HomeMy WebLinkAboutRFP - 10233 Front Range Passenger Rail - Station Area Planning Fort Collins & Loveland
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 1 of 49
REQUEST FOR PROPOSAL
10233 FRONT RANGE PASSENGER RAIL – STATION AREA PLANNING
FORT COLLINS & LOVELAND
RFP DUE: 3:00 PM MT (Mountain Time), NOVEMBER 17, 2025
The City of Fort Collins in collaboration with the City of Loveland are requesting proposals from
qualified Professionals to identify station locations for Loveland and Fort Collins that meet the
required criteria for full build out of Front Range Passenger Rail via Joint Service. Site locations
will be fully assessed to meet design criteria and have been subject to extensive public and
stakeholder outreach. Through coordination with the Colorado Department of Transportation
(CDOT), CDOT’s preference is that chosen stations for Joint Service may be the same site as
the long-term Front Range Passenger Rail District (FRPR) but may be different due to
extenuating circumstances. This project will also identify the long-term station location and a
phasing plan between the two planned services if they are different. At the end of this project
the Cities of Fort Collins and Loveland will be fully coordinated with the larger passenger rail
effort, be ready for any National Environmental Policy Act (NEPA) requirements and prepared to
engineer any required improvements to accept rail service.
Award under this RFP is subject to appropriation of funds. This project is funded utilizing
federal funds and local funds from each municipality. Each Cities share of the project cost is
subject to their respective City Council’s appropriation of funds which is anticipated to be
completed in November 2025.
Because this solicitation is federally funded, proposals must NOT include pricing.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Gerry Paul, Purchasing Director
at gspaul@fcgov.com, with a copy to Seth Lorson, Senior Transportation Planner, at
slorson@fcgov.com, no later than 3:00 PM MT on October 31, 2025. Please format your e-
mail to include: RFP 10233 FRONT RANGE PASSENGER RAIL – STATION AREA PLANNING
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):
90656 Landscape Architecture
90657 Land Development and Planning - Architectural
90664 Planning, Uban
Financial Services
Purchasing Division
nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 2 of 49
91842 Engineering Consulting
91892 Urban Planning Consulting
92517 Civil Engineering
92533 Engineer Services, Professional
92535 Environmental Engineering
92561 Land Development and Planning/Engineering
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. 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.
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
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 3 of 49
exception to participating in Direct Deposit (Electronic) payments please clearly note such in your
proposal as an exception. The City may waive the requirement to participate in Direct Deposit
(Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive, or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 4 of 49
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Overview
Colorado State legislation created the Front Range Passenger Rail District (FRPRD) to
bring intercity passenger rail service from Pueblo to Fort Collins with the long-term vision
of connecting to New Mexico and Wyoming. The FRPRD has recently authorized an
Intergovernmental Agreement (IGA) with the Colorado Department of Transportation
(CDOT), Clean Transit Enterprise (CTE), Colorado Transportation Investment Office
(CTIO), Regional Transportation District (RTD), and the Governor’s Office creating a Joint
Service Executive Oversight Committee (JSEOC). JSEOC is tasked with creating a rail
service from Denver to Fort Collins which is targeted to begin in 2029 with three round
trips per day.
The cities of Fort Collins and Loveland are working to identify passenger rail station
locations suitable for Front Range Passenger Rail. The station location will need to meet
minimum criteria for size and service as outlined by the FRPRD and Colorado
Department of Transportation (CDOT). The process will require close coordination with
several entities: CDOT, FRPR, BNSF Railroad, local city councils, and the JSEOC.
The City of Fort Collins and the City of Loveland have contributed to the following scope
of work which will be divided to separately address the needs of each community under a
single competitive RFP process.
It is the Cities’ intent to contract with a single Professional team capable of
completing the project in its entirety. The Cities of Fort Collins and Loveland have
provided separate scopes of work for accounting and grant administration
purposes. The City of Fort Collins intends to award one contract with separate
work orders for each municipality. Each work order will incorporate the respective
City’s final Scope of Work.
Award under this RFP is subject to appropriation of funds. This project is funded utilizing
federal funds and local funds from each municipality. Each Cities share of the project
cost is subject to their respective City Council’s appropriation of funds which is
anticipated to be completed in November 2025.
The Federal Terms and Conditions are attached to this RFP in Exhibit G. Because this
project will be funded with federal funds, proposals must NOT include any pricing
information. The City will follow Brooks Act procedures and negotiate direct labor and
overhead with the most qualified firm. Please submit information regarding any experience
you have with federal projects.
B. Purpose
The principal purpose of this project is to identify station locations for Loveland and Fort
Collins that meet the required criteria for Joint Service full build out of Front Range
Passenger Rail (FRPR). Site locations will be fully assessed to meet design criteria and
have been subject to extensive public and stakeholder outreach.
Station locations for Joint Service are currently being evaluated by CDOT. The principal
criteria being used is cost and efficiency. CDOT’s preference is that chosen stations for
Joint Service may be the same site as the long-term Front Range Passenger Rail District
(FRPR) but may be different due to extenuating circumstances. Should the station
locations differ from Joint Service, this project will also identify the long-term station
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 5 of 49
location and a phasing plan between the two planned services. At the end of this project
the Cities of Fort Collins and Loveland will be fully coordinated with the larger passenger
rail effort, be ready for any NEPA requirements, and prepared to engineer any required
improvements to accept rail service.
