HomeMy WebLinkAboutRFP - 10018 FTTP Engineering, Project Management, and Construction Management ServicesRFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 1 of 47
REQUEST FOR PROPOSAL
RFP 10018 FIBER-TO-THE-PREMISE (FTTP)
ENGINEERING SERVICES, PROJECT MANAGEMENT SERVICES, &
CONSTRUCTION MANAGEMENT SERVICES RFP DUE: 3:00 PM MT (Mountain Time), August 19, 2024 The City of Fort Collins is requesting proposals from qualified Consultants to provide 1)
engineering services including high- and low-level design; and/or 2) project management
services; and/or 3) construction management services for FTTP (Fiber-to-the-Premises) network
builds in the areas surrounding the City of Fort Collins. Qualified Consultants can propose to
perform any one of the services or all the services.
Because this solicitation will be federally funded, proposals must NOT include pricing.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Gerry Paul, Purchasing Director
at gspaul@fcgov.com, with a copy to Joshua Ooms, Project Manager, at
jooms@fcgov.com, no later than 3:00 PM MT on August 2, 2024. Please format your e-mail
to include: RFP 10018 FIBER-TO-THE-PREMISE (FTTP) ENGINEERING SERVICES,
PROJECT MANAGEMENT SERVICES, & CONSTRUCTION MANAGEMENT SERVICES in the
subject line. Questions received after this deadline may not be answered. Responses to all
questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
90600 Architectural Services, Professional
90692 Utilities (Gas, Steam, Electric) – Architectural
91200 Construction Services, General (Incl. Maintenance and Repair Services)
91216 Boring, Drilling, Testing, and Soundings, Including Concrete Coring
91223 Construction, General (Backfill Services, Digging, Ditching, Road Grading, Rock
Stabilization, etc.)
91244 Excavation Services
91275 Quality Control Testing Services for Construction
91316 Construction, Communication Equipment (Includes Antenna Towers)
91356 Construction, Utility/Underground Projects
91895 Telecommunications Consulting
92037 Networking Services (Including Installation, Security, and Maintenance)
92544 General Construction: Management, Scheduling, Cost Estimation – Engineering
95826 Construction Management Services
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 10018 FTTP Engineering, Project Management, and Construction Management Services Page 2 of 47
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Consultants 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 Consultants 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. Consultants may submit one
(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the
proposal, Consultants 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, Consultants 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.
Consultants Registration: The City requires new Consultants receiving awards from the City to
submit IRS form W-9 and requires all Consultants to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Consultant 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.
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 3 of 47
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Consultant(s) shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 4 of 47
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Consultants to provide
1) engineering services including high- and low-level design; and/or 2) project
management services; and/or 3) construction management services for FTTP (Fiber-to-
the-Premises) network builds in the areas surrounding the City. Please see Section IX for
an overview of the initial planned project area boundary and proposed fiber network route
where Work may be performed. The City plans to utilize the contract(s) awarded under
this RFP for other similar projects undertaken by Connexion. Qualified Consultants can
propose to perform any one of the services or all the services.
Because this solicitation will be federally funded, proposals must NOT include
pricing.
II. SCOPE OF PROPOSAL
A. Scope of Work
1. Engineering Services
The awarded Consultant shall provide high- and low-level design services for FTTP
(Fiber-to-the-Premises) network builds in the areas surrounding the City of Fort Collins
(City), specifically in the regions where Connexion has received funding to provide
Internet Service Provider (ISP) services. The Consultant shall demonstrate extensive
experience in similar projects, showcasing successful implementations of FTTP
networks, preferably in municipal broadband initiatives. The selected Consultant must
also demonstrate their capability to collaborate effectively with the City Broadband –
Outside Plant and Network Engineering teams to propose site planning and develop
network architecture designs tailored to the unique requirements of the broadband fiber
network. Demonstrated experience should include expertise in conducting thorough
assessments of planned routes, premises locations, optical distances, and other relevant
factors, culminating in comprehensive architecture designs that align with existing City
Broadband network infrastructure and interoperability requirements. Moreover, the
successful Consultant will be expected to collaborate closely with the broadband
network engineering team and any third-party network vendors to provide detailed
recommendations for network hardware placement and equipment types, drawing from
their proven track record in delivering reliable and scalable FTTP solutions.
