HomeMy WebLinkAboutRFP - 10097 NW Fort Collins Arterial Bikeway StudyRFP 10097 NW Fort Collins Arterial Bikeway Study Page 1 of 41
REQUEST FOR PROPOSAL
10097 NW FORT COLLINS ARTERIAL BIKEWAY STUDY
RFP DUE: 3:00 PM MT (Mountain Time), January 22, 2025
The City of Fort Collins is requesting proposals from qualified Professionals to conduct a
Northwest Fort Collins Arterial Bikeway Study. The study will build on the City’s Vision Zero Action
Plan and Active Modes Plan to identify and address specific causes of crashes and evaluate the
best ways to retrofit twenty centerline miles of roadway with separated bike lanes, creating
dedicated space for vulnerable road users. The study will also explore the feasibility of intersection
improvements such as protected intersections and roundabouts. This procurement will be utilizing
federal funds so NO PRICING INFORMATION shall be included in your proposal to comply with
the Brooks Act.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal meeting will be held at 2:00 PM MT on January 8, 2025. The pre-proposal
meeting will be hosted on-line via Microsoft Teams. Click on the below link or use the meeting ID
and passcode for access to the Microsoft Teams meeting.
Join the meeting now
Meeting ID: 214 712 741 983
Passcode: jy6Go6Nb
Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and
conference ID. This option will only allow you to hear the audio presentation.
Call-in number: 1-970-628-0892
Conference ID: 768 768 321#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to Cortney Geary, Project Manager, at CGeary@fcgov.com,
no later than 3:00 PM MT on January 15, 2025. Please format your e-mail to include: RFP
10097 NW FORT COLLINS ARTERIAL BIKEWAY STUDY in the subject line. Questions
received after this deadline may not be answered. Responses to all questions submitted before
the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing
System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 2 of 41
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Professional’s Registration: The City requires new Professionals receiving awards from the
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 3 of 41
City to submit IRS form W-9 and requires all Professionals to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 4 of 41
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Professionals to conduct a
Northwest Fort Collins Arterial Bikeway Study. The study will build on the City’s Vision
Zero Action Plan and Active Modes Plan to identify and address specific causes of crashes
and evaluate the best ways to retrofit twenty centerline miles of roadway with separated
bike lanes, creating dedicated space for vulnerable road users. The study will also explore
the feasibility of intersection improvements such as protected intersections and
roundabouts.
The Bikeway Study will be an extension of the Vision Zero Action Plan. The study will
expand on the Action Plan to identify and address specific causes of crashes and explore
feasibility of various arterial improvements recommended in the Active Modes Plan to
implement treatments such as separated bike lanes, protected intersections, roundabouts,
lane diets, and road diets.
The Agreement will be subject to federal procurement regulations and all work under this
Agreement shall comply with Section VII. Appendix II: Contract Provisions for Non-
Federal Entity Contracts Under Federal Awards since the funding for this study includes
federal funds. The selection process for these services will be qualifications based in
accordance with the Brooks Act. The cost for these services will be part of the process
during the final phase when the City negotiates pricing with the highest rated
Professional. At this time, the City will negotiate a price for the project as well as a cost
schedule, including labor rates for this Agreement. The City requires that interested
Professionals DO NOT PROVIDE PRICING as part of their initial proposal for this
solicitation. The phases for this solicitation are outlined as follows:
Phase 1 – Proposal evaluation based on qualifications
Phase 2 – Interview evaluation
Phase 3 – Project and price negotiations
B. Background
The City of Fort Collins has adopted the Vision Zero goal that by 2032, no one dies or has
a serious injury while traveling in Fort Collins. As an early adopter of the Colorado
Department of Transportation's Moving Towards Zero Deaths initiative, Fort Collins has
implemented robust measures to enhance traffic safety through enforcement,
infrastructure design, and operational improvements. Despite these efforts, traffic crashes
continue to cause fatalities and serious injuries, highlighting the ongoing need for proactive
interventions. To address this pressing issue, the City adopted the Vision Zero Action Plan
and Active Modes Plan.
