HomeMy WebLinkAboutRFP - 9999 Prefabricated Vault Restroom with Utilities for Schoolside ParkRFP 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park Page 1 of 33
REQUEST FOR PROPOSAL
9999 PREFABRICATED VAULT RESTROOM WITH UTILITIES FOR SCHOOLSIDE PARK
RFP DUE: 3:00 PM MT (Mountain Time), June 20, 2024
The City of Fort Collins is requesting proposals from qualified Restroom Providers to provide
services for restroom design, fabrication/manufacturing, storage, delivery and on-site installation
coordination for the Schoolside Park Project. The installation of the vault restroom will be
completed by the General Contractor that will be selected in future selection process.
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 June 4, 2024. The pre-proposal
meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your
browser for access to the meeting. Please be prepared to announce your name and mute your
microphone:
Join the meeting now
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_ZjUyNzhiODMtMTg4Yy00OGY1LWFmNTYtZTI0OTM3MDczNzdi%40threa
d.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: 998 968 539#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to Amanda Castelli, Project Manager, at
acastelli@fcgov.com, no later than 3:00 PM MT on June 13, 2024. Please format your e-mail
to include: RFP 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park 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.
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 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park Page 2 of 33
This RFP has been posted utilizing the following Commodity Code(s):
15500 BUILDINGS AND STRUCTURES: FABRICATED AND PREFABRICATED
15518 Cabins, Storage Buildings, etc. (Pre -Engineered in Kits, Ready to Assemble and Erect)
15538 Field Offices and Sheds, Construction Type
15540 Gazebos, Kiosks (Including Informational Type), and Pavilions
15550 Office Buildings, Modular and Portable
15570 Portable Toilets
65038 Playground Equipment (Not Otherwise Classified) (See 420 -04 for Bleachers)
90925 Building Construction, Prefabricated (All Types )
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 Restroom Provider 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 Restroom Provider 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. Restroom Provider may
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Restroom Provider may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. All pricing will be considered public records subject to
RFP 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park Page 3 of 33
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, Restroom Provider 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.
Restroom Provider Registration: The City requires the awarded Restroom Provider to submit
IRS form W-9 and requires Direct Deposit (Electronic) payment. If needed, the W-9 form and the
Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these
documents with your proposal, however, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The City may
waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
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 Restroom Provider shall be required to sign the City’s Agreement prior to
commencing services (see sample attached to this document).
Sincerely,
Gerry Paul - Purchasing Director
RFP 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park Page 4 of 33
I. OVERVIEW AND PROJECT BACKGROUND
A. Overview
On behalf of the Park Planning and Development Division, the City of Fort Collins is seeking
proposals from qualified Restroom Providers to provide services for restroom design,
fabrication/manufacturing, storage, delivery and on-site installation coordination of a vault
restroom facility for the Schoolside Park in Fort Collins, Colorado.
Schoolside Park will be built with a General Contractor (GC) and will require the selected
Restroom Provider to design, fabricate/manufacture, deliver and coordinate with the City
Project Manager (PM) and selected project GC on installation of the restroom facility.
Through a separate RFP process, the City will select a GC to construct the entire park. The
selected GC will work in partnership with City of Fort Collins, the architect – engineer
design team and the selected Restroom Provider.
B. Project Background
The Schoolside Park is a 5.3 acre park site that will include a playground, picnic shelter,
passive and active recreation, on-site parking, paved walkways and soft surface paths and a
restroom facility. The park is located at 5830 South Timberline Road. The site is bordered
by the Mail Creek Ditch to the north and east, South Timberline Road to the west, and
Bacon Elementary to the south. See Attachment A – Park Location Map.
Both eletrical and water services will be extended to serve the restroom facility. However,
sanitary sewer service is not available so a vault style toilet system is required. Site access
for pumping out the restroom will be provided.
As this is a public restroom facility, all finishes are intended to be extremely durable / prison
grade in quality. Insides of restrooms will be hosed down regularly by parks maintenance
staff, so finishes should be provided to withstand regular application of water to all surfaces.
While this restroom may only be open to the public for 3 seasons, it should be designed so
that it can operate year round.
II. PROJECT DESCRIPTION AND PROJECT FUNDING
A. Project Description
The scope of this restroom facility includes:
Coordination with the City PM on floor plan and materials selection
Coordination with the City PM and GC on pricing; collaboration on value
engineering, if required to meet project budget
Meet the current City of Fort Collins Building Design Standards.
2 ADA and 2017 ANSI A117.1 compliant family / gender neutral restrooms.
Restrooms must meet and/or exceed State of Colorado requirements for all gender
restroom new construction.
Provide a roof structure capable of supporting future solar PV installation (~10-15
PSF additional load).
Each restroom to include 1 stainless steel toilet without lid, 1 stainless steel sink, 1
stainless steel urinal, 1 baby diaper changing station
1 recessed high-low drinking fountain with a water bottle filler (to be mounted to
exterior façade)
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1 mechanical room with hose bib, mop sink and space for storage of paper
products and cleaning supplies
Interior and exterior lighting
Exterior lighting to be night-sky / dark-sky compliant and to have motion sensors
Lighting color temperature to be less than or equal to 3000 Kelvin
Door hardware, deadbolt and keying to be coordinated with City of Fort Collins
Operations Services Department (therrick@fcgov.com) Maglock timers that allow
for programming / automatic locking of exterior doors
Water delivery for flushing toilets, sinks, urinals and maintenance / cleaning
Automatic sensors for sinks
Heating system consisting of a heat pump or similar high-efficiency system
capable of keeping the restrooms above freezing.
Single vault storage tank with easy access for pumping out
The City is requesting qualified Restroom Providers to submit as part of their proposal a
recommended design and detailed project cost for the scope listed above.
The Restroom Provider will be responsible for the design, engineering, Accessibility
compliance, fabrication/manufacuturing, storage, delivery, warranty and on-site installation
coordination support to the PM and GC as necessary for completion and acceptance of the
restroom.
The design of the restroom must comply with the current ADA, local building codes, and
current state and local licensing requirements in the design of the restroom components
and structures. Shop drawings, installation instructions and on-site support for the
installation of the restroom will be a requirement of this project.
The selected GC will be responsible for preparing the existing site, including
establishment of subgrades and installation of site work (i.e. drainage systems, adjacent
sidewalks, electrical service line, water service line). The GC will be responsible for
applicable building permits.
This project will be initiated soon after an award has been made to the Restroom
Provider for the design, fabrication/manufacturing, storage, delivery and on-site
installation coordination of the restroom facility. The City currently anticipates installation
of the restroom during the summer of 2025.
B. Project Funding
Funding for the restroom project is approved and the engineer’s estimate is
approximately $175,000-$225,000 for design, fabrication/manufacturing, storage,
delivery and on-site installation supportn.
III. SCOPE OF PROPOSAL
The following is an outline of a general scope of work. Additional tasks that the Restroom
Provider determine necessary to assure a good deliverable design product and ultimately a
high-quality restroom should be addressed in the proposal.
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1. Task One – Restoom Design/Material Selection and Shop Drawings
1. Attend a meeting (TEAMS or Zoom) to: 1) review project scope, schedule /
milestones, budget and 2) the proposed restroom facility included in the
response to the RFP.
2. Work with City PM to refine restroom design (anticipate an iterative process with
several rounds of revisions); incorporate City standards for durable fixtures, lock
timers, etc.
3. Materials should be durable, high quality and suitable for the Colorado climate.
4. Hardware used in the assembly shall be stainless steel and tamper resistant or
better. All hardware must be included.
5. Participate in budgeting/value engineering, if needed.
6. Provide shop drawings/documents for restroom and restroom foundation.
7. Coordinate with the City to ensure design is compliant with electrical systems and water
utilities.
8. Provide engineering stamped drawings/documents for building permit process.
9. Support City PM and GC in building permitting process.
2. Task Two – Restroom Fabrication/Manufacturing and Storage
1. Provide progress updates of restroom fabrication.
2. Complete restroom on-schedule based on pre-determined and agreed upon
milestones with the City and GC.
3. Coordinate/communicate with City PM and GC any changes to the
fabrication/manufacuturing or delivery schedule.
4. Storage of restroom at manufacturer location at no cost to City if completed before
agreed upon schedule and if GC is not ready to receive delivery.
5. Clearly identify any costs to City if storage of restroom is needed longer than the agreed
upon schedule.
3. Task Three – Restroom Delivery
1. Coordinate with City PM and GC on delivery timing.
2. Provide detailed instructions for installation several weeks before delivery.
3. Provide on-site support during installation.
Note: The City PM or GC will schedule, coordinate, and pay for a third-party crane
service to off-load the restroom from the transport vehicle.
4. Task Four – Restroom Installation
1. Provide on-site support and coordinate with City PM and GC during restroom facility
installation.
2. Provide confirmation of successful installation and validate warranty.
5. Task Five – City Final Acceptance
1. Correct any deficiencies and all punch-list items
2. Provide operations and maintenance manuals
IV. 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 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park Page 7 of 33
• RFP issuance: May 22, 2024
• Pre-Proposal Meeting: 10:00 AM MST MT on June 4, 2024
• Question deadline: 3:00 PM MT on June 13, 2024
• Final Addendum Issued: June 14, 2024
• Proposal due date: 3:00 PM MT on June 20, 2024
• Potential Interviews: Week of June 24, 2024 (tentative)
• Award of Contract (tentative): Week of July 1, 2024
Project Schedule
• Project Kick-Off Meeting Upon execution of Services Agreement and Work
Order 1
• Restroom Design/Shop Drawings July/ August, 2024
• Final Pricing July/ August, 2024
• Restroom Delivery (tentative) July - August 2025
• Installation of Restroom (tentative) July - August 2025
V. GENERAL GUIDELINES AND REQUIREMENTS
A. Proposals
1. Cost of Proposal Preparation. No reimbursement will be made by the City for
any costs incurred prior to a formal Notice to Proceed.
2. The City reserves the right to accept or reject any or all proposals and to waive
irregularities or technicalities in any proposal when in the best interest of the City.
3. The submission of a proposal indicates acceptance of the terms and conditions of
this RFP, unless otherwise stated. The Cit reserves the right to accept or reject any
exceptions taken to the RFP.
4. In addition to submitting a written proposal, the top-rated proposers 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 VII.
5. Any costs to the City not specifically set forth in this RFP will be the responsibility of
the Restroom Provider and will be deemed included in the fees and charges
proposed herein. This includes, but is not limited to, costs associated with design,
manufacturer, storage, delivery and on-site installation support.
6. Responses may be rejected if any of the following are not performed:
To adhere to one or more of the provisions established in this RFP;
To demonstrate competence, experience, and ability to provide the manufactured
RFP 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park Page 8 of 33
equipment described in this Request for Proposal;
To submit a response on or before the deadline and complete all required forms;
To respond to a written request for clarification or additional information by the
stated deadline.
7. Financial Qualifications (CONFIDENTIAL)
Restroom Providers 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”).
8. Work Orders
The awarded Restroom Provider will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section IX for reference purposes.
Individual Work assignments will be requested and agreed to utilizing the City’s
Work Order (included in the Agreement). Each Work Order must include a start and
completion date, total cost and a Scope of Work. Subsequent supporting
documentation pages may include a project schedule, deliverables, hours, cost
detail supporting total cost, and personnel details. Fees outlined in the Work Order
will conform with those stated in the Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by
the Restroom Provider, project manager and Purchasing Department
representative. Depending on the cost and nature of the Work, additional signature
authorization may be required. Any changes to the dates, cost or scope of any
Work Order must be agreed upon in writing utilizing the City’s Change Order
(included in the Agreement) and will not be considered valid until signed, at a
minimum, by the Restroom Provider, project manager and Purchasing Department
representative.
B. Standards and General Information
1. The City has developed a Building Design Standards Manual. Design will follow
these standards unless exempted by the City. This manual is available online and
can be viewed at: https://www.fcgov.com/opserv/design-standards.php
2. Workmanship shall meet or exceed existing industry standards. All materials and/or
service shall comply with applicable OSHA regulations in effect at the time
materials are shipped and/or the service is performed. Material Safety Data Sheets
(MSDS) are required in accordance with applicable regulations. Material Safety
Data Sheets must be left on site immediately after materials and/or services have
been provided.
3. The selected Restroom Provider will be required to provide the City with complete,
signed, and sealed plans and specifications from an architect or engineer licensed
in the State of Colorado, depending on requirements of the building permit
department.
4. The City is exempt from all state taxation including state sales and use taxes.
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5. Travel and Expenses: The selected Restroom Provider shall provide a list of fees
for reimbursable expenses. Reasonable pre-approved expenses will be
reimbursable.
6. The awarded Restroom Provider shall be responsible for obtaining any necessary
licenses and fees additional expense to the City. All equipment shall be properly
licensed and insured, carry the appropriate permits and be placarded as required by
law. Further, they agree to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances.
7. 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 Restroom Provider each
month following the submittal of a correct invoice by the Restroom Provider indicating
the project name, Purchase Order number, task description, hours worked,
personnel/work type category, hourly rate for each employee/work type category, date
of the work performed specific to the task, percentage of that work that has been
completed by task, 3rd party supporting documentation with the same detail and a brief
progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Restroom
Provider and the City will negotiate an appropriate unit price for the service prior to
Restroom Provider initiating such work.
The City pays invoices on Net 30 terms.
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VI. SUBMITTAL REQUIREMENTS
Qualified Restroom Providers interested in performing the work described in this RFP must
submit a complete proposal which addresses all elements of this RFP. Proposals to be
submitted in an 8 ½” x 11” format. Pages are to be numbered. Page length not to exceed
(20) double sided or (40) single pages. Graphics or charts than would not present well on 8
½” x 11” size papers may be presented on 11” x 17” size paper. Cover pages, divider
sheets, and Proposal Acknowledgement Form (See Section VIII) are excluded from the
page limit. Responses must include all items listed below.
A. Company Information: Provide Name of firm, contact person for this proposal, title, phone
number, fax number, street and mailing addresses, and previous names of firm in last 10
years; date firm was established. Describe how the firm is organized. Provide general
contracting licenses held by firm.
List any liens or unsatisfied judgements presently existing against your organization. If
your organization has no liens or unsatisfied judgments, please communicate this as
well.
Please complete Section VIII Acknowledgement.
B. Key Project Staffing: Provide information regarding the team you propose to work on this
project, including the availability and commitment of key personnel, with titles and tasks
identified. Include experience addressing: maintenance considerations, public safety,
environmental and utility challenges and working in collaboration with a project design team
including experience coordination with GC on value engineering, permitting and installation.
C. Project Experience: Provide examples of similar sized restrooms installed within
the last (5) years for a minimum of (3) and maximum of (5) projects. Provide project
location and references from entities or agencies that have purchased restrooms
from your company (and have owned the product for at least one year). Include
contact’s name, title, address, telephone numbers and e-mail addresses.
D. Project Approach and Schedule: Provide a summary of your understanding of the
project scope and schedule. Companies are encouraged to think beyond the outlined
Scope of Work and provide innovative and cost-effective ideas to create a successful
restroom facility. Provide character imagery, floor plans, electrical schematics, tank
capacity, waterline drawings, illustrations and/or a description that conveys the general
design intent for the proposed park restroom facility for Schoolside Park. Explain
approach and delivery strategy to ensuring an efficient schedule is met. Identify lead
times for fabrication and delivery.
E. Warranty: Provide warranty information for the proposed structure and it’s
components.
F. Cost: The Restroom Provider will contract directly with the City of Fort Collins.
Provide an itemized estimate to design, fabricate/manufacture, store, deliver and
install the proposed restroom facility. Clearly identify any exclusions. Please note
that the City is exempt from all state taxation including state sales and use taxes.
RFP 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park Page 11 of 33
G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s commitment
to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in determining
the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social, environmental, and
economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide
examples along with any metrics used to measure success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the prime
Restroom Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on environmental
health priorities in the areas of climate resiliency, water quality and watershed
protection, regulatory performance, management systems, air quality, renewable
energy, sustainable building and design, construction materials management, and
solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis on
strategic financial planning, job creation, business development, asset management,
various project delivery methods, value engineering, regional partnerships,
transparency, stakeholder engagement, strategic investments, aging infrastructure,
repurposing of existing facilities, and competing financial priorities.
c. Social - Experience working and delivering projects, programs, and/or initiatives that
support Equity, Diversity, and Inclusion throughout your firm’s workplace, including
leadership, and supply chain. Examples of this may be demonstration of working
within cultural and language gaps, development of diversity programs, diverse
project teams, equitable opportunity vendor supply chain, and how your firm has
applied an equity lens to processes such as recruitment, hiring, purchasing, career
pathways, salaries, and staff engagement.
H. Sample Agreement
Included with this RFP is a Sample Agreement (Section IX) that the City intends to use
for obtaining the services of the Restroom Provider. The Restroom Provider is required
to review this Agreement and indicate any objections to the terms of the contract. If
revisions to the contractual terms are requested, provide suggested revisions.
I. Acknowledgement
The Acknowledgement form is attached as Section VII. Complete the attached form
indicating the Restroom Provider hereby acknowledges receipt of the City RFP and
acknowledges that the Restroom Provider has read and agrees to be fully bound by all
of the terms, conditions and other provisions set forth in the RFP.
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VII. REVIEW AND ASSESSMENT
An evaluation committee will independently evaluate the merit of proposals received,
according to the following criteria. The evaluation committee may conduct discussions with
a Restroom Provider who submits an acceptable proposal. The Restroom Provider shall be
accorded fair and equal treatment with respect to any opportunity for discussion and
revision of proposals.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating,
and 5 being an outstanding rating.
WEIGHTING
FACTOR QUALIFICATION STANDARD
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objectives, need for cooperative and
collaborative working style, and desired results / outcome for the project?
3.0
Experience
Has the proposer successfully completed previous
restrooms of this type, scope and complexity?
Does the proposer have the resources, financial
strength, capacity and warranty to successfully
complete the project on-time and in-budget?
Has the proposer demonstrated through
similar work, the ability to integrate creativity
into design solutions?
3.0
Cost
Does the proposed cost compare favorably with the
Project Manager's estimate? Does the proposal
include itemized cost detail sufficient to evaluate
cost? Are the labor rates, overhead and profit
competitive?
1.0
Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures?
1.0 Availability Can the work be completed in the necessary time?
Can important project milestones be met? What is
the duration for design, fabrication and delivery?
Does Restroom Provider have capacity to store, if
so for how long at what cost?
RFP 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park Page 13 of 33
Reference Evaluation (Top Rated Company)
The Project Manager will check references using the following criteria. The
evaluation rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Restroom Provider again?
Did they show the skills required by this
project?
Timetable Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Restroom Provider responsive to client
needs; did the Restroom Provider anticipate
problems? Were problems solved quickly and
effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
Did the installed restroom meet the Scope of Work?
Was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP 9999 Prefabricated Vault Restroom with Utilities for Schoolside Park
Page 14 of 33
VIII. ACKNOWLEDGEMENT
Restroom Provider hereby acknowledges receipt of the City of Fort Collins Request for
Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms,
conditions and other provisions set forth in the RFP 9999 Prefabricated Vault Restroom with
Utilities for Schoolside Park and sample Agreement except as otherwise noted. Additionally,
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
Restroom Provider’s knowledge and belief.
b. Restroom Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Restroom Provider further agrees that the method of award is acceptable.
e. Restroom Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Restroom Provider acknowledges receipt of addenda.
g. Restroom Provider acknowledges no conflict of interest.
h. Restroom Provider acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Restroom Provider may submit one (1) additional complete proposal
clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Restroom
Provider 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, Restroom Provider 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:
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Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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IX. 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 the Agreement Period section below, by and between
the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and
, a(n) [enter state] [business type] (RESTROOM PROVIDER).
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 RESTROOM PROVIDER agrees to provide Services in accordance
with any project Work Orders for , issued by the CITY. Such Work Orders will be
incorporated into this Agreement. A blank sample of a Work Order is attached hereto as
Exhibit A, consisting of one (1) page and incorporated herein. A general Scope of Services
is attached hereto as Exhibit B, consisting of [# of Pages] and incorporated herein. The
CITY reserves the right to independently solicit any project rather than issuing a Work Order
to the RESTROOM PROVIDER for the same pursuant to this AGREEMENT. Irrespective
of references to certain named third parties within this AGREEMENT or any Work Order,
the RESTROOM PROVIDER shall be solely responsible for performance of all duties
hereunder. The term Service as used in this AGREEMENT shall include the Services 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 one (1) page and incorporated herein.
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. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. 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 one (1) additional one-year
period. 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 RESTROOM
PROVIDER no later than thirty (30) days before AGREEMENT end. Should written notice
of renewal be delayed, the parties agree that this AGREEMENT may automatically extend
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on a month-to-month basis until a renewal is completed. Upon expiration of the final renewal
term, the AGREEMENT may continue but not to exceed one (1) year if required to complete
any active Work Orders in accordance with Section 8-186 of City Code.
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 RESTROOM PROVIDER.
In the event of early termination by the CITY, the RESTROOM PROVIDER shall be paid for
Services rendered up to the date of termination, subject to the satisfactory performance of
the RESTROOM PROVIDER's obligations under this AGREEMENT. RESTROOM
PROVIDER shall submit a final invoice within ten (10) calendar days of the effective date of
termination. Payment shall be the RESTROOM PROVIDER'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:
RESTROOM PROVIDER: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Amanda Castelli
PO Box 580
Fort Collins, CO 80522
acastelli@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the RESTROOM PROVIDER [choose one] as
designated in Exhibit D, consisting of [# of Pages], attached and incorporated herein. 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
RESTROOM PROVIDER’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
RESTROOM PROVIDER’s City-verified progress in completing the Service(s) to be
performed pursuant to the Work Order and upon approval of the RESTROOM PROVIDER’s
direct reimbursable expenses. Payment shall be made following acceptance of the Services
by the CITY.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the RESTROOM PROVIDER
following the submittal of a correct itemized invoice by the RESTROOM PROVIDER. The
CITY is exempt from sales and use tax. The CITY’s Certificate of Exemption license number
is 09804502. A copy of the license is available upon written request.
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The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal
to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The RESTROOM PROVIDER warrants and shall be
responsible for the professional quality, technical accuracy, accessibility requirements
under ADA and Public Accommodations and Technology Accessibility sections below,
timely completion and the coordination of all Services rendered by the RESTROOM
PROVIDER, and the Project Instruments as defined in the Project Instruments and License
section below. The RESTROOM PROVIDER shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies from such
standards.
9. Indemnification. The RESTROOM PROVIDER 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 RESTROOM PROVIDER 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.
10. Insurance. The RESTROOM PROVIDER shall maintain insurance in accordance with
Exhibit E, consisting of three (3) pages, attached hereto and incorporated herein.
11. Appropriation. To the extent this AGREEMENT, or any provision in it, requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation
by the Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City
Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall
have no obligation to continue this AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the RESTROOM PROVIDER 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
Services or construction for the project. In addition, the license granted hereunder shall
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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
RESTROOM PROVIDER 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
RESTROOM PROVIDER shall become the CITY’s property. The RESTROOM
PROVIDER shall provide the CITY with the Project Instruments in electronic format in a
mutually agreed upon file type.
13. 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 Services requested under the applicable Work
Order. All requests for contract interpretation, change order and other clarification or
instruction shall be directed to the CITY Project Manager.
The initial CITY Project Manager for this AGREEMENT is Amanda Castelli and can be
reached at acastelli@fcgov.com. The CITY Project Manager is subject to change by the
CITY.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the CITY Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the RESTROOM PROVIDER
are those of an independent contractor and not of an employee of the CITY. The CITY shall
not be responsible for withholding any portion of the RESTROOM PROVIDER's
compensation hereunder for the payment of FICA, Workers' Compensation, unemployment
insurance, other taxes or benefits or for any other purpose.
16. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the RESTROOM PROVIDER and that this AGREEMENT shall be
considered as an AGREEMENT for personal services. Accordingly, the RESTROOM
PROVIDER shall neither assign any responsibilities nor delegate any duties arising under
this AGREEMENT without the prior written consent of the CITY.
17. Subcontractors/Subconsultants. The RESTROOM PROVIDER 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 Services 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 Services;
b. the subcontractor/subconsultant will be required to comply with all applicable terms of
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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 Services of the subcontractor/subconsultant will be subject to inspection by the CITY
to the same extent as the Service(s) of the RESTROOM PROVIDER.
The RESTROOM PROVIDER shall require all subcontractor/subconsultants performing
Service(s) hereunder to maintain insurance coverage naming the CITY as an additional
insured under this AGREEMENT in accordance with Exhibit E. The RESTROOM
PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate
evidencing the required insurance. Upon request, the RESTROOM PROVIDER shall
promptly provide the CITY with a copy of the certificate(s) within two (2) business days.
The RESTROOM PROVIDER shall be responsible for any liability directly or indirectly
arising out of the Services performed under this AGREEMENT by a
subcontractor/subconsultant, which liability is not covered by the
subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the RESTROOM PROVIDER of responsibility for the quality or
technical accuracy of the Services. The CITY's approval or acceptance of, or payment for,
any of the Services shall not be construed to operate as a waiver of any rights or benefits
provided to the CITY under this AGREEMENT.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
of this AGREEMENT. In the event either party should fail to or refuse to perform according
to the terms of this AGREEMENT, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the AGREEMENT and seek damages;
b. treat the AGREEMENT as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
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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 the 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.
22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY subsequently agrees in writing that the matter may be heard in federal court, venue
will be in U.S. District Court for the District of Colorado. In the event any provision of this
AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction,
that holding shall not invalidate or render unenforceable any other provision of this
AGREEMENT.
23. Prohibition Against Unlawful Discrimination. The RESTROOM PROVIDER acknowledges
that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252, 42 US.C. § 2000d to 2000d-4) , C.R.S. § 24-34-401, and any associated
State or Federal laws and regulations, strictly prohibits unlawful discrimination based on an
individual’s gender (regardless of gender identity or gender expression), race, color, religion,
creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to CITY
policy, sexual orientation means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the CITY strictly
prohibits unlawful retaliation against a person who engages in protected activity. Protected
activity includes an employee complaining that the employee has been discriminated
against in violation of the above policy or participating in an employment discrimination
proceeding.
The RESTROOM PROVIDER shall 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
RESTROOM PROVIDER agrees to meet all the requirements of the Americans with
Disabilities Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA),
and all applicable Colorado public accommodation laws, which are imposed directly on the
RESTROOM PROVIDER or which would be imposed on the CITY as a public entity.
25. Technology Accessibility. The RESTROOM PROVIDER represents that the Project
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Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. §
24-85-101, and the Accessibility Standards for Individuals with a Disability, as established
by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to
C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as
provided by the OIT. The RESTROOM PROVIDER shall also comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in
the State of Colorado technology standards.
To confirm that the Project Instruments meet these standards, the RESTROOM PROVIDER
may be required to demonstrate compliance. The RESTROOM PROVIDER shall indemnify,
save, and hold harmless the CITY against any and all costs, expenses, claims, damages,
liability, court awards and other amounts (including attorneys’ fees and related costs)
incurred by the CITY in relation to the RESTROOM PROVIDER’s failure to comply with
C.R.S. § 24-85-101, or the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to C.R.S. § 24-85-103 (2.5).
The CITY may require the RESTROOM PROVIDER’s compliance to the State’s
Accessibility Standards to be determined by a third party selected by the CITY to attest to
the Project Instruments and software compliance with C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
26. Data Privacy. RESTROOM PROVIDER will comply with all applicable data privacy
regulations and laws, specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 et.
seq. (the Privacy Act). RESTROOM PROVIDER shall ensure that each person processing
any personal data connected to the Services is subject to a duty of confidentiality with
respect to the data. If applicable, RESTROOM PROVIDER shall require that any
subcontractors meet the obligations of RESTROOM PROVIDER with respect to any
personal data connected to this AGREEMENT and corresponding Work Orders. The Parties
agree that upon termination of the Services that RESTROOM PROVIDER 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. RESTROOM PROVIDER shall make available to the CITY all
information necessary to demonstrate compliance with the obligations of the Privacy Act.
RESTROOM PROVIDER 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 and under any other applicable
law.
28. Colorado Open Records Act. The RESTROOM PROVIDER acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200
(CORA), and documents in the CITY’s possession may be considered public records
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subject to disclosure under CORA. The RESTROOM PROVIDER hereby waives any claim
for damages against the CITY for the CITY’s efforts to comply with CORA.
29. Delay. Time is of the essence. Subject to Force Majeure section of this AGREEMENT, if the
RESTROOM PROVIDER is temporarily delayed in whole or in part from performing its
obligations, then the RESTROOM PROVIDER shall provide written notice to the CITY within
two (2) business days defining the nature of the delay. Provision of written notice under this
Section shall not operate as a waiver of any rights or benefits provided to the CITY under
this AGREEMENT.
30. 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 RESTROOM PROVIDER must provide notice to the CITY of such
condition within ten (10) days from the onset of the condition.
31. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit F - Confidentiality,
consisting of four (4) pages, attached hereto and incorporated herein by this reference.
32. 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. The body of 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.
33. 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 RESTROOM
PROVIDER harmless; requires the CITY to agree to binding arbitration; limits RESTROOM
PROVIDER’s liability; or that conflicts with statute, City Charter or City Code in any way,
shall be void.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
RESTROOM PROVIDER'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO TA PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
RESTROOM PROVIDER
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 9999 Prefabricated Vault Restroom For Schoolside
Park
PROFESSIONAL MASTER SERVICES 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:
RESTROOM PROVIDER agrees to perform the Service(s) identified above and on the attached
forms in accordance with and subject to the terms and conditions contained herein and in the
Master Services Agreement (AGREEMENT) between the parties. This Work Order is
incorporated into the AGREEMENT, and the AGREEMENT and all prior amendments or other
modifications to the AGREEMENT, if any, remain in full force and effect. In the event of a conflict
between or ambiguity in the terms of the AGREEMENT and this Work Order (including the
attached forms) the AGREEMENT as set forth in the Order of Precedence section of the
AGREEMENT shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
RESTROOM PROVIDER: __________________________
Date:___________________
Name, Title
ACCEPTANCE: Date:
Amanda Castelli, CITY Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
GENERAL SCOPE OF WORK
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
RESTROOM PROVIDER: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME: 9999 Prefabricated Vault Restroom For Schoolside
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/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
RESTROOM PROVIDER: __________________________
Date:___________________
Name, Title
ACCEPTANCE: Date:
Amanda Castelli, CITY Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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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.
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EXHIBIT E
INSURANCE REQUIREMENTS
The RESTROOM PROVIDER will provide, from insurance companies acceptable to the CITY,
the insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the RESTROOM PROVIDER shall furnish the CITY with certificates of insurance showing
the type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the RESTROOM PROVIDER, 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 RESTROOM PROVIDER under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The CITY, its officers, agents and employees shall be named as additional insureds on the
RESTROOM PROVIDER 's general liability and automobile liability insurance policies by
marking the appropriate box or adding a statement to this effect on the certificate, for any
claims arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The RESTROOM PROVIDER shall maintain
Worker’s Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the RESTROOM PROVIDER's employees engaged in work performed
under this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall
conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and
$100,000 disease each employee, or as required by Colorado law.
B. General Liability. The RESTROOM PROVIDER 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 RESTROOM PROVIDER 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 RESTROOM PROVIDER shall maintain errors and omissions
insurance in the amount of $1,000,000.
Cybersecurity. The RESTROOM PROVIDER shall maintain cybersecurity insurance in
the amount of $5,000,000.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP 9999 Prefabricated Vault Restroom for Schoolside Park Page 30 of 33
EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by RESTROOM PROVIDER
under this AGREEMENT, the parties agree to comply with reasonable policies and procedures
with regard to the exchange and handling of confidential information and other sensitive materials
between the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, RESTROOM PROVIDER shall treat as Confidential Information
all customer identifiable information in any form, whether or not bearing a mark of
confidentiality or otherwise requested by the CITY, including but not limited to the non-
exclusive list of Confidential Information above. In the case of disclosure in non-documentary
form of non-customer identifiable information, made orally or by visual inspection, the
Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to
confirm in writing the fact and general nature of each disclosure within a reasonable time after
it is made in order that it is treated as Confidential Information. Any information disclosed to
the other party before the execution of this AGREEMENT and related to the services for which
RESTROOM PROVIDER has been engaged shall be considered in the same manner and be
subject to the same treatment as the information disclosed after the execution of this
AGREEMENT with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY and RESTROOM
PROVIDER shall cause each of their directors, officers, employees, agents, representatives,
and subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the Parties.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP 9999 Prefabricated Vault Restroom for Schoolside Park Page 31 of 33
RESTROOM PROVIDER shall not use such information to obtain any economic or other
benefit for itself, or any third party, other than in the performance of obligations under this
AGREEMENT.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, RESTROOM PROVIDER must implement reasonable policies and procedures
to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft
Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, RESTROOM
PROVIDER must take appropriate steps to mitigate identity theft if it occurs with any of the
CITY’s covered information and must notify the CITY in writing within twenty-four (24) hours
of discovery of any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
RESTROOM PROVIDER shall have in place information security safeguards designed to
conform to or exceed industry best practices regarding the protection of the confidentiality,
integrity and availability of Confidential Information and shall have written agreements
requiring any subcontractor to meet those standards. These information security safeguards
(the “Information Security Program”) shall be materially consistent with, or more stringent than,
the safeguards described in this Exhibit.
(a) RESTROOM PROVIDER’s information security safeguards shall address the following
elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP 9999 Prefabricated Vault Restroom for Schoolside Park Page 32 of 33
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. RESTROOM PROVIDER may use subcontractors, though such activity
shall not release or absolve RESTROOM PROVIDER from the obligation to satisfy all
conditions of this AGREEMENT, including the data security measures described in this
Exhibit, and to require a substantially similar level of data security, appropriate to the types
of services provided and Confidential Information received, for any subcontractor
RESTROOM PROVIDER may use. Accordingly, any release of data, confidential
information, or failure to protect information under this AGREEMENT by a subcontractor
or affiliated party shall be attributed to RESTROOM PROVIDER and may be considered
to be a material breach of this AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the RESTROOM PROVIDER can ensure security for the Confidential
Information so stored. Workstations or laptops to be used in the Services will be required to
have personal firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If RESTROOM PROVIDER breaches any of the terms of this Exhibit,
in the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and
withdraw RESTROOM PROVIDER’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
Official Purchasing Document
Last updated 5/2024
Professional Services Agreement – Work Order Type
RFP 9999 Prefabricated Vault Restroom for Schoolside Park Page 33 of 33
12. Injunctive Relief. RESTROOM PROVIDER Receiving Party acknowledges that the Disclosing
Party may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent jurisdiction
to enjoin or remedy any violation of this AGREEMENT.