HomeMy WebLinkAboutRFQ - 9731 HVAC ARCHITECTURAL & ENGINEERING SERVICES
REQUEST FOR QUALIFICATIONS
9731 HVAC ARCHITECTURAL & ENGINEERING SERVICES
RFP DUE: 3:00 PM MST (OUR CLOCK) MARCH 28, 2023
The City of Fort Collins is requesting proposals from qualified Professionals with demonstrated
experience designing Heating, Ventilation and Air Conditioning (HVAC) Retrofits. The 2023
projects include City Hall Chiller, Edora Pool and Ice Center AHU #1, Museum of Discovery
boiler #1, Police Services main data center Air Conditioning (A/C) units, and Traffic Operations
Roof Top Unit (RTU) #1.
Due to COVID-19 as well 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 2:00PM MT, on March 2, 2023, via Zoom. Please
use the following link if you would plan to attend:
Topic: Pre-Proposal Meeting - 9371 HVAC Architectural & Engineering Services
Time: March 2, 2023 02:00 PM Mountain Time (US and Canada)
Join Zoom Meeting
https://us02web.zoom.us/j/89563133832?pwd=MWVBbnVYWVlrTmdDanpZT0xkSlRxdz09
Meeting ID: 895 6313 3832
Passcode: 742883
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Meeting ID: 895 6313 3832
Passcode: 742883
Find your local number: https://us02web.zoom.us/u/kbx120Sb9c
All questions should be submitted, in writing via email, to Jake Rector at
jrector@fcgov.com, with a copy to Project Manager, Stu Reeve sreeve@fcgov.com, no
later than 3:00 PM MST (our clock) on March 9, 2023. Please format your e-mail to include:
RFP 9371 HVAC Architectural & Engineering Services in the subject line. Questions received
after this deadline may not be answered. Responses to all questions submitted before the
deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing
System webpage.
Rocky Mountain E-Purchasing System hosted by Bidnet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
90700 ARCHITECTURAL AND ENGINEERING SERVICES, NON-PROFESSIONAL
92500 ENGINEERING SERVICES, PROFESSIONAL
92507 Air Conditioning, Heating and Ventilating Engineering
92536 Engineering Services (Not Otherwise Classified)
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
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. 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, 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. By
responding to this RFP, Service Providers/Professionals hereby waives any and all claims for
damages against the City for the City’s good faith compliance with CORA. All provisions of
any contract resulting from this request for proposal will be public information.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s Construction Work Order Service
Agreement prior to commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
GENERAL INFORMATION
1. GENERAL
The City of Fort Collins is requesting proposals from qualified Professionals with
demonstrated experience engineering Heating, Ventilation and Air Conditioning (HVAC)
Retrofits. The 2023 projects include City Hall Chiller, Edora Pool and Ice Center AHU
#1, Museum of Discovery boiler #1, Police Services main data center Air Conditioning
(A/C) units, and Traffic Operations Roof Top Unit (RTU) #1. The retrofits will include
mechanical, electrical, and structural design components and may require roofing
repairs.
These projects are funded through the American Recovery Plan Act (ARPA). ARPA
Terms and Conditions will apply to the Agreement with the awarded Professional and
are attached to this RFP for reference.
2. REQUIREMENTS
The successful Professional will be responsible for 100% of all disciplines required for
the design, engineering, and construction administration necessary for bidding,
permitting and completion of the projects. The successful Professional will be
responsible for meeting all state and local licensing requirements for the complete
design.
3. TEAM BUILDING
The City desires a successful project for everyone involved. The City would like to
create an environment where trust and teamwork prevent disputes, foster a cooperative
bond to everyone’s benefit, and facilitate the completion of a successful project. The
City requires an integrated project design team.
4. REQUEST FOR QUALIFICATIONS PROCESS
The selection process will be completed in three phases:
Phase I: Selection by Qualifications
As part of this RFQ, the City will select multiple top ranked Professionals based on the
team’s evaluation of the qualifications, experience and approach as outlined in the
Professional’s proposal. The prospective Professional(s) will not be compensated for
Phase 1.
