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RFP 10070 Wildfire Ready Action Plan Page 1 of 51
REQUEST FOR PROPOSAL
10070 WILDFIRE READY ACTION PLAN
RFP DUE: 3:00 PM MT (Mountain Time), November 15th, 2024
The City of Fort Collins is requesting proposals from qualified Consultants to help conduct the
Wildfire Ready Action Plan Framework Study and develop the Wildfire Ready Action Plan (WRAP)
for the Poudre Water Supply Infrastructure. This project is federally funded and subject to 2 CFR
Part 200 Subpart D – Procurement Standards including the federal terms and conditions attached
to the sample Service Agreement incorporated into this Request for Proposal (RFP).
Rocky Mountain E-Purchasing System hosted by BidNet
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
All questions should be submitted, in writing via email, to Moutaz Badawi, Buyer II at
abadawi@fcgov.com, no later than 3:00 PM MT on October 25th, 2024. Please format your
e-mail to include RFP 10070 Wildfire Ready Action Plan 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.
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.
nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10070 Wildfire Ready Action Plan Page 2 of 51
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, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
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 Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Consultant shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
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Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Consultants to help conduct
the Wildfire Ready Action Plan Framework Study and develop the Wildfire Ready Action
Plan (WRAP) for the Poudre Water Supply Infrastructure. The goal of this project is to
develop a WRAP to address the susceptibility of shared water supplies and a network of
water supply infrastructure owned and operated by the City of Fort Collins, City of Greeley,
and Water Supply and Storage Company (Project Partners) to the threat of wildfire. The
Colorado Water Conservation Board (CWCB) has outlined a six-step approach through
the Wildfire Ready Watersheds (WRW) Program that the Consultant, in coordination with
the City of Fort Collins Project Manager and Core Project Team, will use to first evaluate
the susceptibility of their water infrastructure to post-fire hazards (WRW Framework Study)
and then develop a WRAP that outlines actions that may be taken to reduce these impacts
before and after a wildfire occurs. This project is federally funded and subject to 2 CFR
Part 200 Subpart D – Procurement Standards including the federal terms and conditions
attached to the sample Service Agreement incorporated into this Request for Proposal
(RFP).
B. Background
The Cache la Poudre (CLP) watershed headwaters begin within the Arapaho-Roosevelt
National Forest and drain down through the City of Fort Collins and urban areas of the
Front Range until its confluence with the South Platte River, east of Greeley. The
watershed is a valuable shared resource between local municipalities, agriculture, and
recreational stakeholders due to the large geographic area of the watershed, prominence
through urban areas, and high-quality drinking water supply.
A network of critical water supply infrastructure is located near the watershed divide at
Cameron Pass on Highway 14, which the City of Fort Collins, City of Greeley, and Water
Supply and Storage Company (WSSC) use to manage their water supplies (Figure 1). Joe
Wright Reservoir and Michigan Ditch are owned and operated by Fort Collins and provide
nearly 11% of the City’s average annual system water yield. The Michigan Ditch is a trans-
basin diversion that diverts water from the headwaters of the Michigan River in the North
Platte River Basin to Joe Wright Creek in the Poudre River Basin. Water diverted via the
Michigan Ditch enters Joe Wright Creek and is stored in Joe Wright Reservoir. Releases
from Joe Wright Reservoir flow down Joe Wright Creek and through Chambers Lake
before entering the mainstem CLP River. This water is then diverted at Fort Collins’
diversion and treated at Fort Collins Utilities’ Water Treatment Facility.
Chambers Lake is owned by WSSC and jointly operated by WSSC and Greeley.
Chambers Lake is a critical water supply for agricultural water users in both Larimer and
Weld counties. Barnes Meadow Reservoir and Peterson Lake are owned and operated
by Greeley. Water is released from Barnes Meadow Reservoir into the mainstem CLP
River and treated at Greeley’s Bellvue Water Treatment Plant to meet the city’s water
demand in the summer. Nearby, Peterson Lake releases fulfill agricultural water leases
that are essential to supporting the Weld County economy. In the future, Chambers Lake,
Barnes Meadow Reservoir, and Peterson Lake will act as critical infrastructure to meet the
water needs of Greeley’s rapidly increasing population and provide essential operational
flexibility.
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The combined water supply system is also used to improve flows and enhance the aquatic
environment in the upper CLP River in the winter months as part of a cooperative
agreement between Fort Collins, Greeley, and WSSC known as the Joint Operations Plan
(JOP). The JOP provides 10 cubic feet per second from November through March using
Joe Wright Reservoir, Barnes Meadow Reservoir, and Chambers Lake to make releases
to the Fort Collins’ and Greeley’s drinking water intake diversions near the mouth of the
Poudre River canyon. These coordinated releases not only benefit the environment but
also ensure that critical municipal water rights can be exercised when natural winter base
flow is otherwise insufficient to divert.
Protecting the physical infrastructure and the water stored and conveyed by this water
supply infrastructure is a high priority for Fort Collins, Greeley, and WSSC to ensure
adequate delivery of reliable and high-quality water supplies to their downstream users
and to improve flows in the upper CLP River. The highest risk to the watersheds that
deliver water to these assets, as identified in the Fort Collins’ Source Water Protection
Plan (SWPP), is catastrophic wildfire. The goal of this project is to collectively develop a
WRAP to address the susceptibility of critical water supplies and infrastructure to post-
wildfire impacts and hazards in the Upper CLP and North Platte watersheds. The first
objective is to provide Project Partners with mitigation strategies to address the impacts
of wildfire hazards on their shared resources through actions that may be taken both
before and after a wildfire occurs. The second objective is to take a collaborative approach
to developing the Poudre Water Supply Infrastructure WRAP. This will involve targeted
and intentional stakeholder outreach and engagement throughout the planning process to
1) understand all stakeholders’ needs and concerns and 2) use this information to develop
mitigation strategies that provide multiple benefits. Lastly, the Project Partners intend to
develop a highly implementable plan. Early and often communication, engagement, and
outreach with key watershed stakeholders will be critical to establish broad support for the
WRAP, which will lay the foundation for future collaborations to 1) implement projects
before a wildfire occurs and 2) proactively and efficiently respond during and after a
wildfire.
DEFINITIONS AND SUMMARY OF RELATED WORK
CME Team – The City of Fort Collins Communications, Marketing, and Engagement
Team. This team will be responsible for leading communications, marketing, and
engagement efforts for the project.
