RFP 10113 Contract Tree Growing Page 1 of 42

REQUEST FOR PROPOSAL

10113 CONTRACT TREE GROWING

RFP DUE: 3:00 PM MT (Mountain Time), 10/26/2026

The City of Fort Collins is requesting proposals from qualified Service Providers for contract Tree Growing Production and Delivery.

As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS.

Proposals not submitted by the designated Opening Date and Time will not be accepted by

RMEPS.

All questions should be submitted, in writing via email, to Ed Bonnette, CPM, CPPB, Senior Buyer at ebonnette@fcgov.com, with a copy to Freddie Haberecht, Project Manager, at fhaberecht@fortcollins.gov , and to Sean Mallander, Buyer II at SMallander@fcgov.com no later than 3:00 PM MT on 10/12. Please format your e-mail to include: RFP 10113 CONTRACT TREE GROWING 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):

59570 Trees, Fruit and Nut 59575 Trees, Ornamental and Shade 94442 Fruit and Tree Nut Farming (Not Citrus) 94784 Tree Farm Operation and Management Services

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

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 http://www.bidnetdirect.com/colorado/city-of-fort-collins mailto:fhaberecht@fortcollins.gov mailto:SMallander@fcgov.com

RFP 10113 Contract Tree Growing Page 2 of 42 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 Providers 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 Providers and their subcontractors/subconsultants at every tier.

Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Provider hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information.

Service Providers Registration: The City requires new Service Providers 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 Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.

Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited.

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

The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities.

http://www.fcgov.com/purchasing

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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 Service Provider shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document).

Sincerely, Gerry Paul Purchasing Director

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I. BACKGROUND & OBJECTIVE / OVERVIEW

A. Objective

The City of Fort Collins is requesting proposals from qualified Service Providers for contract Tree Growing Production and Delivery.

B. Background

The intent of this RFP is to enable the City to establish a relationship with one or more Proposers to provide Tree Growing and Supply as specified in this RFP document. This RFP is open to all Proposers actively engaged in growing and supplying trees as specified herein. The Proposers will be required to demonstrate their capability through references or by means acceptable to the City. The Proposer must have the ability to supply needed quantities of the requested varieties of Trees specified.

C. Federal Funds

Because this solicitation may be funded all or in part by Federal USDA funds, the applicable Federal 2 CFR part 200 Terms and Conditions are included in Exhibit B.

II. SCOPE OF PROPOSAL

A. Scope of Work

It is the intent of the City to establish a relationship with one or more nurseries/firms for the growing and supply of quality trees for the City in accordance with the Scope. Proposers are requested to bid on each species as listed in the Scope. Proposals are to be for a minimum of 50 trees, across however many species you are providing.

Receipt of trees will take place in early spring based on the recommended arboricultural practices. The City will review the species list with the Proposer to identify species considerations regarding digging and transport to limit damage to trees.

Basis for Payment: This work shall be paid for at the contract unit cost per species of tree provided, at the unit cost bid on the

Detailed Cost Sheet for each species of tree, which price shall include all labor, equipment, and materials necessary. This work shall also include all costs related to delivery of trees to the City’s holding yard. Payment on any given invoice may be

RFP 10113 Contract Tree Growing Page 5 of 42 withheld by the City for work not completed according to prescribed specifications. In this event, the Proposer must correct deficiencies at their own expense before any further payments will be made.

Exceptions: Any exceptions to the Scope or the terms of the attached Sample Agreement must be included in the Scope of the Proposal.

Geographical Limitation: Winning proposers’ growing operations must not be located any further than 500 miles from the City of Fort Collins, unless exception is granted by the City’s Project Manager or their designee.

Inspection and Integrated Traceability: To verify that contracted trees are on track for delivery and meeting quality standards, inspection and digital product traceability must be incorporated. An inspection can be undertaken of the City’s tree crop at any point in the growing season and will be performed by the City’s Project Manager or their designee. If at any inspection of the tree crop falls below City specifications; payment will cease at that point for that quantity of that type of tree and it will be dropped from the program. This is intended to be a five-year Agreement for that stated type and quantity of tree to be delivered at the end of the five-year Agreement that meets the City’s specification. The City and the grower are both accepting risk that the tree will make it within specification to the end of the Agreement and be delivered to F.O.B. to the designated City location.

If the tree should fail inspection at any point; then the City’s liability for that tree is over at that point.

To ensure transparency and compliance in the procurement and delivery of trees for municipal planting projects, the supplier must integrate a traceability platform or an equivalent solution into their supply chain processes. The following requirements apply:

1. QR Code Tagging:

Each tree or batch of trees supplied must be assigned a unique QR code tag or other comparable tracking marking at the point of origin. The code must securely store information including, but not limited to:

o Tree species (botanical nomenclature), age, and size o Source location (nursery/propagation details) o Certification of sustainable growing practices o Health and quality assessments

2. Online Integration:

The supplier must utilize a mobile app or a comparable platform to:

o Scan and update QR codes at each stage of the supply chain, including during packaging, transport, and delivery.

o Provide real-time data access for the municipality to track the movement of goods.

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3. End-User Transparency:

The code system must allow municipal staff or residents to scan tags and view tree-specific information, fostering community engagement and trust.

Proposals that fail to demonstrate full integration of these traceability and compliance features will not be considered.

Type and Quantity of Each Tree the City is looking to contract for:

Quantity requested per delivery year

Scientific Name Common Name Specifications Size Finished product 2027 2028 2029 2030 2031

Acer grandidentatum var. manzano

Manzano Maple

Seed gown trees preferred with cultivars also accepted. Preference for high pH tolerant cold hardy rootstock if grafted.

2.00" Field grown or container grown

25 25 25 25 25

Carya illinoinensis

Northern pecan

Northern seed source required for this species.

2.00" Field grown or container grown

25 25 25 25 25

Maclura pomifera Osage Orange Thornless or thorn reduced male cultivars only.

2.00" Field grown or container grown

25 25 25 25 25

Prunus armeniaca or Prunus mandschurica

Apricot/ Manchurian Apricot

Seed gown trees preferred with non-dwarfing cultivars also accepted.

Grown with central leader and single stem to be used as street tree.

2.00" Field grown or container grown

25 25 25 25 25

Quercus gambelii ‘Gila Monster’

Gila Monster gambel oak

Only this seed strain accepted.

Trained for single stem growth form for use as a street tree.

2.00" Field grown or container grown

25 25 25 25 25

Hesperocyparis arizonica

Arizona cypress

Cookes peak seed strain only. 6’ Field grown or container grown

25 25 25 25 25

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Pseudotsuga menziesii var.

glauca

Rocky Mountain Douglas fir

Rocky mountain seed strains only.

West coast Douglas fir will not be accepted.

6’ Field grown or container grown

25 25 25 25 25

Corylus colurna Turkish filbert Cultivar or seed grown trees accepted. 2.00" Container

25 25 25

Styphnolobium japonicum

Japanese pagoda tree

Seed grown or grafted trees from a hardy source. i.e existing mature trees in Fort Collins.

2.00" Field grown or container

Syringa pekinensis

Pekin Lilac Cultivars and seed grown trees accepted.

2.00" Field grown or container

Prunus x fontanesiana

Des Fontaines cherry

Only this cultivar or hybrid is accepted. Seed gown trees also accepted.

2.00" Field grown or container

25 25

Sapindus drummondii

Soapberry Seed grown from cold hardy source with similar climate to Fort Collins.

2.00" Field grown

Acer truncatum Shantung maple

Seed grown from cold hardy source with similar climate to Fort Collins.

2.00" Field grown

Tree Specifications:

1. General Acceptance Criteria

a. All finished trees must meet the specifications outlined herein. Failure to comply may result in contract cancellation.

2. Container and Balled and Burlapped Nursery Material

a. Container Material: Containers, if used, must be made of recyclable or compostable materials.

b. Pest and Disease Control: All nursery materials must be kept free of pests and diseases to a reasonable extent.

c. Weed Control: All nursery materials must be free of weeds listed as noxious by the Colorado Department of

Agriculture.

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3. Root System and Structure

a. Root Development: All containerized material, including first-year seedlings, must be grown in a manner that promotes optimal root growth and structure. Trees must be free from girdling, circling, or kinked roots.

b. Root Flair and Crown: For all field and container-grown trees, the root flair must be visible, and roots must radiate evenly from the root crown.

4. Trunk and Tree Structure

a. Trunk Condition: Trunks must be straight, free from significant bends or lean, and devoid of damage, including sun scald, missing bark, or cankers.

b. Central Leader: Trees must exhibit a dominant central leader, good trunk taper, and a single stem.

5. Growth and Pruning Standards

a. Graft Unions: Graft unions must be fully healed at the time of delivery.

b. Pruning: Trees must be pruned in accordance with ANSI Z60.1-2014 standards, avoiding flush cuts, bark tearing, and other damage that could hinder healing or introduce diseases.

c. Street Tree Pruning: For street trees, the first branch must be no lower than 4 feet for shade trees and 3 feet for ornamental trees.

d. Canopy Structure: Trees must be pruned to support a full, balanced canopy with spaced branching, following ANSI

Z60.1-2014 standards.

6. Size and Measurement Standards

a. Caliper Size: The tree’s caliper must not vary more than 0.5 inches from the agreed-upon size, as measured 6 inches from the soil surface, in accordance with ANSI Z60.1-2014, unless otherwise agreed upon by city staff.

b. Tree Height: All finished trees must be a minimum of 6 feet in height at the time of delivery.

7. Quality Control

a. No Dieback or Disease: Trees must be free from twig dieback, significant disease issues, or mechanical damage at the time of delivery.

8. Root Ball Sizing

a. Root Ball: Root ball size and quality must adhere to the minimum standards outlined in ANSI Z60.1-2014.

9. Container Sizing

a. Container: Container size must be proportional to the size of tee outlined in the minimum standards in ANSI Z60.1-

2014.

Deliverables/Milestones It is the intention of the City to take delivery of all trees, awarded through this contract, five years after the start of the contract or in the year specified for delivery. Proposals will be evaluated by using estimated quantities multiplied by the unit costs.

Contract award shall be made based on the Total Extended Cost as listed on the Detail Cost Sheet, with an amount paid to the winning Proposer, on an annual basis for five years, not to exceed one fifth (1/5) the Total Extended Cost of the awarded

RFP 10113 Contract Tree Growing Page 9 of 42 contract or the approved fiscal year budget; and on the basis of the ability, in the estimation of the City, the Proposer is capable of meeting the City’s specified schedule. Additional payments may be made at the discretion of the City. Trees to be delivered within the 5 year timeframe will be paid for on an annual basis with the same 1/5 payment structure with the remainer paid at the time of delivery. During the term of the Contract, the City reserves the right to purchase any additional trees listed on the Detail Cost Sheet at the unit price bid.

Geographical Limitation: Winning proposers’ growing operations must not be located any further than 500 miles from the City of Fort Collins, unless exception is granted by the City’s Project Manager or their designee.

B. Anticipated Schedule

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

• RFP issuance: 10/5/2026

• Question deadline: 3:00 PM MT on 10/12/2026

• Final Addendum Issued: 10/14/2026

• Proposal due date: 3:00 PM MT on 10/26/2026

• Interviews (tentative): Week of 11/12/2026

• Award of Contract (tentative): 11/23/2026

C. Interviews

In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV.

Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom.

D. Subcontractors/Subconsultants

Service Provider will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that

RFP 10113 Contract Tree Growing Page 10 of 42 the City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants and tracking of any tree provided by the subcontractor will be the responsibility of the Service Provider.

E. 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.

F. 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 vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law.

G. Laws and Regulations

The Service Provider 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).

H. Invoicing and Payment

Invoices should be emailed annually to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each year following the submittal of a correct invoice by the Service Provider indicating the project name, type and number of trees, Purchase Order and a brief progress report.

Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work.

The City pays invoices on Net 30 terms.

III. PROPOSAL SUBMITTAL

Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected.

mailto:invoices@fcgov.com

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Service Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection.

Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City’s questions with their response.

The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal.

A. Cover Letter / Executive Summary

The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm.

Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section.

B. Service Provider/Professional Information

1. Describe the Service Provider’s business and background

2. Number of years in the business

3. Details about ownership

4. An overview of services offered and qualifications

5. Size of the firm

6. Location(s) of offices. If multiple, please identify which will be the primary for our account.

7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s).

C. Scope of Proposal

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.

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3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks.

4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties.

5. Include a description of the software and other analysis tools to be used.

6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service Provider.

7. Can the work be completed in the necessary timeframe, with target start and completion dates met?

8. Are other qualified personnel available to assist in meeting the project schedule if required?

9. Is the project team available to attend meetings as required by the Scope of Work?

10. Provide an outline of the schedule for completing tasks.

11. NOTE: It is Mandatory to fill out and include Exhibit A as part of your Proposal.

D. Firm Capability and Assigned Personnel

Provide relevant information regarding previous experience related to this or similar projects, to include the following:

1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section.

2. Provide resumes for each professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. The résumés shall include at least three individual references from previous assignments.

3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above.

4. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Service Provider authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided.

5. Provide any information that distinguishes Service Provider from its competition and any additional information applicable

RFP 10113 Contract Tree Growing Page 13 of 42 to this RFP that might be valuable in assessing Service Provider’s proposal.

E. Cost

In Exhibit A, fill out the Tree Type, common name, Latin name, Quantity (or proposed quantity, if applicable), Unit Price, and Extended Total for each category of Tree you propose to provide to the City. NOTE: It is Mandatory to fill out and include Exhibit A as part of your Proposal.

F. Sample Agreement

Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Service Provider. The Service Provider is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions.

G. Acknowledgement

The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.

IV. REVIEW AND ASSESSMENT CRITERIA

A. Proposal and Interview Criteria

Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Service Providers may be conducted.

The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category.

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WEIGHTING

FACTOR

CATEGORY STANDARD QUESTIONS

3.0 Scope of Proposal

Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work?

3.0 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?

4.0 Cost

Does the proposal included detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Does the proposed cost compare favorably with the Project Manager's estimate?

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V. ACKNOWLEDGEMENT

This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected.

Service Provider 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 10113 CONTRACT TREE GROWING and sample Agreement 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 Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm.

f. 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 proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Provider hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information.

Legal Firm Name:

Physical Address:

Remit to Address:

Phone:

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Name of Authorized Agent of Firm:

Signature of Authorized Agent:

Primary Contact for Project:

Title: Email Address:

Phone: Cell Phone:

NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.

Official Purchasing Document Last updated 5/2024

Services Agreement RFP 10113 Contract Tree Growing Page 17 of 42

VI. SAMPLE 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. Project Schedule. The Services to be performed pursuant to this AGREEMENT shall be performed in accordance with the Project Schedule attached hereto as Exhibit [choose one], consisting of [# of Pages], and incorporated herein.

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

4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective

Date) 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 [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. [Any price changes shall not exceed percent (%) per annual renewal]. Written notice of renewal shall be provided to the

SERVICE PROVIDER no later than thirty (30) days prior to AGREEMENT end.

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

Services Agreement RFP 10113 Contract Tree Growing Page 18 of 42 of termination. Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination.

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

SERVICE PROVIDER: CITY: Copy to:

Attn:

Email Address

City of Fort Collins

Attn:

PO Box 580

Fort Collins, CO 80522

Email Address

City of Fort Collins

Attn: Purchasing Dept.

PO Box 580

Fort Collins, CO 80522 purchasing@fcgov.com

All notices under this AGREEMENT shall be written.

7. Compensation. In consideration of the Services to be performed pursuant to this

AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER [on a time and reimbursable direct cost basis] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the amount of ???? ($????) plus reimbursable direct costs, wherein all such fees and costs shall not exceed ???? ($????)] 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.

8. 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.

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

Services Agreement RFP 10113 Contract Tree Growing Page 19 of 42

9. 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.

10. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit

[choose one] consisting of [# of Pages], attached and incorporated herein.

11. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City

Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution.

The CITY shall have no obligation to continue this AGREEMENT in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY shall not be construed as a breach of this AGREEMENT.

12. Project Instruments and License.

a. Upon execution of this AGREEMENT, the 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.

13. 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

Services Agreement RFP 10113 Contract Tree Growing Page 20 of 42 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 [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the CITY.

14. Project Status Report. Project status reports may be required by Exhibit A – Scope of

Services and shall be submitted to the CITY Project Manager. Failure to provide any required status report may result in the suspension of the processing of any invoice.

15. Independent Contractor. The Services to be performed by the 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 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.

16. 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.

17. 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

Services Agreement RFP 10113 Contract Tree Growing Page 21 of 42 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.

18. 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.

19. 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.

b. Unless otherwise provided in the AGREEMENT, all materials and equipment incorporated into any Services shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all Services must be of a quality acceptable to CITY.

c. SERVICE PROVIDER warrants all equipment, materials, labor and other Services, provided under this AGREEMENT, except CITY-furnished materials, equipment and labor, against defects and nonconformances in design, materials and Service quality for the original manufacturer’s warranty term or a period beginning with the start of the

Services and ending twelve (12) months from and after final acceptance under the

AGREEMENT, whichever is time is longer, regardless of 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 the 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.

20. Default. Each and every term and condition hereof shall be deemed to be a material element of this AGREEMENT. In the event either party should fail or refuse to perform according to the terms of this AGREEMENT, that party may be declared in default upon notice.

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

a. terminate the AGREEMENT and seek damages;

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

Services Agreement RFP 10113 Contract Tree Growing Page 22 of 42

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

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

22. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all

Exhibits 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.

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

24. 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.