HomeMy WebLinkAboutRFP - 10003 Design Services for the New Southeast Community Center
RFP # 10003 Design Services for the New Southeast Community Center
Page 1 of 36
REQUEST FOR PROPOSAL
RFP # 10003 DESIGN SERVICES FOR THE NEW SOUTHEAST COMMUNITY CENTER
RFP DUE: 3:00 PM MT (Mountain Time), JULY 26, 2024
The City of Fort Collins is requesting proposals from qualified Design Professionals for the design
of the new Southeast Community Center.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A MANDATORY pre-proposal meeting will be held on July 9, 2024 @ 8:30 AM MT. The pre-
proposal meeting will be hosted on-line via Microsoft Teams. Click on the below link for access to
the meeting. Please enter your name, company name and email address into the chat as this is
what will be used to create the sign-in sheet for attendance.
Microsoft Teams
Join the meeting now
Meeting ID: 248 924 956 244 Passcode: YMjTkH
Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and
conference ID. This option will only allow you to hear the audio presentation. Any participants that
are calling in will must send email confirmation of their attendance to adhill@fcgov.com no later
than 10:00 AM MT on July 9, 2024, include your phone number (number you called in with), full
name and company name in the email.
Call-in number: 1-970-628-0892
Conference ID: 410 019 574#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com with a copy to Brooke Kardos, Wember – Owner’s Representative at
bkardos@wemberinc.com, no later than 3:00 PM MT on July 12, 2024. Please format your e-
mail to include: RFP #10003 Design Services for the New Southeast Community Center in
the subject line. Questions received after this deadline may not be answered. Responses to all
questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
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 # 10003 Design Services for the New Southeast Community Center
Page 2 of 36
906 10 Buildings – Architectural Design
906 25 Design Building Services
907 35 Designing Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Design Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Design Professionals and their subcontractors/subconsultants at every
tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Design Professionals Registration: The City requires new Design Professionals receiving
awards from the City to submit IRS form W-9 and requires all Design Professionals to accept
Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit
Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing
under Vendor Reference Documents. Please do not submit these documents with your
proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments
RFP # 10003 Design Services for the New Southeast Community Center
Page 3 of 36
please clearly note such in your proposal as an exception. The City may waive the requirement
to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Design Professional shall be required to sign the City’s Agreement prior to
commencing services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP # 10003 Design Services for the New Southeast Community Center
Page 4 of 36
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Design
Professionals to provide design services for the planned new Southeast Community
Center (SECC). This Request for Proposals (“RFP”) is intended to identify and be
awarded to one Design Professional, and the Agreement will be a Professional Services
Work Order Type Agreement.
The Southeast Community Center will be a collaborative effort between multiple
partners who will occupy and utilize this facility. It is to provide a vibrant, relevant,
enduring, and innovative community destination for generations of residents of Fort
Collins, the Poudre River Public Library District, and the Poudre School District, by
facilitating a one-stop access to recreation, aquatics, library services and resources.
Through partnership in the creation and operation of this facility, it will maximize and
enhance their investments. The new facility will provide increased convenience, better
services, and more varied uses than would be possible in separate facilities.
The potential size and scope of the project includes approximately 50K-90K of total
indoor square footage, including approximately 25,000 SF for Poudre River Public
Library District and 50,000 SF for City Recreation, and approximately 15,000 SF of
outdoor square footage. Amenities could include but are not limited to:
1. Outdoor leisure aquatics
2. Indoor leisure aquatics and lap lanes
3. Community Center which includes innovation spaces, flex spaces, and creation
spaces shared with the Poudre River Public Library District
4. Essential library space and innovation space
5. Gathering spaces
6. Office and support spaces
7. Indoor track
8. Childcare facility
B. Background
Fort Collins is a vibrant community of approximately 170,000 located 65 miles north of
Denver at the base of the foothills of the Rocky Mountains. The City is 57 square miles in
size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s
population includes over 37,000 college students.
Fort Collins has a comprehensive Recreation Department that offers thousands of
programs at ten facilities throughout the community. The Department’s equity and
inclusion focus is reflected in a robust Adaptive and Inclusive Recreation Opportunities
and the reduced fee program which removes financial barriers to participation. The
Department typically sees around 800,000 visitors and program participants each year.
Operation Services is a department within the City of Fort Collins organization, that
oversees facility maintenance, project development and project management for new
construction and major renovations. This department is responsible for all construction
associated with vertical building construction projects.
RFP # 10003 Design Services for the New Southeast Community Center
Page 5 of 36
Poudre River Library District was established in 2006 by voter approval. The District’s
shared resources serve more than 207,000 people across a vast 1,800 square-mile region
in northern Larimer County, Colorado. Anchored by three libraries in Fort Collins and a
robust Community Outreach Department, the District is dedicated to meeting diverse
communities’ needs, interests, and priorities with exceptional opportunities for learning
and personal enjoyment. In all its endeavors, the District aims to enrich the cultural,
educational, and economic life of the growing area which it serves.
Collectively, the City of Fort Collins and Poudre River Library District have established a
core group of decision-makers. This group, along with Wember (Owner’s Representative)
will be acting as the Owner.
II. SCOPE OF PROPOSAL
A. Scope of Work
Full professional design services are required with all related engineering disciplines,
including but not limited to the following:
1. Programming
2. Architecture
3. Interior Design
4. LEED/high-performance coordination and submittals; minimum will be LEED Gold,
however, Owner’s aspirational target is Net Zero
5. IDAP Coordination
6. Development and entitlement process
7. Incorporation of community survey data into the design (Owner to provide survey)
8. Incorporation of Geotechnical Investigations & Reports data into the design (Owner to
provide report)
9. Civil Engineering, including stormwater management
10. Utility Design and Coordination
11. Traffic Engineering/Parking Studies (if required)
12. Landscape Design
13. Structural Engineering
14. Mechanical and Plumbing Engineering
15. Electrical Engineering/Lighting Design
16. Tele/Data, IT, Security, and Audio/Visual Systems
17. Fire Alarm Design
18. Acoustical Engineering
19. Interior Design
20. Furniture, fixtures, and equipment (FF&E) (including review of options for selection,
specifications, bidding, installation, and punch lists)
21. Signage/ Wayfinding
22. Cost Estimate Validation
23. Scheduling
24. Public Outreach and Meetings (as required)
25. Collaboration with Owner and Owner’s Consultants (i.e. LEED, Cx, etc.)
26. BIM modeling (to include BIM Execution Plan), 3D modeling (virtual walk-thru)
RFP # 10003 Design Services for the New Southeast Community Center
Page 6 of 36
B. Coordination:
Coordination meetings with the Owner, State, municipalities, City agencies, utility
companies, other Owner consultants (including but not limited to sustainability and
technology consultants) and user groups shall be a continuing work item for the selected
Design Professional from the ‘Notice to Proceed’ through program review, LEED
coordination, grant assistance, schematic design, design development, construction
documents and through the construction and warranty phase. In particular, the Design
Professional shall comply with all provisions of the Local Building Code and all other related
codes, State requirements, Owner standards, City Ordinances and regulations, as well as
any covenants applicable to the property. It should be noted that the project will be managed
collaboratively through the Owners/Owner’s Representative’s online project management
system, including but not limited to Issues Management, RFI, ASI, Shop Drawings, Site
Photos, Field Reports, Meetings, etc.
