RFP 10332 Engineering Services for New Midtown Substation Page 1 of 31

REQUEST FOR PROPOSAL

10332 ENGINEERING SERVICES FOR NEW MIDTOWN SUBSTATION

RFP DUE: 3:00 PM MT (Mountain Time), August 14, 2026

The City of Fort Collins (City) is requesting proposals from qualified Professionals to provide planning and engineering services for the Midtown Substation, a new 115kV electrical substation being developed by City of Fort Collins Light & Power in partnership with Platte River Power Authority (PRPA). The Services will include site planning, civil and structural engineering, landscape architecture/architectural services, and taking the project through the City’s development review process.

As part of the City’s commitment to sustainability, proposals must 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 RMEPS.

All questions should be submitted, in writing via email, to Beth Diven, Senior Buyer at bdiven@fcgov.com, no later than 3:00 PM MT on August 3, 2026. Please format your e-mail to include: RFP 10332 Engineering Services for New Midtown Substation 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):

918-42 Engineering Consulting 925-00 Engineering Services, Professional 925-17 Civil Engineering 925-31 Electrical Engineering (Incl. Cogeneration Design Services) 925-33 Engineering Services (Not Otherwise Classified) 925-37 Facilities Design Services, Engineering 925-88 Structural 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.

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.

Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522

970.221.6775 fortcollins.gov

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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 Professionals 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 Professionals and their subcontractors/subconsultants 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. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. 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 & proprietary data, confidential commercial/financial information and, personally identifiable information (PII) may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waive any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information.

Professionals Registration: The City requires new Service Providers/ Professionals receiving awards from the City to submit IRS form W-9 and requires all Service Providers/ Professionals to accept 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 under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.

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

RFP 10332 Engineering Services for New Midtown Substation Page 3 of 31 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 Professional shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document).

Sincerely, Jake Rector Interim Purchasing Director

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I. BACKGROUND & OBJECTIVE / OVERVIEW

A. Objective

The City of Fort Collins (City) is requesting proposals from qualified Professionals to provide engineering and design review services for the Midtown Substation, a new 115kV electrical substation being developed by City of Fort Collins Light & Power in partnership with Platte River Power Authority (PRPA) on City-owned Lots 3 and 4 at the intersection of West Drake Road, McClelland Drive, and West Thunderbird Drive. The City anticipates this will be a single, fixed-scope engagement with services including site planning; civil, structural and geotechnical engineering; landscape architecture/architectural services;

taking the project through the City’s development review process; and culminating with construction ready drawings. Additional construction phase services may be requested including, but not limited to, clarifications and advanced detailing on project documents and specifications, material and product submittals, record drawings and site certifications.

The Professional’s team must include an architect or designer capable of leading an artistic design process for the project’s perimeter wall, working directly with the City, the community, and the City’s Art in Public Places (APP) program.

B. Background

The existing substation serving the midtown area has reached its structural limit, requiring feeders to share breakers in a configuration that no longer meets modern reliability standards. The new Midtown Substation will be designed to meet current standards while offering capacity for future needs.

The site sits within the Upper Midtown “Gardens” Character Area of the Midtown Plan, along a prominent Drake Road frontage adjacent to the Drake MAX transit station. The site has long been slated for redevelopment as urban, mixed-use development consistent with the Midtown Plan vision, and its prominence is heightened by its position along the MAX line. Placing a substation here forgoes a significant economic redevelopment opportunity on one of the corridor’s more visible parcels, which is why the City is seeking a design approach that reflects the importance of the infrastructure itself while giving appropriate deference to the surrounding public investment and urban character envisioned for this location.

