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HomeMy WebLinkAboutRFP - 9783 URBAN FOREST STRATEGIC PLANRFP 9783 Urban Forest Strategic Plan Page 1 of 31 REQUEST FOR PROPOSAL 9783 URBAN FOREST STRATEGIC PLAN RFP DUE: 3:00 PM MT (Mountain Time), March 31, 2023 The City of Fort Collins Forestry Division is seeking to gather proposals from qualified, competent, knowledgeable, and experienced, consulting professional(s) and teams, institutions, or individuals, referred to as “consultants” in the remainder of the RFP, to assist with the development of an Urban Forestry Strategic Plan (UFSP). The UFSP will be an all-inclusive 20- year vision of managing Fort Collins’ community trees, refining existing forestry divisional goals, identifying new goals based on best practices in urban ecology, arboriculture, and urban forest management, planning and preparing for a changing climate now and in the future, and making actionable recommendations to achieve these goals. 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 Kendra Boot, Project Manager, KBoot@fcgov.com, no later than 3:00 PM MT on March 17, 2023. Please format your e-mail to include: RFP 9783 URBAN FOREST STRATEGIC 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): 91843 Environmental Consulting 94700 Forestry Services 94732 Conservation Services, Forest 94745 Forestry Economic and Marketing Services (Including Forestry Resources Services) 95845 Forestry Management Services (Including Inventory, Monitoring, Extension, Pest Control, etc.) 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 discriminat ed 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 9783 Urban Forest Strategic Plan Page 2 of 31 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 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 Service Providers/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. 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 and financial data information is not required to 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 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 or W-8BEN/W8-BEN-E (international firms) 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. RFP 9783 Urban Forest Strategic Plan Page 3 of 31 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 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 RFP 9783 Urban Forest Strategic Plan Page 4 of 31 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins Forestry Division is seeking to gather proposals from qualified, competent, knowledgeable, and experienced, consulting professional(s) and teams, institutions, or individuals, referred to as “consultants” in the remainder of the RFP, to assist with the development of an Urban Forestry Strategic Plan (UFSP). The UFSP will be an all-inclusive 20-year vision of managing Fort Collins’ community trees, refining existing forestry divisional goals, identifying new goals based on best practices in urban ecology, arboriculture, and urban forest management, planning and preparing for a changing climate now and in the future, and making actionable recommendations to achieve these goals. The Forestry Division is looking for comprehensive arboricultural planning services for which one contract will be awarded to the consultant demonstrating expertise in urban forest management and planning, and in equity centered resident and business owner outreach and engagement. The contract will include all planning and sub- consultant/contractor services to achieve the final Urban Forest Strategic Plan. It is anticipated that the awarded contract will be for a term of no more than 18-months. B. Background The city of Fort Collins is home to over 172,000 residents and is experiencing significant population growth averaging about 3,000 new residents each year. Approximately forty- percent (40%) of the population are renters. Located in northern Colorado at the base of the Front Range foothills of Larimer County, the city limits, or greater Growth Management Area (GMA) encompasses over 58 square miles at an elevation of 5,003 feet. The Forestry Division, residing within the Parks Department, directly maintains approximately 57,000 public trees growing along streets, in fifty parks, two cemeteries, three golf courses, as well as other City campuses and facilities. These assets comprise an appraised value of $113.5 million. Based on a Community Forest Assessment (Davey Resource Group, April 2016) (see Exhibit A), there is also an estimated 460,000 to 500,000 trees within City Limits. More recently, Colorado State University completed a land cover analysis and found the Fort Collins urban forest provides 14% tree canopy cover (Rasmussen, 2019). The Forestry Division indirectly manages the 460,000 plus trees on private lands through arborist licensing, as well as code enforcement for removal of infested, diseased, or trees that pose a safety risk to the public right-of-way. In April of 2020, Emerald Ash Borer was found just north of Fort Collins city limits, however, the area is well within the GMA. This invasive pest has undoubtedly spread since then, but to date it has been confirmed in only one other location. It is unclear if the second site is a result of natural spread or if a separate infestation exposure has occurred. The post-infestation portions of the Fort Collins Emerald Ash Borer Management and Response Plan have been enacted and protective chemical injections are occurring in one-third of the most relevant City owned ash trees each year. RFP 9783 Urban Forest Strategic Plan Page 5 of 31 Relevant Plans and Reference Documents The city has completed plans and studies that shall inform and provide basis for the Urban Forest Strategic Plan. These documents include: 1. 