CLP – Cache la Poudre
CPRW – Coalition for the Poudre River Watershed
JOP – Joint Operations Plan
RHAF – The River Health Assessment Framework is a guide for evaluating the physical,
chemical, and biological processes that support river health and function.
Upper Poudre Resiliency Plan – The Upper Poudre Resiliency Plan provides an analysis
of forest health and watershed resiliency in the Upper Cache la Poudre Watershed. The
plan is used by CPRW and other stakeholders to prioritize areas for forest restoration and
other management actions to increase watershed resilience. Analyses already completed
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for this plan will meet some of the requirements of the WRW Framework Study and can
be leveraged to support the development of the WRAP.
WRAP – Wildfire Ready Action Plan
WRW – Wildfire Ready Watersheds
Core Team – The planning team consists of representatives from the partner agencies
(Fort Collins, Greeley, and WSSC).
WRW Framework Study – Tasks 3 – 5 outlined in this scope of work.
WRW Target Area – The watershed boundaries that define the geographic scope for the
study and WRAP.
WRW Working Group – A group of key stakeholders in the WRW Target Area that will
participate in the WRW Framework Study and development of the WRAP.
WSSC – Water Supply and Storage Company
C. SCOPE OF PROPOSAL
Figure 1. The Wildfire Ready Action Plan target area includes the combined Joe Wright Creek,
Peterson Reservoir, and Upper Michigan River watersheds. These watersheds encompass critical
shared water supplies and infrastructure for the cities of Fort Collins and Greeley, and Water Supply
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A. Scope of Work
The Project Partners are seeking a qualified Consultant to help conduct the WRW Framework
Study and develop the Wildfire Ready Action Plan (WRAP) for the Poudre Water Supply
Infrastructure. The Consultant will accomplish this work by successfully supporting and/or
executing the following six tasks:
1. Vision and Establishment of Goals and Objectives
2. Stakeholder Collaboration, Community Outreach, and Public Meetings
3. Data Collection, Research, Review, and Gap Analysis
4. Post-Fire Hazard Analysis
5. Susceptibility Analysis
6. Pre- and Post-Disaster Planning and Mitigation Activities
Each task is intended to inform the subsequent task. The vision and goals/objectives
established in Task 1 will guide the project. Stakeholder collaboration, community outreach,
and public meetings (Task 2) will be held throughout the project. The culmination of
information collected in the WRW Framework Study (Task 3 – 5) will be used to develop a
WRAP in Task 6. These tasks are outlined in more detail below.
Task 1: Vision and Establishment of Goals and Objectives
Description of Task:
This task will be led by Fort Collins Utilities Customer Connections Division (CME Team) with
administrative and technical support from the Consultant and will focus on sharing and further
refining the WRAP vision through targeted stakeholder identification, analysis, outreach, and
engagement.
The Project Partners established a vision and goals for a WRW Framework Study. This effort
occurred over several meetings in late 2023 focused on identifying potential partners,
reviewing existing watershed planning efforts (i.e. Upper Poudre Resiliency Plan) and other
available resources to support the study, and defining the geographic area of concern (WRW
Target Area) for the study. The shared vision for this study is to develop a WRAP to address
the susceptibility of critical water supplies and infrastructure in the Cache la Poudre and North
Platte watersheds to post-wildfire impacts and hazards.
Key Work Tasks, Actions, and Responsibilities
Task 1.1 – Stakeholder Identification and Analysis: The CME Team will be the primary
lead on this task with technical support from the Consultant. The Consultant will work closely
with the Core Team and the CME Team to identify all relevant watershed stakeholders that
may be interested in or affected by the project; analyze risks and opportunities related to
stakeholders in the WRW Target Area; and develop strategies and tactics for targeted
communication, outreach, and engagement with each stakeholder. The Consultant will be
expected to participate in up to two planning meetings and two stakeholder inventory and
analysis meetings facilitated by the CME Team and support the documentation of meeting
outcomes.
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Task 1.2 – Stakeholder Engagement: The Consultant will support and participate in a series
of stakeholder engagement workshops, facilitated by the CME Team. The workshops will seek
to:
• Familiarize stakeholders with the vision and goals
• Identify stakeholder concerns and priorities
• Refine goals and objectives that address all post-fire hazards and assets at risk
• Identify opportunities to leverage existing data, plans, and resources
• Define stakeholder roles, responsibilities, and level of engagement
• Establish a WRW Working Group
• Finalize a vision and principles to guide the WRW Framework Study
The Consultant will be expected to participate in up to two planning meetings; prepare
presentations and materials for workshops; participate in up to three workshops; and
document workshop outcomes.
Task 1.3 – Agreements and Partnerships: The Consultant will support the development and
execution of agreements with partners and stakeholders. These agreements may outline
funding agreements, data sharing, resource support, or other resources that may be made
available for the WRW study.
Deliverables
• Summary of the stakeholder inventory and analysis
• Summary of stakeholder engagement workshops
• Partner and Stakeholder agreements developed and executed
Task 2: Stakeholder Collaboration, Community Outreach, and Public Meetings
Description of Task:
This task will be led by the Core Team with support from the CME and administrative and
technical support from the Consultant. This task will focus on communication with
stakeholders during the planning process to provide updates, solicit feedback, share study
findings and priorities, develop agreements, and keep stakeholders informed throughout the
development of the WRAP. Please specify your commitment and proposed responsibility to
this task after budgeting for all other tasks outlined in the scope of work.
Task 2.1 – Communication & Engagement Plan: The Communication and Engagement
Plan (C&E Plan) will outline communication strategies and outreach activities to share and
solicit information with stakeholders and the broader community during the WRW Framework
Study. The Consultant will participate in the development and implementation of the C&E Plan
for the duration of the contract.
Task 2.2 – Communication, Outreach & Engagement Activities: The Core Team, with
support from the CME Team and the Consultant, will communicate regularly with stakeholders
and lead and participate in outreach and engagement activities. Communication, outreach,
and engagement activities will be guided by the stakeholder identification and analysis
completed in Task 1 and the strategies and tactics outlined in the C&E Plan developed in Task
2.1.