C. Coordination
The project will need to be closely coordinated with the FRPRD, CDOT, and JSEPC. The
JSEOC is presently working to identify station locations for Joint Service and may need
additional assistance when this project begins. Local effort is currently underway to begin
identifying suitable sites and evaluation criteria. The proposed process will refine work
already done and coordinate funding, timing, criteria, railroad requirements, expectations,
leadership, and approvals to ensure smooth implementation of Joint Service for Fort
Collins and Loveland. Coordination with the JSEOC (or their designee) will play a major
role in the scope of work and schedule for this project. The process should expect to be
flexible based on changes informed by the greater effort.
II. SCOPE OF PROPOSAL A. Scope of Work
The following outlines the scope of work needed to identify suitable station locations for
long-term Front Range Passenger Rail service. Some additional analysis of Joint Service
stations and service may be required depending on coordination with the JSEOC. Final
work plans will outline a phased approach to the project.
The Cities of Fort Collins and Loveland each plan to have station locations for the same
proposed passenger rail project. Each municipality will require customized station
analysis and community engagement. Some tasks identified below may be adequate for
both communities’ needs while others will require community-specific work. A successful
proposal will help identify items that are general versus custom to each community.
The Cities of Fort Collins and Loveland have provided separate scopes of work for
accounting and grant administration purposes and will be reflected in the contract with
independent work orders for each municipality.
B. City of Fort Collins
1. Work Plan and Public Involvement Plan
• Fort Collins budget $250,000
• Work Plan:
The project management plan will be created in collaboration with the City of Fort
Collins based on the successful team’s proposal, this scope of work, and direct
communication with the project management team. The work plan will include, at
a minimum, the following:
o Project team goals and objectives
o Project management plan
o Team communication plan
o Team member and role list
o Meeting schedule and updates
o At least one site visit
o Project schedule and deliverable deadlines
o QA/QC protocols
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• Public Involvement Plan (PIP)
The PIP will be developed with the City of Fort Collins based on a consensus
regarding the level of public and stakeholder involvement deemed necessary. The
tasks below have not specifically identified public involvement needs, this will
need to occur during the work plan development. The PIP will include, at a
minimum, the following:
o Engagement goals and level of engagement
o Stakeholder list: business community, mobility advocacy community, CSU,
community members at large, City boards and commissions, Larimer County
etc.
o Engagement schedule as it relates to the project schedule
o Tools and techniques for engagement
o Team members allocated to each engagement strategy/meeting
• Deliverables:
o Project Work Plan
o Public Involvement Plan
2. Vision, goals, and objectives
This task is a collaborative effort seeking to align understanding of the goals for the
various groups involved. The FRPRD, JSEOC, City of Fort Collins, and City of
Loveland have policy directions that need to be in sync to move forward with
successful station planning and implementation. This information will guide project
direction and decisions. Informing the project vision, goals, and objectives include, at
a minimum, the following:
• FRPR station planning principles
• City of Fort Collins
o Council priorities
o City Plan/Strategic Plan
o State and local Transportation and Land Use policy plans
o Current and planned development along the BNSF corridor
o Current and planned capital projects
• Deliverables:
o Vision, goals and objectives document
3. Assumptions documentation and lessons learned
• Prior to the development of the program and station sites identification, the team
will document any base assumptions; as well as lessons learned from other
similar studies that may be helpful to the process. This could include:
o Service plans - As a baseline the team will confirm the service plan
assumptions for both Joint Service and full buildout of the FRPRD (frequency,
timetable, dwell, etc.).
o Peer studies – A simple review and discussion with the agency leads of recent
station location studies for Colorado Springs and Pueblo will be completed.
o Other – Other technical and base assumptions TBD.
• Deliverables:
o Assumptions and lessons learned document
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4. Site location Criteria and Evaluation Process
Several sources of criteria exist including work done with the Service Development
Plan (SDP), City of Fort Collins identified additional criteria, and criteria specific to the
delivery of Joint Service. This task will separate Joint Service from FRPR with an
intent to provide adequate information to decide on a station for Joint Service in the
short term. The work will set the foundation to evaluate station options for the longer
term FRPR service.
Joint Service:
• Station locations for Joint Service are currently being evaluated by CDOT. The
principal criteria being used is cost and efficiency.
• The platform and station design is significantly different from FRPR and may be
temporary until FRPR is able to financially support the larger vision.
• Depending on the status and outcome of CDOT’s assessment, this project may be
asked to further the site evaluation, community engagement, and/or site planning
for Joint Service.
Front Range Passenger Rail (FRPR):
Critical to the outcome of the site evaluation process is understanding the anticipated
timeline for a district-wide ballot initiative and full development of the service. This will
inform the ability of Fort Collins to possibly acquire and redevelop a new site for a
train station.
• Sites that may be evaluated for Front Range Passenger Rail include:
o Vine and Linden
o Downtown Transit Center
o Colorado State University (CSU) main campus
o Transfort MAX Drake Station
o Drake and McClelland (south of Drake)
o Transfort MAX Horsetooth Station
o Transfort South Transit Center
• FRPR station location identification and development criteria:
o SDP Criteria: Ridership, site location and ownership, size and configuration,
parking, land use, multimodal connectivity, traffic operations, railroad
operations, site physical features, environmental considerations, local
economic development and/or transit-oriented development (TOD) goals, prior
planning, cost considerations. Some of these criteria are more relevant to this
effort than others and will be thoroughly vetted in this process.
o City of Fort Collins local criteria: non-displacement/gentrification, equity (Title VI
Requirements), vibrancy/sense of place, economic development opportunities,
proximity to activity centers, updated service snapshot with anticipated
ridership: volume, purpose, and demographics.
o FRPR criteria: finalized platform size, siding size, station program and
dimensional requirements (this may be informed by community involvement
and each site may have different needs such as if it is combined with a
Bustang station or already includes parking and transit etc...)
