HomeMy WebLinkAboutRFP - 10223 Engineering Services - Phase 2 - Sidestream Phosphorus Removal at Drake Water Reclamation Facility (DWRF)10223 Engineering Services – Phase 2 – Sidestream Phosphorus Removal at DWRF Page 1 of 46
REQUEST FOR PROPOSAL
10223 ENGINEERING SERVICES - PHASE 2 - SIDESTREAM PHOSPHORUS REMOVAL AT
DRAKE WATER RECLAMATION FACILITY (DWRF)
RFP DUE: 3:00 PM MT (Mountain Time), October 22, 2025
The City of Fort Collins (City) is requesting proposals from qualified Professionals to provide
engineering services for 30 percent design with funding and permitting support for Phase 2 of
the Sidestream Phosphorous Removal project at its Drake Water Reclamation Facility (DWRF),
part of the City’s Water Reclamation and Biosolids Facilities (WRB).
Design of this project will be executed in multiple phases as Work Orders under a Work Order
style Agreement between the City and the awarded Consultant. The first Work Order will be for
30 percent design with a Process Design Report (PDR) Amendment for inclusion with a Colorado
Department of Public Health and Environment (CDPHE) State Revolving Fund (SRF) Loan
Application and will be as described in the below scope of proposal.
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 the Drake Water Reclamation Facility on October 7,
2025 MT on 9:30 AM MT. The pre-proposal meeting will be hosted in person at the Drake Water
Reclamation Facility located at 3036 Environmental Drive, Fort Collins, CO 80525. Prospective
Professionals are encouraged to participate and bring a High Visibility Safety Vest in case the
group tours the premises.
All questions should be submitted, in writing via email, to Jake Rector, Purchasing
Manager at jrector@fcgov.com, with a copy to Mandy Rasmussen, Project Manager, at
mrasmussen@fcgov.com, no later than 3:00 PM MT on October 9, 2025. Please format your
e-mail to include: RFP 10223 Engineering Services – Phase 2 – Sidestream Phosphorus Removal
at DWRF in the subject line. Questions received after this deadline may not be answered.
Responses to all questions submitted before the deadline will be addressed in an addendum and
posted on the Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
91842 Engineering Consulting
92500 Engineering Services, Professional
92596 Wastewater Treatment 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-
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
fcgov.com/purchasing
10223 Engineering Services – Phase 2 – Sidestream Phosphorus Removal at DWRF Page 2 of 46
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 ori entation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data i nformation may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Professionals Registration: The City requires new Professionals receiving awards from the City
to submit IRS form W-9 and requires all Professionals to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference
Documents. Please do not submit these documents with your proposal, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
10223 Engineering Services – Phase 2 – Sidestream Phosphorus Removal at DWRF Page 3 of 46
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 (City) is requesting proposals from qualified Professionals to provide
engineering services for 30 percent design with funding and permitting support for Phase 2
of the Sidestream Phosphorous Removal project at its Drake Water Reclamation Facility
(DWRF), part of the City’s Water Reclamation and Biosolids Facilities (WRB).
Design of this project will be executed in multiple phases as Work Orders under a Work
Order style Agreement between the City and the awarded Consultant. The first Work Order
will be for 30 percent design with a Process Design Report (PDR) Amendment for inclusion
with a Colorado Department of Public Health and Environment (CDPHE) State Revolving
Fund (SRF) Loan Application and will be as described in the below scope of proposal.
Future Work Orders may include:
i. Final design drawings and specifications
ii. Construction administration services
This project may be partially funded by Federal grant and/or loan dollars. 2 CFR 200 Terms
and Conditions apply to the Agreement with the awarded Professional. These Terms and
Conditions are attached to this RFP for reference in the sample agreement (Section VI).
This solicitation will be conducted in accordance with the Brooks Act, where cost or
schedule of rates will not be considered until after the top qualified Professional has
been identified by the City. DO NOT SUBMIT A FEE OR SCHEDULE OF RATES WITH
YOUR PROPOSAL. Fee and Schedule of Rates will be requested after the Interview
Phase 2 from the highest qualified Professional.
B. Background
The City of Fort Collins (City) Water Reclamation and Biosolids system includes two
treatment plants; the 23 Million Gallons per Day (MGD) Drake Water Reclamation Facility
(DWRF) and the 6 MGD Mulberry Water Reclamation Facility (MWRF). DWRF serves as the
primary facility with both solids handling and sidestream phosphorus removal treatment
processes.