In alignment with City Broadband 3rd party network hardware vendor(s) requirements,
the selected Consultant shall also make a recommendation for City Broadband Network
Engineering approval for the enclosure or building type for network hardware and shall
provide civil site design, including any applicable design for foundation placement,
grading, vault tie-ins, etc. necessary for the placement of the network hardware and
connectivity to the existing core network. The Consultant shall prepare documentation
and assist in the process for any necessary land acquisition or use, including plat and
property research using publicly available sources to provide exhibits showing proposed
locations, setbacks, etc. This includes researching easements and right-of-way access
for physical network and fiber infrastructure. The Consultant must demonstrate
expertise in civil engineering and site design working in areas like those awarded to
Connexion and defined in this RFP. The Consultant must also have working knowledge
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 5 of 47
of network hardware vendor requirements in such areas, as well as proven proficiency in
compliance with local regulations and standards.
The selected Consultant shall demonstrate expertise in broadband infrastructure design.
They will be responsible for designing the access fiber network infrastructure to establish
a fiber connection from each eligible premise to the designated core site locations. This
includes the deployment of broadband access layer equipment utilizing a combination of
aerial and underground fiber network designs. Prior to implementation, the Consultant
shall develop a comprehensive design rulebook, subject to approval by the City,
outlining the technical specifications and guidelines for this initiative. Additionally, the
Consultant will collaborate closely with third-party partners to ascertain their specific
requirements for pole attachment hardware, make-ready needs, and any other
prerequisites for utilizing power poles for aerial cable placement, ensuring seamless
integration and compliance with municipal standards. The awarded Consultant will work
with City Outside Plant and GIS teams to tailor the design to the current GIS schema
and provide design and as-builts in ESRI formats.
The selected Consultant shall review the awarded grant amounts at an initial high level
and again throughout design progress. This review will aid the Consultant to provide the
City recommendations for allocations of funds and will feed into design proposals. All
design work and recommendations shall be done in relation to approved budgets and
scopes. The proposed budget numbers will consider needs for network hardware,
access network construction and materials, network hardware structures, pole
attachment agreements, premise installation costs, maintenance costs, and all other
costs related to completing and managing the network before, throughout, and after the
initial construction.
Permitting services fall into the scope of engineering services. The awarded Consultant
shall apply for all required permits for the placement of infrastructure, including special
permits such as CDOT Right of Way, Forest Service, ditch crossings, and railroad
crossings, as well as Right of Way, pole attachment, and traffic control permits or
agreements. This includes all permitting required for the enclosures or buildings to
house the active network equipment.
The successful Consultant shall assist in the installation and provisioning of active
network hardware to provide fully functioning ISP services at the designed head end
locations. The City anticipates three locations of outfitted hardware with OLT hardware in
all three, and BNG hardware in one of the three. The selected Consultant will
demonstrate experience with this work and provide the particular experience of
individuals to be assigned to the project.
2. Project Management Services
The Consultant shall also provide comprehensive project management services for the
design and implementation of the broadband fiber network. This includes but is not
limited to project planning, scheduling, budgeting, procurement management, 3rd party
vendor management, subcontractor/subconsultant oversight, quality assurance, risk
management, and stakeholder coordination. The Consultant will ensure the successful
design and deployment of the fiber infrastructure across designated areas, adhering to
industry standards and regulatory requirements while meeting the specific requirements
of the City. The project management services are expected to streamline operations,
optimize resource allocation, and facilitate efficient communication among stakeholders
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 6 of 47
to achieve timely and cost-effective project delivery. The Consultant must demonstrate
expertise in municipality broadband infrastructure projects and provide detailed
proposals outlining their approach, relevant experience, and qualifications.