The Consultant may be responsible for, but will not be limited to the following, which will be
further defined in the C&E Plan:
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• WRW Working Group meeting facilitation and coordination
• Develop and implement planning workshops or other targeted outreach to improve
education and awareness, and solicit stakeholder and community input
• Participate in public meetings to provide study updates and findings and solicit input
and ideas from community stakeholders, City Councils, and City Boards and
Commissions
• Provide technical information for communications and outreach support materials
• Coordinate with federal, state, and local agencies
• Plan and conduct partner coordination meetings
• Publicize the study, create press releases and memos, and develop other outreach
products
Deliverables:
• Technical material for fact sheets and informational brochures for outreach events
• Meeting agendas, presentations, and meeting minutes
• Technical information to support press releases, memos, and other outreach products
to be determined in the C&E Plan
Task 3: Data Collection, Research, Review, and Gap Analysis
Description of Task:
A considerable amount of data collection and analysis has been completed within the
proposed WRAP target area to support restoration efforts following the 2020 Cameron Peak
Wildfire and during the development of CPRW’s 2023 Upper Poudre Resiliency Plan. The
Consultant will identify, review, and document existing data collection efforts, relevant reports,
studies, or research in the WRW Target Area.
The Consultant will compile and organize all available data that can be leveraged to support
the WRW Framework Study and conduct a data gap analysis to determine additional data and
analysis needs. The WRW GIS Preparedness for Wildfire Planning and Recovery fact sheet
developed by CWCB will guide this effort.
Key Work Task, Actions, and Responsibilities:
The Consultant will coordinate with the Core Team, stakeholders, and partners to obtain,
compile, and organize available data for the WRW Target Area. This effort includes a data
gap analysis to determine additional data and analyses that are needed to support the WRW
Framework Study.
Task 3.1 – GIS Data Collection: The Consultant will coordinate with all stakeholders and
partners to identify relevant GIS data related to watershed features and characteristics,
hazards, assets and values, and basemap and supporting data that may be used to support
the study. All data collected will be summarized in a spreadsheet indicating the data name,
description, data origin, data format, link to websites where the data can be obtained, and a
summary of the data’s intended use. The data summary will directly reflect the GIS
Preparedness for Wildfire Planning and Recovery fact sheet developed by CWCB.
Task 3.2 – Reports, Studies, Research: The Consultant will research previous planning
studies, analyses, reports, and research within the WRW Target Area and provide a review of
each including a summary memorandum of the study contents and relevant information that
could be used to support the study.
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Task 3.4 – Infrastructure Operations: The Consultant will work with the Core Team to
gather information related to infrastructure operations for water supply and other values at risk
identified in the WRW Target Area. This information will include data related to system
redundancy, emergency operations, disaster response, and other operations and
maintenance activities that may be relevant to post-fire susceptibility and mitigation.
Task 3.5 – Stream Data Conditions Assessment: The Consultant will work with the Core
Team to select a subset of stream reaches within the WRW Target Area that may be suitable
for post-fire hazard mitigation. The Consultant will assess the existing physical conditions of
stream reaches, including geomorphological and riparian conditions. A River Health
Assessment of the Upper Poudre River Watershed was completed in 2019 before the
Cameron Peak Wildfire. The results from this assessment may be informative for unburned
areas in the WRW Target Area. CPRW’s recently completed River Health Assessment
Framework may serve as a tool to conduct additional assessments of the physical conditions
of stream reaches in areas burned by the Cameron Peak Wildfire or in unburned areas where
data do not exist (e.g. Upper Michigan River Watershed). A Stream Assessment Technical
Memorandum will be developed to summarize potential opportunities for mitigation that will
be advanced during the Pre-Fire Mitigation Planning in Task 6 (WRAP).
Task 3.6 – Gap Analysis: Once all available data have been collected and reviewed, the
Consultant will perform a data gap analysis to identify any necessary data that are not
available for the study in a usable GIS format. The Consultant will document any data gaps
and the potential effect on the study will be identified and categorized (i.e. Low, Moderate, or
High). The Consultant will provide a Data Needs and Recommendations memorandum that
summarizes any data gaps and provides recommended next steps for completing analyses
and evaluation of post-fire hazards in Task 4.
Deliverables:
• Data gap summary
o WRW GIS Folder Package and associated metadata
• Stream Assessment Technical Memorandum
• Annotated bibliography of all relevant reports, research, and studies
• Literature review summaries
• Tabulation summary of infrastructure operations
• Data Needs and Recommendations memorandum
Task 4: Post-Fire Hazard Analysis
Description of Task:
The Consultant will engage with the Working Group to collect the necessary information to
conduct post-fire hazard evaluations within the WRW Target Area. A comprehensive post-fire
hazard analysis was recently completed for CPRW’s Upper Poudre Resiliency Plan that
evaluated wildfire hazards, debris flow hazards, hillslope erosion hazards, and road hazards
to 7th-level watersheds. These analyses will be leveraged to support this task. The desired
geographic scope of each type of post-fire hazard analysis may be determined based on
values and assets at risk, expected post-fire hazard types, and the data necessary for pre-
disaster mitigation planning and design. Existing post-fire hazard data and the data gap
analysis documented in Task 3 will inform the analysis needs for this task.
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Key Work Task, Actions, and Responsibilities:
Task 4.1 – Pre-Hazard-Modeling Risk Assessment: The Consultant will provide a high-
level assessment of the WRW Target Area to determine where post-fire hazards likely exist
and where they may be a threat to water supplies and infrastructure. The purpose of this
assessment is to determine both the need for and level of detail appropriate for each hazard
type described below in Task 4.2 – Task 4.6. This assessment is meant to guide the
Consultant to refine hazard analyses to areas and stream reaches where there is a significant
risk to water supplies and infrastructure.
Task 4.2 – Pre- and Post-Fire Hydrology: The Consultant will conduct a hydrologic analysis
to compare pre- and post-fire hydrology for critical stream reaches determined in the Pre-
Hazard Modeling Risk Assessment (Task 4.1). The CWCB recommends either an HEC-HMS
or 2D Rain-on-Mesh analysis be performed using the NRCS SCS Runoff Curve Number
method to estimate initial losses and runoff. Runoff estimates will be estimated for the 2-, 5-,
10-, 25-, 50-, and 100-year rainfall events with corresponding ratios indicating magnitude of
increase in critical areas. A hydrology technical memorandum will be developed that
summarizes the results of the hydrologic evaluation. GIS layers shall be provided that include
results from the analysis. Please refer to the Guidance for Pre- and Post-Fire Hydrologic
Evaluations for WRAPs provided by the CWCB.
