HomeMy WebLinkAboutRFP - 10021 Land Use Code UpdatesRFP 10021 LAND USE CODE UPDATES Page 1 of 50
REQUEST FOR PROPOSAL
10021 LAND USE CODE UPDATES
RFP DUE: 3:00 PM MT (Mountain Time), July 26, 2024
The City of Fort Collins is requesting proposals from qualified Professionals to collaboratively draft
and support City Land Use Code (LUC) reorganization and adoption of commercial and mixed-
use corridor changes as recommended in the Land Use Code Audit (2020) and the City’s recently
updated policy documents.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Dennis Ralph, Senior Buyer at
dralph@fcgov.com, with a copy to Project Managers Megan Keith at mkeith@fcgov.com ,
and Sylvia Tatman-Burruss at statman-burruss@fcgov.com, no later than 3:00 PM MT on
July 10. Please format your e-mail to include: RFP 10021 LAND USE CODE UPDATES 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): 91827 Community Development Consulting
91832 Consulting Services (Not Otherwise Classified)
91863 Housing Consulting
91889 Real Estate/Land Consulting (Including Land Survey Consulting)
91892 Urban Planning Consulting
96194 Zoning, Land Use Studies
91858 Governmental Consulting
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10021 LAND USE CODE UPDATES Page 2 of 50
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
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.
RFP 10021 LAND USE CODE UPDATES Page 3 of 50
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10021 LAND USE CODE UPDATES Page 4 of 50
I. INTRODUCTION
Beginning in summer of 2021, City staff began Phase 1 of the Land Use Code (LUC) update.
Phase 1 primarily focused on housing related updates, reorganization, and moving to visual
representations of code standards, away from a fully text-based code. While Phase 2 will focus
primarily on commercial and mixed-used corridors, housing-related policies are still relevant to
incorporate, especially in mixed-use districts. Recommendations for housing-related code updates
in mixed-use districts can be found in the Land Use Code Audit and Land Use Code Diagnostic
Report linked below.
As mentioned above, the intended scope of the Phase 2 updates to the LUC will be the City’s
commercial and mixed-use corridors. Commercial and mixed-use corridors in Fort Collins are
dynamic spaces that encompass a large variety of uses, building types, and occur in a variety of
contexts. These commercial and mixed-use corridors are the places within Fort Collins most able
to accommodate transit-supportive development along existing and future high-frequency transit
corridors. The City’s adopted policy documents envision a shift to active mode trips and “complete
neighborhoods” where the community can access daily needs and services from their homes.
Updates to the LUC are needed to achieve these desired outcomes as development and
redevelopment in these areas occurs in the future.
Another intended focus area of the Phase 2 LUC updates is an examination of existing
development standards as well as the process and procedures of the City’s development review
process. This will include a focus on ensuring that small businesses, - generally defined in Fort
Collins as having between 0 and 50 employees - have access to the tools and resources needed
to succeed, particularly as it relates to navigating the City’s development review process. This is
further elaborated under the Proposed Work Streams section of this RFP. City staff intends that
this update can help achieve better alignment between the LUC and the City’s recently updated
policy documents. The policy direction contained within City Plan, as well as the follow-up 2020
Land Use Code Audit, and the 2022 Land Use Code Diagnostic Report contain recommended
updates and key strategies for potential updates to the LUC. In addition to the aforementioned
documents, Phase 2 updates to the LUC are also expected to consider and incorporate guidance
contained within the plans and policy documents found on page 9 in the Background section of
this document.
The City is requesting proposals from qualified consultants (Professionals) to take the next step in
analyzing, drafting, and adoption of recommended Land Use Code changes. The anticipated
period of performance for this project is approximately one year, September 2024 – September
2025.
II. PURPOSE AND GOALS
As mentioned, the 2020 Land Use Code Audit and the 2022 Land Use Code Diagnostic Report
highlighted some of the barriers within the LUC related to development standards, review
procedures, zone district and City Plan alignment, amongst other limitations. The code should be
an instrument to achieve the outcomes as envisioned in the City’s policy documents and not a
hindrance to meeting the needs and desires of our community.
Findings within the LUC Diagnostic Report as well as the LUC Audit highlight that the current LUC
does not support future place types as identified in City Plan, nor does it support compatible infill.
The existing code makes it challenging to develop and redevelop infill buildings that fit in context
sensitive ways. Another key related finding is that the current code does not adequately focus or
prioritize predictable form and instead is overly focused on regulation and process. This is a
limitation for achieving an equitable process with clearly defined expectations which can lower the
entry point for local and small businesses to launch or update their businesses.
RFP 10021 LAND USE CODE UPDATES Page 5 of 50
City Plan, as well as many of our other policy documents, include guidance to concentrate growth
along major transit corridors and around activity centers. The LUC Diagnostic Report and LUC
Audit again identified ways that the LUC can be recalibrated to better accomplish these aims. The
15-Minute City Analysis work also encourages mixed-use development where residents can
access housing, services, and jobs in one place. Integral to this effort will also be strategies for
incorporation of transit-supportive infrastructure and design considerations for things like mobility
hubs, transit station amenities, and other considerations within the public realm such as e-bike
parking.
The goal of this RFP is to identify a qualified Professional team to work collaboratively with City
staff and stakeholders, to draft LUC changes related to the previously mentioned topics. The
Professional will be expected to take the lead on analyzing, modeling, and drafting code language.
The City expects to lead public engagement, and the adoption process for recommended LUC
changes. Outside legal counsel will be retained separately through the City Attorney’s Office to
support analysis of legal issues and legal review of draft code language.
Exploratory Questions:
When beginning to identify potential topics for the Phase 2 LUC update, City staff formulated a set
of exploratory questions. These questions were intended to capture curiosities about what could
potentially be achieved through the work during this LUC update. They may also serve as a way
to check in during the course of this project that proposed changes or updates are making progress
towards responding to these exploratory questions. These questions were shared with City Council
at a June 11th Work Session focused on the scoping of Phase 2 work. This initial set of exploratory
questions were the following:
• Are there opportunities to add clarity to the development review process?
• How can the Land Use Code be more aligned with our policy plans?
• How can we advance our 15-minute city goals through the Land Use Code?
• How do we balance multiple desired outcomes through our development standards?
Council Priorities
City Council has adopted several priorities for their current term, several of which are directly
related to Phase 2 of the LUC update:
• Council Priority No. 1: Operationalize City resources to build and preserve affordable housing
• Council Priority No. 3: Advance a 15-minute city by igniting neighborhood centers
• Council Priority No. 4: Pursue an integrated, intentional approach to economic health
• Council Priority No. 8: Advance a 15-minute city by accelerating our shift to active modes
Proposed Work Streams
A substantial amount of groundwork and initial analysis has already been done regarding the types
of LUC changes the City should consider. Using Council Priorities, the exploratory questions, as
well as substantial ongoing tracking managed by planning staff, a set of potential workstreams
RFP 10021 LAND USE CODE UPDATES Page 6 of 50
were formulated. These workstreams attempt to logically group together topics to be addressed
through the LUC updates.
It is anticipated that this project will capitalize on work that has been done to date and refine more
conceptual recommendations into a package of specific code changes that can be considered and
adopted by the Planning and Zoning Board and City Council. These workstreams may be adjusted
collaboratively with City staff and the selected Professional team as the work plan is refined.