The DWRF Colorado Discharge Permit System (CDPS) discharge permit includes
Regulation 85 limits of 1.0 mg/L for Total Phosphorus (TP). In 2018, the City implemented
Phase 1 of the Sidestream Phosphorus Treatment Project to sequester soluble phosphorus
from the solids stream to reduce phosphorus loads recycled to the secondary treatment
process and ultimately lower the total phosphorus in the liquid stream effluent. One (1)
MagPrex reactor was installed as part of Phase 1. Sufficient space and provisions were
made during Phase 1 to construct a second reactor of a similar size as part of a Phase 2
project.
II. SCOPE OF PROPOSAL
A. Project Scope Overview
The elements of the Sidestream Phosphorus Removal Phase 2 project to be designed
are preliminarily provided and outlined below for the Consultant, including, though may
not be limited to:
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1. Design of a redundant sidestream phosphorus removal system
a. Design should include:
1. Redundant 316 SS Reactor to sequester soluble phosphorus from the
DWRF solids stream
2. Spiral staircase and upper platforms
3. Site grading and drainage
4. Concrete curbs
5. Concrete foundation
6. Air distribution system
7. MgCl2 dosing system
8. Antifoam dosing system
9. Process piping and isolation valves
10. Instrumentation and controls design for PLC upgrades and updates to
existing program logic to include operation of additional equipment
11. Electrical design
12. Existing MagPrex reactor 1 improvements including:
a. Interior blasting and recoating of carbon steel tank
b. Interior and exterior platforms and railings for safe access
during maintenance
c. Aeration improvements such as alternate diffuser styles
d. Aeration improvements to provide ability to flush and drain
air piping
b. 30% Deliverable
1. Class III Opinion of Probable Construction Cost
2. Contract Documents – Drawings and Technical Specifications
3. Bi-weekly Project Meetings
4. Page-flip workshop with DWRF Operations and Maintenance Staff
c. Permitting Support
1. Addendum to previous Sidestream Phosphorus Removal Site
Location Application Amendment, if needed
2. Addendum to previous Sidestream Phosphorus Removal Process of
Design Report, if needed
3. Environmental Planning Support for a Categorical Exclusion, if
needed
4. SRF Self-Certification
B. Scope of Work
The scope of this project is to provide engineering services for the 30 percent design
with funding and permitting support for the Sidestream Phosphorus Removal Phase 2
project at the Drake Water Reclamation Facility (DWRF), part of the City’s Water
Reclamation and Biosolids Facilities (WRB).
Consultant may include additional or modified tasks not noted below which they deem
necessary for a successful project.
Task 1 – Project Management and Administration
Subtask 1.1: General Project Management
Time for this task is allocated to the Consultant’s Project Manager to oversee and
administer the project and may include the following activities.
1. Kickoff meeting
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2. Bi-weekly project progress and schedule review meetings
3. Drawing/Plan Set Standards meeting, including datum standards (i.e.,
Ground Master, State Plane, etc.)
4. P&ID review meeting
5. Page-flip workshop with DWRF Operations and Maintenance Staff
6. Coordination calls with pertinent stakeholders (Consultant to develop this list
and contact information) including Consultant team lead and City Project
Manager (PM).
Deliverables:
1. Consultant to provide meeting agendas and notes/minutes
Subtask 1.2: Project Controls and Reporting
Prepare monthly invoices and submit to the Owner in an approved format. Invoices
shall be broken down by task, Prime Consultant, and subconsultants and include the
following:
1. Total contract amount
2. Detailed charges for the current invoice period, by position and hourly rate
3. Outstanding balance
4. Percent Billed
5. Current amount remaining
6. Total amount due
7. Items as required by Contract
The Consultant shall be responsible for the management of the Consultant Team
(including subconsultants) overall project controls, actively coordinating with the PM
to manage the following:
1. Project costs
2. Project schedule
3. Document control including PDF versions of all deliverables, AutoCAD, Word,
and PDF files of final for bid documents. PDF versions of any notes from
meetings and workshops.
