HomeMy WebLinkAboutRFP - 10110 Shields Protected Infrastructure Design - Stuart to Lake
RFP 10110 – Shields Protected Infrastructure Design (Stuart to Lake) Page 1 of 53
REQUEST FOR PROPOSAL
10110 SHIELDS PROTECTED INFRASTRUCTURE DESIGN – STUART TO LAKE
RFP DUE: 3:00 PM MT (Mountain Time), April 2, 2025
The City of Fort Collins is requesting proposals from qualified Professionals to provide the City
with preliminary engineering design (30% Design - FIR), including the review and confirmation
of the existing conceptual design documents. At the discretion of the City, this Agreement may
be extended to the final design and construction support phases in a typical design-bid-build
contracting model. The successful candidate will identify and address all of the tasks, issues
and deliverables in their proposal. Prospective teams must possess the expertise and
experience necessary to complete the project on time, within the established budget, and be
motivated to work with City staff and other stakeholders to accomplish the goals and objectives
associated with this project.
Because this solicitation may be federally funded, proposals must NOT include pricing.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS.
Proposals not submitted by the designated Opening Date and Time will not be accepted by
RMEPS.
A pre-proposal meeting will be held at 3:00 PM MST MT on March 13, 2025. The pre-
proposal meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below
link into your browser for access to the meeting. Please be prepared to announce your name
and mute your microphone:
Join the meeting now
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: 425 268 697#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to John Gerwel, Project Manager at jgerwel@fcgov.com no
later than 3:00 PM MT on March 24, 2025. Please format your e-mail to include: RFP 10110
Shields Protected Infrastructure Design – Stuart to Lake 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.
Financial Services
Purchasing Division
nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10110 – Shields Protected Infrastructure Design (Stuart to Lake) Page 2 of 53
This RFP has been posted utilizing the following Commodity Code(s):
918 42 Engineering Consulting
918 92 Urban Planning Consulting
918 94 Traffic Consulting
918 96 Transportation Consulting
925 17 Civil Engineering
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. 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 and financial data information is not
required to 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 of any contract resulting from this request for proposal will be public
information.
Professionals Registration: The City requires new Professionals receiving awards from the
City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all
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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
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Professionals to provide the
City with preliminary engineering design (30% - FIR), defining project footprint,
environmental review, multi-modal analysis, utility alignment and sizing, and public
outreach coordination for the Shields Protected Infrastructure Improvements – Stuart
Street to Lake Street project. The Project Location Map is included as Attachment 1. The
design phase shall be extendable, at the City’s discretion through final design and
construction. The successful candidate will identify and address all the tasks, issues, and
deliverables in their proposal. Prospective teams must possess the expertise and
experience necessary to complete the project on time and within the established budget
and be motivated to work with City staff and all other stakeholders to accomplish the goals
and objectives associated with this project. Proposing Professionals should have the
ability to proceed to the final design and construction support phases in a typical design-
bid-build contracting model. While design of this project is currently locally funded, future
phases of the project may be funded through a combination of Federal, State, and Local
funding. Collaboration with various City departments, as well as Colorado Department of
Transportation, private utility and communication companies and adjacent land
development owners will be involved in the coordination and design process.
It is the City’s intent to hire a single Professional team capable of completing the
project in its entirety.
The City is federalizing this contract as it may be used with federal funds. The Federal
Terms and Conditions are attached to this RFP in Attachment 4. Because this project
may be completed with federal funds, proposals must NOT include any pricing
information. The City will follow Brooks Act procedures and negotiate direct labor and
overhead with the most qualified firm. Please submit information regarding any experience
you have with federal projects.
B. Background
This project currently has local funding from the City of Fort Collins. Other funding
sources will be evaluated and pursued as the project moves forward.
A design consultant was contracted in 2023 to produce engineering design drawings at a
conceptual level. This design firm is no longer under contract for this project and so is no
longer a resource. It is expected that a proposing firm be capable of reviewing and
confirming the conceptual designs and work product, and updating the work as needed.
This information will be shared with the awarded Professional.
The Shields Protected Infrastructure project is important to the City for the following
reasons:
• Safety – Improve safety along arterial streets and at intersections for all road users,
with an emphasis on vulnerable road users. The City’s 2024 Vision Zero Action Plan
Annual Evaluation and Roadway Safety Update identified the Shields and Prospect
intersection among the top 12 intersections in terms of excess crash costs. The City’s
Active Modes Plan shows the Shields corridor between Drake and Mulberry to be one
of the highest crash risks in Fort Collins for cyclists. Making arterial streets safer by
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providing separated bicycle facilities and creating safer intersections for bikes and
pedestrians to cross arterial streets is a core piece of the City’s Active Modes Plan and
Vision Zero Action Plan.
• Pedestrian and Bicycle connections – One of the top priorities identified through Active
Modes Plan engagement was increasing the available protected infrastructure,
physically separated from vehicle traffic. A corollary to improving the safety of this
corridor is that active transportation becomes more feasible for people that would
otherwise not feel comfortable doing so. Having this connection opens up a large
residential area to traveling to campus or downtown with active transportation. This
project will help the City achieve the Active Modes Plan goal of 50% active modes
share of all trips by 2032.
• Traffic Congestion – The City’s Transportation Capital Project Prioritization Study
shows the Shields and Prospect intersection as the ninth most congested intersection
in Fort Collins. Determining how this project will impact traffic flow and supporting the
City with engaging residents and City leaders on the tradeoffs involved will be a critical
aspect of this project.