• FRPR evaluation:
o The seven sites identified should use a process of elimination based on criteria
identified. This process should narrow the sites to three, including whichever
site is chosen for Joint Service.
o The three chosen sites should have a greater depth of evaluation with
consideration toward next steps such as property acquisition, redevelopment,
and cost.
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• Deliverables:
o Evaluation report for seven identified sites
o Final three sites identification report
5. Site planning and costing
Site layouts for the three final sites should be informed by community involvement
and site constraints. The site plan will include, at a minimum, the following:
• Platform and access
• Passenger circulation and amenities (shelter, seating, variable message signs,
speakers, security, ticket vending etc...)
• Safety & security: EMS, fire etc...
• Parking
• Integration with existing and future multi-modal facilities
• Pick-up/drop-off etc...
• Mixed-use with possible integration with a transit facility
• Integration with a future mobility hub
• Other – TBD
• Deliverables:
o Three station site plans
o Effort outlined to achieve each site plan
o Cost estimates for acquisition and development
6. Next steps implementation and funding options
• Based on the preferred sites identified, the team will develop a strategy with the
PMT for next steps implementation and funding options.
o Funding sources (grants, etc.) for relevant city commitments for stations
implementation (Joint Service and FRPR)
o National Environmental Policy Act (NEPA) clearance
o Joint Service next steps and requirements
o FRPR next steps and requirements
o Timeline for implementation and phasing
• Deliverables:
o Draft and final next steps implementation and funding memorandum
7. Final documentation and presentation
• The team will develop a final report documenting the process, sites development,
evaluation, engagement, and outcomes. This report will build upon the
memoranda developed throughout the project.
• Deliverables:
o Draft and final report and appendixes
o Presentation outlining process and outcome
C. City of Loveland
1. Work Plan and Public Involvement Plan
• Loveland budget $150,000
• Work Plan:
The project management plan will be created in collaboration with the City of
Loveland based on the successful team’s proposal, this scope of work, and direct
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 9 of 49
communication with the project management team. The work plan will include, at
a minimum, the following:
o Project team goals and objectives
o Project management plan
o Team communication plan
o Team member and role list
o Meeting schedule and updates
o At least one site visit
o Project schedule and delivery deadlines
o QA/QC protocols
• Public Involvement Plan (PIP)
The PIP will be developed with the City of Loveland based on a consensus
regarding the level of public and stakeholder involvement deemed necessary. The
tasks below have not specifically identified public involvement needs; this will
need to occur during the workplan development. The PIP will include, at a
minimum, the following:
o Engagement goals and level of engagement
o Stakeholder list:
Community at large, public stakeholders
City of Loveland Boards and Commissions
Business community and organizations
Transit and multimodal advocacy groups
neighborhood associations and organizations
other relevant stakeholders TBD
o Engagement schedule as it relates to the project schedule
o Tools and techniques for engagement
o Team members allocated to each engagement strategy/meeting
• Deliverables:
o Project Work Plan
o Public Involvement Plan
2. Vision, goals, and objectives
This task is a collaborative effort seeking to align understanding of the goals for the
various groups involved. The FRPR District, CDOT, City of Fort Collins, and City of
Loveland have policy directions that need to be in sync to move forward with successful
station planning and implementation. This information will guide project direction and
decisions. Informing the project vision, goals, and objectives include, at a minimum, the
following:
• FRPR station planning principles
• Loveland local goals
o Council priorities
o City Plan/Strategic Plan
o State and local Transportation and Land Use policy plans
o Current and planned development along the BNSF corridor
o Current and planned capital projects
• Deliverables:
o Joint team visioning and goals development meeting materials, facilitation,
and summary.
o Draft and final memorandum documenting the common vision; as well as any
city specific goals and objectives.
o Draft and final graphic presentation of vision, goals, and objectives (for simple
presentation with stakeholders)
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3. Assumptions documentation and lessons learned
• Prior to the development of the program and station sites identification, the team
will document any base assumptions; as well as lessons learned from other
similar studies that may be helpful to the process. This could include:
o Service plans - As a baseline the team will confirm the service plan
assumptions for both Joint Service and full buildout of the FRPRD (frequency,
timetable, dwell, etc.).
o Peer studies – A simple review and discussion with the agency leads of
recent station location studies for Colorado Springs and Pueblo will be
completed.
o Other – Other technical and base assumptions TBD.
• Deliverables:
o Assumptions and lessons learned document
4. Site location Criteria and Evaluation Process
Several sources of criteria exist including work done with the Service Development Plan
(SDP), and locally identified criteria. The task will evaluate station locations for FRPR full
build out and may consider phasing from Joint Service to full build out should the
stations be different.
