HomeMy WebLinkAboutRFP - 10160 Comprehensive Plan for The Gardens on Spring CreekRFP 10160 Comprehensive Plan for The Gardens on Spring Creek Page 1 of 36
REQUEST FOR PROPOSAL
10160 COMPREHENSIVE PLAN FOR THE GARDENS ON SPRING CREEK
RFP DUE: 3:00 PM MT (Mountain Time), August 8, 2025
The City of Fort Collins is requesting proposals from qualified Professionals to develop a
Comprehensive Plan, which includes the elements of a Master Plan, Strategic Plan and
Interpretive Plan, for The Gardens on Spring Creek.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at
http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to
submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and
Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Beth Diven, Buyer II at
bdiven@fcgov.com, no later than 3:00 PM MT on July 25, 2025. Please format your e-mail to
include: RFP 10160 Comprehensive Plan for The Gardens on Spring Creek 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):
918-12 Analytical/Predictive Studies and Surveys (Consulting)
918-27 Community Development Consulting
918-32 Consulting Services (Not Otherwise Classified)
918-73 Landscaping Consulting
918-83 Organizational Development Consulting
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
Financial Services
Purchasing Division
nd Floor
970.221.6775
fcgov.com/purchasing
RFP 10160 Comprehensive Plan for The Gardens on Spring Creek Page 2 of 36
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Professionals Registration: The City requires new Service Providers/ Professionals receiving
awards from the City to submit IRS form W-9 and requires all Service Providers/ Professionals to
accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct
Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these
documents with your proposal, however, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The City may
waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any 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
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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 10160 Comprehensive Plan for The Gardens on Spring Creek Page 4 of 36
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Professionals to
develop a Comprehensive Plan, which includes the elements of a Master Plan, Strategic
Plan and Interpretive Plan, for The Gardens on Spring Creek (The Gardens).
The Gardens Comprehensive Plan (Plan) is intended to help strengthen, harmonize, and
raise the profile of Fort Collins’ botanic gardens through systematic planning. The
development of this Plan builds upon the City’s longstanding commitment to horticultural
excellence within the community, and is consistent with the City’s vision, strategic planning
and ongoing services to the community.
The City’s Community Capital Improvement Project (CCIP) is slated for reauthorization on
November’s ballot. With voter approval, current plans include funding for improvements at
The Gardens, including renovating the Children’s Garden and updating event
infrastructure.
Once completed, the Comprehensive Plan will inform the implementation of the CCIP and
provide the City with a vision for the next chapter of The Gardens’ growth and will help
identify City and community priorities for strengthening its sustainability. The Plan will
articulate the economic and cultural contributions of an organization that has a unique
combination of art and science. It will also identify community roles and responsibilities
along with those of the City to advance the goals and achieve the community’s vision.
B. Background
The Gardens is the botanical garden of the City of Fort Collins, Colorado, located on the
Spring Creek corridor. The property offers expertly-designed gardens that provide an
escape for healing, rest and retreat, and a place to experience nature and beauty. The
Gardens are also demonstrations of unmatched scientific expertise and botanical
knowledge. The mission of The Gardens is to enrich the lives of people and foster
environmental stewardship through horticulture. Its inception started in the 1980s as a
grassroots effort and culminated in the opening of a City-owned facility in 2004. In a city
with a modest population of 175,000, The Gardens is a testament to the values of the Fort
Collins community, as it is uncommon to have an amenity of this caliber in a modestly
sized city. The Gardens are part of a portfolio of community offerings that create a rich
quality of life and are part of the City’s Arts and Culture Department, which also includes
the Fort Collins Museum of Discovery, the Lincoln Center, The Center for Creativity,
Community Programs, and Art in Public Places.
Last year, The Gardens saw record-breaking attendance of 93,682 visitors from 300
Colorado zip codes, plus 50 states, Washington D.C., and Puerto Rico. Visitors are
attracted to a range of offerings, including 12 acres that demonstrate an enormous variety
of plants adapted to our extreme high plains environment, a robust slate of adult and youth
educational opportunities, an annual Spring Plant Sale, a summer concert series,
Pumpkins on Parade Halloween celebration, Garden of Lights winter holiday display,
rotating art exhibitions, and a nectar-rich garden and their pollinators in our Butterfly
House. While The Gardens charges a nominal admission fee, all of these activities can be
accessed free or at reduced rates through the Gardens for All program that lowers barriers.
