HomeMy WebLinkAboutRFP - 9150 FLOOD WARNING SYSTEM EQUIPMENTRFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 1 of 28
REQUEST FOR PROPOSAL
9150 FLOOD WARNING SYSTEM EQUIPMENT
RFP DUE: 3:00 PM MST (our clock), JULY 15, 2020
The City of Fort Collins is requesting proposals from qualified Vendors to provide Flood Warning
System equipment.
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, in writing via email, to Marisa Donegon, Buyer at
mdonegon@fcgov.com, no later than 5:00 PM MST (our clock) on July 3, 2020. Please
format your e-mail to include: RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT 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):
72600 Radio Communication Equipment, Accessories and Supplies
73000 Radio Communication and Telecommunication, Testing, Measuring, and
Analyzing Equipment, Accessories and Supplies
84500 Testing Apparatus and Instruments (Not For Electrical or Electronic
Measurements)
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
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 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 2 of 28
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
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).
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 3 of 28
Sincerely,
Gerry Paul
Purchasing Director
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 4 of 28
I. OVERVIEW
The City of Fort Collins (City) is requesting proposals for Flood Warning System (FWS)
equipment, including gage network ALERT 2-capable transmitters. The transmitters are
intended to replace the City’s existing FWS gage transmitters that use ALERT protocol.
The current need includes replacing transmitters, solar panels, charge controllers and
adding Global Positioning Satellite (GPS) antennas at up to 62 sites, with replacement of
weather station sensors at five (5) sites, over a period of two years. Additional
transmitters and related equipment may be purchased for other customized applications,
for planned sites yet to be installed, and for the purpose of backup/inventory.
II. SCOPE OF PROPOSAL
A. Scope of Work
i. Technical Requirements
The following are the technical requirements of the items the City is interested in
purchasing:
Transmitters and Transmitter/Receiver
Transmitters will issue reports of sensor(s)-acquired data, battery voltage, and GPS
status using the current ALERT 2 protocol established by the National Hydrologic
Warning Council (NHWC).
General requirements for each transmitter include being housed in a cannister-type
enclosure capable of fitting into an (existing) 12” diameter columnar gage standpipe with
a door measuring 12” x 17” as measured on the circumference dimension of the
standpipe. The units provided will have military style female sensor socket connections
of three to six pins, depending on the sensor type, and a BNC-female-type connector for
Tx/Rx antenna, and a SMA female connector for a GPS antenna. The cannister
enclosures are expected to provide internal storage space for a battery or batteries.
One (1) additional non-cannister-housed transmitter will need to be supplied with or fit
within a NEMA Type-4X enclosure approximately 10” X 24” X 24” and to accept data via
a serial connection from a Campbell Scientific CR-10x that sends sensor data to a CSI
RF-95A RF Modem matched with a Johnson Data Telemetry DL-3422 5 watt ALERT
Radio. The CR-10x data link is via RS-232 communications via RTS/DTR, CTS, and TX
ports. The data are NOT SDI-12 format. If the Vendor can demonstrate that either the
existing programming can be shifted to export SDI-12, or the NWS CR-10x datalogger
can be sampled/sniffed by the Vendor’s transmitter and the sensor data issued as
ALERT2 reports, that will satisfy the City’s requirement.
One (1) other additional transmitter/receiver will comprise an ALERT2 receiver/decoder
that will be used to receive and decode messages from other FWS ALERT 2 network
gages and deliver the decoded data to analog outputs. This unit will also issue ALERT2
reports generated by attached sensors, battery power, and GPS and other status
reports, and can be housed in either a cannister-type container or a NEMA Type–4X
enclosure. Transmitters will be compatible with/use 5-watt narrow-banded data radios for
Tx/Rx of ALERT2 reports.
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 5 of 28
The City is interested in transmitters that possess the ALERT 2 Forward Error Correction
– High Data Rate capability established by Blue Water Design as a desirable feature that
the City may utilize for certain sites within its system.
Other general requirements, including the gage station type (rain, flow, weather, etc.)
and needed sensor inputs are presented in Exhibit A, Flood Warning Transmitters and
Sensors.
Vendors are welcome to provide alternative options to satisfy this RFP, including
sourcing non-proprietary hardware and/or re-use of existing City ALERT transmitter
components, if the Vendor warranties the final product(s) themselves or offers the
original equipment manufacturers warranties.
