Project Software RFP.pdf

City of Delta 360 Main Street

Delta, CO 81416

City of Delta Administration Department 360 Main Street Delta, CO 81416

REQUEST FOR PROPOSALS

PROJECT MANAGEMENT SOFTWARE - #2025-11

Issue Date: August 11, 2025 Agent/Contact: Joe Gillman, joe@cityofdelta.net Submissions must be received by September 5, 2025, at 11:00 am

Introduction:

The City is requesting proposals from qualified vendors to provide and implement a comprehensive Development Review and Permitting Software solution. This software will streamline the City's land use application processes, building permits, compliance tracking, and other development-related processes, with specific capabilities to support the City's Fast Track affordable housing program under Proposition 123.

Administrative Instructions:

Proposals shall be submitted electronically to lindsay@cityofdelta.net. All electronic submissions must be ADA-compliant and are subject to the Colorado Open Records Act.

Proposals will be publicly opened at 11:00 am on, September 5, 2025, in the City of Delta Conference Room located on the ground floor of City Hall. LATE PROPOSALS WILL NOT BE

ACCEPTED, AND IT IS THE RESPONSIBILITY OF THE RESPONDENT TO ENSURE THAT

PROPOSALS (INCLUDING SIGNED ADDENDA IF ISSUED) ARRIVE BY 11:00 AM ON

SEPTEMBER 5, 2025.

Complete proposal packets can be downloaded from the City webpage at City of Delta RFP.

ADDENDA WILL BE POSTED TO THE WEBSITE, AND IT IS THE BIDDER’S RESPONSIBILITY

TO DOWNLOAD, REVIEW, SIGN, AND INCLUDE ADDENDA WITH THEIR PROPOSAL.

The City reserves the right to amend this IFB by an addendum at any time prior to the date set for receipt of proposals. Addenda will be posted on the City website under the “Bids and RFP” tab at City of Delta RFP.

mailto:joe@cityofdelta.net mailto:lindsay@cityofdelta.net https://www.cityofdelta.net/rfps

The City reserves the right to reject any or all proposals without disclosing the reason, to waive any informalities in the proposals received, and to accept the proposal deemed most advantageous and in the best interest of the City.

SCOPE OF WORK

The City of Delta is currently in the process of implementing a "Fast Track" program in accordance with Proposition 123 requirements. This program will create an expedited review process for affordable housing projects that requires a 90-day timeline from complete application to final decision.

Proposition 123 Requirements

Under Proposition 123, the City has committed to supporting the development of at least 115 new affordable housing units. The statutory requirements for the expedited review process ("Fast Track") include:

Beginning January 1, 2027, expedited review is required for projects with 50% or more affordable housing units, as defined in statute

The 90-calendar-day time frame starts upon submission of a complete application (defined by the local government) and ends with a final decision

A final decision includes either approval or denial, and does not include a recommendation from a recommending body or post-approval steps

The 90-day clock runs continuously for each application; no pauses or resets except as allowed by statute

Each local government has the autonomy to establish local policies and procedures that meet the minimum criteria

A one-time extension request from the developer for up to 90 days may be included Local governments can implement one or more 30-calendar-day extension(s) to work with a developer on addressing comments

The software solution must support this expedited review process by providing tools for tracking timelines, monitoring deadlines, facilitating concurrent reviews, and generating reports for compliance with Proposition 123 requirements.

Current Situation

Currently, the City relies heavily on paper processes, rudimentary permitting software, spreadsheets, and calendar reminders to track development applications. The new software solution must address the following four key priorities identified by the City:

1. User-Friendly Interface: The system must be intuitive and accessible for both staff and external users who may engage with the software infrequently. The interface should minimize training requirements and prevent defaulting to old methods.

2. Functional Workflow Improvements: The system must serve as a project management tool that enhances tracking, improves internal workflows, increases process transparency, and creates a better experience for applicants. The software should allow for customization of workflows to match City-specific processes.

3. System Integration: The software must integrate with the City of Delta and Delta County's

GIS system (high priority), other permitting systems, and archived land use data. The ability to view location-based land management activities through GIS integration is essential.

4. Cost-Effective: Both initial implementation and ongoing maintenance costs must align with the Community Development Department's budget constraints. Vendors should provide detailed cost breakdowns, including licensing, implementation, training, and annual maintenance.