Through the program last year, The Gardens served almost 5,000 community members
who otherwise would not have been able to participate.
The Gardens completed an expansion that doubled its size in 2019. Unfortunately, this
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expansion was quickly followed by the Covid pandemic. The unprecedented disruption
stalled growth and momentum. It is only recently that The Gardens has been able to
establish a benchline for what constitutes its “normal” state. With recent leadership
changes and the expiration of existing planning documents, The Gardens is ready for its
next stage of evolution through reassessment and redefinition. Having operated the newly
expanded Gardens facility for several years now, the City has identified areas of
opportunity and growth that need to be addressed in order to maximize The Gardens’
potential and meet the demands of its visitors. Two key areas for improvement include
addressing additional parking needs as traffic volume exceeds the capacity of the existing
parking lot; temporary portapotties are no longer a viable solution for public events; and
ADA concerns need attention across the entire property. To effectively define priorities,
workplans, and budgets, The Gardens needs a revised Master Plan to create a road map
for future capital improvements; a refreshed Strategic Plan to lay out operational goals
and objectives; and an Interpretive Plan to guide messaging, curriculum development, and
garden interpretation. Addressing all of these components as a single Comprehensive
Plan will give us the ability to make efficient use of public input and take advantage of all
the ways these plans will overlap.
C. Recent Planning Processes
There are several foundational documents that can provide a Professional with
background, feedback, and data. The Gardens recently completed an Organizational
Assessment that analyzed staffing levels, revenue streams, and peer benchmarks to
better understand what a sustainable operating environment looks like in our new
“normal.” In 2021, The Gardens completed a StratOps process that defined several timely
operational goals and objectives. A 2000 Master Plan, which included an Interpretive Plan,
provides a strong blueprint that can be revised with new information and findings.
The Plan will lean on this data collection with the goal of fully activating the site with
sufficient staff and a cohesive plan for public interpretation and horticultural best practices,
prioritizing conservation, sustainability, and culturally aware inclusivity.
D. Context of the Plan within City Policy
There are several areas in which this planning strategy will link to other areas of City policy
that should be examined within the context of this initiative. The following policies and
plans should be considered by Professionals as part of the planning process. The
following is a sample suggested list and Professionals should research and draw from all
available resources and documentation.
• 2025 Operational Assessment
• 2025 Signage Audit
• 2025-2026 City of Fort Collins Biennial Budget
• 2024 City-wide Strategic Plan
• 2024 Fort Collins Food Systems Exploration
• 2023 Gardens on Spring Creek Accessibility Assessment
• 2021 Gardens on Spring Creek StratOps Plan
• 2021 Parks & Recreation Master Plan
• 2021 Our Climate Future
• 2021 Housing Strategic Plan
• 2019 FoCo Creates Arts and Culture Master Plan
• 2019 City Plan
• 2016 City of Fort Collins Strategic Plan
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• 2016 Social Sustainability Strategic Plan
• 2015 Nature in the City Strategic Plan
• 2000 Gardens on Spring Creek Master Plan (including an Interpretive Plan)
II. SCOPE OF PROPOSAL
A. Scope of Work
The Plan should envision the future of the City’s botanic garden by identifying space and
infrastructure needs, clarifying key themes and values, and recommending direction for
programs and services to reach goals developed from the planning process. The resulting
Plan will include a determination of capital needs, potential financial resources and service
levels associated with each option. The process will consider previous and current
planning efforts, as well as engage the community in crafting a vision and workplan for the
future. The successful Professional will assist in facilitating public awareness and
community input process to better determine service and facility needs. In addition, the
Plan should specify recommendations for development and include a projected budget
and timeline for Plan implementation.
Professional will propose a methodology that is suitable to the objectives of this RFP and
that will cover the scope of a Comprehensive Plan. Professional’s workplan will include
the review of relevant documents, audit, analysis, public outreach, interviews, and
identification of best practices, recommended strategies, and implementation plans.