The selected Consultant shall review the awarded grant amounts at an initial high level
and again throughout the project duration. The Consultant will ensure the project is
executed within the approved budget and scope. Proposals should demonstrate
experience with management of federally-funded grants.
The Consultant shall provide advice and support throughout the procurement process for
Outside Plant materials and FTTP construction vendors. This support will include the
provision of documents delineating scope based on completed designs, specifications,
and schedules of value, along with other similar support through the procurement
process.
3. Construction Management Services
The awarded Consultant shall provide full-service construction management services
and serve as the owner’s representative. The scope of this service does not include the
construction work itself – it is the oversight of that work on the City’s behalf.
These duties shall include construction drawing management with software available to
the City and construction vendors, construction progress meetings moderation and
minutes creation, construction schedule review and tracking, field pre-construction site
walk performance, contract management and change documentation preparation, and
construction vendor invoice review and recommendation for approval.
This scope shall also include incident and damage response and reporting; resident
issues and complaints response and resolution coordination; on-site inspection services
and quality control based on contract specifications; field changes review, approval, and
markup tracking; and other similar activities to provide consistent value to the
construction delivery process. The City intends to use separate RFPs to engage
vendors providing the construction work and material provision for these projects. The
scope of physically building the network is not included in this RFP.
Proposal Scope Delineations
The selected proposal will include an estimate for the number of hours required to
accomplish the individual portions of scope as delineated by the bolded headings in the
list above, along with a clear demonstration of the Consultant’s qualifications to do this
work. These qualifications shall include named key individuals to be assigned to this
project with their professional competencies and demonstrated histories of successful
completion of the respective scope items.
Awarded contracts may go separately to one Consultant for the engineering scope, to
another for project/program management, and to another for the construction
management scope, or (a) combined contract(s) may be awarded to a Consultant
demonstrating qualifications and experience covering the scope of multiple or all three
portions of the scope activities.
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 7 of 47
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 12, 2024
• Question deadline: 3:00 PM MT on August 2, 2024
• Final Addendum Issued: August 9, 2024
• Proposal due date: 3:00 PM MT on August 19, 2024
• Interviews (tentative): Week of September 3, 2024
• Award of Contract (tentative): September 2024
B. Interviews
In addition to submitting a written proposal, the top-rated Consultants 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.
C. Subcontractors/Subconsultants
Consultant will be responsible for identifying any subcontractors and/or subconsultants in
their proposal. Please note that the City will contract solely with the awarded
Consultant(s); therefore, subcontractors and/or subconsultants will be the responsibility of
the Consultant(s).
D. Financial Qualifications (CONFIDENTIAL)
Consultants 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”).
E. 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.
F. Fees, Licenses, Permits
The successful Consultant(s) shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
G. Laws and Regulations
The Consultant 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).
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 8 of 47
H. Work Orders
The awarded Consultant(s) will be required to sign the City’s Professional Services Work
Order Type Agreement, a sample of which is attached as Section VII for reference
purposes. Please also note, Work Order issued utilizing Federal funds will be subject to
Section VIII Federal terms and conditions.
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
Consultant, 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 Consultant, project manager and Purchasing
Department representative.
I. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Work completed shall be paid to the Consultant each month
following the submittal of a correct invoice by the Consultant 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 level of detail.
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
Consultant and the City will negotiate an appropriate unit price for the service prior to the
Consultant initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Consultants 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 Consultants
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
Consultants include each of the City’s questions with their response.
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 9 of 47
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. Please clearly delineate the services the firm is
proposing to perform (i.e. engineering services, project management services, and/or
construction management services).
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Consultant Information
1. Describe the Consultant’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. Please clearly delineate the services the firm is proposing to perform
(i.e. engineering services, project management services, and/or construction
management services). The narrative should include any options that may be
beneficial for the City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work your firm is proposing to
perform to include the methods and assumptions used, and any exceptions and/or
risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of Work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Consultant.