To support implementation of these plans, the City applied for a federal Safe Streets and
Roads for All Grant for a Citywide Arterial Street Low Stress Bike Network Implementation
project which included implementation of transportation infrastructure, supplemental
planning, and demonstration activities. The City was awarded funding for the
supplemental planning and demonstration, but not implementation activities. The City is
primarily completing the demonstration activities with in-house staff. The purpose of this
request for proposals is for the City to secure consultant support to conduct the Northwest
Fort Collins Arterial Bikeway Study (Bikeway Study), the supplemental planning activities
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 5 of 41
funded by the grant. A Colorado Department of Local Affairs Local Match Program grant
will cover the local match for the project. The NW Arterial Bikeway Study is funded entirely
by federal and state grants; intergovernmental agreements are fully executed, and the City
is ready to begin work as soon as the Agreement is executed with the selected
Professional.
The study phase will have two primary considerations:
• Identify specific safety concerns and recommend countermeasures to address
these issues.
• Understand the feasibility and network impacts of lane reductions on the
arterial network.
The focus of this study will be to determine the best solutions to implement on arterial
streets in the study area to maximize safety and comfort for all roadway users. Through
the study the City will identify priority corridors where additional public engagement will be
conducted and additional concepts will be developed in preparation for a 2026 Safe
Streets and Roads for All implementation grant application. The anticipated timeframe for
this study is 7 - 9 months. The anticipated cost range is between $510,000 to $760,000,
depending on the number and length of priority corridors chosen for conceptual
development.
II. SCOPE OF PROPOSAL
A. Scope of Work
City staff will be responsible for overall project management. The Professional is
expected to manage technical aspects of the study and lead aspects as outlined in the
draft scope of work below. Recommendations regarding roles and responsibilities of City
staff and the Professional’s consultant team should be articulated in the response to this
RFP. Professional is encouraged to propose innovative approaches to complete this
study and should also identify and emphasize those areas where their qualifications and
expertise would most benefit this project.
The scope of the study will include 20 centerline miles of arterial roadways bounded by
and inclusive of College Avenue, Horsetooth Road, Overland Trail, and Laporte Avenue.
Fort Collins’ arterial roadways are identified on the Master Street Plan, which is available
at https://www.fcgov.com/fcmoves/msp.
Task 1: Work Plan and Kick-Off
The first task will be to develop and refine a work plan and public involvement plan to
guide the study. The public involvement plan is vital to the success of the project and will
need to remain fluid throughout the process to ensure thoughtful community
engagement. The work plan and public involvement plan should include, at a minimum,
the following:
• Detailed Work Plan
The work plan will serve as a guide to the planning process but must remain flexible.
Any changes to the work plan will be discussed between the selected Professional and
City staff. Creation of the initial work plan will include a comprehensive meeting with the
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 6 of 41
chosen Professional consultant team and the City management team. The work plan
should include, at a minimum, the following:
o Identify project goals and objectives
o Review of relevant previous and currently adopted plans and studies
o Refine scope of work with detailed tasks
o Detailed schedule identifying key milestones and deliverables for each task
o Staffing plan which identifies Professional’s consultant team and City staff roles
• Public Involvement Plan (PIP)
Study phases that will require community involvement are identified below in Task 2.
The PIP will include, at a minimum, the following:
o Stakeholder identification, including but not limited to:
Residents and businesses within the study area
Colorado State University
Underserved community members
City boards and commissions
Active Modes/Sustainability advocates
Community at-large
o Equity – goal statement to engage and plan for an equitable project with means and
methods for achieving said goal in alignment with the City’s Equity Plan. Goal statement
related to equitable outreach and engagement with means and methods that result in
equitable outcomes.
o Establishing a Technical Advisory Committee (TAC) and Community Advisory
Committee (CAC)
o Public Involvement Plan Objectives:
Explain project goals, scope, process, and purpose
Understand barriers to active transportation and the public’s safety concerns within
the study area
Get feedback on countermeasures expected to improve safety and comfort for a
wide variety of users
Engage the public on tradeoffs of countermeasures
Get additional feedback on potential concepts for priority corridors
Disseminate recommendations
o Engagement timeline:
Engagement strategy for each phase: from general information about the process to
active engagement with the community and targeted stakeholders
City Council presentations
City boards and commissions presentations
Community groups
o Identify methods for community involvement and strategies for use:
In-person meetings and materials
Virtual meetings and materials
Online engagement and feedback mechanisms
Social media advertising and information
Physical hand-outs and boards for events
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 7 of 41
• Kick-Off Meeting
The kick-off meeting will consist of Professional’s consultant team and City management
team. The work plan and public involvement plan will be presented, and strategies
confirmed with the group.