Required project elements include:
• Plans for improving bicycle and pedestrian comfort from Stuart Street to Lake Street
(See Attachment 1)
• Design of pedestrian and bicycle facilities on the east and west side of Shields Street
• Identification and design of intersection improvements, including an alternatives
analysis, signal phasing and analysis for improvements.
• Design of tying in improvements to existing conditions that contemplate future corridor
buildout. Ultimately, the Active Modes Plan recommends separated bike lanes on
Shields from Willow St. to Hilldale Dr.
• Design of general roadway and utility improvements including storm sewer lines
• Develop engineering plans, specifications, and phasing plans enabling the
construction of the project with minimal impacts to adjacent property and business
owners
Providing comfortable protected infrastructure for cyclists and pedestrians and improving
roadway safety, while minimizing impacts to traffic congestion are the key goals to
address during design. When effectively designed, these goals will complement each
other.
An alternatives analysis of intersection improvements is within the scope of the project.
Currently the City has a desire to add flashing yellow arrow (FYA) lights to the Shields
and Prospect intersection to help with congestion. A traffic engineering study may be
required to determine intersection improvements. The selected Professional shall work
with the City Traffic Department and the City Engineering Department to determine
possible improvements and their benefits. For the purposes of this RFP, the
Professional can assume the task of performing the traffic analyses is required by this
project.
Known constraints through the corridor include:
• Limited right-of-way (ROW) – Acquiring right-of-way along the corridor is not preferred
unless required with intersection improvements, or there is a benefit to doing so.
Prospect east of its intersection with Shields has limited ROW and limited potential to
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expand the ROW, which will need to be considered when tying into the intersection
improvements.
• Floodplain – There are areas of floodplain outside of the Shields ROW that will need
to be avoided unless necessary.
• Traffic Control – This is a high-volume traffic area. Minimizing disruptions to traffic flow,
and residential/commercial access needs to be thoroughly evaluated.
All work associated with the project must be in accordance with CDOT specifications
and Larimer County Urban Area Street Standards (LCUASS), unless otherwise
approved by the City. All plans must be prepared in CDOT format, and specifications
must be written in the format of the latest CDOT Standard Specifications for Road and
Bridge Construction.
The Professional should present their experience and abilities regarding the following:
• Plan preparation and coordination involving all aspects of design and structural
engineering
• Thorough understanding and experience constructing on/over existing culverts and
construction techniques (see below for more information)
• Knowledge and understanding of pedestrian and bicycle design practices and
procedures for designing successful multi-modal connections
• Ability to work effectively as part of a team in a fast-paced project development
environment
II. SCOPE OF SERVICES
A. Scope of Work
i) Project Kickoff and Scoping
City Tasks:
(1) Provide all work product from existing conceptual designs and prior studies
(2) Provide property analysis map – including ownership, property lines, relevant
easements, and current tenants based upon title commitments
(3) Provide the most current traffic volumes and turning movements along Shields, at
the Shields and Stuart intersection, at the Shields and Prospect intersection, and
at the Shields and Lake intersection
(4) Coordinate meetings with developer’s consultants for input on their design in
relation to the City’s ultimate roadway configuration
Professional Tasks:
(1) Provide existing topographic survey
(2) Initiate subsurface utility engineering notification
(3) Provide known subsurface utility information, including records research, physical
characteristics, and geophysical utility locations. Using this information create
Utility Conflict Matrix
(4) Coordination with utility companies to ensure accurate information is presented
(5) Provide projected traffic (all road users) volumes and turning movements along
Shields, at the Shields and Stuart intersection, at the Shields and Prospect
intersection, and at the Shields and Lake intersection
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ii) Preliminary Engineering Phase (30% Design FIR)
This phase entails the development of a preliminary engineering plan set. The
following design considerations shall be addressed:
(1) Safety improvements
(2) Coordination with development improvements that may arise over the duration of
this project
(3) Demonstrate the effect made to traffic congestion by the proposed improvements
(4) Proposed property impacts
(5) Thorough utility design, including utility relocations, storm sewer, water quality, and
out fall locations
(6) Evaluate and decide on preferred pedestrian and bicycle facility options
(7) Defining all necessary acquisitions (right-of-way, permanent easements,
temporary construction easements, etc.). The City Surveyor will prepare sketches
and descriptions for the City Council approval process for the Authorization to use
Eminent Domain. All acquisitions will follow the Uniform Act process and will be
handled by City Staff
(8) Landscaping and irrigation design incorporation
(9) The project team will work with the City’s Art in Public Places program
The following activities shall be completed within this phase of the project. Work
items are categorized according to City and Professional tasks.
City Tasks:
(1) Provide existing pavement investigation/coring and geotechnical boring logs or
other relevant pavement information for pavement design recommendations
(2) Coordination with impacted business and residents regarding proposed
improvements
(3) Facilitate coordination with City Utilities design and construction
Professional Tasks:
(1) All tasks necessary to deliver Preliminary Engineering Design (30%) Plans,
construction specifications (including Standard Special Provisions and Project
Specific Special Provisions), quantity take-offs, bid tabulations, and cost
estimates. Plan must be produced in accordance with Larimer County Urban Area
Street Standards (LCUASS), unless otherwise approved by the City, CDOT
specifications and M&S standards. Plans, specifications, quantity take-offs, bid
tabulations and cost estimates will be submitted to the City electronically. The
Professional is fully responsible for Quality Assurance and Quality Control (QA /
QC) of the plan set.