7. Are other qualified personnel available to assist in meeting the project schedule if
required?
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 10 of 47
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each Consultant and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. The résumés shall include at least three individual references from
previous assignments.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Service Provider
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
5. Provide any information that distinguishes Consultant from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Consultant’s proposal.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Consultant.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
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b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
Due to the potential for Federal funding sources on certain projects awarded under
this RFP, Consultant costs / fees will not be considered when evaluating the
proposals. The City will negotiate the costs / fees with the successful Consultant(s)
after the evaluation process has been completed. Consultants will be disqualified if
fees are included in the RFP.
G. Certification Regarding Lobbying
The Certification Regarding Lobbying is attached as Section V. Complete the
certification and submit with the proposal response.
H. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form
indicating the Consultant hereby acknowledges receipt of the City of Fort Collins Request
for Proposal and acknowledges that the Consultant has read and agrees to be fully bound
by all the terms, conditions and other provisions set forth in the RFP.
I. Sample Agreement
Included with this RFP in Section VII is a sample Agreement that the City intends to use
for obtaining the services of the Consultant. The Consultant is required to review this
Agreement and indicate any objections to the terms of the contract. If revisions to the
contractual terms are requested, provide suggested revisions.
Please also note, Work Order issued utilizing Federal funds will be subject to Section VIII
Federal terms and conditions
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 12 of 47
IV. REVIEW AND ASSESSMENT CRITERIA
Proposal and Interview Criteria
Consultant will be evaluated on the following criteria. This set of criteria will be the basis
for review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Consultants 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.
Proposals will be evaluated based on:
• Adherence to project requirements and scope of services.
• Demonstrated competence and relevant experience.
• Proposed methodology and approach.
• Sustainability.
WEIGHTING
FACTOR CATEGORY
2.0 Project Requirements and Scope of Services
3.0 Demonstrated competence and relevant experience
3.0 Proposed methodology and approach
1.0 Sustainability
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP 10018 FTTP Engineering, Project Management, and Construction Management Services Page 13 of 47
V. CERTIFICATION REGARDING LOBBYING
The Contractor attests that it has filed the required certification under the Byrd Anti-
Lobbying Amendment. The Contractor attests that it has certified that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C.1352.
The Contractor further attests that it has disclosed, and will continue to disclose, any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions [as amended by "Government wide
Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply
to this certification and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
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VI. ACKNOWLEDGEMENT
Consultant 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 10018 Fiber-To-The-Premise (FTTP) Engineering
Services, Project Management Services, & Construction Management Services and
sample Agreement except as otherwise noted. Additionally, Consultant 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
Consultant’s knowledge and belief.
b. Consultant 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. Consultant further agrees that the method of award is acceptable.
e. Consultant 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. Consultant acknowledges receipt of addenda.
g. Consultant acknowledges no conflict of interest.
h. Consultant has signed the Certification Regarding Lobbying in Section V of this RFP.
i. Consultant 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. Consultants may submit one (1) additional complete proposal clearly marked
“FOR PUBLIC VIEWING.” In this version of the proposal, Consultants 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, Consultants hereby waives any and all claims for
damages against the City for the City’s good faith compliance with CORA. All provisions
and pricing of any contract resulting from this request for proposal will be public
information.
Legal Firm Name:
Physical Address:
Remit to Address:
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Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VII. 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] (CONSULTANT).
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 CONSULTANT 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
CONSULTANT for the same pursuant to this AGREEMENT. Irrespective of references to
certain named third parties within this AGREEMENT or any Work Order, the CONSULTANT
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. Written notice of renewal shall be provided to the
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CONSULTANT 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 CONSULTANT.
