HomeMy WebLinkAboutRFP - 9220 TRANSPORTATION CAPITAL EXPANSION FEE PROGRAM ASSESSMENT AND UPDATERFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 1 of 31
REQUEST FOR PROPOSAL
9220 TRANSPORTATION CAPITAL EXPANSION FEE PROGRAM
ASSESSMENT AND UPDATE
RFP DUE: 3:00 PM MST (our clock), November 19, 2020
The City of Fort Collins Engineering Department is requesting proposals from a Consulting firm
or team to complete an assessment and update of the City’s Transportation Capital Expansion
Fee (TCEF) Program as a means to address the effects of new development and
redevelopment and their associated transportation infrastructure impacts on the City of Fort
Collins.
As part of the City’s commitment to Sustainable Purchasing, proposals should 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 the system.
A virtual pre-proposal meeting will be held at 9:30 AM MT, on November 3, 2020 via
Zoom. The meeting information is as follows:
Join Zoom Meeting
https://us02web.zoom.us/j/82705074538?pwd=ZTZTUXVvU3k4ZFJ4NXJ1anV1Q2NEZz09
Meeting ID: 827 0507 4538
Passcode: 412792
One tap mobile
All questions should be submitted, in writing via email, to Pat Johnson, Buyer at
pjonhson@fcgov.com, no later than 4:00 PM MST (our clock) on November 6, 2020.
Please format your e-mail to include: RFP 9220 Transportation Capital Expansion Fee Program
Assessment and Update and 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):
91896 Transportation Consulting
92593 Traffic and Transportation Engineering
91849 Finance/Economic Consulting
96129 Economic Impact Studies
91812 Analytical/Predictive Studies and Surveys
91892 Urban Planning Consulting
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
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 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 2 of 31
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 vendors 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 vendors and their subcontractors 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. Vendors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
Vendor Registration: The City requires new Vendors receiving awards from the City to fill out
and submit an IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all
Vendors 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 with
your proposal. However, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The
City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole
discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 3 of 31
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 Vendor shall be required to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
Official Purchasing Document
Last updated 10/2017
RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 4 of 31
I. PURPOSE, BACKGROUND & OBJECTIVES
A. Purpose
The City of Fort Collins Engineering Department is requesting proposals from a Consulting
firm or team to complete an assessment and update of the City’s Transportation Capital
Expansion Fee (TCEF) Program as a means to address the effects of new development and
redevelopment and their associated transportation infrastructure impacts on the City of Fort
Collins. The successful Consultant will address all of the tasks, issues, and deliverables
identified in their proposal, possess the expertise and experience necessary to complete the
project on time and within the established budget, and be motivated to work with City staff
and other affected interests to accomplish the goals and objectives associated with this
project.
B. Background
The City of Fort Collins is seeking professional consulting services to assess and update the
City’s TCEF Program. This impact fee program was originally adopted in 1979, with
revisions in 1986, 1993, 1997, 2000, 2003, 2006, and 2017. The TCEF Program has been a
stable long term funding source for the construction of transportation infrastructure in the
City of Fort Collins. The TCEF Program is currently based on an Incremental Expansion
model, using proportional impact fees to fund growth-related infrastructure that will benefit
multiple development projects or the entire transportation network.
Fort Collins City Council has established a four-year review cycle for the TCEF Program to
ensure fees collected are proportional to a development’s impact. This becomes especially
important as the City begins to approach build out of its Growth Management Area, as infill
development becomes more prominent, and as modes of transportation in Northern
Colorado begin to shift.
C. Objectives
Objectives of this project are:
1. Review the current fee collection methodology against industry best management
practices for transportation impact fees.
2. Assess and update transportation impact fees to ensure proportionality between
future development and needed improvements.
3. Explore how redevelopment and infill projects might generate different impacts and
needs for transportation facilities.
4. Explore and potentially align the use of impact fees using not only the incremental
expansion methodology but also with a TCEF priority project list.
5. Clarify reimbursement structure for both reimbursements to the City and
reimbursement to developers for constructed improvements.
6. Explore phased funding implementation to City managed Capital Projects and help
develop a more standard methodology for utilizing TCEF funding in Capital Projects
looking at things such as: adjacent development, surrounding developments within
the vicinity, unanticipated development impacts on capital projects, potential for
future development in the area, etc.
7. Review and define a minimum funding reserve amount which aligns with industry
best management practices.