Proposed Work Streams include:
• Commercial and Mixed-Use Corridors
o Form-Based Design Standards for Commercial and Industrial Buildings
o Recalibrating Employment & Industrial Zoning
o Standards for Specific Uses
o Small Business Considerations
o 15-Minute Cities
Neighborhood Centers
Transit-Supportive Development
• Development Standards
o Landscaping & Trees
o Site Planning & Design
o Natural Resource Standards
o Historic Preservation Standards
o Bike, Pedestrian & Trail Connectivity
• Processes and Procedures
o Amendment Process (Micro/Minor/Major)
o Basic Development Review Process
o Other Development Review Processes (Type 1 and Type 2 Reviews)
o Customer Tools & Resources
In addition to proposed LUC changes, this project will need to identify key metrics and methods
for evaluation to ensure that LUC changes are having their intended positive impacts on
commercial and mixed-use corridor development. The LUC update must also be agile and
responsive to changing conditions and economics, e.g., how will priorities shift over time?
The ideal Professional will have familiarity with the unique challenges and opportunities in Fort
Collins and expertise in how leading-edge cities are addressing housing needs across the housing
spectrum, in addition to demonstrated expertise in supporting the successful adoption of complex
land use regulations related to commercial corridors. Professionals should also have expertise in
modeling and analysis to inform impactful, effective code changes that will increase housing supply
and choice while decreasing the need for single occupant vehicle trips and distance. Further, the
Professional should be familiar with a range of approaches to code updates including an emphasis
on infill and transit-oriented development and form-based codes. Because this work is being led
with equity as a priority, incorporating equity indicators and metrics into the project will be an
important element of any successful response. Finally, the ideal Professional will be comfortable
RFP 10021 LAND USE CODE UPDATES Page 7 of 50
working collaboratively with the City staff and on a one-year timeline to deliver adoption-ready
code changes.
III. BACKGROUND
LAND USE CODE (LUC) UPDATE, PHASE 1
The LUC Phase 1 project began in summer 2021. These updates focused on housing-related
changes to the code and a reorganization of the LUC to improve usability and clarity. Significant
restructuring and modernization were achieved in Phase 1 of the LUC update. This has resulted
in a code that is more user-friendly, incorporates aspects of a form-based code, and has
eliminated some inconsistencies within the document. The LUC Phase 1 Update implemented
policy direction in City Plan, the Housing Strategic Plan, the Transit Master Plan, and the Our
Climate Future Plan.
Fort Collins City Council adopted the updated Land Use Code in late 2022. A group of citizens
led an effort to repeal the code twice, requiring substantial changes to the LUC originally adopted
in late 2022. It has since been adopted by City Council and the appeal period has passed.
However, we do anticipate the need for robust community engagement, dialogue and accessible
materials to engage the community during Phase 2 of the process.
CITY PLAN (2019) AND THE LAND USE CODE (LUC) AUDIT (2020):
The City of Fort Collins Land Use Code (LUC) establishes the parameters for all new
development and infill/redevelopment and is one of the primary tools used to support the
implementation of the City’s comprehensive plan—City Plan. While Fort Collins regularly
updates Land Use Code standards, most changes are minor or relate to process and
procedural considerations. Prior to the 2020 LUC Audit, a thorough review of standards to
ensure that local development standards are advancing the community’s goals and
adequately responding to shifting priorities and changes in social and market conditions had
not been completed since the Land Use Code was first adopted in 1997.
The 2019 version of City Plan placed new emphasis on community priorities and emerging
issues to incentivize and maintain more affordable and attainable housing, diversify the types
of housing available, promote mixed-use and transit-supportive development along key
corridors, and address the changing dynamics of employment and industrial land. The Plan
identifies implementation strategies to help achieve these goals and priorities, many of which
may result in changes to Fort Collins’ development standards and processes. In the fall of
2019, the City initiated a Land Use Code Audit process to identify the strengths,
weaknesses, and opportunities in the Land Use Code as they relate to City Plan policy
direction. Specific objectives for the process were to:
• Identify targeted updates to the Land Use Code that support the implementation of City
Plan strategies;
• Explore and document how the City Plan goals and priorities outlined above are being
addressed by peer communities within their development codes; and
• Identify characteristics of contemporary development codes that could be applied to
improve the usability and functionality of the Land Use Code.
Land Use Code Diagnostic Report (2022):
The Land Use Code Diagnostic Report was created in 2022 upon engaging the consultant team
that would update the LUC in Phase 1. The Diagnostic Report builds upon the Land Use Code
Audit (2020) and identifies key findings and barriers to the implementation of key elements in
City Plan. While several recommendations within the Diagnostic were carried out in Phase 1,
RFP 10021 LAND USE CODE UPDATES Page 8 of 50
several recommendations within the Diagnostic Report will be included in Phase 2, namely:
• Align Zoning Districts and Uses with Structure Plan Place Types
o Consider consolidation of some mixed employment districts
o Consider increasing building height limits along key corridors and identify barriers to mixed-use
development
• Clarify and Simplify Development Standards
• Enhance/Simplify the Development Review Procedures
Active Modes Plan and 15-Minute Cities Analysis
The 15-minute City analysis was conducted in 2022. The 15-minute city concept is rooted in the
idea that cities should be designed to accommodate the needs of people and enhance
opportunities for human-powered transportation rather than being designed primarily for
automobiles. Within the analysis, there are three goals for achieving the vision of a 15-minute
city in Fort Collins, the results of an analysis of Fort Collins for bike and pedestrian access, and a
list of 21 core strategies to achieving the goals within the analysis. Following are the 3 goals from
the analysis to achieving the core strategies:
1. Strengthen Underserved Communities: Fort Collins will be a socioeconomically equitable
community in which every resident in every neighborhood can access basic needs and
services without an automobile.
2. Shift to Active Modes Trips: The need for motorized transportation is minimized,
advancing City climate goals, improving air quality, and reducing greenhouse gas
emissions, congestion, and parking demand.
3. Enhance Resiliency in Fort Collins: The convenient location of services accessible by
multiple modes of human-powered transportation results in a reduced need to travel long
distances for daily needs, saves time, and improves health, well-being, and quality of life.
Economic Health Strategic Plan (EHSP, 2023):
The City’s recently adopted EHSP is an update from the 2015 Strategic Plan aims to fulfill the
vision that, “Fort Collins is a healthy, equitable, and resilient community where people and
businesses can thrive.” There are several LUC regulations that intersect with the goals in the
plan. Those include, but are not limited to, updating several Development Review processes
towards an approach that is easier to understand for business owners and clearer for City staff
to execute, and updating the Commercial and Industrial zone districts. Following are the 4 goals
of the plan:
1. Increase business owner representation to match Fort Collins metropolitan
statistical area demographics.
2. Increase overall business survivability longer than five years from 45% to 50%.
3. Add 1,800 new jobs in targeted, traded sectors (e.g., life science and climate
technology).
4. Increase representation in employment within targeted, traded sectors (e.g., life
science and climate technology).
Housing Strategic Plan (HSP, 2021):
The City’s adopted HSP provides clear direction to reexamine the City’s role in achieving the Plan’s
vision that “everyone has stable, healthy housing they can afford.” LUC regulations are a key
element of the housing system and achieving the kinds of housing system changes envisioned by
the City’s policy direction will require significant adjustments in how the City regulates the use of
land.
In particular, several priority strategies in the HSP specifically recommend LUC changes and
support the implementation of recommendations in the LUC Audit (2020):
RFP 10021 LAND USE CODE UPDATES Page 9 of 50
• Strategy 14: Create additional development incentives for affordable housing
• Strategy 16: Remove barriers to allowed densities through code revisions
• Update zones within a 5-minute walk to transit to allow greater housing diversity and
capacity.