Required Core Functionality

Application Management

Intake and processing of various application types:

o Land use applications (site plans, rezonings, variances, conditional uses, subdivisions, etc.)

o Building permits (building, electrical, mechanical) o Code enforcement cases (preferred for future expansion) o Business and other licenses (preferred for future expansion)

Document management system for digital storage and retrieval of plans, reports, and correspondence

Fee calculation and payment tracking Electronic plan review and markup capabilities

Workflow Management

Customizable workflow creation and management Automatic routing of applications to appropriate staff/departments Ability to track review timelines and deadlines with alerts for approaching due dates Notification system for approaching deadlines Support for concurrent reviews by multiple departments Special tracking and prioritization for Fast Track eligible projects Ability to generate reports on process efficiency and bottlenecks

Public Interface

Web-based portal for applicants to submit and track applications Ability for applicants to upload plans and supporting documents Online fee payment capabilities Status tracking and automated notifications for applicants Communication tools between applicants and city staff Mobile-responsive design for access from various devices Online training tools and resources

Staff Interface

Dashboard for monitoring application status and workload Tools for electronic plan review and markup Inspection scheduling and reporting Mobile capabilities for field staff conducting inspections Reporting and analytics for performance tracking User roles and permissions management

Technical Requirements

Cloud-based or on-premises solution (please specify approach) Security features including user authentication, data encryption, and audit trails Backup and recovery capabilities GIS integration Compatibility with standard browsers and operating systems Data migration capabilities from existing systems API or other integration capabilities with other city systems

Implementation and Support

Comprehensive implementation plan including timeline Data migration strategy from existing systems Training for all city staff users Technical support during and after implementation Documentation and user guides Ongoing maintenance and update services

***END SCOPE OF WORK ***

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions apply to all offers made to the City of Delta (hereafter “City”) by all prospective vendors (hereinafter referred to as “Bidder”) regarding City solicitations, including but not limited to Invitations to Bid, Requests for Proposals, Requests for Quotes, and Requests for Qualifications. The following "Project Special Conditions" shall govern in case of any discrepancies in any or all of the following specifications, and the intent, either expressed or implied in these General Terms and Conditions, shall govern in the interpretation of the plans and specifications.

Contents of Proposal

It is the responsibility of each Bidder before submitting a Proposal to: (a) Examine the Contract Documents thoroughly, (b) Visit the site(s) to become familiar with local conditions that may affect the cost, progress, performance, or furnishing of the Work, (c) Consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work, (d) Study and carefully correlate Bidder's Observations with the Contract Documents, and (e) Notify City Engineer/Project Manager of all conflicts, errors, or discrepancies in the Contract Documents.

Bidders are responsible for confirming and verifying all project lines, grades, dimensions, specifications, plans, and project areas before submitting a proposal.

Complete sets of Proposal Documents must be used in preparing proposals. The Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.

Clarification and Modification of Proposal Solicitation

Interpretations or clarifications considered necessary by the Staff in response to such questions will be issued by Addenda and posted to the City webpage. Questions must be submitted in writing to Joe Gillman, Community Development Manager (joe@cityofdelta.net). Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda may also be issued to modify the Proposal Documents as deemed advisable by the City. The City reserves the right to amend this IFB by an addendum at any time prior to the date set for receipt of proposals. ADDENDA WILL BE POSTED ON THE

CITY WEBSITE UNDER THE NEWS “RFP” TAB AT CITY OF DELTA RFP.

Pricing Collusion and Taxes

All lump sum, alternate, and unit prices must include all required General Conditions line items necessary to complete the Work, including but not limited to the following (as required): all permits, insurance, supervision; layout and survey as needed; equipment and personnel; off-site management and administrative assistance; trash removal/demo material disposal/haul off to a separate dumpster or off-site location; miscellaneous equipment; mobilization; as-built drawings;

fuel, watchmen, flagmen, and site security; scheduling; small tools; drawings and printing expenses, and mailing costs.

mailto:joe@cityofdelta.net

The City is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the work. Said taxes shall not be included in the proposal price.

Preparation and Submission of Proposal

The Proposal Form is included with the Proposal Documents; additional copies may be obtained on the City of Delta website at City of Delta RFP.

Proposals by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

Proposals by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature, and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature.

The proposal shall contain an acknowledgment of receipt of all Addenda, if applicable, on the Proposal Form. The address and telephone number for communications regarding the proposal must be shown.