Monthly project status reports shall be prepared and submitted to the Owner, along
with the monthly invoices. The reports shall include the following:
1. A summary of services completed since the previous report, based on the
work order/contract tasks and subtasks
2. The current project schedule and budget status
3. Project issues and potential change logs
4. Milestones and/or deliverables scheduled in the coming month
5. Other material information per contract
All documents shall be provided electronically and compatible with:
1. Microsoft Office (Word, Excel, Power Point, Etc.)
2. Bluebeam (pdf Files)
3. AutoCAD
4. ArcGIS Pro
Deliverables:
1. Monthly invoices
2. Monthly project status reports
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3. Project schedule tracking
Task 2 – Funding and Permitting Support
Subtask 2.1: Funding Support
Prepare a Site Location Application Amendment and Addendum to the Sidestream
Phosphorus Removal Process Design Report (PDR). The PDR addendum will be
submitted, with the 30 percent design documents, along with the SRF Loan
Application submitted by the City.
The following sections are to be included in the addendum prepared by Consultant:
1. Introduction and Background
2. Existing Facilities – description of treatment process updates since 2018
3. Contributing Service Areas – summary from 2025 Master Plan
4. Population Projections – summary from 2025 Master Plan
5. Flow and Load Summary – summary from 2025 Master Plan
6. Current CDPS Permit Requirements
7. Project Description – describe scope for Phase 2 improvements
8. Implementation Plan and Schedule
9. Appendices
i. CDPHE Forms, if applicable
ii. 30 Percent Design Drawings and Specifications
Sections to reference from approved PDR:
1. Project Location
2. Site Information including topography, geology, local hydrology, floodplain,
and wetlands.
3. Location Environmental Conditions and Impacts
4. Project Description
5. Operations Plan
6. Appendices
i. CDPHE Approvals
ii. Supporting Calculations
iii. Geotechnical Report
iv. Floodplain Map
Deliverables
1. CDPHE Site Location Application Amendment Form
2. Process Design Report Addendum
3. SRF Self-Certification Form
4. Determination of environmental planning support for a Categorical Exclusion
Subtask 2.1: Permitting
Develop a detailed Permitting Summary that will be incorporated into the Basis of
Design
Memorandum to include the following:
1. Identification of the federal, state, county and city regulatory requirements
including 1041 as well as the responsible party (e.g., Consultant or
Construction Contractor) for obtaining the permits.
2. Complete applications for applicable permits, if applicable.
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3. Establish a tracking system to monitor the progress and status of each permit
and associated fees, if applicable.
4. Establish a schedule for obtaining applicable permits including any lead
times, if applicable.
The information documented in the Permitting Summary will be integrated into the
design and construction processes, as appropriate.
Task 3 – Baseline Data
Review existing documents and data to develop base line information to facilitate the
design and construction phases.
1. Site inspection and investigation of existing system in support of design
2. Process piping investigation for a tie-in locations
3. Site mapping and measurement
4. Topographic and Utility Survey
5. Supplemental geotechnical investigation at the Phase 2 Reactor site
Deliverables:
1. Process Flow Diagram
2. Topographic and Utility Survey – AutoCAD and PDF Formats
3. Geotechnical Report
Task 4 – 30% Design
The 30% Design finalizes the scope for the project. This includes the design effort
necessary to determine the scope and involves all the design disciplines on the
project.
The design will be summarized in a Basis of Design Memorandum that covers all
major design criteria, including the development of a risk register, regulatory
standards, permits, materials, and design methodology, as well as a workshop
meeting with the City to gain consensus on the design.
This task also includes the design and specifications for procurement as well as
evaluation of equipment, review equipment proposals and manufacturer(s), and
provides specification assistance in the procurement process with the vendor and
City Purchasing in procuring the any necessary equipment.
Develop project Opinion of Probable Construction Cost incorporating the 30% design
documents as outlined in the American Association of Cost Engineers (AACE) Class
III cost estimate.
Deliverables:
1. Basis of Design Memorandum.
2. 30% Design Workshop.
3. Risk Register items that require mitigation.
4. Design documents
5. Develop list of viable equipment manufacturer vendors and assist in selection
of same
6. 30% Design Drawings in electronic PDF format and electronic AutoCAD files.
7. 30% design level draft of project specific Division 1 specifications in electronic
Word format using the CSI Master Format.
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8.30% design Opinion of Probable Construction Cost (Class III).
