HomeMy WebLinkAboutRFP - 9168 CONSULTING ENGINEERING SERVICES - STREAM REHABILITATION AND ENHANCEMENT PROGRAMRFP 9168 Consulting Engineering Services - Stream Rehabilitation Page 1 of 37
and Enhancement Program
REQUEST FOR PROPOSAL
9168 CONSULTING ENGINEERING SERVICES - STREAM REHABILITATION
AND ENHANCEMENT PROGRAM
The City of Fort Collins is requesting proposals from qualified Design Engineering Consultant
Teams to provide planning, design and resident engineering services for the Stream
Rehabilitation and Enhancement Program (SREP) of Capital Improvement Projects (CIP).
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.
A pre-proposal meeting will be held at 10:00 AM MST, on August 11, 2020. The meeting
information is as follows:
Please join the meeting from your computer, tablet or smartphone.
https://us02web.zoom.us/j/87582007728?pwd=TG5lQ0x2L1Y4VllxSlhHMk5ZRU1Fdz09
Meeting ID: 875 8200 7728
Passcode: 610831
Find your local number: https://us02web.zoom.us/u/kdzObgJFUg
All questions should be submitted, in writing via email, to Pat Johnson, CPPB, Senior
Buyer at pjohnson@fcgov.com, no later than 4:00 PM MST (our clock) on August 14, 2020.
Please format your e-mail to include RFP 9168 Consulting Services - Stream Rehabilitation and
Enhancement Program 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):
91842 Engineering Consulting
92517 Civil Engineering
92523 Dam Engineering
92528 Drainage Engineering
92533 Professional Engineering
92558 Irrigation; Drainage; Flood Control/Engineering
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.
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 9168 Consulting Engineering Services - Stream Rehabilitation Page 2 of 37
and Enhancement Program
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.
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
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and Enhancement Program
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 9168 Consulting Engineering Services - Stream Rehabilitation Page 4 of 37
and Enhancement Program
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Design Engineering
Consultant Teams to provide planning, design and resident engineering services for the
Stream Rehabilitation and Enhancement Program (SREP) of Capital Improvement
Projects (CIP).
The primary use of these on-call engineering services will be in the areas of planning,
engineering, design, environmental and ecological studies for capital improvements of
stream rehabilitation, habitat enhancement and water quality improvement projects
throughout the City of Fort Collins Utilities service area. Additionally, engineering
services for other stormwater related projects may be requested through this contract.
One of the upcoming Capital Improvement Projects utilizing this contract will be Mail
Creek SREP at Two Creeks Natural Area (Reach 1-1). The Mail Creek project will
address severe erosion and vertical banks that are a threat to public safety, private
property, stormwater conveyance, and water quality. The project may also increase the
width of the floodplain and support higher quality emergent wetlands and riparian
habitats. Water quality improvements may also include rehabilitation of existing
stormwater facilities such as detention basins, swales and outfalls to treat stormwater
runoff for this basin. These improvements will include stabilizing the creek beds and
banks through a combination of bio-engineered designs, and re-vegetation as well as
habitat and water quality improvements. This Mail Creek project reach will also require
dedication of easement from a private property owner to construct and maintain the
improvements.
The objectives for this project will be to fully design, permit, build and evaluate over time,
the subsequent performance of the stream rehabilitation and enhancements.
B. Background
Fort Collins is a vibrant community of approximately 175,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountain. The City is 57 square miles in
size and our population includes over 24,000 college students.
The City of Fort Collins Utilities Service Area provides water, wastewater, stormwater,
electric, and broadband services to residential, business, and industrial customers. The
development, maintenance, and improvements of each utility service is provided through
an Enterprise funding system of fee collections. Revenue from each utility service is
collected and expended separately from each other. More information about Utilities can
be found at www.fcgov.com/utilities.
Within the Stormwater Utility, a master plan has been developed and adopted for each
of the 12 City of Fort Collins stormwater basins. The Stormwater Master Plan
(https://www.fcgov.com/utilities/what-we-do/stormwater is a layered compilation of
various studies, modeling results and engineering assessments. The three core
components of these master plans are a hydrologic study, a hydraulic assessment, and
a selected plan of improvements to reduce flood risk. Each stormwater basin (12
basins) across Fort Collins has its own individual basin master plan, which in turn is
comprised of Flood Protection and Mitigation Plans including stream rehabilitation
projects and regional water quality BMP retrofit projects.
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and Enhancement Program
In 2008, the Fort Collins City Council directed the Stormwater Utility to repurpose the
Stormwater Program to include stormwater quality and stream rehabilitation with a focus
on the following goals:
• Improve environmental, social, and economic health of watersheds in the City of
Fort Collins
• Create sustainable aquatic, riparian, and terrestrial habitat within City's streams
• Improve connectivity throughout each basin
• Improve water quality within City's urban streams
• Integrate stream improvements into existing City master plans – Land Use,
Natural Areas, Parks, Trails, etc.