Proposal Security

All proposal submissions for more than $50,000 shall include proposal security in an amount equal to at least five percent (5%) of the amount of the proposal. Proposal security shall be accompanied by a certified check or proposal bond equal to five percent (5%) of the proposal amount, which shall also be enclosed within a sealed envelope, to be forfeited to the City if a proposal is accepted and the bidder fails to sign a contract within fifteen (15) days of acceptance;

provided, however, that this deadline may be extended by the Purchasing Agent in their discretion. All proposals submitted without the necessary proposal security will be rejected as nonresponsive

Modification of Withdrawal of Legitimate Offers

Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where proposals are to be submitted at any time prior to the Opening of Proposals.

If, within twenty-four (24) hours after Proposals are opened, any Bidder files a duly signed written notice with City and Engineer and promptly thereafter demonstrates to the reasonable satisfaction of City and Engineer that there was a material and substantial mistake in the presentation of its Proposal, that Bidder may withdraw its Proposal.

No Proposals may be withdrawn after the opening of proposals without the consent of the City of Delta for a period of sixty (60) days after the scheduled time of opening of proposals. The successful bidder or bidders will be required to furnish satisfactory performance and payment bonds equal to the full amount of each bid or proposal

Evaluation of Offers and Criteria

City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time, or changes in the work, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Proposals. Also, City reserves the right to reject the Proposal of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Proposal is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

In evaluating Proposals, City will consider the qualifications of the Bidders, whether or not the Proposals comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested herein and/or in the Proposal Form or prior to the Notice of Award.

City will consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations through the request of written documentation of relevant experience with reference to a minimum of three (3) projects of similar scope and size. The statement shall include equipment and manpower available for utilization on the project. City also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

The City reserves the right to reject any or all proposals without disclosing the reason, to waive any information in the proposals received, and to accept the proposal deemed most advantageous and in the best interest of the City. The City will refer to the Evaluation Guide below in evaluating each Bidder. The criteria below will be weighted in the evaluation of the proposals accordingly. Although some of the elements listed below will be weighted more heavily than others, all requirements are considered necessary for evaluation.

City of Delta Request for Proposals Evaluation Guide

Assessment Criteria Weighting Firm A Firm B Firm C Firm D

Understanding of Project Requirements 5

User-Friendliness/ Ease of Adoption 5

Functionality/ Workflow Capabilities 5

GIS/ System Integration Capabilities 5

Implementation/ Training Approach 3

Vendor Experience & References 3

Cost (Initial & Ongoing) 4

Support and Maintenance Services 3

Total points (highest possible – 160)

Award of Contract

When the City gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten business days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds. The City shall deliver one fully signed counterpart to the Contractor after approval by City Council at the next regularly scheduled meeting.

If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by City indicates that the award will be in the best interests of the Project.

Local Contractor Preference

Whenever competitive bidding is required by law for any contract involving materials, services, and/or labor furnished to the City for which appropriation or expenditure may be reasonably expected not to exceed five hundred thousand dollars ($500,000) in the aggregate for any fiscal year, preference shall be given to each qualified local business in the manner more particularly described in this Section.

A qualified local business means an individual or entity that, at the time of submitting a proposal for a contract relating to a City of Delta purchase or work project, maintains a principal place of business located within the City for primary preference or within Delta County for secondary preference. Businesses that maintain satellite offices within the City shall not be considered local for purposes of this definition.

Notwithstanding other provisions of this Chapter, in the course of evaluating bids or proposals pertaining to any contract for the purchase or lease of supplies, materials, equipment, or other personal property, and/or any contract for labor to be performed on a public works project, and/or any professional services contract, the City shall provide the following percentage preferences for local goods and services provided by local vendors when quality, delivery time, and services are judged by the Purchasing Agent to be essentially equal: five percent (5%) primary preference for goods/services in the City and two point five percent (2.5%) secondary preference for goods/services in Delta County.

Each otherwise eligible contract bidder must sufficiently demonstrate ownership of a qualified local business in the related bid proposal documents.

When applying this provision to specific contract settings, the City will continue to give appropriate consideration and weight to all other relevant information and factors customarily used for comparison of proposals in the process of selecting the lowest responsible bidder, including but not limited to the following:

The relative quality of any proposed material items and their conformity with pertinent contract specifications.

The relative benefit to the City of the proposed delivery and discount terms and conditions, and proposed terms of warranty and repair for material items.

The overall experience, qualification, and reputation of the bidder for the performance of a similar contract.