Professional should also research and utilize the City’s approach to public engagement
for this project. Information can be found online at http://ourcity.fcgov.com/.
Phases of Comprehensive Plan development may include but are not limited to:
• Professional research, community outreach, staff and leadership input;
• Initial strategy and design recommendations based on best practices, including priority
activities, policies, timeline for Plan implementation, staffing and budgets;
• Community review; and
• Final recommendations presented to the Community Services Department for
recommendation to Fort Collins City Council for approval.
Major Elements for the Plan
• Strategic Plan—revisiting Mission, Vision, and Core Values; defining short-term and
long-term goals and implementation strategies; analyzing resource allocation and
potential.
• Master Plan—revising facility layout and needs and establishing a design for future
planning.
• Interpretive Plan—revisiting interpretive goals in order to focus messaging, class
offerings, garden themes, and sign package. What stories are we telling and why?
How are we communicating these stories?
• A proposed Action Plan with a recommended sequence for implementation.
Goals for the Planning Process and The Plan
• Reflects the fundamental values of Fort Collins as a nature-loving community;
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• Creates a community-wide process that fosters participation, alignment, and shared
vision;
• Engenders widespread understanding and support for the Plan;
• Thinks holistically about the overlaps between Master Plan, Interpretive Plan, and
Strategic Plan;
• And creates an Action Plan that provides staff and leadership with a clear workplan.
Special Areas of Interest
Below is a partial list of key items or areas of interest that should be investigated and
incorporated as part of The Plan process. The list is not intended to be definitive, but a
starting point of reference for Professionals to build on.
• Future vision and development of the Children’s Garden
• Integrated strategies for engaging underserved communities
• Future vision and development of the Community Garden Program
• Comprehensive interpretive signage plan
Public Input
Since public input is critical to the success of the Plan, the Professional will develop a
public participation process aligned with the City’s public engagement strategies. The City
expects the Professional to begin the planning process with a community-wide dialogue:
• to launch the planning phase;
• build community awareness;
• seek the community’s input on Fort Collins’s cultural assets and issues; and
• use a variety of information gathering techniques to ensure robust participation.
The City has resources to assist with this element, and Professionals should clearly define
in their proposals what support will be needed from the City.
Planning Process Outcomes
The Professional will recommend methodologies that best accomplish the following
outcomes for the planning process:
• Assess all existing relevant material and identify gaps and any additional data to be
gathered;
• Facilitate community-wide civic dialogue to launch the planning project for robust
community participation;
• Upon completion of a draft Plan, design and implement a process for review to ensure
significant community input;
• Incorporate the feedback on the draft Plan to produce the final written Plan document;
• Presentation of the Plan to identified stakeholders.
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B. Deliverables
Professional may recommend additional or alternative tasks or activities necessary to
achieve the intended results. Deliverables must include, but are not limited to:
• Project timeline outlining milestones, billing, and schedule of deliverables. This may
be altered if agreed to by both parties.
• Summary of research and outreach findings
• Conceptual design documents for The Gardens recommended future state
• Interpretive Plan
• Strategic Plan
• Action Plan
C. Roles of City of Fort Collins Staff
The City will commit limited staff/resources to assist in collaboration with the Professional
on information gathering and citizen participation activities including:
• Organizing focus groups and public meetings including meetings with elected officials,
senior management, and others;
• Acting as the liaison between the Professional and advisory committees or task forces;
• Providing available documentation necessary for review;
• Other duties mutually agreed upon by City staff and Professional.
D. Minimum Qualifications
The ideal Professional would have prior experience partnering with botanical facilities on
comparable assignments. The Professional should assemble a project team with the skills
and experience to address all elements of The Plan.
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: July 16, 2025
• Question deadline: 3:00 PM MT on July 25th 2025
• Final Addendum Issued: August 1, 2025
• Proposal due date: 3:00 PM MT on August 8, 2025
• Interviews (tentative): Early September 2025
• Award of Contract (tentative): Late September 2025
F. Budget
The budget for this project is anticipated to be limited to a maximum of $150,000. The
City recognizes that a maximum budget could be limiting with regards to the overall scope
of the project. Therefore, Professionals are invited to submit proposals with the tasks
prioritized to aid the City in working together with the awarded Professional to identify and
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implement core tasks within the budget available, while maintaining the option for
expanded analysis and planning services if additional funding is identified in the future.