• Sites that may be evaluated include:
o Loveland Downtown BNSF
o Loveland Depot/MOC
• Evaluation Criteria
o The Professional will work with the PMT to define the evaluation process and
criteria to compare potential station sites.
o Criteria development will build upon the SDP with additional local criteria.
o Criteria categories may include:
o SDP Criteria
Ridership, site location and ownership, size and configuration,
parking, multimodal connectivity, traffic operations, railroad
operations, site physical features, local economic development
and/or transit-oriented development (TOD) goals,
environmental considerations, cost considerations
o Loveland Criteria
Ownership/ROW
Environmental
Community input
Property value and tax valuation
Economic development
Multimodal connections (transit, active modes facilities)
Other – TBD.
o FRPR criteria:
finalized platform size, siding size, station program and
dimensional requirements
• Deliverables:
o Draft and final memorandum detailing the agreed upon evaluation process,
criteria development, and final criteria categories and measures
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 11 of 49
5. Site selection criteria/layout/initial costing
• Develop draft station program for the proposed station location in partnership
with the PMT. The general program will define the desired uses and general
sizing for the components of the station, not the specific layouts of design. This
exercise aims to create a general assignment of the potential space needed for
each use (approximate square footage). With this information, it will be simple to
decide if a potential site for consideration can meet the basic parameters for the
station prior to developing layouts or more detailed analysis. The program should
consider the space needed for basic components of the station including:
o Rail features – General percentage of the program associated with rail
features such as track, platform, access, etc.
o Transit access – General percentage of the program for transit stop,
boarding, alighting, etc.
o Multimodal access – General percentage of the program for walking, bike, or
other active transportation access, etc.
o Building – Is a station building desired? If so, what percentage of the site
would be dedicated and what is its core function? Consider factors such as
waiting areas, restrooms, office space, retail, restaurants, etc.
o Public space and landscaping – Define a potential percentage of the site
associated with these elements.
o Parking and vehicle access – Is parking needed and if so what potential
percentage of the site should be dedicated to parking, drive aisles, etc.
o A basic layout (design on aerial) will be developed for each station location
site identified prior to evaluation. This layout will provide a conceptual
understanding of the configuration of the program on each site; as well as
potential constraints and high-level impacts.
• Base cost ranges will be developed for comparative evaluation purposes only.
6. Evaluation
• Station sites will be evaluated by applying the criteria previously developed
• A preferred site for FRPR (full buildout) will be developed and documented.
• Deliverables:
o Draft and final evaluation memorandum and supporting materials for the
evaluation, including justification and supporting graphics.
7. Site Planning and Costing
• Layouts of the preferred site(s) will be refined and further developed to
incorporate stakeholder feedback
• Phasing plans will be included from Joint Service to full build out (if stations differ
from Joint Service)
• A detailed cost range will be developed
• Elements to be included
o Platform and access.
o Passenger circulation and amenities (shelter, seating, variable message
signs, speakers, security, ticket vending etc.).
o Safety & security: EMS, fire etc.
o Parking.
o Pick-up/drop-off etc.
o Mixed-use with possible integration with a transit facility.
o Integration with a future mobility hub.
o Other – TBD.
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• Conceptual quantities and relevant unit costs will be identified based on the site
layout and recent local cost estimates. At this early level of design, cost estimate
ranges with appropriate contingency will be provided and documented.
8. Next steps: implementation and funding options
• Based on the preferred site(s) identified, the team will develop a strategy with the
PMT for next steps implementation and funding options.
o Funding sources (grants, etc.) for relevant city commitments for stations
implementation
o National Environmental Policy Act (NEPA) clearance
o FRPR next steps and requirements
o Timeline for implementation and phasing
• Deliverables:
o Draft and final next steps implementation and funding memorandum
9. Final documentation and presentation
• The team will develop a final report documenting the process, sites development,
evaluation, engagement, and outcomes. This report will build upon the
memoranda developed throughout the project.
• Deliverables:
o Draft and final report and appendixes
o Presentation outlining process and outcome
D. Anticipated project schedule:
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: October 20, 2025
• Question deadline: 3:00 PM MT on October 31, 2025
• Proposal due date: 3:00 PM MT on November 17, 2025
• Interviews (tentative): Week of December 1, 2025
• Award of Contract (tentative): December 2025
E. Interviews In addition to submitting a written proposal, the top-rated Professionals may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
F. Subcontractors/Subconsultants Professional will be responsible for identifying any subcontractors and/or subconsultants
in their proposal. Please note that the City will contract solely with the awarded
Professional; therefore, subcontractors and/or subconsultants will be the responsibility of
the Professional.
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G. 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.
H. 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).
I. Price Schedule
This RFP will NOT have a Price Schedule included as this competitive process will
follow the Brooks Act federal funding requirements. This will be a two-step
qualification based selection process with the selections based on each Professional’s
demonstrated competence and qualifications. After the final selection is made by the
Cities based on the Professional’s qualifications, the Cities will request the top ranked firm
to submit a fee proposal stating direct and indirect costs. This fee proposal will be the
basis for the parties to negotiate the contract pricing. In the event a fee is not agreed upon
in a reasonable time, the Cities will conclude negotiations with the top-ranked firm and
initiate negotiations with the second-ranked firm. Billings and payments will be made using
this negotiated Price Schedule.
J. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Professional each month
following the submittal of a correct invoice by the Professional indicating the project name,
work order number, 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 Agreement. In the event a service
is requested which is not stated in the Agreement, the Professional and the City will
negotiate an appropriate unit price for the service prior to the Professional initiating such
work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
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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 Cities. 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 Cities 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 on the proposed dates as stated
in the Schedule section.
B. Professional Information
1. Describe the Professional’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
Please provide detailed responses to the items below.
1. Proposed Services Narrative
Describe the full range of services your team proposes to deliver. Address how your
proposal aligns with the Scope of Work. Include any additional services or
approaches that may enhance the project’s value, feasibility, or impact.
2. Project Management & Responsibility
Explain how the project will be managed and coordinated. Identify the project
manager and describe their role in ensuring on-time delivery within the grant’s period
of performance, integration across disciplines, and quality control. Discuss team
coordination strategies to ensure cross-functional collaboration between engineering,
ecology, and design.
3. Execution Strategy, Assumptions & Risks
Provide your approach to executing the Scope of Work, including key assumptions,
work methods, phasing, and risk mitigation strategies.
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 15 of 49
4. Communication Plan
Describe your communication strategy with each of the City’s Project Managers and
other stakeholders. Include methods, timeline, and platforms used for coordination,
data exchange, and decision-making throughout the project’s period of performance.
5. Tools and Software
List all software, analysis platforms, and planning tools your team will use.
6. Subconsultants & Team Structure
Identify any subcontracted services or subconsultants. Describe their role, integration
into the team, and relevant experience.
7. Schedule Feasibility & Start Date
Confirm your ability to meet the project’s period of performance and proposed start
date. Note any risks to the schedule and how they will be managed.
8. Meeting Participation
Confirm that the proposed team is available to attend project meetings, including
work sessions, internal coordination meetings, and public review discussions as
outlined in the Scope of Work.
9. Task Schedule & Milestones
Provide a draft schedule outlining major project phases, deliverables, and
milestones.
D. Firm Capability and Assigned Personnel
Provide detailed and targeted information demonstrating your team’s capability to
successfully provide the services required by the Scope of Work.
1. Proposed Project Team & Organizational Chart – Provide a visual organization chart
showing key personnel proposed to be assigned to the project.
2. Resumes (One Page Each) – Provide resumes for key individuals proposed to support
the project to include any subconsultants and/or subcontractors.
3. Qualifications and Relevant Experience – Describe your firm’s and team’s experience
delivering project similar to the project described in the Scope of Work.
4. Project References – Provide at least three public-sector projects from the last five
years that are relevant in scope and scale of this project. For each, include:
a. Project title and description
b. Owner/client agency and primary contact (name, title, phone, email)
c. Original and final contract amount
d. Subconsultants used (if any)
e. Outcomes
E. Certification Regarding Lobbying
Complete, sign, and submit Section V, Certification Regarding Lobbying.
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 16 of 49
F. Acknowledgement
The Acknowledgement form is attached as Section VI. Complete the attached form
indicating the Professional has read and agrees to be fully bound by all the terms,
conditions and other provisions set forth in RFP 10233 Front Range Passenger Rail –
Station Rail Planning Fort Collins & Loveland.
G. Sample Agreement
Included with Section VII of this RFP is a sample Agreement that the City intends to use
for obtaining the services of the Professional. The Professional is required to review this
Agreement and indicate any objections to the terms of the contract. If revisions to the
contractual terms are requested, provide suggested revisions.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING FACTOR CRITERIA
50% Scope of Proposal
50% Firm Capability & Experience
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 17 of 49
V. CERTIFICATION REGARDING LOBBYING
LOBBYING
(31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20)
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Professionals who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under
the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C.
1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Professional] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form--LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance
with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 18 of 49
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
expenditure or failure.]
The Professional, ________________ ___, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In
addition, the Professional understands and agrees that the provisions of 31 U.S.C. A 3801,
et seq., apply to this certification and disclosure, if any.
__________________________ Signature of Professional's Authorized Official
__________________________ Name and Title of Professional's Authorized Official
___________________________ Date
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 19 of 49
VI. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Professional hereby acknowledges receipt of the Cities of Fort Collins and Loveland 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 10233 FRONT RANGE
PASSENGER RAIL – STATION AREA PLANNING FORT COLLINS & LOVELAND and
sample Agreement except as otherwise noted. Additionally, Professional hereby makes the
following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Professional’s knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Professional has read, understands, and signed the Certification Regarding Lobbying in
Section V.
i. Professional acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
RFP 10233 Front Range Passenger Rail – Station Area Planning Page 20 of 49
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
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VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
This Master Professional Services Agreement (Agreement) made and entered into the
day and year set forth in the Agreement Period section below, by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) [enter state]
[business type] (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
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10233 Front Range Passenger Rail Page 22 of 49
5. than thirty (30) days before Agreement end. Should written notice of renewal be delayed,
the parties agree that this Agreement may automatically extend on a month-to-month basis
until a renewal is completed. Upon expiration of the final renewal term, the Agreement may
continue but not to exceed one (1) year if required to complete any active Work Orders in
accordance with Section 8-186 of City Code.
6. 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.
7. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Professional: City: Copy to:
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
8. 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.
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10233 Front Range Passenger Rail Page 23 of 49
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.
9. 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 Deliverables as
defined in the Project Deliverables and License section below. The Professional shall,
without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies from such standards.
10. 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.
11. Insurance. The Professional shall maintain insurance in accordance with Exhibit [choose
one], consisting of [# of Pages], attached hereto and incorporated herein.
12. 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.
13. Project Deliverables 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 Deliverables), 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 Deliverables for use in performing the Services or construction
for the project. In addition, the license granted hereunder shall permit the City and third
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10233 Front Range Passenger Rail Page 24 of 49
parties reasonably authorized by the City to reproduce and utilize the Project
Deliverables for similar projects, provided however, in such event the Professional shall
not be held responsible for the design to the extent the City deviates from the Project
Deliverables. This license shall survive termination of the Agreement by default or
otherwise.
b. Upon payment under each applicable Work Order, Project Deliverables rendered by the
Professional shall become the City’s property. The Professional shall provide the City
with the Project Deliverables in electronic format in a mutually agreed upon file type.
14. City Project Manager. The City’s Project Manager will be shown on the specific Work Order
and shall make, within the scope of the Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change order and other clarification or instruction
shall be directed to the City Project Manager.
The initial City Project Manager for this Agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The City Project Manager is subject to change by the City.
15. 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.
16. 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.
17. 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.
18. 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
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP 10233 Front Range Passenger Rail Page 25 of 49
subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the
payment of any subcontractor/subconsultant; and
d. the Services of the subcontractor/subconsultant will be subject to inspection by the City
to the same extent as the Service(s) of the Professional.
The Professional shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the City as an additional insured under
this Agreement in accordance with Exhibit [choose one]. The Professional shall maintain a
copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance.
Upon request, the Professional shall promptly provide the City with a copy of the
certificate(s) within two (2) business days.
The Professional shall be responsible for any liability directly or indirectly arising out of the
Services performed under this Agreement by a subcontractor/subconsultant, which liability
is not covered by the subcontractor/subconsultant's insurance.
19. Acceptance Not Waiver. The City's approval of Project Deliverables 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.
20. 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.
21. 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.
22. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
Agreement of the parties regarding this transaction and the matter recited herein. This
Agreement shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The Agreement shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
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RFP 10233 Front Range Passenger Rail Page 26 of 49
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.
23. 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.
24. Prohibition Against Unlawful Discrimination. The Professional acknowledges that the City,
in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42
US.C. § 2000d to 2000d-4) , C.R.S. § 24-34-401, and any associated State or Federal laws
and regulations, strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation,
genetic information, or other characteristics protected by law. Pursuant to City policy, sexual
orientation means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that the employee has been discriminated against in violation of
the above policy or participating in an employment discrimination proceeding.
The Professional shall comply with the City’s policy for equal employment opportunity and
to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party subcontractors/subconsultants at every tier.
25. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
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.
26. Technology Accessibility. The Professional represents that the Project Deliverables
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
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Master Professional Services Agreement – Work Order Type
RFP 10233 Front Range Passenger Rail Page 27 of 49
(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 Deliverables meet these standards, the Professional may be
required to demonstrate compliance. The Professional shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the City
in relation to the Professional’s failure to comply with C.R.S. § 24-85-101, or the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
The City may require the Professional’s compliance to the State’s Accessibility Standards
to be determined by a third party selected by the City to attest to the Project Deliverables
and software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for
Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5).
27. Data Privacy. Professional will comply with all applicable data privacy regulations and laws,
specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 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.
28. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable law.
29. Colorado Open Records Act. 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.
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30. 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.
31. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Professional must provide notice to the City of such condition
within ten (10) days from the onset of the condition.
32. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting
of three (3) pages, and Exhibit G – Contract Provisions Under Federal Awards, consisting
of eleven (11) pages, each attached hereto and incorporated herein by this reference.
33. Order of Precedence. In the event of a conflict or inconsistency within this Agreement, the
conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this Agreement (and any written amendment),
b. Exhibits to this Agreement,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
34. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the City to indemnify or hold 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:
PROFESSIONAL MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
Professional agrees to perform the Service(s) identified above and on the attached forms in
accordance with and subject to the terms and conditions contained herein and in the Master
Services Agreement (Agreement) between the parties. This Work Order is incorporated into the
Agreement, and the Agreement and all prior amendments or other modifications to the
Agreement, if any, remain in full force and effect. In the event of a conflict between or ambiguity
in the terms of the Agreement and this Work Order (including the attached forms) the Agreement
as set forth in the Order of Precedence section of the Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the Agreement or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, City Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
GENERAL SCOPE OF WORK
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, City Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT D
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price
adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT E
INSURANCE REQUIREMENTS
The Professional will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Professional shall furnish the City with certificates of insurance showing the type, amount, class
of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Professional, insurance as the City may deem proper
and may deduct the cost of the insurance from any monies which may be due or become due the
Professional under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City of Fort Collins and City of Loveland, its officers, agents and employees shall be
named as additional insureds on the Professional's general liability and automobile
liability insurance policies by marking the appropriate box or adding a statement to this
effect on the certificate, for any claims arising out of work performed under this
Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this Agreement for all of
the Professional 's employees engaged in work performed under this Agreement. Workers'
Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000
per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as
required by Colorado law.
B. General Liability. The Professional shall maintain during the life of this Agreement General
Liability insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property damage
shall be on a (broad form) basis. The amount of insurance for General Liability shall not be
less than $1,000,000 combined single limits for bodily injury and property damage.
C. Automobile Liability. The Professional shall maintain during the life of this Agreement
Automobile Liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a (broad form) basis. The amount of insurance for Automobile Liability
shall not be less than $1,000,000 combined single limits for bodily injury and property damage.
D. Errors and Omissions. The Professional shall maintain errors and omissions insurance in the
amount of $1,000,000.
E. Cybersecurity. The Professional shall maintain cybersecurity insurance in the amount of
$3,000,000.
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EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Professional under this
Agreement, the parties agree to comply with reasonable policies and procedures with regard to
the exchange and handling of confidential information and other sensitive materials between the
parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, City customer identifiable information (including account, address,
billing, consumption, contact, and other customer data), utility metering data, service billing
records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer
identifiable information in any form, whether or not bearing a mark of confidentiality or
otherwise requested by the City, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this Agreement and related to the services for which Professional has
been engaged shall be considered in the same manner and be subject to the same treatment
as the information disclosed after the execution of this Agreement with regard to protecting it
as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this Agreement and not in any way detrimental to
Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The City and Professional shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this Agreement as an on-going obligation of the Parties.
Professional shall not use such information to obtain any economic or other benefit for itself,
or any third party, other than in the performance of obligations under this Agreement.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, Professional must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take
appropriate steps to mitigate identity theft if it occurs with any of the City’s covered information
and must notify the City in writing within twenty-four (24) hours of discovery of any breaches
of security or Red Flags to the City.
7. Data Protection and Data Security.
Professional shall have in place information security safeguards designed to conform to or
exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) Professional’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
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• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. Professional may use subcontractors, though such activity shall not
release or absolve Professional from the obligation to satisfy all conditions of this
Agreement, including the data security measures described in this Exhibit, and to require
a substantially similar level of data security, appropriate to the types of services provided
and Confidential Information received, for any subcontractor Professional may use.
Accordingly, any release of data, confidential information, or failure to protect information
under this Agreement by a subcontractor or affiliated party shall be attributed to
Professional and may be considered to be a material breach of this Agreement.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the Professional can ensure security for the Confidential Information so stored.
Workstations or laptops to be used in the Services will be required to have personal firewalls
on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or Agreement and at any time
thereafter unless specifically authorized by the City in writing.
10. Termination Remedy. If Professional breaches any of the terms of this Exhibit, in the City’s
sole discretion, the City may immediately terminate this Agreement and withdraw
Professional’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this Agreement to provide
Project Deliverables 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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EXHIBIT G
Contract Provisions Under Federal Awards
Appendix II to Part 200
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the City under the Federal award must contain provisions covering the following, as
applicable.
(A) Contracts for more than the simplified acquisition threshold ($150,000 or less, if awarded
prior to June 20, 2018, or $250,000 or less for procurements awarded after June 20, 2018),
which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council
and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C.
1908, must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and penalties
as appropriate.
Breach. Any breach of the Contract by Professional shall be governed by the termination
and remedies provisions of the Contract. Additionally, in the event that the City incurs
damages as a result of Professional’s breach, the City may pursue recovery of such
damages from Professional. The City further retains the right to seek specific performance
of the Contract at any time as authorized by law. The City further retains the right to
otherwise pursue any remedies available to the City as a result of the Professional’s breach,
including but not limited to administrative, contractual, or legal remedies, as well as any
applicable sanctions and penalties.
Remedies for Non-Performance. If Professional fails to perform any of its obligations
under this Contract, the City may, at its sole discretion, exercise one or more of the following
remedies, which shall survive expiration or termination of this Contract:
a. Suspend Performance: County may require that Professional suspend performance of
all or any portion of the Work pending necessary corrective action specified by the
County and without entitling Professional to an increase in compensation or extension
of the performance schedule. Professional must promptly stop performance and
incurring costs upon delivery of a notice of suspension by the County.
b. Withhold Payment Pending Corrections: County may permit Professional to correct
any rejected Work at the County ’s discretion. Upon County ’s request, Professional
must correct rejected work at Professional’s sole expense within the time frame
established by the County. Upon completion of the corrections satisfactory to the
County, County will remit payment to Professional.
c. Deny Payment: County may deny payment for any Work that does not comply with the
requirements of the Contract or that Professional otherwise fails to provide or complete,
as determined by the County in its sole discretion. Upon County request, Professional
will promptly refund any amounts prepaid by the County with respect to such non-
compliant Work.
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d. Removal: Upon County ’s request, Professional will remove any of its employees or
agents from performance of the Work, if County, in its sole discretion, deems any such
person to be incompetent, careless, unsuitable, or otherwise unacceptable.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
Termination for Convenience. The City may terminate this contract, in whole or in part,
ro4 any reason, upon five (5) days written notice to the Professional. In such event, the
Professional shall be paid its costs, including reasonable contract close-out costs, and profit
on work performed up to the time of termination. The Professional shall promptly submit its
termination claim to the City to be paid the Professional. If the Professional has any property
in its possession belonging to the City, the Professional will account for the same, and
dispose of it in a manner the City directs.
Termination for Breach. Either Party’s failure to perform any of its material obligations
under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach.
The institution of proceedings under any bankruptcy, insolvency, reorganization or similar
law, by or against Professional, or the appointment of a receiver or similar officer for
Professional or any of its property, which is not vacated or fully stayed within thirty (30) days
after the institution of such proceeding, will also constitute a breach. In the event of a breach,
the non-breaching Party may provide written notice of the breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within thirty (30) days after
delivery of notice, the non-breaching Party may exercise any of its remedies provided under
this Contract or at law, including immediate termination of the Contract.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.” Professional further
agrees to include this provision, including the Equal Opportunity Clause or a reference
thereto, in any subcontracts it enters into pursuant to the Contract.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color,
religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
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(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
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The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the Department of Justice
for appropriate legal proceedings.
(2) [Reserved]
(a) Subcontracts. Each nonexempt prime contractor or subcontractor shall include the
equal opportunity clause in each of its nonexempt subcontracts.
(b) 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.
(c) 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.
(d) Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and
their undertakings.
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(D) Not Applicable to this Contract.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The City must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The City must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Professionals and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to the Federal awarding
agency.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). Professional must fully comply with
the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”). In accordance
therewith, Professional must pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, Professionals must be required to pay wages not less than once a week.
Copeland “Anti-Kickback” Act (40 U.S.C. 3145). Professional must fully comply with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Professionals and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”). Pursuant
to the Act, Professional is prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The City shall report all suspected or reported
violations of the Copeland “Anti-Kickback” Act to the Federal awarding agency.
(E) Not applicable for this contract.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part
5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
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3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Professional
must fully comply with the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-
3708), including 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Contract is required to
compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704
are applicable to construction work and provide that no laborer or mechanic must be required
to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or Contracts for transportation or
transmission of intelligence.
a. Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (a) of this section, in the sum of $26 for each calendar
day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (a) of this section.
c. Withholding for unpaid wages and liquidated damages. The FEMA shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b) of this section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (a) through (d) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
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contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (a) through (d) of this section.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR § 401.2 (a) and the City or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the City or subrecipient must comply with
the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding
agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the City agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689
(3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains
the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
Debarment and Suspension (Executive Orders 12549 and 12689). Professional attests
that it is not listed on the government-wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such, the Professional is required to verify that none of the Professional’s
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905)
are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
b. The Professional must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the City. If it is later
determined that the Professional did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
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d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Professionals that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures
are forwarded from tier to tier up to the non-Federal award.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Professional attests that it has filed
the required certification under the Byrd Anti-Lobbying Amendment. Professional attests
that it has certified that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Contract, grant or any other
award covered by 31 U.S.C. 1352. Professional further attests that it has disclosed, and will
continue to disclose, any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award.
(J) 200.323 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and
its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services in
a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247
that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
a. In the performance of this contract, the Professional shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired
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• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
b. Information about this requirement, along with the list of EPA-designated items, is
available at EPA’s Comprehensive Procurement Guidelines web site:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
c. The Professional also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
(K) 200.216 Prohibition on certain telecommunications and video surveillance services or
equipment
Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR §200.216). Professional is prohibited from using equipment, services,
or systems that use covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the
government of a covered foreign country.
(L) 2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the
extent consistent with law, Professional should, to the greatest extent practicable, prefer the
purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards including all
Contracts and purchase orders for work or products under this award.
Build America, Buy America (BABA)
All iron and steel, manufactured products, and construction materials used in this project
must be produced in the United States, in accordance with Build America, Buy America Act
requirements, unless a waiver is approved by the funding agency; the contractor shall
provide documentation verifying compliance with these requirements.
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(M) 2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises,
and Labor Surplus Area Firms. The City will take affirmative steps to solicit and include
small, minority, and women-owned businesses in an effort to encourage participation and
fair competition in providing supplies/services described in this solicitation.
If subcontracts are to be let, Professional must take all necessary affirmative steps to assure
that minority businesses, women’s business enterprises, and labor surplus area firms are
used when possible. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must
include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(N) Not applicable for this contract.
[Construction or facility improvement Contracts or subcontracts exceeding the Simplified
Acquisition Threshold as defined in 2 C.F.R. § 200.88]
Bonding requirements (2 C.F.R. § 200.326).
Except where the Federal awarding agency or pass-through entity has made a
determination that alternative bonding policy and requirements adequately protect the
Federal interest, Professional agrees to comply with the following minimum bonding
requirements:
(a) Professional must provide a bid guarantee equivalent to five percent of the bid price.
The "bid guarantee" must consist of a firm commitment such as a bid bond, certified
check, or other negotiable instrument accompanying a bid as assurance that the
Professional will, upon acceptance of the bid, execute such Contractual documents as
may be required within the time specified.
(b) Professional must provide a performance bond on the part of the Professional for 100
percent of the Contract price. A "performance bond" is one executed in connection with
a Contract to secure fulfillment of all the Professional's obligations under such Contract.
(c) Professional must provide a payment bond on the part of the Professional for 100
percent of the Contract price. A "payment bond" is one executed in connection with a
Contract to assure payment as required by law of all persons supplying labor and
material in the execution of the work provided for in the Contract.
(O) Bid Protest Procedures
City of Fort Collins Bid Protest Procedures
The City of Fort Collins has a protest procedure covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available
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from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P.
O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by
emailing: Purchasing@fcgov.com or calling 970-221-6775.
(P) Increasing Seat Belt Use in the United States – Pursuant to Executive Order 13043, 62
FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-
the-job seat belt policies and programs for their employees when operating company-
owned, rented, or personally owned vehicles.
(Q) Reducing Text Messaging While Driving – Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and the City has
established workplace safety policies to decrease accidents caused by distracted drivers.