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HomeMy WebLinkAboutRFP - 8956 PARKS AND RECREATION POLICY PLAN UPDATERFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 1 of 27 REQUEST FOR PROPOSAL 8956 CITY OF FORT COLLINS PARKS AND RECREATION POLICY PLAN UPDATE The City of Fort Collins (City) is requesting proposals from qualified Vendors with specific experience in parks and recreation planning to provide professional consulting services in the development of a comprehensive Parks and Recreation Policy Plan update for Fort Collins. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, four (4) hard copies and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), July 3, 2019 and referenced as Proposal No. 8956 City of Fort Collins Parks and Recreation Policy Plan Update. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. All questions should be submitted, in writing via email, to Marisa Donegon at mdonegon@fcgov.com, no later than 5:00 PM (our clock) on June 14, 2018. Please format your e-mail to include: RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update 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. Questions received after this deadline will not be answered. 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): 90607 Architect Services, Professional 90629 Environmental – Architectural 90656 Landscape Architecture 90657 Land Development and Planning – Architectural 90664 Planning, Urban 90672 Recreation Facilities – Architectural Services 91858 Governmental Consulting 91862 Horticultural Consulting 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 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 2 of 27 98863 Park Area Construction/Renovation 98865 Parks Systems Technical Services 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. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for 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. 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 Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 3 of 27 I. OVERVIEW AND BACKGROUND A. Overview The City of Fort Collins (City) is seeking proposals from qualified Vendors with national expertise in parks and recreation planning to update the City’s Parks and Recreation Policy Plan (Plan). The awarded Vendor will develop an updated Plan with elements that will provide direction for the City’s Parks, Parks Planning, and Recreation departments as the City builds and maintains a world-class parks and recreation system. The Vendor will work closely with City Staff and the community in preparing the Plan. The Vendor will create a full report and executive summary for public distribution. The City is interested in completing the Plan by the end of calendar year 2020. B. Community Background Fort Collins is a vibrant community of 171,000 located 60 miles north of Denver. Home to Colorado State University and an educated workforce, Fort Collins is an important center for employment, higher education, entertainment, and shopping in fast-growing Northern Colorado. The community is often recognized for its quality of life, innovation, municipal services, and its commitment to environmental protection and sustainability. Fort Collins is nestled against the foothills of the Rocky Mountains and alongside the banks of the Cache La Poudre River. The City includes many assets and amenities that provide a competitive advantage including: abundant natural resources and agricultural land, a historic downtown, and many miles of trails, parks and bike paths. Fort Collins currently has over 925 acres of developed park land including 7 community parks and 43 neighborhood/pocket parks. Among other unique recreation facilities, the City has 4 major recreation centers and 3 community pools throughout the City. Bounded by the Rocky Mountains, a growth management area, and growing communities on all sides, buildout of Fort Collins is in sight. C. Context of the Plan within City Policy The City’s most recent Parks and Recreation Policy Plan was completed in 2008.The City of Fort Collins recently completed an update to City Plan, a 20+ year visioning document, of which this project should align and compliment. In addition, the following policies and plans should be considered by Vendors as part of the planning process. The following is a sample suggested list and Vendors should research and draw from all available resources and documentation.  Fort Collins City Plan - https://www.fcgov.com/planfortcollins/  Fort Collins Transit Master Plan - https://www.fcgov.com/planfortcollins/  2019-2020 City of Fort Collins Biennial Budget - https://www.fcgov.com/citymanager/budget.php RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 4 of 27  2018 City of Fort Collins Strategic Plan - https://www.fcgov.com/citymanager/files/2018-strategic-plan.pdf  2013 Paved Recreational Trail Master Plan - https://www.fcgov.com/parkplanning/pdf/2013-paved-recreational-trail-master- plan-3-3-14.pdf?1393880008  2011 Pedestrian Plan - https://www.fcgov.com/transportationplanning/pedplan.php  2008 Parks and Recreation Policy Plan - https://www.fcgov.com/parkplanning/pdf/policy-plan.pdf?1528733790 II. SCOPE OF PROPOSAL The Plan should provide a clear vision, goals, strategy, and work plan for the future of parks and recreation in Fort Collins by meeting the ten (10) Plan outcomes detailed below. A high level of innovative, engaging public involvement throughout the entire project is expected. For each outcome described below, an appropriate public outreach strategy will need to be identified. A professionally produced, clearly organized, graphic intensive Plan is the expected final product. A. Scope of Work Desired Plan Outcomes 1. Parks and Recreation Systems Vision, Goals & Metrics • A clear vision of what the Fort Collins park system and recreation system should become. • A set of goals to accomplish the vision for the park and recreation systems. • Defined metrics to determine how the goals are being accomplished. (e.g. public health metrics, access to nature metrics, etc.) • Metrics for use on the City website as community dashboard metrics available to the community. 