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HomeMy WebLinkAboutRFP - 9901 PARKS STRATEGIC TRAILS PLANRFP 9901 PARKS STRATEGIC TRAILS PLAN Page 1 of 30 REQUEST FOR PROPOSAL RFP #9901 CITY OF FORT COLLINS PARKS STRATEGIC TRAILS PLAN RFP DUE: 3:00 PM MT (Mountain Time), 12/1/2023 The City of Fort Collins (City) is seeking proposals from qualified Service Providers with national expertise in paved trail planning to update the City’s 2013 Paved Recreational Trail Master Plan, which shall be referred to as the Strategic Trails Plan (STP). The awarded Service Provider will develop an updated, comprehensive plan with specific elements that will provide direction for the City’s paved trail network and program. 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 Dennis Ralph, Senior Buyer at dralph@fcgov.com, with a copy to Dave Kemp, Project Manager, at dakemp@fcgov.com, no later than 3:00 PM MT on November 10,2023. Please format your e-mail to include RFP 9901 PARKS STRATEGIC TRAILS 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): 90657 Land Development and Planning – Architectural 90664 Planning, Urban (Community, Regional, Area wide, and State) 90666 Planning, Site (Installation and Project) 91226 Construction, Hike and Bike Trail 91252 Maintenance and Repair, Hike and Bike Trails 91890 Strategic Technology Planning and Consulting Services 91892 Urban Planning Consulting 92561 Land Development and Planning/Engineering 92672 Planning and Advisory Services, Environmental 95296 Urban and Regional Development Services Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 2 of 30 The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party Service Providers and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. 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. Service Providers Registration: The City requires new Service Providers/ Professionals receiving awards from the City to submit IRS form W-9 and requires all Service Providers/ 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 item of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 3 of 30 Collusive or Sham Proposals: Any proposal deemed to be collusive, or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Service Provider shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 4 of 30 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins (City) is seeking proposals from qualified Service Providers with national expertise in paved trail planning to update the City’s 2013 Paved Recreational Trail Master Plan, which shall be referred to as the Strategic Trails Plan (STP). The awarded Service Provider will develop an updated, comprehensive plan with specific elements that will provide direction for the City’s paved trail network and program. The Service Provider will work closely with City staff and the community to inform, review, and prepare the STP. The City is interested in completing the STP by the end of calendar year 2024 with City Council adoption in 1st quarter 2025. B. Community Background Fort Collins is a vibrant community of approximately 174,000 located 60 miles north of Denver. Home to Colorado State University and an educated workforce, Fort Collins is an important center for employment, diversity, human services, and shopping in fast- growing Northern Colorado. The community is often recognized for its quality of life, innovation, municipal services, and its commitment to environmental protection and sustainability. Fort Collins is nestled against the foothills of the Rocky Mountains and alongside the banks of the Cache La Poudre River and is the ancestral home of Arapaho, Ute, and Cheyenne peoples and is still an important place for the urban Native American community. The City includes many assets and amenities, including: abundant natural resources and agricultural land, a historic downtown, and 45+ miles of paved trails with over 2,500,000 trips per year. The trail system connects numerous neighborhoods, parks, schools, workplaces, and other activity centers throughout the City. Bounded by the Rocky Mountains, a growth management area, and growing communities on all sides, the buildout of Fort Collins is in sight. C. Context of the STP within City Policy The City’s most recent Paved Recreational Trails Master Plan was completed in 2013.The City of Fort Collins recently completed an update to City Plan, a 20+ year visioning document, of which this project should align and compliment. Additionally, the 2021 Re-Create Parks and Recreation Plan, Natural Areas Master Plan (update in progress), 2022 Active Modes Plan, and Our Climate Future Plan should also be reviewed and referenced demonstrating alignment within the proposal, where applicable. II. SCOPE OF PROPOSAL The STP will provide a path forward to plan, design, prioritize, fund, implement, maintain, and preserve the recreational paved trail system. The STP will develop and utilize customized outreach strategies to reach not just the larger City of Fort Collins community, but also historically underrepresented populations. The intent of this specialized outreach is to identify ways in which the paved trail system may support an improved quality of life and ensure trail accessibility to underrepresented communities in an effective manner. Characteristics of underserved communities may include culturally diverse and multilingual individuals, as well as individuals with mobility challenges. RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 5 of 30 The STP includes a paved trail network that is managed by the City of Fort Collins Parks Department. The Mason Trail is managed by the Streets Department and is not included in the STP project scope. The City also provides many miles of natural surface trails and additional paved surface trails, which are managed through the Natural Areas Department. While the STP addresses hard surface trails, it will identify the nexus between soft surface and hard surface trails to identify the broader network between significant origins and destinations while also taking into consideration the recommended pedestrian and bicycle transportation facilities that offer low-traffic stress transportation options for community members. The paved trail system is a foundational element (or core component) of the broader recreation and transportation network. A. Scope of Work (Tasks & Deliverables) PLAN LEADERSHIP Project Management Team – With the Service Provider, a core team of staff representing several City departments will serve as the Project Management Team (PMT). Departments include Parks (Maintenance), Equity & Inclusion Office, Natural Areas, Transportation Planning (FC Moves), Transportation Engineering, Communications, and Park Planning & Development. Monthly PMT meetings, facilitated by the Service Provider, will oversee the development and process details for the STP. Community Working Group – Staff envision the formation of a community working group to help inform the plan based on information review and the co-development of plan recommendations. The community working group, identified by staff, will serve as a high-level advisory body to vet and champion the plan process and outcomes with diverse and inclusive community representation. Community working group meetings (3- 4) will be facilitated by the Service Provider. • Community Engagement – Based on the principles of the International Association of Public Participation’s engagement spectrum (IAP2), the Service Provider will co-develop and co-lead a community engagement plan that is consistent with the City’s community engagement strategies. o Please draft a high-level community engagement plan based on the schedule below (section B.), including four public meetings and 5-7 focused neighborhood/stakeholder meeting, including touchpoints with boards and City Council.  Include innovative tactics that will be used to reach diverse community stakeholders with an emphasis on creating culturally appropriate and sensitive materials and a communication approach to connect with, and garner input from underrepresented community members.  All web-based plan engagement will be housed on the City’s “Our City” webpage and coordinated through the Parks & Recreation Communication Team liaison. • Existing Conditions and Plan Congruence – The Service Provider will conduct a paved trail network inventory and will differentiate City trails or trail spurs from private trails and spurs while identifying maintenance responsibilities. o The Service Provider will map information such as wayside gathering areas, parking areas/trailheads, fix-it stations, kiosks, and wayfinding signs. RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 6 of 30 o A maintenance audit will be conducted on the existing City-maintained trail system to identify pavement conditions, which will be used to prioritize future maintenance projects as part of the Infrastructure Replacement Program (IRP). o The Service Provider will reconcile and summarize completed and incomplete recommendations and projects identified in the 2013 Paved Recreational Trails Master Plan, including trail maintenance recommendations from Appendix A of the plan. o The Service Provider will reconcile the project scope of the STP with recommendations from the Re-Create Parks and Recreation Master Plan (page 230). o The Service Provider will ensure the scope of the STP and outcomes align with recommendations from other supporting plans, such as, the Active Modes Plan, Natural Areas Master Plan, Utilities, Stormwater, Our Climate Future, City Plan, and applicable Subarea Plans. • Trail Gap and Future Trail Analysis – The Service Provider will perform a trail analysis to examine and provide recommendations in the following areas: o Identify existing gaps in trail connectivity throughout Fort Collins. o Review proposed (future) projects and determine feasibility and relevance of trail alignments (since 2013). o Level of Service Analysis to:  Understand current trail accessibility in quadrants of Fort Collins and identify areas of opportunity to improve accessibility, while providing a special focus on traditionally underserved communities.  Review and update population-based standard as identified in the Re- Create Parks and Recreation Master Plan (page 187). o Identify new opportunities to connect the trail system with key origins and destinations, including:  Connections to neighborhoods, parks, recreation facilities, schools (Safe Routes to School), and businesses.  Connections to the on-street bicycle and pedestrian network  Connections to and through Natural Areas, including the development of an agreed upon strategy to address wildlife habitat considerations and to improve overall coordination efforts between Park Planning and Natural Areas for existing and future trails.  Connections to surrounding communities through the development of regional trails in support of the North Front Range Metropolitan Planning Organization’s Regional Active Transportation Corridors. Key areas of focus include West, Northeast and Southeast Fort Collins. • Funding and Implementation Strategy – The Service Provider will review current trail planning, design, and construction funding mechanisms and identify new, creative strategies to expedite the buildout of the trail system, as well as provide recommendations for optimal staffing levels to support the Parks’ trail program, and o The Service Provider will prepare a trails capital and infrastructure replacement program that prioritizes and provides cost estimates for these future trail capital and maintenance projects. RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 7 of 30 o The Service Provider will explore with staff the possibility to incorporate trail and underpass construction into the City’s existing Transportation Capital Expansion Fund (TCEF) or create a similar funding mechanism. • Trail Design and Construction Standards, Plus Amenities – The Service Provider will review existing trail design and construction standards and provide recommendations to ensure trail design standards and associated amenities are contemporary, relevant, and meet the future needs of Fort Collins’ growing population, to include the following elements: o Standard Set of Details – Develop cross sections for trail archetypes, such as side paths, regional trails, trail spurs, and underpasses. o At-Grade Crossings – Develop design standards for trail intersection and at- grade crossing treatments while recognizing different trail scenarios, such as, adjacency to streets (side paths) or trails through open space. o Grade Separated Crossings – Generate the policy base to identify and prioritize grade separated crossings; including the development of an agreed upon cost share strategy between Parks, Transportation Planning, Engineering and FC Moves. The plan will provide recommendations for updating the City’s Grade Separated Crossings guidelines and Bicycle and Pedestrian Grade Separated Crossing Prioritization Study. o Trail Experience – Identify trail designs that offer varied and interesting recreational experiences for trail users.  Provide strategies to implement universal wayfinding along and to the trail system that is consistent with the City’s 2015 Bicycle Wayfinding Plan.  Provide place-making strategies to strengthen the unique character of specific trails or segments of trails and include amenities such as, water and shade.  Identify opportunities to strengthen and support trail related access and amenities in local parks.  