HomeMy WebLinkAboutRFP - 9878 CONSULTANT SERVICES - SMART GRID ELECTRIC VEHICLE (EV) CHARGE MANAGEMENTRFP 9878 Consultant Services - Smart Grid Electric Vehicle (EV) Charge Management Page 1 of 42
REQUEST FOR PROPOSAL
9878 CONSULTANT SERVICES - SMART GRID ELECTRIC VEHICLE (EV) CHARGE
MANAGEMENT
RFP DUE: 3:00 PM MT (Mountain Time), December 8th, 2023
The City of Fort Collins is requesting proposals from qualified Professionals to provide consultant
services for smart grid electric vehicle (EV) charge management program.
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 10:00 AM MT on November 16, 2023. The pre-
proposal meeting will be hosted on-line via Zoom. Select or copy/paste the below link into your
browser for access to the meeting. Please be prepared to announce your name and mute your
microphone:
Topic: Pre-Proposal Meeting - 9878 RFP (F) Consultant Services - Smart Grid Electric Vehicle
(EV) Charge Management
Time: Nov 16, 2023 10:00 AM Mountain Time (US and Canada)
Join Zoom Meeting
https://us02web.zoom.us/j/87807123527?pwd=QXl5VGxGSmtXTlo3dU9CQzVvNEoydz09
Meeting ID: 878 0712 3527
Passcode: 424923
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Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9878 Consultant Services - Smart Grid Electric Vehicle (EV) Charge Management Page 2 of 42
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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 November 22, 2023. Please format your e-
mail to include: RFP 9878 Consultant Services - Smart Grid Electric Vehicle (EV) Charge
Management 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):
91800 Consulting 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 discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
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Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Professionals Registration: The City requires new Professionals receiving awards from the City
to submit IRS form W-9 and requires all Professionals to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website 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.
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 shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
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Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Professional to provide
consultant services - smart grid electric vehicle (EV) charge management.
B. Background
In 2023, the City of Fort Collins was awarded a SMART grant from Colorado Division of
Transportation to assist in meeting the needs of the community to effectively expand its
electric vehicle charging infrastructure.
As part of that award, the City has partnered with PANASONIC to utilize and pilot
PANASONIC’s eFleet Solution of America (PEFSA) software. The software is a vendor
agnostic tool, meaning that it can communicate with Electric Vehicle Supply Equipment
(EVSE) from a variety of manufacturers. This will empower the City to select the Electric
Vehicle Suitability Assessment (EVSA) that best suits the budget and operational needs,
without the concern of being locked-in to certain OEMs or operations and maintenance
challenges.
The PEFSA is a tool for use by both fleet operators and electric utilities to manage
charging in a way that ensures maximum Electric Vehicle Supply Equipment (EVSA)
choice, cost-effectiveness, interoperability, vendor agnosticism, open standards, and
data collection. This approach will minimize the City’s total cost of ownership (TCO) of
EVs while simultaneously benefiting electric grid operations.
Piloting the PEFSA software is fundamental to the SMART grant awarded the City.
II. SCOPE OF PROPOSAL
A. Scope of Work
Audit, Admin, and Project Management:
Activities: Project Evaluation and Data Management Plan preparation.
• Awarded Consultant will be assisted by PANASONIC by sharing data collected on
charging and utility operations following the Data Management Plan.
Deliverables:
• Report containing findings from audit activities that captures the current state of charging
assets and infrastructure capabilities of charging locations within the City (approximate
delivery: (JUNE 2024).
• Participate in requested meetings and provide data as required by data management plan.
• Prepare Evaluation and Data Management Plan in accordance with SMART Grant
reporting guidance that will be submitted on December 15th, 2023.
Develop Fleet Electrification Standards Framework/Phased Master Plan
Activities:
• Conduct assessment of current fleet and suitability for electrification – Zero Emissions
Vehicle (ZEV) Fleet Evaluation.
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o Collect current fleet data (OEM, vehicle type, model year, expected life, annual
mileage/hours, purchase cost, etc.).
o Evaluate currently available and expected future replacement vehicles and
associated charging needs to support EV Charger selection and Phase Master
Plan; establish estimated timeline for vehicle replacements (in compliance with
City of Fort Collins zero-emission goals).
o Determine charging requirements necessary to support fleet electrification;
identify proper type and quantity of chargers necessary to support transition to
ZEVs over time.