Task 4.3 – Post-Fire Hydraulics: The Consultant will develop a hydraulic model using the
completed post-fire hydrologic analysis (Task 4.2) to show both pre-fire and post-fire
hydraulics for critical stream reaches identified in the Pre-Hazard Modeling Risk Assessment
(Task 4.1). A hydraulic technical memorandum will be developed to summarize the results of
the hydraulic evaluations and highlight relevant findings and items to be considered as part of
the susceptibility analysis. GIS layers shall be provided that include results from the analysis.
Task 4.4 – Fluvial Hazard Zones: The Consultant will develop Fluvial Hazard Zone (FHZ)
delineations for critical stream reaches identified in the Pre-Hazard Modeling Risk
Assessment. The FHZ delineation will follow the “Colorado Fluvial Hazard Zone Delineation
Protocol” developed by the Colorado Water Conservation Board. An FHZ technical
memorandum will be developed for the evaluation including reach information sheets for study
reaches as well as narratives detailing the background information, data, and analyses
conducted to inform and carry out the FHZ delineation. GIS layers shall be provided that
include results from the analysis.
Task 4.5 – Debris Flow: Debris flow modeling was recently completed for 7th-level
watersheds, within the Joe Wright Creek watershed, Peterson Lake watershed, and portions
of the Headwaters Michigan River watershed, as part of the Upper Poudre Resiliency Plan
update. The Consultant will conduct debris flow modeling for critical areas identified in the
Pre-Hazard Modeling Risk Assessment (Task 4.1) that have not been analyzed for debris flow
hazard. The analyses will be used to identify debris flow probability and predict debris flow
volumes from specified rain events. A Debris Flow technical memorandum will be developed
summarizing the methods of the evaluations highlighting relevant findings and items to be
considered as part of the susceptibility analysis. GIS layers shall be provided that include
results from the analysis.
Task 4.6 – Hillslope Erosion: Hillslope erosion modeling was recently completed for 7th-
level watersheds, within the Joe Wright Creek watershed, Peterson Lake watershed, and
portions of the Headwaters Michigan River watershed, as part of the Upper Poudre Resiliency
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Plan update. The Consultant will conduct hillslope erosion modeling for critical areas identified
in the Pre-Hazard Modeling Risk Assessment (Task 4.1) that have not been analyzed for
debris flow hazard. A Hillslope Erosion Technical Memorandum will be developed for the
evaluation including modeling output and summaries of sediment yield and increases in
hillslope erosion. GIS layers shall be provided that include results from the analysis.
Deliverables:
• Executive summary of post-fire hazard evaluations completed under the WRW
Framework study including a discussion regarding the Pre-Hazard Modeling Risk
Assessment task and what areas or locations within the watershed were determined
to need further hazard evaluations
• Hydrology Technical Memorandum with all supporting documentation, model
computer files, and associated GIS data.
• Hydraulics Technical Memorandum with all supporting documentation, model
computer files, and associated GIS data.
• Fluvial Hazard Technical Memorandum with all supporting documentation, model
computer files, and associated GIS data.
• Debris Flow Technical Memorandum with all supporting documentation, model
computer files, and associated GIS data.
• Hillslope Erosion Technical Memorandum with all supporting documentation, model
computer files, and associated GIS data.
Task 5: Susceptibility Analysis
Description of Task:
A susceptibility analysis will be completed to evaluate post-wildfire hazard risk to stakeholder
values using the collected GIS data, relevant information and reports (Task 3), post-fire hazard
analyses (Task 4), and stakeholder values identified through outreach and engagement (Task
2). This assessment will identify and prioritize critical values at risk throughout the WRW
Target Area; however, there will be a focus on water supply and infrastructure.
Key Work Task, Actions, and Responsibilities:
Task 5.1 – Intersection of Values at Risk with Hazards (point-of-impact): The Consultant
will create a geospatial overlay, using available or developed hazard data, of the identified
stakeholder values and post-fire hazards. This evaluation will be based on the WRW
Framework Risk Matrix developed by CWCB. The intersection of assets and hazards will
generate a preliminary determination of whether assets are at risk from post-fire hazards.
Task 5.2 – Watershed Susceptibility Risk (watershed risk): The Consultant will use the
collected data and outcomes of Task 5.1 to compare post-fire susceptibility of HUC-14 (7th-
level) or smaller watersheds throughout the WRW Target Area. Watersheds should be
delineated at a scale that provides enough detail to address specific risks and identify
mitigation opportunities. The analysis will develop a risk rating score (i.e. low, moderate, or
high) to be used to understand the severity of post-fire impacts on stakeholder values at the
watershed level.
Task 5.3 – Susceptibility Analysis (stream corridor or stream reach risk): The Consultant
will use the outcomes of Tasks 5.1 and 5.2 to complete a susceptibility evaluation across the
WRW Target Area for relevant and probable post-fire hazard impacts. The primary focus of
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these evaluations will be on post-fire hazard impacts on water supplies and infrastructure,
which will include an evaluation of the following impacts:
• Loss of life
• Water infrastructure damage and post-fire maintenance
• Flooding and flood damage
• Debris flows
• Fluvial erosion/deposition and geomorphic change
• Transportation and utility interruptions
• Water quantity (supply, delivery, and redundancy)
• Water supply operations
• Drinking water quality (short-term and long-term impacts)
The susceptibility analysis will include specific details for each relevant impact.
Task 5.4 – Reporting and Mapping: A susceptibility report and web-based map
summarizing risk levels by watershed, infrastructure type, and life/property will be produced
based on the outcomes of Tasks 5.1 – 5.3.
Deliverables:
• Post-fire susceptibility report
• Post-fire susceptibility mapping including all supporting and developed GIS data
Task 6: Pre-Disaster Planning and Mitigation Activities
Description of Task:
Building on the WRW Framework Study developed in Tasks 3 – 5, the Consultant will engage
with the Working Group to develop a WRAP that outlines both:
• Pre-Fire Actions: Actions, management strategies, and mitigation projects that can
be implemented before a wildfire to protect water supplies and infrastructure, and other
values at risk, from post-fire hazards, and
• Post-Fire Actions: Actions, management strategies, and mitigation projects that can
be implemented following a fire to protect water supplies and infrastructure, and other
values at risk.
The outcome of this effort will produce two types of action plans:
1. Pre-disaster preparedness plan
2. Post-disaster preparedness plan
Estimates of implementation costs, permit requirements, timelines, stakeholders, and lead
agency (project manager) will be provided for all identified pre-fire and post-fire actions.