Identify potential opportunities along trail corridors to include elements of bike parks, such as, pump tracks, rock gardens, jump lines, and skills courses. • Irrigation Ditch Compatibility – The Service Provider will investigate the opportunity to pair trails with existing irrigation ditch alignments and easements. Service Provider will explore and provide the City with an understanding of trail compatibility including partnership availability, restrictions and or potential concerns and challenges, such as liability. The City seeks solutions or examples from other cities where partnerships exist between municipalities and irrigation ditch companies, or where restrictions have been lessened, and possible concerns have been alleviated through trail design and/or indemnification. • Safety & Accessibility – The Service Provider will review the City’s current safety outreach practices and ordinances specific to multi-use path operations and provide recommendations to improve the status quo. Recommendations should include a comprehensive strategy (policy and programmatic) to achieve a culture of safety among RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 8 of 30 trail users while also conforming to Americans With Disabilities Act and/or Architectural Barriers Act standards, aligning with the City’s Vision Zero policy, and incorporating the use of e-bikes and other forms of electric mobility. The Service Provider will also identify critical locations along the trail system where lighting can be added to improve personal security concerns, areas such as, underpasses, urban areas, and key intersections. • Development Review – The Service Provider will review and compare to peer cities, Fort Collins’ current land use code pertinent to the development of paved trails in new developments. Service Provider will provide recommended land use code changes relative to City and/or developer requirements for trail easement, construction, maintenance, trail connections, and cost/share scenarios. • Plan Production – Consistent with City brand guidelines, produce an illustrative initial draft and final comprehensive STP with standalone executive summary detailing the purpose, scope, existing conditions, community engagement strategies and outcomes, trail analysis findings and overall recommendations. The plan should be produced in a manner that is public facing and should conform to ADA requirements in terms of readability and accessible graphics. The Service Provider will coordinate with City services for Spanish translation of meeting notifications and all published materials. B. Plan Milestones 1st Quarter 2024 (Jan - Feb) Plan kick-off – Review scope of work – develop goals, objectives, milestones (PMT) (Jan) Conduct existing conditions & plan congruence (Service Provider) (Jan) Form community working group (PPD) (Feb) Vet project scope, goals, objectives with community working group (Mar) Pn’R & Active Modes Boards check-in on project scope/process (Mar) Council Check-in on project scope/process 2nd Quarter 2024 (Apr – June) Community Working Group – 4-6 meetings (site visits, review existing conditions & explore areas of plan emphasis) (Apr – June) – Conduct technical Analysis (Service Provider) (May) – Prepare material and launch comm tactics for engagement phase (June) - Public meetings (2) 3rd Quarter 2024 (July) – Public meetings cont. (2) (Aug - Sept) – Draft STP (Sept) – Regroup Community Working Group to share results of public input and vet draft plan + recommendations 4th Quarter 2024 (Oct – Dec) – Share draft plan with community stakeholders, boards/commissions & City Council for input. 1st Quarter 2025 (Jan-Feb) – Incorporate input into final plan (Mar) – Take final STP to City Council for adoption (Mar – Apr) – Communications follow-up RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 9 of 30 C. 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: 11/3/2023 • Question deadline: 3:00 PM MT on 11/10/2023 • Proposal due date: 3:00 PM MT on 12/1/23 • Interviews (tentative): 12/14/2023 and 12/15/2023 • Award of Contract (tentative): 1/12/2024 D. Interviews In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. The City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. E. 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. Service Provider/Consultant will be required to provide original receipts to the City for all travel expenses. F. Subcontractors/Subconsultants Service Provider will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider. G. 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. H. Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits, and be placarded as required by law. I. Laws and Regulations RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 10 of 30 The Service Provider agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). J. Work Orders The awarded Service Provider(s) will be required to sign the City’s Work Order Type Agreement, a sample of which is attached as Section VI for reference purposes. Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion date, total cost, and a Scope of Work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those stated in the Agreement. No Work Order over $7,500 will be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. 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 Service Provider each month following the submittal of a correct invoice by the Service Provider 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 Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL For this Section, Service Providers are required to provide detailed written responses to the following items in the order outlined below (50 pages maximum). The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 11 of 30 Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary: Provide a summation of the proposal in brief, concise terms. This should be three (3) pages or less. B. Project Understanding: Provide a brief summary of your understanding of the project. C. Team Profile: Provide relevant information regarding the team you propose to work on this project including prior related experience and accomplishments pertaining to their area of expertise and the City’s desired outcomes. D. Prior Experience/Examples: Provide recent examples of planning efforts directly related to the City’s desired outcomes. Several representative work samples should be included in the proposal and are exempt from the 50-page limit. Please be thoughtful in the number of samples or pages included. List three references that can verify their experience working with your firm and substantiate your success in delivering and administering the process. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. E. Project Management: Description of the team’s approach to project management, including teams, project manager(s). F. Approach: Describe your recommended approach to complete the project, with a focus on how you will address each of the items in the scope of work. G. Deliverables: Provide a description and/or provide examples of the deliverables and the tools that will be used to create the deliverables. H. Schedule: Provide a project schedule showing key milestones and deliverable dates and highlight any proposed changes to the City provided schedule. I. Budget: Provide a detailed, itemized, “not to exceed” cost of services schedule with breakdown by task including hours, rates, and job classifications. Expenses should be categorized separately. A range of costs is acceptable for certain tasks, to be finalized if the team is selected for the project. J. Sustainability/TBL Methodology: In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. K. Additional Information: Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider’s proposal. Explain any concerns Service RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 12 of 30 Provider may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. (This is exempt from the 50-page limit.). L. Ideas for Scope Improvement: Provide any information that would improve the scope of work to strengthen the comprehensive nature of the STP. These items could include community engagement techniques, areas requiring analysis, or other elements not currently stated in the RFP scope of work. M. Sample Agreement: Included with this RFP is a sample Agreement that the City intends to use for obtaining the services of the Service Provider. The Service Provider is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. N. Acknowledgement: The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 13 of 30 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews with the top-rated Service Providers may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 2.0 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 on budget? Has the firm successfully completed previous projects of this type and scope? Do the people 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? 3.0 Innovative Concepts and Tactics Does the proposed approach include new ideas to include in the scope of work outside of the identified scope of work as outlined in the RFP? Does the proposal identify community engagement tactics that will effectively reach underrepresented community members? 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? RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 14 of 30 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? 2.0 Cost & Work Hours Does the proposal include detailed cost breakdown 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? RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 15 of 30 V. ACKNOWLEDGEMENT Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all the terms, conditions and other provisions set forth in the RFP 9901 PARKS STRATEGIC TRAILS PLAN and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider’s knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award the next highest rated firm. f. Service Provider acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. 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. Legal Firm Name: Physical Address: Remit to Address: Phone: RFP 9901 PARKS STRATEGIC TRAILS PLAN Page 16 of 30 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 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 17 of 30 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , a(n) (ENTER STATE) Corporation, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page, and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 18 of 30 Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence , 2023, and shall continue in full force and effect until , 2024, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 6. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 19 of 30 8. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. The initial City Representative for this agreement is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The Representative is subject to change by the City. 9. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 10. Payments. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 11. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by 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 no such supporting appropriation has been made. 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 13. Subcontractors. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the City, which shall not be Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 20 of 30 unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 16. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 21 of 30 18. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 19. Entire Agreement; Binding Effect; Order of Precedence; 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 shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 20. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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 Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 22 of 30 federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 22. Utilization by Other Agencies. [Optional] The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 24. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 23 of 30 law. 25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 26. Dust Control. [Optional] The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www. fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins city limits. 27. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 28. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. [Signature Page Follows] Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 24 of 30 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 25 of 30 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or subsequent renewals as of the Work Order commencement date and will be held firm through completion of this Work Order. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Service Provider By: Date: Name: Title: ACCEPTANCE: Date: Name, City Representative REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 26 of 30 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Service Provider's Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Service Provider By: Date: Name: Title: ACCEPTANCE: Date: Name, City Representative REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 27 of 30 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 28 of 30 EXHIBIT BID SCHEDULE/ COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 29 of 30 EXHIBIT INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Official Purchasing Document Last updated 3/13/23 Services Agreement – Work Order Type RFP/BID [ # & Title] Page 30 of 30 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.