HomeMy WebLinkAboutRFP - 8957 ADA (AMERICANS WITH DISABILITIES ACT) CONSULTANT FOR EVALUATION OF PARKS, PARK TRAILS, RECREATION AND NATURAL AREASRFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 1 of 24
REQUEST FOR PROPOSAL
8957 ADA (AMERICANS WITH DISABILITIES ACT) CONSULTANT FOR EVALUATION OF
PARKS, PARK TRAILS, RECREATION AND NATURAL AREAS
The City of Fort Collins is requesting proposals from qualified Vendors to provide evaluation of
Parks, Park Trails, Recreation and Natural Areas for ADA (Americans with Disabilities Act)
Compliance. At the City’s sole option, the City may utilize the selected Vendor to perform
similar services related to ADA compliance assessments and evaluations for other areas and
City facilities subject to mutual agreement.
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 we require one (1) hard copy and one (1) electronic copy on a jump drive to 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) on July
25, 2019 and referenced as Proposal No. 8957. 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 Doug Clapp, CPPB, Senior
Buyer, at dclapp@fcgov.com, with a copy to Carol Thomas, Project Manager at
cathomas@fcgov.com, no later than 5:00 PM MST (our clock) on July 11, 2019. Please
format your e-mail to include: RFP 8957 – ADA Consultant for Evaluation of Parks, Park
Trails, Recreation and Natural Areas 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.
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
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 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 2 of 24
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. Please
do not submit with your proposal.
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 Paul
Purchasing Director
RFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 3 of 24
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Vendors for the evaluation
of conditions that would make a Title II entity’s programs inaccessible to people with
disabilities under the ADA (Americans with Disabilities Act) and experienced in the
development of transition plans, to evaluate the accessibility of City parks, recreation
and natural areas and develop a comprehensive Transition Plan for any needed
improvements. At the City’s sole option, the City may utilize the selected Vendor to
perform similar services related to ADA compliance assessments and evaluations for
other areas and City facilities subject to mutual agreement.
B. Background
Changes to the ADA codes have evolved, requiring a new survey to ensure
compliance with the ADA. The selected consultant will conduct a survey to identify
physical obstacles limiting accessibility, public outreach, describe the methods to
make the site accessible, and provide budgetary estimates to achieve compliance.
(See attached Appendix A, Parks, Recreation and Cultural Services Facilities - list may
be amended.)
II. SCOPE OF PROPOSAL
A. Scope of Work
PROJECT TASKS
1. Conduct a self-evaluation of City policies and practices for program
accessibility
• Inventory and review existing ADA policies and procedures to determine if
programmatic accessibility barriers exist.
• Provide informed guidance and templates for the compliance of ADA-related
policies and procedures.
• Produce a self-evaluation Executive Summary Report which assesses the risk
and potential liability, of any policies, procedures, programs, and services that
are not ADA compliant.
2. Develop a Public Outreach Plan for various stakeholders
• Coordinate on-site public forums and workshops at the City’s request
• Solicit public input by inviting community representatives to participate in the
City’s self-evaluation process and document a summary of public input.
3. Conduct a self-evaluation of all relevant public facilities
• Provide survey methodology and a schedule for project deliverables.
• Conduct a comprehensive collection of the City’s facilities (see Attachment A for
scope of project facilities) data to identify any ADA compliance issues.
• Provide a detailed analysis of the data
• Provide data results and analysis in a consolidated database
RFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 4 of 24
• Produce a Summary Report describing the overview of the process and
standards used for data collection, analysis, and the procedure for assigning
priorities and milestones.
4. Develop a transition plan
• Provide recommendations to remedy all non-compliant elements of program
accessibility (viewed in its entirety), extent of feasibility, and fundamental
alteration.
• Provide probable construction costs (cost estimates) based on current market
index.
• Identify project priorities based on public input and clear metrics,
• Provide a comprehensive Transition Plan that includes all non-compliant
elements, project priorities and probably construction costs.
5. Provide management, monitoring, and tracking tools
• Provide a fully searchable, sortable, and filterable electronic version of the
Executive Summary Report, Transition Plan and comprehensive database of all
evaluated elements that is compatible with commercially available programs
such as Microsoft Office.