Official Purchasing Document
Last updated 10/2017
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8. Review the Colorado Impact Fee law to ensure compliance with regulatory
guidelines.
9. Explore elements of a funding strategy for long term and larger projects, such as
combining impact fee revenue with other revenue for ineligible projects, exemptions
for affordable housing and economic development, and service area boundaries.
10. Support and assist City staff with necessary outreach and presentations to Boards,
Commissions, and City Council.
o The TCEF fee update will be brought forward as part of a larger capital
expansion fee update. Anticipate coordinated outreach efforts.
11. Develop revisions to City of Fort Collins Code/Charter and the City of Fort Collins
Land Use Code, if appropriate.
12. Assist City staff in updating TCEF Program Guidelines
13. Provide on-call services as needed, extendable for up to a five year period at the
discretion of the City.
The successful team will complete a review of existing program methodology, identify key
policy issues, update transportation modelling, and provide a completed study for adoption
of the TCEF Program, including a draft impact fee ordinance. The successful team will
ensure delivery of all work necessary to enable the City of Fort Collins Council to consider
the revised TCEF fees as part of a larger capital expansion fee update planned for
November 2021. Prior to November 2021 there are several anticipated milestone dates that
will need to be met. See Project Schedule information below for more details.
II. SCOPE OF WORK
Tasks to complete the project include, but are not limited to, those outlined below.
A. Kickoff and Data Gathering
The first phase of the project will involve an organizational study with City staff and data
collection. Upon contract execution, the Consultant will work with the City to schedule
meetings with key members of City staff. At initial meetings, the Consultant will gather
available information related to the project, identify key policy issues involved in updating the
TCEF Program; and coordinate staff and Consultant responsibilities. The Consultants will
obtain copies of all relevant plans, studies, data, and documents needed to perform the
scope of work. This should include, but are not limited to:
− City of Fort Collins Municipal Code/Charter
o Chapter 7.5
o Chapter 24
− City of Fort Collins Land Use Code
o Division 3.3.2
− 2017 TCEF Program Fee Study
− 2003 TCEF Program (formerly Street Oversizing) Guidelines
− Capital Expansion Fee Ordinance
− Master Street Plan
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Last updated 10/2017
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− Capital Improvement Plan
− Master Bicycle Plan
− Master Ped Plan
− Master Trails Plan
− City of Fort Collins Arterial Intersection Prioritization Study
− Larimer County Urban Area Street Standards
− Various Area and Sub Area Plans
− Various corridor plans
− Colorado Revised Statute 29-20-104.5
− Northern Front Range MPO 2045 Regional Transportation Plan
− City of Fort Collins Budgeting and Cash flow management guidelines
The Consultant will review relevant budgets, fiscal information, planning documents,
transportation fee impact ordinances and fee rates of other jurisdictions and other
material so that meaningful discussions can be held regarding modifications to the
TCEF Program.
Once preliminary data collection is complete, the Consultant will analyze the existing
TCEF Program – current levels of service, capital improvement programs or project
listings, potential service area boundaries, impact fee development requirements,
inclusion of various elements, including design, ROW, financing, overhead, local
street portion, bridges and box culverts, railroad grade separations, etc., and
exemptions for affordable housing and economic development.
It is anticipated that weekly virtual meetings with City technical staff will be necessary
to help identify key policy issues and manage the process to determine staff
recommendations.
B. Assessment Report
The Consultant will summarize the assessment in a report identifying key issues in
updating the City of Fort Collins TCEF Program. The Assessment Report will:
1. Identify eligible facility categories and an assessment of appropriate
categories for a City of Fort Collins Transportation Capital Expansion Fee
Program.
o Evaluate and recommend funding distribution for complete streets,
intersections, multimodal improvements, transit, bridges, multimodal grade
separations, etc., if appropriate.
2. Summarize Growth Projections to the year 2045, including population,
households and employment relevant to impact fees. Data used shall be
specific to the North Front Range.
3. Develop model data that will establish the proportionality (or nexus) between
future development and needed improvements.
4. Recommend updated residential and non-residential impact fees.
o Update cost data (design, acquisition, and construction) to current regional
costs
o Evaluate the need to include new bridges and trail underpasses into cost data
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o Evaluate the feasibility and methodology to collect transportation impact fees
on building permits which finish basements
Square footage versus additional bedrooms evaluation
o Evaluate the feasibility for additional fee tiers specific to residential
development
5. Investigate other funding sources, various methodologies, and recoupment
opportunities. Summarize existing budgeting and reserve policy effects on
fund management.
