10141 Flagger Services.pdf

BID 10141 Flagger Services Page 1 of 30

INVITATION TO BID

10141 Flagger Services

BID OPENING: 3:00 PM MT (our clock), April 30, 2025

The City of Fort Collins is requesting bids from qualified Service Providers for flagger services.

As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note:

submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system.

The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts.

Public Bid Opening: Bid opening will be conducted shortly after 3:00 PM MT on [DATE]. Bid openings will be conducted by videoconference. At said place and time, and promptly thereafter, all Bids that have been duly received will publicly opened and read aloud. To access the Bid opening, please follow the link:

Join the meeting now Meeting ID: 210 838 963 00 Passcode: cQ3UW3K2

Alternatively, the bid opening can be accessed via phone. This option will only allow you to hear the audio presentation.

Call-in number: 1-970-628-0892 Conference ID: 646 761 133#

Any additional questions should be submitted, preferably in writing via email, to Adam Hill at adhill@fcgov.com with a copy to Project Manager, Steve Varnell at svarnell@fcgov.com , no later than 3:00 PM MT (our clock) on April 23, 2025. Please format your e-mail to include:

Bid 10141 Flagger Services 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 Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.

This BID has been posted utilizing the following Commodity Code(s):

913 27 Construction, Highway and Road 968 84 Traffic Control Services 981 76 Traffic Control Equipment and Accessories

Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522

970.221.6775 fcgov.com/purchasing http://www.bidnetdirect.com/colorado/city-of-fort-collins https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzcyNzA1M2UtNzQ1Yi00YzczLWJlNmYtNTdhMmVjNjQ0NDZl%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%2237299b31-8a43-4b66-8642-b5358a21cda9%22%7d mailto:adhill@fcgov.com mailto:svarnell@fcgov.com

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Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-

4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.

The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

The City requires its Service Provider 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 Service Provider and their subcontractors/subconsultants at every tier.

Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA.

Special Instructions:

All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening.

The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings.

Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Service Provider. Any proposed modification must be accepted in writing by the City prior to award of the bid.

Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal.

No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City.

Bids must be furnished exclusive of any federal excise tax, wherever applicable.

Service Providers must be properly licensed and secure necessary permits wherever applicable.

The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject

BID 10141 Flagger Services Page 3 of 30 any and all bids, and to waive any irregularities or informalities.

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.

Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal.

Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid.

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.

Service Provider Registration: The City requires a new Service Provider receiving awards from the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Service Provider Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Service Provider Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.

Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins.

Gerry Paul Purchasing Director http://www.fcgov.com/purchasing

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CITY OF FORT COLLINS

GENERAL INFORMATION

The City of Fort Collins is requesting bids from qualified Service Providers for flagger services.

Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time.

• Bid issuance: April 4, 2025

• Question deadline: 3:00 PM MT on April 23, 2025

• Bid Opening Date: 3:00 MT (our clock) on April 30, 2025

• Award of Contract (tentative): Week of May 5, 2025

Method of Award The City reserves the right to split the bid award in whatever percentages are most advantageous to the City.

Award(s) from this bid will be based primarily on lowest bid price as well as support plan costs over five (5) years. Lead times, details of the support plans and exceptions taken will also be considered.

Future orders may be authorized, at the option of the City, from this bid for a period of five years after bid closing date. Satisfactory pricing and delivery are required for future orders based on this bid.

Agreement The awarded Service Provider will receive a Purchase Order from the City authorizing work under this Agreement. Service Provider should not begin any Work prior to receipt of the Purchase Order.

The awarded Service Provider is also expected to sign the City’s standard Services Agreement, a sample of which is attached. The Agreement will be effective for a period of one year. At the option of the City, the Agreement may be extended for up to an additional four (4) one-year periods. Renewals and pricing changes shall only be negotiated and agreed to by both parties at least thirty (30) days prior to Agreement expiration. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to the Agreement expiration date.