6. Scope of Areas to be Evaluated
• See Attachment A
B. 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 25, 2019
• Question deadline: 5:00 PM MST on July 11, 2019
• Proposal due date: 3:00 MST (our clock) on July 25, 2019
• Interviews (tentative): Week of August 12, 2019
• Award of Contract (tentative): August 19, 2019
C. 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.
D. 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.
E. Proposal Format
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Please limit the total length of your proposal to a maximum of twenty-five (25) double sided
or fifty (50) 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.
F. Laws and Regulations
The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
G. 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.
H. 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 Consultant initiating
such work.
The City pays invoices on Net 30 terms.
RFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 6 of 24
Attachment A – Areas to be Evaluated
Fort Collins Parks, Recreation and Cultural Services Facilities
1. Parks
(Community Parks are highlighted)
Detailed information for each park can be found at: https://www.fcgov.com/parks/
Alta Vista Park
Archery Range
Avery Park
Beattie Park
Blevins Park
Buckingham Park
City Park – review design plans +
non-refreshed areas
Civic Center Park
Cottonwood Glen Park
Creekside Park
Cresecent Park
Eastside Park
Edora Park
English Ranch Park
Fossil Creek Park
Freedom Square Park
Golden Meadows Park
Greenbriar Park
Harmony Park
Homestead Park
Indian Hills Park
Landings Park
Lee Martinez Park
Legacy Park
Leisure Park
Library Park
Miramont Park
Oak Street Plaza Park
Old Fort Collins Heritage Park
Overland Trail Park
Rabbit Brush Park
Radiant Park
Registry Park
Richards Lake Park
Ridgeview Park
Rogers Park
Rolland Moore Park
Romero Park
Rossborough Park
Soft Gold Park
Spencer Park
Spring Canyon Park
Spring Park
Stewart Case Park
Troutman Park
Twin Silos
Warren Park
Washington Park
Waters Way Park
Westfield Park
White Water Park (under construction)
Woodwest Park
2. Recreational Facilities
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4. Recreation Trails
(Pedestrian Use/Hard Trails)
Detailed information can be found here:
https://www.fcgov.com/parks/trail-distances.php)
Poudre River Trail - 12.32 miles
Rendezvous Trail - 0.8 miles
Spring Creek Trail - 6.93 miles
Canal Trail - 0.5 miles
Fossil Creek Trail - 6.84 miles
Northeast Main Trail - 0.13 miles
North Branch of Fossil Creek Trail - 1.05 miles
Main Spur Trails - 2.0 miles
Power Trail - 3.89 miles
Mason Trail - 3.85 miles
Hickory Trail - 0.5 miles
5. Natural Areas
(Parking lots and trailheads only)
Detailed information for each Natural Area can be found at:
https://www.fcgov.com/naturalareas/pdf/na-map7-2017.pdf?1557161963
Arapaho Bend
Bobcat Ridge
Butterfly Woods
Cathy Fromme Prarie
Cattail Chorus
Colina Mariposa
Cottonwood Hollow
Coyote Ridge
Fischer
Fossil Creek Reservoir
Fossil Creek Wetlands
Gateway
Gustav Swanson
Homestead (Under
Construction)
Kingfisher Point
Magpie Meander
Mallard’s Nest
Maxwell
McMurry
North Shields Ponds
Pelican Marsh
Pineridge
Prairie Dog Meadow
Prospect Ponds
Red Fox Meadows
Redtail Grove
Redwing Marsh
Reservoir Ridge
Riverbend Ponds
River’s Edge
Ross
Running Deer
Salyer
Soapstone Prairie
Springer
The Coterie
Tanglewood
Two Creeks
Udall
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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.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Vendor Information
1. Describe the Vendor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Vendor Statement.
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion. Include a description
regarding how the analysis will be performed for the various identified areas
identified, the methods and assumptions used, and the limitations of the analysis.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Include a description of the software and other analysis tools to be used.
5. Identify what portion of work, if any, may be subcontracted.
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D. Firm Capability
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 sub consultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the consulting services described above.
3. Provide a minimum of three similar projects with public agencies in the last 5 years
that have involved the staff proposed to work on this project. Include the owner’s
name, title of project, beginning price, ending price, contact name, email and phone
number, sub-consultants on the team and a brief description of the work and any
change orders.
4. Provide examples of at least two projects where you’ve worked with your sub-
consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of
expertise, and include all other applicable information herein requested for each sub-
consultant. Identify what portion of work, if any, may be sub-contracted.
5. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Consultant
authorizes City to verify any and all information contained in the Consultant’s
submittal from references contained herein and hereby releases all those concerned
providing information as a reference from any liability in connection with any
information they give.
E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
2. A resume for each professional and technical person assigned to the Agreement,
including partners and/or sub consultants, shall be submitted. The résumés shall
include at least three individual references from previous assignments. Please limit
resumes to one page.
3. Some functions of this project may require the use of sub-consultants. If you intend
to utilize sub-consultants you must list each and provide resumes for their key
personnel.
4. Describe the availability of project personnel to participate in this project in the
context of the contractor firm’s other commitments.
5. Provide a list of similar projects completed in the last five (5) years by the key
members of the proposed team.
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F. Availability
1. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
2. Are other qualified personnel available to assist in meeting the project schedule if
required?
3. Is the project team available to attend meetings as required by the Scope of Work?
4. Provide an outline of the schedule for completing tasks.
5. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
G. 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.
H. Cost and Work Hours
In your response to this proposal, please provide the following:
Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Submit a Fee Proposal, with breakdown. Attach to the Fee Proposal an itemized
breakdown showing how the Fee Proposal was developed, including all anticipated
elements, time requirements, hourly rates by job classification, etc.
* If additional fees are required outside of those noted, please include on a
separate sheet.
I. 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.
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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 QUALIFICATION STANDARD
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 specifications, Scope of Work,
or agreement?
2.0 Firm Capability
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?
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 required by the Scope of Work?
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?
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?
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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.
CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the
Vendor anticipate problems? Were problems solved
quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
If Vendor administered a construction contract, was
the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
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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.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as the "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of ( ) page(s), and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, the Professional shall be solely responsible for performance of all duties
hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit B,
consisting of ( ) page(s), and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. Written notice of renewal shall be
provided to the Professional and mailed no later than thirty (30) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Professional. Such notice shall be delivered at least 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 addresses:
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
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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.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance
with Colorado law, from all damages whatsoever claimed by third parties against the City;
and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of
the Professional's negligent performance of any of the services furnished under this
Agreement. The Professional shall maintain insurance in accordance with Exhibit ,
consisting of one (1) page, attached hereto and incorporated herein.
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services
to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed
fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs
shall not exceed ($ ) in accordance with Exhibit , consisting of
( ) page(s), attached hereto and incorporated herein. Monthly partial payments based
upon the Professional's billings and itemized statements are permissible. The amounts of
all such partial payments shall be based upon the Professional's City-verified progress in
completing the services to be performed pursuant hereto and upon the City's approval of
the Professional's actual reimbursable expenses. Final payment shall be made following
acceptance of the Work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the
sole property of the City.
7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost
basis in accordance with Exhibit , consisting of ( ) page(s), attached
hereto and incorporated herein, with maximum compensation (for both Professional's time
and reimbursable direct costs) not to exceed ($ ). Monthly partial payments
based upon the Professional's billings and itemized statements of reimbursable direct costs
are permissible. The amounts of all such partial payments shall be based upon the
Professional's City-verified progress in completing the services to be performed pursuant
hereto and upon the City's approval of the Professional's reimbursable direct costs. Final
payment shall be made following acceptance of the Work by the City. Upon final payment,
all designs, plans, reports, specifications, drawings and other services rendered by the
Professional shall become the sole property of the City.
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
RFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 16 of 24
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 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 then the established City standard. The Professional
acknowledges the City is a governmental entity subject to the Colorado Open Records Act,
C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may
be considered public records subject to disclosure under the CORA.
11. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement
and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
12. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for
the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
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,
RFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 17 of 24
qualified firm with an established record of successful performance in its respective trade
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 C, 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 the 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 the 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.
RFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 18 of 24
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
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
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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.
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 the 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.
RFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 20 of 24
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
SCOPE OF SERVICES
Official Purchasing Document
Last updated 10/2017
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
Official Purchasing Document
Last updated 10/2017
RFP 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 23 of 24
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 8957 ADA Consultant for Evaluation of Parks, Park Trails, Recreation, & Natural Areas Page 24 of 24
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.
Williams
Rolland Moore Racquet Complex
Detailed information can be found here:
https://www.fcgov.com/recreation/rolland-moore-racquet-complex)
3. Golf Facilities
(Golf car passage only – does not include clubhouses)
Detailed information can be found here:
https://www.fcgov.com/golf/
City Park Nine Golf Course – golf car passage only
Collindale Golf Course – golf car passage only
Southridge Golf Course – golf car passage only