Deliverables:
• Work Plan (detailed scope of work and timeline)
• Public Involvement Plan (PIP)
• Kick-Off Meeting with notes and necessary revisions to Work Plan and PIP
Task 2: Public Engagement
The Professional’s consultant team will assist with the implementation of a
comprehensive digital and in-person public engagement strategy based on the PIP
developed as part of Task 1. The engagement will result in meaningful input on safety,
comfort, countermeasure selection, tradeoffs, and concepts for priority corridors in the
study area. A wide range of stakeholders identified in the PIP will be engaged.
Strategies should be designed to engage a broad and diverse audience - reaching
people across the community, with particular emphasis on engaging marginalized and
underserved groups. Strategies should include outreach to non-English speaking
communities.
In addition to implementing a broad community engagement strategy, the Professional
will also manage TAC and CAC meetings and provide support to City staff with
management of stakeholder meetings, presentations to City Boards and Commissions
and City Council, and preparations for sharing the final report with City Council.
Deliverables:
• Virtual and in-person materials for engaging the general public, TAC, CAC,
stakeholders, Boards and Commissions, and City Council
• Summary of feedback
Task 3: Safety Audits
The Active Modes Plan reviewed data at a network level to identify the areas of highest
risk. These risk scores are based in part on the prevalence of bike and pedestrian
crashes in the northwest area of the City and especially around the university and
downtown. For the safety audits, the Professional’s consultant team will review the
corridors in the study area to determine the specific crash patterns and infrastructure
that induce this risk by reviewing historic crash data and conducting field audits of the
corridors with stakeholders across relevant City departments and community members.
Deliverables:
• Safety audit summaries
Task 4: Countermeasure Selection and Feasibility Analysis
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 8 of 41
The Professional’s consultant team will review the results of the audits, data and
recommendations from the Vision Zero Action Plan and Active Modes Plan, and
feedback from the public to determine countermeasures, street sections, and
intersection redesigns that will lead to a reduction in roadway fatalities and serious
injuries. Countermeasures should include, but not be limited to, low-cost, high-impact
strategies that can be applied across the study area and citywide for future similar
efforts. A secondary focus will be to understand the effects the strategies have on
factors such as vehicular capacity, maintenance, and operations. The Professional’s
consultant team should evaluate constraints related to project cost, site conditions, right-
of-of-way, and/or frontage development/redevelopment opportunities. Guiding principles
and strategies on targeted implementation due to these constraints should be part of the
focus of the feasibility analysis.
Deliverables:
• Countermeasure selection and feasibility analysis summaries
Task 5: Corridor Prioritization and Concept Development
The Professional’s consultant team will work with the City to identify priority corridors
and intersections for which additional public engagement will be conducted and
additional concepts will be developed. Taking into account the principles and strategies
in Task 4 developed as part of the feasibility analysis, the corridor prioritization will be
based on the Vision Zero high injury network, Transportation Capital Improvement
Program prioritization, Active Modes Plan prioritization, safety audit findings, Safe
Streets and Roads for All implementation grant scoring criteria, and other factors as
deemed appropriate. The corridor concepts will be developed and public engagement
conducted in preparation for a future Safe Streets and Roads for All implementation
grant application. The number and length of priority corridors will impact the overall
scope and fee for this task.
Deliverables:
• Corridor/intersection concepts
• Conceptual cost estimates
• Corridor-specific outreach
Task 6: Final Report
The Northwest Fort Collins Arterial Bikeway Study is a supplemental action plan activity
which will support and enhance the City’s existing Vision Zero Action Plan. The final
deliverable for supplemental planning is a written product that connects to, and
enhances, an Action Plan. The Professional’s consultant team will prepare a final report
summarizing all study activities and recommendations and explaining how the study
connects to and enhances the City’s Vision Zero Action Plan. The report will be
published on the City’s Vision Zero website.