• Consider replacing maximum densities with improved form standards that guide
better design.
Related City Programs and Efforts:
While City Plan, the Economic Health Strategic Plan and the Housing Strategic Plan offer a lot
of policy direction for Land Use Code updates in Phase 2, there are several other relevant
community plans and policies, including but not limited to the following:
• Affordable Housing Redevelopment
• City Plan (2019)
• Housing Strategic Plan (2021)
• Active Modes Plan (2022)
• Council Priorities (2024-2026)
• City Strategic Plan (2024)
• Economic Health Strategic Plan(2023)
• Our Climate Future Plan (2024)
• Additional efforts underway.
o Rooted In Community, Urban
Forest Strategic Plan (2023-2024)
o Electric Vehicle Readiness
Roadmap
RFP 10021 LAND USE CODE UPDATES Page 10 of 50
Additional Policy Plans:
• Displacement Mitigation Strategy (2013)
• Social Sustainability Strategic Plan (2016)
• Natural Areas Master Plan (2014)
• North College MAX BRT Final Plan Report (2023)
• Transfort Optimization and Action Plan
• Shift your Ride Plan
State Legislation
New state legislation passed this year will have an impact on LUC updates. City staff anticipate that
while these topics are related to much of the anticipated content within the workstreams, compliance
with state legislation will be worked through as a separate but parallel track. The most relevant bills to
the Phase 2 effort include:
• HB-1313 Housing in Transit-Oriented Communities:
This bill will require the establishment of a Housing Opportunity Goal, potential rezonings,
establishment of anti-displacement strategies, and reporting on an on-going basis.
• HB-1152 Accessory Dwelling Units:
This bill will require updating our Land Use Code to permit Accessory Dwelling Units (ADUs)
wherever we allow single-family detached homes. Code language from previous iterations of the
Land Use Code has already been drafted. Will need to confirm that previously written code language
would comply with this bill.
• HB-1304 Minimum Parking Requirements:
This bill will require updates to the Land Use Code to remove minimum parking requirements for
multi-family and certain mixed-use projects close to transit.
City staff would like some assistance from the Professional in understanding how other jurisdictions
are integrating these requirements within their land use codes. Because some of these issues are
also anticipated to be controversial, City staff would like assistance in helping manage community
expectations about compliance with these bills. See also Component 2.
IV. PROJECT MANAGEMENT
5.
Project Management Structure:
As previously described, this RFP is for the second phase of a two-phase project to update
the LUC. Reflecting on Phase 1 of the project, staff have already assembled a project
management structure that is intended to balance management responsibilities and create
intentional specialization for some areas of project responsibility. The Professional will
interact primarily with the Co-PM’s but will likely collaborate closely with all staff in the
project management structure shown below and referred to as the “core team”. In addition
to the core team, the Professional will be expected to collaborate across multiple levels of
the City organization and with advisory groups.
RFP 10021 LAND USE CODE UPDATES Page 11 of 50
The selected Professional and City staff will discuss and determine the cadence, purpose,
and required attendance of regular check-in calls throughout the project. City staff will be
responsible for formulating membership of all groups depicted in the following graphics. The
Co-PM’s will coordinate attendance of the Professional as needed within this organizational
structure.
RFP 10021 LAND USE CODE UPDATES Page 12 of 50
Equity Commitments
As part of LUC Phase 2, staff are intending to integrate a set of equity commitments that will
provide internal and external accountability to aligning the project process and outcomes to
the goals of the City’s Equity and Inclusion Plan. These commitments will be used as a
guidance system throughout the project for staff the Professional as well as an outline for
internal reporting at each major juncture of the process. This equity focus also recognizes
that achieving community goals and priorities will require more actors than local government
alone. Key equity considerations for this code update include equity analysis of proposed
LUC changes, identifying a diverse range of stakeholders, and inviting the community to
meaningfully influence the proposed LUC changes.
City staff intend to primarily lead Equity Commitments related to this project, but
demonstrable understanding and incorporation of Equity Commitments by the Professional
would be an important consideration during the selection process.
V. SCOPE OF PROPOSAL
The draft Scope of Work outlined below provides guidance for responding Professional
teams by outlining the major project components the City has identified for this effort. That
said, the City anticipates that this Scope of Work will be revised and finalized collaboratively
after Professional’s selection. The City encourages innovative and thoughtful proposals that
demonstrate understanding of the components outlined as well as other potential creative
and forward-thinking ideas and tasks that may be beneficial to incorporate during the work
plan finalization task. The City also encourages assemblage of a Professional team that
brings certain unique skillsets or specializations that may aid in the successful completion of
this project. While some in-person interaction may be required as part of these tasks,
Professional teams from all geographies are encouraged to submit.
This is a cooperative effort that will be led by the City’s Planning, Development, and
Transportation (PDT) Service Area with substantial support from the City Manager’s Office
(CMO) and the City Attorney’s Office (CAO). The selected Professional will confer/meet
with the project team members on a regular basis to review progress, present deliverables
and findings, and solicit direction.
Component 1: Final Work Plan and Project Structure
The selected Professional will meet with City staff to finalize the work plan together and
integrate project team members to align workstreams and check in regularly. The goal of
this component of the project is to set up the project infrastructure for effective collaboration
and rapid iteration of deliverables.
All deliverables will be reviewed by the LUC core team, any technical working group(s)
created for this project, and the internal Advisory and Steering Committees outlined in the
Project Management Structure. Review could also include presentation of the proposed
approach to engaged community members and regular code users. While the Professional
will likely facilitate internal review meetings, City Staff expect to take the lead on external
engagement efforts with consultant support as needed. Meetings and presentations may be
remote or in-person, with final determination dependent on project needs.
Critical decision points for this component of the project include:
RFP 10021 LAND USE CODE UPDATES Page 13 of 50
a. Determining additional diagnostics/analysis needed to inform the scope of
proposed LUC changes in Phase 2.
b. Confirming the community engagement and communication strategy.
c. Scoping conversations to outline specific commercial corridor-related LUC changes to be
considered.
d. Assistance with sequencing and prioritization for code changes within the project
parameters and schedule.
e. Presentation of the proposed final scope of work with detailed tasks and objectives.
f. Detailed schedule identifying key milestones and deliverables.
g. Staffing plan outlining Professional and Staff roles from project initiation through
adoption.
h. Finalization and proposed schedule for the full project governance structure, including
check-ins with LUC core team.
Component 2: Communication Strategy and Engagement
Effective and clear community engagement are likely to be the key drivers of success on
this project. City staff are already working to assemble a robust engagement team that will
focus on both strategy and implementation. Remaining nimble, adaptable, and employing
creative ways to engage and inform the community are some of the key goals for this
project.
Task 2a: Facilitation and Coordination of Working Groups
Primary responsibility: Professional with City Staff collaboration
The City intends to engage a broad group of community members, City staff working
groups, and other working groups assembled as part of this effort. The City anticipates
leading and staffing any community events. Support from the Professional team is needed
to assist with internal facilitation and coordination of working groups. City staff have initially
envisioned that there would be a dedicated internal staff working group as well as an
external working group comprised of community members with interest or experience in
topics by workstream. Each workstream would have an associated working group or groups
based on necessity. These working groups will assist on iterating potential code changes
and are expected to be consulted during development of potential code changes.