Phase 2: Selection of the Architectural & Engineering Professional
In Phase 2, the City will select the top ranked Professionals to participate in a design
charette. The top ranked Professionals will prepare and submit a preliminary design
based on the information shared during the charette.
The City will furnish existing site architectural, structural, mechanical and electrical
drawings for each building. The prospective Professional(s) will not be compensated for
Phase 2.
Phase 3: Pricing and Negotiations
In Phase 3, the top ranked Professional will submit pricing for the City’s evaluation
subject to negotiation of fair and reasonable compensation.
5. SCHEDULE
Phase 1 - Schedule DATE
RFQ Issued February 22, 2023
RFQ Pre-Proposal Meeting (Zoom) 2:00PM MT March 2, 2023
Questions Due 3:00PM MT March 9, 2023
Proposals Due 3:00PM MT March 28, 2023
Interviews (If Applicable) Week of April 3, 2023
Select Top Ranked Professional (Tentative) April 2023
Phase 2 – Schedule DATE
Pre-Proposal Meeting/Design Charette
(2 Hours) with Top Ranked Professional(s) April 2023
Questions Due April 2023
Proposal From Top Ranked Professional(s) Due May 2023
Award to Top Ranked Professional May 2023
Design from Top Ranked Professional Due August 30, 2023
Note: During Phase 2 the City will evaluate the Top Ranked Professional’s
Proposals. The Top Ranked Professional will need to be open to some
modifications of their design without negatively impacting the project cost unless
the City increases the size or complexity of the project. Any modifications will be
negotiated prior to award of the contract.
6. THE CAPITAL PROJECTS PROCEDURE MANUAL
The project will be subject to the City’s Capital Projects Procedures Manual. See
Attachment A.
The detailed Scope of Work for this project will be managed using this manual. The
manual correlates very closely to the phases of work sequence by the American Institute
of Architects. It includes site analysis, schematic design, design development,
construction documents, bidding, construction administration and project close-out.
7. BUILDING DESIGN & CONSTRUCTION STANDARDS MANUAL
The City of Fort Collins has developed a Building Design & Construction Standards
Manual. Compliance to the requirements of these standards is a requirement of the
project. This manual can be downloaded at the following address:
http://www.fcgov.com/opserv/design-standards.php
8. STATE TAXATION
The City of Fort Collins is exempt from City and State sales and use taxes.
OBJECTIVES
1. DESCRIPTION
These HVAC projects are replacing end of life equipment and moving from carbon-
based fuels (natural gas) to electrification in support of the City’s environmental and
energy efficiency goals. The project is to include the following:
a. Mechanical, electrical, and structural design.
b. Identify roofing repairs that are needed.
c. Evaluation of existing electrical loads at the facility.
d. Evaluation of existing electrical gear and system.
e. Cost estimating
f. Construction management
2. PROJECT TIMELINE AND OTHER INFORMATION
The City is targeting completion of the five (5) HVAC design projects by August 30,
2023. The City also plans to award all projects to HVAC contractors by November 15,
2023 and all projects completed by December 31, 2024. The City intends to issue
independent bids for each project, therefore, each project will require complete detailed
design packages. The City desires to keep the facilities open during the construction
projects. Those proposing on this RFQ shall provide a narrative addressing this
schedule and whether they feel the facilities can remain open.
3. FLEXIBILITY/DURABILITY – DESIGN OBJECTIVES
Design to be “Up-to-date” from an engineering perspective with a useful life of 10+
years.
a. “Serviceable” life of the building anticipated to be 50+ years
b. Tie-in with existing building and design
c. Design shall support the City’s Climate Action Goals
Reduce On-Going Operation, Maintenance and Repair Costs
a. Reduce operating costs to the maximum extent feasible
b. Reduce need to repair or replace equipment and materials
c. Use materials that prolong the useful service life of the building
d. Ensure equipment and corresponding distribution network is accessible for
serviceability.
e. Consider maintenance costs in the life cycle analyses of equipment, systems and
materials.