C. Project Programming:
Upon the Owner’s acceptance of the Design & Approval Schedule, the Design Professional
shall proceed with the Project Programming phase. The Design Professional shall work
closely with the Owners and the eventually selected CM/GC to define the scope of work and
the project construction budget. The Design Professional shall provide a minimum of (3)
options of programming/conceptual plans for the Owners review for scope/budget
consideration. The Design Professional shall work with the Owners to determine the best
option to move forward with into the next phase.
D. Schematic Design:
Upon the Owner's acceptance and approval of the Program Verification, the Design
Professional shall proceed with the Schematic Design phase. The Schematic Design shall
be in the form of drawings and ancillary documents. It shall provide sufficient detail to show
base building modifications, site modifications, division of spaces, and to allow the CM/GC
to develop preliminary estimates of construction costs that will be reviewed and validated by
the Owner and the Design Professional. The Design Professional shall work with the
project team to develop the best overall option for approval prior to moving into the next
phase.
Specifically, the Schematic Design will address:
1. Development of plans which identify, at a minimum, the overall building massing, size,
and specific spaces to show adjacencies and confirm space requirements for both the
recreation and library functions.
2. MEP system narratives that may include up to three systems for review and discussion
for determining the best overall option to further develop.
3. Potential interior design features and options for use of materials
4. Base building features, including entries, exterior forms and overall potential detailing
5. Site modifications
6. Location and character of public open space, including rights of way
7. Public pedestrian and vehicular circulation
8. Compliance with applicable property covenants
9. Coordination with other consultants to develop sustainable approaches and options.
10. LEED and Grant status coordination and compliance
11. Graphic documentation as required by the Owner for fundraising and community
relations.
RFP # 10003 Design Services for the New Southeast Community Center
Page 7 of 36
12. Include static renderings for Board/City Council review. Provide a minimum of three
(3) interior renderings and three (3) exterior renderings, in addition to a colored-
annotated site plan. These maybe shared with the public.
E. Design Development:
Upon the Owner's approval of the Schematic Design, the Design Professional shall prepare
Design Development drawings and ancillary documents as required by the Owners, based
on the approved Schematic Design. Drawings and documents shall outline structural,
acoustical, interior design, mechanical, and electrical systems; all required building systems,
including detailed coordination and evaluation of design impacts on operation and
maintenance from input from the Owner’s personnel, building plans, and elevations.
Additionally, specifications, finish schedules, BIM Execution plan, BIM model (TBD), and
construction cost estimate validation shall be provided. Drawings and documents shall be
presented by the Design Professional to governing jurisdictions for approval. At the 90%
completion point of the Design Development phase, the Design Professional, in conjunction
with the Owner, shall confirm that the CM/GC cost estimate does not exceed the project
budget, including adequate contingency. At 100% Design Development, the Design
Professional, in conjunction with the Owner and the CM/GC, shall submit a site grading and
foundations package for construction permitting, if required.
At approximately a 60% stage, the Design Professional shall be ready for the BIM model
to provide a virtual walk-through of the facility. This virtual walk-through shall be at a level
which shows all spaces, materials, volumes, and details necessary for design feedback
and comment. An example may include a review by the lifeguard staff for potential blind
spot detection along a pool deck.
F. Construction Documents:
The Design Professional shall, upon Owner approval of the Design Development
Documents, prepare Final Construction Documents including drawings, specifications,
Owner furnished items information, and other documents as required to bid and construct
the project in its entirety. At the 90% point in developing this bid package, the Design
Professional shall furnish construction cost estimate validation of the CM/GC’s detailed cost
estimates (including possible alternates and allowances). A log of items required to be
submitted as part of the specifications shall be included.
Prior to final construction drawings, the Design Professional shall provide a final virtual
walk-through of the facility. At 100% completion, the BIM model shall be developed to a
minimum LOD 350. The BIM model shall also be shareable with the selected CM/GC and
subcontractors for their coordination and input.
G. Bidding:
The Design Professional shall work with the Owner and Owner’s Representative to issue
construction bid documents and addenda as required, respond to CM/GC's bid questions,
and shall review CM/GC submittals in conjunction with the Owner.
H. Plan Review and Permits:
At various review and approval stages or phases of the design effort, the Design
Professional shall deliver to the Owner electronic PDFs of all documentation needed to
complete the plan review and/or approval as applicable. Following the Owner's written
approval of the construction documents, the Design Professional shall submit stamped
RFP # 10003 Design Services for the New Southeast Community Center
Page 8 of 36
plans for permit and other governing approvals. Following the plan review process, the
Design Professional shall incorporate any required changes/comments into the
Construction Documents and shall coordinate with the CM/GC.
I. Construction Administration:
The Design Professional shall provide weekly construction observation reports during the
course of the Construction Phase, shall review and comment on all submittals,
assist/respond to CM/GC requests for information (RFI’s), prepare design ASIs as required
for proper direction for construction, review change order information for accuracy and
pricing (in conjunction with their consultants), attend weekly construction meetings, and
perform other services as required by the Owner to complete the Project. In collaboration
with the Owner and the CM/GC, the Design Professional shall prepare, monitor, and follow
through on the completion of outstanding items (punch list). Design Professional to be
present at 11 and 23 month warranty walk-throughs. Design Professional to also include
updating as-built drawings (in digital format).
The Owner requires the use of Procore, hosted by the City of Fort Collins.