The Professional would lead in recommending potential composition of external working
groups and assist with scheduling, organization, and facilitation of those teams. It is
expected that City staff will assemble internal working group membership and aid the
Professional in assembling the composition of external working groups using the City’s
existing contacts and networks.
The City is interested in innovative and equity-informed engagement techniques and
welcomes Professional’s recommendations about the most effective ways to involve the
community in this project. It is also important to the City that a bilingual communication
strategy is employed so that dual-language communication is available.
Task 2b: Consultation on Communication Strategy
Primary responsibility: City Staff with Professional collaboration
As described, City staff will have a dedicated team intended to focus on communication
strategy for the project’s duration. The function of this team will be to ideate approaches to
community engagement, monitor evolution of community sentiment, and most importantly
adapt approach as needed. Since this project will occur in a relatively short time frame,
RFP 10021 LAND USE CODE UPDATES Page 14 of 50
special care will be needed to ensure that the community is engaged and understands the
impacts of potential code changes.
As some of the potential code changes are likely to be controversial, the City is interested in
the Professional’s experiences and recommendations for addressing community
controversy and conflict around LUC changes. Phase 1 updates to the LUC became
particularly challenging when City staff had to navigate other narratives surrounding impacts
of proposed code changes. Similar narratives about topics from Phase 1 are likely to persist
during Phase 2. Distinguishing what topics would or would not be addressed within the LUC
and how to communicate those distinctions clearly will be critical messaging. Similarly, state
legislation and recent house bills have a lot of overlap with the topics to be explored in
Phase 2. It will be important to differentiate what changes to the LUC are mandated at the
state level that Fort Collins must come into compliance with, and those changes to the LUC
that community engagement can shape and influence. Professional teams with
demonstrable expertise in policy communications strategy that could aid City staff with
crafting messaging would be desirable.
Task 2c: Change Management
Primary responsibility: Professional with City Staff collaboration
Once the new code is adopted it is important to the City that staff are trained in the new
changes and clear messaging is in place for the community to understand the changes. A
successful response to this RFP will outline training sessions with staff that engage with the
code on a regular basis. It will also include the Professional working with City staff in
updating content for City websites and creation of reference material for how to best
navigate the development process for applicants and community members.
Component 3: Commercial and Mixed-Use Corridor Code Updates
While the City expects that the Professional will lead the code drafting process, a successful
response to the RFP will clearly demonstrate a high level of comfort with a collaborative,
iterative approach to code writing that acknowledges the role of City Staff (both Planning
and City Attorney’s Office) in interpreting and using the code after its adoption. It is expected
that the Professional will be willing to work with City staff on a collaborative file-sharing
platform. City staff anticipate co-drafting and editing with the Professional. The City of Fort
Collins currently uses Microsoft Teams and OneDrive but would work with the selected
Professional to arrive at an agreed-upon method of file sharing. Willingness to attend
Council Work Sessions and other key presentations of work in progress (presumed to be
virtual meetings at the present time) are also an important element of this Task.
It is of critical importance to the City that these LUC changes balance the community’s
need for increased housing supply, expectations for compatible infill along commercial
corridors, and sensitive urban design approaches. Because Fort Collins has a fixed Growth
Management Area (GMA) and is approaching buildout, the City wishes to emphasize and
encourage infill and transit-oriented development with this LUC update. In addition, the City
is committed to leading this code update from an equity lens. Time for equity evaluation of
proposed changes should be incorporated into the project scope, and Professionals should
include recommendations for equity evaluation tools into their responses.
After an iterative process of engagement and consensus building, the Professional will be
expected to deliver a draft of the LUC that can be shared with the public and decision-
makers, revised based on input received, and adopted by the decision makers. The
RFP 10021 LAND USE CODE UPDATES Page 15 of 50
Professional should be aware that the recently updated LUC was effective May 17, 2024. As
part of these Phase 1 code updates, the LUC was reorganized into seven articles. This
reorganization will be the foundation of the anticipated updates in Phase 2.
Component 3 of the project has been further outlined into several specific tasks below.
Task 3a: Successful Urban Corridors
Primary responsibility: Professional, with City Staff support
Based on existing local conditions, best practice research and previous work done for the
LUC Audit and by City Staff, prepare an updated analysis of the existing LUC. City staff are
particularly interested in recommendations that would help the LUC better align with the
City’s policy documents listed in the Background section of this RFP. Key elements of this
analysis should include, but are not limited to:
a. Establishing clear problem statements to inform approaches to code edits.
b. Evaluation of alternatives
c. Justification for proposed approach
d. Identification of areas where regulations overlap or conflict with other parts of the LUC
and recommendations to resolve these conflicts
Task 3b: Modeling and Analysis
Primary responsibility: Professional, with City Staff support
Modeling and analysis will be critical inputs to the code drafting process. There are many
types of analysis that could be appropriate for this project, and the City welcomes
recommendations from the Professional about the most effective and informative analyses
to conduct. Examples of expected modeling/analysis needs include economic feasibility and
pro forma analysis, equity and impact analysis, modeling of form-based code components,
and hypothetical or case study analysis of potential code changes compared to the existing
built environment. The analysis should lead to a strategy that implements change that both
leads to the desired outcomes adopted by the City and does not create new barriers to
small businesses. The City’s goal is to make data-informed decisions about code changes,
demonstrate the need for changes and their expected impact, and to evaluate the impact of
these codes on housing supply, equity, and affordability over time. We are also interested
in the Professional’s recommendations on how to leverage the skills and expertise of our
external stakeholders to inform this task.
Task 3c: Draft Code, Including Commercial Corridor Changes
Primary responsibility: Professional, with City Staff support
This sub-task will result in a draft of the LUC that incorporates City and community input,
findings from the modeling and analysis sub-task, and priorities identified in City Plan, the
Economic Health Strategic Plan, the Active Modes Plan, and the Housing Strategic Plan
(HSP). Because the LUC will undergo significant changes, the City expects that the
Professional will create a summary memorandum or similar to describe the changes being
proposed in conjunction with the LUC draft. A minimum of two full draft iterations should be
incorporated into the project timeline for this task, though many pieces of the code will likely
require additional collaboration outside of the formal staff drafts. Focus groups and/or
technical working group meetings will be important avenues for input and feedback at this
point in the project, and the City anticipates providing support with this element of the task.
Specific examples of expected commercial corridor changes and zone district consolidation
needs are outlined below, though this is not an exhaustive list:
RFP 10021 LAND USE CODE UPDATES Page 16 of 50
Commercial Corridor Changes:
• Form-Based Design Standards for Commercial and Industrial Buildings
• Review and calibrate permitted uses in zone districts:
• Commercial
• Industrial
• Employment
• Simplify development review process for:
• Major/Minor/Micro amendments
• Change of Use process
• Create/recalibrate meaningful Affordable Housing incentives in mixed-use zones
• Remove barriers to permitted densities
• Review and adjust/remove density limitations
• Calibrate code requirements to meet new state legislation
Task 3d: Graphic Code Layout and Illustrative Diagrams
Primary responsibility: Professional, with City Staff support
In addition to Task 3c, the City is also seeking a Professional team that can assist in making the
new draft LUC a highly graphical and easy to use document. Significant strides towards making
the LUC more navigable with illustrative diagrams and a more user-friendly layout and
organization were achieved in the LUC effective May 17th of this year. However, only the LUC
articles related to Housing were fully updated to this new format. It is expected that the
Professional will augment and update the remaining articles of the LUC in the same graphical
style. The City will provide the selected Professional with original Adobe InDesign and Adobe
Illustrator files so that the appearance of the LUC can be replicated.