SPECIAL CONDITIONS

A. Contact Person During this request process, from issuance until a recommendation for award, respondents shall not initiate contact related to this request with anyone other than the officially designated individual. The contact for this RFP is Joe Gillman at joe@cityofdelta.net.

B. Question Deadline: August 22, 2025, at 4:00 pm. All questions regarding this RFP are to be emailed to joe@cityofdelta.net. Any questions received after the deadline will not be addressed.

Written responses to questions will be posted on the City webpage via addendum no later than August 26, 2025, at 4:00 pm.

C. Proposal Submission Cut-Off: September 5, 2025, at 11:00 am. All proposals shall be submitted electronically via email to lindsay@cityofdelta.net. The subject line must state “PROPOSAL ENCLOSED – PROJECT MANAGEMENT SOFTWARE”. Do not include any proposal information in the body of the email.

D. The Work to be performed under the Design Contract shall be commenced as per dates in the Notice to Proceed and completed no later than (8) months from the Notice to Proceed.

E. Proposal Requirements Proposals should include, at a minimum, the following information:

Company Profile Company history and background Organizational structure Financial stability information Experience with similar municipal software implementations Experience with expedited review processes for affordable housing

Proposed Solution Detailed description of the software solution Technical specifications Features and functionality relative to RFP requirements Screenshots or demonstration access Implementation approach and timeline Training methodology and resources

Integration Capabilities GIS integration approach Capabilities for integration with other city systems Data migration strategy from existing systems mailto:joe@cityofdelta.net mailto:lindsay@cityofdelta.net

Support and Maintenance Technical support services and availability Maintenance and update procedures Service level agreements User documentation and resources

References Minimum of three references from similar implementations Preferably including Colorado municipalities of similar size Contact information and description of implemented solution

Cost Proposal Software licensing or subscription costs Implementation costs Training costs Ongoing maintenance and support costs Any additional costs (e.g., customization, integration) Payment schedule

Proposals should be clear, concise, and organized according to the sections above. The City may request additional information or clarification during the evaluation process.

Proposals should not exceed 30 pages (excluding appendices). The City may, at its discretion, invite shortlisted vendors to provide demonstrations of their software solutions.

E. Additional Requirements System Security: The proposed solution must include comprehensive security features, including:

User authentication and authorization Data encryption Audit trails Backup and recovery procedures Compliance with relevant data protection regulations

Data Ownership: All data entered into or generated by the system will remain the sole property of the City of Delta. The vendor must provide assurance that the City will have complete access to all data, including the ability to extract and migrate data should the City choose to change systems in the future.

Acceptance Testing: The selected vendor will be required to support a thorough acceptance testing process prior to final system acceptance. This will include testing of all functions and features to ensure they meet the specified requirements. The City Council reserves the right to reject any or all proposals, waive any informalities in proposals, and accept the proposal that is in the best interest of the City of Delta, Colorado.

*** END OF CONDITIONS ***

PROPOSAL FORM

PROJECT IDENTIFICATION: Project Management Software

Proposal Submission Cut-Off: September 5, 2025, at 11:00 am. All proposals shall be submitted electronically via email to lindsay@cityofdelta.net, must be ADA-compliant, and are subject to the Colorado Open Records Act.

Public Proposal Opening: September 5, 2025, at 11:00 am at the City of Delta City Hall, 360 Main Street, Delta, CO 81416.

Name of Vendor: _____________________________________________

Total Proposal Amount: $ _______________________________________

Total Written Proposal Amount: __________________________________

Estimated Start Date: __________________________________________

SUBMITTED on: __________________________________________ 2025

*** END PROPOSAL FORM ***

mailto:lindsay@cityofdelta.net

2975795.2

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is entered into as of this _____ day of ___________________, 2025, by and between CITY OF DELTA, a Colorado home rule municipality (the "City") and_____________________________, a ___________________ (the "Professional")

WITNESSETH

In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows:

1. SCOPE OF PROFESSIONAL SERVICES

Professional agrees to provide services in accordance with the Scope of Professional Services and Fee Schedule attached hereto as Exhibit A and incorporated herein by this reference (the “Services”).

2. TIME OF COMMENCEMENT AND COMPLETION OF SERVICES

The Services to be performed pursuant to this Agreement shall be initiated upon execution of this Agreement and completed with due diligence thereafter. Time is of the essence in this Agreement.