Radios
Please note that in the interest of cost savings, the City is interested in re-using its
existing Maxon/Midland/Ritron narrow-band data radios that are equipped with 9 pin
power/Tx/Rx connections (15 pin for Ritron), and BNC 50-ohm antenna connections.
Prior to use with any supplied transmitters, the City will have its existing radios checked
for performance and calibration by a local Maxon vendor. It is expected that the City can
source a mix of new and refurbished radios for this project. Alternatively, Vendors may
choose to propose providing new radios.
Solar Panels - Charge Controllers - GPS Antennas
The City is expecting to upgrade at each of its existing sites the solar panels and charge
controllers, and then add a GPS antenna. The City requires at each gage site a 10-watt
panel and tilt-adjustable mounting bracket capable of secure attachment to a 1-inch
diameter mast. Solar Panels do not have to be provided with power leads, but ~10 foot
long leads are preferred. Charge controllers should be conservatively sized for 10-watt
panels. The GPS antenna should be mast-mountable and include its mounting bracket,
and ideally, its cable terminated with a SMA-male connector.
Weather Station Sensors
The City currently operates five (5) ALERT weather stations that monitor rainfall, wind
speed, peak wind speed, wind direction, air temperature, relative humidity, and air
pressure. The current mounting arrangement for these sensors include one (1) vertical
mast, with two (2) horizontal beams that mount wind direction and wind speed
respectively. The City plans on replacing the transmitters and weather sensors at each
of the stations, preferably using new wiring and connectors. Weather sensors will be
attached to the new transmitters via 4, 5 or 6-pin military connectors as analog or SDI-12
inputs. Vendors are welcome to provide individual quotes for each sensor listed in
Exhibit A; or may submit quotes for combined sensors.
Installation and Field Services
The City may, in the future, solicit proposals for installation of transmitters, sensors and
peripherals in a separate RFP, but is not seeking that support at this time.
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 6 of 28
ii. Items
Vendors may choose to submit proposals on any or all items listed in Exhibit A. Vendors
may choose to submit proposals for specified manufacturers and/or items with
equivalent performance specifications. If choosing to submit a proposal for an item(s)
that is not a specified manufacturer, but meets equivalent performance specifications,
please submit item specification(s) with the proposal. If proposing multiple items, please
submit a quote for each in the proposal.
iii. Delivery
Delivery of all items shall be to:
City of Fort Collins Stormwater Utility
700 Wood Street
Fort Collins, CO 80521
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in
pricing submitted on Exhibit B, Pricing and Delivery Schedule, and not entered as
separate pricing. Any surcharges or additional costs shall be noted & included in
proposal.
iv. Quantities & Award
Please note that quantities listed in Exhibit A are estimates only. The award quantity is
subject to change and is not a commitment to purchase. The City reserves the right to
split the award in whatever percentages are most advantageous to the City and may
award to multiple firms. The selected firm(s) shall offer the award pricing and similar
terms to third-party entities performing work on the City’s behalf upon written approval by
the City.
The awarded Vendor(s) may be required to sign a City Agreement, a sample of which is
attached in Exhibit C. The awarded Vendor(s) may also receive a Purchase Order. The
City’s Purchase Order Terms and Conditions can be found in Exhibit D. Any exceptions
to the City Agreement and/or the City’s Purchase Order Terms and Conditions
must be documented in the proposal.
B. 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: June 24, 2020
• Question deadline: 5:00 PM MST on July 3, 2020
• Proposal due date: 3:00 PM MST (our clock) on July 15, 2020
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 7 of 28
C. Subcontractors
Vendors will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Vendor; therefore subcontractors
will be the responsibility of the Vendor.
D. Proposal Format
Please limit the total length of your proposal to a maximum of fifteen (15) double sided or
thirty (30) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers
and Vendor Statement 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.
E. Laws and Regulations
The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
F. 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 Vendor each month following
the submittal of a correct invoice by the Vendor 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.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
For this section, Vendors 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
Vendors 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 Vendors
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.
A. Vendor Information
1. Describe the Vendor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 8 of 28
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,
Vendor Statement.
B. Scope of Proposal
1. Describe the item(s) proposed. Please include any additional options that may be
beneficial for the City to consider.