4. WORK ENVIRONMENT
Recognizing that people are the most important resource associated with buildings,
provide an “uplifted” work environment that supports and enhances worker productivity,
as well as the user experience.
5. SUSTAINABLE DESIGN
Definition of Sustainable Design: “Meeting the needs as a society today without
compromising the ability of future generations to meet their needs.”
Operating and maintenance costs over the typical life span of a City facility (75 plus
years) can be many times the initial capital cost of the equipment. Utilization of lifecycle
economic analysis to guide the integrated design team to the options that will produce
the greatest savings over the life of the building is essential. Functional and easily
maintained building systems with low life cycle operating costs is fundamental to
effective and efficient operation of the finished facility.
6. MISCELLANEOUS
These projects are ARPA funded and the City will be responsible for ongoing reporting.
7. HUMAN PERFORMANCE/ADA STANDARDS
Project design should create a workplace for City employees and customers that is safe
and comply with applicable current ADA Standards.
8. GOALS
Within this context, the following minimum goals have been set for the project:
a. Electrification of HVAC equipment.
b. High efficiency.
c. Reduced operation and maintenance costs.
d. Phased building automation system integration.
PROFESSIONAL SERVICES
1. DESIGN SERVICES
All the necessary design services to complete the project including the following:
a. All architectural design services.
b. All mechanical design services.
c. All structural design services.
d. All electrical design services.
e. Any civil design services as needed
f. Cost estimating
g. Construction management
SPECIAL INTERFACES
1. COMMISSIONING
The City of Fort Collins will provide the 3rd party Energy modeling and commissioning
firm and the design team will be asked to coordinate the design and construction with
these firms.
2. TESTING SERVICES
The City of Fort Collins will be responsible for all the testing services (soils, concrete,
asphalt, structural steel, environmental, etc.). It is intended for the awarded Professional
to assist in the coordination of this effort.
3. COMMUNICATION WORK
The City of Fort Collins will be responsible for all communication work (telephone and
computer cabling). It is intended the design team will assist in the coordination of this
effort.
SUBMITTAL REQUIREMENTS AND EVALUATION
Only Professional’s with the required experience and qualifications are encouraged to
submit proposals. Proposals submitted at Phase 1 shall be limited to 30 double-sided
pages (60 single-sided) not including cover pages or dividers.
DO NOT INCLUDE COST OR SCHEDULE OF RATES WITH PROPOSALS AS PART
OF PHASE 1.
1. FINANCIAL CAPABILITY
Professionals selected as finalists may be required to submit the most recent financial
statement (audited preferred) including balance sheet and income statement, as well as
a statement of cash flows (the “Financial Information”). Professionals may also be
requested to provide a banking reference (name, address and phone number).
2. FIRM CAPABILITY
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
a. Provide an Organizational 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 shall be provided in this section.
b. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the consulting services described above.
c. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Consultant
authorizes City to verify any and 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.
a. List the sub-consultant firm(s) for this Agreement, their area(s) of expertise,
and include all other applicable information herein requested for each sub-
consultant. Identify what portion of work, if any, may be sub-contracted.
d. Approaches used to cut costs when estimated costs exceed the budget.
3. EXPERIENCE WITH SUSTAINABLE DESIGN
State the team’s commitment to and experience with whole-building performance and
sustainable design. List projects completed within the past 5 years that feature
workable, cost-effective, low energy, and sustainable design strategies. Include:
a. Design team organization used for these projects
b. Description of the process used to reach final design
c. Description of the low energy, sustainable design features of each project
d. Descriptions of energy analysis technique(s) used
e. Information on commissioning and actual performance of the listed projects
f. Names, addresses and telephone numbers of project owners
4. TEAM MEMBER EXPERIENCE
Describe the level of participation in the projects listed above by key staff proposed for
this project. Provide information regarding each team member’s professional licensure.