G. Interviews
In addition to submitting a written proposal, the top-rated Professionals may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including, but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
H. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Professional will be required to
provide original receipts to the City for all travel expenses.
I. 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.
J. Work Orders
The awarded Professional will be required to sign the City’s Work Order Type Agreement,
a sample of which is attached as Section VI for reference purposes.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Professional, 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.
K. Invoicing and Payment
Each Work Order will state the mutually agreed to payment schedule using the pricing
from the Agreement. Generally, the payment schedule will be either milestone based, or
monthly invoicing, based on time expended.
Invoices should be emailed to invoices@fcgov.com with a copy to the Project Manager.
The milestone achieved or the cost of the work completed shall be paid to the Professional
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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 and Agreement. 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 prior to the
Professional initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Professionals are required to provide detailed written responses to the following items in the
order outlined below. The responses shall be considered technical offers of what
Professionals propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the
Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews on the proposed dates as stated
in the Schedule section.
B. Professional Information
1. Describe the Professional’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
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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 your proposed methods for gathering data and the development of findings
and recommendations.
3. Describe the public outreach and input process your firm will use to garner input from
the general public, community stakeholders, Gardens’ staff, and City leadership.
4. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
5. Briefly describe any exceptions to and/or risks associated with the project.
6. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
7. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Professional.
8. Are other qualified personnel available to assist in meeting the project schedule if
required?
9. Provide an outline of the schedule for completing tasks.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, subconsultants, and subcontractors. Please limit resumes
to one page.
3. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the organization name, title of project, contact name,
email and phone number, subconsultants on the team and a brief description of the
work. The Professional authorizes the City to verify any and all information contained
herein and hereby releases all those concerned providing information as a reference
from any liability in connection with any information provided.
5. Provide any information that distinguishes Professional from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Professional’s proposal.
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E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Itemized “not to exceed” cost of services schedule for the Comprehensive Plan with
breakdown by task including hours, rates, and job classifications. Please also prioritize
the tasks to aid the City, if necessary, in working together with the awarded
Professional to identify and implement core tasks within the budget available.
2. Separate 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.
A fee schedule for subconsultants/subcontractors, if used, shall be included.
3. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
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and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. 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 contract. If revisions to the
contractual terms are requested, provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
fully bound by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the Scope of Work, or agreement?
Are other qualified personnel available to assist
in meeting the project schedule if required? Is
the project team available to attend meetings as
required by the Scope of Work?
3.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
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?
2.0 Cost & Work Hours
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
RFP 10160 Comprehensive Plan for The Gardens on Spring Creek Page 15 of 36
V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 10160 Comprehensive Plan for The Gardens on Spring
Creek and sample Agreement except as otherwise noted. Additionally, Professional hereby
makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Professional’s knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Professional acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
RFP 10160 Comprehensive Plan for The Gardens on Spring Creek Page 16 of 36
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Master Professional Services Agreement – Work Order Type
RFP/BID [# and Title] Page 17 of 36
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 the Agreement Period section below, by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) [enter state]
[business type] (Professional).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The Professional agrees to provide Services in accordance with 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 [# of Pages] 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
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 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.
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(Year) (the Effective Date)
and shall continue in full force and effect until , 20(Year), 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 [choose one] additional one-year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties only at
the time of renewal. Written notice of renewal shall be provided to the Professional no later
than thirty (30) days before Agreement end. Should written notice of renewal be delayed,
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the parties agree that this Agreement may automatically extend 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 Professional.
In the event of early termination by the City, the Professional shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
Professional 's obligations under this Agreement. Professional shall submit a final invoice
within ten (10) calendar days of the effective date of termination. Payment shall be the
Professional's sole right and remedy for termination.
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:
PO Box 580
Fort Collins, CO 80522
Email Address
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this Agreement,
the City agrees to pay the Professional [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 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 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 Professional following the
submittal of a correct itemized invoice by the Professional. The City is exempt from sales
and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of
the license is available upon written request.
The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
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approval.
8. Design and Service Standards. The Professional warrants and shall be responsible for the
Professional quality, technical accuracy, accessibility requirements under ADA and Public
Accommodations and Technology Accessibility sections below, timely completion and the
coordination of all Services rendered by the Professional, and the Project Instruments as
defined in the Project Instruments and License section below. The Professional shall,
without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies from such standards.
9. Indemnification. The Professional shall indemnify, defend, and hold harmless the City and
its officers and employees, to the maximum extent permitted under Colorado law, against
and from any and all actions, suits, claims, demands, or liability of any character whatsoever
claimed by the Professional or third parties against the City arising out of 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 Professional shall maintain insurance in accordance with Exhibit [choose
one], consisting of [# of 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 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 Services or construction for
the project. In addition, the license granted hereunder shall permit the City and third
parties reasonably authorized by the City to reproduce and utilize the 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
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otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
Professional shall become the City’s property. The Professional shall provide the City
with the Project Instruments in electronic format in a mutually agreed upon file type.
13. City Project Manager. The City’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 [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The City Project Manager is subject to change by the City.
14. Project Status Report. Project status reports may be required by 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 Professional 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 Professional'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 Professional and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior
written consent of the City.
17. Subcontractors/Subconsultants. The Professional may not subcontract any of the 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
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 Professional.
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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 in accordance with Exhibit [choose one]. 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) within two (2) business days.
The Professional shall be responsible for any liability directly or indirectly arising out of the
Services performed under this Agreement by a subcontractor/subconsultant, which liability
is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The City's approval of Project Instruments furnished hereunder
shall not in any way relieve the Professional of responsibility for the quality or technical
accuracy of the Services. The City's approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement.
19. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail to or refuse to perform according to
the terms of this Agreement, that party may be declared in default upon notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the Agreement and seek damages;
b. treat the Agreement as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits, 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
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.
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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 Professional acknowledges that the City,
in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42
US.C. § 2000d to 2000d-4) , C.R.S. § 24-34-401, and any associated State or Federal laws
and regulations, strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation,
genetic information, or other characteristics protected by law. Pursuant to City policy, sexual
orientation means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that the employee has been discriminated against in violation of
the above policy or participating in an employment discrimination proceeding.
The Professional shall 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, 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 Professional or
which would be imposed on the City as a public entity.
25. Technology Accessibility. The Professional represents that the Project 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 Professional 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 Professional may be
required to demonstrate compliance. The Professional shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
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awards and other amounts (including attorneys’ fees and related costs) incurred by the City
in relation to the Professional’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 Professional’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. Professional 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).
Professional 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,
Professional shall require that any subcontractors meet the obligations of Professional with
respect to any personal data connected to this Agreement and corresponding Work
Orders. The Parties agree that upon termination of the Services 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 and under any other applicable law.
28. Colorado Open Records Act. Professional acknowledges that 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. The parties agree that this Agreement, all incorporated Exhibits, and all
future Work Orders, unless specifically marked as Confidential, are considered public
records under the CORA.
29. Delay. Time is of the essence. Subject to Force Majeure section of this Agreement, if the
Professional is temporarily delayed in whole or in part from performing its obligations, then
the Professional 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
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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.
31. 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.
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 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]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
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:
Professional 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.
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, City Project Manager
REVIEWED: Date:
Name, Buyer or 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:
PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
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
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, City Project Manager
REVIEWED: Date:
Name, Buyer or 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 [CHOOSE ONE]
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 & Employer's Liability. The Professional shall maintain Worker’s
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 & 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.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Professional 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, Professional 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 Professional 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 Professional 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.
Professional 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.
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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, Professional 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, Professional 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.
Professional 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) Professional’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
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• 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. Professional may use subcontractors, though such activity shall not
release or absolve Professional 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 Professional 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
Professional 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 Professional 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 Professional breaches any of the terms of this Exhibit, in the City’s
sole discretion, the City may immediately terminate this Agreement and withdraw
Professional’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.
12. Injunctive Relief. Professional 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,
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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.