Key Work Task, Actions, and Responsibilities:
6.1 – Pre-Disaster Preparedness Plan
Task 6.1.1 – Pre-Fire Mitigation Actions: The Consultant will develop a list of possible
actions to protect infrastructure or values at risk from post-fire hazards. The types of mitigation
actions will likely fall into the following categories:
RFP 10070 Wildfire Ready Action Plan Page 14 of 51
• Watershed and stream restoration: This action will identify watershed, floodplain, or
stream corridor improvements that can mitigate post-fire hazards.
• Infrastructure protection and upgrades: This action will consider improvements to
existing infrastructure.
• Warning systems: This action will consider the implementation of a comprehensive
hazard early warning system.
• Water supply systems: This action will consider strategies to enhance the reliability of
water supply and delivery.
• Burn severity mitigation and fire prevention: These actions will consider forest health,
fuels mitigation, and other wildfire mitigation planning efforts.
• Risk mitigation infrastructure: This action will focus on efforts that reduce the likelihood
that a hazard will affect critical assets.
Task 6.1.2 – Site Suitability Evaluation: Using the Stream Data Conditions Assessment
from Task 3, the Consultant will evaluate the suitability of locations within the WRW Target
Area and along river corridors to support mitigation projects that enhance floodplain
connectivity, provide sediment storage, create floodplain storage, increase riparian corridors
and vegetative diversity, and incorporate restoration practices that complement the overall
goals and objectives of the WRAP. Additionally, the suitability evaluation should identify
temporal, geographical, legal, or administrative constraints and opportunities that may limit or
assist in the ability to meet goals and objectives. The Site Suitability Evaluation “Project Data
Sheets” developed by CWCB will be used to develop and summarize information for each
identified action.
Task 6.1.3 – Funding: The Consultant will research and document available federal, state,
and local funding opportunities and create a funding program summary that outlines how
funding can be used and leveraged to implement the actions and projects identified in Task
6.1.1 and Task 6.1.2.
Task 6.1.4 – Project Prioritization: The Consultant will develop a prioritization plan for all
identified pre-fire mitigation actions and projects identified in Task 6.1.1 and Task 6.1.2.
Task 6.1.5 – Pre-Disaster Preparedness Plan: The Consultant will develop a Pre-Fire
Preparedness Plan. The plan will provide a summary of all recommended major actions,
strategies, and projects identified in Task 6.1.1 – Task 6.1.4. A map will be developed that
shows the locations of the proposed actions, strategies, and projects.
Deliverables:
• Pre-Disaster Preparedness Plan
• Pre-Disaster action mapping including all supporting and developed GIS data
• Online web map displaying proposed mitigation activities (if funding allows)
6.2 – Post-Disaster Preparedness Plan
Task 6.2.1 – Post-Fire Mitigation Actions: The Consultant will develop a list of actions that
might be taken to further assess post-fire hazards, implement warning systems, and protect
infrastructure or values-at-risk from post-fire hazards. The types of mitigation actions will likely
fall into the following categories:
RFP 10070 Wildfire Ready Action Plan Page 15 of 51
• Post-fire assessments: This action will identify needed post-fire assessments, the
process for obtaining/procuring these analyses, timelines, and how the information will
be distributed and shared.
• GIS data preparedness: This action will identify available GIS data and a plan to
regularly update data when newer versions become available.
• Warning systems: This action will consider the development of a comprehensive
hazard warning system.
• Contracting: This action will consider pre-disaster contracting and agreement
development with contractors who can implement fire recovery actions.
• Interagency community/coordination strategies: This action will consider the
development of agreements between key stakeholders who will support, fund, and
implement recovery projects.
• Infrastructure upgrades: This action will consider infrastructure improvements and
removal/abandonment or replacement of existing infrastructure following a fire.
• Post-fire recovery actions: This action will determine general locations where certain
post-fire recovery treatments might be necessary.
Task 6.2.2 – Roles and Responsibility: The Consultant will develop guidance and
communications for responding to post-fire recovery and determine roles and responsibilities.
Task 6.2.3 – Financial Needs: The Consultant will work with the Working Group and state
and county officials to determine an estimate of the financial needs of the state and counties
in the face of a disaster. A budget estimate will be developed that can be used as a
justification for emergency funding requests.
Task 6.2.4 – Financial Capability: The Consultant will determine the capability of agencies,
stakeholders, and partners to provide local match for disaster recovery funding.
Task 6.2.5 – Permitting: The Consultant will support the development of a disaster response
permitting process.
Task 6.2.6 – Post-Disaster Preparedness Plan: The Consultant will develop a Post-
Disaster Preparedness Plan. The plan will provide a summary of all recommended major
actions, strategies, and projects identified in Task 6.2.1 – Task 6.2.5. A WRW Target Area
map will be developed that shows the locations of the proposed actions.
Deliverables:
• Post-Disaster Preparedness Plan
• Post-Disaster action mapping including all supporting and developed GIS data
• Online web map displaying proposed mitigation activities (if funding allows)
Task 7: Project Management and Administration
Description of Task:
The Consultant team’s Project Manager will coordinate with the City of Fort Collins’ Project
Manager to provide the overall project management of the development of the WRAP. The
Project Managers will manage all tasks required to perform design services, partners,
stakeholders, planning team, specialists, regulatory agencies, local governments, and other
government partners. This work will include:
• Supervising all Consultant and sub-consultant team operations;
RFP 10070 Wildfire Ready Action Plan Page 16 of 51
• Preparing/supporting development of bi-annual (six-month) progress reports to CWCB
along with a final project report;
• Supporting and participating in outreach and engagement efforts; and
• Monitoring progress of overall planning effort.
Key Work Task, Actions, and Responsibilities:
7.1 – Project Management: The City of Fort Collins will:
• Provide overall project management, task management, and contractor management.
• Be the single point of contact to answer questions related to the WRW Framework
Study.
• Provide grant administration, invoicing, and administrative functions.
• Be the primary point of contact for CWCB.
• Provide six-month and a final progress report, compile reimbursement documentation,
and final reporting
The Consultant will:
• Provide overall project management, task management, and subcontractor
management.
• Serve as point of contact for technical tasks and associated project deliverables
related to the WRW Framework Study and WRAP.
• Provide routine communications related to project updates, schedule and timeline,
project budget and invoicing, and reporting.
• Support grant reporting requirements and participate in CWCB’s project review
process.
7.2 – Communications: The Consultant will provide routine communications to the City
Project Manager as determined during the project kick-off meeting.
7.3 – Project Invoicing and Reporting: The Consultant will prepare and submit monthly
progress reports and invoices. A written summary of progress presented as percent complete
for specific work tasks will be included with all invoices.