2022 Citywide Strategic Plan 2. Fort Collins City Plan 3. Our Climate Future Plan 4. ReCreate | Parks and Recreation Master Plan 5. Fort Collins TreeKeeper – Public Tree Inventory 6. Emerald Ash Borer Management and Response Plan 7. Chapter 27 of the Fort Collins Municipal Code 8. Fort Collins Land Use Code 9. Larimer County Urban Streetscape Standards 10. City of Fort Collins Forestry Webpage 11. Fort Collins Approved Street Tree List 12. Fort Collins Community Forest Assessment | i-Tree ECO (see Exhibit A) 13. Water Efficiency Plan and alignment with 2023-2024 update 14. Water Shortage Action Plan 15. Fort Collins Carbon Sequestration Study General Report and Technical Report II. SCOPE OF PROPOSAL A. Scope of Work 1. Using the current estimate of 14% canopy cover in Fort Collins, successful proposals must anticipate future urban forest growth, challenges and actions that could be reasonably implemented to maintain and expand the canopy cover. The Urban Forest Strategic Planning effort will determine what canopy expansion looks like based on the consultants’ analyses and needs of the community to address canopy disparities. a. Please include cost estimates to achieve increased canopy goals at the preferred approach (i.e. neighborhood level, pruning block areas, Council Districts, etc.). Please include all factors that determined the resulting goal such as availability of planting sites, etc. b. The need to provide resilient tree species is perhaps the most critical part of sustaining or expanding canopy cover. Relevant proposals must incorporate action steps to ensure forest resilience in the face of current and anticipated harsh conditions or potential damaging pests. 2. A high priority of the strategic plan is to ensure actionable steps to improve and create sustainable canopy cover across the community while prioritizing vulnerable and underserved areas within the Fort Collins GMA. 3. Include best practices in urban forestry including: • Acceptable and industry-preferred time frames for tree inventory update cycles. RFP 9783 Urban Forest Strategic Plan Page 6 of 31 • Data, funding analysis, and success stories to support our existing 5-year pruning rotation framework. • Include metrics, mapping techniques and other opportunities to set the Forestry Division up for success over the next 20 years and beyond. • Project what increase of contractual funds will be needed over the next 5, 10, 15, and 20-years to assist Forestry crews in achieving a five-year pruning rotation. • Include cost-benefit analyses of adding additional City staff versus using contractual crews to achieve rotational goals. • Consider and accommodate for the addition of new staff and equipment to grow with the urban forest based on the existing public tree inventory and average number of trees added each year. • The best use of staff and contractors for tree planting, including specific maintenance practices to create significantly higher establishment percentages and long-term survival rates. • Include water resources suggesting best practices for current and future: tree irrigation; water availability; as well as potential water quality issues. Because of population growth and our semi-arid climate there is an expectation of future reduced water availability for landscapes. • Analyze Forestry operation deployment and efficiency. • Include analysis of fuel and equipment usage. • Explore the efficiency of multiple satellite shops verses one consolidated and centralized Forestry Shop. • Analyze current space and layout of the Hoffman Mill woodlot. Explore options for a larger capacity woodlot or additional woodlots to accommodate extra wood volumes produced by pests, climate and other urban tree stress factors, and geographic efficiency to support tree care maintenance operations. Consider the pros and cons of regional partnerships to help serve a larger service area. 4. Successful proposals must have deliverable and actionable steps that will build a more resilient and healthy urban forest while maintaining or expanding the current percent canopy cover. Understanding the impacts of climate change, unanticipated weather events, or pressure from invasive pests to current and future tree health is necessary to provide a useful and implementable 20-year strategic plan. 5. Consultants must consider objectives that will preserve and protect significant trees located on public and private property. a. Explore actionable options to create and implement a Heritage Tree Program to preserve, protect and recognize trees that are of significant size, age, historical or horticultural significance in the community. b. This exploration would need to be included in the community engagement efforts. 6. Identify specific ways to improve current procedures used to promote planting, and proper aftercare, of public and private trees as one part of climate mitigation and adaptation, with steps to maximize urban canopy benefits. RFP 9783 Urban Forest Strategic Plan Page 7 of 31 7. As development and population growth continues in the Growth Management Area (GMA), consider the following: a. Reduce urban heating impacts; b. Enhancing tree planting survival rates; c. Include opportunities, possibly through partner programs, to increase tree planting and establishment on private property; d. Additional opportunities to influence proper tree care and encourage canopy enhancement on renter-occupied properties; and, e. What the community’s role in urban forest stewardship should or could look like. 8. Prioritize equity and foster resident and community partnerships, ensuring that ALL people in Fort Collins, including vulnerable and underserved communities, benefit from a diverse, resilient, and healthy tree canopy. 9. Successful proposals must show strong understanding of current Municipal and Land Use Codes as references and basis to work from. For example, Chapter 27, Section 27-1, of the Fort Collins Municipal Code designates all public and private trees as important community infrastructure. 10. Identify key gaps and solutions for City interdepartmental coordinated support for urban forestry (Planning, Development and Transportation (PDT), Our Climate Future (OCF), Fort Collins Utilities, etc.). Consideration for opportunities to preserve and increase private property canopy should be included. 