C.Deliverables/Milestones
The timeline for 30 percent design and PDR addendum deliverables must be complete
for inclusion in an SRF Loan Application due by June 5, 2026. Consultant is to provide a
more detailed, realistic schedule with milestones and critical timelines. Anticipated dates
for contracting as a response to this RFP can be found Section F: Anticipated Schedule.
D.Minimum Qualifications
The qualified Professional firm can be located out of the state of Colorado, but the
Principal Professional Engineer for each discipline must be registered in the state of
Colorado.
E.Preferred Qualifications & Experience
Minimum of One (1) similar project with a public agency. Provide relevant information
regarding previous experience related to similar sidestream phosphorus removal
treatment process projects.
F.Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
Phase 1 Schedule -
•RFP issuance:
•Pre-Proposal Meeting (On-Site):
•Question deadline:
•Final Addendum Issued:
•Proposal due date:
•Phase 2 Notifications:
Phase 2 Schedule
•Interviews (tentative):
September 18, 2025
9:30 AM MT on October 7, 2025
3:00 PM MT on October 9, 2025
October 15, 2025
3:00 PM MT on October 22, 2025
Week of November 3, 2025
•
•
•
G.Interviews
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platform such as Microsoft Teams or Zoom.
H. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Professional will be required to
provide original receipts to the City for all travel expenses.
I. Subcontractors/Subconsultants
Professional will be responsible, with the acceptance by the City, for identifying any
subcontractors and/or subconsultants in their proposal. Please note that the City may
contract solely with the awarded Professional; therefore, subcontractors and/or
subconsultants will be the responsibility of the Professional.
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(s) will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section VI for reference purposes. In the
event that the City has agreements with multiple Professionals for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Professionals or assign Work Orders directly to a Professional at its sole
discretion. Selection for individual Work Orders may be based on, but not l imited to,
availability, approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
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
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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. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Professional each month
following the 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 twenty (20) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Professionals are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what
Professionals propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Professional Information
1. Describe the Professional’s business and background
2. Number of years in the business
3. Details about ownership
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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
Professional.
7. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Is the project team available to attend meetings as required by the Scope of Work?
10. Provide an outline of the schedule for completing tasks.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page.
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 one (1) similar projects with a public agency 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,
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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
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
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contractual terms are requested, provide suggested revisions.
G. Acknowledgement & Byrd Anti-Lobbying Certification
The Acknowledgement & Byrd Anti-Lobbying Certification 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 of the terms, conditions and other provisions set
forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and interview session.
Interviews of the top-rated Professionals will be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
3.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the 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?
6.0 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? 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?
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
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V. ACKNOWLEDGEMENT & BYRD ANTI-LOBBYING CERTIFICATION
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 10223 Engineering Services – Phase 2 – Sidestream
Phosphorus Removal at DWRF 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 acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA . All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
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Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
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Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)
CERTIFICATION
The Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying
Amendment. The Contractor attests that it has certified that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal Contract, grant or any
other award covered by 31 U.S.C.1352. The Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor, ________________ ___, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
__________________________ Entity Name
__________________________ Signature of Authorized Official
__________________________ Name and Title of Authorized Official
__________________________ Date
NOTE: ACKNOWLEDGEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. 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(Year) (the Effective Date)
and shall continue in full force and effect until , 20(Year), unless sooner terminated
as herein provided. In addition, at the option of the City, the Agreement may be extended
for additional one (1) year periods not to exceed [choose one] additional one-year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties only at
the time of renewal. Written notice of renewal shall be provided to the Professional no
later than thirty (30) days before Agreement end. Should written notice of renewal be
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delayed, the parties agree that this Agreement may automatically extend on a month-to-
month basis until a renewal is completed. Upon expiration of the final renewal term, the
Agreement may continue but not to exceed one (1) year if required to complete any active
Work Orders in accordance with Section 8-186 of City Code.
5. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause or penalty by providing at least ten (10)
calendar days written notice of termination to the Professional.
In the event of early termination by the City, the Professional shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
Professional 's obligations under this Agreement. Professional shall submit a final invoice
within ten (10) calendar days of the effective date of termination. Payment shall be the
Professional's sole right and remedy for termination.
6. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Professional: City: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Mandy Rasmussen
PO Box 580
Fort Collins, CO 80522
mrasmussen@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Professional [choose one] as designated in Exhibit D, consisting
of [# of Pages], attached and incorporated herein. At the election of the City, each Work
Order may contain a maximum fee, which shall be negotiated by the parties hereto for each
Work Order. Partial payments based upon the Professional’s billings and itemized
statements are permissible as defined in the applicable Work Order. The amounts of any
partial payments shall be based upon the Professional’s City-verified progress in completing
the Service(s) to be performed pursuant to the Work Order and upon approval of the
Professional’s direct reimbursable expenses. Payment shall be made following acceptance
of the Services by the City.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the Professional following the
submittal of a correct itemized invoice by the Professional. The City is exempt from sales
and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of
the license is available upon written request.
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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 utilize the Project
Instruments for similar projects, provided however, in such event the Professional shall
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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.
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;
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.
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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,
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.
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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
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
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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. Professional acknowledges that the City is a governmental
entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and
documents in the City’s possession may be considered public records subject to disclosure
under the CORA. The parties agree that this Agreement, all incorporated Exhibits, and all
future Work Orders, unless specifically marked as Confidential, are considered public
records under the CORA.
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
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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 [# of Pages], Exhibit XX – Contract Provisions for Non-Federal Entity Contracts
Under Federal Awards, consisting of [# of 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 A PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 10223 Engineering Services – Phase 2 –
Phosphorus Removal at DWRF
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 A greement 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:
Jake Rector, Purchasing Manager
Gerry Paul, Purchasing Director (if greater than $300,000)
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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: 10223 Engineering Services – Phase 2 –
Phosphorus Removal at DWRF
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
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EXHIBIT D
COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
The 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.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Professional under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, City customer identifiable information (including account, address,
billing, consumption, contact, and other customer data), utility metering data, service billing
records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer
identifiable information in any form, whether or not bearing a mark of confidentiality or
otherwise requested by the City, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this Agreement and related to the services for which Professional has
been engaged shall be considered in the same manner and be subject to the same treatment
as the information disclosed after the execution of this Agreement with regard to protecting it
as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental to
Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The C ity 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 f or 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 limit ation, 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 for breach of this
Agreement and therefore, the Disclosing Party shall be entitled, as a non-exclusive remedy,
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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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EHXIBIT XX
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL
AWARDS
(A) [All Contracts in excess of $10,000 must address termination for cause and for
convenience including the manner by which it will be effected and the basis of the
settlement.]
Termination.
Termination for Convenience. The City may terminate this Contract, in whole or in part, for
any reason, upon five (5) days written notice to the Contractor. In such event, the City
shall pay the Contractor its costs, including reasonable Contract close -out costs, and profit
on Work performed up to the time of termination. The Contractor shall promptly submit its
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, re organization 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.
(B) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the definition
of “federally assisted construction Contract” in 41 CFR Part 60-1.3]
Equal Employment Opportunity. Contractor agrees to comply with the Equal
Opportunity Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41
CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive
Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.” Contractor further agrees to include this provision,
including the Equal Opportunity Clause or a reference thereto, in any subcontracts it
enters into pursuant to the Contract.
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
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origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
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
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as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subContract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subContract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally
assisted construction work: Provided, that if the applicant so participating is a State or
local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work
on or under the Contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of Contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any Contract or
Contract modification subject to Executive Order 11246 of September 24, 1965, with a
Contractor debarred from, or who has not demonstrated eligibility for, Government
Contracts and federally assisted construction Contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon Contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
(9) [Reserved]
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(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.
(C) [If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a)]
Rights to Inventions Made Under a Contract or Contract. For Contracts entered into by
the Contractor or the City with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the parties must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Contracts,” and any implementing regulations issued by the awarding agency.
(D) [For Contract awards (see 2 CFR 180.220)]
Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests
that it is not listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, the Contractor is required to verify that none of the C ontractor’s
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any lower
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tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
(E) [All Contracts]
Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with
all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the
EPA guidelines.
a. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired:
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(F) [All Contracts]
Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR §200.216). Contractor is prohibited from using equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
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(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.
(G) [All Contracts]
2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the
extent consistent with law, Contractor should, to the greatest extent practicable, prefer the
purchase, acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards including all
Contracts and purchase orders for work or products under this award.