Deliverables:
• Final report
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 9 of 41
B. Deliverables/Milestones
Task Deliverable
1) Work Plan and Kick-Off • Work plan
• PIP
• Kick-off meeting notes
2) Public Engagement • Virtual and in-person materials
for engagement
• Summary of feedback
3) Safety Audits • Safety audit summaries
4) Countermeasure Selection and
Feasibility Analysis • Countermeasure selection and
feasibility analysis summaries
5) Corridor Prioritization and Concept
Development • Corridor/intersection concepts
• Conceptual cost estimates
•
6) Final Report • Final report
C. 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.
Phase 1 Dates
RFP Issued December 11, 2024
Pre-Proposal Meeting January 8, 2025 @ 2:00 PM MST
Questions Due January 15, 2025 @ 3:00 PM MST
Final Addendum Issued January 17, 2025
Proposals Due January 22, 2025 @ 3:00 PM MST
Phase 2
Interviews (If Applicable) (Tentative) Week of February 3, 2025
Select Top Professional(s) (Tentative) Week of February 3, 2025
Phase 3 – Pricing and Negotiations
Price Negotiations Week of February 10, 2025
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 10 of 41
D. Interviews
In addition to submitting a written proposal, the top-rated Professionals may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
E. Travel & Expenses
Subject to the terms of the applicable Agreement, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Professional will be required to
provide original receipts to the City for all travel expenses.
F. Subcontractors/Subconsultants
Professional will be responsible for identifying any subcontractors and/or subconsultants
in their proposal. Please note that the City will contract solely with the awarded
Professional; therefore, subcontractors and/or subconsultants will be the responsibility of
the Professional.
G. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
H. Fees, Licenses, Permits
The successful Professional shall be responsible for obtaining any necessary licenses,
fees or permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
I. Laws and Regulations
The Professional agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include American Disabilities
Act (ADA).
J. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Professional each month
following the completion of deliverables and submittal of a correct invoice by the
Professional indicating the project name, Purchase Order number, task description, hours
worked, personnel/work type category, hourly rate for each employee/work type category,
date of the work performed specific to the task, percentage of that work that has been
completed by task, 3rd party supporting documentation with the same detail and a brief
progress report.
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 11 of 41
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the Agreement, the Professional and the City will
negotiate an appropriate unit price for the service prior to the Professional initiating such
work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and 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
exhibits. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Professionals are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what
Professionals propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Professional Information
1. Describe the Professional’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
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
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 12 of 41
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Professional.
7. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. 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.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page. The résumés shall include at least three individual references from
previous assignments.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Professional
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
5. Provide any information that distinguishes Professional from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Professional’s proposal.
E. Sustainability/TBL Methodology
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 13 of 41
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Professional. The Professional is required to review
this Agreement and indicate any objections to the terms of the contract. If revisions to the
contractual terms are requested, provide suggested revisions.
G. Byrd Anti-Lobbying Certification
The Byrd Anti-Lobbying Certification is attached as Section V. Complete the attached
Certification and submit with the proposal.
H. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 14 of 41
fully bound by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
3.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the Scope of Work, or agreement?
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required? Is the project team available to attend
meetings as required by the Scope of Work?
3.0 Firm Qualifications/
Experience
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time? Has the firm successfully completed
previous projects of this type and scope?
3.0
Assigned
Personnel/
Resumes
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 15 of 41
V. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) - CERTIFICATION
The Professional attests that it has filed the required certification under the Byrd Anti-
Lobbying Amendment. The Professional attests that it has certified that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal Contract, grant or any other award covered by 31 U.S.C.1352. The
Professional further attests that it has disclosed, and will continue to disclose, any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal award.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Professional certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Professional understands and agrees
that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if
any.
Entity Name
Signature of Authorized Official
Name and Title of Authorized Official
Date
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 16 of 41
VI. 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.
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 10097 NW FORT COLLINS ARTERIAL BIKEWAY
STUDY and sample Agreement except as otherwise noted. Additionally, Professional hereby
makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Professional’s knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Professional has executed the Byrd Anti-Lobbying Certification is Section V.
i. Professional acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
RFP 10097 NW Fort Collins Arterial Bikeway Study Page 17 of 41
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
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 18 of 41
VII. APPENDIX II: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
(A) For a Contract for more than the simplified acquisition threshold ($250,000).