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EXHIBIT
CREATIVE SERVICE PROVIDER SUPPLEMENT
A. Publication Approval
Service Provider shall not, without the express written approval of the City’s Communications
and Public Involvement Office, publish or otherwise publicly distribute any Content provided
under this Agreement, including without limitation any image, video or design, subject to
Service Provider’s portfolio license provided below. City’s Communications and Public
Involvement Office may deny publication or any other public distribution of Content in its
discretion, including based on its aesthetic or artistic judgment. The designated representative
of the City’s Communications and Public Involvement Office for purposes of this Exhibit shall
be [INSERT NAME] or their successor, as designated by the Director of the City’s
Communications and Public Involvement Office.
B. Content Specifications
Service Provider shall provide to City Content in the highest resolution quality for platform(s)
for which it will be used, unless otherwise specified here: [INSERT ANY ADDITIONAL
SPECIFICATIONS]
C. Fonts
The City of Fort Collins owns specific fonts subject to copyright laws and which may only be
used in campaigns associated with the City brand. The City will supply these fonts to Service
Provider when determined necessary by the City. However supplied, licensed fonts cannot be
used for commercial work outside the scope of the services required by this Agreement or for
personal use.
D. Brand and Accessibility Standards and Training
The City has standards relating to City branding, which will be supplied by City to Service
Provider. Service Provider shall adhere to the branding standards in performing the services
required by this Agreement.
The City requires that Content furnished under this Agreement must be accessible to and
usable by individuals with disabilities, consistent with federal and state laws. Service Provider
will be considered to satisfy the accessibility requirement if it meets the functional performance
criteria specified in Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA
Success Criteria (2018). Service Provider shall maintain and retain full documentation of
measures taken to ensure compliance with the accessibility criteria, including tests and
simulations conducted. Service Provider agrees to remediate (repair or replace) non-
compliant Content at no additional cost to the City.
Service Provider shall complete the City’s training on the City’s branding and accessibility
standards to the City’s satisfaction within fifteen (15) days after execution of this Agreement
but need not complete the training more frequently than annually while under contract with
the City for image, video or design services. The training can be accessed here:
https://survey.alchemer.com/s3/7515392/3rd-Party-Creative-Vendor-Brand-ADA-Quiz
E. Assignment of Copyright
Service Provider hereby assigns, transfers, and conveys to the City all right, title and interest
in and to the Content created under this Agreement together with the copyright therein and
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the right to secure copyright registration therefore, in accordance with Sections 101, 204, and
205 of Title 17 of the United States Code, the Copyright Law of the United States. This
assignment, transfer and conveyance includes, without limitation, any and all features,
sections, and components of the Content, any and all works derived therefrom, the United
States and worldwide copyrights therein, and any renewals or extensions thereof, and any
and all other rights that the Service Provider now has or to which the Service Provider may
become entitled under existing or subsequently enacted federal, state, or foreign laws,
including, but not limited to the following rights: to reproduce, publish, and display the Content
publicly, to prepare derivative works of and from the Content, to combine the Content with
other materials, and to otherwise exploit and control the use of the Content. The City need
not credit Service Provider for the Content in any way, including through the use of watermarks
or Service Provider logos placed included in or on the Content.
The City assigns Service Provider a revocable license to use the Content in Service Provider’s
portfolio to document Service Provider’s prior work, provided that Service Provider may not
use the Content for any other purpose including any commercial purpose.
F. Rights under the Visual Artists’ Rights Act
To the extent the uses or removal of the Content under this Agreement affect any rights
Service Provider may have under the provisions of federal or state law, including the 1990
Visual Artists’ Rights Act, the Service Provider hereby knowingly waives any rights of
preservation of the Service Provider provided by those laws.
G. Indemnification Relating to Intellectual Property
In addition to any other indemnification requirement provided under this Agreement, Service
Provider agrees to indemnify and save harmless the City, its officers, agents and employees
against and from any and all actions, suits, claims, demands or liability of any character
whatsoever brought or asserted for infringement of copyright or other intellectual property
relating to the provision of Content to the City by the Service Provider or the City’s use of the
Content. Such indemnification shall not apply to any Content developed by the City and/or
provided by the City to the Service Provider for the completion of services under this
Agreement.