Provided, however, that any payment obligations of the City for fiscal years after the year in which this Agreement is executed is subject to and contingent upon annual budgeting and appropriation by City.

3. PROFESSIONAL RESPONSIBILITY

Professional shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all Services rendered by Professional, and shall, without additional compensation, promptly remedy and correct any errors, omissions or other deficiencies.

Professional represents that it has the special expertise and background necessary to provide the City with the Services listed on Exhibit A, and the City is expressly relying on the technical and professional expertise of Professional.

4. COMPLETION

In consideration of the Services to be performed pursuant to this Agreement, the City agrees to pay Professional in accordance with the Fee Schedule included in Exhibit A, including the not-to-exceed amount, if applicable. Monthly partial payments based upon Professional's billings are permissible. The amounts of all such partial payments shall be based upon Professional's progress in completing the Services. Final payment shall be made following acceptance by the City of the completed scope of work of the Services.

5. CITY REPRESENTATIVE

The City hereby designates Joe Gillman as its representative and authorizes them to make all necessary and proper decisions with reference to this Agreement. All requests for contract interpretations, changes, clarifications, or instructions shall be directed to the City representative.

6. INDEPENDENT CONTRACTOR STATUS

Professional and any persons employed or retained by Professional for the performance of Services hereunder shall be independent contractors and not agents or employees of the City.

Any provisions in this Agreement that may appear to give the City the right to direct Professional as to details of doing work or to exercise a measure of control over the work mean that Professional shall follow the direction of the City as to end results of the work only.

A. Professional is providing Services independently and, therefore, is not an employee, partner, or joint venturer with the City, and neither party has the authority to bind the other in any respect. Professional warrants to the City that Professional understands the difference in status between an independent contractor and an employee, and Professional acknowledges and stipulates that Professional is neither eligible nor entitled to statutory or legal benefits or provisions of labor codes or other such similar statutes. The parties further agree that the City shall not withhold from Professional unemployment insurance, social security, taxes or any other withholdings. Professional agrees to be responsible for all such payments required by law.

B. Taxes. Professional acknowledges and agrees to report all payments received from the City on its federal and state income tax returns and is obligated to pay any and all resulting federal and state income tax obligations. Professional will indemnify the City for any such payments required but not paid.

C. No Insurance or Benefits. Professional acknowledges and agrees that it is not covered by any of the City's insurance, including the City’s workers' compensation coverage, and is not entitled to any benefits otherwise provided to the City's employees, including vacation pay, sick leave, retirement benefits, social security, disability benefits, employee health benefits of any kind, and workers' compensation benefits. During the Term of this Agreement, Professional will carry any insurance required by law, including, without limitation, professional liability insurance and general liability insurance.

7. PERSONAL SERVICES

It is understood that the City enters into this Agreement based on the special abilities of Professional and that this Agreement shall be considered as an agreement for personal services.

Accordingly, Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City.

8. ACCEPTANCE NOT WAIVER

The City's approval of drawings, designs, plans, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve Professional of responsibility for the technical accuracy of the Services. The City's approval or acceptance of, or payment for, any Services shall not be construed or operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

9. DEFAULT

Each and every term and condition shall be deemed to be a material element of this Agreement.

In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof by written notice from the other party.

10. REMEDIES

In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the non-defaulting party may elect to (a) terminate the Agreement and seek damages;

(b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. In the event Professional fails or neglects to carry out the Services in accordance with this Agreement, the City may elect to make good such deficiencies and charge Professional therefor.

11. TERMINATION BY THE CITY

The City may terminate this contract at any time for its convenience. Professional shall be paid pro rata for Services completed to the date of termination pursuant to Exhibit A.

12. LIMITATION ON DAMAGES

The partes agree that Professional’s remedies for any claims asserted against the City shall be limited to proven direct damages in an amount not to exceed amounts due under this Agreement and that the City shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits.

13. INSURANCE

Professional agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Professional under this Agreement in accordance with this Section 13. Such insurance shall be in addition to any other insurance requirements imposed by this Agreement or by law. Professional shall not be relieved of any liability, claims, demands, or other obligations assumed in this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.

Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by Professional pursuant to this Section 13. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

A. Workers’ Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this Agreement, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. Regardless of the limitations set forth herein, such insurance shall at a minimum meet the required limits under Colorado law.