Breach. Any breach of the Contract by Professional 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 Professional’s breach, the City may pursue recovery of such
damages from Professional. 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 Professional’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 Professional 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 Professional to suspend
performance of all or any portion of the Work pending necessary corrective action
specified by the City and without entitling Professional to an increase in compensation
or extension of the performance schedule. Professional 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 Professional to
correct any rejected Work at the City ’s discretion. Upon City ’s request, Professional
must correct rejected Work at Professional’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 Professional.
c. Deny Payment: City may deny payment for any Work that does not comply with the
requirements of the Contract or that Professional otherwise fails to provide or
complete, as determined by the City in its sole discretion. Upon City request,
Professional will promptly refund any amounts prepaid by the City with respect to such
non-compliant Work.
d. Removal: Upon City ’s request, Professional will remove any of its employees or
agents from performance of the Work, if the City, in its sole discretion, deems any such
person to be incompetent, careless, unsuitable, or otherwise unacceptable.
(B) [All Contracts in excess of $10,000 must address termination for cause and for
convenience including the manner by which it will be effected and the basis of the
settlement.]
Termination.
Termination for Convenience. The City may terminate this Contract, in whole or in part,
for any reason, upon five (5) days written notice to the Professional. In such event, the
City shall pay the Professional its costs, including reasonable Contract close-out costs,
and profit on Work performed up to the time of termination. The Professional shall
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 19 of 41
promptly submit its termination claim to the City to be paid the Professional. If the
Professional has any property in its possession belonging to the City, the Professional 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 Professional, or the appointment of a receiver or similar officer
for Professional 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. Professional 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.” Professional 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 Professional agrees as follows:
(1) The Professional will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The Professional 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 Professional agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) The Professional will, in all solicitations or advertisements for employees placed by or
on behalf of the Professional, 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 Professional will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 20 of 41
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
Professional's legal duty to furnish information.
(4) The Professional 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
Professional's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The Professional 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 Professional 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 Professional'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 Professional 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 Professional 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
Professional will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a Professional becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Professional 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
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 21 of 41
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 Professionals 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
Professional 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 Professionals 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 Professional or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government Contracts and subcontracts, including
Government bills of lading, transportation requests, Contracts for deposit of
Government funds, and Contracts for issuing and paying U.S. savings bonds and
notes, and such other Contracts and subcontracts as the Director of OFCCP may
designate.
(e) Incorporation by operation of the order. By operation of the order, the equal opportunity
clause shall be considered to be a part of every Contract and subContract required by
the order and the regulations in this part to include such a clause whether or not it is
physically incorporated in such Contracts and whether or not the Contract between the
agency and the Professional is written.
(f) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
(D) [Where applicable, all Contracts awarded by the non-Federal entity in excess of $100,000
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 22 of 41
that involve the employment of mechanics or laborers]
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Professional
must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-
3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to
compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or Contracts for
transportation or transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (a) of this section, in the sum of $26 for each calendar
day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 23 of 41
(E) [If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a)]
Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by
the Professional or the City with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the parties must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Contracts,” and any implementing regulations issued by the awarding agency.
(F) [Contracts and subgrants of amounts in excess of $150,000]
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to
the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Professional 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 Professional 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). Professional 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 Professional is required to verify that none of the
Professional ’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 Professional 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.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 24 of 41
c. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Professional 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). Professional attests that it has filed
the required certification under the Byrd Anti-Lobbying Amendment. Professional 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. Professional further attests that it has disclosed, and
will continue to disclose, any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award.
(I) [All Contracts]
Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with
all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the
EPA guidelines.
a. In the performance of this contract, the Professional 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,
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 25 of 41
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). Professional is prohibited from using equipment, services,
or systems that uses covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
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, Professional 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.
Foreign Market Restrictions. The Professional shall not allow funds provided under this
contract to be used to fund the use of any products or service of a foreign country during
the period in which such foreign country is listed by the United States Trade
Representative as denying fair and equitable market opportunities for products and
supplies of the United States in procurement and construction.