(H) [All Contracts]
2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises,
and Labor Surplus Area Firms. The City will take affirmative steps to solicit and include
small, minority, and women-owned businesses when possible in an effort to encourage
participation and fair competition in providing supplies/services described in this
solicitation. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must
include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
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If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure
that minority businesses, women’s business enterprises, and labor surplus area firms are
used as required by 2 C.F.R. § 200.321.
(I) Bid Protest Procedures
City of Fort Collins Bid Protest Procedures. The City of Fort Collins has a protest
procedure covering any phase of solicitation or award, including but not limited to
specification or award. The protest procedures are available from the Purchasing
Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort
Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
(J) Title VI of the Civil Rights Act of 1964 - The sub-grantee, contractor, subcontractor,
successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of
1964, which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a person on
the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI also
includes protection to persons with “Limited English Proficiency” in any program or activity
receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the
Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein
incorporated by reference and made a part of this contract or agreement.
(K) 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.
(L) 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.
(M) BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Applies to all contracts exceeding $100,000.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the
required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it
has certified that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award.
If contract exceeds $100,000 the contractor is required to sign the attached
certification.
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(N) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPENDIX II TO PART
200)
Applies to all contracts over $100,000 that involve the employment of mechanics or laborers.
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 b asic rate of pay
for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or Contracts for transportation
or transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (a) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (a) of this section, in the sum
of $26 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its
own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
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(O) CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT
Applies to all contracts exceeding $150,000.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
a. All parties agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). All parties shall report violations to the
Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
b. The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal funds.
(P) DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(49 CFR Part 26)
Applies to contracts awarded on the basis of a bid or proposal offering to use DBEs.
Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 2.29%. No DBE Participation has established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as the City of Fort Collins deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
(Q) BUILD AMERICA, BUY AMERICA REQUIREMENTS
Applies to contracts exceeding $150,000 (When tangible property of construction is
acquired.)
Build America – Construction materials used in the Project are subject to the domestic
preference requirement of the Build America, Buy America Act, Pub. L. 117 -58, div. G, tit.
IX, §§70911 – 70927 (2021), as implemented by the U.S. Office of Management and
Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that
this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b).
Buy America – The domestic preference requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR Part 661, to the extent consistent with
49 U.S.C. 5323(j) apply to this contract.
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Uniform Administrative Requirements. Compliance with FTA’s Buy America requirements
shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preference for Procurements”.
Limitations on Certain Rolling Stock Procurements. The contractor will comply with the
limitations on certain rolling stock procurements at 49 U.S.C. § 5323(u).
If contract exceeds $150,000, the contractor is required to sign the attached certification ,
except those subject to a general waiver.
Build America, Buy America (BABA) Act. Construction materials used in the Project are subject
to the domestic preference requirement of the Build America, Buy America Act. Pub. L. 117 -58,
div. G, tit. IX 70911 – 70927 (2021), as implemented by the U.S. Office of Management and
Budget, the U.S. Department of Transportation, and FTA. The Recipient acknowledges that this
agreement is neither a waiver of 70914(a) nor a finding under 70914(b).
A bidder or offeror must submit to the City recipient the appropriate Buy America certification
(below) with all bids and pay applications for the duration of the project or offers on Federally
funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Build America/Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
BIDDER MUST SIGN THE FOLLOWING:
Certification requirement for Buy America - procurement of steel, iron, or manufactured
products and that the products pass the two part BABA test for determining if a product
qualifies as a domestic end product (i) the item must be manufactured in the US, and (ii)
more than 65 percent of the cost of all the component parts must be manufactured in the
US.
Indemnification: If the products are determined to be non-compliant at any point during the
agreement or future audit, the Contractor will be responsible for any liability incurred by the City.
The Contractor agrees to indemnify and save harmless the City, its officers, agents and
employees against and from any and all actions, suits, claims, demands or liability of any
character whatsoever, brought or asserted for injuries to or death of any person or persons, or
damages to property arising out of, result from or occurring in connection with the performance of
any service hereunder.
BIDDER or OFFEROR:
The bidder or offeror hereby certifies that it will meet the requirements of Buy America 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5, Build America, Buy America
Act. Pub. L. 117-58, div. G, tit. IX 70911 – 70927 (2021).
Date _______________________________________________________________________
Signature ____________________________________________________________________
Company Name _______________________________________________________________
Title ________________________________________________________________________