(2) Identify property impacts and extent of ROW and temporary construction
easement (TCE) needed. The professional shall prepare exhibits, legal and plat
maps as required for all acquisition of right-of-way and required easements and
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provide a digital copy (CAD format) of the line work to the City of Fort Collins
Survey Department for all proposed acquisition areas (temporary and permanent).
(3) Provide legal descriptions and exhibits for ROW, TCE and permanent easement
acquisitions. The City will handle all property negotiations; including value finding,
appraisals, offers, negotiations, and closings.
(4) Provide necessary documentation and completed forms for applicable CDOT
clearances associated with the FIR design phase.
(5) Development of a preliminary drainage report
(6) Thorough utility design (see below for additional utility design requirements for
Subsurface Utility Engineering Plans)
(a) Coordinate with City Utility departments, including but not limited to:
Water/Wastewater, Stormwater, Light & Power, Traffic, and Connexion
(b) Coordinate with all private utilities potentially impacted by the improvements
(c) Determine extent and location of any utility relocations
(d) Develop preliminary level stormwater improvement plans
(e) Consider relevant Master Drainage Plans within the area
(f) Incorporate City Utility design/work into plans as necessary
(7) Recommendations for Hot Mix Asphalt (HMA) and Portland Cement Concrete
(PCC) pavement sections
(8) Develop landscape and irrigation plans
(a) In accordance with the City requirements, the Professional will perform a tree
survey with a Certified Arborist to include the following information: species,
diameter, and health.
(b) The project will be presented to the public and will require colored/rendered
plan view drawings of the FIR level plans for review
(9) Construction phasing. This is a major improvement being performed on a section
of road that experiences significant traffic and pedestrian volumes, especially
during the school year and during peak commute times. The Professional will be
asked to identify strategies for implementing the improvements in a way that would
minimize the extent and duration of the disruption to through traffic, adjacent
property, and business owners.
(10) Attend and conduct progress meetings. Meeting minutes shall be developed and
provided by the Professional.
(a) The City would like to encourage “real time reviews” when working with the
successful Professional. Design items can be submitted prior to the formal
reviews in an effort to make the process more efficient.
iii) Preliminary Engineering Phase (30% Design – FIR) Deliverables:
(1) Preliminary engineering project schedule
(2) Meeting minutes (along with typical project meetings, and meetings with CDOT
specialty units)
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(3) Preliminary drainage report
(4) One (1) .pdf file of the plan set in a vector format
(5) One (1) digital copy of the design drawings (CAD format)
(6) One (1) electronic copy of the preliminary project specification book
(7) Project bid tab and engineer’s opinion of probable cost
(8) Preliminary review meeting minutes and comment responses
(9) Other deliverables as required by the City
iv) Subsurface Utility Engineering (SUE) Requirements
Due to Colorado State Law SB 18-167 regarding utility investigation during design,
the Professional (or sub-consultant) will be required to perform a Subsurface Utility
Engineering (SUE) plan in accordance with State law. This shall include a utility plan
developed to Quality Level B or better per ASCE standards and stamped by a
licenses Professional Engineer in the State of Colorado.
(a) The Professional (or sub-consultant) shall have a thorough understanding of
subsurface utility engineering and associated standards and requirements
(b) It is anticipated that final SUE plans will be delivered after the 30% design,
however, preliminary work will likely be required during preliminary design. The
same Professional/sub-consultant should be used to complete the SUE plan
(c) The Professional shall provide plan sheets to be incorporated into the project
plan set, utility logs, memos, utility research, existing plans and as-builts, as
well as other information obtained and developed through the SUE process to
the City
v) Environmental and Historical Clearances
The project will be subject to all applicable environmental and historical clearances,
including flood plain permits and requirements. The Professional should address any
required and anticipated clearances needed before construction can occur as well as
the process and schedule to obtain necessary clearances as part of their proposal.
Professional Tasks:
(1) Provide coordination, design, permitting, and documentation in accordance with
the requirements of the current federal and state regulations including the National
Environmental Policy Act of 1969 (NEPA) for an anticipated Programmatic
Categorical Exclusion
(a) Wetland determination (survey) – conduct an initial wetlands assessment
(b) Section 404 Permit – Determine if Section 404 Permit will be required, if a
permit is required a mitigation plan shall be prepared.
(c) Migratory Bird Surveys and assessments will be conducted for all migratory
birds that could be impacted by work within the project scope.
(d) Historical resources – Intensive field survey will be performed on properties 50
or more years old to document and evaluate the significance of historic
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resources per the National Register of Historic Places eligibility criteria. If
appropriate, prepare inventory forms and draft determination of eligibility and
effects letter to facilitate consultation with the State Historic Preservation
Officer (SHPO). If the project should result in a finding of no adverse effect to
a historic resource under section 106, services should also include the
preparation of 2(f) de minimus letter for FHWA review and approval.
(e) SWMP and MS4 compliance
(f) Floodplain mapping and investigation, including no-rise, CLOMR and LOMR
requirements for both FEMA and City floodplains
(g) Noxious Weed assessment and weed management plan for control and
treatment
(h) Noise – determine if the project requires a noise analysis (type I). A noise
analysis is required if noise sensitive receptors are present within the project
area.