In the event of early termination by the CITY, the CONSULTANT shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
CONSULTANT's obligations under this AGREEMENT. CONSULTANT shall submit a final
invoice within ten (10) calendar days of the effective date of termination. Payment shall be
the CONSULTANT'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:
CONSULTANT: 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 CONSULTANT [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 CONSULTANT’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 CONSULTANT’s City-verified
progress in completing the Service(s) to be performed pursuant to the Work Order and upon
approval of the CONSULTANT’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 CONSULTANT following
the submittal of a correct itemized invoice by the CONSULTANT. The CITY is exempt from
sales and use tax. The CITY’s Certificate of Exemption license number is 09804502. A
copy of the license is available upon written request.
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal
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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 CONSULTANT 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 CONSULTANT, and the Project
Instruments as defined in the Project Instruments and License section below. The
CONSULTANT shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies from such standards.
9. Indemnification. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT 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
utilize the Project Instruments for similar projects, provided however, in such event the
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CONSULTANT 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
CONSULTANT shall become the CITY’s property. The CONSULTANT 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 CONSULTANT 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 CONSULTANT'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 CONSULTANT and that this AGREEMENT shall be considered
as an AGREEMENT for personal services. Accordingly, the CONSULTANT 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 CONSULTANT 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;
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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 CONSULTANT.
The CONSULTANT 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 CONSULTANT shall
maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required
insurance. Upon request, the CONSULTANT shall promptly provide the CITY with a copy
of the certificate(s) within two (2) business days.
The CONSULTANT 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 CONSULTANT 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,
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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 CONSULTANT. The CITY’s concurrence hereunder is subject to the
CONSULTANT’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 CONSULTANT 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.
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The CONSULTANT 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
CONSULTANT 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
CONSULTANT or which would be imposed on the CITY as a public entity.
26. Technology Accessibility. The CONSULTANT 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 CONSULTANT 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 CONSULTANT may be
required to demonstrate compliance. The CONSULTANT 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 CONSULTANT’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 CONSULTANT’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. CONSULTANT 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). CONSULTANT 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,
CONSULTANT shall require that any subcontractors meet the obligations of CONSULTANT
with respect to any personal data connected to this AGREEMENT and corresponding
Work Orders. The Parties agree that upon termination of the Services that CONSULTANT
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. CONSULTANT shall make available to the CITY all
information necessary to demonstrate compliance with the obligations of the Privacy Act.
CONSULTANT shall allow for, and contribute to, reasonable audits and inspections by the
CITY or the CITY’s designated auditor.
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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 CONSULTANT 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 CONSULTANT 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
CONSULTANT is temporarily delayed in whole or in part from performing its obligations,
then the CONSULTANT 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 CONSULTANT 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.
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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 CONSULTANT
harmless; requires the CITY to agree to binding arbitration; limits CONSULTANT’s liability;
or that conflicts with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO TA PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
CONSULTANT
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:
CONSULTANT 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.
CONSULTANT: __________________________ 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)
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EXHIBIT B
GENERAL SCOPE OF WORK
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
CONSULTANT: [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
CONSULTANT: __________________________ 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)
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EXHIBIT D
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
The CONSULTANT 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
CONSULTANT 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 CONSULTANT, 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 CONSULTANT 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
CONSULTANT '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 CONSULTANT shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this AGREEMENT for all
of the CONSULTANT'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 CONSULTANT 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 CONSULTANT 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 CONSULTANT shall maintain errors and omissions insurance in
the amount of $1,000,000.
E. Cybersecurity. The CONSULTANT shall maintain cybersecurity insurance in the amount of
$5,000,000.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by CONSULTANT 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, CONSULTANT 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
CONSULTANT 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 CONSULTANT 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.
CONSULTANT 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.
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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, CONSULTANT 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, CONSULTANT 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.
CONSULTANT 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) CONSULTANT’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
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• 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. CONSULTANT may use subcontractors, though such activity shall not
release or absolve CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT breaches any of the terms of this Exhibit, in the CITY’s
sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw
CONSULTANT’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. CONSULTANT 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
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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.
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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.