J. Review and Coordination Meetings:
Sub-consultants shall be represented at all review, Building Inspection Division, Fire
Department, and other municipal agency meetings as required or applicable. Coordination
meetings will be led by the Design Professional, which will include working with utility
companies, City agencies, and user groups. Internal teams include but not limited to
working with vendors related to coordinating IT requirements, mechanical systems, and
FF&E.
K. Building Commissioning:
The Owner will retain the services of a Commissioning Agent during the design and
construction phase. The Design Professional shall cooperate with the Commissioning Agent
in all matters relating to the design and construction. A peer review of all items related to
commissioning will need to be completed.
L. Master Scope of Services Matrix:
Please refer to “Exhibit A - Master Scope of Services Matrix” for more information and
details related to the scope of services items. This matrix is an outline of the project scope
as defined by the Owner’s Representative; please complete and submit this form in
response to the “Cost and Work Hours” portion of the proposal submittal, and as a
separate document from the rest of your proposal.
M. Sustainability:
The Owner will retain the services of an independent Sustainability Consultant during the
design and construction phases. The Design Professional shall cooperate with the
Sustainability Consultant in all matters relating to the design and during construction,
including a peer review of all sustainability-related items. The Design Professional shall
consider additional meetings and other coordination as necessary during the design
phases. The Owner’s requirement is a minimum of LEED Gold with a goal of net zero.
B. Anticipated Schedule
The following represents the City’s target schedule for the RFP and the project. The City
reserves the right to amend the target schedule at any time.
RFP # 10003 Design Services for the New Southeast Community Center
Page 9 of 36
1. RFP issuance: June 28, 2024
2. Pre-Proposal Meeting: 8:30 AM MT on July 9, 2024
3. Question deadline: 3:00 PM MT on July 12, 2024
4. Final Addendum Issued: July 17, 2024
5. Proposal due date: 3:00 PM MT on July 26, 2024
6. Interviews (tentative): Week of August 12, 2024
7. Award of Contract (tentative): August 21, 2024
8. Contract Negotiation (anticipated) Late-August to mid-September 2024
9. Design Kick-Off (anticipated) Mid-September 2024
10. Completion of project (anticipated): Late 2027
C. Budget
The overall budget for the project has not been set yet, and the Design Professional and
the eventual CM/GC will be integral in providing the Owner team with data to help establish
the budget criteria. Funding will primarily be provided by the project partners, with some
potentially coming from grant and federal sources. For the purpose of the proposal,
please assume a target construction budget of $60 million; soft costs will be in
addition to this amount and will be carried by the Owner team.
D. Interviews
In addition to submitting a written proposal, the top-rated Design Professionals may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company and 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.
E. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Design Professional will be
required to provide original receipts to the City for all travel expenses.
F. Subcontractors/Subconsultants
Design Professional will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Design Professional; therefore, subcontractors and/or subconsultants will be the
responsibility of the Design Professional.
G. Financial Qualifications (CONFIDENTIAL)
Design Professionals selected as finalists may be required to submit a banking reference
and their most recent financial statement (audited preferred) including balance sheet and
income statement, as well as a statement of cash flows (the “Financial Information”).
H. Current standards
RFP # 10003 Design Services for the New Southeast Community Center
Page 10 of 36
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
I. Fees, Licenses, Permits
The successful Design Professional shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
J. Laws and Regulations
The Design Professional agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
K. Work Orders
The awarded Design Professional will be required to sign the City’s Professional Services
Agreement Work Order Type, a sample of which is attached as Section VI for reference
purposes.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Sample Agreement). Each Work Order must include a start and
completion date, total cost and a Scope of Work. Subsequent supporting documentation
pages may include a project schedule, deliverables, hours, cost detail supporting total
cost, and personnel details. Fees outlined in the Work Order will conform with those stated
in the Agreement.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Design Professional, designated Owner authority, 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 Design
Professional, designated Owner authority, and Purchasing Department representative.
L. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Owner
Representative, bkardos@wemberinc.com. The cost of the work completed shall be paid
to the Design Professional each month following the submittal of a correct invoice by the
Design Professional indicating the project name, Purchase Order number, task
description, hours worked, personnel/work type category, hourly rate for each
employee/work type category, date of the work performed specific to the task, percentage
of that work that has been completed by task, 3rd party supporting documentation with the
same detail, and a brief progress report.
RFP # 10003 Design Services for the New Southeast Community Center
Page 11 of 36
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Design Professional and the City will negotiate an appropriate unit price for the service
prior to the Design Professional initiating such work. The City pays undisputed invoices
on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of forty (40) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers, and Acknowledgement forms). 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. Links to other files or websites
shall not be permitted. Proposals that do not conform to these requirements may be rejected.
Design Professionals are required to provide detailed written responses to the following items
in the order outlined below. The responses shall be considered technical offers of what Design
Professionals propose to provide and shall be incorporated in the contract award as deemed
appropriate by the Owner. 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 Design
Professional include each of the Owner’s questions with their responses.
The Owner shall not reimburse any Design Professional 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
services offered, including a general description of the services 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 Anticipated Schedule section.
B. Design Professional Information
1. Describe the Design Professional’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices (If multiple, please identify which will be the primary for the SECC
project)
7. Primary contact information for the company, including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s)
RFP # 10003 Design Services for the New Southeast Community Center
Page 12 of 36
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
Owner to consider.
2. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
3. Identify the planned schedule to achieve the scope of work, and if it can be completed
in the necessary timeframe, with target start and completion dates met.
4. Describe the methods and timeline of communication your firm will use with the Owner
team and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Provide your experience utilizing Procore.
7. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
8. Is the project team available to attend meetings as required by the Scope of Work?
9. Are other qualified personnel available to assist in meeting the project schedule if
required?
10. Identify what portion of work, if any, may be subcontracted or outsourced to sub-
consultants. Include all applicable information herein requested for the Design
Professional.
D. SECC-Specific Items
The Ownership team is very interested in creating innovative spaces. The expectation is
that the Design Professional will bring innovative and creative solutions to the Project
Team.
1. How would you propose to address creating innovation spaces as a part of your
design?
2. How would you capitalize on the unique partnership of the project stakeholders to
create a cohesive, co-located experience for the users of the facility?
3. Explain or provide ideas on how to take the SECC from the LEED Gold baseline
expectation to a net-zero facility.
E. Design Professional Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: This section shall provide an
organization chart containing the names of all key personnel and subconsultants,
along with their titles and specific task assignments for this Agreement.