2. Identification of Existing and Needed Parks and Recreation Facilities • An inventory of existing parks and recreation facilities. • Needs assessment through projected build-out of the parks and recreation system, based upon projected growth and city urban growth boundary, as provided by City Plan and the 2008 Parks & Recreation Policy Plan. Projected needs based on anticipated City growth, demographics, trends, etc. (parks, recreation facilities, recreation fields, playgrounds, access to nature, underserved & special interest populations, etc.) • Needs assessment based on national standards and community preferences. • Incorporate City Plan trend data into the analysis and final recommendations. 3. Parks and Recreation Build Out Strategy • Analysis of the existing build out strategy, as provided in the 2008 Parks and Recreation Policy Plan. RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 5 of 27 • An overview and description of park impact fees, purpose, methodology for collection, methodology for updates, timeframe, etc. This methodology already exists but is not clearly described in the current plan. • Recommendations for building out the parks and recreation systems, based on projected city growth, City Plan projections, etc. • General cost projections for each remaining park & recreation center, including development costs, raw water, land acquisition, operations & maintenance costs, etc. Preliminary cost projections are available. • A projected sequence of remaining parks & recreation centers, to be constructed. • Impact fee revenue projections through build out of the park system & gap analysis. Preliminary data is available. • Identify new potential funding strategies for completion of the parks system, and construction of remaining recreation centers. 4. Parks and Recreation Design Standards & Guidelines • A refined list of typical park elements for both community and neighborhood parks. A preliminary list is available. • A list of typical recreation facilities and amenities. • A list of alternative/emerging elements that may be incorporated, as identified by special interest groups. • A rationale and methodology for incorporating both typical and alternative elements into new parks and recreation facilities. • Best practice guidelines and standards related to park size, percentage of irrigated turf, parking guidelines, raw water use, sports field dimensions, signage, etc. 5. Strategy for Incorporating Special Interest Group Requests • Methodology and criteria for consideration of special interest group requests for more and/or expanded parks and recreation facilities (e.g. pickleball courts, slacklining, roller derby). Criteria may include: o Organized groups with recognized representative(s) with whom the City can coordinate with. o Gap analysis/research related to need for additional facilities. o Commitment to work collaboratively with City Staff. o Potential shared funding approach. 6. Community Health Alignment • An analysis of health benefits that Parks and Recreation provides to the community. • Determine how and where Parks and Recreation fit into the local community health landscape. • Development of a Parks and Recreation community health strategy. RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 6 of 27 • Research potential community health partners that can collaborate with Parks and Recreation. Identify key community health stakeholders. 7. Park Design Process • A clearly defined process for the design of new parks, including community feedback, Council and boards involvement, entitlements, etc. Provide improvement strategies to the existing process in place. • Clear and simple infographic(s) that outline the park design process, including engagement with the community, boards, and Council. This graphic will be used to summarize the park design process on the City web site, in Council communications, and at community meetings. 8. Park Refresh Strategy • Incorporate the recent findings from the Park Refresh survey completed in 2018 to develop a refresh strategy, both for community and neighborhood parks. • A preliminary analysis of community parks, identifying specific refresh opportunities for each. • Identify a prioritization strategy for refreshing both community and neighborhood parks • A process for refreshing parks, including community feedback, council and board approvals, etc. • Identify a new funding stream for refreshing parks. The City has done some preliminary explorations regarding a potential new fee for refreshing community parks. This approach needs further research, and other funding options developed. 9. Life Cycle Strategies Parks: • An evaluation of the park Life Cycle Program: definition, scope, purpose, management. • Identify & create best practices • Strategy and implementation of Parks Life Cycle Plan. • Funding strategy & options. Recreation: • A preliminary analysis of current recreation facilities and amenities, identifying specific equipment lifecycle lifespan with anticipated cost to update and/or meet current standards. • An evaluation and creation of the Recreation Life Cycle Program and goals • Strategy and implementation of Recreation Life Cycle Plan. • Identify options of best practices being used as alternative funding sources to potentially fund the Recreation Life Cycle Plan. RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 7 of 27 10. Paved Trails • An evaluation of the 2013 Paved Recreational Trail plan • Provide recommendations for improvements to the existing plan as a