6. Recommend service area boundaries, if appropriate.
7. Consider the degree or extent of intergovernmental cooperation.
8. Provide benchmark information related to similar transportation impact fees
enacted within Colorado and in particular the Front Range area.
9. Discuss exemptions for various considerations, as applicable.
10. Discuss elements of a funding strategy combining impact fees with other
revenue for ineligible costs, including the City’s current level of General Fund
contribution to the TCEF Program.
The draft TCEF Assessment Report will present and evaluate the existing impact fee
program, proposed modifications, and alternatives available to the City of Fort
Collins. The report shall conclude with a recommended course of action. The
document will be delivered in digital format. The report shall also address questions
posed in the “objectives” section above including:
• How to potentially align the use of impact fees using not only the incremental
expansion methodology but also with a TCEF priority project list.
• Reviewing the Colorado Impact Fee law to ensure compliance with regulatory
guidelines.
• Can a funding strategy be developed for long term and larger projects, such as
combining impact fee revenue with other revenue for ineligible projects,
exemptions for affordable housing and economic development, and service area
boundaries.
Following delivery, an interdisciplinary City team will review the draft assessment
report and provide comments. Once the report is finalized, City staff anticipates a
high-level presentation to the City’s Council Finance Committee as well as to City
Council as part of a public Council Work Session. The Consultant shall plan on
attending both meetings. The results of the meeting will be incorporated into the
Final Assessment Report. Please plan on virtual meetings at this time, but be
prepared to attend the meetings in person, if appropriate.
C. Prepare Transportation Impact Fee Study
Based on comments and direction received, the Consultant shall prepare a program
specific Transportation Impact Fee Study report for adoption. The report will include
a summary of the need for impact fees for the appropriate transportation
improvements, expansions, and the relevant funding methodologies. The report will
include:
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1. A detailed description of the methodologies used for the study.
2. A thorough description of all the formulas used and accompanying rational.
3. A comprehensive schedule of proposed impact fees listed by land use type
and geographic location (if used).
4. Additional information which adequately explains and justifies the resulting
recommended fee schedule.
5. Proposed City Code revisions in alignment with results of the study.
6. Spending guidelines associated with impact fee allocations toward capacity
related improvements, i.e. design and construction of complete streets,
pedestrian/bicycle, transit, intersection, etc.
7. Reviewing and defining a minimum funding reserve amount which aligns with
industry best management practices.
8. Clarifying a reimbursement structure for both reimbursements to the City and
reimbursement to developers for constructed improvements.
As part of the calculation of the transportation impact fee rate structure, the
Consultant will identify all information used to develop the proportional impact fee for
new development. Costs anticipated to be used include cost per lane mile of a
complete street, multimodal improvements, intersection improvements, transit
improvements, and bridge/underpass improvements. The study shall identify
percentages of each anticipated cost to determine the fee.
It is anticipated that the selected Consultant will work significantly with staff to
develop acceptable funding contributions toward various types of projects and
criteria based on factors developed during the fee study and associated processes.
Currently, transportation impact fees are collected into a single account and
allocated as part of the incremental expansion method. The City is interested in
exploring the ability to further refine the allocation of the impact fees toward projects
with the funding allocations related to the amount of fees collected for specific uses
and improvements.
There is a need to deduct appropriate credits in order to avoid possible double
payment for improvements. The Consultant will review present and future
contributions made by new development to transportation improvements for which
fees are collected.
The Consultant will document all work assumptions, analysis procedures, findings,
graphics, impacts, and recommendations, with technical documentation in
appendices. The report will include an executive summary and conclusion. The
document will be delivered in digital format for reproduction and distribution
purposes.
D. Prepare Transportation Impact Fee Ordinances
Working closely with City Legal, Financial and Engineering staff, the Consultant will
prepare the language for the Transportation Capital Expansion Fee Ordinance for
the City. The ordinance will need to have language dealing with methodologies for
adjustments to the fee on an annual basis based per the agreed to indicator.
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Last updated 10/2017
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E. Outreach
The Consultant will need to assist City staff through the development of
presentations and exhibits. Outreach for the TCEF Assessment Report and Impact
Fee Study will be coordinated with other City capital expansion fees (CEF) also
being considered for revision.