Due to the site’s prominence, the perimeter wall around the substation is one of the largest and most consequential aspects of this project, along with the perimeter landscaping. This is not a typical utility wall: it must be both structurally sound (engineered to a 140-mph wind load per City Building Code, as it exceeds 6 feet in height) and genuinely artistic, fitting the surrounding neighborhood aesthetically rather than presenting as a security barrier. The City would like the wall’s design to be informed by the Neighborhood Meeting as the first step in the design process, and by direct, continuous coordination with City Building Services, ensuring that the design approved through Planning & Zoning is also compliant with Building Services permit requirements. The City’s Art in Public Places (APP) program will also have significant input into the design.

The site is currently under construction as part of the adjacent SWC College/Drake development and is presently not pad-ready, but is expected to be in early 2027.

Therefore, the Professional should not survey the site or pull a topographic map as a starting point, since conditions on the ground will change before this project is built. Design files for the surrounding infrastructure are currently owned by the project’s private

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The City has completed a Preliminary Design Review (PDR) for this site and received a full round of comments from City staff and outside reviewing agencies. The City is now ready to identify and partner with a qualified Professional to carry the project through the next phase of development review, from neighborhood meeting through formal submittal and Planning & Zoning Hearing approval, and to produce construction-ready drawings.

This is a Type 2 submittal process, and the City would like to combine the Preliminary Development Plan (PDP) and Final Development Plan (FDP) review into a single combined process. Pulling building permits is excluded from this scope and will be procured separately by the City.

C. Project Objectives

The overall project objectives are as follows:

1. Professional provides all documentation required to complete the City of Fort Collin’s Development Review Type II Process. This may include but not be limited to a Site Plan, Landscape Plan, Utility Plan, Geotechnical Report, Drainage Letter, and any easements by separate document required by the site layout design.

2. Design a perimeter wall and support structures appropriately scaled to the site and surrounding context. This will require coordination with City Planning Services.

3. Ensure code compliance by addressing:

a. Structural wind load requirements for the perimeter wall (140-mph per City Building Code).

b. Fire, life-safety, and Emergency Access Easement requirements coordinated with Poudre Fire Authority.

c. Building Code coordination with City Building Services so the wall design approved through Planning & Zoning is also one that can be permitted.

d. Geotechnical input to support the wall’s foundation and structural design.

4. Reduce risk of schedule delay or redesign:

a. Use the comments already received from the Preliminary Design Review as the starting point for design, rather than starting from a blank slate.

b. Coordinate wall and site design with City Building Services throughout the process, not only at the end, to avoid a design being approved at Hearing and then needing to be redesigned to satisfy Building Code or permitting requirements.

c. Design for the site’s future condition (once the adjacent SWC College/Drake infrastructure project is complete) rather than for conditions observable today.

5. Explore, through the landscape architect, whether a partnership with the Urban Renewal Authority (URA) could help fund or enhance the wall, landscape, or public realm elements of this project. This is not a confirmed funding source and should not be assumed or relied upon.

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II. SCOPE OF SERVICES

A. Scope of Work

General Scope of Services – The following is a list of services which may be requested of the awarded Professional for the Midtown Substation project. While the scope below identifies several services that may be needed, it may not be all inclusive of the scope required and all services referenced may not be used.

1. Pre-Development Review Work

a. Lead the Neighborhood Meeting as the first step in the wall’s design process, taking in resident comments and compiling them into design ideas for the City and Planning Department

b. Coordinate directly and continuously with City Building Services (contact: Russell Hovland) on the wall design throughout the process

c. Coordinate with the City’s Art in Public Places (APP) program on the wall design

Provide geotechnical input (soil conditions, foundation/footing recommendations) to support the wall’s structural design.

d. Prepare site civil, structural, and landscape design sufficient for City development review submittal.

e. Explore Urban Renewal Authority (URA) funding opportunities through the landscape architect, as a non-guaranteed avenue worth investigating.

f. Identification of available Urban Renewal Authority (URA) funding or partnership opportunities, as applicable.