The ideal Professional team will also bring expertise in creating illustrative diagrams that can
help communicate potential LUC changes to the community. This may include tasks such as
illustrating existing versus potential/proposed updates to development standards, the public
realm, and commercial, mixed-use, and industrial building forms. It is expected that some of the
findings and products from Task 3b will be transferred to graphics consumable by the
community. Graphical modeling expertise will be expected to produce diagrams that illustrate
building standards such as in Article 3, Building Types, of the May 17th adopted LUC.
The aforementioned graphics are expected to be utilized both within the graphical layout of the
LUC, but also to aid in communicating changes to the community in an interim capacity before
the graphical draft is available for public viewing. The City seeks a highly nimble Professional
team that are willing to collaboratively work with City staff in preparing and adjusting a variety of
illustrative diagrams. The City expects to rely on graphical imagery to accurately depict what
built form could be expected from the updated LUC.
Task 3e: Legal Review
Primary responsibility: Professional (Outside legal counsel will be retained separately
through the City Attorney’s Office)
As a regulatory document, the LUC will be subject to intensive legal review concurrent with
the rest of the sub-tasks in Component 3. The City Attorney’s Office (CAO) is a key partner
in this project and will be integrated into all aspects of the scope. In addition, CAO will retain
outside legal counsel to support specialized legal review of key issues related to proposed
code changes. The Professional will be expected to collaborate closely with both CAO and
the selected outside legal counsel. Successful responses to this RFP will address the
Professional’s plan for coordinating legal review to keep the project timeline on track.
RFP 10021 LAND USE CODE UPDATES Page 17 of 50
VI. ADDITIONAL INFORMATION
A. ANTICIPATED SCHEDULE
The following represents the City’s target schedule for the RFP. The City reserves the right to
amend the target schedule at any time.
• RFP issuance: July 3, 2024
• Question deadline: 3:00 PM MT on July 8, 2024
• Final Addendum Issued: July 15, 2024 (tentative)
• Proposal due date: 3:00 PM MT on July 26,2024
• Interviews (tentative): Week of August 1,2024
• Award of Contract (tentative): Week of August 8,2024
• Kick-Off meeting: Week of August 19,2024
B. BUDGET
The budget for this proposal should not exceed $345,000. A separate RFP for outside legal assistance
to support this project is being led by the City Attorney’s Office. The successful Professional team will be
expected to collaborate closely with outside legal counsel throughout the project timeline. Professionals
are invited to submit proposals with the tasks prioritized to aid the City in working together with the
selected Professional to identify and implement core tasks within the budget available for this project.
As mentioned in an earlier section, Professionals are encouraged to assemble teams that bring a
diversity of skillsets and expertise that would benefit this project. Professionals outside of the
Northern Colorado Region and Front Range are encouraged to apply, while demonstrating the
ability to collaborate remotely with City staff. Some in-person interaction is anticipated, so that
consideration should be included when assembling a Professional team. While some travel
expenses would be considered (See D. Travel & Expenses), the majority of the not-to-exceed
budget should be used for staff time on project work.
C. INTERVIEWS
In addition to submitting a written proposal, the top-rated Service Providers/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.
D. 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. Service Provider/Consultant will be required to provide
original receipts to the City for all travel expenses.
E. SUBCONTRACTORS/SUBCONSULTANTS
RFP 10021 LAND USE CODE UPDATES Page 18 of 50
Service Provider/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
Service Provider/Professional; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider/Professional.
F. FINANCIAL QUALIFICATIONS (CONFIDENTIAL)
Service Providers/Professionals selected as finalists may be required to submit a banking
reference and the most recent financial statement (audited preferred) including balance sheet and
income statement, as well as a statement of cash flows (the “Financial Information”).
G. 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.
H. FEES, LICENSES, PERMITS
The successful Service Provider/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.
I. LAWS AND REGULATIONS
The Service Provider/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).
J. WORK ORDERS
The awarded Service Provider/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 Service Providers/Professionals for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the awarded
Service Providers/Professionals or assign Work Orders directly to a Service Provider/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 Service
Provider/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 Service Provider/Professional, project manager and Purchasing Department
representative.
K. INVOICING AND PAYMENT
RFP 10021 LAND USE CODE UPDATES Page 19 of 50
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 Service Provider/Professional each month
following the submittal of a correct invoice by the Service Provider/Professional indicating the
project name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed specific
to the task, percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the event a
service is requested which is not stated in the Work Order and/or Agreement, the Service
Provider/Professional and the City will negotiate an appropriate unit price for the service prior to
the Service Provider/Professional initiating such work.
The City pays invoices on Net 30 terms.
VII. 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.
Service Providers/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
Service Providers/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 Service
Providers/Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the program
offered, including a general description of the program and any unique aspects or benefits provided
by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed dates as
stated in the Schedule section.
B. Professional Information
1. Describe the Service Provider/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).
RFP 10021 LAND USE CODE UPDATES Page 20 of 50
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
information 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. Include a description regarding how the evaluation
framework will be developed, including how the associated analysis will be performed for the
various identified areas identified, the methods and assumptions used, and the limitations of
the analysis/approach.
3. Identify what portion of work, if any, may be subcontracted.
4. It is expected that this project will be a highly collaborative effort. City Staff will be working
closely with the awarded Professional on all aspects of the planning process and in some
cases leading elements of the study. Within your response, please include how you would work
with City staff to conduct the scope of work in an effort to save costs wherever possible.
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. A list of qualifications for your firm and qualifications and experience of the specific staff
members proposed to perform the consulting services described above.
3. Provide a minimum of three similar projects with public agencies in the last 5 years that
have involved the staff 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, including how this work
applied an equity lens or was centered in equity, and any change orders. The Professional
authorizes City to verify any and all information contained in the Professional’s submittal
from references contained herein and hereby releases all those concerned providing
information as a reference from any liability in connection with any information they give.
4. If applicable, provide examples of at least two projects where you’ve worked with your
subconsultants. List the subconsultant firm(s) for this Agreement, their area(s) of
expertise, and include all other applicable information herein requested for each sub-
consultant. Identify what portion of work, if any, may be subcontracted.
5. References (current contact name, current telephone number and email address) from at
least three similar projects with similar requirements that have been completed within the
past five (5) years and that have involved the staff proposed to work on this project.
Provide a description of the work performed. The Professional authorizes City to verify
any and all information contained in the Professional’s submittal from references
contained herein and hereby releases all those concerned providing information as a
reference from any liability in connection with any information they give.
E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact person
with primary responsibility for this Agreement, the personnel proposed for this Agreement,
and any supervisory personnel, including partners and/or sub consultants, and their
individual areas of responsibility.
RFP 10021 LAND USE CODE UPDATES Page 21 of 50
2. A resume for each professional and technical person assigned to the Agreement,
including partners and/or subconsultants, shall be submitted. The résumés shall include
at least three individual references from previous assignments. Please limit resumes to
one page including experience in housing, development of evaluation frameworks, and
experience in applying an equity lens.
3. Some functions of this project may require the use of subconsultants. If you intend to
utilize subconsultants you must list each and provide resumes for their key personnel.
4. Describe the availability of project personnel to participate in this project in the context of
the Professional’s other commitments.
5. Provide a list of similar projects completed in the last five (5) years by the key members
of the proposed team.