(i) Hazardous Waste – Professional will conduct an initial site assessment to
determine if any hazardous materials may exist.
vi) Public and Stakeholder Involvement
The City will develop and implement a Communication and Public Outreach Plan
which addresses public involvement and stakeholder coordination. The process will
include potentially affected interests such as City Council, multiple City departments,
the City’s Transportation Board and Active Modes Advisory Board, area property and
business owners and bicycle / pedestrian advocacy groups.
Professional tasks to support the City’s public and stakeholder involvement process
include:
(a) Graphics production / reproduction
(b) Attendance/participation at project open house events
(c) Preparation of presentation materials
(d) Attendance at public meetings
For proposals purposes, please plan on attending and providing graphical support for
the following:
(a) One public open house meeting
B. Deliverables/ Milestones
NTP for Design April 2025
30% Designs Ready for Review August 2025
Final Plans Submitted February 2026
Advertise for Construction March 2026
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C. Minimum Qualifications
The selected Professional will have the necessary experience, certifications, and
licenses to perform the full scope of work defined in this RFP.
D. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: March 5, 2025
• Pre-Proposal Meeting: 3:00 PM MT on March 13, 2025
• Question deadline: 3:00 PM MT on March 24, 2025
• Final Addendum Issued: March 26, 2025
• Proposal due date: 3:00 PM MT on April 2, 2025
• Interviews (tentative): Week of April 14, 2025
• Award of Contract (tentative): April 21, 2025
• Completion of project: September 2025
E. Renewable Contract
The contract awarded by this RFP will be effective for one year from the date on the
Professional Services Agreement. In addition, at the option of the City, the Agreement
may be extended for additional one year periods not to exceed four (4) additional one year
periods. Renewals and pricing changes shall be negotiated by and agreed to by both
parties. Written notice of renewal shall be provided to the Professional and mailed no later
than thirty (30) days prior to contract end.
F. 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.
The City may use non-traditional methods for the optional interview phase of the
assessment process. The City will receive and score written proposals. However, instead
of traditional in-person interviews for the optional interview session, the City may opt to
use alternate methods including, but not limited to remote interviews through a platform
such as Microsoft Teams or Zoom.
G. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses will be
reimbursable per the current rates found at www.gsa.gov.
H. Subcontractors/Subconsultants
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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.
I. Financial Qualifications (CONFIDENTIAL)
Professionals selected as finalists may be required to submit a banking reference and the
most recent financial statement (audited preferred) including balance sheet and income
statement, as well as a statement of cash flows (the “Financial Information”).
J. 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.
K. 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.
L. 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).
M. Work Orders
The awarded Professional will be required to sign the City’s Professional Services Work
Order Type Agreement, a sample of which is included in Attachment 3 for reference
purposes.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Professional, project manager and Purchasing Department representative. Depending on
the cost and nature of the Work, additional signature authorization may be required. Any
changes to the dates, cost or scope of any Work Order must be agreed upon in writing
utilizing the City’s Change Order (included in the Agreement) and will not be considered
valid until signed, at a minimum, by the Professional, project manager and Purchasing
Department representative.
N. Price Schedule
This RFP will NOT have a Price Schedule included as this competitive process will
follow federal funding requirements. Meaning this will be a two-step qualifications
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based selection process with the selections based on each Professional’s demonstrated
competence and qualifications. After the final selection is made by the City based on the
Professional’s qualifications, the City will request the top ranked firm to submit a fee
proposal stating direct and indirect costs. This fee proposal will be the basis for the parties
to negotiate the contract pricing. In the event a fee is not agreed upon in a reasonable
time, the City will conclude negotiations with the top-ranked firm and initiate negotiations
with the second-ranked firm. Billings and payments will be made using this negotiated
Price Schedule. If a service is requested which is not listed on the Price Schedule, the
Professional and the City will negotiate an appropriate unit price for the service.
O. Invoicing and Payment
Invoices should be emailed monthly or as otherwise agreed in the applicable Work Order
to invoices@fcgov.com with a copy to the Project Manager. The cost of the work
completed shall be paid to the Professional each month following the submittal of a correct
invoice by the Professional indicating the project name, Purchase Order number, task
description, hours worked, personnel/work type category, hourly rate for each
employee/work type category, date of the work performed specific to the task, percentage
of that work that has been completed by task, 3rd party supporting documentation with the
same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Professional and the City will negotiate an appropriate unit price for the service prior to the
Professional initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of ten (20) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers, Team Profile and Authorization 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. 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.
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Indicate your availability to participate in the interviews 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
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
subconsultant.
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.
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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 maximum. 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 of protected intersections or
similar infrastructure 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
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
RFP 10110 – Shields Protected Infrastructure Design (Stuart to Lake) Page 16 of 53
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Professional. The Professional is required to review
this Agreement and indicate any objections to the terms of the contract. If revisions to the
contractual terms are requested, provide suggested revisions.
G. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
fully bound by all the terms, conditions and other provisions set forth in the RFP.
H. Certification Regarding Lobbying: Complete and submit Attachment 2: Certification
Regarding Lobbying with your proposal.
See Next Page for Section IV, Review and Assessment Criteria
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IV. REVIEW AND ASSESSMENT CRITERIA
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
4.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Can the work be completed in
the necessary time? Can the target start and
completion dates be met? Are other qualified
personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
4.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope including federally funded projects? Do
the persons who will be working on the project
have the necessary skills and qualifications?
Are sufficient people of the requisite skills and
qualifications assigned to the project?
2.0 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?