5. UNIQUE CAPABILITIES
Describe any unique capabilities/experience the proposed key staff will bring to this
project. How will their experience benefit this project?
6. SUBCONSULTANTS
Based on the description of the work in this request, describe subconsultants that you
have working relationships with that will be used on this project.
7. BYRD ANTI-LOBBYING CERTIFICATION
Complete the Byrd Anti-Lobbying Certification attached hereto.
8. AGREEMENT COMMENTS
Design team is expected to sign the Agreement that is attached for reference. Any
exceptions to the Agreement must be stated with your submission of qualifications for
this project. The City makes no guarantees it will change the Agreement but will
consider the exceptions.
9. AVAILABLE PRODUCTS AND EQUIPMENT
List of suppliers the Professional commonly works with.
10. SCHEDULE/AVAILABILITY
The Professional is able to complete the design of the projects by August 30, 2023 and
provide construction support services through 2024.
No Concept Plans or Schematic Plans for this project will be considered in Phase 1.
The selection committee will evaluate the submitting teams’ qualifications and
experience only. The output of this phase is to select one Top Ranked Professional to go
on to Phase 2.
If an agreement can not be made between the City and the Professional during Phase 2,
the next highest ranked Professional will be engaged and requested to submit a
proposal for the project.
REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Proposals will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposal. The rating scale is from 1 to 10, with 1 being a poor
rating, 5 being an average rating, and 10 being an outstanding rating.
Weighting
Factor Criteria Standard
5.0
Firm Capability/
Experience/Assigned
Personnel
Does the firm have the capability and
experience to design and construct a
project of this type and scope? How many
similar projects did the firm submit? Does
team staff assigned to this project have
experience from past projects submitted?
3.0 Schedule/Availability
Can the target completion date 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 services
outlined for this project?
2.0 Sustainable Designs
Has the firms demonstrated they can
create a design that meets the City’s
sustainability goals?
The City reserves the right to conduct interviews and reference checks as a part of
Phase 1.
Professional Statement
Professional hereby acknowledges receipt of the City of Fort Collins Request for Qualifications
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 RFQ. 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 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. Professional acknowledge receipt of addenda and signed the Byrd Anti-Lobbying
Certification.
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: PROFESSIONAL STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR
PROPOSAL.
Official Purchasing Document
Last updated 1/2023
Professional Services Agreement – Work Order Type
9371 HVAC A&E Services Page 14 of 37
7. SAMPLE AGREEEMENT (FOR REFERENCE ONLY -DO NOT SIGN)
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , a(n) (ENTER STATE) corporation, 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 9731 HVAC Architectural & Engineering Services, issued by the
City. A blank sample of a work order is attached hereto as Exhibit A, consisting of
( ) pages and is incorporated herein by this reference. A general scope of ser-
vices is attached hereto as Exhibit C, consisting of ( ) pages 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. 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 four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties only at the time of renewal. Written
notice of renewal shall be provided to the Professional and mailed no later than thirty (30)
days prior to contract end.
3. 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 ten (10) days prior to the termi-
nation date contained in said notice unless otherwise agreed in writing by the parties. In the
event of early termination by the City, the Professional shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Professional
Official Purchasing Document
Last updated 1/2023
Professional Services Agreement – Work Order Type
9371 HVAC A&E Services Page 15 of 37
's obligations under this Agreement. Professional shall submit a final invoice within ten (10)
days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of
the date of the invoice. Such payment shall be the Professional 's sole right and remedy for
such termination.
4. 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:
Service Provider: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Stu Reeve
PO Box 580
Fort Collins, CO 80522
sreeve@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
5. Design, Project Insurance and Insurance Responsibility. The Professional shall be respon-
sible 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, re-
ports, specifications, and drawings and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies. The Professional shall in-
demnify, 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 E, consisting of one
(1) page, attached hereto and incorporated herein.