2. Include any applicable warranties.
C. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. A list of qualifications for your firm and qualifications to provide the proposed item(s).
D. Availability
1. Provide lead times for proposed item(s) in Exhibit B, Pricing and Delivery.
E. 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.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved.
F. Cost
In your response to this proposal, please provide the following:
1. Provide detailed costs in the pricing table located in Exhibit B.
Please include any specific assumptions for costs. Please include any applicable costs for
support and maintenance.
G. Additional Information
Provide any information that distinguishes Vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing Vendor’s proposal.
Explain any concerns Vendor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the City Agreement, Exhibit C, or Purchase Order Terms and
Conditions, Exhibit D, shall be documented.
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 9 of 28
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Vendors 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 Vendors 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
1.0 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?
3.0 Firm Capability
Has the firm successfully provided equipment for
previous projects of this type and scope? Does
the firm have the resources, financial strength,
capacity and support capabilities required to
successfully deliver, warranty and support the
requested equipment into the future?
1.5 Availability
Can the equipment be delivered in the
necessary timeframe? Can the target delivery
dates be met?
1.0 Sustainability/TBL
Methodology
Does the firm’s solution meet the technology
requirements shown in the RFP? Does the
proposed technology match or exceed the
technical specifications shown in the RFP, and
how close is the match between the request
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?
3.5 Cost
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive?
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”.
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 10 of 28
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.”
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 11 of 28
V. VENDOR STATEMENT
Vendor 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, Vendor 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
Vendor’s knowledge and belief.
b. Vendor 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. Vendor further agrees that the method of award is acceptable.
e. Vendor acknowledge receipt of addenda.
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: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 12 of 28
EXHIBIT A
FLOOD WARNING SYSTEM TRANSMITTERS AND SENSORS
Preferred delivery of initial units is in September 2020.
ALERT 2 TRANSMITTERS
Gage Application Style Inputs1 Battery Capacity2 Data Radio3
Quantity
Needed in
2020
Quantity
Needed in
2021
Rain Station Sealed
Cannister
Analog, SDI-12,
Digital - Counter
(tipping bucket)
20 Amp Hours Maxon or Ritron
5 watt 8 8
Rain and Streamflow
Station compatible
with w/ either analog
or SDI-12 Pressure
Transducer, or SDI-
12 Radar
Sealed
Cannister
Analog, SDI-12,
Digital - Counter
(tipping bucket)
20 Amp Hours Maxon or Ritron
5 watt 18 20
Weather Station Sealed
Cannister
Analog x 6
(including ALERT
Wind), SDI-12,
Digital - Counter
(tipping bucket)
20 Amp Hours Maxon or Ritron
5 watt 4 3
Weather Station NEMA
box
Analog x 6, SDI-12,
Digital - Counter
(tipping bucket)
20 Amp Hours Maxon or Ritron
5 watt 0 1
Rain and Streamflow
Station compatible
with Radar sensor,
with datalogging for
communicating with
outside Agency
dataloggers.