2. Provide resumes for each professional and technical person to be assigned to the
project, including partners, sub-consultants, and subcontractors who will interact with
RFP # 10003 Design Services for the New Southeast Community Center
Page 13 of 36
the team regularly. Please limit resumes to one page. The résumés shall include at
least three individual references from previous assignments.
3. A list of qualifications for your firm and the qualifications and experience of the specific
staff members proposed to perform the services described above.
4. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/sub-consultants proposed
to work on this project. Include the owner’s name, the project title, beginning price,
ending price, contact name, email, phone number, sub-consultants on the team, and
a brief description of the work and any change orders. The Design Professional
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
5. Provide your team’s experience with libraries in the last 7 years. This is for the team
members, not the firms or the firm’s experience.
6. Provide your team’s experience on aquatic projects in the last 10 years. This is for the
team members, not the firm's experience.
7. Provide any information that distinguishes the Design Professional from its competition
and any additional information applicable to this RFP that might be valuable in
assessing the Design Professional’s proposal.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social, environmental,
and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace.
Provide examples along with any metrics used to measure success within your firm.
2. Also, provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Design Professional. Some examples are provided below:
a. Environmental – Experience delivering projects/programs focused on
environmental health priorities in the areas of climate resiliency, water quality and
watershed protection, regulatory performance, management systems, air quality,
renewable energy, sustainable building and design, construction materials
management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis on
strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments, aging
infrastructure, repurposing of existing facilities, and competing financial priorities.
c. Social – Experience working and delivering projects, programs, and/or initiatives
that support Equity, Diversity, and Inclusion throughout your firm’s workplace,
including leadership and supply chain. Examples of this may be a demonstration
of working within cultural and language gaps, development of diversity programs,
RFP # 10003 Design Services for the New Southeast Community Center
Page 14 of 36
diverse project teams, equitable opportunity vendor supply chain, and how your
firm has applied an equity lens to processes such as recruitment, hiring,
purchasing, career pathways, salaries, and staff engagement.
3. Provide the list of LEED Projects you have completed in the last 5 years and the level
of certification achieved or anticipated.
G. Cost and Work Hours (Submit all cost information as a separate document from
the rest of the proposal)
In your response to this RFP, please provide the following:
1. Estimated Costs: Provide estimated costs as indicated in Exhibit A – Master Scope
of Services Matrix.
2. Cost by Milestone: Provide the cost of each milestone (Conceptual, Schematic,
Design, Construction Documents, and Construction Administration). Provide a total
not to exceed cost for the Scope of Proposal. Provide monthly cost for construction
administration. Price all additional services/deliverables separately. Provide any
additional cost for utilizing Procore.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used to
determine fees should additional services be necessary. Provide monthly fees for
Construction Administration. Include a per-meeting rate if applicable, and in the event
additional meetings are needed beyond what your proposal determines. If used, a fee
schedule for sub-consultants/subcontractors shall be included.
4. All direct costs (e.g., travel, printing, postage, etc.) must be identified and specifically
attributed to the project and not included in the billing rates. Reasonable expenses
may be reimbursable as per the current rates found at www.gsa.gov. The Design
Professional will be required to provide the City with original receipts for all travel
expenses.
H. Sample Agreement
Included with this request for proposals is a sample Agreement that the Owner intends to
use to obtain the services of the Design Professional. The Design Professional is required
to review this Agreement and indicate any objections to the terms of the contract. If
revisions to the contractual terms are requested, provide suggested revisions.
I. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Design Professional hereby acknowledges receipt of the Owner’s RFP and
acknowledges that the Design Professional has read and agrees to be fully bound by all
of the terms, conditions, and other provisions set forth in the RFP.
RFP # 10003 Design Services for the New Southeast Community Center
Page 15 of 36
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Design Professionals will be evaluated on the following criteria. This set of criteria will be
the basis for review and assessment of the written proposals and optional interview
session. At the discretion of the City, interviews of the top-rated Design Professionals may
be conducted.
The rating scale shall be from 1 to 10; a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an understanding
of the project objectives, methodology to be
used, and results/outcomes required by the
project? Are there any exceptions to the
specifications, Scope of Work, or agreement?
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?
2.5
Design Professional
Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity, and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
2.0 Relevant Project
Experience
Does the firm and more importantly the
proposed team have aquatics, library, and
recreation experience, as well as municipal
project and/or multi-party project experience?
1.0 SECC-Specific
Items
Does the proposal address each question
identified in the Proposal Submittal section? Do
the responses provide a unique approach and
methodology to the project?
1.5 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
RFP # 10003 Design Services for the New Southeast Community Center
Page 16 of 36
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
1.0 Costs and Work
Hours
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Are the work
costs presented reasonable for the effort
required by each project task or phase? Did firm
provide cost information separate from their
proposal?
RFP # 10003 Design Services for the New Southeast Community Center
Page 17 of 36
V. ACKNOWLEDGEMENT
Design Professional hereby acknowledges receipt of the City of Fort Collins Request for
Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms,
conditions and other provisions set forth in the RFP #10003 Design Services for the Southeast
Community Center and sample Agreement except as otherwise noted. Additionally, Design
Professional hereby makes the following representations to City:
A. All of the statements and representations made in this proposal are true to the best of the
Design Professional’s knowledge and belief.
B. Design Professional commits that it is able to meet the terms provided in this proposal.
C. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
D. Design Professional further agrees that the method of award is acceptable.
E. Design Professional also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated Design
Professional.
F. Design Professional acknowledges receipt of addenda.
G. Design Professional acknowledges no conflict of interest.
H. Design Professional acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING”.In this version of the proposal, Professionals may redact
text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will
be considered public records subject to disclosure under CORA and as such pricing
cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to
provide a public viewing copy will be considered a waiver of any claim of confidentiality
under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not
necessarily exempt such documentation from public disclosure if required by CORA, by
order of a court of appropriate jurisdiction, or other applicable law. Generally, under
CORA, trade secrets, confidential commercial information and financial data information
may not be disclosed by the City. Proposals may not be marked “Confidential” or
“Proprietary” in their entirety. By responding to this RFP, Professionals hereby waives any
and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
RFP # 10003 Design Services for the New Southeast Community Center
Page 18 of 36
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP # 10003 Design Services for the New Southeast Community Center
Page 19 of 36
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and
entered into the day and year set forth in Section 4 below by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and POUDRE RIVER PUBLIC
LIBRARY DISTRICT (DISTRICT) (jointly, OWNERS); and , a(n) [enter state] [business type]
(DESIGN PROFESSIONAL).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The DESIGN PROFESSIONAL agrees to provide Services in accordance
with any project Work Orders for 10003 Design Services For The Southeast Community
Center, issued by the CITY and countersigned by the DISTRICT. Such Work Orders will be
incorporated into this Agreement. A blank sample of a Work Order is attached hereto as
Exhibit A, consisting of [# of Pages] and incorporated herein. A general Scope of Services
is attached hereto as Exhibit B, consisting of [# of Pages] and incorporated herein.