See Next Page for Section V, Acknowledgement
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V. ACKNOWLEDGEMENT
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 10110 Shields Protected Infrastructure Design – Stuart
to Lake 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 completed, signed and submitted the Certification Regarding Lobbying
with the proposal.
i. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Professional hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
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NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
ATTACHMENTS
Attachment 1: Project Location Map
Attachment 2: Certification Regarding Lobbying (TO BE SUBMITTED WITH PROPOSAL)
Attachment 3: Sample Agreement
Attachment 4: Contract Provisions Under Federal Awards Appendix II to Part 200
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ATTACHMENT 1
PROJECT LOCATION MAP
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ATTACHMENT 2
CERTIFICATION REGARDING LOBBYING
LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above 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. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
RFP 10110 – Shields Protected Infrastructure Design (Stuart to Lake) Page 22 of 53
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expenditure or failure.]
The Contractor, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et
seq., apply to this certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
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ATTACHMENT 3
SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and
entered into the day and year set forth in the Agreement Period section below, by and between
the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and
, a(n) [enter state] [business type] (PROFESSIONAL).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The PROFESSIONAL agrees to provide Services in accordance with any
project Work Orders for , issued by the CITY. Such Work Orders will be incorporated
into this Agreement. A blank sample of a Work Order is attached hereto as Exhibit A,
consisting of [# of Pages] and incorporated herein. A general Scope of Services is attached
hereto as Exhibit B, consisting of [# of Pages] and incorporated herein. The CITY reserves
the right to independently solicit any project rather than issuing a Work Order to the
PROFESSIONAL for the same pursuant to this AGREEMENT. Irrespective of references
to certain named third parties within this AGREEMENT or any Work Order, the
PROFESSIONAL shall be solely responsible for performance of all duties hereunder. The
term Service as used in this AGREEMENT shall include the Services and deliverables
contained in any Work Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service. Changes
shall be agreed upon in writing by the parties by Change Order, a sample of which is
attached hereto as Exhibit C, consisting of [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective
Date) and shall continue in full force and effect until , 20 , unless sooner
terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT may
be extended for additional one (1) year periods not to exceed [choose one] additional one-
year periods. Renewals and pricing changes shall be negotiated by and agreed to by both
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parties only at the time of renewal. Written notice of renewal shall be provided to the
PROFESSIONAL no later than thirty (30) days before AGREEMENT end. Should written
notice of renewal be delayed, the parties agree that this AGREEMENT may automatically
extend on a month-to-month basis until a renewal is completed. Upon expiration of the final
renewal term, the AGREEMENT may continue but not to exceed one (1) year if required to
complete any active Work Orders in accordance with Section 8-186 of City Code.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at least
ten (10) calendar days written notice of termination to the PROFESSIONAL.
In the event of early termination by the CITY, the PROFESSIONAL shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall submit a
final invoice within ten (10) calendar days of the effective date of termination. Payment shall
be the PROFESSIONAL's sole right and remedy for termination.
6. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
PROFESSIONAL: CITY: Copy to:
Attn: John Gerwel
PO Box 580
Fort Collins, CO 80522
jgerwel@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 [choose one] as designated
in Exhibit D, consisting of [# of Pages], attached and incorporated herein. At the election of
the CITY, each Work Order may contain a maximum fee, which shall be negotiated by the
parties hereto for each Work Order. Partial payments based upon the PROFESSIONAL’s
billings and itemized statements are permissible as defined in the applicable Work Order.
The amounts of any partial payments shall be based upon the PROFESSIONAL’s City-
verified progress in completing the Service(s) to be performed pursuant to the Work Order
and upon approval of the PROFESSIONAL’s direct reimbursable expenses. Payment shall
be made following acceptance of the Services by the CITY.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the PROFESSIONAL
following the submittal of a correct itemized invoice by the PROFESSIONAL. The CITY is
exempt from sales and use tax. The CITY’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
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The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal
to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The PROFESSIONAL warrants and shall be responsible for
the professional quality, technical accuracy, accessibility requirements under ADA and
Public Accommodations and Technology Accessibility sections below, timely completion
and the coordination of all Services rendered by the PROFESSIONAL, and the Project
Instruments as defined in the Project Instruments and License section below. The
PROFESSIONAL shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies from such standards.
9. Indemnification. The PROFESSIONAL shall indemnify, defend, and hold harmless the CITY
and its officers and employees, to the maximum extent permitted under Colorado law,
against and from any and all actions, suits, claims, demands, or liability of any character
whatsoever claimed by the PROFESSIONAL or third parties against the CITY arising out of
or related to this AGREEMENT (not limited to contract, tort, intellectual property,
accessibility, or otherwise). This obligation extends to reimbursement of the CITY's costs
and reasonable attorney’s fees.
10. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit
[choose one], consisting of [# of Pages], attached hereto and incorporated herein.
11. Appropriation. To the extent this AGREEMENT, or any provision in it, requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation
by the Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City
Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall
have no obligation to continue this AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-
builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and other Work Order deliverables (Project
Instruments), in any form whatsoever and in any medium expressed, for purposes of
constructing, using, maintaining, altering and adding to the project, provided that the
CITY substantially performs its obligations under the AGREEMENT. The license
granted hereunder permits the CITY and third parties reasonably authorized by the CITY
to reproduce applicable portions of the Project Instruments for use in performing the
Services or construction for the project. In addition, the license granted hereunder shall
permit the CITY and third parties reasonably authorized by the CITY to reproduce and
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utilize the Project Instruments for similar projects, provided however, in such event the
PROFESSIONAL shall not be held responsible for the design to the extent the CITY
deviates from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
PROFESSIONAL shall become the CITY’s property. The PROFESSIONAL shall
provide the CITY with the Project Instruments in electronic format in a mutually agreed
upon file type.
