HomeMy WebLinkAboutRFQ - 9732 OWNER'S REPRESENTATIVE PROJECT MANAGEMENT SERVICES
RFQ 9732 Owners Representative
Project Management Services
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REQUEST FOR QUALIFICATIONS
RFQ 9732 Owner’s Representative Project
Management Services
RFP DUE: 3:00 PM MT (Mountain Time), May 19th,
2023
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
The City of Fort Collins is requesting proposals from qualified firms to provide Project
Management and Owner’s Representative services on an as-needed basis for the City. Because
this solicitation will be used for Federally or American Recovery Plan Act funded projects,
proposals must NOT include pricing.
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.
A pre-proposal meeting will be held at 2:00PM MT, on April, 26, 2023, via Zoom. Please
use the following link if you would plan to attend:
Topic: Pre-Proposal Meeting - 9732 Owners Representative Project Management Services
Time: Apr 26, 2023 02:00 PM Mountain Time (US and Canada)
Join Zoom Meeting
https://us02web.zoom.us/j/88089538082?pwd=Y09LUHFZOHZ6ZWNWYm5tQ2svVHQ4Zz09
Meeting ID: 880 8953 8082
Passcode: 969078
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RFQ 9732 Owners Representative
Project Management Services
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Meeting ID: 880 8953 8082
Passcode: 969078
Find your local number: https://us02web.zoom.us/u/kc5RvMwV56
All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at
jrector@fcgov.com no later than 3:00 PM MT on May 4, 2023. Please format your e-mail to
include: RFP 9732 Owner’s Representative Project Management 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):
92544 General Construction: Management, Scheduling, Cost Estimation
95826 Construction Management Services
95877 Project Management Services
96156 Program/Project Development and Management Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminat ed
against on the grounds of race, color, or national origin in consideration for an award.
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Project Management Services
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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 Professional’s 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 Professional’s 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. Professional’s may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professional’s 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, Professional 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.
Professional’s Registration: The City requires new Professional’s receiving awards from the
City to submit IRS form W-9 or W-8BEN/W8- BEN-E (international firms) and requires all
Professional’s 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 at
www.fcgov.com/purchasing 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.
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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 Professional’s shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFQ 9732 Owners Representative
Project Management Services
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Professionals to
provide cradle to grave Owner’s Representative Project Management Services on an as-
needed basis for the City. This Request for Qualifications (“RFQ”) is intended to identify
and award to one Professional. The agreement will be a Professional Services Work
Order based agreement. Combined annual Work Orders will not exceed $200,000.00
under the agreement.
Examples of the types of projects to support or manage may be requested:
• Local Tax Funded Project/Construction Management Services on City related projects
• Federally/ARPA Funded Project/Construction Management Services on City related
projects
• Federally/ARPA Funded HVAC Retrofit Projects
Because this solicitation will be used for Federally or American Recovery Plan Act
funded projects, proposals must NOT include pricing. The City will follow Brooks Act
procedures and negotiate direct labor and overhead with the most qualified Professional.
Please submit information regarding any experience you have with federal projects.
Disadvantaged Business Enterprise (DBE) participation may be required on federally
funded projects.
B. Background
Fort Collins is a vibrant community of approximately 168,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 57 square miles
in size and is the northern extension of the “Colorado Front Range” urban corridor. The
City’s population includes over 37,000 college students.
Operation Services is a department within the City of Fort Collins organization, that
oversees facility maintenance, project development and project management for new
construction and major renovations. This department is responsible for all construction
associated with vertical building construction projects.
C. City Agreement Requirements
The City intends to award a Professional Services Agreement Work Order Type similar to
Section VII attached hereto. The initial term of the Agreement will be for one (1) year and
may be extended for additional one (1) year periods not to exceed four (4) additional one
year periods for a total of five (5) years.
The City reserves the right to request proposals for individual Work Order assignments
from the awarded Contractors or assign Work Orders directly to a Contractor at its sole
discretion. Each quote shall utilize the hourly/unit rate pricing incorporated into the
Services Agreement. Work Orders awarded from this RFP will be awarded on a not to
exceed time & materials basis. There are no guaranteed minimum number of services to
be ordered through this RFP.
Work Orders will be created for each individual project, and we anticipate the award to be
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from start to finish, with no phasing, but may be modified if the City feels it is in their best
interest. See the Work Order section below for more detail.
The awarded Professional will be responsible for the total professional management of
quality, technical accuracy, and the coordination of all services needed in order to provide
a complete project per the City’s capital project manual, see Attachment 1 for reference.