OWNERS reserve the right to independently solicit any project rather than issuing a Work
Order to the DESIGN PROFESSIONAL for the same pursuant to this AGREEMENT.
Irrespective of references to certain named third parties within this AGREEMENT or any
Work Order, the DESIGN PROFESSIONAL shall be solely responsible for performance of
all duties hereunder. The term Service as used in this AGREEMENT shall include the
Services and deliverables contained in any Work Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service. Changes
shall be agreed upon in writing by the parties by Change Order, a sample of which is
attached hereto as Exhibit C, consisting of [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective Date) and
shall continue in full force and effect until , 20 , unless sooner terminated as herein
provided. In addition, at the option of the OWNERS, the AGREEMENT may be extended
for additional one (1) year periods not to exceed [choose one] additional one-year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties only at
the time of renewal. Written notice of renewal shall be provided to the DESIGN
PROFESSIONAL no later than thirty (30) days before AGREEMENT end. Should written
RFP # 10003 Design Services for the New Southeast Community Center
Page 20 of 36
notice of renewal be delayed, the parties agree that this AGREEMENT may automatically
extend on a month-to-month basis until a renewal is completed. Upon expiration of the final
renewal term, the AGREEMENT may continue but not to exceed one (1) year if required to
complete any active Work Orders in accordance with Section 8-186 of City Code.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the
OWNERS may terminate this AGREEMENT at any time without cause or penalty by
providing at least ten (10) calendar days written notice of termination to the DESIGN
PROFESSIONAL.
In the event of early termination by the OWNERS, the DESIGN PROFESSIONAL shall be
paid for Services rendered up to the date of termination, subject to the satisfactory
performance of the DESIGN PROFESSIONAL's obligations under this AGREEMENT.
DESIGN PROFESSIONAL shall submit a final invoice within ten (10) calendar days of the
effective date of termination. Payment shall be the DESIGN PROFESSIONAL's sole right
and remedy for termination.
6. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
DESIGN PROFESSIONAL: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn: Eric Cluver
PO Box 580
Fort Collins, CO 80522
ecluver@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
Copy to: Copy to:
City of Fort Collins Poudre River Public Library District
Attn: LeAnn Williams Attn: Ken Draves
PO Box 580 Webster House Administration Center
Fort Collins, CO 80522 301 E. Olive St.
Lwilliams@fcgov.com Fort Collins, CO 80524
kdraves@poudrelibraries.org
All notices under this AGREEMENT shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY and the DISTRICT each agree to pay XX% of the DESIGN
PROFESSIONAL [choose one] as designated in Exhibit D, consisting of [# of Pages],
attached and incorporated herein. At the election of the OWNERS, each Work Order may
contain a maximum fee, which shall be negotiated by the parties hereto for each Work
Order. Partial payments based upon the DESIGN PROFESSIONAL’s billings and itemized
statements are permissible as defined in the applicable Work Order. The amounts of any
partial payments shall be based upon the DESIGN PROFESSIONAL’s City-verified
progress in completing the Service(s) to be performed pursuant to the Work Order and upon
RFP # 10003 Design Services for the New Southeast Community Center
Page 21 of 36
approval of the DESIGN PROFESSIONAL’s direct reimbursable expenses. Payment shall
be made following acceptance of the Services by the CITY.
30. Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Owners
Representative bkardos@wemberinc.com. The cost of the Services completed shall be
paid to the DESIGN PROFESSIONAL following the submittal of a correct itemized
invoice by the DESIGN PROFESSIONAL. The OWNERS are exempt from sales and
use tax. The CITY’s Certificate of Exemption license number is 09804502. The District's
Certificate of Exemption license number is 04256804-0000. A copy of the license is
available upon written request.
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal to the
CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s approval.
The District shall reimburse the City for its share of the expenses for each invoice within 30 days
from the City’s request for reimbursement.
8. Design and Service Standards. The DESIGN PROFESSIONAL warrants and shall be
responsible for the professional quality, technical accuracy, accessibility requirements
under ADA and Public Accommodations and Technology Accessibility sections below,
timely completion and the coordination of all Services rendered by the DESIGN
PROFESSIONAL, and the Project Instruments as defined in the Project Instruments and
License section below. The DESIGN PROFESSIONAL shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies
from such standards.
9. Indemnification. The DESIGN PROFESSIONAL shall indemnify, defend, and hold harmless
the OWNERS and its officers and employees, to the maximum extent permitted under
Colorado law, against and from any and all actions, suits, claims, demands, or liability of
any character whatsoever claimed by the DESIGN PROFESSIONAL or third parties against
the OWNERS arising out of or related to this AGREEMENT (not limited to contract, tort,
intellectual property, accessibility, or otherwise). This obligation extends to reimbursement
of the OWNERS's costs and reasonable attorney’s fees.
10. Insurance. The DESIGN PROFESSIONAL shall maintain insurance in accordance with
Exhibit [choose one], consisting of [# of Pages], attached hereto and incorporated herein.
11. Appropriation. To the extent this AGREEMENT, or any provision in it, requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the OWNERS, it shall be subject to annual
appropriation by the Fort Collins City Council as required in Article V, Section 8(b) of the
City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado
Constitution. The OWNERS shall have no obligation to continue this AGREEMENT in any
fiscal year for which there are no pledged cash reserves or supporting appropriations
pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the
OWNERS shall not be construed as a breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the DESIGN PROFESSIONAL grants to the
OWNERS an irrevocable, unlimited and royalty free license to use any and all sketches,
drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies,
RFP # 10003 Design Services for the New Southeast Community Center
Page 22 of 36
analysis, renderings, models, plans, reports, and other Work Order deliverables (Project
Instruments), in any form whatsoever and in any medium expressed, for purposes of
constructing, using, maintaining, altering and adding to the project, provided that the
OWNERS substantially performs its obligations under the AGREEMENT. The license
granted hereunder permits the OWNERS and third parties reasonably authorized by the
OWNERS to reproduce applicable portions of the Project Instruments for use in
performing the Services or construction for the project. In addition, the license granted
hereunder shall permit the OWNERS and third parties reasonably authorized by the
OWNERS to reproduce and utilize the Project Instruments for similar projects, provided
however, in such event the DESIGN PROFESSIONAL shall not be held responsible for
the design to the extent the OWNERS deviates from the Project Instruments. This
license shall survive termination of the AGREEMENT by default or otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
DESIGN PROFESSIONAL shall become the OWNERS’s property. The DESIGN
PROFESSIONAL shall provide the OWNERS with the Project Instruments in electronic
format in a mutually agreed upon file type.