11. Identify the best use of partner organizations, public, private, non-governmental, etc. Include the Forestry Division’s Urban Forest Ambassador Program volunteers. Propose other opportunities or ideas to grow, maximize and steer this program and other programs. What resources are needed to foster and promote successful partnerships. 12. The final plan shall include goals in five, ten, fifteen and twenty-year increments, include the ability to be easily updated, and align with the City’s bi-annual budget (i.e. 2025-2026, 2027-2028, etc.). Include a proposed process for plan updates that can be completed by City staff and be understood by a general audience. 13. Recommendations shall include an analysis quantifying the resources needed for implementation. The analysis shall include staff, forestry program structure, timing/duration, funding for development and ongoing operation and management. Recommendations could include other programs and partners and should consider what Fort Collins Forestry Division may look like in 10 to 20 years. RFP 9783 Urban Forest Strategic Plan Page 8 of 31 B. Deliverables/Milestones Below is the optimal timeline for the following Urban Forest Strategic Plan deliverables and milestones as shared with the Fort Collins City Council on January 24, 2023: Task 1: Information Gathering Manage the project team, schedule, budget, and quality control procedures. • Facilitate team inception meeting to set project vision, expectations, communications, roles/responsibilities, schedule, and scope for the project team. Deliverables 1. Preliminary project schedule with milestone dates as closely reflected in the above proposed timeline diagram. 2. Project team inception meeting logistics and written summary. 3. Bi-weekly team meeting logistics and summary. 4. Project management plan including quality control procedures. 5. Monthly schedule, progress, and budget reports. 6. Monthly invoices. Task 2A: Document Review, Data Collection and Best Practices Research Collect all necessary baseline information to understand the current urban forestry program, approach, regulations, and challenges in Fort Collins. Most data will be from existing sources. 1. Review background information and relevant documents. 2. Summarize previously identified goals with information on progress towards achieving the goals and those that may need to be updated through the strategic plan process. 3. Review and summarize best practices in urban forestry and begin analysis for recommendations specific to Fort Collin’s climate, size, public tree inventory as well as the private tree population, and identified goals. 4. Conduct interviews with all Forestry staff which include the Forestry Operations and Maintenance Team, the Tree Protection and Preservation Team, and Management. RFP 9783 Urban Forest Strategic Plan Page 9 of 31 5. Conduct interviews with City staff from other divisions/departments including, but not limited to, Environmental and Social Sustainability Departments, Engineering, Stormwater, Natural Areas, Nature in the City group, Parks Department management (including Parks Maintenance, Golf, Cemeteries and Park, Planning and Development), Parks and Recreation Communications team, and other management. 6. Conduct interviews with City staff involved in urban forestry/tree regulations from Planning, Development and Transportation (PDT), Our Climate Future (OCF), Fort Collins Utilities, Code Compliance, and others, being sensitive to recent outreach efforts to avoid duplication. 7. Conduct interviews with potential private/non-profit partner organizations. 8. Coordinate with other ongoing planning efforts or initiatives as they relate to urban canopy such as City Plan, Our Climate Future - Next Moves, or others as identified during the City staff interview process. 9. Conduct (in English and Spanish) an initial online community survey to gather public input on desires and hopes for the urban forest. Deliverables 1. Summary of interview findings with a focus on themes. Wish list items and outliers shall be included. 2. Initial list of best practices (to be reviewed and refined as additional data is received). 3. Review of final community survey format, in both English and Spanish, and a summary of the survey results when available. Task 2B: Stakeholder Engagement (Steering Committee/Project management Team) Establish and implement a strategy that actively engages and seeks input from internal and external stakeholders in a structured method to help guide the Urban Forest Strategic Plan’s development. Stakeholder engagement will include an internal City Project Management Team (PMT) and Steering Committee including external contributors. Stakeholders may include Forestry staff, City of Fort Collins staff, City Council or Parks and Recreation Advisory Board representatives, non-profit partners, neighborhood groups, industry consultants (landscape architects, nursery professionals, etc.), Downtown Development Authority (DDA), Business Improvement Districts (BIDs), or key local community members. Stakeholders may be identified by the City or the consultant team. This approach will be paired with other outreach methods (detailed in Task 3 below) to ensure a high level of stakeholder engagement for the project. • Facilitate monthly PMT meetings throughout the project. • Facilitate Steering Committee meetings at key decision points in the project when stakeholders can meaningfully influence the project outcomes (approximately quarterly throughout the project). • Identify and coordinate with other related City agencies and stakeholders. • Coordinate with other related projects if known. • Incorporate a series of touchpoints within the project schedule at decision milestones to allow stakeholders to influence the direction of the Urban Forest Strategic Plan. • Attend a kick-off meeting with the City Forester/project manager and select Forestry Division staff to understand project limits, existing conditions, opportunities, and constraints, etc. • As need be, suggest other innovative methods to obtain stakeholder engagement. RFP 9783 Urban Forest Strategic Plan Page 10 of 31 • It is assumed that all stakeholder engagement meetings will be held virtually on Microsoft Teams. In-person meetings may be held if time and location conflicts can be mitigated and found to be equitable across all participants. Deliverables 1. Steering Committee and PMT contact lists. 