The awarded Service Provider is also expected to sign the City’s standard services agreement, a sample of which is attached as Attachment 1 for reference purposes. In the event that the City has agreements with multiple Service Providers for the Work, the City reserves the right to choose which Service Provider to contact regarding the project, unless order of preference has been established during the contracting process.

Individual Work assignments will be requested and agreed to by the Project Manager.

Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees will conform with those submitted in the BID response and subsequently included in the Agreement.

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Depending on the cost and nature of the work, additional authorization may be required. Any changes to the dates, cost or scope must be agreed upon by the City Project Manager and will not be considered valid unless agreed to by the Service Provider and City Project Manager.

Invoices & Payments Invoices should be emailed monthly or after a shipment to invoices@fcgov.com with a copy to the Project Manager. The cost of the item(s) delivered shall be paid to the Service Provider each month following the submittal of a correct invoice. Service Provider should include Purchase Order Number and a detailed description of item(s) on each invoice submitted. The City pays invoices on Net 30 terms.

Fees, Licenses, Permits The successful Service Provider 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.

Laws and Regulations 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.

The Contractor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). The Contractor further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto.

Insurance Service Provider is responsible for providing the City with insurance as required in the attached Agreement.

Warranty 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 delivery 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.

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CITY OF FORT COLLINS

BID SUBMITTAL INSTRUCTIONS

The following items must be provided in the bid submittal package:

1) Completed Bid Submittal Form, consisting of ( ) pages, including:

• Bid Schedule

• Experience & References List, providing documentation of at least three (3) reference projects.

• Acknowledgement.

• Additional documents may be submitted in Word or PDF.

2) An overview of your company, a list of essential equipment that will be used, and a description of the means and methods for completing services.

Failure to submit any of the above may result in your bid being considered non-responsive.

BID SUBMITTAL FORM

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SERVICE PROVIDER NAME:

SUBMITTAL DATE:

A. BID SCHEDULE

ADD PRICING, LEAD TIME

WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR

FLAGGER SERVICES PER THE BID INVITATION AND ANY REFERENCED

SPECIFICATIONS:

The Scope of Services covers the requirements for providing Flagger Services for the City of Fort Collins on an annual basis.

This is a one-year agreement, but 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than 30 days prior to Agreement term end.

Bid Schedule

PRICES QUOTED MUST INCLUDE ALL LABOR, OVERHEAD, MATERIAL PER THE SCOPE

OF SERVICES.

Flag Person $ _______ per hour

Flag Person $________ overtime (defined as over 40 hours over a 7-day period for one flagger on a City project)

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B. EXPERIENCE & REFERENCES LIST

PROJECT #1

Project Name:

Project Type:

Location:

Contract Amount: $

Client:

Contact Name: Title:

Phone: Email:

Start Date: Completion Date:

Was the Project completed on time? Yes No

If no, please describe:

Was the Project completed within the original budget? Yes No

Additional information:

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PROJECT #2

Project Name:

Project Type:

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PROJECT #3

Project Name:

Project Type:

PLEASE NOTE: THE CITY RESERVES THE RIGHT TO REQUEST AND CONTACT ADDITIONAL

REFERENCES.

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D. ACKNOWLEDGEMENT

Service Provider hereby acknowledges receipt of the City of Fort Collins Bid and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in 10141 Flagger Services except as otherwise noted. Additionally, Service Provider 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

Service Provider’s knowledge and belief.

b. Service Provider 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. Service Provider further agrees that the method of award is acceptable.

e. Service Provider also agrees to complete the proposed Notice of Award (NOA) with the

City of Fort Collins within 10 days of notice of award. If NOA is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm.

f. Service Provider acknowledges receipt of addenda.

g. Service Provider acknowledges no conflict of interest.

h. Service Provider acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Service Provider hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA.

Legal Firm Name:

Physical Address:

Remit to Address:

Phone:

Name of Authorized Agent of Firm:

Signature of Authorized Agent:

Primary Contact for Project:

Title: Email Address:

Phone: Cell Phone:

NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED

WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE.