6. Compensation. In consideration of services to be performed pursuant to this Agreement,
the City agrees to pay the Professional on a time and reimbursable direct cost basis desig-
nated in Exhibit D, consisting of ( ) pages, attached hereto and incorporated
herein by this reference. At the election of the City, each Work Order may contain a maxi-
mum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly
partial payments based upon the Professional's billings and itemized statements are per-
missible. 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 to the Work Order
and upon approval of the Professional's direct 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.
Invoices shall be emailed to invoices@fcgov.com with a copy to the 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.
Official Purchasing Document
Last updated 1/2023
Professional Services Agreement – Work Order Type
9371 HVAC A&E Services Page 16 of 37
The City pays invoices on Net 30 days from the date of the invoice.
7. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by 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 no such supporting appropriation has
been made.
8. License. Upon execution of this Agreement, the Professional grants to the City an irrevoca-
ble 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 Instru-
ments 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.
9. 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 Representa-
tive.
10. 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 reproduc-
tion. "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.
11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work
Order and every thirty days thereafter, the Professional is required to provide the City Rep-
resentative with a written report of the status of the Work with respect to the Work Order,
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.
Official Purchasing Document
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Professional Services Agreement – Work Order Type
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12. 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.
13. Subcontractor/Subconsultants. The Professional may not subcontract any of the Work set
forth in the subsequent Work Orders 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/subcon-
sultant must be a reputable, qualified firm with an established record of successful perfor-
mance in its respective trade performing identical or substantially similar work, (b) the sub-
contractor/subconsultant will be required to comply with all applicable terms of this Agree-
ment, (c) the subcontract will not create any contractual relationship between any such sub-
contractor/subconsultant and the City, nor will it obligate the City to pay or see to the pay-
ment of any subcontractor/subconsultant, and (d) the Work of the subcontractor/subconsult-
ant will be subject to inspection by the City to the same extent as the Work of the Profes-
sional.
The Professional shall require all subcontractor/subconsultants 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 E, 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).
14. 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 agree-
ment for personal services. Accordingly, the Professional shall neither assign any responsi-
bilities nor delegate any duties arising under this Agreement without the prior written consent
of the City.
15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, re-
ports, and incidental work or materials furnished hereunder shall not in any way relieve the
Professional of responsibility for the quality or technical accuracy of the Work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
16. Default. Each and every term and condition hereof shall be deemed to be a material ele-
ment 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.
17. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
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or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
18. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agree-
ment, along with all Exhibits and other documents incorporated herein, shall constitute the
entire Agreement of the parties regarding this transaction. Covenants or representations
not contained in this Agreement shall not be binding on the parties. In the event of a conflict
between terms of the Agreement and any exhibit or attachment, the terms of the Agreement
shall prevail. Each person executing this Agreement affirms that they have the necessary
authority to sign on behalf of their respective party and to bind such party to the terms of
this Agreement.
19. Law/Severability. The laws of the State of Colorado shall govern the construction, interpre-
tation, execution and enforcement of this Agreement. The Parties further agree that Larimer
County District Court is the proper venue for all disputes. If the City subsequently agrees in
writing that the matter may be heard in federal court, venue will be in Denver District
Court. 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 unenforce-
able any other provision of this Agreement.
20. Utilization 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. Nothing herein shall be deemed to authorize or empower
the Agency to act as an agent for the City of Fort Collins in connection with the exercise of
any rights hereunder, and neither party shall have any right or authority to assume or create
any obligation or responsibility on behalf of the other. The other Agency shall be solely re-
sponsible for any debts, liabilities, damages, claims or expenses incurred in connection with
any agreement established between them and the Professional. The City’s concurrence
hereunder is subject to the Professional’s commitment that this authorization shall not have
a negative impact on the work to be completed for the City.
21. Prohibition Against 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 enter-
prises 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,
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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 subcontractor/subconsultants at
every tier.
22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado Gov-
ernmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law.
23. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant
to CORA.
24. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics,
incendiarism, interference by civil or military authorities, compliance with regulations or or-
ders of military authorities, and acts of war (declared or undeclared), provided such cause
could not have been reasonably foreseen and guarded against by the defaulting
Party. Force majeure shall not include increases in labor, commodity, utility, material, sup-
ply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the
extent that the performance is actually prevented, the Consultant must provide written notice
to the City of such condition within ten (10) days from the onset of such condition.
25. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting of one (1)
page, Exhibit G – ARPA Addendum, consisting of eleven (11) pages, attached hereto and
incorporated herein by this reference.
[Signature Page Follows]
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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:
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:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 9371 HVAC Architectural & Engineering
Services
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
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 ( ) page(s) are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
PROFESSIONAL: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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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: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
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 D
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal
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EXHIBIT E
INSURANCE REQUIREMENTS
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.
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.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
Professional 's general liability and automobile liability insurance policies by marking the
appropriate box or adding a statement to this effect on the certificate, for any claims arising
out of work performed under this Agreement.
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. Workers' Compensation & Employer’s Liability insurance shall conform with
statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease
each employee, or as required by Colorado law.
B. General Liability. The Professional shall maintain during the life of this Agreement such Gen-
eral Liability as will provide coverage for damage claims of personal injury, including acci-
dental 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 General Liability, shall not be less than
$1,000,000 combined single limits for bodily injury and property damage.
C. Automobile Liability. The Professional shall maintain during the life of this Agreement such
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 dam-
age shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall
not be less than $1,000,000 combined single limits for bodily injury and property damage.
D. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the
amount of $1,000,000.
In the event any work is performed by a subcontractor/subconsultant, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed under this
Agreement by a subcontractor/subconsultant, which liability is not covered by the
subcontractor/subconsultant's insurance.
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EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Professional has agreed to perform, the Professional hereby acknowledges
and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Professional shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Professional shall not use such
information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically
produced) thereof, in its possession or control or as to which it otherwise has access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT G
ARPA ADDENDUM
CONTRACTS > $7,500 NON-CONSTRUCTION
APPENDIX II: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
(A) For a Contract for more than the simplified acquisition threshold ($250,000).
Breach. Any breach of the Contract by Contractor shall be governed by the
termination and remedies provisions of the Contract. Additionally, in the event that
the City incurs damages as a result of Contractor’s breach, the City may pursue
recovery of such damages from Contractor. The City further retains the right to seek
specific performance of the Contract at any time as authorized by law. The City
further retains the right to otherwise pursue any remedies available to the City as a
result of the Contractor’s breach, including but not limited to administrative,
Contractual, or legal remedies, as well as any applicable sanctions and penalties.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations
under this Contract, the City may, at its sole discretion, exercise one or more of the
following remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Contractor to suspend
performance of all or any portion of the Work pending necessary corrective
action specified by the City and without entitling Contractor to an increase in
compensation or extension of the performance schedule. Contractor must
promptly stop performance and incurring costs upon delivery of a notice of
suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Contractor to
correct any rejected Work at the City ’s discretion. Upon City ’s request,
Contractor must correct rejected Work at Contractor’s sole expense within the
time frame established by the City. Upon completion of the corrections
satisfactory to the City, City will remit payment to Contractor.
c. Deny Payment: City may deny payment for any Work that does not comply with
the requirements of the Contract or that Contractor otherwise fails to provide or
complete, as determined by the City in its sole discretion. Upon City request,
Contractor will promptly refund any amounts prepaid by the City with respect to
such non-compliant Work.
d. Removal: Upon City ’s request, Contractor will remove any of its employees or
agents from performance of the Work, if the City, in its sole discretion, deems
any such person to be incompetent, careless, unsuitable, or otherwise
unacceptable.
(B) [All Contracts in excess of $10,000 must address termination for cause and for conven-
ience including the manner by which it will be effected and the basis of the settlement.]
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Termination.