2. Stakeholder interviews with up to 10 internal City representatives or workgroups and up to 10 external stakeholders or groups (to be determined). 3. Facilitate quarterly Steering Committee meetings to be held at a location convenient for local participants or virtual/hybrid if agreed upon by committee members. The Steering Committee inception meeting will ideally be held in person to set project vision, expectations, communications, roles/responsibilities, schedule, and scope. 4. Facilitate monthly PMT meetings to be held at a location convenient for local participants or virtual/hybrid if agreed upon by committee members. The PMT inception meeting will ideally be held in person to set project vision, expectations, communications, roles/responsibilities, schedule, and scope. 5. Meeting agendas, minutes, notes, calendar invites, promotional materials, presentations, workshop approaches, and summary documents. 6. Translation and interpretation services (English/Spanish) for all Steering Committee activities and materials as necessary. 7. Arrange for qualified childcare during meetings (if required), including project-related children’s activities. Task 3: Community Outreach and Public Engagement Lead a comprehensive community outreach and public engagement process in partnership with an Our Climate Future Community Consultant, of which will be included on the PMT. This process will be in addition to the stakeholder engagement described in Task 2B above. Outreach will be completed in coordination with the Fort Collins Parks and Recreation communication team and other proposer sub-consultants if applicable. The overall goal of the public engagement process is to solicit, document feedback, and build relations with the representative local communities, user groups, forestry advocates, project partners, indigenous communities, and decision makers. Public outreach may be virtual, in person or a combination and may include public meetings, open houses, online surveys, and attending existing community events. The engagement approach will include a range of innovative methods/activities to maximize input from busy stakeholders (working, caring for families, etc.) who cannot always attend a traditional meeting. Fort Collins encourages innovative and accessible forms of outreach for remote participants as well as participants who do not have access to the internet and/or a computer. • Develop a detailed public involvement plan/approach for review and input by the City and stakeholders. • Implement creative, non-traditional engagement methods. The goal is to have input opportunities at varying times of day or weekends to maximize involvement. Consider using existing community groups that have an interest in planning or planting the urban forest. RFP 9783 Urban Forest Strategic Plan Page 11 of 31 • Host up to three (3) open houses and/or up to ten (10) existing community group outreach meetings during the strategic planning process to gain community input on a shared vision and draft plan recommendations. Open houses are assumed to be in person. • All web-based plan engagement will be housed on the City’s OurCity webpage and coordinated through the Parks & Rec Communication Team liaison. • Provide digital and hard copy large format alternatives communication materials as needed for public meetings with Spanish translation. • In coordination with the PMT and City Communications team, submit articles for the press, website, social medias, partnership publications, or other sources to report on plan progress. Utilize existing City and partner channels for ongoing project communications, which may include OurCity webpage, City Council District newsletters, Channel 14, neighborhood groups, City and partner websites, flyers, press releases, etc. All material for public distribution should be reviewed with Forestry prior to distribution. • Engagement activities will be conducted in English and in Spanish, and all public materials will be provided in English and in Spanish to respond to the needs of the local community. Deliverables 1. Public engagement plan and strategies document. 2. Comprehensive community engagement contact lists (email/mailing). 3. Project branding consistent with City of Fort Collins standards. 4. Ongoing project communications (email blasts, newsletters, etc.) and coordination with CPIO staff for consolidated social media and website communications. 5. Facilitate three public meetings/open houses. 6. Other non-traditional outreach activities (planning, logistics, and implementation). 7. Public meeting agendas, coordination, materials (boards, presentations, fact sheets, etc.) workshop approaches, minutes, notes, and summary documents for all public events. 8. Translation and interpretation services (English/Spanish) for all meetings/events and materials. 9. Arrange for qualified childcare during meetings/events (if required), including project related children’s activities. Task 4: Synthesis and Alternatives Development Create initial alternatives to be analyzed by the PMT, Steering Committee and vetted through the public engagement process. The alternatives will specifically incorporate existing Forestry planning, industry best practices and stakeholder feedback. • Develop a vision statement, overall goals, and objectives to be used as the overarching guide throughout the process and directly incorporated into the final Urban Forest Strategic Plan. • Engage with stakeholders to identify the key opportunities and issues to be considered in the initial alternatives development. These alternatives will address the stated objectives. • Incorporate community survey results into the alternatives. RFP 9783 Urban Forest Strategic Plan Page 12 of 31 • Develop a process for analyzing (comparing/contrasting) potential alternatives. This may include criteria built from the stakeholder’s identification of issues and opportunities in their first meeting. This may include high level categories such as growing vs maintaining the urban canopy, focused tree planting, watering, the role of the community, as well as climate projections, public/private maintenance options related to enforcement, etc. • Compare and contrast the alternatives identified based on objectives and review with stakeholders. The goal will be to identify flaws, benefits, opportunities, high level costs, or issues and to narrow the options to the final preferred options. • Attend Parks and Recreation Board meeting, Natural Resource Advisory Board and City Council for plan review and adoption. Deliverables 1. Summary detailing approach to analysis, criteria, and the key inputs from stakeholders to be included as supplemental information, such as an appendix, to the final Urban Forest Strategic Plan. 2. Document identified alternatives including those that are quickly eliminated due to lack of support or feasibility issues. 3. Draft Urban Forest Strategic Plan including the findings from the outreach process and research to narrow the final recommendations. Background information shall not be included in the final document but may be presented as a supplemental format to keep the document accessible to a large audience. 4. Present summary of the process and draft plan to the Parks and Recreation Board and Natural Resource Advisory Board. Task 5: Final Plan Development, Adoption and Rollout Review and refine the draft Urban Forest Strategic Plan. Prepare the final Urban Forest Strategic Plan. • Seek input from the stakeholders. • Incorporate feedback generated from public engagement. • Develop cost estimates for recommendations and potential funding options. • Utilize and reference case studies from other peer cities to support plan objectives. • Finalize draft and format for use in on all platforms (hardcopy, digital, web). • Develop communication materials, social media, and website communications. Deliverables 1. Final Urban Forest Strategic Plan document including Spanish translation and ADA compliant PDFs (print and digital resolution). 2. Final stakeholder summaries and copies of all information collected during the outreach effort. 3. Separate written analysis on funding options. C. Anticipated Schedule RFP 9783 Urban Forest Strategic Plan Page 13 of 31 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: March 10, 2023 • Question deadline: 3:00 PM MT on March 17, 2023 • Final Addendum Issued: March 22, 2023 • Proposal due date: 3:00 PM MT on March 31, 2023 • Interviews (tentative): Week of April 17, 2023 • Award of Contract (tentative): April 28, 2023 D. 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. Because of recent events involving COVID-19, 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. Professional will be required to provide original receipts to the City for all travel expenses. F. 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. 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 Professional 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. RFP 9783 Urban Forest Strategic Plan Page 14 of 31 I. 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). J. 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. K. COVID-19 Compliance The Professional and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Professional shall ensure employees and subcontractors/subconsultants with COVID-19 symptoms do not report to the job site. Professional must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. 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 Authorization 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. RFP 9783 Urban Forest Strategic Plan Page 15 of 31 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 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. How will you ensure compliance with Covid-19 requirements? 8. Can the work be completed in the necessary timeframe, with target start and completion dates met? 9. Are other qualified personnel available to assist in meeting the project schedule if required? RFP 9783 Urban Forest Strategic Plan Page 16 of 31 10. Is the project team available to attend meetings as required by the Scope of Work? 11. 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. 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. Please address any issues and/or opportunities related to COVID-19 and remote working. Specifically, how will you maintain the project on schedule and outreach to stakeholders? 6. 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. 7. What adjustments to your processes do you plan to make due to COVID-19? E. 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 RFP 9783 Urban Forest Strategic Plan Page 17 of 31 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. F. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the 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. G. 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. RFP 9783 Urban Forest Strategic Plan Page 18 of 31 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. WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 4.0 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? 4.0 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? 2.0 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? RFP 9783 Urban Forest Strategic Plan Page 19 of 31 V. ACKNOWLEDGEMENT 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 9783 URBAN FOREST STRATEGIC 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. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under Colorado Open Records Act (CORA). Professional hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 20 of 31 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) PROFESSIONAL SERVICES AGREEMENT 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 the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s), and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit B, consisting of ( ) page(s), and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 20 , 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 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 Professional and mailed no later than thirty (30) days prior to contract end. 4. 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 Professional. 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 Professional shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Professional 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 Professional's sole right and remedy for such termination. 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 21 of 31 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 6. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. 7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit , consisting of ( ) page(s), attached hereto 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 Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. Invoices shall be emailed to invoices@fcgov.com with a copy to the 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 invoices on Net 30 days from the date of the invoice. 8. Compensation. [Option 1] 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 in accordance with Exhibit , consisting of ( ) page(s), attached Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 22 of 31 hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs 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 reimbursable direct costs. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. Invoices shall be emailed to invoices@fcgov.com with a copy to the 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 invoices on Net 30 days from the date of the invoice. 9. 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. 10. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), 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 Instruments of Service for use in performing 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 utilize the Instruments of Service 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 Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 11. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 23 of 31 12. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 13. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 14. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 15. Subcontractors/subconsultants. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be 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/subconsultant 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/subconsultant 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/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the Work of the subcontractor/subconsultant 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 Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, c onsisting of ( ) page(s) attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 16. Personal Services. It is understood that the City enters into the Agreement based on the Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 24 of 31 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 the Agreement without the prior written consent of the City. 17. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. 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. 18. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 19. 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. 20. 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. 21. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in 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 Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 25 of 31 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 Professional. The City’s concurrence hereunder is subject to the Professional’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, 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, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to 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 subcontractor/subconsultants 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 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. 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, Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 26 of 31 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. 27. 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 ( ) page(s), attached hereto and incorporated herein by this reference. [Signature Page Follows] Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 27 of 31 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: Date: Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 28 of 31 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 29 of 31 EXHIBIT BID SCHEDULE/ COMPENSATION Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 30 of 31 EXHIBIT INSURANCE REQUIREMENTS The Professional 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 Professional 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 Professional, 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 Professional 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 Professional '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 Professional shall maintain during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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. D. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. In the event any work is performed by a subcontractor/subconsultant, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9783 Urban Forest Strategic Plan Page 31 of 31 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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.