City staff anticipates the following outreach specific to the Assessment Report and
the Impact Fee Study:
1. Presentations to various Boards, Commissions, and Business Associations
o For the purposes of this RFP, please plan on assisting staff with
seven meetings.
2. Presentation to City of Fort Collins Council Finance Committee
3. Presentation to City Council at a Council Work Session
4. Material development for two Council meetings in November 2021
With the emergence of virtual meetings, please share availability to meet virtually for
the above in your proposal. In addition, please share availability for in-person
meetings for all City Council focused interactions above.
F. TCEF Program Guidelines Update
The Consultant shall plan to assist the City in updating the TCEF Program
Guidelines to correspond with proposed changes. The most recent guidelines are
from 2003 and have been included with the RFP. Consultant shall anticipate the
development of a new document as the current guidelines are out of date.
G. On-Call Assistance
The Consultant shall plan to periodically assist City staff in the event unique impact
fees or the development of fee credit is needed during the duration of the contract.
H. Anticipated Schedules
1. Project Schedule
It is the City’s goal to complete a review of the TCEF Program. Any changes or
modifications which may be necessary should be adopted by the end of year 2021,
for implementation in 2022.
Evaluation of Existing TCEF Program Q1 2021
Develop Revised Fees, Program Recommendations Q1 & Q2 2021
Stakeholder Outreach Q2 & Q3 2021
City of Fort Collins Council Finance Committee Late Q2 2021
City of Fort Collins Council Work Session Early Q3, 2021
Finalize TCEF Study Q3 & Q4, 2021
City of Fort Collins Council Meeting November 2021
2. RFP Schedule
RFP Issued October 22, 2020
Pre-proposal meeting November 3, 2020
Official Purchasing Document
Last updated 10/2017
RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 10 of 31
Final Deadline for questions November 6, 2020
RFP Submittal due November 19, 2020
Shortlist Notification December 3, 2020
Conduct Interviews December 10 & 11, 2020
I. Budget
The budget for this project is limited to $100,000 to $150,000, therefore Vendors are
invited to submit proposals with the tasks prioritized to aid the City in working together with
the selected firm to identify and implement core tasks within the budget available for this
project.
J. Interviews
In addition to submitting a written proposal, the top-rated Consultants 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 V.
Because of recent events involving COVID-19, the City will likely use non-traditional
methods for the optional interview phase of the assessment process. The City will
receive and score written proposals. However, instead of traditional in-person interviews
for the optional interview session, the City may opt to use alternate methods including,
but not limited to remote interviews through a platform such as Microsoft Teams or
Zoom.
K. Travel & Expenses
Vendors are to provide a list of fees for reimbursable expenses. Reasonable expenses
may be reimbursable per the current rates found at www.gsa.gov.
L. Subcontractors
Vendors will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Vendor; therefore, subcontractors
will be the responsibility of the Vendor.
M. Current Standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
N. Fees, Licenses, Permits
The successful Vendor shall be responsible for obtaining any necessary licenses, fees or
permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits and be placarded as required by law.
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Last updated 10/2017
RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 11 of 31
O. Laws and Regulations
The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
P. Agreement & Term
The intent of the City of Fort Collins is to award a contract to one qualified Consultant and
their sub-consultants for the services outlined in this RFP. The Consultants and the City
will enter into a Professional Services Agreement Work Order Type known as the “Master
Agreement”. This Master Agreement will cover the design, preconstruction, and
construction phases of work. Work will be on an as-needed basis with the scope of work
to be defined and a Work Order negotiated prior to commencement of each project. It is
anticipated that design, preconstruction, and construction work will be conducted in
phases, with Work Orders negotiated and issued for each phase of work as the project
progresses. The Master Agreement contains the terms and conditions of the contract, a
general scope of work, hourly rates, insurance, etc. The resulting Agreement(s) will have
an initial term of one (1) year and may be extended at the City’s option for additional one-
year periods not to exceed four (4) additional one-year periods, subject to mutual
agreement by both parties.
Included with this RFP is a sample Master Agreement that the City intends to use for
obtaining the services of the Consultant. The Consultant is required to review the Master
Agreement and indicate any objections to the terms of the Agreement. If revisions to the
contractual terms are requested, provide suggested revisions as part of the proposal
submittal.
Q. Work Orders
The awarded Vendor(s) will be expected to sign the City’s standard Work Order type
services agreement, a sample of which is attached as Section VII for reference purposes.