In 2011 the City hired Colorado State University (CSU) to conduct a stream rehabilitation
stability study. This study prioritized future stream management and rehabilitation work
on 10 streams within the City in coordination with the basin specific water quality BMP
selected plans. The study quantified the geomorphic, erosional susceptibility, and
physical habitat state of these streams. This information along with the triple bottom line
(TBL) criteria from the City was incorporated into a multi-criterion decision analysis
(MCDA) matrix to provide a guide for future planning. A multi-discipline approach was
used to complete the MCDA including input from the Stormwater Department, Natural
Resources, Sustainability, Engineering, Environmental Planning, Outreach and Natural
Areas Board.
In 2012, the Stream Rehabilitation and Enhancement Program (SREP) project reach list
was created with the (MCDA) tool to provide a flexible, rational, and transparent means
to rank and prioritize projects. City Council approved an update to the Stormwater
Master Plan in accordance with Stormwater Repurposing goals to incorporate the
program
Presently the City of Fort Collins Stormwater Utility continues to recognize the increasing
need for innovative engineering and sustainable water quality solutions for the
rehabilitation of the stream and river corridors across the City of Fort Collins. Throughout
these corridors, fish and wildlife habitat have been compromised or destroyed, stream
bank and bed erosion have created safety concerns, water quality issues continue to
arise, and development has impacted the natural ecology of the corridors. Project
designs and construction seek to minimize the impacts to neighborhoods and the
environment while still accomplishing the stated goals, reducing flood risk, and fully
utilizing sustainability strategies. These are the primary issues the Stream Rehabilitation
and Enhancement Program (SREP) is tasked with addressing.
Examples of On-Call projects that may be required under this contract are projects listed
in the MCDA including Mail Creek at Two Creeks Natural Area (Reach 1-1), other
opportunity or partnership projects such as Spring Creek drop structure at the College
Avenue bridge, Edora Park irrigation pond improvements on Spring Creek, and Poudre
River floodplain rehabilitation improvements. Previous On-Call contracts have generally
resulted in the design and construction of 1 to 3 projects annually of varying scope,
complexity, and fee.
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and Enhancement Program
II. SCOPE OF PROPOSAL
A. Scope of Work
General Scope of Services – including services for On-Call Future Projects and the Mail
Creek SREP at Two Creeks Natural Area. The following is a list of services which may be
requested of the awarded Consultant for stream rehabilitation and stormwater capital
projects. While it identifies several services that may be needed, it may not be all inclusive
of the scope required and all services may not be used.
1. Perform design services for all types of stormwater infrastructure including stream and
habitat rehabilitation, open channels, storm sewers, detention basins, levees, energy
dissipation, erosion protection, existing or conflicting utility and/or Right of Way
infrastructure modifications, etc.
2. Perform hydrologic/hydraulic modeling and master planning for stormwater projects
utilizing EPA SWMM and 1D and 2D modeling software such as FLO 2-D, SRH-2D
and HEC-RAS.
3. Provide professional geomorphology services and any required sediment transport
analysis or modeling.
4. Provide Civil and Structural Engineering required for the design of the project.
5. Provide Environmental Engineering and Ecological Consulting as required to complete
tasks such as environmental studies, wetlands delineation, cultural surveys,
geotechnical assessments, Threatened and Endangered species surveys, habitat and
wildlife assessments, Leaking Underground Storage Tanks (LUST) site identification,
etc.
6. Provide Subsurface Utility Engineering (SUE) services including field locations,
potholing, and surveying to produce stamped SUE plans in compliance with State of
Colorado requirements as needed.
7. Provide Landscape Architecture and Urban Planning services including landscape
design, renderings and drawings as required.
8. Provide Geotechnical Engineering services required for the design process and for
testing during construction projects.
9. Provide surveying required for the design of the project and baseline control for
contractor use during construction by a Professional Land Surveyor.
10. Identify easements and properties required for any on/off-site construction and
prepare all legal descriptions and exhibits needed by City staff for acquiring all
easements and/or properties. Include required surveying by a Professional Land
Surveyor.
11. Prepare and integrate BMP water quality solutions (Low Impact Development / Green
Infrastructure, etc.) into stormwater design solutions and develop guidelines for long-
term maintenance of water quality facilities.
12. Prepare floodplain permit applications as required, including No-Rise certifications and
CLOMR/LOMR as required for both FEMA and City regulated floodplains.
13. Prepare any/all permits and documentation necessary for certification of a levee with
all applicable regulatory agencies as required...
14. Prepare project reports, technical memorandums, and basis of design documents.
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and Enhancement Program
15. Prepare construction contract documents including construction drawings (including
SUE, Plan and Profile, Details, etc.) and Technical Specifications for capital
improvement projects using CSI format and the City of Fort Collins’ modified EJCDC
General Conditions. Drawings will be AutoCAD Civil 3D (Version 2014 or newer)
generated. “As-Built or Record Drawings” will be provided to the City in electronic
format (PDF and AutoCAD files) on flash-drives/thumb-drives at the completion of
each project. Each “As-Built” drawing will be stamped original at the completion of
each project, which will become the property of the City of Fort Collins Utilities.
16. Prepare erosion control plans in accordance with all applicable regulatory agencies as
required.
17. Prepare Engineer’s Opinion of Probable Construction Costs (OPCC) for project at
various stages throughout project, as required, which may include Association for the
Advancement of Cost Engineering (AACE) estimate classes from Class 5 through
Class 1.
18. Provide resident engineering, construction administration and oversight, submittal
review and field inspection services. Resident Engineering duties must be performed
with experienced and qualified personnel approved by Fort Collins Utilities Project
Manager.
19. Provide detailed written monthly progress reports throughout the duration of the design
and construction of all work. The progress reports will be part of the monthly billing
submittal.
Additional support services that may be needed:
1. Provide redesign and retrofitting of water distribution and wastewater collection
systems.
2. Provide trenchless design for the rehabilitation of underground utility infrastructure.
3. Coordinate, manage, and participate in Public Outreach efforts including open houses,
presentations, individual meetings, publications, graphics, story maps, etc.
B. Delivery Approach
Utilities’ capital projects are typically delivered using one of the City’s alternative delivery
methods. As part of alternative delivery, the Consultant is part of a project team
consisting of the City’s Project Manager(s) and other City staff, project Construction
Contractor Team, and the selected Design Engineer Team. This team will work together
in a collaborative manner during design phases through the completion of construction.
Each team member has significant involvement in the development and execution of
design and construction concepts which are utilized for the successful completion of
projects. Participation by all team members throughout the project is expected and
encouraged to allow innovation and to enhance project quality and value.
For the Mail Creek Stream Rehabilitation at Two-Creeks Natural Area project, the
selected Design Engineer Team, and the Construction Contractor’s Team (chosen
through a separate RFP) will join a collaborative project team, which includes the City’s
Project Manager(s) and staff beginning at the 0%-30% level. Multiple design and
construction components, including but not limited to material selection and construction
methods, will require the Contractor’s invaluable input to contribute to the success of the
project.
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and Enhancement Program
Future on-call Projects proposed under this Agreement may be managed utilizing
alternative delivery methods in which construction contractors and subcontractors may
be included early in the design phase, starting between 0 and 50% design stages.
Delivery method selection will be determined by the City of Fort Collins Utilities on a
project-by-project basis dependent on variables which may include, but are not limited
to, anticipated budget, project complexity, timeline and schedule. Experience with
alternative delivery methods wherein contractors are included during various stages of
design and construction is required.
Work will be on an as needed basis with the scope of work to be defined and a work
order negotiated prior to the time the work on each project is commenced. Annual
budget for Stream Rehabilitation Projects is projected to be $800,000-$2,000,000 per
year. This budget will cover design fee’s, project administration, project management
and construction. Budget offers for all projects are made bi-annually and frequently
involve more than one year’s funding. Budget offers for this program have been well
received in the years since inception. This is an indicator of the level of work that can be
expected but should not be interpreted as a guarantee of future work.
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: July 29, 2020
• Pre-Proposal Meeting: 10:00 AM MST on August 11, 2020 (via
Zoom)
• Question deadline: 5:00 PM MST on August 14, 2020
• Final addendum issued August 19, 2020
• Proposal due date: 3:00 MST (our clock) on September 9, 2020
D. Deliverables/Milestones
Deliverables/Milestones will be determined for each individual project or project phase and
be documented on each Work Order.
Anticipated Mail Creek Stream Rehabilitation at Two-Creeks Natural Area milestones
(tentative):
Milestone Tentative Time
Design Engineer Team and Contractor Team Partnering Kick-Off January 2021
Project Work Plan and Permit Management Plan (PWP) January 2021
Reach assessment and 30% Design complete Spring 2021
60% Design complete Summer 2021
Final Design complete Fall 2021
Final Construction Estimate complete Fall 2021
Begin Construction Nov’21-Jan’22
Finish Construction April 2022
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E. Interviews
In addition to submitting a written proposal, the top-rated Design Engineer Teams may
be interviewed by the RFP assessment team and asked to participate in an
interview/interactive presentation to provide an overview of the company, approach to
the sample project and delivery method, 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.
F. Travel & Expenses
Consulting Firms are to provide a list of fees for reimbursable expenses. Reasonable
expenses may be reimbursable per the current rates found at www.gsa.gov.
G. Subconsultants
Consultant will be responsible for identifying any subconsultants in their proposal.
Please note that the City will contract solely with the awarded Consultant; therefore,
subconsultants will be the responsibility of the Consultant.
H. Financial Qualifications (CONFIDENTIAL)
Consultants are to submit the most recent financial statement (audited preferred) including
balance sheet and income statement, as well as a statement of cash flows. Also provide
a banking reference (name, address and phone number). The financial information shall
be submitted in a separate file marked Confidential. The financial information will be
considered confidential commercial and financial data pursuant to the Colorado Open
Records Act (C.R.S. 24-72-201 et. seq.)
I. 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.
J. Fees, Licenses, Permits
The successful Consultant 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.
K. Laws and Regulations
The Consultant agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances. The Consultant further agrees
to comply fully with the Occupational Safety and Health Act, all regulations issued there
under and all state laws and regulations enacted and adopted pursuant thereto.
L. Agreement & Term
The intent of the City of Fort Collins is to award contracts to one or two qualified
Consultants and their subconsultants (Design Engineer Team) for the services outlined
in this RFP. The Consultants and the City will enter into a Professional Services
Agreement Work Order Type known as the “Master Agreement”. This Master Agreement
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and Enhancement Program
will cover the design, preconstruction, and construction phases of work. Work will be on
an as-needed basis with the scope of work to be defined and a Work Order negotiated
prior to commencement of each project. It is anticipated that design, preconstruction,
and construction work will be conducted in phases, with Work Orders negotiated and
issued for each phase of work as the project progresses. The Master Agreement
contains the terms and conditions of the contract, a general scope of work, hourly rates,
insurance, etc. The resulting Agreement(s) will have an initial term of one (1) year and
may be extended at the City’s option for additional one-year periods not to exceed four
(4) additional one-year periods, subject to mutual agreement by both parties.
Included with this RFP is a sample Master Agreement that the City intends to use for
obtaining the services of the Consultant. The Consultant is required to review the Master
Agreement and indicate any objections to the terms of the Agreement. If revisions to the
contractual terms are requested, provide suggested revisions as part of the proposal
submittal.
M. Work Orders
Work will be conducted in phases under the Master Agreement and authorized by
individual Work Orders (a sample Work Order form is included in the attached Master
Agreement) as the project progresses. The Consultant shall provide all personnel,
materials, equipment and supplies necessary to complete the services set forth in the
applicable Work Orders.
If the City has agreements with multiple Consultants for the Work, the City reserves the
right to choose which Consultant to contact regarding the project, unless order of
preference has been established during the contracting process.
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 detailed
scope of work, project schedule, deliverables, number of hours, cost detail supporting
total cost including hourly rates, personnel details, materials, subconsultants, fee
schedules, and expenses. Cost factors outlined in the Work Order will be based on the
budgetary cost factors submitted in the RFP response and subsequently negotiated and
incorporated in the contract. Consultant and subconsultant Fee Schedules will be firm for
the first year of the Master Agreement and may be updated annually in subsequent
years based on fair market indices, upon the agreement of both parties.
It is possible that the City will choose not to incorporate one or more portions of the
general scope of services described in this RFP into any Work Orders executed
pursuant to this RFP. Similarly, additional similar services may be added to the Master
Agreement if required.
No Work Order over $5,000 will be considered valid until signed, at a minimum, by the
Consultant, Project Manager and Purchasing Department representative and a purchase
order is issued. 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
sample agreement) and will not be considered valid until signed, at a minimum, by the
Consultant, Project Manager and Purchasing Department representative
N. 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 Consultant each month
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and Enhancement Program
following the submittal of a correct invoice by the Consultant 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 Consultant and
the City will negotiate an appropriate unit price for the service prior to Consultant initiating
such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of twenty (25) double sided or fifty
(50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, resumes, dividers,
Preferred Qualifications and Experience Form, and Acknowledgement form). Font shall be a
minimum of 10 Arial and margins are limited to no less than 0.5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and should be used only for
graphics, diagrams, or drawings not easily presented on 8 ½ x 11” pages. Please, no
embedded documents. Proposals that do not conform to these requirements may be rejected.
For this section, Consultants 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
Consultants 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
Consultants 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. 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. Consultant Information
1. Describe the Consultant’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
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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.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed per the scope of services
described above. The narrative should include any options that may be beneficial for
the City to consider.
2. Describe how the On-Call Future Projects would be managed and who would have
primary responsibility for timely and professional completion.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager(s) and other members of the alternative delivery project team.
4. Include a description of the software and other analysis tools to be used.
5. Detail experience the Design Engineer Team has with alternative delivery methods
and how these methods have contributed to innovative and successful design and
construction processes. Include a recent partnering experience the Design Engineer
Team has had with an Owner and Construction Contractor Team.
6. Discuss the Consultant’s availability to respond to Utilities’ infrastructure
emergencies which may occur.
7. Identify any portions of the Scope of Services that may be performed by
subconsultants.
D. Mail Creek Stream Rehabilitation at Two-Creeks Natural Area Proposal Example
The Mail Creek Stream Rehabilitation at Two-Creeks Natural Area (reach 1-1) project is
the next planned stormwater project in the Stream Rehabilitation and Enhancement
Program (SREP). A few significant problems related to flooding, public safety, water
quality, habitat function and impacts to riparian area exist within this project. The Mail
Creek stream reach is within an urbanized corridor and is experiencing severe bed and
bank erosion, which in some cases, is threatening private property. Reconstruction,
using bio engineered stream sections, typically include replacing existing grade control
structures and disconnected channel segments with riffle drops and pools to promote
native fish passage and improve aquatic habitat.
Mail Creek reach 1-1 is located just northwest of Fossil Creek Community Park in
southeast Fort Collins. This segment of stream flows across land owned by the City of
Fort Collins Natural Areas and Parks Departments and one private property owner. The
upstream limit begins at the east side of the Mail Creek Lane roadway bridge and
extends down through Two-Creeks Natural Area to the confluence of Fossil Creek. This
reach is approximately 3,200 lineal feet of channel.
The project will involve three primary phases:
Phase 1 is to assess and determine a conceptual (30%) design by utilizing the
existing program criteria and pre-design work previously developed. Work will
also include field assessment, base-mapping, imagery, ecology and habitat
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improvements, geomorphic controls (i.e., erosion potential and channel stability),
aesthetic value and social benefits, sustainability, infrastructure protection, retrofit
or removal of in-stream obstacles, irrigation flows, fish passage, cost, design
renderings, public outreach including open house meetings, and practicality (the
triple bottom line). The conceptual schedule calls for this to be a three to six-
month task.
Phase 2 is to develop and complete the design including plans and
specifications, cost estimating, floodplain modeling, public outreach,
CLOMR/LOMR submission, and appropriate permit applications, easements, and
use agreements.
Phase 3 is to initiate and complete construction. This will include pre-construction
activities, construction oversite, as-built development and reporting, performance
monitoring and corrective measures.
The proposal for the Mail Creek Stream Rehabilitation at Two-Creeks Natural Area
project will become the basis for one of the first Work Orders under the Master
Agreement awarded from this RFP. The costs supplied in response to the RFP will be
used to assist in selecting the Design Engineer Team for this project. Although rates and
expenses are elements of the evaluation criteria, the selected Consultant will not be
bound to the bottom line submitted in response to this RFP. After contract award, City
and Consultant will negotiate the first Work Order. The City reserves the right to modify
the final scope of work in the event the costs exceeds the project budget.
In response to the RFP, provide the following information for the Phase 1:
Conceptual design, as described above, of the Mail Creek Stream Rehabilitation
at Two-Creeks Natural Area (reach 1-1) Project. In the interest of your time, the
proposal needs only to be focused on Phase 1.
Detailed design is not required nor desired to be included in this proposal.
Proposal details should include:
1. Describe your recommended approach to Phase 1 described above. Provide a
detailed narrative of the services proposed if awarded the contract for the Mail
Creek Stream Rehabilitation at Two-Creeks Natural Area project scope above.
The narrative should include any options that may be beneficial for the City to
consider. Include a description of the software and other analysis tools to be
used.
2. Discuss the design and construction factors to be considered during design,
major issues you identify to be addressed, any risk factors, and all assumptions
made based on the limited information provided. This effort will be used to
evaluate the Consultant’s ability to analyze a problem and propose an approach.
3. Submit a Scope of Work for the analysis and design efforts required to complete
Phase 1 of the project described above with itemized tasks describing the
Consultant’s intended efforts, assumptions, work to be completed, and desired
outcomes.
4. Provide a fee proposal spreadsheet for the Consultant’s proposed Scope of
Work. Identify the employee, title, hourly rate, and estimated hours per person for
each proposed task. Price all services/deliverables, expenses, and fees
RFP 9168 Consulting Engineering Services - Stream Rehabilitation Page 14 of 37
and Enhancement Program
separately. Clearly identify the same information for any subconsultants. Show
the supporting documentation for totals, expenses, markups etc.
5. Provide a detailed schedule identifying duration of each task and any critical path
and key milestones for completing design for the portion of the project described
above. Assume design is initiated January 10, 2021.
6. Provide a description of Design Engineer Team, including subconsultants and
the services they will provide for this project. The commitment of key staff is
critical to the City of Fort Collins Utilities and the success of this project.
7. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
8. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager(s) and other members of the alternative delivery project
team.
9. Provide an Organization Chart/Proposed Project Team.
The City will provide the following information to the selected Consultant(s) at the
beginning of conceptual design (not during the proposal process):
1. EPA SWMM Model for Mail Creek
2. FLO-2D Models for Mail Creek and Fossil Creek
3. 2013 LiDAR (although more current data may be available to the Consultant from
other sources and detailed topographic survey will be required as part of the
project.)
4. Schematic maps of Utilities’ existing water, wastewater, and stormwater
infrastructure (SUE may be required).
5. Various geotechnical reports from previous efforts (additional test holes will be
required).
6. Construction plans and/or as-builts of the previous Fossil Creek SRE project
(2015).
Firms interested in receiving the following information should provide name, firm name,
phone number and email to Pat Johnson at pjohnson@fcgov.com. The information will
be sent via the City’s ftp site.
1. CSU Fort Collins Stream Assessments Report
2. Fossil Creek Vision Report
3. Prioritized Stream Rehab MCDA Tool
4. SREP Program Map
5. Water Quality Master Plan Map – Mail Creek
6. Water Quality Master Plan Map – Fossil Creek
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 consultants with titles and their
specific task assignment for this Agreement project 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 for Mail Creek SREP.
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and Enhancement Program
E. Firm Capability & Assigned Personnel
Preferred Qualifications & Experience
Consulting Firms shall complete the following checklist (Y/N). Examples and references
will be requested in the Proposal. A single project may be used to meet more than one
of the described qualifications. In all instances, experience and projects completed must
be within the past 10 years. This table will be on Rocky Mountain E-Purchasing System
in Word format.
Qualification Details
Response
(Y/N)
1
Experience designing
stream or river
rehabilitation systems
and hydraulic
structures
Consultant has completed at least two
stormwater projects (including design and
construction phase services) which
included stream rehabilitation
improvements greater than 1,000 LF in
length, and at least two stormwater
projects that included large scale energy
dissipating structures or other hydraulic
structure utilizing habitat or fish passage
improvements.
2
Experience designing
stormwater systems
utilizing BMP, Low
Impact Development
(LID) and Green
Infrastructure
techniques
Consultant has completed at least two
stormwater infrastructure projects that
incorporated LID and Green Infrastructure
Techniques on a localized scale (such as
bioswales, rain gardens, vegetative
swales, permeable pavement systems,
etc.)
3
Experience designing
municipal
infrastructure in
existing urban areas
Consultant has completed at least two
municipal infrastructure water, wastewater,
or stormwater projects (including design
and construction phase services) in
existing Rights-of-Way, Parks, Natural
Areas, and through established residential
neighborhoods and business areas.
4
Experience with
ecological and habitat
restorations
Consultant or subconsultant on proposed
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and Enhancement Program
6
Experience with
Floodplain Mapping
and Processes
Consultant has completed at least two
projects that included floodplain mapping
services and processes for FEMA
CLOMR/LOMR submittals.
7
Experience with
Alternative Project
Delivery Systems
Consultant has been part of at least two
projects that utilized an Alternative Project
Delivery System, CM/GC method, or other
early contractor involvement delivery
method that incorporated teams and
partnering with Owners, Engineers, and
Contractors during both the design and
construction phases.
8
Experience with Public
Outreach and
interaction with
Residents and
Business Owners
Design Engineer Team has supported at
least two projects that required Public
Outreach with residents and businesses
for the purposes of education, coordination
and input and included Open Houses,
presentations, individual meetings,
publications, graphics, etc.
9
Experience working
for municipal/public
organizations
Consultant has experience working for,
and has directly contracted with, municipal
organizations or other public agencies on
at least two water, wastewater, or
stormwater projects.
10
Geomorphology and
sediment transport
Consultant has completed at least two
projects with a significant geomorphology
assessment and sediment transport
analysis to evaluate long term stream
stability and to inform design decisions.
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 consultants with titles and their
specific task assignment for this on-call 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 project descriptions of work performed and references for each of the
RFP 9168 Consulting Engineering Services - Stream Rehabilitation Page 17 of 37
and Enhancement Program
5. Provide examples of at least two projects where you have worked with your
subconsultants. List the subconsultant firm(s) for this Agreement, their area(s) of
expertise, and include all other applicable information herein requested for each
subconsultant. Identify what portion of the scope of services, if any, may be
subcontracted.
6. List of 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
subconsultants, and their individual areas of responsibility.
7. A resume for each professional and technical person assigned to the Agreement,
including partners and/or subconsultants, shall be submitted. The resumes shall
include at least three individual references from previous assignments. Please limit
each resume to one page.
8. Some functions of the future on-call projects and the Mail Creek SREP project may
require the use of subconsultants. If you intend to utilize subconsultants you must list
each and provide resumes for their key personnel.
9. Describe the availability of project personnel to participate in the Scope of Services
project in the context of the Consultant’s other commitments.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values. Address how your firm strives to
incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line
(TBL) sustainable practices into the workplace. Provide examples along with any metrics
used to measure success within your firm
Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects that your firm has been the prime
Consultant on.
Some examples are provided below:
1. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality and
watershed protection, regulatory performance, management systems, air quality,
renewable energy, sustainable building and design, construction materials
management, and solid waste reduction.
2. Economic – Experience working and delivering projects with an emphasis on
strategic financial planning, job creation, business development, asset management,
various project delivery methods, value engineering, regional partnerships,
transparency, stakeholder engagement, strategic investments, aging infrastructure,
repurposing of existing facilities, and competing financial priorities.
3. Social - Experience working and delivering projects, programs, and/or initiatives
that support Equity, Diversity, and Inclusion throughout your firm’s workplace,
including leadership, and supply chain. Examples of this may be demonstration of
working within cultural and language gaps, development of diversity programs,
diverse project teams, equitable opportunity vendor supply chain, and how your firm
has applied an equity lens to processes such as recruitment, hiring, purchasing,
career pathways, salaries, and staff engagement.
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and Enhancement Program
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
G. Cost and Work Hours
In your response to this proposal, submit all applicable Rate/Fee Schedules including
applicable expenses. Identify the following:
1. Schedule of Rates: Provide a schedule of billing rates by category of employee with
job title to be used during the initial 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 when creating Work Orders. Include a per
meeting rate in the event additional meetings are needed. A fee schedule for each
subconsultant, shall also be included.
2. Consultants are to provide a list of fees for reimbursable expenses to include the
following for the Agreement:
a. Reasonable travel expenses may be reimbursable as per the current rates
found at www.gsa.gov
b. Other direct expenses such as printing, copies, postage and deliveries shall
be billed as a direct cost, no markups allowed
c. Markups on subconsultants and sub tier consultants will not be approved
d. Markups for technology expenses will not be approved (phone, computer,
etc.)
All direct costs (i.e., travel, printing, postage, markups, etc.) specifically attributed to
the work and not included in the billing rates must be identified. The Consultant will
be required to provide original receipts to the City for all reimbursable expenses.
No additional terms and conditions should be part of any Consultant or subconsultant
Rate Schedules.
H. Additional Information
Provide any information that distinguishes Consultant from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Consultant’s proposal.
Explain any concerns Consultant 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
Consultants 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 Consultants 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.
RFP 9168 Consulting Engineering Services - Stream Rehabilitation Page 19 of 37
and Enhancement Program
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?
3.0
Mail Creek Stream
Rehabilitation at
Two-Creeks Natural
Area Proposal
Example
Does the proposed approach accomplish the
project goals? Does the proposal’s Scope of
Work include detailed tasks for each element as
applicable and are the assumptions reasonable?
Does the proposal include detailed cost break-
down for each cost element as applicable? Are
the proposed cost and work hours reasonable
for the effort required by each project task? Can
the work be completed in the necessary time?
Are other qualified personnel available to assist
in meeting the project schedule if required?
3.0
Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity, and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are enough people of the
requisite skills and qualifications assigned and
available 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?
1.0 Cost & Work Hours
Are fee schedules for Consultant and
subconsultants reasonable and competitive? Are
reimbursable expenses included and detailed in
the response?
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”.
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and Enhancement Program
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 Consultant 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 Consultant responsive to client needs; did
the Consultant 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 Consultant administered a construction contract,
was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
RFP 9168 Consulting Engineering Services - Stream Rehabilitation Page 21 of 37
and Enhancement Program
V. ACKNOWLEDGEMENT
Consultant 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, Consultant 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
Consultant’s knowledge and belief.
b. Consultant 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. Consultant further agrees that the method of award is acceptable.
e. Consultant 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. Consultant 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.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER
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 the "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with any
project Work Orders for RFP issued by the City. A blank sample of a work order is attached
hereto as Exhibit A, consisting of one (1) page and is incorporated herein by this reference.
No Work Order shall exceed $ . A general scope of services is attached hereto as
Exhibit C, consisting of ( ) page(s) and is incorporated herein by this reference.
The City reserves the right to independently bid any project rather than issuing a Work Order
to the Professional for the same pursuant to this Agreement. Irrespective of references in
Exhibit A to certain named third parties, the Professional shall be solely responsible for
performance of all duties hereunder. The term “Work” as used in this Agreement shall
include the services and deliverables contained in Exhibit A and any Work Orders issued by
the City.
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. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the parties
hereto.
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 Professional and mailed no later than thirty (30) days prior to
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contract end.
5. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
Professional: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance
with Colorado law, from all damages whatsoever claimed by third parties against the City;
and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of
the Professional's negligent performance of any of the services furnished under this
Agreement. The Professional shall maintain insurance in accordance with Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein.
7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services
to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed
fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs
shall not exceed ($ ), in accordance with Exhibit , consisting of
( ) page(s), attached hereto and incorporated herein. Monthly partial payments based
upon the Professional's billings and itemized statements are permissible. The amounts of
all such partial payments shall be based upon the Professional's City-verified progress in
completing the services to be performed pursuant hereto and upon the City's approval of
the Professional's actual reimbursable expenses. Final payment shall be made following
acceptance of the Work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the
sole property of the City.