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SCOPE OF WORK

The Scope of Services covers the requirements for providing Flagger Services for the City of Fort Collins on an annual basis. All of these requirements and provisions shall be incorporated in the signed Services Agreement when the bid is awarded. The City reserves the right to select multiple Service Providers.

A. Certificates and Flagger Duties

All flaggers working within the City of Fort Collins right of way, under the terms of this contract, shall be under the direct supervision of a City provided Traffic Control Supervisor (TCS).

Flaggers shall possess a current ATSSA - American Traffic Safety Services Association certification or the Colorado Department of Highways Flagger Certification Program or other City approved certification programs. This certification shall be on file with the City. Valid certification card must be presented to the City Traffic Control Manager for each person (flagger) on the job. Flaggers must have a minimum of six (6) months experience. The hourly and daily rate charge for flagger personnel shall include a properly equipped flagger, (i.e.

flagger vest, orange hard hat, slow-stop paddle and two-way radio when required.) The Service Provider must certify their employees as required by this Agreement without expense to the City. All flag personnel must carry proof of certification and present it when requested by a City Representative.

Flagger duties shall include, but not be limited to:

(1) Flaggers will work under the direct supervision of the City’s TCS. Additionally, at times flaggers will be responsible for placement and teardown of traffic control devices under the direction of the City’s TCS as necessary.

(2) Protect project personnel and provide safe, courteous and authoritative direction to traffic seeking passage through the work area.

(3) This duty shall be carried out with authority and dignity.

(4) When performing as a flagger, always stand alone; never stand and engage in casual conversation among the workers, the traveling public or other individuals while flagging in the public right of way.

(5) To avoid hindering the sight distance for motorist or causing other obstructions, flaggers shall park their personal vehicles well off the roadway and not close to the flagger station.

(6) Never engage in arguments with occupants of a vehicle, pedestrians or bicyclists. It is important that flaggers be courteous, yet brief, in conversation with the general public.

(7) If a driver, pedestrian or bicyclist refuses to obey instructions, flaggers shall record a general description of the car and driver, the vehicle license number and the circumstances involved, then report this information to the TCS as soon as possible without deserting the post. Cell phone use is NOT ACCEPTABLE while flagging in the public right of way.

(8) Perform flagger duties in adverse conditions and shall be prepared and equipped for all weather conditions.

(9) Neat and official appearance is important to aid in identification and to command respect.

(10) Flaggers shall be capable of effectively communicating with emergency response vehicles.

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(11) Flaggers will be responsible for reporting to the job site or specified location as determined by the City’s TCS. Payment for services will begin on the job site. No travel time will be paid to the job site.

(12) Smoking is not allowed while performing flagger duties. Smoking is permitted on breaks but must be conducted off the job site. Smoking is not permitted on City property.

(13) If flaggers are not able to comply with these requirements, or repeatedly violate any of the aforementioned requirements including, but not limited to: vulgarities, obscene gestures, or other profanities, the City reserves the right to debar the Service Provider’s employee from performing work for the City and/or terminate the Agreement.

B. Conformity

All flag personnel equipment used in the City right of way under the terms of the Agreement shall meet or exceed the minimum standards set forth in the most current issue of the Manual on Uniform Traffic Control Devices (MUTCD), City of Fort Collins Work Area Traffic Control Handbook and or as per City of Fort Collins Service Agreement.

1. Flagger safety apparel: For daytime and nighttime activity, flagger shall wear safety apparel meeting the requirements of the ISEA “American National Standard for High Visibility Apparel” and labeled as meeting the ANSI standard performance for Class 2 risk exposure.

The apparel background outer material color shall be either fluorescent orange-red or fluorescent yellow-green as defined in the standard. The retro reflective material shall be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors and shall be visible at a minimum of one thousand feet (1,000 ft). Hard hats shall be orange in color. Faded safety vests and hard hats will not be permitted.

For nighttime activity the safety apparel meeting the requirements of the ISEA “American

National Standard for High Visibility Apparel and labeled as meeting the ANSI standard performance for Class 3 risk exposure shall be considered for flagger wear instead of the Class 2 safety apparel in the standard above. Flagger should wear proper attire for all weather conditions. These devices will not be measured and paid separately but shall be included in the flagger cost.

2. Stop / Slow Paddle: Hand signaling devices, such as the Stop / Slow paddles are used to control road users through the work zone. The Stop / Slow paddle shall have an octagonal shape on a rigid staff; the paddle shall be a minimum 18” x 18” wide and with a minimum of 6” letters. The Stop / Slow paddle shall be retro reflectorized and shall be placed on a staff with a minimum of 6’ clearance, (bottom of paddle to ground min. 6’).

These devices will not be itemized and paid separately but shall be included in the flagger cost.

The Service Provider shall provide flaggers with electronic communication devices when required and requested by the City Project Manager. These devices will not be itemized and paid separately but shall be included in the flagger cost.

C. Service Call Requirements

Service Provider personnel shall report to specified locations per date and times as requested

BID 10141 Flagger Services Page 14 of 30 by City Project Manager. For day-to-day nonscheduled type activities, flag personnel shall report within (1) hour as requested by City of Fort Collins. City personnel shall give the Service Provider as much notice as possible, except in the event of an emergency. The Service Provider must notify the City Project Manager no later than 5:30 AM MST on the day they are to report to the project if they are not able to provide the flaggers requested by the City Project Manager. If flaggers fail to report or notify the City Project Manager, first a verbal warning to the Service Provider will be issued. After the verbal warning a $200.00 charge will be issued to the Service Provider for each flagger that was to report for services does not show and if notification was not received by the City Project Manager per the timeline above.

City personnel shall endeavor to give reasonable advance notice, even for day-to-day requests. Service Provider cannot refuse flagger service as requested by the City of Fort Collins. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized by the City Project Manager. The City Project Manager will provide flagger breaks and these authorized breaks will be paid for under this Agreement.

Flagger overtime will be paid if the flagger has worked on the City project in excess of (40) hours in a workweek. If in the opinion of the City Project Manager, any flagger is not suitable for use or operation of the work, the Service Provider will be required to replace the flagger within one (1) hour, which will allow the City to perform their work to industry standards.

1. Service Provider Responsibility for Work

The Service Provider shall be responsible for all damages, loss or injuries that occur as a result of the fault or negligence of said Service Provider and/or its’ employee in connection with the performance of this work. The Service Provider should contact the City Traffic Control Manager if their standards set forth from the MUTCD (Manual on Uniform Traffic Control Devices) and the City of Fort Collins Work Area Traffic Control Handbook is being compromised. The Service Provider shall not be expected to compromise this responsibility. The City shall not be responsible for any losses or damage due to theft or vandalism. The Service Provider shall make arrangements so that they are available on every working day, “on call” at all times and available upon request of the City Project Manager during non-working hours. A twenty-four (24) hour telephone number shall be provided to the City Project Managers. The Service Provider shall respond within 30 minutes or less.

Services Agreement BID 10141 Flagger Services Page 15 of 30

Official Purchasing Document Last updated 3/2025

ATTACHMENT A

SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN)

SERVICES AGREEMENT

This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation, (CITY) and , a(n) [enter state] [business type], (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. Scope of Services. The SERVICE PROVIDER agrees to provide Services in accordance with the Scope of Services (Services) attached hereto as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references to named third parties in this AGREEMENT and its Exhibits, the SERVICE PROVIDER shall be solely responsible for performance of all duties hereunder.

2. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.

3. Agreement Period. This AGREEMENT shall commence , 20(Year) (the Effective Date) and shall continue in full force and effect until , 20(Year), unless sooner terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT may be extended for additional one-year periods not to exceed [choose one] additional one-year period(s). Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal.

4. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY may terminate this AGREEMENT at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the SERVICE PROVIDER.

In the event of early termination by the CITY, the SERVICE PROVIDER shall be paid for Services rendered to the date of termination, subject only to the satisfactory performance of the SERVICE PROVIDER's obligations under this AGREEMENT. SERVICE PROVIDER shall submit a final invoice within ten (10) calendar days of the effective date of termination.

Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination.

5. Notices. All notices provided under this AGREEMENT shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses:

SERVICE PROVIDER: CITY: Copy to:

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Official Purchasing Document Last updated 3/2025

Attn:

Email Address

City of Fort Collins Attn: Steve Varnell PO Box 580 Fort Collins, CO 80522 svarnell@fcgov.com

City of Fort Collins Attn: Purchasing Dept.

PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com

All notices under this AGREEMENT shall be written.

6. Compensation. In consideration of the Services to be performed pursuant to this AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER on a time and reimbursable direct cost basis in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. Monthly partial payments based upon the SERVICE PROVIDER's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the SERVICE PROVIDER's CITY-verified progress in completing the Services to be performed pursuant hereto and upon the CITY's approval of the SERVICE PROVIDER's actual reimbursable expenses. Final payment shall be made following acceptance by the CITY of the Services.

Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project Manager.

The cost of the Services completed shall be paid to the SERVICE PROVIDER following the submittal of a correct itemized invoice by the SERVICE PROVIDER. The CITY is exempt from sales and use tax. The CITY’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request.

The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s approval.

7. Design and Service Standards. The SERVICE PROVIDER warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, timely completion and the coordination of all Services rendered by the SERVICE PROVIDER, and the Project Instruments as defined in the Project Instruments and License section below.

The SERVICE PROVIDER shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards.

8. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the CITY and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the SERVICE PROVIDER or third parties against the CITY arising out of or related to this AGREEMENT (including but not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY's defense costs and reasonable attorney’s fees.

9. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit [choose one] consisting of [# of Pages], attached and incorporated herein.

mailto:svarnell@fcgov.com mailto:purchasing@fcgov.com mailto:invoices@fcgov.com

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Official Purchasing Document Last updated 3/2025

10. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall have no obligation to continue this AGREEMENT in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY shall not be construed as a breach of this AGREEMENT.

11. Project Instruments and License.

a. Upon execution of this AGREEMENT, the SERVICE PROVIDER grants to the CITY an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other deliverables (Project Instruments), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the CITY substantially performs its obligations under the AGREEMENT. The license granted hereunder permits the CITY and third parties reasonably authorized by the CITY to reproduce applicable portions of the Project Instruments for use in performing the Services or construction for the project. In addition, the license granted hereunder shall permit the CITY and third parties reasonably authorized by the CITY to reproduce and use the Project Instruments for similar projects, provided however, in such event the SERVICE PROVIDER shall not be held responsible for the design to the extent the CITY deviates from the Project Instruments. This license shall survive termination of the AGREEMENT by default or otherwise.

b. Upon payment of each invoice, associated Project Instruments rendered by the SERVICE PROVIDER shall become the CITY’s property. The SERVICE PROVIDER shall provide the CITY with the Project Instruments in electronic format in a mutually agreed upon file type.

12. CITY Project Manager. The CITY will designate, before commencement of the Services, the CITY Project Manager who will make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this AGREEMENT. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the CITY Project Manager.

The initial CITY Project Manager for this AGREEMENT is Steve Varnell and can be reached at svarnell@fcgov.com or 970-224-6013. The CITY Project Manager is subject to change by the CITY.

13. Independent Contractor. The Services to be performed by the SERVICE PROVIDER are those of an independent contractor and not of an employee of the CITY. The CITY shall not be responsible for withholding or remitting any portion of SERVICE PROVIDER's mailto:svarnell@fcgov.com

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Official Purchasing Document Last updated 3/2025 compensation hereunder or any other amounts on behalf of SERVICE PROVIDER for the payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or benefits or for any other purpose.

14. 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.

15. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the Services without the prior written consent of the CITY, which shall not be unreasonably withheld. If any of the Services are 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.

The SERVICE PROVIDER shall require all subcontractor/subconsultants performing Service(s) hereunder to maintain insurance coverage naming the CITY as an additional insured under this AGREEMENT in accordance with Exhibit [choose one]. The SERVICE PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide the CITY with a copy of the certificate(s) within two (2) business days.

The SERVICE PROVIDER shall be responsible for any liability directly or indirectly arising out of the Services performed under this AGREEMENT by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance.

16. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder shall not in any way relieve the SERVICE PROVIDER of responsibility for the quality or technical accuracy of the Services. The CITY’S approval or acceptance of, or payment for any of the Services shall not be construed to operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT.

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17. Warranty.

a. SERVICE PROVIDER warrants that all Services performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for Services of a similar nature.

18. 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, that party may be declared in default upon notice.

19. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to:

a. terminate the AGREEMENT and seek damages;

b. treat the AGREEMENT as continuing and require specific performance; or

c. avail themselves of any other remedy at law or equity.

In the event of a dispute between the parties regarding this AGREEMENT, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections.

20. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT of the parties regarding this transaction and the matter recited herein. This AGREEMENT supersedes any prior agreements, promises, or understandings as to the matter recited herein. The AGREEMENT 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. Covenants or representations not contained in this AGREEMENT shall not be binding on the parties. In the event of a conflict between terms of the AGREEMENT and any exhibit or attachment, the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this AGREEMENT.

21. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the CITY subsequently agrees in writing that the matter may be heard in federal court, venue will be in U.S. District Court for the District of Colorado. In the event any provision of this AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this

AGREEMENT.

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22. Use by Other Agencies. The CITY reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) to use the CITY’s award determination to the SERVICE PROVIDER. Use by any other Agency shall not have a negative impact on the CITY in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the CITY in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the SERVICE PROVIDER. The CITY’s concurrence hereunder is subject to the SERVICE PROVIDER’s commitment that this authorization shall not have a negative impact on the Services to be completed for the CITY.

23. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. § 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or Federal laws and regulations strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to CITY policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the CITY strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

The SERVICE PROVIDER shall comply with the CITY’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier.

24. ADA and Public Accommodations. In performing the Services required hereunder, the SERVICE PROVIDER agrees to meet all requirements of the Americans with Disabilities Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the SERVICE PROVIDER or which would be imposed on the CITY as a public entity.

25. Technology Accessibility. The SERVICE PROVIDER represents that the Project Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability, as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as provided by the OIT. The SERVICE PROVIDER shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the

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State of Colorado technology standards.

To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER may be required to demonstrate compliance. The SERVICE PROVIDER shall indemnify, save, and hold harmless the CITY against any and all costs, expenses, claims, damages, liability, court awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY in relation to the SERVICE PROVIDER’s failure to comply with C.R.S.

§ 24-85-101, or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5).

The CITY may require the SERVICE PROVIDER’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the CITY to attest to the Project Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5).

26. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act).

SERVICE PROVIDER shall ensure that each person processing any personal data connected to the Services is subject to a duty of confidentiality with respect to the data. If applicable, SERVICE PROVIDER shall require that any subcontractors meet the obligations of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT.

The Parties agree that upon termination of the Services that SERVICE PROVIDER shall, at the CITY’s choice, delete or return all personal data to the CITY unless retention of the personal data is required by law. SERVICE PROVIDER shall make available to the CITY all information necessary to demonstrate compliance with the obligations of the Privacy Act.

SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and inspections by the CITY or the CITY’s designated auditor.

27. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law.

28. Colorado Open Records Act. SERVICE PROVIDER acknowledges that the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq.

(CORA), and documents in the CITY’S possession may be considered public records subject to disclosure under the CORA. The parties agree that this Agreement and all incorporated Exhibits, unless specifically marked as Confidential, are considered public records under the CORA.

29. Delay. Time is of the essence. Subject to Force Majeure , if the SERVICE PROVIDER is temporarily delayed in whole or in part from performing its obligations, then the SERVICE PROVIDER shall provide written notice to the CITY within two

(2) business days defining the nature of the delay. Provision of written notice under

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Official Purchasing Document Last updated 3/2025 this Section shall not operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT.

30. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the party that could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the affected party.