2. Development Review Support

a. Prepare site civil, structural, and landscape design sufficient for City development review submittal.

b. Provide geotechnical input (soil conditions, foundation/footing recommendations) to support the wall’s structural design. Geotechnical Engineer to also include findings for soil electrical resistivity and thermal conductivity resistance, to support the design of the substation.

c. Professional expertise navigating the City of Fort Collins Development Review process, Planning & Zoning Commission Hearing, and related City departments

d. Professional to prepare all required documentation and presentation materials for Planning and Zoning Commission meeting, as well as responsible for presenting to the Planning and Zoning Commission.

e. Identification of available Urban Renewal Authority (URA) funding or partnership opportunities, as applicable.

3. Project management

a. Decision logs

b. Invoicing

c. Meeting minutes

d. Provide detailed written monthly progress reports throughout the duration of the

RFP 10332 Engineering Services for New Midtown Substation Page 7 of 31 development review process. The progress reports will be part of the monthly billing submittal.

4. Construction-Ready Drawings — final design documentation

a. Multidisciplinary design including civil, structural, geotechnical, landscape architecture/architecture, and others as needed

b. Drawings and specifications at milestone phases (concept, formal submittal, Hearing, final construction-ready set)

c. Quality assurance and quality control

d. Geotechnical investigation as needed to support the design of the perimeter wall and substation ground grid.

e. Design decision logs

B. Deliverables/Milestones

The Professional is to provide a detailed, realistic schedule with milestones and critical timelines from award through Neighborhood Meeting, formal submittal, and Hearing.

Anticipated dates for this RFP solicitation process through contracting can be found in the Anticipated Schedule section below.

C. Minimum Qualifications

The ideal Professional will have prior, documented experience leading a multidisciplinary team through the design and development approval of an infill project within the City of Fort Collins. Preferably this experience will include multiple projects approved by the City of Fort Collins within the past 10 years. The qualified Professional firm can be located outside the state of Colorado, but the Principal Professional Engineer for each discipline must be registered in the state of Colorado.

D. 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 22, 2026

Question deadline: 3:00 PM MT on August 3, 2026

Final Addendum Issued: August 7, 2026

Proposal due date: 3:00 PM MT on August 14, 2026

Interviews (tentative): Week of September 7, 2026

Award of Contract (tentative): September 2026

Contract Start: October 2026

E. Interviews

In addition to submitting a written proposal, the top-rated Professionals may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions.

The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV.

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Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including but not limited to remote interviews through a platform such as Microsoft Teams.

F. Travel & Expenses

Subject to the terms of the Agreement, reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Professional will be required to provide original receipts to the City for all travel expenses.

G. Subcontractors/Subconsultants

Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Professional; therefore, subcontractors and/or subconsultants will be the responsibility of the Professional.

H. 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.

I. Fees, Licenses, Permits

The successful Professional shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law.

J. Laws and Regulations

The Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA).

K. Invoicing and Payment

Invoices should be emailed monthly to invoices@fortcollins.gov with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional each month following the submittal of a correct invoice by the Professional 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 stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Professional and the City will negotiate an appropriate unit price for the service prior to the Professional initiating such work.

The City pays invoices on Net 30 terms.

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III. PROPOSAL SUBMITTAL

Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.

Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected.

Professionals 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 Professionals 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 Professionals include each of the City’s questions with their response.

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. Professional Information

1. Describe the Service Provider’s/Professional’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

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).

C. Scope of Proposal

1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider.

2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion.

3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks.

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4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties.

5. Include a description of the software and other analysis tools to be used.

6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Professional.

7. Can the work be completed in the necessary timeframe, with target start and completion dates met?

8. Are other qualified personnel available to assist in meeting the project schedule if required?

9. Is the project team available to attend meetings as required by the Scope of Work?

10. Provide an outline of the schedule for completing tasks.

D. Firm Capability and Assigned Personnel

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 subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section.

2. Provide resumes for each professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page.

3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. As the City’s project requires a multidisciplinary team, the Professional describes how each discipline will collaborate on this assignment, as well as how they have integrated together in previous projects.