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8. Compensation. [Option 1] In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
in accordance with Exhibit “ ”, consisting of ( ) page , attached
hereto and incorporated herein, with maximum compensation (for both Professional's time
and reimbursable direct costs) not to exceed ($ ). Monthly partial payments
based upon the Professional's billings and itemized statements of reimbursable direct costs
are permissible. The amounts of all such partial payments shall be based upon the
Professional's City-verified progress in completing the services to be performed pursuant
hereto and upon the City's approval of the Professional's reimbursable direct costs. Final
payment shall be made following acceptance of the work by the City. Upon final payment,
all designs, plans, reports, specifications, drawings and other services rendered by the
Professional shall become the sole property of the City.
9. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
blueprints, data files, calculations, studies, analysis, renderings, models and other Work
Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding to
the project, provided that the City substantially performs its obligations under the
Agreement. The license granted hereunder permits the City and third parties reasonably
authorized by the City to reproduce applicable portions of the Instruments of Service for use
in performing services or construction for the project. In addition, the license granted
hereunder shall permit the City and third parties reasonably authorized by the City to
reproduce and utilize the Instruments of Service for similar projects, provided however, in
such event the Professional shall not be held responsible for the design to the extent the
City deviates from the Instruments of Service. This license shall survive termination of the
Agreement by default or otherwise.
10. City Representative. The City will designate, prior to commencement of the Work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
11. Project Drawings. Upon request and before final payment, the Professional shall provide
the City with reproducible drawings of the project containing accurate information on the
project as constructed. Drawings shall be of archival quality, prepared on stable mylar base
material using a non-fading process to provide for long storage and high quality
reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established City standard. The Professional
acknowledges the City is a governmental entity subject to the Colorado Open Records Act,
C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may
be considered public records subject to disclosure under the CORA.
12. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement
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and every thirty (30) days thereafter, the Professional is required to provide the City
Representative with a written report of the status of the Work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
13. Independent Contractor. The services to be performed by the Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of the Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
14. Subcontractors. The Professional may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor
will be subject to inspection by the City to the same extent as the Work of the Professional.
The Professional shall require all subcontractors performing Work hereunder to 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 Professional shall maintain a copy of each
subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall
promptly provide the City with a copy of such certificate(s).
15. Personal Services. It is understood that the City enters into this Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
16. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the Wtork. 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.
17. 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.
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18. 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.
19. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
Agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
20. 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.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., the Professional represents and agrees that:
a. As of the date of this Agreement:
1. The Professional does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. The Professional will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, administered by the United States Department of Homeland Security (the “e-Verify
Program”) or the Department Program (the “Department Program”), an employment verification
program established pursuant 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. The Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. The Professional is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this Agreement is
being performed.
d. If the Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, the Professional
shall:
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1. Notify such subcontractor and the City within three days that the Professional has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that the Professional shall not terminate the contract
with the subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
e. The Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If the Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, the Professional shall be liable for actual and consequential
damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if the Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one
(1) page, 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:
PROFESSIONAL'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
PROFESSIONAL'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:
Professional 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.
PROFESSIONAL: Professional'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:
PROFESSIONAL: 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
PROFESSIONAL: 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 Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Professional shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not 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 Professional, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Professional under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Professional 's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in work
performed under this Agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during the
life of this Agreement such commercial general liability and automobile liability insurance as will
provide coverage for damage claims of personal injury, including accidental death, as well as for
claims for property damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form" basis. The
amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than
$1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT
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.
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
Preferred Qualifications & Experience listed above and note which Qualification the
example/experience meets. Include the owner’s name, title of project, beginning
price, ending price, contact name, email and phone number, staff proposed for these
services, subconsultants on the team and any change orders.
4. Identify the top three references Consultant suggests the City contact. Complete the
attached exhibit, Preferred Qualifications & Experience as part of your response
regarding your firm’s experience. If Consultant has worked for the City of Fort
Collins, provide two references beyond the City reference. The Consultant authorizes
City to verify all information contained in the Consultant’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.
Team has completed at least two
municipal, state and/or federal
infrastructure projects that incorporated
landscape planning with ecological and
habitat restoration
5
Experience in
hydrologic, hydraulic
(1D and 2D), and
water quality modeling
with EPA SWMM,
FLO 2-D, HEC-RAS,
or SRH-2D
Consultant has completed at least two
stormwater infrastructure projects where
EPA SWMM was utilized to inform the
design decisions for gray infrastructure
(sizing, alignment, location, etc.), and at
least two projects utilizing FLO 2-D, HEC-
RAS, or SRH-2D to evaluate split flow
conditions and inform design decisions..