covenants set forth
in this Agreement will cause irreparable injury to the other Party and its business for which
damages, even if available, will not constitute an adequate remedy. Accordingly, each
Party, for itself and its affiliates, employees and representatives, agrees that the other
Party, in addition to any other remedy available at law or in equity, shall be entitled to the
issuance of injunctive relief (including, without limitation, specific performance) by a court
of competent jurisdiction in order to enforce the covenants and agreements contained
herein.
20. Any judicial proceeding brought by or against any of the Parties on any dispute arising out
of this Agreement or any matter related hereto shall be brought exclusively in the state
district court sitting in Larimer County, Colorado, and by execution and delivery of this
Agreement, each of the Parties accepts for itself the exclusive jurisdiction and venue of
the aforesaid court as trial courts. Each Party expressly waives any objection (including,
without limitation, objections based on forum non conveniens) which any Party may have
now or hereafter to the laying of venue or to the jurisdiction of any such suit, action, or
proceeding, and irrevocably submits generally and unconditionally to the jurisdiction of any
such court in any such suit, action, or proceeding. Each Party agrees that its attorneys
shall accept service of process.
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21. This Agreement constitutes the entire understanding between the Parties as to the
treatment of Confidential Information disclosed for the Purpose and merges all prior
discussion between them relating thereto. Each Party has read this Agreement,
understands it and agrees to be bound by its terms and conditions. This Agreement may
be executed in counterparts, each of which shall be deemed an original, but all of which
taken together shall constitute one single agreement between the Parties. Signatures
exchanged by facsimile or other electronic means are effective for all purposes hereunder
to the same extent as original signatures.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth
above.
CITY OF FORT COLLINS, COLORADO
By:
By:
Printed:
Printed:
Title:
Title: