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HomeMy WebLinkAboutRFP - 9911 OWNER'S REPRESENTATIVE PROJECT MANAGEMENT SERVICES SOUTHEAST COMMUNITY CENTER RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 1 of 15 REQUEST FOR PROPOSALS (RFP) 9911 Owner’s Representative Project Management Services Southeast Community Center RFP DUE: 3:00 PM MT (Mountain Time), February 9, 2024 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 The City of Fort Collins is requesting proposals from qualified firms to provide Owner’s Representative and Project Management Services for a new Southeast Community Center in southeast Fort Collins. 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. A pre-proposal meeting will be held at 10:00 AM MT, on January, 23, 2024, via Microsoft Teams. Please use the following link if you plan to attend: Click here to join the meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDY1MzA1Y2MtMTE3OC00OGRhLThmMmYtZTJlOTM4MTQ4ZDk3%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%2237299b31-8a43-4b66-8642-b5358a21cda9%22%7d Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and conference ID. This option will only allow you to hear the audio presentation. Call-in number: 1-970-628-0892 Conference ID: 805 555 472# All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at adhill@fcgov.com and Eric Cluver, Project Manager at ecluver@fcgov.com no later than 3:00 PM MT on January 29, 2024. Please format your e-mail to include: RFP 9911 Owner’s Representative Project Management Services for Southeast Community Center 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): RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 2 of 15 92544 General Construction: Management, Scheduling, Cost Estimation 95826 Construction Management Services 95877 Project Management Services 96156 Program/Project Development and Management Services Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who 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 Professional to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third-party Professionals and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professional may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professional 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 required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professional hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Professional’s Registration: The City requires new Professionals receiving awards from the City to submit IRS form W-9 and requires all Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 3 of 15 proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to 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 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 4 of 15 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins (City) is requesting proposals from qualified Professionals to provide Owner’s Representative, Team Collaboration, and Project Management Services for the planned, new Southeast Community Center. This Request for Proposals (“RFP”) is intended to identify and award one Professional. The agreement will be a Professional Services Work Order Type agreement. The potential size and scope of the project includes approximately 50K-90K of indoor square footage, approximately 25K for Library, 50K for Recreation and approximately 15K of outdoor square footage. Additional amenities could include but are not limited to: • Outdoor leisure aquatics. • Indoor leisure and indoor lap lanes. • Community Center which includes innovation spaces, flex spaces and creation spaces shared with the Poudre Library. • Essential library space and innovation space. • Gathering space. • Office and support spaces. Examples of the types of required support services to manage on this project includes: • Local Tax Funded Project/Construction Management Services on City related projects. • Federally/ARPA Funded Project/Construction Management Services on City related projects. • Projects with multiple stakeholder groups and departments. • Recreation center or similar municipal projects • Projects with a combined total cost in the $50 - $80 million-dollar range. • Grant funded projects. B. Background Fort Collins is a vibrant community of approximately 170,000 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 57 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 37,000 college students. Fort Collins has a comprehensive Recreation Department that offers thousands of programs at ten facilities throughout the community. The Department’s equity and inclusion focus is reflected in a robust and Adaptive and Inclusive Recreation Opportunities and the reduced fee program which removes financial barriers to participation. The Department typically sees around 800,000 visitors and program participants each year. Operation Services is a department within the City of Fort Collins organization, that oversees facility maintenance, project development and project management for new RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 5 of 15 construction and major renovations. This department is responsible for all construction associated with vertical building construction projects. Poudre River Public Library District was established in 2006 by voter approval. The District’s shared resources serve more than 207,000 people across a vast 1,800 square- mile region in northern Larimer County, Colorado. Anchored by three libraries in Fort Collins and a robust Community Outreach Department, the District is dedicated to meeting diverse communities’ needs, interests, and priorities with exceptional opportunities for learning and personal enjoyment. In all its endeavors, the District aims to enrich the cultural, educational, and economic life of the growing area which it serves. C. City Agreement Requirements The City intends to award a Professional Services Agreement Work Order Type similar to Section VI attached hereto. The initial term of the Agreement will be for one (1) year and may be extended for additional one (1) year periods not to exceed four (4) additional one year periods for a total of five (5) years. Work Orders awarded from this RFP will be awarded on a not to exceed time & materials basis. All Work Orders will utilize the hourly/unit rate pricing incorporated into the Services Agreement. There is no guaranteed minimum number of services to be ordered through this RFP. Work Orders will be created for each individual scope, and we anticipate the award to be from start to finish, with no phasing, but may be modified if the City feels it is in their best interest. See the Work Order section below for more detail. The awarded Professional will be responsible for the total professional management of quality, technical accuracy, and the coordination of all services needed in order to provide a complete project per the City’s Capital Projects Procedures Manual, see Attachment 1 for reference. II. SCOPE OF PROPOSAL A. Scope of Work The City is seeking a Professional to support various activities for the planned new Southeast Community Center. This new facility is planned to include a Library, Recreation, Innovation and Pool facilities. Stakeholders from the City, Library District, and Poudre School District are planned to make up the Owner’s team supported by the Professional. Professionals capable of demonstrating the necessary qualifications should have the ability to successfully deliver in areas such as: • Facilitate partnering & collaboration charrettes. • Project team management, including working with an assigned representative from each party contributing funding for this project. • Ability to support as Owner’s Representative during pre-design, design, construction and related activities. • Monitor, track update project budget. • Manage and track project budget through all phases of project. • Project contracting. RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 6 of 15 • Quality assurance/ quality control (QA/QC) inspection, management and coordination. • Schedule management & coordination. • Coordination and management of design and construction teams. • Site utility coordination, oversight, and management. • Identification and management of risk. • Construction management. • Construction oversight. • Develop and produce monthly progress reports including but not limited to: Budget update, request for information, submittals, contract revisions, grant reporting, schedule, open issues. • Project development and permitting • Environmental regulatory oversight. • Grant administration and reporting. • Coordination with City real estate services for land purchases, easements, right of way and potential private developments. • Coordination of energy modeling and building system commissioning. • Sustainability/LEED oversight and coordination to ensure goals are being met. • Coordinate separate Owner contracted third party consultants for material testing, and specific site inspections for materials, ADA and system installations. • Certified Payroll Management. The specific responsibilities that might be required for this project include but are not limited to: • Add value to the project by acting in a professional and ethical manner. • Coordinate the process of bringing together the various facility Owners and representative members to create a positive working environment with developing a project charter and Inter Governmental Agreement (IGA) for all stakeholders. • Lead the decision-making framework. • Develop a full understanding of the project goals and objectives along with associated cost to help facilitate decisions on programming and facility layout. • Develop a fully comprehensive Project Management Plan which is in line with and supports the City’s Capital Projects Procedures Manual. • Work with all parties to develop the RFP’s necessary to bring on the design team, construction team and other consultants necessary to facilitate this project through the entire process from start to finish. • The Professional shall utilize a fully comprehensive project management software program (Procore) to manage and document the project with powerful features that track every task and aspect of a highly complicated project with a challenging budget with funds from multiple sources. • Assist the two project Owners, The City of Fort Collins and the Poudre River Public Library District and serve as the Owner’s Representative in all phases of project delivery. RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 7 of 15 • Coordinate a partnering/charrette with the project Owners staff to create a partnering charter with guiding principles to help facilitate the planning, development and construction of this new Southeast Community Center. • Assist in coordination of facilitation of IGA between the Owners and end users of this new facility. • Professional shall prepare, draft and review IGA’s between the City and Library and contracts between the Contractors and selected vendors and the Owners for services to be performed per the general conditions, special conditions and Design and Construction standards (Attachment 1). When necessary, notify the Owners upon enforcement of contract terms or conditions are not being met and if any revisions would be required to protect the best interest of the project and the Owner. • Coordinate and document project scheduling related to full scheduling management, breakdown structure, critical paths, long lead items, and/or related schedule or tools. • Coordinate and document any construction team request for changes to project, response from design team, and all approved / denied requests for changes. • Document management and control of all construction and construction administration documents, correspondence, as-builts, operating & maintenance manuals, required trainings, LEED certification, and all commissioning activities of all start-up equipment/systems. • Submittal review: ensure Contractor is submitting required documentation and record- keeping. Maintain submittal log compliance and review 3 week look ahead schedule of submittals. Transmit the submittal to the Architect/ Engineer for review and approval. Track all submittal from initiation to completion and ensure all comments are addressed and closed. Coordinate all submittals with the project schedule and ensure compliance. Notify the Project Team if any submittal has potential scheduling impacts. Professional will not have approval authority of submittals. • Attend and/or conduct weekly construction meetings with Contractor, Architect, Engineer, Owner representatives and major subcontractors as applicable on site. • Ensure all permits are procured and the applicant is in compliance with all permitting requirements. • Ensure all federal, state, and local requirements are satisfied. • Perform on-site inspections for quality of workmanship, quality of materials, conformity with plans and specification and QA/QC discussions, code compliance, on-site safety, project schedule compared to current project field status, and general progress of the construction project as a whole. Coordinate with the contractor on their hazard analysis safety plan and make certain it is updated properly. • Coordinate third party QA/QC and onsite observation/third party inspections and provide supporting documentation. • Act as the liaison between the ongoing operations by stakeholders and the Contractors construction activities. • Review all test reports as required to be performed by the Contractor for compliance with specifications and test reports are comprehensive and properly documented and notify applicable parties of deficiencies and corrective action. RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 8 of 15 • Review all pay applications and verify that the schedule of values matches their contract, representative of materials delivered on site and work as considered completed to date. Make recommendations / acceptance to City Project Manager for approvals/revision requests. Professional will not have approval authority of pay applications. • Provide full project documentation management and control including all construction and construction administration documents, correspondence, as-builts, LEED certification, full commissioning, close-out documentation, warranties, etc. regardless of format. All documentation must be in electronic format and provided to the City at project completion/acceptance. The City shall have full ownership of all electronic data documents and correspondence. • All data documented by the Professional will be subject to Colorado Open Records Act (CORA) requirements. • The selected Professional will not be eligible to participate in future RFPs for design services or serve as a subconsultant to the selected design firm for the Southeast Community Center. B. Minimum Qualifications Firm/Assigned personnel qualifications: • Differentiate between the firm and personnel qualifications. • Demonstrate experience with collaborating and managing multiple owners and/or stakeholders to facilitate a project through the process of creating guiding principles and putting together deliverables to achieve successful project delivery. • Required: 7-10 years of vertical Construction Project Management and Construction Management experience. • Experience with creating RFPs to facilitate the hiring of the necessary design, construction, and other consultants necessary for bringing this project to completion. C. Deliverables/Milestones The following are high-level milestones objectives: • Owner’s Representative hired and under contract by end of 1st Quarter 2024. • Have the design and/ or construction teams under contract by end of 2nd Quarter 2024. • Conceptual scope completed by the end of 2024, including size, cost and schedule for completed project. • Have permit documents submitted by 3rd Quarter 2025. • Start construction 4th Quarter 2025. • Project completion by end of 2027. We expect proposing firms will review this schedule and submit their own schedule based upon their expertise and experience. RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 9 of 15 D. Cost and Work Hours The Professional will submit hourly rates by employee classification and a not-to-exceed estimate for each task as detailed in Section III below. Hourly rates must reflect wages, general and administrative expenses, and profit. Cost plus pricing will not be considered. Each awarded Work Order will include a ceiling price that the awarded Professional exceeds at its own risk. The Cost and Work Hours will be subject to negotiation and mutual agreement. The negotiated rates will be incorporated into the agreement and will remain firm for one calendar year from the date of the Services Agreement. In the event the parties are unsuccessful in negotiating mutually acceptable rates, the City will engage the second highest rated Professional to negotiate acceptable rates. E. 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: January 12, 2024 • Pre-Proposal Meeting: 10:00 AM MT on January 23, 2024 • Question deadline: 3:00 PM MT on January 29, 2024 • Final Addendum Issued: January 31, 2024 • Proposal due date: 3:00 PM MT on February 9, 2024 • Interviews (tentative): Week of February 26, 2024 • Award of Contract (tentative): Week of March 4, 2024 • Completion of project (tentative): End of 2027 F. Interviews In addition to submitting a written proposal, the top-rated Professionals will be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to collaboration/partnering, construction management/project management 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. G. Subcontractors/Subconsultants Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Professional; therefore, subcontractors and/or subconsultants will be the responsibility of the Professional. H. Financial Qualifications (CONFIDENTIAL) Professionals selected as finalists may be required to submit a banking reference and the most recent financial statement (audited preferred) including balance sheet and income statement, as well as a statement of cash flows (the “Financial Information”). RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 10 of 15 I. 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. J. 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. K. 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 the American Disabilities Act (ADA). The Professional further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto. L. Work Orders The awarded Professional will be required to sign the City’s Agreement, a sample of which is attached as Section VI for reference purposes. Each project will utilize the City’s Work Order (included in the Agreement), which refers back to Service Agreement terms and conditions. Each Work Order will include a start and completion date, total not-to-exceed 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. No Work Order will be considered valid until signed, at a minimum, by the Professional’s, 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 Professional, Project Manager, and Purchasing Department representative. M. 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 Work Order. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Professional and the City will negotiate an appropriate unit price for the service to be added via a Change Order prior to the Professional initiating such work. The City pays invoices on Net 30 terms. RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 11 of 15 III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of forty (40) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgment 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. Professional is required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what the Professional proposes to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non- responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Professional includes 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. Professional Information 1. Describe the firm’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 firm 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 the methods and timeline of communication your firm will use with the Owners and other parties. 3. Include a description of the software and other analysis tools to be used. RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 12 of 15 4. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Consultant. 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. Please identify the planned primary professional who will be assigned to this project. 4. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 5. 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. If your firm has worked with the City, it is preferred that references are from two separate non-City owners (the third reference may be from the City). 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. 6. Provide any information that distinguishes Professional from its competition and any additional information applicable to this RFP that might be valuable in assessing the Professional’s proposal. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your firm’s commitment to sustainability and supporting values. Provide a list of LEED projects your firm has been a part of along with the level of certification they have achieved are looking to achieve. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Consultant. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 13 of 15 and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost and Work Hours In your response to this proposal, please provide the following: An estimated price for the following tasks: o Coordinate a partnering/charrette with the project Owners staff to create a partnering charter with guiding principles to help facilitate the planning, development and construction of this new Southeast Community Center. o Review of IGA between City and Library for preparation of partnering charter. o Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. o Provide the cost of each task. Provide a total not to exceed cost for these tasks. Price all additional services/deliverables separately. • Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for subconsultants/subcontractors, if used, shall be included. • All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. All direct costs will be reimbursed at cost with no mark-up. Reasonable expenses may be reimbursable as per the current rates found at www.gsa.gov. Professional will be required to provide original receipts to the City for all travel expenses. G. 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 Agreement. If revisions to RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 14 of 15 the contractual terms are requested, provide suggested revisions. H. Acknowledgment The Acknowledgment 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 the terms, conditions and other provisions set forth in the RFP. RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 15 of 15 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 Criteria Standard 3.0 Firm Capability/ Experience/Assigned Personnel Does the Professional have the capability and experience to manage and construct a project of this type and scope? How many similar projects did the firm submit? Does team staff assigned to this project have experience with the complete project manage requirements? 2.5 Partnering/ Collaboration Does the Professional have experience related to multiple stakeholder and government entity partnering project experience. 2.0 Schedule/Availability Does the Professional have the capacity to meet the City’s project management needs? 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 services outlined for our projects? 1.5 Sustainability/Sustainable project management Experience Has the firm demonstrated they can create a project management format that meets the Owners LEED/sustainability goals? 1.0 Cost & Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Are the hourly rates included reasonable for each position? Are the work hours presented reasonable for the effort required by each project task? RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 16 of 15 V. ACKNOWLEDGMENT 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 911 Owner’s Representative, Project Management Services for Southeast Recreation Facility 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 the contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Professional acknowledges receipt of addenda. g. Professional acknowledges no conflict of interest. h. Professional acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professional may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professional may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professional hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: RFP 9911 Owners Representative Project Management Services for Southeast Recreation Facility Page 17 of 15 Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 18 of 32 Official Purchasing Document Last updated 11/2023 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) MASTER PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in Section 3 below by and between the CITY) and a(n) ).). WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Service. The PROFESSIONAL agrees to provide Services in accordance with any project Work Orders for , issued by the CITY. A blank sample of a Work Order is attached hereto as Exhibit A, consisting of [# of Pages] and is incorporated herein by this reference. A general Scope of Services is attached hereto as Exhibit B, consisting of [# of Pages] and is incorporated herein by this reference. The CITY reserves the right to independently solicit any project rather than issuing a Work Order to the PROFESSIONAL for the same pursuant to this AGREEMENT. Irrespective of references to certain named third parties within this AGREEMENT or any Work Order, the PROFESSIONAL shall be solely responsible for performance of all duties hereunder. The term Service as used in this AGREEMENT shall include the Services(s) and deliverables contained in any Work Order issued by the CITY. The CITY may, at any time during the term of a particular Work Order and without invalidating the Work Order, make changes to the scope of the particular Service. Changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of [# of Pages] and incorporated herein by this reference. 2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall be performed as specified on each Work Order. Time is of the essence. Any change in schedule must be agreed upon in writing by the parties hereto via a Change Order. 3. AGREEMENT Period. This AGREEMENT shall commence , 20 (the Effective Date) and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT may be extended for additional one (1) 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. [Any price changes shall not exceed percent ( %) per annual renewal]. Written notice of renewal shall be provided to the PROFESSIONAL no later than thirty (30) days before AGREEMENT end. Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 19 of 32 Official Purchasing Document Last updated 11/2023 4. Compensation. In consideration of the Services to be performed pursuant to this AGREEMENT, the CITY agrees to pay the PROFESSIONAL [choose one] as designated in Exhibit D, consisting of [# of Pages], attached hereto and incorporated herein by this reference. At the election of the CITY, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each Work Order. Partial payments based upon the PROFESSIONAL’s billings and itemized statements are permissible as defined in the applicable Work Order. The amounts of any partial payments shall be based upon the PROFESSIONAL’s City-verified progress in completing the Service(s) to be performed pursuant to the Work Order and upon approval of the PROFESSIONAL’s direct reimbursable expenses. Payment shall be made following acceptance of the Service(s) by the CITY. Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the Service(s) 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. 5. Early Termination by City. Notwithstanding the time periods contained herein, the CITY may terminate this AGREEMENT at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the PROFESSIONAL. In the event of early termination by the CITY, the PROFESSIONAL shall be paid for Service(s) rendered up to the date of termination, subject to the satisfactory performance of the PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall submit a final invoice within ten (10) calendar days of the effective date of termination. Payment shall be the PROFESSIONAL's sole right and remedy for termination. 6. Notices. All notices provided under this AGREEMENT shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: PROFESSIONAL: CITY: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this AGREEMENT shall be written. 7. Design and Service(s) Standards. The PROFESSIONAL warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 20 of 32 Official Purchasing Document Last updated 11/2023 timely completion and the coordination of all Service(s) rendered by the PROFESSIONAL, the Project Instruments as defined in Section 11 below. The PROFESSIONAL shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 8. Indemnification. The PROFESSIONAL shall indemnify, defend, and hold harmless the CITY and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the PROFESSIONAL or third parties against the CITY arising out of or related to this AGREEMENT (not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY's costs and reasonable attorney’s fees. 9. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit [choose one], consisting of [# of Pages], attached hereto and incorporated herein. 10. 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 supporting appropriation has been made. Non-appropriation by the City shall not be construed as a breach of this AGREEMENT. 11. Project Instruments and License. a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other Work Order deliverables (Project Instruments), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the CITY substantially performs its obligations under the AGREEMENT. The license granted hereunder permits the CITY and third parties reasonably authorized by the CITY to reproduce applicable portions of the Project Instruments for use in performing the Service(s) 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 Project Instruments for similar projects, provided however, in such event the PROFESSIONAL shall not be held responsible for the design to the extent the CITY deviates from the Project Instruments. This license shall survive termination of the AGREEMENT by default or otherwise. b. Upon payment under each applicable Work Order, Project Instruments rendered by the PROFESSIONAL shall become the sole property of the CITY. Upon request or as provided in each applicable Work Order, the PROFESSIONAL shall provide the CITY with the Project Instruments in electronic format. The electronic copy of the Project Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 21 of 32 Official Purchasing Document Last updated 11/2023 Instruments shall be submitted to the CITY in a mutually agreed upon format. 12. City Project Manager. The CITY’s Project Manager will be shown on the specific Work Order and shall make, within the scope of the Project Manager’s authority, all necessary and proper decisions with reference to the Service(s) requested. 13. Project Status Report. A project status report is required to accompany all invoices and shall be submitted to the CITY Project Manager. The progress status report shall contain a written report of the status of the Service(s) with respect to the Scope of Services, project schedule, previous invoices, outstanding balance, percent billed and other material information. Failure to provide any required report may, at the option of the CITY, suspend the processing of any payment request. 14. Independent Contractor. The Service(s) to be performed by the 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 the PROFESSIONAL's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 15. Personal Services. It is understood that the CITY enters into this AGREEMENT based on the special abilities of the PROFESSIONAL and that this AGREEMENT shall be considered as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL shall neither assign any responsibilities nor delegate any duties arising under this AGREEMENT without the prior written consent of the CITY. 16. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the Service(s) set forth in any Work Order without the prior written consent of the CITY, which shall not be unreasonably withheld. If any of the Service(s) 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 Service(s), (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 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 Service(s) of the subcontractor/subconsultant will be subject to inspection by the CITY to the same extent as the Service(s) of the PROFESSIONAL. The PROFESSIONAL shall require all subcontractor/subconsultants performing Service(s) hereunder to maintain insurance coverage naming the CITY as an additional insured under this AGREEMENT, Exhibit [choose one], consisting of [# of Pages], attached hereto and incorporated herein by this reference. The PROFESSIONAL shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the PROFESSIONAL shall promptly provide the CITY with a copy of the certificate(s). Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 22 of 32 Official Purchasing Document Last updated 11/2023 17. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder shall not in any way relieve the PROFESSIONAL of responsibility for the quality or technical accuracy of the Service(s). The CITY's approval or acceptance of, or payment for, any of the Service(s) 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 to or refuse to perform according to the terms of this AGREEMENT, that party may be declared in default upon notice. 19. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the AGREEMENT and seek damages; (b) treat the AGREEMENT as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. In event of a dispute regarding this AGREEMENT, each party shall bear its own attorney fees and costs. 20. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT of the parties regarding this transaction and the matter recited herein. This AGREEMENT and all Work Orders pursuant to this AGREEMENT supersede any prior agreements, promises, or understandings as to the matter recited herein. The AGREEMENT shall be binding upon the parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this AGREEMENT shall not be binding on the parties. In the event of a conflict between terms of the AGREEMENT and any exhibit or attachment, the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT affirms that they have the necessary authority to sign on behalf of their respective party and to bind that party to the terms of this AGREEMENT. 21. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution and enforcement of this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the CITY subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this AGREEMENT. 22. Use by Other Agencies. The CITY reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 23 of 32 Official Purchasing Document Last updated 11/2023 to use the CITY’s award determination to the PROFESSIONAL. Use by any other entity shall not have a negative impact on the CITY in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the CITY in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established solely between the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder is subject to the PROFESSIONAL’s commitment that this authorization shall not have a negative impact on the Service(s) to be completed for the CITY. 23. Prohibition Against Unlawful Discrimination. The PROFESSIONAL acknowledges that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4); Section §§24-34-401, et seq., C.R.S., and any associated State or Federal laws and regulations, strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to City policy, sexual orientation means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the CITY strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that the employee has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The CITY requires the PROFESSIONAL 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 subcontractors/subconsultants at every tier. 24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the PROFESSIONAL agrees to meet all the requirements of the Americans with Disabilities Act of 1990, §§24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the PROFESSIONAL or which would be imposed on the CITY as a public entity. 