13. City Project Manager. The CITY’s and DISTRICT's Project Manager will be shown on the
specific Work Order and shall make, within the scope of the Project Managers' authority,
all necessary and proper decisions with reference to the Service(s) requested in
consultation with the DISTRICT's Project Manager, Ken Draves. PROFESSIONAL is
entitled to rely on representations and instructions from the CITY's Project Manager who
is the authorized agent of the DISTRICT for purposes of communications concerning any
Work Order signed by both Project Managers.
14. Project Status Report. A project status report is required to accompany all invoices and shall
be submitted to the CITY and DISTRICT Project Manager. The progress status report shall
contain a written report of the status of the Service(s) with respect to the Scope of Services,
project schedule, previous invoices, outstanding balance, percent billed and other material
information. Failure to provide any required report may, at the option of the OWNERS,
suspend the processing of any payment request.
15. Independent Contractor. The Services to be performed by the DESIGN PROFESSIONAL
are those of an independent contractor and not of an employee of the OWNERS. The
OWNERS shall not be responsible for withholding any portion of the DESIGN
PROFESSIONAL's compensation hereunder for the payment of FICA, Workers'
Compensation, unemployment insurance, other taxes or benefits or for any other purpose.
16. Personal Services. It is understood that the OWNERS enters into this AGREEMENT based
on the special abilities of the DESIGN PROFESSIONAL and that this AGREEMENT shall
be considered as an AGREEMENT for personal services. Accordingly, the DESIGN
PROFESSIONAL shall neither assign any responsibilities nor delegate any duties arising
under this AGREEMENT without the prior written consent of the OWNERS.
17. Subcontractors/Subconsultants. The DESIGN PROFESSIONAL may not subcontract any
of the Service(s) set forth in any Work Order without the prior written consent of the
OWNERS, which shall not be unreasonably withheld. If any of the Services is
subcontracted hereunder, with the consent of the OWNERS, then the following provisions
shall apply:
RFP # 10003 Design Services for the New Southeast Community Center
Page 23 of 36
a. the subcontractor/subconsultant must be a reputable, qualified firm with an established
record of successful performance in its respective trade performing identical or
substantially similar Services;
b. the subcontractor/subconsultant will be required to comply with all applicable terms of
this AGREEMENT;
c. the subcontract will not create any contractual relationship between any
subcontractor/subconsultant and the OWNERS, nor will it obligate the OWNERS to pay
or see to the payment of any subcontractor/subconsultant; and
d. the Services of the subcontractor/subconsultant will be subject to inspection by the
OWNERS to the same extent as the Service(s) of the DESIGN PROFESSIONAL.
The DESIGN PROFESSIONAL shall require all subcontractor/subconsultants performing
Service(s) hereunder to maintain insurance coverage naming the CITY and POUDRE
RIVER PUBLIC LIBRARY DISTRICT as an additional insured under this AGREEMENT in
accordance with Exhibit [choose one]. The DESIGN PROFESSIONAL shall maintain a copy
of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon
request, the DESIGN PROFESSIONAL shall promptly provide the CITY with a copy of the
certificate(s) within two (2) business days.
The DESIGN PROFESSIONAL shall be responsible for any liability directly or indirectly arising out of
the Services performed under this AGREEMENT by a subcontractor/subconsultant, which liability is
not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The OWNERS' approval of Project Instruments furnished
hereunder shall not in any way relieve the DESIGN PROFESSIONAL of responsibility for
the quality or technical accuracy of the Services. The OWNERS' 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 OWNERS under this AGREEMENT.
19. Default. Each and every term and condition hereof shall be deemed to be a material
element of this AGREEMENT. In the event either party should fail to or refuse to perform
according to the terms of this AGREEMENT, that party may be declared in default upon
notice.
20. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the AGREEMENT and seek damages;
b. treat the AGREEMENT as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
RFP # 10003 Design Services for the New Southeast Community Center
Page 24 of 36
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties. Covenants or
representations not contained in this AGREEMENT shall not be binding on the parties. In
the event of a conflict between the terms of the AGREEMENT and any exhibit or attachment,
the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT
affirms that they have the necessary authority to sign on behalf of their respective party and
to bind such party to the terms of this AGREEMENT.
22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY subsequently agrees in writing that the matter may be heard in federal court, venue
will be in U.S. District Court for the District of Colorado. In the event any provision of this
AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction,
that holding shall not invalidate or render unenforceable any other provision of this
AGREEMENT.
23. Prohibition Against Unlawful Discrimination. The DESIGN PROFESSIONAL acknowledges
that the CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252, 42 US.C. § 2000d to 2000d-4) , C.R.S. § 24‑34-401, and any associated
State or Federal laws and regulations, strictly prohibits unlawful discrimination based on an
individual’s gender (regardless of gender identity or gender expression), race, color, religion,
creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to CITY
policy, sexual orientation means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the CITY strictly
prohibits unlawful retaliation against a person who engages in protected activity. Protected
activity includes an employee complaining that the employee has been discriminated
against in violation of the above policy or participating in an employment discrimination
proceeding.
The DESIGN PROFESSIONAL shall comply with the CITY’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party subcontractors/subconsultants at every tier.
24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
DESIGN PROFESSIONAL agrees to meet all the requirements of the Americans with
Disabilities Act of 1990, C.R.S. § 24‑85‑101, and all applicable rules and regulations (ADA),
and all applicable Colorado public accommodation laws, which are imposed directly on the
DESIGN PROFESSIONAL or which would be imposed on the OWNERS as a public entity.
25. Technology Accessibility. The DESIGN PROFESSIONAL represents that the Project
Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. §
24‑85‑101, and the Accessibility Standards for Individuals with a Disability, as established
RFP # 10003 Design Services for the New Southeast Community Center
Page 25 of 36
by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to
C.R.S. § 24‑85‑103 (2.5), including all updates and amendments to those standards as
provided by the OIT. The DESIGN PROFESSIONAL shall also comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in
the State of Colorado technology standards.
To confirm that the Project Instruments meet these standards, the DESIGN
PROFESSIONAL may be required to demonstrate compliance. The DESIGN
PROFESSIONAL shall indemnify, save, and hold harmless the OWNERS against any and
all costs, expenses, claims, damages, liability, court awards and other amounts (including
attorneys’ fees and related costs) incurred by the OWNERS in relation to the DESIGN
PROFESSIONAL’s failure to comply with C.R.S. § 24-85-101, or the Accessibility Standards
for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24‑85‑103 (2.5).
The OWNERS may require the DESIGN PROFESSIONAL’s compliance to the State’s
Accessibility Standards to be determined by a third party selected by the OWNERS to attest
to the Project Instruments and software compliance with C.R.S. § 24‑85‑101, and the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24‑85‑103 (2.5).
26. Data Privacy. DESIGN PROFESSIONAL will comply with all applicable data privacy
regulations and laws, specifically including Colorado’s Privacy Act C.R.S. § 6‑1‑1301 et.
seq. (the Privacy Act). DESIGN PROFESSIONAL shall ensure that each person processing
any personal data connected to the Services is subject to a duty of confidentiality with
respect to the data. If applicable, DESIGN PROFESSIONAL shall require that any
subcontractors meet the obligations of DESIGN PROFESSIONAL with respect to any
personal data connected to this AGREEMENT and corresponding Work Orders. The Parties
agree that upon termination of the Services that DESIGN PROFESSIONAL shall, at the
OWNERS’ choice, delete or return all personal data to the OWNERS unless retention of the
personal data is required by law. DESIGN PROFESSIONAL shall make available to the
OWNERS all information necessary to demonstrate compliance with the obligations of the
Privacy Act. DESIGN PROFESSIONAL shall allow for, and contribute to, reasonable audits
and inspections by the OWNERS or the OWNERS’ designated auditor.
27. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed
or interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable
law.
28. Colorado Open Records Act. The DESIGN PROFESSIONAL acknowledges the OWNERS
is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200
(CORA), and documents in the OWNERS’s possession may be considered public records
subject to disclosure under CORA. The DESIGN PROFESSIONAL hereby waives any claim
for damages against the OWNERS for the OWNERS’ efforts to comply with CORA.
29. Delay. Time is of the essence. Subject to Force Majeure section of this AGREEMENT, if the
DESIGN PROFESSIONAL is temporarily delayed in whole or in part from performing its
RFP # 10003 Design Services for the New Southeast Community Center
Page 26 of 36
obligations, then the DESIGN PROFESSIONAL shall provide written notice to the OWNERS
within two (2) business days defining the nature of the delay. Provision of written notice
under this Section shall not operate as a waiver of any rights or benefits provided to the
OWNERS under this AGREEMENT.
30. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the DESIGN PROFESSIONAL must provide notice to the OWNERS
of such condition within ten (10) days from the onset of the condition.
31. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages, attached hereto and incorporated herein by this
reference.
32. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
33. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work Order,
or other attachment that requires the OWNERS to indemnify or hold DESIGN
PROFESSIONAL harmless; requires the OWNERS to agree to binding arbitration; limits
DESIGN PROFESSIONAL’s liability; or that conflicts with statute, City Charter or City Code
in any way, shall be void.
[Signature Page Follows]
RFP # 10003 Design Services for the New Southeast Community Center
Page 27 of 36
THE CITY OF FORT COLLINS, COLORADO
By: _____________________
Gerry Paul
Purchasing Director
Date: _____________________
ATTEST:
_____________________
_____________________
APPROVED AS TO FORM:
POUDRE RIVER PUBLIC LIBRARY DISTRICT
By: _____________________
Date: _____________________
ATTEST:
_____________________
DESIGN PROFESSIONAL'S NAME
By: _____________________
Printed: _____________________
Title: _____________________
Date: _____________________
RFP # 10003 Design Services for the New Southeast Community Center
Page 28 of 36
EXHIBIT A
WORK ORDER FORM
PURSUANT TO A PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DESIGN PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE: 10003 Design Services for the Southeast Community Center
ORIGINAL BID/RFP NUMBER & NAME:
PROFESSIONAL MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
DESIGN PROFESSIONAL agrees to perform the Service(s) identified above and on the attached
forms in accordance with and subject to the terms and conditions contained herein and in the
Master Services Agreement (AGREEMENT) between the parties. This Work Order is
incorporated into the AGREEMENT, and the AGREEMENT and all prior amendments or other
modifications to the AGREEMENT, if any, remain in full force and effect. In the event of a conflict
between or ambiguity in the terms of the AGREEMENT and this Work Order (including the
attached forms) the AGREEMENT as set forth in the Order of Precedence section of the
AGREEMENT shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
DESIGN PROFESSIONAL: _____________________ Date:
Name, Title
ACCEPTANCE: __________________________ Date: Eric Cluver, Lead Sr Facilities Project Manager
ACCEPTANCE: __________________________ Date:
LeAnn Williams, Director of Recreation
REVIEWED: __________________________ Date: Adam Hill, Senior Buyer
ACKNOWLEDGED: __________________________ Date: Ken Draves, District Project Manager
ACCEPTANCE: __________________________ Date: Gerry Paul, Purchasing Director If > $60K
RFP # 10003 Design Services for the New Southeast Community Center
Page 29 of 36
EXHIBIT B
GENERAL SCOPE OF WORK
RFP # 10003 Design Services for the New Southeast Community Center
Page 30 of 36
EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
DESIGN PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME: 10003 Design Services for the Southeast Community
Center
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
DESIGN PROFESSIONAL: _____________________ Date: Name, Title
ACCEPTANCE: __________________________ Date: Eric Cluver, Lead Sr Facilities Project Manager
ACCEPTANCE: __________________________ Date:
LeAnn Williams, Director of Recreation
REVIEWED: __________________________ Date: Adam Hill, Senior Buyer
ACKNOWLEDGED: __________________________ Date: Ken Draves, District Project Manager
ACCEPTANCE: __________________________ Date: Gerry Paul, Purchasing Director If > $60K
RFP # 10003 Design Services for the New Southeast Community Center
Page 31 of 36
EXHIBIT D
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
RFP # 10003 Design Services for the New Southeast Community Center
Page 32 of 36
EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
The DESIGN PROFESSIONAL will provide, from insurance companies acceptable to the
OWNERS, the insurance coverage designated hereinafter and pay all costs. Before commencing
work under this bid, the DESIGN PROFESSIONAL shall furnish the OWNERS with certificates of
insurance showing the type, amount, class of operations covered, effective dates and date of
expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the OWNERS, at its option,
may take out and maintain, at the expense of the DESIGN PROFESSIONAL, insurance as the
OWNERS may deem proper and may deduct the cost of the insurance from any monies which
may be due or become due the DESIGN PROFESSIONAL under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The OWNERS, their officers, agents and employees shall be named as additional insureds
on the DESIGN PROFESSIONAL 's general liability and automobile liability insurance
policies by marking the appropriate box or adding a statement to this effect on the
certificate, for any claims arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation and Employer's Liability. The DESIGN PROFESSIONAL shall
maintain Workers’ Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the DESIGN PROFESSIONAL's employees engaged in work
performed under this AGREEMENT. Workers' Compensation and Employer’s Liability
insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The DESIGN PROFESSIONAL shall maintain during the life of this
AGREEMENT General Liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this
AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The
amount of insurance for General Liability shall not be less than $1,000,000 combined
single limits for bodily injury and property damage.
C. Automobile Liability. The DESIGN PROFESSIONAL shall maintain during the life of this
AGREEMENT Automobile Liability insurance as will provide coverage for damage claims
of personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this
AGREEMENT. Coverage for property damage shall be on a (broad form) basis. The
amount of insurance for Automobile Liability shall not be less than $1,000,000 combined
single limits for bodily injury and property damage.
D. Errors and Omissions. The DESIGN PROFESSIONAL shall maintain errors and
omissions insurance in the amount of $1,000,000.
E. In the event any work is performed by a subcontractor/subconsultant, the DESIGN
PROFESSIONAL shall be responsible for any liability directly or indirectly arising out of
RFP # 10003 Design Services for the New Southeast Community Center
Page 33 of 36
the work performed under this AGREEMENT by a subcontractor/subconsultant, which
liability is not covered by the subcontractor/subconsultant's insurance.
RFP # 10003 Design Services for the New Southeast Community Center
Page 34 of 36
EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by DESIGN PROFESSIONAL
under this AGREEMENT, the parties agree to comply with reasonable policies and procedures
with regard to the exchange and handling of confidential information and other sensitive materials
between the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, OWNERS customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, DESIGN PROFESSIONAL shall treat as Confidential Information
all customer identifiable information in any form, whether or not bearing a mark of
confidentiality or otherwise requested by the OWNERS, including but not limited to the non-
exclusive list of Confidential Information above. In the case of disclosure in non-documentary
form of non-customer identifiable information, made orally or by visual inspection, the
Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to
confirm in writing the fact and general nature of each disclosure within a reasonable time after
it is made in order that it is treated as Confidential Information. Any information disclosed to
the other party before the execution of this AGREEMENT and related to the services for which
DESIGN PROFESSIONAL has been engaged shall be considered in the same manner and
be subject to the same treatment as the information disclosed after the execution of this
AGREEMENT with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The OWNERS and DESIGN
PROFESSIONAL shall cause each of their directors, officers, employees, agents,
representatives, and subcontractors to become familiar with, and abide by, the terms of this
Exhibit, which shall survive this AGREEMENT as an on-going obligation of the Parties.
DESIGN PROFESSIONAL shall not use such information to obtain any economic or other
benefit for itself, or any third party, other than in the performance of obligations under this
AGREEMENT.
RFP # 10003 Design Services for the New Southeast Community Center
Page 35 of 36
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, DESIGN PROFESSIONAL must implement reasonable policies and procedures
to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft
Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, DESIGN
PROFESSIONAL must take appropriate steps to mitigate identity theft if it occurs with any of
the OWNERS’ covered information and must notify the OWNERS in writing within twenty-four
(24) hours of discovery of any breaches of security or Red Flags to the OWNERS.
7. Data Protection and Data Security.
DESIGN PROFESSIONAL shall have in place information security safeguards designed to
conform to or exceed industry best practices regarding the protection of the confidentiality,
integrity and availability of Confidential Information and shall have written agreements
requiring any subcontractor to meet those standards. These information security safeguards
(the “Information Security Program”) shall be materially consistent with, or more stringent than,
the safeguards described in this Exhibit.
(a) DESIGN PROFESSIONAL’s information security safeguards shall address the following
elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
RFP # 10003 Design Services for the New Southeast Community Center
Page 36 of 36
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. DESIGN PROFESSIONAL may use subcontractors, though such activity
shall not release or absolve DESIGN PROFESSIONAL from the obligation to satisfy all
conditions of this AGREEMENT, including the data security measures described in this
Exhibit, and to require a substantially similar level of data security, appropriate to the types
of services provided and Confidential Information received, for any subcontractor DESIGN
PROFESSIONAL may use. Accordingly, any release of data, confidential information, or
failure to protect information under this AGREEMENT by a subcontractor or affiliated party
shall be attributed to DESIGN PROFESSIONAL and may be considered to be a material
breach of this AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the DESIGN PROFESSIONAL can ensure security for the Confidential
Information so stored. Workstations or laptops to be used in the Services will be required to
have personal firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the OWNERS in writing.
10. Termination Remedy. If DESIGN PROFESSIONAL breaches any of the terms of this Exhibit,
in the OWNERS’ sole discretion, the OWNERS may immediately terminate this AGREEMENT
and withdraw DESIGN PROFESSIONAL’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. DESIGN PROFESSIONAL Receiving Party acknowledges that the
Disclosing Party may, based upon the representations made in this AGREEMENT, disclose
security information that is critical to the continued success of the Discloser’s business.
Accordingly, Receiving Party agrees that the Disclosing Party does not have an adequate
remedy at law for breach of this AGREEMENT and therefore, the Disclosing Party shall be
entitled, as a non-exclusive remedy, and in addition to an action for damages, to seek and
obtain an injunction or decree of specific performance or any other remedy, from a court of
competent jurisdiction to enjoin or remedy any violation of this AGREEMENT.