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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")
CONSULTANT:
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 CONSULTANT.
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 CONSULTANT 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:
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VIII. APPENDIX II: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
(A) For a Contract for more than the simplified acquisition threshold ($250,000).
Breach. Any breach of the Contract by Contractor shall be governed by the termination
and remedies provisions of the Contract. Additionally, in the event that the City incurs
damages as a result of Contractor’s breach, the City may pursue recovery of such
damages from Contractor. The City further retains the right to seek specific performance of
the Contract at any time as authorized by law. The City further retains the right to
otherwise pursue any remedies available to the City as a result of the Contractor’s breach,
including but not limited to administrative, Contractual, or legal remedies, as well as any
applicable sanctions and penalties.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: The City may require the Contractor to suspend performance
of all or any portion of the Work pending necessary corrective action specified by the
City and without entitling Contractor to an increase in compensation or extension of the
performance schedule. Contractor must promptly stop performance and incurring costs
upon delivery of a notice of suspension by the City.
b. Withhold Payment Pending Corrections: The City may permit Contractor to correct any
rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct
rejected Work at Contractor’s sole expense within the time frame established by the
City. Upon completion of the corrections satisfactory to the City, City will remit payment
to Contractor.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Contractor otherwise fails to provide or complete,
as determined by the City in its sole discretion. Upon City request, Contractor will
promptly refund any amounts prepaid by the City with respect to such non-compliant
Work.
d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents
from performance of the Work, if the City, in its sole discretion, deems any such
person to be incompetent, careless, unsuitable, or otherwise unacceptable.
(B) [All Contracts in excess of $10,000 must address termination for cause and for
convenience including the manner by which it will be effected and the basis of the
settlement.]
Termination.
Termination for Convenience. The City may terminate this Contract, in whole or in part, for
any reason, upon five (5) days written notice to the Contractor. In such event, the City
shall pay the Contractor its costs, including reasonable Contract close-out costs, and profit
on Work performed up to the time of termination. The Contractor shall promptly submit its
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termination claim to the City to be paid the Contractor. If the Contractor has any property
in its possession belonging to the City, the Contractor will account for the same, and
dispose of it in a manner the City directs.
Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law, by or against Contractor, or the appointment of a receiver or similar officer for
Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days
after the institution of such proceeding, will also constitute a breach. In the event of a
breach, the non-breaching Party may provide written notice of the breach to the other
Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30)
days after delivery of notice, the non-breaching Party may exercise any of its remedies
provided under this Contract or at law, including immediate termination of the Contract.
(C) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the definition
of “federally assisted construction Contract” in 41 CFR Part 60-1.3]
Equal Employment Opportunity. Contractor agrees to comply with the Equal
Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41
CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.” Contractor further agrees to include this provision,
including the Equal Opportunity Clause or a reference thereto, in any subcontracts it
enters into pursuant to the Contract.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
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compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other Contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the
Contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government Contracts or federally assisted construction
Contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally
assisted construction work: Provided, that if the applicant so participating is a State or
local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work
on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
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The applicant further agrees that it will refrain from entering into any Contract or
Contract modification subject to Executive Order 11246 of September 24, 1965, with a
Contractor debarred from, or who has not demonstrated eligibility for, Government
Contracts and federally assisted construction Contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon Contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government Contracts and subcontracts, including
Government bills of lading, transportation requests, Contracts for deposit of
Government funds, and Contracts for issuing and paying U.S. savings bonds and
notes, and such other Contracts and subcontracts as the Director of OFCCP may
designate.
(e) Incorporation by operation of the order. By operation of the order, the equal opportunity
clause shall be considered to be a part of every Contract and subcontract required by
the order and the regulations in this part to include such a clause whether or not it is
physically incorporated in such Contracts and whether or not the Contract between the
agency and the Contractor is written.