II. SCOPE OF PROPOSAL
A. Scope of Work
The City is seeking a Professional to support a wide range of services for City projects.
During the term of this contract, the City may have projects that are scheduled and pre‐
arranged, but there may also be unanticipated requests needing immediate response.
Professional’s capable of demonstrating the necessary qualifications would have the
ability to successfully deliver in areas such as:
• Project management
• Pre-construction related development & design activities
• Project budgeting
• Project contracting
• QA/QC management and coordination Cost/schedule management
• Subcontractor management
• Construction management
• Construction oversight
• Project Development and Permitting
• Environmental regulatory oversight
• Grant administration and reporting
• Coordination with Real estate services for Land purchases, easements, Right of Way
and possible condo establishments.
• Coordination of Energy Modeling and building system Commissioning
• Sustainability/LEED oversight and coordination
• Coordinate separate Owner contracted third party consultants for material testing, and
specific site inspections for materials, ADA and system installations.
• Overall full project delivery from cradle to grave
• Certified Payroll Management
The specific responsibilities that might be required for each project include but are not limited
to:
• Add value to the project by acting in a professional and ethical manner.
• Develop a full understanding of the project goals and objectives to include technical
review of project drawings and specifications and pre-construction reports.
• Develop a fully comprehensive Project Management Plan which is in line with and
supports the City’s Capital Projects Procedures Manual. See attached.
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• The Professional shall utilize a fully comprehensive project management software
program to manage and document the project with powerful features that track every
task and aspect of a highly complicated project with a challenging budget. City is looking
to bring Procore in as our project management software. If this happens the owner’s
representative shall use this software.
• Assist the City of Fort Collins and serve as City of Fort Collins Owner’s Representative
in all phases of project delivery. Representation shall always be in the presence of the
City of Fort Collins, no other type of communication/collaboration/negotiations/decisions
shall be conducted.
• Review contracts between the Contractor and selected vendors and the City for services
to be performed per the general conditions, special conditions and Design and
Construction standards. When necessary, notify the City upon enforcement of contract
terms or conditions are not being met of if any revisions would be required to protect
the interest of the project and the City.
• Coordinate and document project scheduling related to full scheduling management,
breakdown structure, critical paths, long lead items, and/or related schedule or tools.
• Coordinate and document any Construction Team request for changes to project,
response from Design Team, and all approved / denied requests for changes.
• Document management and control of all construction and construction administration
documents, correspondence, as-builds, operating & maintenance manuals, LEED
certification, and all commissioning activities of all start-up equipment/systems.
• Submittal review; ensure Contractor is submitting appropriate documentation and
record-keeping. Maintain submittal log compliance and review 3 week look ahead
schedule of submittals. Transmit the submittal to the A/E for review and approval. Track
all submittal from initiation to completion. Coordinate all submittals with the project
schedule and ensure compliance. Notify the Project Team if any submittal has
scheduling potentials. Professional will not have approval authority of submittals.
• Attend, and/or conduct, weekly construction meetings with Contractor, A/E, City and
major subcontractors as applicable on site.
• Ensure all permits are procured and the applicant is in compliance with all permitting
requirements.
• Ensure all federal, state, and local requirements are satisfied.
• Perform on-site inspections for quality of workmanship, quality of materials, conformity
with plans and specification and QA/QC discussions, code compliance, on-site safety,
project schedule vs progress, and general progress of the construction project as a
whole. Coordinate with the contractor on their hazard analysis safety plan and make
certain it is updated properly.
• Coordinate third party QA/QC and onsite observation/third party inspections and provide
supporting documentation.
• Act as the liaison between the ongoing operations by City and the contractors
construction activities.
• Review all test reports as required to be performed by the Contractor for compliance
with specifications and test reports are comprehensive and properly documented.
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• Review all pay applications and verify that the schedule of values matches their
contract, representative of materials delivered on site and work as considered
completed to date. Make recommendations / acceptance to Project Manager for
approvals/revision requests. Professional will not have approval authority of pay
applications.
• Provide full project documentation management and control including all construction
and construction administration documents, correspondence, as-builts, LEED
certification, full commissioning, close-out documentation, warranties, etc. regardless of
format. All documentation must be in electronic format and provided to the City at project
completion/acceptance. The City shall have full ownership of all electronic data
documents and correspondence.
• All data documented by the Professional will be subject to open records requirements.
B. Minimum Qualifications
• Required: 7-10 years of vertical Construction and/or HVAC Project management
experience.
• Preferred: Project Management Professional (PMP) Certification
C. Deliverables/Milestones
The City will be posting ITB’s for five (5) projects in quarter 4 of 2023. The goal is for those
projects to be completed by the end of 2024.
The awarded Professional’s services would begin as part of the ITB process in quarter 4 of
2023.
D. Request for Qualifications Process
The selection process will be completed in two phases:
Phase I: Selection by Qualifications
As part of this RFQ, the City may select the top ranked Professional(s) based on the
team’s evaluations of the qualifications and experience as outlined in the Professional’s
proposal. The City may interview the top two or three firms to determine who is finalist for
Phase 2.
Phase 2: Selection of the Owner’s Representative Project Management Professional
The City will request the top Professional to provide Cost and Work Hour rates. The Cost
and Work Hours will be subject to negotiation and mutual agreement. The negotiated
rates will be incorporated into the agreement and will remain firm for one calendar year
from the date of the Services Agreement. In the event the parties are unsuccessful
negotiating mutually acceptable rates, the City will engage the second highest rated firm
to negotiate acceptable rates.
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E. SCHEDULE
Phase 1 - Schedule DATE
RFQ Issued April 20, 2023
RFQ Pre-Proposal Meeting (Zoom) 2:00PM MT April 26, 2023
Questions Due 3:00PM MT May 4, 2023
Proposals Due 3:00PM MT May 19, 2023
Interviews (If Applicable) Week of May 22, 2023
Select Top Ranked Professional (Tentative) May 2023
Phase 2 – Schedule DATE
Proposal From Top Ranked Professional Due June 8, 2023
F. Interviews
In addition to submitting a written proposal, the top-rated Professional’s 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 project management 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.
G. Subcontractors/Subconsultants
Professional’s 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’s; therefore, subcontractors and/or subconsultants will be the responsibility
of the Professional’s.
H. Financial Qualifications (CONFIDENTIAL)
Professional’s selected as finalists may be required to submit a banking reference and the
most recent financial statement (audited preferred) including balance sheet and income
statement, as well as a statement of cash flows (the “Financial Information”).
I. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
J. Fees, Licenses, Permits
The successful Professional’s 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.
K. Laws and Regulations
The Professional’s agree to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include the American Disabilities
Act (ADA). The Professional’s further agree to comply fully with the Occupational Safety
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and Health Act, all regulations issued there under, and all state laws and regulations
enacted and adopted pursuant thereto.
L. Work Orders
The awarded Professional’s will be required to sign the City’s Agreement, a sample of
which is attached as Section VI for reference purposes. The City reserves the right to
request proposals for individual Work Order assignments from the awarded Professional
or assign Work Orders directly to a Professional at its sole discretion.
Each project will utilize the City’s Work Order (included in the Agreement), which refers
back to Service Agreement terms and conditions Each Work Order will include a start and
completion date, total cost and a Scope of Work. Subsequent supporting documentation
pages may include a project schedule, deliverables, hours, cost detail supporting total
cost, and personnel details. No Work Order will be considered valid until signed, at a
minimum, by the Professional’s, project manager and Purchasing Department
representative. Depending on the cost and nature of the Work, additional signature
authorization may be required. Any changes to the dates, cost or scope of any Work Order
must be agreed upon in writing utilizing the City’s Change Order (included in the
Agreement) and will not be considered valid until signed, at a minimum, by the
Professional, project manager, and Purchasing Department representative.
M. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the 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. 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 to be added via a Change
Order prior to the Professional initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of forty (40) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgment 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.
Professional is required to provide detailed written responses to the following items in the order
outlined below. The responses shall be considered technical offers of what the Professional
proposes 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
Professional’s include each of the City’s questions with their response.
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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 firm’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 firm 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 the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
3. Include a description of the software and other analysis tools to be used.
4. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Consultant.
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. The résumés shall include at least three individual references from
previous assignments.
3. A list of qualifications for your firm and qualifications and experience of the specific staff
members proposed to perform the services described above.
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4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed to
work on this project. If your firm has worked with the City, it is preferred that references
are from two separate non-City owners (the third reference may be from the City).
Include the owner’s 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.
5. Provide any information that distinguishes Professional from its competition and any
additional information applicable to this RFP that might be valuable in assessing the
Professional’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your firm’s commitment to
sustainability and supporting values.
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 Consultant.
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. Sample Agreement
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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.
G. Acknowledgment
The Acknowledgment form is attached as Section VII. 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 the terms, conditions and other provisions set forth in the RFP.
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IV. 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
4.0
Firm Capability/
Experience/Assigned
Personnel
Does the firm have the capability and
experience to manage 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 with the
complete project manage
requirements?
3.0 Schedule/Availability
Does the Professional have the
capacity to meet the City’s project
management needs? 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 our projects?
3.0
Sustainability/Sustainable
project management
Experience
Has the firms demonstrated they can
create a project management format
that meets the City’s sustainability
goals?
The City reserves the right to conduct interviews and reference checks as a part of Phase 1.
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V. ACKNOWLEDGMENT & BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
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 9732 Owners Representative Project Management
Services 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. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Professional hereby waives any
and all claims for damages against the City for the City’s good faith compliance with CORA.
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:
RFQ 9732 Owners Representative
Project Management Services
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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 t o 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. 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
NOTE: ACKNOWLEDGMENT AND BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER 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 9732 Owners Representative Project Management Services, issued
by the City. A blank sample of a work order is attached hereto as Exhibit A, consisting of
one (1) page and is incorporated herein by this reference. A general scope of services 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
termination 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
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Professional '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
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to
designs, plans, reports, specifications, and drawings and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
The Professional shall indemnify, save and hold harmless the City its officers and
employees, in accordance with Colorado law, from all damages whatsoever claimed by third
parties against the City and for the City's costs and reasonable att orney’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
designated 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 maximum 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 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 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
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available upon written request.
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
irrevocable license to use any and all sketches, drawings, specifications, designs,
blueprints, data files, calculations, studies, analysis, renderings, models and other Work
Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding to
the project, provided that the City substantially performs its obligations under the
Agreement. The license granted hereunder permits the City and third parties reasonably
authorized by the City to reproduce applicable portions of the Instruments of Service for use
in performing services or construction for the project. In addition, the license granted
hereunder shall permit the City and third parties reasonably authorized by the City to
reproduce and utilize the Instruments of Service for similar projects, provided however, in
such event the Professional shall not be held responsible for the design to the extent the
City deviates from the Instruments of Service. This license shall survive termination of the
Agreement by default or otherwise.
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
Representative.
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
reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established City standard. The Professional
acknowledges the City is a governmental entity subject to the Colorado Open Records Act,
C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may
be considered public records subject to disclosure under the CORA.
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
Representative 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
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report may, at the option of the City, suspend the processing of any partial payment request.
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/subconsultant 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/subconsultant 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/subconsultant and the City, nor will it obligate the City to pay or see
to the payment of any subcontractor/subconsultant, and (d) the Work of the
subcontractor/subconsultant 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 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 C, 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
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.
15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the 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 element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default.
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
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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. 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
Agreement, 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,
interpretation, 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 unenforceable 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
responsible 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
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.
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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 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
Governmental 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
orders 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,
supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Professional 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 – Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards, consisting of ten (10) 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: 9372 Owners Representative Project
Management 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 General
Liability as will provide coverage for damage claims of personal injury, including accidental death,
as well as for claims for property damage, which may arise directly or indirectly from the
performance of work under this Agreement. Coverage for property damage shall be on a "broad
form" basis. The amount of insurance for 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 damage 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
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 convenience
including the manner by which it will be effected and the basis of the settlement.]
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.
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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 employed, 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 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 employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another
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 applicants as a part
of such employee's essential job functions discloses the compensation of such other
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employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Contractor'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 Contractor's
commitments under this section, and shall post copies of the notice in conspicuous 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 accounts by the
administering agency and the Secretary of Labor for purposes of investigation 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 declared ineligible
for further Government Contracts or federally assisted construction Contracts in accordance
with procedures authorized in Executive Order 11246 of September 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 paragraph (1)
and the provisions of paragraphs (1) through (8) in every subContract or purchase 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 will take such action with
respect to any subContract or purchase order as the administering 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 threatened
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.
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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 relevant 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 discharge 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 Government
bills of lading, transportation requests, Contracts for deposit of Government 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
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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.
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 Labor withhold
or cause to be withheld, from any moneys payable on account of work performed 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 contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor 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
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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 Protection 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)]
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 Contractor 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]
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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 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
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and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
(I) [All Contracts]
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 products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired:
• Competitively within a timeframe providing for compliance with the contract
performance 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
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
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Corporation, 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 National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government 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 business
enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation 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 Department
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
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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.
(N) Title VI of the Civil Rights Act of 1964 - The sub-grantee, contractor, subcontractor,
successor, 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 Department 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 protection to persons with
“Limited English Proficiency” in any program or activity receiving federal 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 established 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.”