F. Availability
1. Are other qualified personnel available to assist in meeting the project schedule if
required?
2. Is the project team available to attend meetings as required by the Scope of Work?
3. Provide a project schedule showing key milestones, and deliverable dates.
4. Can the work be completed in the necessary timeframe, with target start and completion
dates met?
5. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
G. 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.
6. 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.
7. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which you 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
RFP 10021 LAND USE CODE UPDATES Page 22 of 50
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 Professional supply chain, and how your firm has applied an equity
lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and
staff engagement.
H. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title
and employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed figure for the Scope of Proposal. Price all additional
services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job
title to be used during the term of the Agreement. This fee schedule will be firm for at least
one (1) year from the date of the Agreement. The fee schedule will be used as a basis for
determining fees should additional services be necessary. Include a per meeting rate in
the event additional meetings are needed. A fee schedule for subconsultants, if used,
shall be included.
4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and
not included in the billing rates must be identified. Reasonable expenses will 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.
I. 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 the Agreement
and indicate any objections to the terms of the contract. If revisions to the contractual terms are
requested, provide suggested revisions.
J. Acknowledgement
The Acknowledgement form is attached as Section IX. Complete the attached form indicating the
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that the Professional has read and agrees to be fully bound by all the terms,
conditions and other provisions set forth in the RFP.
RFP 10021 LAND USE CODE UPDATES Page 23 of 50
VIII. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria.
These criteria will be the basis for review and assessment of the written proposals and
optional interview session. At the discretion of the City, interviews of the top-rated
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 QUALIFICATION STANDARD
2.0
Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Does the proposal provide
examples of innovative engagement
techniques?
2.0 Firm Capability Does the firm have the resources, 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?
2.0
Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0
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?
RFP 10021 LAND USE CODE UPDATES Page 24 of 50
1.0
Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures? Does the firm
demonstrate a commitment to all three aspects
(social, environmental, and economic) of the
Triple Bottom Line (TBL) methodology of
sustainability for this project and in their
company value system as evidenced by their
day-to-day business operating processes,
practices and procedures?
2.0
Cost & Work Hours
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
B. REFERENCE EVALUATION CRITERIA
Prior to award, the Project Manager will check references using the following
criteria. Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this Professional again? Did they
show the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Professional responsive to client needs; did
the Professional anticipate problems? Were
problems solved quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge If a study, did it meet the Scope of Work?
Were problems corrected quickly and effectively?
RFP 10021 LAND USE CODE UPDATES Page 25 of 50
IX. ACKNOWLEDGEMENT
Service Provider/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 10021 LAND USE
CODE UPDATES and sample Agreement except as otherwise noted. Additionally, Service
Provider/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
Service Provider/Professional’s knowledge and belief.
b. Service Provider/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. Service Provider/Professional further agrees that the method of award is acceptable.
e. Service Provider/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. Service Provider/Professional acknowledges receipt of addenda.
g. Service Provider/Professional acknowledges no conflict of interest.
h. Service Provider/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:
RFP 10021 LAND USE CODE UPDATES Page 26 of 50
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 27 of 50
X. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and
entered into the day and year set forth in the Agreement Period section below, by and between
the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and
, a(n) [enter state] [business type] (PROFESSIONAL).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The PROFESSIONAL agrees to provide Services in accordance with any
project Work Orders for , issued by the CITY. Such Work Orders will be incorporated
into this Agreement. A blank sample of a Work Order is attached hereto as Exhibit A,
consisting of [# of Pages] and incorporated herein. A general Scope of Services is attached
hereto as Exhibit B, consisting of [# of Pages] and incorporated herein. The CITY reserves
the right to independently solicit any project rather than issuing a Work Order to the
PROFESSIONAL for the same pursuant to this AGREEMENT. Irrespective of references
to certain named third parties within this AGREEMENT or any Work Order, the
PROFESSIONAL shall be solely responsible for performance of all duties hereunder. The
term Service as used in this AGREEMENT shall include the Services and deliverables
contained in any Work Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service. Changes
shall be agreed upon in writing by the parties by Change Order, a sample of which is
attached hereto as Exhibit C, consisting of [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective
Date) 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 (1) year periods not to exceed [choose one] additional one-
year periods. Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. [Any price changes shall not exceed percent
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 28 of 50
( %) per annual renewal]. Written notice of renewal shall be provided to the
PROFESSIONAL no later than thirty (30) days before AGREEMENT end. Should written
notice of renewal be delayed, the parties agree that this AGREEMENT may automatically
extend on a month-to-month basis until a renewal is completed. Upon expiration of the final
renewal term, the AGREEMENT may continue but not to exceed one (1) year if required to
complete any active Work Orders in accordance with Section 8-186 of City Code.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at least
ten (10) calendar days written notice of termination to the PROFESSIONAL.
In the event of early termination by the CITY, the PROFESSIONAL shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall submit a
final invoice within ten (10) calendar days of the effective date of termination. Payment shall
be the PROFESSIONAL's sole right and remedy for termination.
6. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
PROFESSIONAL: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the PROFESSIONAL [choose one] as designated
in Exhibit D, consisting of [# of Pages], attached and incorporated herein. At the election of
the CITY, each Work Order may contain a maximum fee, which shall be negotiated by the
parties hereto for each Work Order. Partial payments based upon the PROFESSIONAL’s
billings and itemized statements are permissible as defined in the applicable Work Order.
The amounts of any partial payments shall be based upon the PROFESSIONAL’s City-
verified progress in completing the Service(s) to be performed pursuant to the Work Order
and upon approval of the PROFESSIONAL’s direct reimbursable expenses. Payment shall
be made following acceptance of the Services by the CITY.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the PROFESSIONAL
following the submittal of a correct itemized invoice by the PROFESSIONAL. The CITY is
exempt from sales and use tax. The CITY’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 29 of 50
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal
to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The PROFESSIONAL warrants and shall be responsible for
the professional quality, technical accuracy, accessibility requirements under ADA and
Public Accommodations and Technology Accessibility sections below, timely completion
and the coordination of all Services rendered by the PROFESSIONAL, and the Project
Instruments as defined in the Project Instruments and License section below. The
PROFESSIONAL shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies from such standards.
9. Indemnification. The PROFESSIONAL shall indemnify, defend, and hold harmless the CITY
and its officers and employees, to the maximum extent permitted under Colorado law,
against and from any and all actions, suits, claims, demands, or liability of any character
whatsoever claimed by the PROFESSIONAL or third parties against the CITY arising out of
or related to this AGREEMENT (not limited to contract, tort, intellectual property,
accessibility, or otherwise). This obligation extends to reimbursement of the CITY's costs
and reasonable attorney’s fees.
10. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit
[choose one], consisting of [# of Pages], attached hereto and incorporated herein.
11. Appropriation. To the extent this AGREEMENT, or any provision in it, requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation
by the Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City
Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall
have no obligation to continue this AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-
builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and other Work Order deliverables (Project
Instruments), in any form whatsoever and in any medium expressed, for purposes of
constructing, using, maintaining, altering and adding to the project, provided that the
CITY substantially performs its obligations under the AGREEMENT. The license
granted hereunder permits the CITY and third parties reasonably authorized by the CITY
to reproduce applicable portions of the Project Instruments for use in performing the
Services or construction for the project. In addition, the license granted hereunder shall
permit the CITY and third parties reasonably authorized by the CITY to reproduce and
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 30 of 50
utilize the Project Instruments for similar projects, provided however, in such event the
PROFESSIONAL shall not be held responsible for the design to the extent the CITY
deviates from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
PROFESSIONAL shall become the CITY’s property. The PROFESSIONAL shall
provide the CITY with the Project Instruments in electronic format in a mutually agreed
upon file type.
