RFP 10145 Recreation Capital Improvement Program and Asset Management Plan.pdf

RFP 10145 Recreation Capital Improvement Program and Asset Management Plan Page 1 of 28

REQUEST FOR PROPOSAL

10145 RECREATION CAPITAL IMPROVEMENT AND ASSET MANAGEMENT PLAN

RFP DUE: 3:00 PM MT (Mountain Time), May 8, 2025.

The City of Fort Collins is requesting proposals from qualified Professionals to provide a capital improvement program and asset management / replacement plan.

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 Aaron Harris, Project Manager, at AHarris@fcgov.com , no later than 3:00 PM MT on April 18, 2025. Please format your e-mail to include: RFP 10145 RECREATION CAPITAL IMPROVEMENT AND ASSET

MANAGEMENT/REPLACEMENT PLAN

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):

91800 Consulting Services 91814 Appraisals Consulting 91815 Architectural Consulting 91819 Buildings, Structures, and Components Consulting 91832 Consulting Services (Not Otherwise Classified)

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

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

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

The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been

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:AHarris@fcgov.com

RFP 10145 Recreation Capital Improvement Program and Asset Management Plan Page 2 of 28 discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

The City requires its Professionals 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 Professionals 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. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals 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, Professionals 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.

Professionals Registration: The City requires new Professionals receiving awards from the City to submit IRS form W-9 and requires all Professionals 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.

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 http://www.fcgov.com/purchasing

RFP 10145 Recreation Capital Improvement Program and Asset Management Plan Page 3 of 28 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 Professional 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 Professionals to provide a capital improvement program and asset management / replacement plan.

The Professional for this project will create an asset management program and infrastructure replacement plan that guides the Recreation Department in identifying assets and where in the lifecycle the assets currently exist, that helps the Department to decide which items to prioritize with asset management / infrastructure replacement funds.

The plan shall either create or implement a digital software tool or database that allows for real-time analysis of asset management and infrastructure needing replacement. The Professional will work closely with City Staff to develop a plan that enables the City’s Recreation Department to address current needs and remain adaptable to future asset management and infrastructure replacement needs.

As part of the project firms are expected to submit pricing for each task so the City staff can evaluate and compare the cost between all proposals to assess if the firm understands the scope of the task.

II. SCOPE OF PROPOSAL

A. Scope of Work Task 1 – Identify Capital Assets and Infrastructure in Recreation Facilities Conduct a thorough inventory and assessment of existing recreation facilities, community centers, sports fields, aquatic centers, farm, and other related assets and infrastructure. Work with the City to establish a minimum value of items for inventory and then conduct a thorough assessment which identifies components and their key life-cycle attributes such as age and material, including but not limited to identifying all assets valued at or above the value threshold. From this inventory, identify a condition index which measures each component based on its expected stage in the life-cycle. Capital infrastructure, age of existing assets/infrastructure, the life expectancy for each item, estimated replacement cost in current dollars, and alternatives that meet City of Fort Collins goals and strategic (e.g., climate action goals) shall be considered.

(Note: The recreation building structures (building shell) along with mechanical, electrical and plumbing items are already tracked by our Operations Services department.)

Task 2 – Identify Budgetary Costs for Replacement of Infrastructure Include cost(s) to replace all of the items identified in the plan to current City building standards (e.g., electrification). Soft cost multipliers for current building standards should be considered. Costs to be broken down by major categories that clearly identify the component type and condition index.

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Task 3 – Establish Evaluation Formula Develop and finalize criteria and weight values for prioritizing and ranking municipal asset and infrastructure assets, incorporating City personnel input and feedback, and ensuring all projects are comparable across asset types. Coordinate with the City to confirm the Formula, adjust based on feedback, and establish a preliminary priority ranking for review. Utilization or adaptation of existing Parks Asset Evaluation (attached). Score criteria is desired but not required.

Task 4 – Infrastructure Prioritization Database Create either a database or implement a software program that tracks all asset management and infrastructure items and adjusts remaining lifespan, ongoing maintenance costs, and cost of replacement that adjusts over time with inflationary figures.