• City fleet charging framework and implementation master plan.
o Detail recommendations for most efficient and effective charger hardware to
use, development of charger specifications (including connectivity
requirements), and requirement for future purchases.
o Develop maintenance plan for EV Chargers.
o Identify needed upgrades to make current chargers meet identified standards
or recommendation for complete replacement (Including access control
protocol to allow for only authorized vehicles).
o Develop, in partnership with PANASONIC, estimated costs to implement the
rollout of future charging master plan by phase.
o Develop, in partnership with PANASONIC, estimated costs to implement the
rollout of future charging master plan by phase. Including, factors such as, ease
of implementation, accessibility, future needs, indoor/outdoor, etc.
o Provide a recommendation to when a Charger should be on its own meter or
sub meter, give current or future conditions. This would be based on rates,
costs and maintenance and other factors.
o Complete Electric (Transformer / Service panel, etc) capacity needs by facility.
• PANASONIC: Provide technical input to City fleet charging master plan.
o PANASONIC will provide recommendations to awarded Consultant for
determining most efficient and effective charger hardware to use, development
of charger specifications (including connectivity requirements), and
requirement for future purchases.
o PANASONIC will provide recommendations to awarded Consultant to identify
needed upgrades to make currently chargers meet identified standards or
recommendation for complete replacement (Including access control protocol
to allow for only authorized vehicles).
o Assist with analysis of capacity needs utilizing data collected during initial audit.
o Compliance with 2 CFR 200 procurement standards including Domestic
Preference.
Deliverables:
• Prepare ZEV Fleet Evaluation.
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• Prepare City fleet charging framework and implementation master plan summarizing
findings from activities listed above.
o Draft Implementation Plan to be delivered to the City by June 31, 2024.
o Final Implementation Plan by March 1, 2025
• Participate in requested meetings for data sharing purposes and provide data and content
for the EV Charger Selection and Installation Plan with the City and PANASONIC.
EV Charger Software
Activities:
• Conduct audit of PANASONIC charging management solution which consists of:
• Study feasibility of PEFSA integration with IntelliSOURCE DERMS or other desired
DERMS system.
• Configure PEFSA to utilize City OpenADR system to manage charging for
coincident peak events.
• Configure identified chargers to utilize PEFSA OCPP endpoint.
o Work with City to mutually agree on plan for chargers and sites to utilize for
deployment.
• Conduct assessment of City’s current charge management software provider prior
to installation of PEFSA and identify gaps of existing capabilities and current and
future city needs.
• Study how to utilize software to ensure on-time performance of fleet EVs and
optimize charging for vehicle battery health.
• Training for city staff on how to use PEFSA system.
• Conduct feedback studies to better understand challenges of managing charging.
• Software licenses as defined in the Order Sheet – Order sheet to contain length
and number of licenses/maintenance and support agreements, etc.
Deliverables: Deliverables from PANASONIC below to be incorporated in City fleet charging
framework and implementation master plan.
• Prepare a technical memo on feasibility of PEFSA integration with IntelliSOURCE
DERMS (approximate delivery: October 2024).
• Prepare a technical memo detailing findings of City’s current charge management
software (Approximate delivery: Jan/Feb 2024).
• Up to five 2-hour training sessions for city staff (Approximate delivery: May/June 2024).
• Prepare a technical memo detailing discovered challenges of managed charging for
city fleet vehicles (Approximate delivery: November 2024).
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• Prepare a technical memo detailing recommendations of how software can ensure on-
time performance of fleet EVs and optimize vehicle battery health (Approximate
delivery: November 2024).
B. Milestones
Implementation plan to be delivered to the City by end of June 2024.
C. Minimum Qualifications
Minimum of three (3) references providing similar professional consulting services to other
state or local government municipalities/agencies.
D. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: November 8, 2023
• Pre-Proposal Meeting: 10:00 AM MT on November 16, 2023
• Question deadline: 3:00 PM MT on November 22, 2023
• Proposal due date: 3:00 PM MT on December 8, 2023
• Interviews (tentative): Week of December 18, 2023
• Award of Contract (tentative): December 2023
E. Interviews
In addition to submitting a written proposal, the top-rated Professionals may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the optional interview phase of the assessment process. The City will receive and score
written proposals. However, instead of traditional in-person interviews for the optional
interview session, the City may opt to use alternate methods including, but not limited to
remote interviews through a platform such as Microsoft Teams or Zoom.
F. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Professional will be required to
provide original receipts to the City for all travel expenses.
G. Subcontractors/Subconsultants
Professional will be responsible for identifying any subcontractors and/or subconsultants
in their proposal. Please note that the City will contract solely with the awarded
Professional; therefore, subcontractors and/or subconsultants will be the responsibility of
the Professional.
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H. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
I. Fees, Licenses, Permits
The successful Professional shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
J. Laws and Regulations
The Professional agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include American Disabilities
Act (ADA).
K. Work Orders
The awarded Professional(s) will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section VI for reference purposes. In the
event that the City has agreements with multiple Professionals for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Professionals or assign Work Orders directly to a Professional at its sole
discretion. Selection for individual Work Orders may be based on, but not limited to,
availability, approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must 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. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Professional, 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.