4. Provide relevant information regarding previous experience related to similar municipal development review, utility infrastructure, or substation projects, particularly those involving architectural wall design and Planning & Zoning entitlement processes.

5. References. Provide a minimum of two (2) similar projects with public agencies in the last 10 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the organization name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Professional authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided.

6. Provide any information that distinguishes Professional from its competition and any additional information applicable to this RFP that might be valuable in assessing Professional’s proposal.

E. Sustainability/TBL Methodology

In concise terms (no more than two pages), please describe your organization’s

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Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score.

1. 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.

2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Professional.

Some examples are provided below:

a. 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.

b. 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.

c. 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.

F. Cost and Work Hours

In your response to this proposal, please provide the following:

1. Provide a detailed fee proposal for the scope of work described, broken out by phase and discipline, with contingency assumptions clearly disclosed.

2. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for duration of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for subconsultants/subcontractors, if used, shall be included.

3. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Reasonable expenses may be reimbursable as per the current rates found at www.gsa.gov. Professional will be required to provide original receipts to the City for all travel expenses.

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G. Sample Agreement

Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Professional. The Professional is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions.

The final Agreement with the awarded Professional will include a defined Scope of Services, fee and schedule for this assignment. Any changes to the Agreement must be agreed upon in writing via an Agreement Amendment by both parties.

H. Acknowledgement

The Acknowledgement form is attached as Section V. Complete the attached form indicating the Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Professional has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.

IV. REVIEW AND ASSESSMENT CRITERIA

A. Proposal and Interview Criteria

Professionals will be evaluated on the following criteria. This set of 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 Professionals may be conducted.

The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category.

WEIGHTING

FACTOR

CATEGORY STANDARD QUESTIONS

3.0 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? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work?

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WEIGHTING

FACTOR

CATEGORY STANDARD QUESTIONS

4.0 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 sufficient people of the requisite skills and qualifications assigned to the project?

1.0 Sustainability/TBL Methodology

Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures?

Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures?

2.0 Cost & Work Hours

Does the proposal include a detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate?

Are contingency assumptions clearly disclosed.

Are the work hours presented reasonable for the effort required by each project task or phase?

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V. ACKNOWLEDGEMENT

This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected.

Professional 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 10332 Engineering Services for New Midtown Substation and sample Agreement except as otherwise noted. Additionally, Professional 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 Professional’s knowledge and belief.

b. Professional 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. Professional further agrees that the method of award is acceptable.

e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm.

f. Professional acknowledges receipt of addenda.

g. Professional acknowledges no conflict of interest.

h. Professional acknowledges that 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. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.

Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. 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 & proprietary data, confidential commercial/financial information and PII information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information.

Legal Firm Name:

Physical Address:

Remit to Address:

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Phone:

Name of Authorized Agent of Firm:

Signature of Authorized Agent:

Primary Contact for Project:

Title: Email Address:

Phone: Cell Phone:

NOTE: ACKNOWLEDGEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.

Official Purchasing Document Last updated 4/2025

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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (Agreement) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) [enter state] [business type] (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 Service. The Professional agrees to provide Services in accordance with the Scope of Services (Services) attached as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references in to named third parties in this Agreement and its Exhibits, the Professional shall be solely responsible for performance of all duties hereunder.

2. Project Schedule. The Services to be performed pursuant to this Agreement shall be performed in accordance with the Project Schedule included in Exhibit A.

3. Changes. The City may, at any time during the term of the Agreement, make changes to the Agreement. Such changes shall be agreed upon in writing by the parties.

4. Agreement Period. Agreement shall commence , 20(Year) (the Effective Date) and shall continue in full force and effect until , 20(Year), unless sooner terminated as herein provided.

5. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the Professional.