Termination for Convenience. The City may terminate this Contract, in whole or in
part, for any reason, upon five (5) days written notice to the Contractor. In such
event, the City shall pay the Contractor its costs, including reasonable Contract
close-out costs, and profit on Work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to the City to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
City, the Contractor will account for the same, and dispose of it in a manner the City
directs.
Termination for Breach. Either Party’s failure to perform any of its material
obligations under this Contract, in whole or in part or in a timely or satisfactory
manner, will be a breach. The institution of proceedings under any bankruptcy,
insolvency, reorganization or similar law, by or against Contractor, or the
appointment of a receiver or similar officer for Contractor or any of its property,
which is not vacated or fully stayed within thirty (30) days after the institution of
such proceeding, will also constitute a breach. In the event of a breach, the non-
breaching Party may provide written notice of the breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within thirty (30) days
after delivery of notice, the non-breaching Party may exercise any of its remedies
provided under this Contract or at law, including immediate termination of the
Contract.
(C) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the definition
of “federally assisted construction Contract” in 41 CFR Part 60-1.3]
Equal Employment Opportunity. Contractor agrees to comply with the Equal
Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and
41 CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3
CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.” Contractor
further agrees to include this provision, including the Equal Opportunity Clause or a
reference thereto, in any subcontracts it enters into pursuant to the Contract.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are em-
ployed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous
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places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any em-
ployee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or an-
other employee or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other employees or ap-
plicants as a part of such employee's essential job functions discloses the compensa-
tion of such other employees or applicants to individuals who do not otherwise have
access to such information, unless such disclosure is in response to a formal com-
plaint or charge, in furtherance of an investigation, proceeding, hearing, or action, in-
cluding an investigation conducted by the employer, or is consistent with the Contrac-
tor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other Contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contrac-
tor's commitments under this section, and shall post copies of the notice in conspicu-
ous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and ac-
counts by the administering agency and the Secretary of Labor for purposes of investi-
gation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be de-
clared ineligible for further Government Contracts or federally assisted construction
Contracts in accordance with procedures authorized in Executive Order 11246 of Sep-
tember 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding para-
graph (1) and the provisions of paragraphs (1) through (8) in every subContract or pur-
chase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so
that such provisions will be binding upon each subcontractor or vendor. The Contractor
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will take such action with respect to any subContract or purchase order as the adminis-
tering agency may direct as a means of enforcing such provisions, including sanctions
for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is threat-
ened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally
assisted construction work: Provided, that if the applicant so participating is a State or
local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work
on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and rele-
vant orders of the Secretary of Labor, that it will furnish the administering agency and
the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the dis-
charge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or
Contract modification subject to Executive Order 11246 of September 24, 1965,
with a Contractor debarred from, or who has not demonstrated eligibility for,
Government Contracts and federally assisted construction Contracts pursuant
to the Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon Contractors
and subcontractors by the administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant
agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (Contract, loan, insurance,
guarantee); refrain from extending any further assistance to the applicant under
the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such
applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government Contracts and subcontracts, including
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Government bills of lading, transportation requests, Contracts for deposit of Govern-
ment funds, and Contracts for issuing and paying U.S. savings bonds and notes, and
such other Contracts and subcontracts as the Director of OFCCP may designate.
(e) Incorporation by operation of the order. By operation of the order, the equal opportunity
clause shall be considered to be a part of every Contract and subContract required by
the order and the regulations in this part to include such a clause whether or not it is
physically incorporated in such Contracts and whether or not the Contract between the
agency and the Contractor is written.
(f) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
(D) [Where applicable, all Contracts awarded by the non-Federal entity in excess of $100,000
that involve the employment of mechanics or laborers]
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Contractor
must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C.
3701-3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is
required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or Contracts for
transportation or transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (a) of this section, in the sum of $26 for each calendar
day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (a) of this section.
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c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its own
action or upon written request of an authorized representative of the Department of La-
bor withhold or cause to be withheld, from any moneys payable on account of work per-
formed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime con-
tractor shall be responsible for compliance by any subcontractor or lower tier subcontrac-
tor with the clauses set forth in paragraphs (a) through (d) of this section.
(E) [If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a)]
Rights to Inventions Made Under a Contract or Contract. For Contracts entered into
by the Contractor or the City with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the parties must
comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Contracts,” and any implementing regulations issued by
the awarding agency.
(F) [Contracts and subgrants of amounts in excess of $150,000]
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to
the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental Protec-
tion Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
(G) [For Contract awards (see 2 CFR 180.220)]
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Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests
that it is not listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, the C ontractor is required to verify that none of the Contractor’s
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
(H) [For Contracts exceeding $100,000]
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed
the required certification under the Byrd Anti-Lobbying Amendment. Contractor
attests that it has certified that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal Contract, grant or any other award covered by 31 U.S.C. 1352.
Contractor further attests that it has disclosed, and will continue to disclose, any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
CERTIFICATION
The Contractor attests that it has filed the required certification under the Byrd Anti-
Lobbying Amendment. The Contractor attests that it has certified that it will not and
has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member
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of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal Contract, grant or any other award
covered by 31 U.S.C.1352. The Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply
to this certification and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
(I) [All Contracts]
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Procurement of recovered materials (2 CFR §200.323). All parties agree to comply
with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of prod-
ucts containing recovered materials that are EPA-designated items unless the product
cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract per-
formance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(J) [All Contracts]
Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR §200.216). Contractor is prohibited from using equipment,
services, or systems that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as
part of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of
such entities).
(i) For the purpose of public safety, security of government facilities, physical security sur-
veillance of critical infrastructure, and other national security purposes, video surveil-
lance and telecommunications equipment produced by Hytera Communications Cor-
poration, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the Na-
tional Intelligence or the Director of the Federal Bureau of Investigation, reasonably
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believes to be an entity owned or controlled by, or otherwise connected to, the govern-
ment of a covered foreign country.
(K) [All Contracts]
2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to
the extent consistent with law, Contractor should, to the greatest extent practicable,
prefer the purchase, acquisition, or use of goods, products, or materials produced
in the United States (including but not limited to iron, aluminum, steel, cement, and
other manufactured products). The requirements of this section must be included in
all subawards including all Contracts and purchase orders for work or products
under this award.
(L) [All Contracts]
2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises,
and Labor Surplus Area Firms. The City will take affirmative steps to solicit and
include small, minority, and women-owned businesses when possible in an effort to
encourage participation and fair competition in providing supplies/services
described in this solicitation. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such
affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's busi-
ness enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage par-
ticipation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the De-
partment of Commerce.
If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure
that minority businesses, women’s business enterprises, and labor surplus area firms are
used as required by 2 C.F.R. § 200.321.
(M) Bid Protest Procedures
City of Fort Collins Bid Protest Procedures. The City of Fort Collins has a protest
procedure covering any phase of solicitation or award, including but not limited to
specification or award. The protest procedures are available from the Purchasing
Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort
Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
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(N) Title VI of the Civil Rights Act of 1964 - The sub-grantee, contractor, subcontractor, suc-
cessor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,
which prohibits recipients of federal financial assistance from excluding from a program or
activity, denying benefits of, or otherwise discriminating against a person on the basis of
race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Depart-
ment of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated
by reference and made a part of this contract (or agreement). Title VI also includes protec-
tion to persons with “Limited English Proficiency” in any program or activity receiving fed-
eral financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of
the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this contract or agreement.
(O) Increasing Seat Belt Use in the United States – Pursuant to Executive Order 13043, 62
FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-
the-job seat belt policies and programs for their employees when operating company-
owned, rented, or personally owned vehicles.
(P) Reducing Text Messaging While Driving – Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and the City has estab-
lished workplace safety policies to decrease accidents caused by distracted drivers.
(Q) Publications – Any publications produced under this contract or agreement must display
the following language: “This project is being supported, in whole or in part, by federal
award number 21.019 awarded to the City of Fort Collins by the U.S. Department of the
Treasury.”