7.4 – Coordination and Progress Meetings: The Consultant will work with the City’s Project
Manager to coordinate all meetings including:
• Project progress meetings,
• Stakeholder collaboration,
• Recovery partner discussions,
• Public Outreach,
• Field visits and investigations, and
• All other related and necessary meetings to successfully collaborate with all partners
and stakeholders
7.5 – Consultant Management: The Core Team will meet periodically (approximately every
month for the duration of the project) with the Consultant. The purpose of these meetings is
as follows:
RFP 10070 Wildfire Ready Action Plan Page 17 of 51
• To review project progress and schedules,
• To ensure services comply with the requirements of this scope of work and related
guidance documents;
• To obtain data and general information as appropriate;
• To obtain updated information, if and as available, relative to new and proposed
development plans in the WRAP target area.
Deliverables:
• Project management plan.
• Grant reimbursement and reporting documentation will be provided, as needed.
• Project schedule and schedule updates to be provided for progress reports.
• Meeting agendas and meeting minutes.
B. Project Deliverables/Milestones
The Consultant shall prepare detailed project plans to implement. The project plans must
provide a timeline, from the contract award to Go-Live.
Project timeline must conform to our milestone implementation timeline as follows:
(Dates subject to change)
Wildfire Ready Watersheds
Wildfire Ready Action Plan Schedule
Item Duration Start Date/Milestone End Date Weeks Start Date End Date
Notice to Proceed 1/1/2025
Task 1: Capacity Building, Vision, and
Establishment of Goals and Objectives 1/1/2025 2/26/2025
Task 2: Stakeholder Collaboration, Community
Outreach, and Public Meetings 1/1/2025 2/25/2026
Gap Analysis 2/26/2025 5/7/2025
Task 4: Post Fire Hazard Analysis 5/7/2025 7/30/2025
Post Fire Hazard Analysis Summary Documents 7/30/2025
Task 5: Susceptibility Analysis 7/30/2025 11/5/2025
Post Fire Susceptibility Report 11/5/2025
Task 6: Pre-Disaster Mitigation Activities 11/5/2025 2/25/2026
Final WRW Report Submittals 2/25/2026
RFP 10070 Wildfire Ready Action Plan Page 18 of 51
Task 7: Project Management and
Administration Full Project 1/1/2025 2/25/2026
C. Minimum Qualifications
The Project Partners are seeking a qualified Consultant to help conduct the WRW Framework
Study and develop the Wildfire Ready Action Plan (WRAP) for the Poudre Water Supply
Infrastructure. The Consultant will accomplish this work by successfully supporting and/or
executing the following six tasks:
1. Vision and Establishment of Goals and Objectives
2. Stakeholder Collaboration, Community Outreach, and Public Meetings
3. Data Collection, Research, Review, and Gap Analysis
4. Post-Fire Hazard Analysis
5. Susceptibility Analysis
6. Pre- and Post-Disaster Planning and Mitigation Activities
D. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: October 11th, 2024
• Question deadline: 3:00 PM MT on October 25th, 2024
• Final Addendum Issued: November 1st, 2024
• Proposal due date: 3:00 PM MT on November 15th, 2024
E. 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 III.
F. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Consultant will be required to
provide original receipts to the City for all travel expenses.
G. 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;
therefore, subcontractors and/or subconsultants will be the responsibility of the
Consultant.
H. 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
RFP 10070 Wildfire Ready Action Plan Page 19 of 51
statement, as well as a statement of cash flows (the “Financial Information”).
I. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
J. Fees, Licenses, Permits
The successful Consultant shall be responsible for obtaining any necessary licenses, fees
or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
K. Laws and Regulations
The 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).
L. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the 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 detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
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.
II. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (20) 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 10070 Wildfire Ready Action Plan Page 20 of 51
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Consultant Information
1. Describe the Consultant 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. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Consultant.
7. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Is the project team available to attend meetings as required by the Scope of Work?
10. Provide an outline of the schedule for completing tasks.
RFP 10070 Wildfire Ready Action Plan Page 21 of 51
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page.
2. 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 Consultant 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.
3. 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.
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.
RFP 10070 Wildfire Ready Action Plan Page 22 of 51
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
In accordance with 2 CFR 200.318, time-and-materials type contracts require the cost to
be the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and
administrative expenses, and profit.
In your response to this proposal, please provide the following:
1. Estimated Hours and Billing Rates by Task: Provide estimated hours and hourly billing
rates for each proposed task by job title and employee name, including the time
required for meetings, conference calls, etc.
2. The project has an allocated budget range of $180,000 to $200,000.
3. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for the Scope of Proposal. Price all additional
services/deliverables separately.
4. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. A fee schedule
for subconsultants/subcontractors, if used, shall be included.
5. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. Consultant will be
required to provide original receipts to the City for all travel expenses.
G. Sample Agreement
Included with this request for proposal, attached as Section VI, 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.
H. Acknowledgement
The Acknowledgement form is attached as Section IV. 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 of the terms, conditions and other provisions set forth in the RFP. Additionally,
Consultants must complete Section V – Certification Regarding Lobbying and include in
their proposals.
RFP 10070 Wildfire Ready Action Plan Page 23 of 51
III. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Consultants 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.
CRITERIA
NUMBER
RFP 10070 Wildfire Ready Action Plan Page 24 of 51
IV. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
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 10070 Wildfire Ready Action Plan 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 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 and attached 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:
RFP 10070 Wildfire Ready Action Plan Page 25 of 51
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Last updated 5/2024
RFP 10070 Wildfire Ready Action Plan Page 26 of 51
V. CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] 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). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(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.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such expenditure or 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.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
Official Purchasing Document
Last updated 5/2024
RFP 10070 Wildfire Ready Action Plan Page 27 of 51
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and entered
into the day and year set forth in the Agreement Period section below by and between the CITY
OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and , a(n)
[enter state] [business type] (PROFESSIONAL).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The PROFESSIONAL agrees to provide Services in accordance with the
Scope of Services (Services) attached as Exhibit A, consisting of [# of Pages] and
incorporated herein. Irrespective of references in to named third parties in this
AGREEMENT and its Exhibits, the PROFESSIONAL shall be solely responsible for
performance of all duties hereunder.
2. Project Schedule. The Services to be performed pursuant to this AGREEMENT shall be
performed in accordance with the Project Schedule attached hereto as Exhibit [choose one],
consisting of [# of Pages], and incorporated herein.
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. 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-year periods not to exceed [choose one] additional one-year
period(s). Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. [Any price changes shall not exceed percent (%)
per annual renewal]. Written notice of renewal shall be provided to the PROFESSIONAL
no later than thirty (30) days prior to AGREEMENT end.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at least
ten (10) calendar days written notice of termination to the PROFESSIONAL.
In the event of early termination by the CITY, the PROFESSIONAL shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall submit a
final invoice within ten (10) calendar days of the effective date of termination. Payment shall
be the PROFESSIONAL's sole right and remedy for termination.
Official Purchasing Document
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6. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
PROFESSIONAL: CITY: Copy to:
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the PROFESSIONAL [on a time and reimbursable
direct cost basis] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the amount of
???? ($????) plus reimbursable direct costs. All such fees and costs shall not exceed ????
($????)] in accordance with Exhibit [choose one], consisting of [# of Pages], attached and
incorporated herein. Monthly partial payments based upon the PROFESSIONAL's billings
and itemized statements are permissible. The amounts of all such partial payments shall
be based upon the PROFESSIONAL's CITY-verified progress in completing the Services to
be performed pursuant hereto and upon the CITY's approval of the PROFESSIONAL's
actual reimbursable expenses. Final payment shall be made following acceptance of the
Services by the CITY.
Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project Manager.
The cost of the work completed shall be paid to the PROFESSIONAL following the submittal
of a correct itemized invoice by the PROFESSIONAL. The CITY is exempt from sales and
use tax. The CITY’s Certificate of Exemption license number is 09804502. A copy of the
license is available upon written request.
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The PROFESSIONAL warrants and shall be responsible for
the professional quality, technical accuracy, accessibility requirements under ADA and
Public Accommodations and Technology Accessibility sections below, timely completion
and the coordination of all Services rendered by the PROFESSIONAL, and the Project
Instruments as defined in the Project Instruments and License section below. The
PROFESSIONAL shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies from such standards.
9. Indemnification. The PROFESSIONAL shall indemnify, defend, and hold harmless the CITY
and its officers and employees, to the maximum extent permitted under Colorado law,
against and from any and all actions, suits, claims, demands, or liability of any character
whatsoever claimed by the PROFESSIONAL or third parties against the CITY arising out of
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or related to this AGREEMENT (including but not limited to contract, tort, intellectual
property, accessibility, or otherwise). This obligation extends to reimbursement of the
CITY's defense costs and reasonable attorney’s fees.
10. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit
[choose one], consisting of [# of Pages], attached 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 Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City
Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall
have no obligation to continue this AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-
builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and other 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 use the
Project Instruments for similar projects, provided however, in such event the
PROFESSIONAL shall not be held responsible for the design to the extent the CITY
deviates from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment of each invoice, associated Project Instruments rendered by the
PROFESSIONAL shall become the CITY’s property. The PROFESSIONAL shall
provide the CITY with the Project Instruments in electronic format in a mutually agreed
upon file type.
13. City Project Manager. The CITY will designate, before commencement of the Services, the
CITY Project Manager who shall make, within the scope of their authority, all necessary and
proper decisions with reference to the Services provided under this AGREEMENT. All
requests for contract interpretations, change order, and other clarification or instruction shall
be directed to the CITY Project Manager.
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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 Exhibit A – Scope of
Services and shall be submitted to the CITY Project Manager. Failure to provide any
required status report may result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the PROFESSIONAL are those
of an independent contractor and not of an employee of the CITY. The CITY shall not be
responsible for withholding or remitting any portion of the PROFESSIONAL's compensation
hereunder or any other amounts on behalf of PROFESSIONAL for the payment of FICA,
Workers' Compensation, unemployment insurance, other taxes or benefits or for any other
purpose.
16. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the PROFESSIONAL and that this AGREEMENT shall be considered
as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL shall neither
assign any responsibilities nor delegate any duties arising under this AGREEMENT without
the prior written consent of the CITY.
17. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the
Services 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 must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work;
b. the subcontractor will be required to comply with all applicable terms of this
AGREEMENT;
c. the subcontract will not create any contractual relationship between any such
subcontractor and the CITY, nor will it obligate the CITY to pay or see to the payment of
any subcontractor; and
d. the work of the subcontractor will be subject to inspection by the CITY to the same extent
as the work of the PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing Services
hereunder to maintain insurance coverage naming the CITY as an additional insured
under this AGREEMENT and Exhibit [choose one], consisting of [# of Pages], attached
and incorporated herein. The PROFESSIONAL shall maintain a copy of each
subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon
request, the PROFESSIONAL shall promptly provide the CITY with a copy of the
certificate(s).
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The PROFESSIONAL shall be responsible for any liability directly or indirectly arising out of
the Services performed under this AGREEMENT by a subcontractor/subconsultant, which
liability is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the PROFESSIONAL of responsibility for the quality or technical
accuracy of the Services. The CITY's approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided to
the CITY under this AGREEMENT.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
of this AGREEMENT. In the event either party should fail to or refuse to perform according
to the terms of this AGREEMENT, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the AGREEMENT and seek damages;
b. treat the AGREEMENT as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT
of the parties regarding this transaction and the matter recited herein. This AGREEMENT
supersedes 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, heirs, personal
representatives, successors and assigns of said parties. Covenants or representations
regarding the matter recited herein, not contained in this AGREEMENT shall not be binding
on the parties. In the event of a conflict between terms of the AGREEMENT and any exhibit
or attachment, the terms of the AGREEMENT shall prevail. Each person executing this
AGREEMENT affirms that they have the necessary authority to sign on behalf of their
respective party and to bind that 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
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will be 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 Agency
shall not have a negative impact on the CITY in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for
the CITY in connection with the exercise of any rights hereunder, and neither party shall
have any right or authority to assume or create any obligation or responsibility on behalf of
the other. The other Agency shall be solely responsible for any debts, liabilities, damages,
claims or expenses incurred in connection with any agreement established solely between
the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder is subject to the
PROFESSIONAL’s commitment that this authorization shall not have a negative impact on
the Services to be completed for the CITY.
24. Prohibition Against Unlawful Discrimination. The PROFESSIONAL acknowledges that the
CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or
Federal laws and regulations, strictly prohibits unlawful discrimination based on an
individual’s gender (regardless of gender identity or gender expression), race, color, religion,
creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to CITY
policy, sexual orientation means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the CITY strictly
prohibits unlawful retaliation against a person who engages in protected activity. Protected
activity includes an employee complaining that the employee has been discriminated
against in violation of the above policy or participating in an employment discrimination
proceeding.