13. CITY Project Manager. The CITY’s Project Manager will be shown on the specific Work
Order and shall make, within the scope of the Project Manager’s authority, all necessary
and proper decisions with reference to the Services requested under the applicable Work
Order. All requests for contract interpretation, change order and other clarification or
instruction shall be directed to the CITY Project Manager.
The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be reached
at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the
CITY.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the CITY Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the PROFESSIONAL are those
of an independent contractor and not of an employee of the CITY. The CITY shall not be
responsible for withholding any portion of the PROFESSIONAL's compensation hereunder
for the payment of FICA, Workers' Compensation, unemployment insurance, other taxes or
benefits or for any other purpose.
16. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the PROFESSIONAL and that this AGREEMENT shall be considered
as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL shall neither
assign any responsibilities nor delegate any duties arising under this AGREEMENT without
the prior written consent of the CITY.
17. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the
Service(s) set forth in any Work Order without the prior written consent of the CITY, which
shall not be unreasonably withheld. If any of the Services is subcontracted hereunder, with
the consent of the CITY, then the following provisions shall apply:
a. the subcontractor/subconsultant must be a reputable, qualified firm with an established
record of successful performance in its respective trade performing identical or
substantially similar Services;
b. the subcontractor/subconsultant will be required to comply with all applicable terms of
this AGREEMENT;
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c. the subcontract will not create any contractual relationship between any
subcontractor/subconsultant and the CITY, nor will it obligate the CITY to pay or see to
the payment of any subcontractor/subconsultant; and
d. the Services of the subcontractor/subconsultant will be subject to inspection by the CITY
to the same extent as the Service(s) of the PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the CITY as an additional insured under
this AGREEMENT in accordance with Exhibit [choose one]. The PROFESSIONAL shall
maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required
insurance. Upon request, the PROFESSIONAL shall promptly provide the CITY with a copy
of the certificate(s) within two (2) business days.
The PROFESSIONAL shall be responsible for any liability directly or indirectly arising out
of the Services performed under this AGREEMENT by a subcontractor/subconsultant,
which liability is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the PROFESSIONAL of responsibility for the quality or technical
accuracy of the Services. The CITY's approval or acceptance of, or payment for, any of
the Services shall not be construed to operate as a waiver of any rights or benefits provided
to the CITY under this AGREEMENT.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
of this AGREEMENT. In the event either party should fail to or refuse to perform according
to the terms of this AGREEMENT, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the AGREEMENT and seek damages;
b. treat the AGREEMENT as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
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heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this AGREEMENT shall not be binding on the parties. In
the event of a conflict between the terms of the AGREEMENT and any exhibit or attachment,
the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT
affirms that they have the necessary authority to sign on behalf of their respective party and
to bind such party to the terms of this AGREEMENT.
22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY subsequently agrees in writing that the matter may be heard in federal court, venue
will be in U.S. District Court for the District of Colorado. In the event any provision of this
AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction,
that holding shall not invalidate or render unenforceable any other provision of this
AGREEMENT.
23. 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 to prohibit unlawful discrimination, harassment and retaliation. This requirement applies
to all third-party subcontractors/subconsultants at every tier.
24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
PROFESSIONAL agrees to meet all the requirements of the Americans with Disabilities Act
of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
PROFESSIONAL or which would be imposed on the CITY as a public entity.
25. Technology Accessibility. The PROFESSIONAL represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
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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).
26. Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 et. seq. (the Privacy
Act). PROFESSIONAL shall ensure that each person processing any personal data
connected to the Services is subject to a duty of confidentiality with respect to the data. If
applicable, PROFESSIONAL shall require that any subcontractors meet the obligations of
PROFESSIONAL with respect to any personal data connected to this AGREEMENT and
corresponding Work Orders. The Parties agree that upon termination of the Services that
PROFESSIONAL shall, at the CITY’s choice, delete or return all personal data to the CITY
unless retention of the personal data is required by law. PROFESSIONAL shall make
available to the CITY all information necessary to demonstrate compliance with the
obligations of the Privacy Act. PROFESSIONAL shall allow for, and contribute to,
reasonable audits and inspections by the CITY or the CITY’s designated auditor.
27. 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.
28. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200
(CORA), and documents in the CITY’s possession may be considered public records
subject to disclosure under CORA. The PROFESSIONAL hereby waives any claim for
damages against the CITY for the CITY’s efforts to comply with CORA.
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29. Delay. Time is of the essence. Subject to Force Majeure section of this AGREEMENT, if the PROFESSIONAL is
temporarily delayed in whole or in part from performing its obligations, then the PROFESSIONAL shall
provide written notice to the CITY within two (2) business days defining the nature of the delay. Provision of
written notice under this Section shall not operate as a waiver of any rights or benefits provided to the CITY
under this AGREEMENT.
30. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the PROFESSIONAL must provide notice to the CITY of such
condition within ten (10) days from the onset of the condition.
31. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages, attached hereto and incorporated herein by this
reference.
32. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
33. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the CITY to indemnify or hold PROFESSIONAL
harmless; requires the CITY to agree to binding arbitration; limits PROFESSIONAL’s
liability; or that conflicts with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO TA PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
PROFESSIONAL MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
PROFESSIONAL agrees to perform the Service(s) identified above and on the attached forms in
accordance with and subject to the terms and conditions contained herein and in the Master
Services Agreement (AGREEMENT) between the parties. This Work Order is incorporated into
the AGREEMENT, and the AGREEMENT and all prior amendments or other modifications to the
AGREEMENT, if any, remain in full force and effect. In the event of a conflict between or
ambiguity in the terms of the AGREEMENT and this Work Order (including the attached forms)
the AGREEMENT as set forth in the Order of Precedence section of the AGREEMENT shall
control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
GENERAL SCOPE OF WORK
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT D
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT E
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.
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EXHIBIT F
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.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, PROFESSIONAL must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, PROFESSIONAL must
take appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered
information and must notify the CITY in writing within twenty-four (24) hours of discovery of
any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
PROFESSIONAL shall have in place information security safeguards designed to conform to
or exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) PROFESSIONAL’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
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• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. PROFESSIONAL may use subcontractors, though such activity shall not
release or absolve PROFESSIONAL from the obligation to satisfy all conditions of this
AGREEMENT, including the data security measures described in this Exhibit, and to
require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor PROFESSIONAL
may use. Accordingly, any release of data, confidential information, or failure to protect
information under this AGREEMENT by a subcontractor or affiliated party shall be
attributed to PROFESSIONAL and may be considered to be a material breach of this
AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the PROFESSIONAL can ensure security for the Confidential Information so
stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If PROFESSIONAL breaches any of the terms of this Exhibit, in the
CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw
PROFESSIONAL’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. PROFESSIONAL Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
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for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent jurisdiction
to enjoin or remedy any violation of this AGREEMENT.
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EXHIBIT G
PROMPT PAYMENT CERTIFICATION
The PROFESSIONAL is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the PROFESSIONAL’s receipt
of payment for that work from the CITY. In addition, all retainage amounts withheld from
subcontractors must be paid no later than 30 days after it satisfactorily completed its work,
whether or not the CITY has paid said amounts to the PROFESSIONAL. The PROFESSIONAL
must promptly notify the CITY whenever a DBE subcontractor performing work related to this
contract is terminated or fails to complete its work and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The PROFESSIONAL
may not terminate any DBE subcontractor and perform that work through its own forces or those
of an affiliate without prior written consent of the CITY. The PROFESSIONAL shall complete and
submit the following Prompt Payment Certification form with each invoice.
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PROMPT PAYMENT CERTIFICATION
PROFESSIONAL will place a check in the appropriate box below that applies to this payment
request.
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
PROFESSIONAL:
PROJECT: 10110 Shields Protected Infrastructure Design
CONTRACT DATE:
This certification is submitted in conjunction with Pay Application or Invoice # .
In accordance with the requirements of 49 CFR §26.29, the PROFESSIONAL hereby states the
following with regard to payments made under the Professional Services Agreement for 10110
Shields Protected Infrastructure Design (Stuart to Lake) (the “AGREEMENT”)
1. Subcontractors, at the first tier, both DBE and non-DBE, who satisfactorily
completed work and were listed for payment on the prior Payment Application No.
dated , 20 , were paid no later than 30 days after the PROFESSIONAL’s
receipt of payment for that work from the CITY.
2. All retainage amounts withheld from any subcontractor who satisfactorily completed
its portion of the AGREEMENT work, including punch list items, were paid to the
subcontractor(s) no later than 30 days after it satisfactorily completed its work, whether or
not the CITY has paid said amounts to PROFESSIONAL.
3. There was no delay in or postponement of any payment owed to a subcontractor,
whether period payment or retainage amount, except for good cause and after receipt of
prior written approval from the CITY.
The PROFESSIONAL shall retain all subcontractor payment records for a minimum period of
three (3) years from the date of Substantial Completion under the AGREEMENT. The CITY shall
have the right, with reasonable notice to audit such payment records.
Signed this day of , 20 .
By:
Printed:
Title:
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ATTACHMENT 4
Contract Provisions Under Federal Awards
Appendix II to Part 200
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the City under the Federal award must contain provisions covering the following, as
applicable.
(A) Contracts for more than the simplified acquisition threshold ($150,000 or less, if awarded
prior to June 20, 2018, or $250,000 or less for procurements awarded after June 20, 2018),
which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council
and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C.
1908, must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and penalties
as appropriate.
Breach. Any breach of the Contract by Contractor shall be governed by the termination and
remedies provisions of the Contract. Additionally, in the event that the City incurs damages
as a result of Contractor’s breach, the City may pursue recovery of such damages from
Contractor. The City further retains the right to seek specific performance of the Contract at
any time as authorized by law. The City further retains the right to otherwise pursue any
remedies available to the City as a result of the Contractor’s breach, including but not limited
to administrative, contractual, or legal remedies, as well as any applicable sanctions and
penalties.
Remedies for Non-Performance. If Contractor fails to perform any of its obligations under
this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: County may require that Contractor suspend performance of
all or any portion of the Work pending necessary corrective action specified by the
County and without entitling Contractor to an increase in compensation or extension of
the performance schedule. Contractor must promptly stop performance and incurring
costs upon delivery of a notice of suspension by the County.
b. Withhold Payment Pending Corrections: County may permit Contractor to correct any
rejected Work at the County ’s discretion. Upon County ’s request, Contractor must
correct rejected work at Contractor’s sole expense within the time frame established by
the County. Upon completion of the corrections satisfactory to the County, County will
remit payment to Contractor.
c. Deny Payment: County may deny payment for any Work that does not comply with the
requirements of the Contract or that Contractor otherwise fails to provide or complete,
as determined by the County in its sole discretion. Upon County request, Contractor will
promptly refund any amounts prepaid by the County with respect to such non-compliant
Work.