(f) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
(D) [Where applicable, all Contracts awarded by the non-Federal entity in excess of $100,000
that involve the employment of mechanics or laborers]
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Contractor
must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-
3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to
compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or Contracts for
transportation or transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
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is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (a) of this section, in the sum of $26 for each calendar
day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
(E) [If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a)]
Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by
the Contractor or the City with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the parties must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Contracts,” and any implementing regulations issued by the awarding agency.
(F) [Contracts and subgrants of amounts in excess of $150,000]
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to
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the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
(G) [For Contract awards (see 2 CFR 180.220)]
Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests
that it is not listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, the Contractor is required to verify that none of the C ontractor’s
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
(H) [For Contracts exceeding $100,000]
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it
has certified that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
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agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
(I) [All Contracts]
Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with
all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the
EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(J) [All Contracts]
Prohibition on certain telecommunications and video surveillance services or equipment (2
CFR §200.216). Contractor is prohibited from using equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in
Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
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such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the
government of a covered foreign country.
(K) [All Contracts]
2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the
extent consistent with law, Contractor should, to the greatest extent practicable, prefer the
purchase, acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards including all
Contracts and purchase orders for work or products under this award.
(L) [All Contracts]
2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises,
and Labor Surplus Area Firms. The City will take affirmative steps to solicit and include
small, minority, and women-owned businesses when possible in an effort to encourage
participation and fair competition in providing supplies/services described in this
solicitation. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must
include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure
that minority businesses, women’s business enterprises, and labor surplus area firms are
used as required by 2 C.F.R. § 200.321.
(M) Bid Protest Procedures
City of Fort Collins Bid Protest Procedures. The City of Fort Collins has a protest
procedure covering any phase of solicitation or award, including but not limited to
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specification or award. The protest procedures are available from the Purchasing
Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort
Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
(N) Title VI of the Civil Rights Act of 1964 - The sub-grantee, contractor, subcontractor,
successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of
1964, which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI also
includes protection to persons with “Limited English Proficiency” in any program or activity
receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the
Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein
incorporated by reference and made a part of this contract or agreement.
(O) Increasing Seat Belt Use in the United States – Pursuant to Executive Order 13043, 62
FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-
the-job seat belt policies and programs for their employees when operating company-
owned, rented, or personally owned vehicles.
(P) Reducing Text Messaging While Driving – Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and the City has
established workplace safety policies to decrease accidents caused by distracted drivers.
(Q) Publications – Any publications produced under this contract or agreement must display
the following language: “This project is being supported, in whole or in part, by federal
award number 21.019 awarded to the City of Fort Collins by the U.S. Department of the
Treasury.”
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Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
CERTIFICATION
The Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying
Amendment. The Contractor attests that it has certified that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any
Federal Contract, grant or any other award covered by 31 U.S.C.1352. The Contractor further
attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply
to this certification and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
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IX. AREA MAPS
Please see the attached maps for an overview of the initial planned project area boundary
and proposed fiber network route where Work may be performed. The City plans to utilize
the contract(s) awarded under this RFP for other similar projects undertaken by Connexion.
Bellvue
Substation
Legend
CPF Proposed Funded Service Area
Planned
Location Eligibility
Eligible - Unserved
Eligible - Underserved
Ineligible - Funded
Ineligible - Served
Proposed Fiber Network Route
Proposed Fiber Network Route
PVREA Substations
0 1 2
Miles
LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023
Date Exported: September 2023
CBO - Capital Projects Fund
Fort Collins Connexion
Proposed Project Area Boundary
And Proposed Fiber Network Route
Bellvue
Substation
Poudre
Substation
Legend
CPF Proposed Funded Service Area
Planned
Project Proposed Fiber Route
PVREA Substations
PVREA Existing Fiber
Connexion Feeder Fiber Network
0 1 2 3 4
Miles
LayoutName: CPF Grant Exhibits Layout ProjectName: CPF Larimer County 2023
Date Exported: September 2023
CBO - Capital Projects Fund
Fort Collins Connexion
Proposed Project Overview