The PROFESSIONAL shall comply with the CITY’s policy for equal employment opportunity
and prohibit unlawful discrimination, harassment and retaliation. This requirement also
applies to all third-party subcontractors/subconsultants at every tier.
25. ADA and Public Accommodations. In performing the Services required hereunder, the
PROFESSIONAL agrees to meet all requirements of the Americans with Disabilities Act of
1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable
Colorado public accommodation laws, which are imposed directly on the PROFESSIONAL
or which would be imposed on the CITY as a public entity.
26. Technology Accessibility. The PROFESSIONAL represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
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Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The PROFESSIONAL shall also comply with all State of Colorado technology standards
related to technology accessibility and with Level AA of the most current version of the Web
Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the PROFESSIONAL may
be required to demonstrate compliance. The PROFESSIONAL shall indemnify, save, and
hold harmless the CITY against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY
in relation to the PROFESSIONAL’s failure to comply with C.R.S. § 24-85-101, or the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
The CITY may require the PROFESSIONAL’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the CITY to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
27. Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act).
PROFESSIONAL shall ensure that each person processing any personal data connected
to the Services is subject to a duty of confidentiality with respect to the data. If applicable,
PROFESSIONAL shall require that any subcontractors meet the obligations of
PROFESSIONAL with respect to any personal data connected to this AGREEMENT. The
Parties agree that upon termination of the Services that PROFESSIONAL shall, at the
CITY’s choice, delete or return all personal data to the CITY unless retention of the personal
data is required by law. PROFESSIONAL shall make available to the CITY all information
necessary to demonstrate compliance with the obligations of the Privacy Act.
PROFESSIONAL shall allow for, and contribute to, reasonable audits and inspections by
the CITY or the CITY’s designated auditor.
28. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed
or interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable
law.
29. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200
(CORA), and documents in the CITY’s possession may be considered public records
subject to disclosure under the CORA.
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30. Delay. Time is of the essence. Subject to Force Majeure, if the PROFESSIONAL is
temporarily delayed in whole or in part from performing its obligations, then the
PROFESSIONAL shall provide written notice to the CITY within two (2) business days
defining the nature of the delay. Provision of written notice under this Section shall not
operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT.
31. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the PROFESSIONAL must provide notice to the CITY of such
condition within ten (10) calendar days from the onset of the condition.
32. Special Provisions. Special provisions or conditions relating to the Services to be performed
pursuant to this AGREEMENT are set forth in Exhibit D - Confidentiality, consisting of four
(4) pages, Exhibit E – American Rescue Plan Act Terms and Conditions, consisting of nine
(9) pages, attached hereto incorporated herein
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, and
c. The Purchase Order document.
34. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver
of any provision above. Any terms included in any Exhibit or other attachment that requires
the CITY to indemnify or hold PROFESSIONAL harmless; requires the CITY to agree to
binding arbitration; limits PROFESSIONAL’s liability; or that conflicts with statute, City
Charter or City Code in any way, shall be void.
[Signature Page Follows]
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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
SCOPE OF SERVICES
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EXHIBIT B
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 C
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 such 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.
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EXHIBIT D
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 E
AMERICAN RESCUE PLAN ACT TERMS & CONDITIONS
APPENDIX II TO CFR 2 PART 200: CONTRACT PROVISIONS FOR NON-FEDERAL
ENTITY CONTRACTS UNDER FEDERAL AWARDS
In the event of a conflict in terms between the Agreement and any Exhibit, the terms of this
Appendix II to CFR 2 Part 200 shall take precedence.
(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.]
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Termination.
Termination for Convenience. The City may terminate this Contract, in whole or in part,
for any reason, upon five (5) days written notice to the Contractor. In such event, the City
shall pay the Contractor its costs, including reasonable Contract close-out costs, and profit
on Work performed up to the time of termination. The Contractor shall promptly submit its
termination claim to the City to be paid the Contractor. If the Contractor has any property
in its possession belonging to the City, the Contractor will account for the same, and
dispose of it in a manner the City directs.
Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law, by or against Contractor, or the appointment of a receiver or similar officer for
Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days
after the institution of such proceeding, will also constitute a breach. In the event of a
breach, the non-breaching Party may provide written notice of the breach to the other
Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30)
days after delivery of notice, the non-breaching Party may exercise any of its remedies
provided under this Contract or at law, including immediate termination of the Contract.
(C) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the definition
of “federally assisted construction Contract” in 41 CFR Part 60-1.3]
Equal Employment Opportunity. Contractor agrees to comply with the Equal
Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41
CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.” Contractor further agrees to include this provision,
including the Equal Opportunity Clause or a reference thereto, in any subcontracts it
enters into pursuant to the Contract.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are
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.
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(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other Contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the
Contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government Contracts or federally assisted construction
Contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subContract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
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:
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Provided, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally
assisted construction work: Provided, that if the applicant so participating is a State or
local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work
on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or
Contract modification subject to Executive Order 11246 of September 24, 1965, with a
Contractor debarred from, or who has not demonstrated eligibility for, Government
Contracts and federally assisted construction Contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon Contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
(9) [Reserved]
(c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government Contracts and subcontracts, including
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
RFP 10070 Wildfire Ready Action Plan Page 47 of 51
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
(D) [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.
(E) BUILD AMERICA, BUY AMERICA REQUIREMENTS
(Applies to contracts exceeding $150,000 (When tangible property of construction is acquired.)
Build America – Construction materials used in the Project are subject to the domestic
preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX,
§§70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the
U.S. Department of Transportation, and FTA. The Recipient acknowledges that this agreement
is neither a waiver of § 70914(a) nor a finding under § 70914(b).
Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with 49
U.S.C. 5323(j) apply to this contract.
Uniform Administrative Requirements. Compliance with FTA’s Buy America requirements shall
be deemed to satisfy 2 CFR § 200.322, “Domestic Preference for Procurements”.
Limitations on Certain Rolling Stock Procurements. The contractor will comply with the
limitations on certain rolling stock procurements at 49 U.S.C. § 5323(u).
If contract exceeds $150,000, the contractor is required to sign the attached certification, except
those subject to a general waiver.
(F) [Contracts and subgrants of amounts in excess of $150,000]
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to
the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
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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
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
RFP 10070 Wildfire Ready Action Plan Page 49 of 51
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
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided
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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
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
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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.”