13. CITY Project Manager. The CITY’s Project Manager will be shown on the specific Work
Order and shall make, within the scope of the Project Manager’s authority, all necessary
and proper decisions with reference to the Services requested under the applicable Work
Order. All requests for contract interpretation, change order and other clarification or
instruction shall be directed to the CITY Project Manager.
The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be reached
at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the
CITY.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the CITY Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the PROFESSIONAL are those
of an independent contractor and not of an employee of the CITY. The CITY shall not be
responsible for withholding any portion of the PROFESSIONAL's compensation hereunder
for the payment of FICA, Workers' Compensation, unemployment insurance, other taxes or
benefits or for any other purpose.
16. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the PROFESSIONAL and that this AGREEMENT shall be considered
as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL shall neither
assign any responsibilities nor delegate any duties arising under this AGREEMENT without
the prior written consent of the CITY.
17. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the
Service(s) set forth in any Work Order without the prior written consent of the CITY, which
shall not be unreasonably withheld. If any of the Services is subcontracted hereunder, with
the consent of the CITY, then the following provisions shall apply:
a. the subcontractor/subconsultant must be a reputable, qualified firm with an established
record of successful performance in its respective trade performing identical or
substantially similar Services;
b. the subcontractor/subconsultant will be required to comply with all applicable terms of
this AGREEMENT;
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 31 of 50
c. the subcontract will not create any contractual relationship between any
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 Services of the subcontractor/subconsultant will be subject to inspection by the CITY
to the same extent as the Service(s) of the PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the CITY as an additional insured under
this AGREEMENT in accordance with Exhibit [choose one]. The PROFESSIONAL shall
maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required
insurance. Upon request, the PROFESSIONAL shall promptly provide the CITY with a copy
of the certificate(s) within two (2) business days.
The PROFESSIONAL shall be responsible for any liability directly or indirectly arising out
of the Services performed under this AGREEMENT by a subcontractor/subconsultant,
which liability is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the PROFESSIONAL of responsibility for the quality or technical
accuracy of the Services. The CITY's approval or acceptance of, or payment for, any of
the Services shall not be construed to operate as a waiver of any rights or benefits provided
to the CITY under this AGREEMENT.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
of this AGREEMENT. In the event either party should fail to or refuse to perform according
to the terms of this AGREEMENT, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the AGREEMENT and seek damages;
b. treat the AGREEMENT as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 32 of 50
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this AGREEMENT shall not be binding on the parties. In
the event of a conflict between the 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.
22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. 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 U.S. District Court for the District of Colorado. In the event any provision of this
AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction,
that holding shall not invalidate or render unenforceable any other provision of this
AGREEMENT.
23. Use by Other Agencies. The CITY reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the CITY’s award determination to the PROFESSIONAL. Use by any other entity
shall not have a negative impact on the CITY 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 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 solely between
the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder is subject to the
PROFESSIONAL’s commitment that this authorization shall not have a negative impact on
the Services to be completed for the CITY.
24. Prohibition Against Unlawful Discrimination. The PROFESSIONAL acknowledges that the
CITY, 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) , C.R.S. § 24-34-401, and any associated State or
Federal laws and regulations, 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 forty (40) years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to CITY
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 the employee has been discriminated
against in violation of the above policy or participating in an employment discrimination
proceeding.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 33 of 50
The PROFESSIONAL shall 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 subcontractors/subconsultants at every tier.
25. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
PROFESSIONAL agrees to meet all the requirements of the Americans with Disabilities Act
of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
PROFESSIONAL or which would be imposed on the CITY as a public entity.
26. Technology Accessibility. The PROFESSIONAL represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The PROFESSIONAL shall also comply with all State of Colorado technology standards
related to technology accessibility and with Level AA of the most current version of the Web
Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the PROFESSIONAL may
be required to demonstrate compliance. The PROFESSIONAL shall indemnify, save, and
hold harmless the CITY against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY
in relation to the PROFESSIONAL’s failure to comply with C.R.S. § 24-85-101, or the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
The CITY may require the PROFESSIONAL’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the CITY to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
27. Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 et. seq. (the Privacy
Act). PROFESSIONAL shall ensure that each person processing any personal data
connected to the Services is subject to a duty of confidentiality with respect to the data. If
applicable, PROFESSIONAL shall require that any subcontractors meet the obligations of
PROFESSIONAL with respect to any personal data connected to this AGREEMENT and
corresponding Work Orders. The Parties agree that upon termination of the Services that
PROFESSIONAL shall, at the CITY’s choice, delete or return all personal data to the CITY
unless retention of the personal data is required by law. PROFESSIONAL shall make
available to the CITY all information necessary to demonstrate compliance with the
obligations of the Privacy Act. PROFESSIONAL shall allow for, and contribute to,
reasonable audits and inspections by the CITY or the CITY’s designated auditor.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 34 of 50
28. 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 and under any other applicable
law.
29. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200
(CORA), and documents in the CITY’s possession may be considered public records
subject to disclosure under CORA. The PROFESSIONAL hereby waives any claim for
damages against the CITY for the CITY’s efforts to comply with CORA.
30. Delay. Time is of the essence. Subject to Force Majeure section of this AGREEMENT, if the PROFESSIONAL
is temporarily delayed in whole or in part from performing its obligations, then the PROFESSIONAL shall
provide written notice to the CITY within two (2) business days defining the nature of the delay. Provision of
written notice under this Section shall not operate as a waiver of any rights or benefits provided to the CITY
under this AGREEMENT.
31. 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
party that 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 the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the PROFESSIONAL must provide notice to the CITY of such
condition within ten (10) days from the onset of the condition.
32. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages, attached hereto and incorporated herein by this
reference.
33. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 35 of 50
34. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the CITY to indemnify or hold PROFESSIONAL
harmless; requires the CITY to agree to binding arbitration; limits PROFESSIONAL’s
liability; or that conflicts with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 36 of 50
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 37 of 50
EXHIBIT A
WORK ORDER FORM
PURSUANT TO TA PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
PROFESSIONAL MASTER SERVICES 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 Service(s) identified above and on the attached forms in
accordance with and subject to the terms and conditions contained herein and in the Master
Services Agreement (AGREEMENT) between the parties. This Work Order is incorporated into
the AGREEMENT, and the AGREEMENT and all prior amendments or other modifications to the
AGREEMENT, if any, remain in full force and effect. In the event of a conflict between or
ambiguity in the terms of the AGREEMENT and this Work Order (including the attached forms)
the AGREEMENT as set forth in the Order of Precedence section of the AGREEMENT shall
control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 38 of 50
EXHIBIT B
GENERAL SCOPE OF WORK
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 39 of 50
EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
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/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 40 of 50
EXHIBIT D
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 41 of 50
EXHIBIT [CHOOSE ONE]
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, insurance as the CITY may deem
proper and may deduct the cost of the 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
Worker’s Compensation and Employer’s Liability insurance 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
General 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 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
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 and Omissions. The PROFESSIONAL shall maintain errors and omissions insurance
in the amount of $1,000,000.
E. Cybersecurity. The PROFESSIONAL shall maintain cybersecurity insurance in the amount
of $5,000,000.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 42 of 50
EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this AGREEMENT.