This database or software should investigate and determine if existing City of Fort Collins asset management software options in other departments or service areas would work with Recreation Department needs or if another software best fits the needs for this program. The selected database or software should be able to incorporate existing Parks Department Infrastructure Replacement Program information into one source. The database or software should also consider information and gaps in the City of Fort Collins recent ADA Transition Plan and Operation Services facility analysis. The software or database recommendation package will need to meet City of Fort Collins Technology Review Board (TRB) requirements. Provide examples of the software or database solution in use in similarly sized municipal organizations.

Task 5 – Identify Ownership of All Infrastructure The City of Fort Collins operates in a decentralized asset and infrastructure ownership and maintenance model. This model has ownership, responsibility, and maintenance costs of various infrastructure belonging to either the City Operational Services Department or the Recreation Department. It may be necessary to determine what infrastructure items are splitting the expenses on items and the percentage of ownership split should be defined. Upon identifying all infrastructure items this task will identify ownership of all items and create an ownership framework for future additions to the infrastructure inventory.

Task 6 – Identify Staffing Model for Project Management Create and recommend a staffing model for asset management and infrastructure replacement for the Recreation Department. Tasks would include asset procurement, planning and scheduling infrastructure work, and maintaining an updated list of assets.

This task will include creating guidelines for how future assessments are completed.

B. Deliverables/Milestones

• A formal report and presentation of the work product with clear demonstration that it has fulfilled all the elements contained in the agreed upon scope of work.

• Ten (10) hard copies of the final formal report and one electronic copy in original software format.

• All background information, minutes of meetings, survey summaries and analyses, etc.

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C. Minimum Requirements Willingness to meet and present to City of Fort Collins Recreation staff and leadership.

D. 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: April 11, 2025

• Question deadline: 3:00 PM MT on April 18, 2025

• Final Addendum Issued: April 23, 2025

• Proposal due date: 3:00 PM MT on May 8, 2025

• Interviews (tentative): Week of May 26, 2025

• Award of Contract (tentative): Week of June 9, 2025

E. Interviews In addition to submitting a written proposal, the top-rated Professionals 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.

F. Travel & Expenses Subject to the terms of the applicable Work Order, reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Professional will be required to provide original receipts to the City for all travel expenses.

G. Subcontractors/Subconsultants Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Professional; therefore, subcontractors and/or subconsultants will be the responsibility of the Professional.

H. 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.

I. Fees, Licenses, Permits The successful Professional shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be http://www.gsa.gov/

RFP 10145 Recreation Capital Improvement Program and Asset Management Plan Page 7 of 28 properly licensed and insured, carry the appropriate permits and be placarded as required by law.

J. Laws and Regulations The Professional 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).

K. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional each month following the submittal of a correct invoice by the Professional indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report.

Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Professional and the City will negotiate an appropriate unit price for the service prior to the /Professional 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 Acknowlegement 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.

Professionals 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 Professionals 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 Professionals 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 mailto:invoices@fcgov.com

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1. Describe the Professional’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.

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 Professional.

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.

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.

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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 Professional 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 Professional from its competition and any additional information applicable to this RFP that might be valuable in assessing Professional’s proposal.

E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values.

Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score.

1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm.

2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Professional.

Some examples are provided below:

a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction.

b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities.

c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement.

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F. Cost and Work Hours In your response to this proposal, please provide the following:

1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc.

2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.

Provide a total not to exceed cost for the Scope of Proposal. Price all additional services/deliverables separately.

3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for subconsultants/subcontractors, if used, shall be included.

4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Reasonable expenses may be reimbursable as per the current rates found at www.gsa.gov. Service Provider/Consultant will be required to provide original receipts to the City for all travel expenses.

G. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Professional. The Professional 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.

H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Professional 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 Professionals 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 Professionals 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.

http://www.gsa.gov/

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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?

1.0 Sustainability/TBL

Methodology

Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures?

Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures?

3.0 Cost & Work Hours

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

Are the work hours presented reasonable for the effort required by each project task or phase?

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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.

Professional 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 10145 RECREATION CAPITAL IMPROVEMENT AND ASSET MANAGEMENT PLAN and sample Agreement except as otherwise noted.

Additionally, Professional 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

Professional’s knowledge and belief.

b. Professional 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. Professional further agrees that the method of award is acceptable.

e. Professional 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. Professional acknowledges receipt of addenda.

g. Professional acknowledges no conflict of interest.

h. Professional 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. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals 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, Professional 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

Professional Services Agreement RFP 10145 Recreation Capital Improvement Program and Asset Management Plan

VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )

PROFESSIONAL SERVICES AGREEMENT

THIS PROFESSIONAL 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] (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 Service. The PROFESSIONAL agrees to provide Services in accordance with the Scope of Services (Services) attached as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references in to named third parties in this AGREEMENT and its Exhibits, the PROFESSIONAL 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. 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 PROFESSIONAL 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 PROFESSIONAL.

In the event of early termination by the CITY, the PROFESSIONAL shall be paid for Services rendered up to the date of termination, subject to the satisfactory performance of the PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall submit a final invoice within ten (10) calendar days of the effective date of termination. Payment shall be the PROFESSIONAL's sole right and remedy for termination.

Professional Services Agreement RFP 10145 Recreation Capital Improvement Program and Asset Management Plan

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:

PROFESSIONAL: 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 PROFESSIONAL [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. 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 PROFESSIONAL's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the PROFESSIONAL's CITY-verified progress in completing the Services to be performed pursuant hereto and upon the CITY's approval of the PROFESSIONAL's actual reimbursable expenses. Final payment shall be made following acceptance of the Services by the CITY.

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

The cost of the work completed shall be paid to the PROFESSIONAL following the submittal of a correct itemized invoice by the PROFESSIONAL. 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 PROFESSIONAL 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 PROFESSIONAL, and the Project Instruments as defined in the Project Instruments and License section below. The PROFESSIONAL shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards.

9. Indemnification. The PROFESSIONAL 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 PROFESSIONAL or third parties against the CITY arising out of mailto:purchasing@fcgov.com mailto:invoices@fcgov.com

Professional Services Agreement RFP 10145 Recreation Capital Improvement Program and Asset Management Plan 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 PROFESSIONAL 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 PROFESSIONAL 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 PROFESSIONAL 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 PROFESSIONAL shall become the CITY’s property. The PROFESSIONAL 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 shall make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this AGREEMENT. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the CITY Project Manager.

Professional Services Agreement RFP 10145 Recreation Capital Improvement Program and Asset Management Plan

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 PROFESSIONAL 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 the PROFESSIONAL's compensation hereunder or any other amounts on behalf of PROFESSIONAL for the payment of FICA, Workers' Compensation, unemployment insurance, other taxes or benefits or for any other purpose.

16. Personal Services. It is understood that the CITY enters into this AGREEMENT based on the special abilities of the PROFESSIONAL and that this AGREEMENT shall be considered as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL shall neither assign any responsibilities nor delegate any duties arising under this AGREEMENT without the prior written consent of the CITY.

17. Subcontractors/Subconsultants. The PROFESSIONAL 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 is subcontracted hereunder, with the consent of the CITY, then the following provisions shall apply:

a. the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work;

b. the subcontractor will be required to comply with all applicable terms of this

AGREEMENT;

c. the subcontract will not create any contractual relationship between any such subcontractor and the CITY, nor will it obligate the CITY to pay or see to the payment of any subcontractor; and

d. the work of the subcontractor will be subject to inspection by the CITY to the same extent as the work of the PROFESSIONAL.

The PROFESSIONAL shall require all subcontractor/subconsultants performing Services hereunder to maintain insurance coverage naming the CITY as an additional insured under this AGREEMENT and Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. The PROFESSIONAL shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the PROFESSIONAL shall promptly provide the CITY with a copy of the certificate(s).

Professional Services Agreement RFP 10145 Recreation Capital Improvement Program and Asset Management Plan

The PROFESSIONAL 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 PROFESSIONAL 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. 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 to or refuse to perform according to the terms of this AGREEMENT, that party may be declared in default upon notice.

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

a. terminate the AGREEMENT and seek damages;

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

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

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

21. 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 the 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 regarding the matter recited herein, 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 that party to the terms of this AGREEMENT.

22. 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

Professional Services Agreement RFP 10145 Recreation Capital Improvement Program and Asset Management Plan will be 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.

23. 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 PROFESSIONAL. Use by any other Agency shall not have a negative impact on the CITY in the current term or in any future terms.

Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the CITY in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established solely between the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder is subject to the PROFESSIONAL’s commitment that this authorization shall not have a negative impact on the Services to be completed for the CITY.

24. Prohibition Against Unlawful Discrimination. The PROFESSIONAL acknowledges that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

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

The PROFESSIONAL shall…