(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:
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 26 of 41
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, Professional must take all necessary affirmative steps to
assure that minority businesses, women’s business enterprises, and labor surplus area
firms are used as required by 2 C.F.R. § 200.321.
(M) Bid Protest Procedures
City of Fort Collins Bid Protest Procedures. The City of Fort Collins has a protest
procedure covering any phase of solicitation or award, including but not limited to
specification or award. The protest procedures are available from the Purchasing
Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort
Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
(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.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 27 of 41
VIII. 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
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 28 of 41
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: Cortney Geary
PO Box 580
Fort Collins, CO 80522
cgeary@fcgov.com
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 B, 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
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 29 of 41
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 C,
consisting of one (1) page, 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.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 30 of 41
The initial CITY Project Manager for this AGREEMENT is Cortney Geary and can be
reached at cgeary@fcgov.com. 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 C, consisting of one (1) page, 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).
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 31 of 41
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
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 32 of 41
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
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 33 of 41
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.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 34 of 41
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 three
(3) pages, attached hereto and incorporated herein by this reference.
33. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT, 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]
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 35 of 41
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 36 of 41
EXHIBIT A
SCOPE OF SERVICES
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 37 of 41
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.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 38 of 41
EXHIBIT C
INSURANCE REQUIREMENTS
The PROFESSIONAL will provide, from insurance companies acceptable to the CITY, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the PROFESSIONAL shall furnish the CITY with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the PROFESSIONAL, insurance as the CITY may deem
proper and may deduct the cost of the insurance from any monies which may be due or become
due the PROFESSIONAL under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The CITY, its officers, agents and employees shall be named as additional insureds on the
PROFESSIONAL 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The PROFESSIONAL shall maintain
Worker’s Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the PROFESSIONAL's employees engaged in work performed
under this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall
conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and
$100,000 disease each employee, or as required by Colorado law.
B. General Liability. The PROFESSIONAL shall maintain during the life of this AGREEMENT
General Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this AGREEMENT. Coverage
for property damage shall be on a (broad form) basis. The amount of insurance for
General Liability shall not be less than $1,000,000 combined single limits for bodily injury
and property damage.
C. Automobile Liability. The PROFESSIONAL shall maintain during the life of this
AGREEMENT Automobile Liability insurance as will provide coverage for damage claims
of personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this
AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The
amount of insurance for Automobile Liability shall not be less than $1,000,000 combined
single limits for bodily injury and property damage.
D. Errors and Omissions. The PROFESSIONAL shall maintain errors and omissions
insurance in the amount of $1,000,000.
E. Cybersecurity. The PROFESSIONAL shall maintain cybersecurity insurance in the
amount of $5,000,000.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 39 of 41
EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by PROFESSIONAL under this
AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard
to the exchange and handling of confidential information and other sensitive materials between
the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, PROFESSIONAL shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this AGREEMENT and related to the services for which
PROFESSIONAL has been engaged shall be considered in the same manner and be subject
to the same treatment as the information disclosed after the execution of this AGREEMENT
with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY and PROFESSIONAL
shall cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the Parties.
PROFESSIONAL shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this AGREEMENT.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 40 of 41
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. Data Protection and Data Security.
PROFESSIONAL shall have in place information security safeguards designed to conform to
or exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) PROFESSIONAL’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• 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
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement
RFP 10097 NW Fort Collins Arterial Bikeway Study
Page 41 of 41
• Hosted Services
• Personnel Security
(b) Subcontractors. PROFESSIONAL may use subcontractors, though such activity shall not
release or absolve PROFESSIONAL from the obligation to satisfy all conditions of this
AGREEMENT, including the data security measures described in this Exhibit, and to
require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor PROFESSIONAL
may use. Accordingly, any release of data, confidential information, or failure to protect
information under this AGREEMENT by a subcontractor or affiliated party shall be
attributed to PROFESSIONAL and may be considered to be a material breach of this
AGREEMENT.
7. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the PROFESSIONAL can ensure security for the Confidential Information so
stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
8. 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.
9. Termination Remedy. If PROFESSIONAL breaches any of the terms of this Exhibit, in the
CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw
PROFESSIONAL’s right to access Confidential Information.
10. 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.
11. Injunctive Relief. PROFESSIONAL Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
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.