Sealed
Cannister
Analog, SDI-12,
Digital – Counter
(tipping bucket),
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 13 of 28
1 Minimum requirements, additional inputs allowed. Military-style screw-on connectors required.
2 Battery capacity of 20 amp-hours or greater is preferred
3It is preferred that radios are presented as an optional item cost
TABLE 2 – WARNING SYSTEM COMPONENTS and WEATHER SENSORS
ITEMS TO BID (please provide unit costs)
Component Type
Quantity
Needed in
2020
Quantity
Needed in
2021
GPS Antenna (incl cable) Mast mountable 25 37
Solar Panel 10-Watt 12 V 25 35
Solar Panel Mounting Bracket Pole/Mast mountable, angle adjustable 25 35
Charge Controller 12 V, minimum 3 amp 25 35
Weather – Wind Direction Wind Vane or, if propeller (below), on swivel, 12V 2 3
Weather – Wind Speed Propeller for speeds up to 50 m/s, 12V 2 3
Weather – Air Temperature Air Temperature (-40 to + 60 C), 12 V 2 3
Weather – Humidity Humidity (0 to 100 RH), 12 V 2 3
Weather - Pressure Range of 600 1100 mBar, -40 to 60 C, 12 V 2 3
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 14 of 28
EXHIBIT B
PRICING AND DELIVERY SCHEDULE
VENDOR NAME:
SUBMITTAL DATE:
RFP 9150 FLOOD WARNING SYSTEM TRANSMITTERS AND SENSORS PRICING AND DELIVERY SCHEDULE
Gage Application Style Inputs1 Battery Capacity2 Data Radio3 Unit Price Lead Time
Rain Station Sealed
Cannister
Analog, SDI-12,
Digital - Counter
(tipping bucket)
20 Amp Hours Maxon/Ritron 5 W
Rain and Streamflow
Station compatible
with w/ either analog
or SDI-12 Pressure
Transducer, or SDI-
12 Radar
Sealed
Cannister
Analog, SDI-12,
Digital - Counter
(tipping bucket)
20 Amp Hours Maxon/Ritron 5 W
Weather Station Sealed
Cannister
Analog x 6
(including ALERT
wind), SDI-12,
Digital - Counter
(tipping bucket)
20 Amp Hours Maxon/Ritron 5 W
Weather Station NEMA
box
Analog x 6, SDI-12,
Digital - Counter
(tipping bucket)
20 Amp Hours Maxon/Ritron 5 W
Rain and Streamflow
Station compatible
with Radar sensor,
with Datalogging for
communicating with
outside Agency
dataloggers.
Sealed
Cannister
Analog, SDI-12,
Digital – Counter
(tipping bucket)
20 Amp Hours Maxon/Ritron 5 W
Receiver/Decoder/
Transmitter
NEMA
Type 4X
Box
Analog, SDI-12,
Digital – Counter
(tipping bucket)
RFP 9150 FLOOD WARNING SYSTEM EQUIPMENT Page 15 of 28
Warning System
Component/Weather Sensor Type/Specifications Unit Price Lead Time
GPS Antenna (incl cable) Mast mount included
Solar Panel 10-Watt 12 V
Solar Panel Mounting Bracket Pole/Mast mountable, angle adjustable
Charge Controller 12 V, minimum 3 amp
Weather – Wind Direction Wind Vane or, swivel propeller type, 12V
Weather – Wind Speed Propeller type for speeds up to 50 m/s, 12V
Weather – Air Temperature Air Temperature (-40 to + 60 C), 12 V
Weather – Humidity Humidity (0 to 100 RH), 12 V
Weather - Pressure Range of 600 1100 mBar, -40 to 60 C, 12 V, either
stand alone or fittable in &” x4.75” x 3.75” NEMA 4X
enclosure
If proposing radios, please include the specifications, unit price and lead time in a separate document. Please provide any quantity
discount(s).
Official Purchasing Document
Last updated 10/2017
Service Agreement with Red Flags & Confidentiality
Page 16 of 28
EXHIBIT C
SAMPLE CITY AGREEMENT
(FOR REFERENCE ONLY – DO NOT SIGN )
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 "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider 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 ,
consisting of ( ) page(s), and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following execution
of this Agreement. Services shall be completed no later than . Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in a writing signed by
the parties.
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 its 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.
Official Purchasing Document
Last updated 10/2017
Service Agreement with Red Flags & Confidentiality
Page 17 of 28
6. Early Termination by City/Notice. 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 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:
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 date of termination, 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. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, per the attached Exhibit ,
consisting of ( ) page(s), and incorporated herein by this reference.
8. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
9. Independent Service Provider. The services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or
for any other purpose.
10. 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.
11. Personal Services. It is understood that the City enters into the Agreement based on the
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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.
12. Acceptance Not Waiver. 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 or cause of action arising out of performance of this
Agreement.
13. 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.
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 thereof.
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 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,
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heirs, personal representatives, successors and assigns of said parties.
17. 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 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.
18. 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.
19. 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.
20. 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.
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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.
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 ofreceiving 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
provision of this Agreement and the City terminates the Agreement for such breach.
21. 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.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
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
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• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
b) Subcontractors. Professional may use subcontractors, though such activity shall not
release or absolve Professional from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and 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 D
PURCHASE ORDER TERMS AND CONDITIONS
20 Amp Hours Ritron (Rx)
20 Amp Hours Maxon or Ritron
5 watt 0 3
Receiver/Decoder/
Transmitter
NEMA
Type 4
Box
Analog, SDI-12,
Digital – Counter
(tipping bucket)
20 Amp Hours Maxon (Tx)
Ritron (Rx) 0 1
Total 30 36