In the event of early termination by the City, the Professional shall be paid for Services rendered up to the date of termination, subject to the satisfactory performance of the Professional 's obligations under this Agreement. Professional shall submit a final invoice within ten (10) calendar days of the effective date of termination. Payment shall be the Professional's sole right and remedy for termination.

6. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses:

Professional: City: Copy to:

RFP 10332 Engineering Services for New Midtown Substation Page 17 of 31

Attn:

Email Address

City of Fort Collins Attn: Luke Unruh PO Box 580 Fort Collins, CO 80522 lunruh@fortcollins.gov

City of Fort Collins Attn: Purchasing Dept.

PO Box 580 Fort Collins, CO 80522 purchasing@fortcollins.gov

All notices under this Agreement shall be written.

7. Compensation. In consideration of the Services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit B, consisting of [# of Pages], attached 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 Services by the City.

Invoices shall be emailed to invoices@fcgov.com with a copy to the City Project Manager.

The cost of the work completed shall be paid to the Professional following the submittal of a correct itemized invoice by the Professional. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request.

The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s approval.

8. Design and Service Standards. The Professional warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, timely completion and the coordination of all Services rendered by the Professional, and the Project Instruments as defined in the Project Instruments and License section below. The Professional shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards.

9. Indemnification. The Professional shall indemnify, defend, and hold harmless the City and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the Professional or third parties against the City arising out of or related to this Agreement (including but not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the City's defense costs and reasonable attorney’s fees.

10. Insurance. The Professional shall maintain insurance in accordance with Exhibit C, consisting of one (1) page, attached and incorporated herein.

11. Appropriation. To the extent this Agreement or any provision in it. requires payment of any

RFP 10332 Engineering Services for New Midtown Substation Page 18 of 31 nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the City shall not be construed as a breach of this Agreement.

12. Project Instruments and License.

a. Upon execution of this Agreement, the Professional grants to the City an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other deliverables (Project Instruments), 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 Project Instruments for use in performing the 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 use the Project Instruments 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 Project Instruments. This license shall survive termination of the Agreement by default or otherwise.

b. Upon payment of each invoice, associated Project Instruments rendered by the Professional shall become the City’s property. The Professional shall provide the City with the Project Instruments in electronic format in a mutually agreed upon file type.

13. City Project Manager. The City will designate, before commencement of the Services, the City Project Manager who shall make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this Agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City Project Manager.

The initial City Project Manager for this Agreement is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The City Project Manager is subject to change by the City.

14. Project Status Report. Project status reports may be required by Exhibit A – Scope of Services and shall be submitted to the City Project Manager. Failure to provide any required status report may result in the suspension of the processing of any invoice.

15. Independent Contractor. The Services to be performed by the Professional are those of an independent contractor and not of an employee of the City. The City shall not be responsible for withholding or remitting any portion of the Professional 's compensation hereunder or

RFP 10332 Engineering Services for New Midtown Substation Page 19 of 31 any other amounts on behalf of Professional for the payment of FICA, Workers' Compensation, unemployment insurance, other taxes or benefits or for any other purpose.

16. 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.

17. Subcontractors/Subconsultants. The Professional may not subcontract any of the Services without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Services 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 subcontractor/subconsultants performing Services hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement and Exhibit C, consisting of one (1) page, attached and incorporated herein.

The Professional shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of the certificate(s).

The Professional shall be responsible for any liability directly or indirectly arising out of the Services performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance.

18. Acceptance Not Waiver. The City's approval of Project Instruments furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Services. 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.

19. 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 to or refuse to perform according to the terms of this Agreement, that party may be declared in default upon notice.

20. Remedies. In the event a party has been declared in default, that defaulting party shall be

RFP 10332 Engineering Services for New Midtown Substation Page 20 of 31 allowed a period of ten (10) calendar days from the date of notice 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 themselves of any other remedy at law or equity.

In the event of a dispute between the parties regarding this Agreement, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections.

21. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and the matter recited herein.