subset of the Parks & Recreation Plan • A clearly defined process and policy for the development of new paved trails, including easement acquisitions, developer responsibilities, cost share, etc. • Clear and simple infographic(s) that outline the trail design process, including engagement with the community, boards, and Council. This graphic will be used to summarize the paved trail design process on the City web site, in Council communications, and at community meetings. • Funding options for paved trail development and maintenance • A full update of the Paved Recreational Trail Plan will occur at a later date, when trail alignments and locations will be further evaluated. The trail focus for the Parks & Recreation Plan update is primarily policy/procedure oriented. Special Areas of Interest Funding strategies for build out of the parks, recreation, and paved trail systems should be a significant focus for this Plan update. The City desires to be presented with various funding alternatives and options for these. Vendors should indicate their expertise in this area in their proposal. B. Plan Milestones The following project schedule with key milestones is provided. The schedule is preliminary, and subject to change. The November 12 Work Session with City Council has been scheduled. Month Key Milestone 2019 August Project Start-up/Scope Refinement/Contracting September Community Outreach/ Boards & Commissions/Plan Development October November November 12 Work Session with City Council – Review approach and desired outcomes, goals, boards & commission and community feedback December Draft Plan Development 2020 January February Draft Plan Submitted March Community Outreach/Boards & Commission Review April May City Review and Comment June Final Plan Refinement July August Submit Final Plan September Council Adoption of Final Plan RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 8 of 27 C. Key Areas of Responsibility Since public input is critical to the success of the Plan, the awarded Vendor shall develop a public participation process aligned with the City’s public engagement strategies. A core team of City Staff from the Parks, Recreation, and Park Planning & Development departments will be involved in the Plan update process. Vendors should state how they see City Staff’s role and involvement in the planning process, with a range of cost reflective of the level of City Staff’s involvement. Roles and involvement from City Staff may include but is not limited to: • Organizing focus groups and public meetings including meetings with elected officials, senior management, and others; • Acting as the liaison between the Vendor and advisory committees or task forces; • Providing all documentation necessary for review; • Providing contacts of individuals and organizations from all sectors; • Providing current inventory of existing facilities and major events; and • Other duties deemed agreeable to both City Staff and Vendor. D. 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: June 5, 2019 • Question deadline: 5:00 PM MST on June 14, 2019 • Proposal due date: 3:00 MST (our clock) on July 3, 2019 • Interviews (tentative): August 8 and 9, 2019 • Award of Contract (tentative): August 21, 2019 E. Budget The budget for the Parks and Recreation Policy Plan update is $300,000. F. Interviews In addition to submitting a written proposal, the top-rated Vendors 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. RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 9 of 27 G. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore, subcontractors will be the responsibility of the Vendor. H. Proposal Format Please limit the total length of your proposal to a maximum of twenty (20) double sided or forty (40) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement 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. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. I. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. J. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. K. Work Orders The awarded Vendor(s) will be expected to sign the City’s standard work order type services agreement, a sample of which is attached as Section VI for reference purposes. In the event that the City has agreements with multiple Vendors for the Work, the City reserves the right to choose which Vendor to contact regarding the project, unless order of preference has been established during the contracting process. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the agreement). Each Work Order form must include a start and completion date, total cost and a general summary 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 submitted in the RFP response and subsequently included in the contract. No work order over $5,000 will be considered valid until signed, at a minimum, by the Vendor, 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 Vendor, project manager and Purchasing Department representative. RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 10 of 27 L. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor 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 Vendor and the City will negotiate an appropriate unit price for the service prior to Vendor initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL For this section, Vendors 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 Vendors 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 Vendors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. The City reserves the right to make the final determination of responsible respondents, and to waive informalities and/or irregularities and to accept or reject any or all proposals. The City retains the right to award to one, or to more than one respondent as is in the best interest of the City. A. Executive Summary: Provide a summation of the proposal in brief, concise terms. This should be three (3) pages or less. B. Project Understanding: Provide a brief summary of your understanding of the project. C. Team Profile: Provide relevant information regarding the team you propose to work on this project including prior related experience and accomplishments pertaining to their area of expertise and the City’s desired outcomes. D. Prior Experience/Examples: Provide recent examples of planning efforts directly related to the City’s desired outcomes. Several representative work samples should be included in the proposal and are exempt from the 40-page limit. Please be thoughtful in the number of samples or pages included. List three references that can verify their experience working with your firm and substantiate your success in delivering and administering the process. RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 11 of 27 E. Project Management: Description of the team’s approach to project management, including teams, project manager(s). F. Approach: Describe your recommended approach to complete the project, with a focus on how you will address each of the ten desired outcome areas. G. Deliverables: Provide a description and/or provide examples of the deliverables and the tools that will be used to create the deliverables. Include links to similar previous work to provide examples of deliverables. H. Schedule: Provide a project schedule showing key milestones and deliverable dates, and highlight any proposed changes to the City provided schedule. I. Budget: Provide a detailed, itemized, “not to exceed” cost of services schedule with breakdown by task including hours, rates, and job classifications. Expenses should be categorized separately. A range of costs is acceptable for certain tasks, to be finalized if the team is selected for the project. J. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. K. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. (This is exempt from the 40-page limit.) RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 12 of 27 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These 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 Vendors may be conducted. 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 1BQUALIFICATION 2BSTANDARD 1.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Does the proposal provide examples of innovative engagement techniques? 3.0 Innovation Is the team capable of developing multiple, innovative and customized solutions needed? 2.0 Experience Has the team produced best in class deliverables and solutions for other communities? 2.0 Assigned Personnel 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? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as necessary? 1.0 Sustainability Does the firm demonstrate a commitment to economic, environmental and social sustainability? 1.0 Cost and Work Hours Does the proposal include 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? 2.0 Overall Team Capability Does the team have the resources, financial strength, capacity and technical skills required to successfully complete the project on-time and in- RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 13 of 27 budget? Has the team successfully completed previous projects of this type and scope? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. 0BQUALIFICATION STANDARD Overall Performance Would you hire this Professional 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 Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 14 of 27 V. VENDOR STATEMENT Vendor 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. Additionally, Vendor 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 Vendor’s knowledge and belief. b. Vendor 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. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 15 of 27 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for , issued by the City. A blank sample of a work order is attached hereto as Exhibit A, consisting of ( ) page(s) and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s) and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 16 of 27 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis designated in Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 17 of 27 Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of the Work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 10. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older than the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 12. Independent Contractor. The services to be performed by the Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 18 of 27 performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. 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. 15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 16. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. 17. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 18. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 19 of 27 this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 20 of 27 f. If the Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 21 of 27 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: Date: Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 22 of 27 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 23 of 27 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 24 of 27 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 25 of 27 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 26 of 27 EXHIBIT INSURANCE REQUIREMENTS 1. 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, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the Work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 RFP 8956 City of Fort Collins Parks and Recreation Policy Plan Update Page 27 of 27 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.