L. 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.
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Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Professional and the City will negotiate an appropriate unit price for the service prior to the
Professional initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Professionals are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what
Professionals propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Professional Information
1. Describe the Professional’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
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1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Professional.
7. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Provide an outline of the schedule for completing tasks.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. 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.
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. 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
Professional’s proposal.
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E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’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 Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Professional. The Professional is required to review
this Agreement and indicate any objections to the terms of the contract. If revisions to the
contractual terms are requested, provide suggested revisions.
G. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
fully bound by all of the terms, conditions and other provisions set forth in the RFP.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Can the work be completed in
the necessary time? Can the target start and
completion dates be met? Are other qualified
personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
5.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
2.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
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economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
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V. ACKNOWLEDGEMENT
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 9878 Consultant Services – Smart Grid Electric Vehicle
Charge Management and sample Agreement except as otherwise noted. Additionally,
Professional hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Professional’s knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Professional acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
RFP 9878 Consultant Services - Smart Grid Electric Vehicle (EV) Charge Management Page 16 of 42
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER 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 9878 Consultant Services – Smart Grid Electric Charge
Management, issued by the City. A blank sample of a work order is attached hereto as
Exhibit A, consisting of ( ) pages and is incorporated herein by this reference.
A general scope of 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 ( ) pages and incorporated
herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall be
performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of
the essence. Any extensions of any time limit must be agreed upon in writing by the parties
hereto.
4. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed 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
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notice of renewal shall be provided to the Professional and mailed no later than thirty (30)
days prior to contract end.
5. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Professional. Such notice shall be delivered at least 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
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.
6. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Professional: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Tracy Ochsner
PO Box 580
Fort Collins, CO 80522
tochsner@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
7. 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 attorney’s fees arising
directly or indirectly out of the Professional's negligent performance of any of the services
furnished under this Agreement. The Professional shall maintain insurance in accordance
with Exhibit , consisting of ( ) pages, attached hereto and incorporated
herein.
8. 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 , 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
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the Professional's City-verified progress in completing the services to be performed
pursuant to the Work Order and upon approval of the Professional's direct reimbursable
expenses. Final payment shall be made following acceptance of the Work by the City. Upon
final payment, all designs, plans, reports, specifications, drawings, and other services
rendered by the Professional shall become the sole property of the City.
Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The
cost of the work completed shall be paid to the Professional following the submittal of a
correct itemized invoice by the Professional. The City is exempt from sales and use tax. The
City’s Certificate of Exemption license number is 09804502. A copy of the license is
available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
9. 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 Co de 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.
10. 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.
11. 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.
12. 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
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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.
13. 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
report may, at the option of the City, suspend the processing of any partial payment request.
14. 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.
15. 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 , consisting of
( ) pages 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).
16. Personal Services. It is understood that the City enters into this Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
17. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
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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.
18. 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.
19. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail 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.
20. 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.
21. 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.
22. 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
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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.
23. 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.
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.
24. 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.
25. 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.
26. 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,
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supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To
the extent that the performance is actually prevented, the Consultant must provide written
notice to the City of such condition within ten (10) days from the onset of such condition.
27. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of
( ) pages, Exhibit _____ - ARPA ADDENDUM, consisting of eleven (11) pages,
attached hereto and incorporated herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL'S NAME
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 9878 Consultant Services – Smart Grid
Electric Vehicle Charge Management
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
COMPENSATION SCHEDULE
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
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
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 par ty, 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 ___
ARPA ADDENDUM
CONTRACTS > $7,500 NON-CONSTRUCTION
VII. APPENDIX II: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
VIII.
(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
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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.
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:
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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 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
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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.
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
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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 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
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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 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)]
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Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests
that it is not listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, the C ontractor is required to verify that none of the Contractor’s
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
(H) [For Contracts exceeding $100,000]
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed
the required certification under the Byrd Anti-Lobbying Amendment. Contractor
attests that it has certified that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal Contract, grant or any other award covered by 31 U.S.C. 1352.
Contractor further attests that it has disclosed, and will continue to disclose, any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
CERTIFICATION
The Contractor attests that it has filed the required certification under the Byrd Anti-
Lobbying Amendment. The Contractor attests that it has certified that it will not and
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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 and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
(I) [All Contracts]
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Procurement of recovered materials (2 CFR §200.323). All parties agree to comply
with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of
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
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
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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
City of Fort Collins Bid Protest Procedures. The City of Fort Collins has a protest
procedure covering any phase of solicitation or award, including but not limited to
specification or award. The protest procedures are available from the Purchasing
Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort
Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
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(N) Title VI of the Civil Rights Act of 1964 - The sub-grantee, contractor, subcontractor,
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.”