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d. Removal: Upon County ’s request, Contractor will remove any of its employees or
agents from performance of the Work, if County, 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
by the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
Termination for Convenience. The City may terminate this contract, in whole or in part,
ro4 any reason, upon five (5) days written notice to the Contractor. In such event, the
Contractor shall be paid its costs, including reasonable contract close-out costs, and profit
on work performed up to the time of termination. The Contractor shall promptly submit its
termination claim to the City to be paid the Contractor. If the Contractor has any property in
its possession belonging to the City, the Contractor will account for the same, and dispose
of it in a manner the City directs.
Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach.
The institution of proceedings under any bankruptcy, insolvency, reorganization or similar
law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor
or any of its property, which is not vacated or fully stayed within thirty (30) days after the
institution of such proceeding, will also constitute a breach. In the event of a breach, the
non-breaching Party may provide written notice of the breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within thirty (30) days after
delivery of notice, the non-breaching Party may exercise any of its remedies provided under
this Contract or at law, including immediate termination of the Contract.
(C) Equal Employment Opportunity. 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 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.” Contractor further agrees
to include this provision, including the Equal Opportunity Clause or a reference thereto, in
any subcontracts it enters into pursuant to the Contract.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
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(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
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The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
(2) [Reserved]
(c) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause
may be included by reference in all Government contracts and subcontracts,
including Government bills of lading, transportation requests, contracts for deposit
of Government funds, and contracts for issuing and paying U.S. savings bonds and
notes, and such other contracts and subcontracts as the Director of OFCCP may
designate.
(e) Incorporation by operation of the order. By operation of the order, the equal
opportunity clause shall be considered to be a part of every contract and subcontract
required by the order and the regulations in this part to include such a clause whether
or not it is physically incorporated in such contracts and whether or not the contract
between the agency and the contractor is written.
(f) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
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(D) Not Applicable to this Contract.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The City must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The City must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to the Federal awarding
agency.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Contractor must fully comply with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”). In accordance
therewith, Contractor must pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, Contractors must be required to pay wages not less than once a week.
Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Contractor must fully comply with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”). Pursuant
to the Act, Contractor is prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The City shall report all suspected or reported
violations of the Copeland “Anti-Kickback” Act to the Federal awarding agency.
(E) Not applicable for this contract.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 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, each contractor must be 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.
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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.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Contractor must
fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-3708),
including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704
are applicable to construction work and provide that no laborer or mechanic must be required
to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or Contracts for transportation or
transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (a) of this section, in the sum of $26 for each calendar
day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
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
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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.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR § 401.2 (a) and the City or subrecipient
wishes to enter into a contract 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 City or subrecipient 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 Agreements,” and any implementing regulations issued by the awarding
agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the City 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).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide 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.
Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests
that it is not listed on the government-wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such, the Contractor is required to verify that none of the Contractor’s principals
(defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
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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.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above 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. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the non-Federal award.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it
has certified that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award.
(J) 200.323 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and
its contractors must comply with 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.
Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247
that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired
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• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
c. The Contractor also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act.
(K) 200.216 Prohibition on certain telecommunications and video surveillance services or
equipment
Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR §200.216). Contractor is prohibited from using equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the
government of a covered foreign country.
(L) 200.322 Domestic preferences for procurements.
2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the
extent consistent with law, Contractor should, to the greatest extent practicable, prefer the
purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards including all
Contracts and purchase orders for work or products under this award.
Build America, Buy America (BABA)
All iron and steel, manufactured products, and construction materials used in this project
must be produced in the United States, in accordance with Build America, Buy America Act
requirements, unless a waiver is approved by the funding agency; the contractor shall
provide documentation verifying compliance with these requirements.
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(M) 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 in an effort to encourage participation and
fair competition in providing supplies/services described in this solicitation.
If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure
that minority businesses, women’s business enterprises, and labor surplus area firms are
used when possible. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must
include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(N) Not applicable for this contract.
[Construction or facility improvement Contracts or subcontracts exceeding the Simplified
Acquisition Threshold as defined in 2 C.F.R. § 200.88]
Bonding requirements (2 C.F.R. § 200.326).
Except where the Federal awarding agency or pass-through entity has made a
determination that alternative bonding policy and requirements adequately protect the
Federal interest, Contractor agrees to comply with the following minimum bonding
requirements:
(a) Contractor must provide a bid guarantee equivalent to five percent of the bid price. The
"bid guarantee" must consist of a firm commitment such as a bid bond, certified check,
or other negotiable instrument accompanying a bid as assurance that the Contractor
will, upon acceptance of the bid, execute such Contractual documents as may be
required within the time specified.
(b) Contractor must provide a performance bond on the part of the Contractor for 100
percent of the Contract price. A "performance bond" is one executed in connection with
a Contract to secure fulfillment of all the Contractor's obligations under such Contract.
(c) Contractor must provide a payment bond on the part of the Contractor for 100 percent
of the Contract price. A "payment bond" is one executed in connection with a Contract to
assure payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the Contract.
(O) 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
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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.
(P) 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.
(Q) 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.