In the event that the City has agreements with multiple Vendors for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Vendors or will assign Work Orders directly to a Vendor at its sole
discretion. Selection for individual Work Orders may be based on, but not limited to,
availability, approach, prior experience, firm capability, and cost.
Individual work assignments will be requested and agreed to utilizing the City’s standard
Work Order (included in the Agreement). Each Work Order must include a start and
completion date, total cost and a summary of work. Subsequent supporting documentation
pages may include a project schedule, deliverables, hours, cost detail supporting total
cost, and personnel details. Fees outlined in the Work Order will conform with those
submitted in the RFP response and subsequently included in the Agreement.
No Work Order over $5,000 will be considered valid until signed, at a minimum, by the
Vendor, project manager and Purchasing Department representative. Depending on the
cost and nature of the Work, additional signature authorization may be required. Any
changes to the dates, cost or scope of any Work Order must be agreed upon in writing
utilizing the City’s Change Order (included in the Agreement) and will not be considered
valid until signed, at a minimum, by the Vendor, project manager and Purchasing
Department representative.
Official Purchasing Document
Last updated 10/2017
RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 12 of 31
R. 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 Vendor each month following
the submittal of a correct invoice by the Vendor indicating the project name, Purchase
Order number, task description, hours worked, personnel/work type category, hourly rate
for each employee/work type category, date of the work performed specific to the task,
percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Vendor and the
City will negotiate an appropriate unit price for the service prior to the Vendor initiating
such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Consultants should limit the total length of proposals to a maximum of twenty-five (25)
single-sided 8 ½” x 11” pages (excluding cover pages, table of contents, dividers, and
Vendor Statement form). Brevity is appreciated and encouraged when possible. Font shall
be a minimum of 10 point and margins are limited to no less than 0.5” for sides, top and
bottom. Extended page sizes, such as 11” x 17”, count as a single page and should be
limited to those pages which cannot be feasibly displayed on 8 ½” x 11” pages. Links to
other documents, files or websites shall not be permitted.
The responses shall be considered technical offers of what Consultants propose to provide
and shall be incorporated in the contract award as deemed appropriate by the City. A
proposal that does not include all the information required may be deemed non-responsive
and subject to rejection. It is suggested that the Contractors include each of the City’s
questions with their response immediately following the question. The City of Fort Collins
shall not reimburse any firm for costs incurred in the preparation and presentation of their
proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
services offered, including a general description of the services and any unique aspects
or benefits provided by the Consultant.
Consultant should indicate their ability to participate in the interviews on the proposed
dates as stated in Section II.
B. Vendor Information
1. Describe your firm’s business and background
2. Number of years in the business
3. An overview of services offered and qualifications
4. Size of the firm
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5. Location(s) of offices. If multiple, please identify which will be the primary for this
contract.
6. Primary contact information for the company including contact name(s) and title(s),
mailing address(es), phone number(s), and email address(es). Complete Section VI,
Vendor Statement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion. Include a description
regarding how the analysis will be performed for the various identified areas
identified, the methods and assumptions used, and the limitations of the analysis.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Include a description of the software and other analysis tools to be used.
5. Identify what portion of work, if any, may be subcontracted.
6. Proposed cost schedule to complete the project.
7. Proposed timeline to meet the project schedule and include milestone and
completion dates. Schedule: Consultant’s schedule shall clearly indicate “critical path
work items” including decision points requiring City input. Consultant must explain
approach and strategy to ensuring this schedule is met as well as their
understanding of the challenges associated. The schedule shall detail all items
required to meet the final deliverable date and shall clearly indicate critical path work
items. Schedule should include realistic timelines for performing critical path tasks. If
the provided schedule described in this RFP is not attainable, provide an explanation
as to why it is not and how it must be adjusted. Consultant should also address the
question of whether additional personnel are available to assist in meeting schedule
if needed.
D. Firm Capability & Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub-consultants with titles and their
specific task assignment for this Agreement shall be provided in this section. Include
the identification of the contact person with primary responsibility for this Agreement.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the consulting services described above.
3. Description of legal qualifications for review of impact fee legislation and ordinance
preparation.
4. Detail of transportation modelling experience.
5. Narrative of public financing and budgeting experience.
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6. Provide a minimum of three similar projects with public agencies in the last 5 years
that have involved the staff proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, sub-consultants on the team and a brief description of the work and any
change orders.
7. Provide examples of at least two projects where you’ve worked with your sub-
consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of
expertise, and include all other applicable information herein requested for each sub-
consultant. Identify what portion of work, if any, may be sub-contracted.
8. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Consultant
authorizes City to verify any and all information contained in the Consultant’s
submittal from references contained herein and hereby releases all those concerned
providing information as a reference from any liability in connection with any
information they give.
9. Please speak to the issues and/or opportunities related to the remote working
situation. Specifically, what are ways to keep the project on schedule and still
facilitate meetings with stakeholders and property owners?
10. What adjustments to your processes do you plan to make or have made due to
COVID-19?
11. A resume for each Consultant and technical person assigned to the Agreement,
including partners and/or sub-consultants. The résumés shall include at least three
individual references from previous assignments. Please limit resumes to one page.
12. The availability of project personnel to participate in this project in the context of the
vendor’s other commitments. Provide a percentage of availability as well.
13. Provide a list of similar projects completed in the last five (5) years by the key
members of the proposed team.
E. Sustainability / TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values. Address how your firm strives to
incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line
(TBL) sustainable practices into the workplace. Provide examples along with any metrics
used to measure success within your firm Also provide examples of how your firm has
incorporated all three aspects of TBL sustainable practices in previous similar projects
that your firm has been the prime Consultant on.
Some examples are provided below:
1. Environmental – Experience delivering projects / programs focused on environmental
health priorities in the areas of climate resiliency, water quality and watershed protection,
regulatory performance, management systems, air quality, renewable energy,
sustainable building and design, construction materials management, and solid waste
reduction.
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2. Economic – Experience working and delivering projects with an emphasis on strategic
financial planning, job creation, business development, asset management, various
project delivery methods, value engineering, regional partnerships, transparency,
stakeholder engagement, strategic investments, aging infrastructure, repurposing of
existing facilities, and competing financial priorities.
3. Social - Experience working and delivering projects, programs, and/or initiatives that
support Equity, Diversity, and Inclusion throughout your firm’s workplace, including
leadership, and supply chain. Examples of this may be demonstration of working within
cultural and language gaps, development of diversity programs, diverse project teams,
equitable opportunity vendor supply chain, and how your firm has applied an equity lens
to processes such as recruitment, hiring, purchasing, career pathways, salaries, and
staff engagement.
F. Cost
In your response to this proposal, submit all applicable Rate/Fee Schedules including
applicable expenses. Identify the following:
1. Consultant’s proposal should include a detailed spreadsheet highlighting hours and
fee breakdown (number of hours x hourly rate for employee name & job title) for
tasks through final deliverables being submitted.
2. Schedule of Rates: Provide a schedule of billing rates by category of employee with
job title to be used during the initial term of the Agreement. This fee schedule will be
firm for at least one (1) year from the date of the Agreement. The fee schedule will
be used as a basis for determining fees when creating Work Orders. Include a per
meeting rate in the event additional meetings are needed. A fee schedule for each
sub-consultant, shall also be included.
3. Consultants are to provide a list of fees for reimbursable expenses to include the
following for the Agreement:
a. Reasonable travel expenses may be reimbursable as per the current rates
found at www.gsa.gov
b. Other direct expenses such as printing, copies, postage and deliveries shall
be billed as a direct cost, no markups allowed
c. Markups on sub-consultants and sub tier consultants will not be approved
d. Markups for technology expenses will not be approved (phone, computer,
etc.)
All direct costs (i.e., travel, printing, postage, markups, etc.) specifically attributed to the
work and not included in the billing rates must be identified. The Consultant will be
required to provide original receipts to the City for all reimbursable expenses.
No additional terms and conditions should be part of any Consultant or sub-consultant
Rate Schedules.
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G. Additional Information
Provide any information that distinguishes your firm / team from its competition and any
additional information applicable to this RFP that might be valuable in assessing your
proposal.
Explain any concerns your firm / team may have in maintaining objectivity in
recommending the best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is attached
in Section VII) shall be documented.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Consultant firms / teams will be evaluated on the following criteria. These criteria will be
the basis for review and assessment of the written proposals and optional interview. At
the discretion of the City, interviews of the top-rated Consultant firms / teams may be
conducted. Final score may include evaluation of elements from the written proposal and
interview.
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
3.0 Scope of Proposal
Does the proposal address all elements of the RFP?
Does the proposal show an understanding of the project
objectives, methodology to be used and
results/outcomes required by the project? Are there
any exceptions to the specifications, Scope of Work, or
agreement? Is the Consultant’s estimate of hours
realistic for the required tasks in the proposal schedule?
4.0
Firm Capability &
Assigned Personnel
Does the firm have the resources, financial strength,
capacity and support capabilities required to
successfully complete the project on-time and in-
budget? Has the firm successfully completed previous
projects of this type and scope? Do the persons who
will be working on the project have the necessary skills
and qualifications? Are sufficient people of the requisite
skills and qualifications assigned to the project?
1.0
Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the project,
and their day-to-day business operating processes and
procedures?
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2.0
Cost and
Work Hours
Does the proposal include detailed cost break-down for
each cost element as applicable and are the line-item
costs competitive? 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 by each project task or phase? Is the
Consultant’s cost estimate realistic for the required
tasks and stated hours? Is the Consultant’s cost
estimate competitively priced?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser or
reduced negative effect on human health and the environment when compared with competing
products or services that serve the same purpose. This process is also known as
“Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of
performance: economic, or financial; environmental, and social. The generally accepted
definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its profitability
and shareholders values and its social, human, and environmental capital.”
Reference Evaluation (Top Rated 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 Consultant 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 Consultant responsive to client needs; did
the Consultant anticipate problems? Were problems
solved quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
Job Knowledge
I. If a study, did it meet the Scope of Work?
II. If Consultant administered a construction
contract, was the project functional upon
completion and did it operate properly? Were
problems corrected quickly and effectively?
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V. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor 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
Vendor’s knowledge and belief.
b. Vendor 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. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
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.
f. Vendor acknowledge receipt of addenda.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
WORK ORDER TYPE
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 "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders agreed
upon in writing by the parties from time to time. Such Work Orders, a sample of which
is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by
this reference, shall include a description of the services to be performed, the location
and time for performance, the amount of payment, any materials to be supplied by the
City and any other special circumstances relating to the performance of services. No
Work Order shall exceed $ . A general scope of services is attached hereto as
Exhibit C, consisting of ( ) page(s), and incorporated herein by this
reference.
The only services authorized under this Agreement are those which are performed after
receipt of such Work Order, except in emergency circumstances where oral work
requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days. Irrespective of references
in Exhibit A to certain named third parties, Service Provider shall be solely responsible
for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating such Work Order, make changes to the scope of the particular services.
Such changes shall be agreed upon in writing by the parties by Change Order, a sample
of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated
herein by this reference.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
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emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence , 20 and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) days prior to
contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed 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 address:
Service Provider: 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 early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all
work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
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, consisting of ( ) page(s), and incorporated herein by this reference.
Payment shall be made by the City Net 30 days from the date of the invoice and upon
acceptance of the work by the City and upon the Service Provider furnishing satisfactory
evidence of payment of all wages, taxes, supplies and materials, and other costs
incurred in connection with the performance of such work.
9. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services hereunder, the
Service Provider is an independent contractor responsible to the City only as to the results
to be obtained in the particular work assignment and to the extent that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
11. Subcontractors. Service Provider 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 Service
Provider.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
13. Acceptance Not Waiver. 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 under the Agreement or
of any cause of action arising out of the performance of this Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
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respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after
final acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the affected item or
part thereof shall be redesigned, repaired or replaced by Service Provider in a manner
and at a time acceptable to City.
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 thereof.
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 representative, successors and assigns of said parties.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever, brought or asserted for injuries to or death of any person
or persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder shall deliver to the City's
Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a
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certificate evidencing the insurance coverage required from an insurance company
acceptable to the city.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. 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.
21. Prohibition Against 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 vendors 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 vendors and their subcontractors at every tier.
22. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1) Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2) Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
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-
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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. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1) Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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.
e. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
23. 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.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER'S NAME
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER 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:
Service Provider agrees to perform the services identified above and on the attached forms in
accordance with the terms and conditions contained herein and in the Master Agreement between
the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) page(s) are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Name, 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
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: Company Name
WORK ORDER NUMBER:
PO NUMBER:
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 CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: Date:
Name, Title
ACCEPTANCE: Date:
Name, 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 C
GENERAL SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider 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 Service Provider 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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 Service Provider, 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 Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider '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 Service Provider shall
maintain during the life of this Agreement for all of the Service Provider'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 Service Provider 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider 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.
Official Purchasing Document
Last updated 10/2017
RFP 9220 Transportation Capital Expansion Fee Program Assessment and Update Page 31 of 31
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider
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 Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’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.