B. Commercial General Liability insurance with a minimum combined single limits of ONE MILLION ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS ($1,195,000) aggregate for each occurrence (FOUR HUNDRED TWENTY-FOUR THOUSAND DOLLARS, $424,000, per injured person), but in no event shall the policy reflect amounts less than those set forth in the Colorado Governmental Immunity Act (“CGIA”), C.R.S. § 24-10-114, as may be adjusted from time to time. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision.

C. Comprehensive Automobile Liability insurance with a minimum combined single limits for bodily injury and property damage of not less than FIVE HUNDRED THOUSAND ($500,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of Professional's owned, hired, and non-owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. If Professional has no owned automobiles, the requirements of this Paragraph (C) shall be met by each employee of the Professional providing Services to the City under this Agreement.

D. Errors and Omissions insurance in the amount of $500,000 per claim, as applicable.

The policy required by Paragraph (B) above shall be endorsed to include the City and its officers and employees as additional insureds. Every policy required above shall be primary insurance and any insurance carried by the City, its officers, or its employees, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to any policy shall contain any exclusion for bodily injury or property damage arising from completed operations. Professional shall be solely responsible for any deductible losses under any policy required above.

The certificate of insurance required by the City shall be completed by Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the Agreement. No other form of certificate shall be used. The certificate shall identify this Agreement and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days’ prior written notice has been given to the City. The completed certificate of insurance shall be sent to the City.

Failure on the part of Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the City may immediately terminate this Agreement, or at its discretion the City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by

Professional to the City upon demand, or the City may offset the cost of the premiums against any monies due to Professional from the City. The City reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

The parties hereto understand and agree that the City is relying on, and does not waive or intend to waive by any provision of this agreement, the monetary limitations and any other rights, immunities, or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., or otherwise available to the City, its officers, or its employees.

14. INDEMNIFICATION

Professional agrees to indemnify and hold harmless the City, its officers, employees, and insurers, from and against all liability, claims, and demands, including costs of defense and attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the omission, error, professional error, mistake, or negligence, of Professional, any subcontractor of Professional, or any officer, employee, representative, or agent of Professional or of any subcontractor of Professional, or which arise out of any workers’ compensation claim of any employee of Professional or of any employee of any subcontractor of Professional, except to the extent caused by the negligent acts or omissions of the City, its officers or employees. This indemnification provision shall survive the completion of the Services and the satisfaction, expiration, or termination of this Agreement.

15. OPEN RECORDS

The City and its duly authorized representatives shall have access to any books, documents, papers, and records of Professional and its subcontractors that are related to this Agreement for the purpose of making audit, examination, excerpts, and transcriptions.

The City is subject to and bound by the Colorado Open Records Act, C.R.S. § 24-72-101, et seq.

Any and all documents Professional prepares pursuant to this Agreement may be subject to production and/or reproduction pursuant to those statutes, irrespective of any copyrights held by Professional. Professional hereby waives any claims of any kind whatsoever against the City for the City’s compliance or attempted compliance with the provisions of the Open Records Act.

16. APPROPRIATION

No provision of this Agreement shall be construed or interpreted: i) to directly or indirectly obligate the City to make any payment in any year in excess of amounts appropriated for such year; ii) as creating a debt or multiple fiscal year direct or indirect debt or other financial obligation whatsoever within the meaning of Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision; or

iii) as a donation or grant by the City to or in aid of any person, company or corporation under applicable Colorado law.

17. NOTICE

Any notices required or permitted under this Agreement shall be in writing and shall be deemed given when personally delivered or, if mailed, three (3) days after being deposited in the United States certified mail, postage prepaid, return receipt requested, and addressed as follows. Either party may change the address to which notices should be delivered by providing notice in accordance with this Section.

TO CITY: City of Delta

360 Main Street Delta, Colorado 81416 Attn: Joe Gillman Email: joe@cityofdelta.net

TO PROFESSIONAL: _____________________________

Email: _______________________

18. GOVERNING LAW; VENUE

This Agreement is being executed and is to be performed in the State of Colorado and shall be enforced and construed according to the laws of the State of Colorado. Venue for any dispute arising out of this Agreement shall be in the District Court for Delta County, Colorado.

19. ATTORNEY FEES

Should this Agreement become the subject of legal action to resolve a claim of default in performance by any party, including the collection of past due amounts, the non-prevailing party shall pay the prevailing party’s reasonable attorneys’ fees, expenses, and court costs. All rights concerning remedies and/or attorneys’ fees shall survive any termination of this Agreement.

20. SEVERABILITY

In the event any part of this Agreement is found to be void, illegal, invalid or unenforceable under present or future laws, then, in such event, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though such part was deleted and shall be construed to effectuate, as nearly as possible, the original intentions of the parties based upon the entire contract, including the invalidated provision.

21. REPRESENTATION

Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof.

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

CITY OF DELTA, COLORADO PROFESSIONAL

By: _________________________ By: _________________________ Name: Name:

Title: Title:

ATTEST:

City Clerk

EXHIBIT A

Scope of Professional Services and Fee Schedule

The City of Delta is currently in the process of implementing a "Fast Track" program in accordance with Proposition 123 requirements. This program will create an expedited review process for affordable housing projects that requires a 90-day timeline from complete application to final decision.

Proposition 123 Requirements

Under Proposition 123, the City has committed to supporting the development of at least 115 new affordable housing units. The statutory requirements for the expedited review process ("Fast Track") include:

Beginning January 1, 2027, expedited review is required for projects with 50% or more affordable housing units, as defined in statute

The 90-calendar-day time frame starts upon submission of a complete application (defined by the local government) and ends with a final decision

A final decision includes either approval or denial, and does not include a recommendation from a recommending body or post-approval steps

The 90-day clock runs continuously for each application; no pauses or resets except as allowed by statute

Each local government has the autonomy to establish local policies and procedures that meet the minimum criteria

A one-time extension request from the developer for up to 90 days may be included Local governments can implement one or more 30-calendar-day extension(s) to work with a developer on addressing comments

The software solution must support this expedited review process by providing tools for tracking timelines, monitoring deadlines, facilitating concurrent reviews, and generating reports for compliance with Proposition 123 requirements.

Current Situation

Currently, the City relies heavily on paper processes, rudimentary permitting software, spreadsheets, and calendar reminders to track development applications. The new software solution must address the following four key priorities identified by the City:

1. User-Friendly Interface: The system must be intuitive and accessible for both staff and external users who may engage with the software infrequently. The interface should minimize training requirements and prevent defaulting to old methods.

2. Functional Workflow Improvements: The system must serve as a project management tool that enhances tracking, improves internal workflows, increases process transparency, and creates a better experience for applicants. The software should allow for customization of workflows to match City-specific processes.

3. System Integration: The software must integrate with the City of Delta and Delta County's GIS system (high priority), other permitting systems, and archived land use data. The ability to view location-based land management activities through GIS integration is essential.

4. Cost-Effective: Both initial implementation and ongoing maintenance costs must align with the Community Development Department's budget constraints. Vendors should provide detailed cost breakdowns, including licensing, implementation, training, and annual maintenance.

Required Core Functionality

Application Management

Intake and processing of various application types:

o Land use applications (site plans, rezonings, variances, conditional uses, subdivisions, etc.)

o Building permits (building, electrical, mechanical) o Code enforcement cases (preferred for future expansion) o Business and other licenses (preferred for future expansion)

Document management system for digital storage and retrieval of plans, reports, and correspondence

Fee calculation and payment tracking Electronic plan review and markup capabilities

Workflow Management

Customizable workflow creation and management Automatic routing of applications to appropriate staff/departments Ability to track review timelines and deadlines with alerts for approaching due dates Notification system for approaching deadlines Support for concurrent reviews by multiple departments Special tracking and prioritization for Fast Track eligible projects Ability to generate reports on process efficiency and bottlenecks

Public Interface

Web-based portal for applicants to submit and track applications Ability for applicants to upload plans and supporting documents Online fee payment capabilities Status tracking and automated notifications for applicants

Communication tools between applicants and city staff Mobile-responsive design for access from various devices Online training tools and resources

Staff Interface

Dashboard for monitoring application status and workload Tools for electronic plan review and markup Inspection scheduling and reporting Mobile capabilities for field staff conducting inspections Reporting and analytics for performance tracking User roles and permissions management

Technical Requirements

Cloud-based or on-premises solution (please specify approach) Security features including user authentication, data encryption, and audit trails Backup and recovery capabilities GIS integration Compatibility with standard browsers and operating systems Data migration capabilities from existing systems API or other integration capabilities with other city systems

Implementation and Support

Comprehensive implementation plan including timeline Data migration strategy from existing systems Training for all city staff users Technical support during and after implementation Documentation and user guides Ongoing maintenance and update services lindsay.reed Inserted Text Project managment