All insurance policies required by this AGREEMENT that are not provided through self-insurance
shall be issued by insurance companies with an AM Best rating of A-VIII or better.
A. Local Agency Insurance. Local Agency is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, §24-10- 101, et seq., C.R.S. (the “GIA”) and shall maintain at all
times during the term of this AGREEMENT such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements. Local Agency shall ensure that each Subcontractor that is a
public entity within the meaning of the GIA, maintains at all times during the terms of this
AGREEMENT, such liability insurance, by commercial policy or self-insurance, as is
necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall ensure
that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at
all times during the terms of this AGREEMENT all of the following insurance policies:
i. Workers’ Compensation Workers’ compensation insurance as required by state statute,
and employers’ liability insurance covering all Local Agency or Subcontractor employees
acting within the course and scope of their employment.
ii. General Liability Commercial general liability insurance written on an Insurance Services
Office occurrence form, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability, personal
injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate; c. $1,000,000 products and completed operations
aggregate; and d. $50,000 any 1 fire.
iii. Automobile Liability. Automobile liability insurance covering any auto (including owned,
hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined
single limit.
iv. Protected Information Liability insurance covering all loss of State Confidential Information,
such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations
of privacy rights through improper use or disclosure of protected information with minimum
limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance. Professional liability insurance covering any damages
caused by an error, omission or any negligent act with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 43 of 50
vi. Crime Insurance. Crime insurance including employee dishonesty coverage with minimum
limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability Liability insurance covering all civil, regulatory
and statutory damages, contractual damages, data breach management exposure, and
any loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI,
and claims based on alleged violations of breach, violation or infringement of right to
privacy rights through improper use or disclosure of protect consumer data protection law,
confidentiality or other legal protection for personal information, as well as State
Confidential Information with minimum limits as follows: OLA #: 331003221 Routing #: 24-
HA4-XC-00244
a. $1,000,000 each occurrence; and b. $2,000,000 general aggregate.
C. Additional Insured.
1) The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed
operations) required of Local Agency and Subcontractors. In the event of cancellation of
any commercial general liability policy, the carrier shall provide at least 10 days prior
written notice to CDOT.
2) 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 certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
D. Primacy of Coverage. Coverage required of Local Agency and each Subcontractor shall be
primary over any insurance or self-insurance program carried by Local Agency or the State.
E. Cancellation. All commercial insurance policies shall include provisions preventing
cancellation or non-renewal, except for cancellation based on non-payment of premiums,
without at least 30 days prior notice to Local Agency and Local Agency shall forward such
notice to the State in accordance with §16 within 7 days of Local Agency’s receipt of such
notice.
F. Subrogation. Waiver All commercial insurance policies secured or maintained by Local
Agency or its Subcontractors in relation to this AGREEMENT shall include clauses stating that
each carrier shall waive all rights of recovery under subrogation or otherwise against Local
Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
G. Certificates. For each commercial insurance plan provided by Local Agency under this
Agreement, Local Agency shall provide to the State certificates evidencing Local Agency’s
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 44 of 50
insurance coverage required in this Agreement within seven (7) Business Days following the
Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor
insurance coverage required under this Agreement within seven (7) Business Days following
the Effective Date, except that, if Local Agency’s subcontract is not in effect as of the Effective
Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local
Agency’s execution of the subcontract. No later than 15 days before the expiration date of
Local Agency’s or any Subcontractor’s coverage, Local Agency shall deliver to the State
certificates of insurance evidencing renewals of coverage. At any other time during the term
of this Agreement, upon request by the State, Local Agency shall, within seven (7) Business
Days following the request by the State, supply to the State evidence satisfactory to the State
of compliance with the provisions of this §12.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 45 of 50
EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by PROFESSIONAL under this
AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard
to the exchange and handling of confidential information and other sensitive materials between
the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, PROFESSIONAL shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this AGREEMENT and related to the services for which
PROFESSIONAL has been engaged shall be considered in the same manner and be subject
to the same treatment as the information disclosed after the execution of this AGREEMENT
with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY and PROFESSIONAL
shall cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the Parties.
PROFESSIONAL shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this AGREEMENT.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 46 of 50
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, PROFESSIONAL must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, PROFESSIONAL must
take appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered
information and must notify the CITY in writing within twenty-four (24) hours of discovery of
any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
PROFESSIONAL shall have in place information security safeguards designed to conform to
or exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) PROFESSIONAL’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 47 of 50
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. PROFESSIONAL may use subcontractors, though such activity shall not
release or absolve PROFESSIONAL from the obligation to satisfy all conditions of this
AGREEMENT, including the data security measures described in this Exhibit, and to
require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor PROFESSIONAL
may use. Accordingly, any release of data, confidential information, or failure to protect
information under this AGREEMENT by a subcontractor or affiliated party shall be
attributed to PROFESSIONAL and may be considered to be a material breach of this
AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the PROFESSIONAL can ensure security for the Confidential Information so
stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If PROFESSIONAL breaches any of the terms of this Exhibit, in the
CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw
PROFESSIONAL’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. PROFESSIONAL Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 48 of 50
for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent jurisdiction
to enjoin or remedy any violation of this AGREEMENT.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 49 of 50
EXHIBIT [CHOOSE ONE]
PROMPT PAYMENT CERTIFICATION
The PROFESSIONAL is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the PROFESSIONAL’s receipt
of payment for that work from the CITY. In addition, all retainage amounts withheld from
subcontractors must be paid no later than 30 days after it satisfactorily completed its work,
whether or not the CITY has paid said amounts to the PROFESSIONAL. The PROFESSIONAL
must promptly notify the CITY whenever a DBE subcontractor performing work related to this
contract is terminated or fails to complete its work and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The PROFESSIONAL
may not terminate any DBE subcontractor and perform that work through its own forces or those
of an affiliate without prior written consent of the CITY. The PROFESSIONAL shall complete and
submit the following Prompt Payment Certification form with each invoice.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 50 of 50
PROMPT PAYMENT CERTIFICATION
PROFESSIONAL will place a check in the appropriate box below that applies to this payment
request.
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
PROFESSIONAL:
PROJECT:
CONTRACT DATE:
This certification is submitted in conjunction with Pay Application or Invoice # .
In accordance with the requirements of 49 CFR §26.29, the PROFESSIONAL hereby states the
following with regard to payments made under the Professional Services Agreement for [RFP #
and Name] (the “AGREEMENT”)
1. Subcontractors, at the first tier, both DBE and non-DBE, who satisfactorily
completed work and were listed for payment on the prior Payment Application No.
dated , 20 , were paid no later than 30 days after the PROFESSIONAL’s
receipt of payment for that work from the CITY.
2. All retainage amounts withheld from any subcontractor who satisfactorily completed
its portion of the AGREEMENT work, including punch list items, were paid to the
subcontractor(s) no later than 30 days after it satisfactorily completed its work, whether or
not the CITY has paid said amounts to PROFESSIONAL.
3. There was no delay in or postponement of any payment owed to a subcontractor,
whether period payment or retainage amount, except for good cause and after receipt of
prior written approval from the CITY.
The PROFESSIONAL shall retain all subcontractor payment records for a minimum period of
three (3) years from the date of Substantial Completion under the AGREEMENT. The CITY shall
have the right, with reasonable notice to audit such payment records.
Signed this day of , 20 .
By:
Printed:
Title: