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HomeMy WebLinkAboutRFP - 7663 HUD CONSOLIDATED PLANRFP 7663 HUD Consolidated Plan Page 1 of 32 REQUEST FOR PROPOSAL 7663 HUD CONSOLIDATED PLAN The City of Fort Collins is seeking a consultant to develop a Five-Year Strategic Plan (Consolidated Plan) for the City of Fort Collins, Colorado for HUD Program Years 2015- 2019. The time period for the Plan is October 1, 2015 – September 30, 2019. The department is requesting proposals from qualified firms and individuals with proven experience developing Consolidated Plans—or similar planning documents—in compliance with all associated federal laws and regulatory requirements. The department intends to submit the Consolidated Plan to the HUD Region VIII Office by August 1, 2015. Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), July 18, 2014 and referenced as Proposal No. 7663. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all minority and women-owned business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. The term “minority and women-owned business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. Questions concerning the scope of the project should be directed to Project Manager, Heidi Phelps at (970) 221-6757 or hphelps@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, C.P.M., CPPB, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com . All questions must be submitted in writing via email to the Project Manager, with a copy to Ed Bonnette, by no later than 5:00 PM (our clock) on June 27, 2014. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7663 HUD Consolidated Plan Page 2 of 32 The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 7663 HUD Consolidated Plan Page 3 of 32 7663 HUD CONSOLIDATED PLAN FOR THE CITY OF FORT COLLINS I. INTRODUCTION A. Background In late 1994, the U.S. Department of Housing and Urban Development (HUD), created the requirement of the Consolidated Plan (CP), a local government comprehensive planning document required for application for funding under any of the Department’s formula grant programs. The formula grant programs received by the City of Fort Collins are the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Program (HOME). The City has been a CDBG Entitlement Community since the 1970s and a HOME Participating Jurisdiction since the mid-1990s. Fort Collins currently receives nearly one million dollars in CDBG funds, and over 500 thousand dollars in HOME funds annually. In addition, the City currently annually allocates community monies from three General Fund sources, the Affordable Housing Fund (currently over $300,000), Keep Fort Collins Great (KFCG) monies (currently over $250,000) and the Human Services Program (currently nearly $400,000). The Consolidated Plan is designed to be a collaborative process whereby a community establishes a unified vision for affordable housing and community development actions. The Consolidated Plan must identify a jurisdiction’s housing and community development needs, set priorities, and describe how HUD and other resources will be used for activities designed to meet needs. The Consolidated Plan also creates the opportunity for strategic planning and citizen participation to take place in a comprehensive context. The statutes for the formula grant programs set forth three basic goals against which the Plan and the jurisdiction’s performance under the plan will be evaluated by HUD. Each jurisdiction must state how it will pursue these goals for all affordable housing and community development programs. The statutory goals are: decent housing; a suitable living environment; and expanding economic opportunities – all principally for persons of low and moderate income. Consolidated Plan regulations are found at Part 24 of the Code of Federal Regulations (CFR) in Section 91. The introduction to the Consolidated Plan regulations can be found in the Federal Register of January 5, 1995, Vol. 60, No. 3. CDBG regulations are located in Part 24 of the CFR, but in Section 570. HUD has issued guidelines for preparing the Consolidated Plan through its new web-based format, the eCon Planning Suite. Information can be found on HUD’s website: http://www.hud.gov/offices/cpd/about/conplan B. Context The City of Fort Collins, Colorado — one hour’s drive north of Denver, is a vibrant and diverse community of just under 150,000, and also host to Colorado State University. In spite of appearing on several national “Best of” lists in recent years, Fort Collins has a current poverty rate higher than the national average, and has faced its share of challenges during the recent, prolonged economic downturn. A few community-wide RFP 7663 HUD Consolidated Plan Page 4 of 32 initiatives, aimed at addressing poverty and chronic homelessness, have developed over the last several years. Created in June 2012, the Social Sustainability Department is the City’s newest department. The department is reflective of the City’s strategic organizational restructuring towards 21st Century sustainability goals. Social Sustainability is part of the greater, three-department Sustainability Services area, which also includes the Economic Health Department and the Environmental Services Department. The Social Sustainability Department is undergoing significant re-tooling in order to better effectively address priority and emerging issues and initiatives, all meant to achieve greater community sustainability. Some of the departmental processes completed, currently underway, or planned, include: a Community Gaps Analysis; an analysis of the department’s Funding Allocation framework; a Social Sustainability Strategic Plan; and a structural analysis of the department’s workforce, including grants administration and affordable housing employees. II. SCOPE OF SERVICES REQUIRED The Social Sustainability Department is seeking a consultant to develop a Five-Year Strategic Plan (Consolidated Plan) for the City of Fort Collins, Colorado for HUD Program Years 2015-2019. The time period for the Plan will be October 1, 2015 – September 30, 2019. The department is requesting proposals from qualified firms and individuals with proven experience in developing Consolidated Plans or similar planning documents, in compliance with all associated federal laws and regulatory requirements. The department intends to submit the Consolidated Plan to the HUD Region VIII Office by August 1, 2015. Citizen and stakeholder participation components are a critical process in the development of the Consolidated Plan and are to be considered a priority. In addition to meeting the federal requirements and deadline for the Consolidated Plan, the department is interested in encouraging meaningful public participation in the Consolidated Plan process, especially by low and moderate income people, and those in legally protected classes. All regulatory processes and HUD guidance documents for outreach and public participation to a broad range of community members (including the City’s recently adopted Citizen Participation Plan: 2014 Amendment for HUD) regarding proper methods for encouraging participation by racial/ethnic minorities (including Title VI) need to be adhered to. Additionally, the department is interested in a broad consultation process with public and private agencies that provide affordable/subsidized housing, homelessness prevention and intervention efforts, and health and public/human services. The Consolidated Plan should provide a direct link between community goals and objectives and priority needs. The Plan should build on the work the Social Sustainability Department has recently completed, such as the Community Gaps Analysis and the 2012 Analysis of Impediments to Fair Housing Choice (AI). It should also provide clear direction for future One-Year Annual Action Plans, required as subcomponents of the next five-year framework. In addition to the Consolidated Plan, ADDENDUM A to this request includes the 1st Year Action Plan. The objective of requesting proposals is for the City to determine which consultant or consulting firm can offer the highest quality of service at the most reasonable cost. At a minimum, consultant representatives need to be available for bi-weekly meetings with the City to review progress, coordinate activities, and discuss policy issues. RFP 7663 HUD Consolidated Plan Page 5 of 32 A. Objectives The following objectives should be considered in the development of the Consolidated Plan: 1) The plan should meet HUD’s requirements and deadline for a Consolidated Plan; 2) Development of the Plan should use existing data to help determine housing, homeless, special population, and community development needs. To the extent it is available, development of the Plan should incorporate the most current data via the U.S. Census Bureau’s American Community Survey (ACS), the City of Fort Collins Affordable Housing Strategic Plan (2010 or more recent update), the City of Fort Collins Community Gaps Analysis, and the most current data available from Homeward 2020 and other initiatives; 3) Development of the Plan should foster a participatory process that facilitates participation at all levels, especially with low and moderate income persons, racial/ethnic minorities, and persons with barriers to participation, including all in legally protected classes; 4) Development of the plan should involve consultation with a broad sector of public and private agencies for collaboration and collective problem solving in determining needs, objectives, goals and priorities; 5) The Plan should consider all community needs, and resources available to meet those needs; 6) Based on identified community needs, the Strategic Plan portion of the Consolidated Plan should:  Indicate general priorities for allocating funds to the various housing and community development needs identified in the Plan;  Indicate the basis or reason behind the priority level (and relative priority) given to each category of priority need;  Identify any obstacle to meeting underserved needs;  Summarize specific objectives for meeting the needs in each priority area describing funds reasonably expected to be made available;  Identify quantifiable proposed accomplishments for each specific objective. 7) The Plan should report on specific items required by HUD, such as reducing the number of families living in poverty and removing barriers to affordable housing; 8) The Plan should be structured to serve as a basis for the City’s Funding Allocation processes and for assessing performance on an annual basis; 9) The Plan should be consistent with established planning documents for the City of Fort Collins, such as City Plan and the Affordable Housing Strategic Plan. B. Services/Deliverables 1. The services to be performed under the proposal include, but are not limited to: RFP 7663 HUD Consolidated Plan Page 6 of 32 a) Statistical and informational data collection and preparation of charts and narrative to prepare a housing and homeless needs assessment (24 CFR 91.205) and housing market analysis (91.210); b) Consultation with public and private agencies as outlined in 24 CFR 91.100, including those that provide: affordable/subsidized housing; health and public/human/social services; state or local health and child welfare agencies regarding lead based paint hazards; adjacent units of local government, including planning agencies; public Housing Authorities; and agencies receiving HOPWA funds within the eligible City of Fort Collins statistical area; c) Citizen participation activities such as publishing information; surveys; coordinating meetings, focus groups and hearings; and summarizing. Such activities must be carried out consistent with HUD guidance regarding providing meaningful language access and must respond to public comments as outlined in 24 CFR 91.100; d) Using needs information obtained through data collection, consultation and citizen participation to make recommendations for a Strategic Plan as outlined in 91.215 and for any associated policy issues; Submitting an initial Draft Plan for staff review, facilitating the public review process for the Draft Plan, and providing a Final Plan for submittal to HUD. ADDENDUM A: The production of a Draft 1st Year Annual Action Plan, and Final 1st Year Annual Action Plan for submittal to HUD. 2. The consultant will be responsible for providing the following products: a) One original paper copy and one electronic copy submittal in HUD’s required eCon Planning Suite web-based format. City graphics staff will convert the paper original to a pdf format for distribution, and will provide cover graphics. The document shall be prepared using the web-based eCon Planning Suite. It shall be outlined in a document format compatible with the eCon Planning Suite and agreed upon by the Consultant and City staff, after reviewing some preferred “best practices” formats produced by other communities. The City of Fort Collins has final determination on cover graphics and document(s) formatting. ADDENDUM A: Same requirements for 1st Year Annual Action Plan. b) Major document components related to Scope of Work include: i) Citizen Participation and Consultation: Develop a list of housing and community development stakeholders in the City. Provide meaningful involvement of citizens, community-based organizations, businesses, elected officials, housing and service providers in the planning process. Conduct regular consultation with City staff (see above), as well as meaningful language access to persons with Limited English Proficiency (LEP). The usually-required updated Citizen Participation Plan will not be a part of the Scope of Services, since a significant update is occurring in 2014. ii) Executive Summary iii) Housing Market Analysis and Needs Assessment: Collect and analyze statistical information that provides an overall picture of the housing RFP 7663 HUD Consolidated Plan Page 7 of 32 needs of the City. At a minimum, the assessment should include the following:  Housing supply and demand  Housing affordability analysis  Cost-burdened households  Housing types  Housing conditions, including substandard units  Disproportionate racial/ethnic group housing needs  Specific housing objectives  Needs of Public Housing  Inventory of local, state and federal assisted housing  Barriers to affordable housing  Lead based paint hazards iv) Homeless Needs Assessment: At a minimum, the assessment should include the following:  Inventory of emergency shelters, transitional housing and permanent housing for the homeless  Needs of sheltered and unsheltered homeless  Needs of subpopulations  Needs of persons threatened with homelessness v) Non-Homeless Special Needs Assessment: At a minimum, this assessment should include the following:  Special Independent Living needs and issues for persons with physical and mental disabilities  HIV/AIDs population housing needs  Supportive service needs vi) Community Development Needs: Identify non-housing community development needs, including:  Public facilities and infrastructure improvement needs  Accessibility needs  Historic preservation needs  Economic development needs  Planning needs  Public service needs  Other community development needs RFP 7663 HUD Consolidated Plan Page 8 of 32 vii) Housing and Community Development Strategic Plan: Based on the data gathered and analyzed from iii) – vi) above, develop a 5-year, Strategic Plan that brings needs and resources together in a coordinated housing and community development strategy. At a minimum, this Plan should include the following:  Establishment of priority needs  Obstacles to meeting housing goals and objectives  Geographical areas: investigate the need for a targeted area implementation plan or targeted economic development area  Alleviation of overcrowding  Concentration of racial/ethnic minorities  Involuntary displacement  Affordable housing strategy  Anti-poverty strategy  Programs to assist households with incomes below the poverty level  Coordination with other programs and agencies  Community development priority analysis and strategy  Institutional structure  Housing  Public services  Community development  Strengths in the institutional structure  Gaps in the institutional structure  Coordination  Implementation of housing and community development strategy viii) Identify Potential Funding Sources: Identify potential state and federal grants and other available funding sources available to the City for housing-related and community development activities. Suggest financial terms for CDBG and HOME projects based on project type or related factors. c) Attachments/Other: i) Source documentation and data; ii) Interim reports, memorandums, addendums, etc. iii) Public announcement as published (or script, if broadcast); iv) Information packets, surveys, questionnaires, and other materials handed out at public meetings; v) Formalized notes from and/or descriptive narrative of events; RFP 7663 HUD Consolidated Plan Page 9 of 32 vi) Copies of written public comments, summaries of verbal comments, and responses. d) Presentation materials for stakeholder meetings, public meetings and hearings. e) Any other materials substantially relevant to the Consolidated Plan or its development process. f) A Citizen Participation Plan Amendment will not be a required deliverable as part of the Scope of Services for this project. C. Final HUD Approval Should HUD not grant Final Approval of the Consolidated Plan, the Consultant must bring the document to an acceptable level within the HUD-designated time frame. Addendum A: add-on 1st Year Annual Action Plan—same requirements. D. Implementation Time Frames THE FOLLOWING PRELIMINARY SCHEDULE MAY BE ALTERED AT ANY TIME WITHOUT PRIOR NOTIFICATION. Contract Start Date October, 2014 Draft Consolidated Plan Available for Staff Review March 15, 2015 Draft Consolidated Plan back to Consultant for Final Public Review Preparation April 7, 2015 Draft Consolidated Plan Available for 30-Day Public Review (includes review by appropriate Boards and Commissions) April 20 – May 19, 2015 City Council Hearing & Adoption of Spring 2015 Funding Allocation Recommendations May 19, 2015 Public Hearing for Draft Consolidated Plan May 19, 2015 Consultant Preparation of Final Consolidated Plan May 20 – June 30, 2015 Final Consolidated Plan Complete July 1, 2015 Graphics and Document Production Work Complete on Final Consolidated Plan (City Staff) July 30, 2015 Submittal of Consolidated Plan and First Year Annual Action Plan to HUD ADDENDUM A: 1st Year Annual Action Plan Draft 1st Year Annual Action Plan Available for Staff Review Draft 1st Year Annual Action Plan Complete 30-Day Public Comment Period for 1st Year Annual Action Plan Graphics Work and Document Production Work Complete on 1st Year Annual Action Plan (City Staff) August 1, 2015 April 11, 2015 May 31, 2015 June 1 – June 30, 2015 July 30, 2015 RFP 7663 HUD Consolidated Plan Page 10 of 32 Submittal of 1st Year Annual Action Plan to HUD August 1,2015 E. Social Sustainability Staff Responsibilities The Social Sustainability Staff Team and the Point of Contact (POC) person (a Grant Programs Administrator) will be available on a limited and negotiated basis to coordinate activities with the consultant. At a minimum, staff will be available for bi-weekly meetings with the Consultant to review progress, coordinate activities, and discuss policy issues. Members of the Staff Team may include: the Department Director, at least one Grant Programs Administrator, the Affordable Housing Administrator, and the Social Sustainability Specialist assigned to affordable housing policy items. City staff will also assist with providing required comments to public comments made. The City will provide for the cost of public notifications for the public review comment period. The proposal should specifically describe any assumptions with regard to City staff’s role. F. Budget The City of Fort Collins has approximately FORTY THOUSAND ($40,000) DOLLARS budgeted for this project. That amount INCLUDES the acceptable development, production, delivery and submittal of ADDENDUM A, the 1st Year Annual Action Plan. Proposal submittal costs should primarily contain labor costs, and allow for a small amount of mileage and operational incidentals. The City is able to provide some in-kind assistance for such items as copying, graphics work, and required newspaper notices for public hearings and review periods. The City is amenable to negotiating a reasonable additional budget amount for the Citizen Participation and stakeholder requirements of this project. Proposals should clearly delineate the consultant’s responsibility, interaction, and availability for the various Citizen Participation components required for this project, both in terms of time commitment and number of meetings/presentations. III. COMPENSATION AND CONTRACT PROCESS A. After contract award, progress invoices shall be billed in quarterly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. B. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. C. The selected Contractor shall be expected to sign the City’s standard Professional Services Agreement without revision to the City’s standard terms prior to commencing Services (see sample attached to this Proposal). D. The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. IV. PROPOSAL SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm/team based upon approach, methods, qualifications and experience, availability, and general cost estimate. Once a firm is selected, a detailed scope of services will be developed. Of prime importance is the firm’s flexibility in responding to services as requested by City staff during the planning process. RFP 7663 HUD Consolidated Plan Page 11 of 32 The final scope of services will identify a project schedule, tasks, deliverables, and expected expenditures by task. The scope will also indicate respective responsibilities of the consulting firm and City staff. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach and tasks. Describe the anticipated interaction with the City. Provide an outline (i.e., timeline) of your anticipated schedule for completing consultant tasks. 2. Scope of Work Deliverables - Provide your Deliverables for the Scope of Work Considerations listed in this document. 3. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar plans and services to the ones listed under our Deliverables above:  Number of years in the business  Overview of services offered, qualifications  Names and location of similar projects. Three references of such projects, to include: a) Service provided b) Date of service c) Client organization d) Contact name and title, phone, and e-mail address of public agency reference(s) overseeing the planning effort e) It is imperative that the awarded Consultant show experience with and proficiency in the web-based eCon Planning Suite format for HUD. In this section of your Proposal and in your three References, clearly express your experience with this  Samples (preferably three via a web link or pdf files) of work products for similar projects 4. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 5. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. 6. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR AN ON-SITE INTERVIEW IN RFP 7663 HUD Consolidated Plan Page 12 of 32 FORT COLLINS, COLORADO THE WEEK OF AUGUST 1, 2014 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. 7. Estimated Hours by Task - Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc.; and the total project cost. 8. Schedule of Rates and Cost by Task - Provide a schedule of rates and an anticipated cost of each task identified in the Scope of Work Deliverables section; including the preliminary and final reports, and the total project cost. V. VENDOR STATEMENT: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete PROFESSIONAL SERVICES AGREEMENT with the City of Fort Collins without revision within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: PHONE: EMAIL: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICE ISSUES CONTACT: PHONE: ____________________ EMAIL: CELL #: EMERGENCY: BACKUP: PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 918-92 Urban Planning Consulting 918-98 Urban Planning Consulting 918-63 Housing Consulting 918-58 Governmental Consulting 918-32 Consulting Services (Not Otherwise Classified) 918-27 Community Development Consulting RFP 7663 HUD Consolidated Plan Page 13 of 32 VI. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7663 HUD Consolidated Plan Page 14 of 32 Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 7663 HUD Consolidated Plan Page 15 of 32 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "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 Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one-year periods not to exceed four (4) additional one-year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City RFP 7663 HUD Consolidated Plan Page 16 of 32 may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit , RFP 7663 HUD Consolidated Plan Page 17 of 32 consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, RFP 7663 HUD Consolidated Plan Page 18 of 32 reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival standard, prepared on stable Mylar-base material using a non-fading process to provide for long storage and high quality reproduction. A "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older than the established city standard. 10. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. RFP 7663 HUD Consolidated Plan Page 19 of 32 12. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 13. 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 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. 14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 15. 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 or refuse to perform according to the terms of this agreement, such party may be declared in default. RFP 7663 HUD Consolidated Plan Page 20 of 32 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days 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 himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th RFP 7663 HUD Consolidated Plan Page 21 of 32 Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. RFP 7663 HUD Consolidated Plan Page 22 of 32 e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7663 HUD Consolidated Plan Page 23 of 32 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [INSERT PROFESSIONAL'S NAME] OR [INSERT PARTNERSHIP NAME] OR [INSERT INDIVIDUAL'S NAME] OR By: __________________________________ Title: _______________________________ Date: _______________________________ RFP 7663 HUD Consolidated Plan Page 24 of 32 EXHIBIT INSURANCE REQUIREMENTS 1. 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, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." 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, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7663 HUD Consolidated Plan Page 25 of 32 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 7663 HUD Consolidated Plan Page 26 of 32 EXHIBIT FEDERAL TERMS AND CONDITIONS 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the Federally assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the Federal RFP 7663 HUD Consolidated Plan Page 27 of 32 Recipient or a subgrantee of the Federal Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the Federal Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the Federal Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the Federal Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. Federal Administrator does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects None None unless1 non- competitive award Those imposed on state pass thru to Contractor None Yes, if non- competitive award or if funded thru2 5307/5309/531 1 None None unless RFP 7663 HUD Consolidated Plan Page 28 of 32 Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i) 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable Federal regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and Federal Administrator, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. TERMINATION A. Termination for Default (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. B. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the case of a termination for breach or default, allow the Contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City’s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. C. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. D. Termination for Convenience (Professional Contracts) The City of Fort Collins, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the City shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. RFP 7663 HUD Consolidated Plan Page 29 of 32 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements Federal Administrator may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. 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. In addition, the Contractor agrees to comply with any implementing requirements Federal Administrator may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements Federal Administrator may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements Federal Administrator may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by Federal Administrator, modified only if necessary to identify the affected parties. RFP 7663 HUD Consolidated Plan Page 30 of 32 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 9.9%. A separate contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this Federally- assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City of Fort Collins. In addition, the contractor may not hold retainage from its subcontractors. e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TERMS Incorporation of Federal Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all Federally mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause City of Fort Collins to be in violation of the Federal terms and conditions. 9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). RFP 7663 HUD Consolidated Plan Page 31 of 32 The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, 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. 10. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate RFP 7663 HUD Consolidated Plan Page 32 of 32 certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 11. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 12. CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. non- competitive award None None unless non- competitive award None None unless non- competitive award II Non State Grantees a. Contracts below SAT ($100,000) b. Contracts above $100,000/Capital Projects Yes3 Yes3 Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Yes Yes Yes Yes