25. Technology Accessibility. The PROFESSIONAL represents in performing the Service(s) hereunder, it shall fully comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and all accessibility standards as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to §24-85- 103, C.R.S., including all updates and amendments to those standards as provided by the OIT. To confirm that the Project Instruments meet these standards, PROFESSIONAL may be required to demonstrate compliance.  The PROFESSIONAL shall indemnify the CITY pursuant to the Indemnification section above in relation to the PROFESSIONAL’s failure to comply with Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 24 of 32 Official Purchasing Document Last updated 11/2023 §§24-85-101, et seq., C.R.S., or the OIT’s accessibility standards pursuant to §24-85-103, C.R.S. 26. Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act § 6-1-1301 et. seq. (the Privacy Act). PROFESSIONAL shall ensure that each person processing any personal data connected to the Service(s) is subject to a duty of confidentiality with respect to the data. If applicable, PROFESSIONAL shall require that any subcontractors meet the obligations of PROFESSIONAL with respect to any personal data connected to this SOW. The Parties agree that upon termination of the Service(s) that PROFESSIONAL shall, at the CITY’s choice, delete or return all personal data to the CITY unless retention of the personal data is required by law. PROFESSIONAL shall make available to the CITY all information necessary to demonstrate compliance with the obligations of the Privacy Act. PROFESSIONAL shall allow for, and contribute to, reasonable audits and inspections by the CITY or the CITY’s designated auditor. 27. 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. 28. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and documents in the CITY’s possession may be considered public records subject to disclosure under the CORA. 29. 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 party that 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 the cause could not have been reasonably foreseen and guarded against by the affected 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 PROFESSIONAL must provide notice to the CITY of such condition within ten (10) days from the onset of the condition. 30. Special Provisions. Special provisions or conditions relating to the Service(s) to be performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] - Confidentiality, consisting of [# of Pages], attached hereto and incorporated herein by this reference. Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 25 of 32 Official Purchasing Document Last updated 11/2023 31. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT, the conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: (a) this AGREEMENT (and any written amendment), (b) Exhibits to this AGREEMENT, (c) Work Order(s) (and any applicable Change Order), and (d) the Purchase Order document. 32. Prohibited Terms.  Nothing in any Exhibit, Work Order, or other attachment shall be construed as a waiver of any provision above. Any terms included in any Exhibit, Work Order, or other attachment that requires the CITY to indemnify or hold PROFESSIONAL harmless; requires the CITY to agree to binding arbitration; limits PROFESSIONAL’s liability; or that conflicts with statute, City Charter or City Code in any way, shall be void. [Signature Page Follows] Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 26 of 32 Official Purchasing Document Last updated 11/2023 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: Date: Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 27 of 32 Official Purchasing Document Last updated 11/2023 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME 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: PROFESSIONAL agrees to perform the Service(s) 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. 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. PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 28 of 32 Official Purchasing Document Last updated 11/2023 EXHIBIT B GENERAL SCOPE OF WORK Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 29 of 32 Official Purchasing Document Last updated 11/2023 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company 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 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Professional Services Agreement – Work Order Type RFP/BID [# and Title] Page 30 of 32 Official Purchasing Document Last updated 11/2023 EXHIBIT D 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 10/2021 Service Agreement – Work Order Type 9911 Owner’s Representative, Project Management Services for Southeast Recreation Facility Page 31 of 32 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, insurance as the CITY may deem proper and may deduct the cost of the 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 and Employer's Liability. The PROFESSIONAL shall maintain Workers’ Compensation and Employer’s Liability insurance during the life of this AGREEMENT for all of the PROFESSIONAL's employees engaged in work performed under this AGREEMENT. Workers' Compensation and 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 General 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 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 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 and 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 10/2021 Service Agreement – Work Order Type 9911 Owner’s Representative, Project Management Services for Southeast Recreation Facility Page 32 of 32 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH THE WORK 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 the Work 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 the Work 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 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 disclosure. In the event that the PROFESSIONAL ceases to perform the Work 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 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.