HomeMy WebLinkAboutRB + B ARCHITECTS - CONTRACT - RFP - 7421 CITY ARCHITECTURAL & ENGINEERING WORK ORDER CPROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and RB+B Architects, Inc., hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with any project Work Orders for 7421 City Architectural & Engineering Work Order Contract,
issued by the City. A blank sample of a work order and general scope of services overview are
attached hereto as Exhibit "A", consisting of five (5) pages and is incorporated herein by this
reference. The City reserves the right to independently bid any project rather than issuing a
Work Order to the Professional for the same pursuant to this Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence November 1, 2012, and shall
continue in full force and effect until October 31, 2012, 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. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
RFP 7421 City Architectural & Engineering Work Order Contract Page 1 of 39
SCOPE OF SERVICES GENERAL OVERVIEW
I. SCOPE OF SERVICES
The firm selected will provide a wide range of professional Architectural/Engineering Services
described in this document to meet the City's needs on an as -needed basis. Any City
Department may use these services, however all requests for work should be initiated through
the Operations Services Department. Performance of these services will be based upon the
City of Fort Collins Building Design Standards. The most current version can be found on the
City of Fort Collins Operations Services website at: www.fcgov.com. Any deviation from these
standards must be reviewed by the Operations Services Department Acting Professional
Services Contract Administrator and must be subsequently approved in advance by the
Operations Services Department Director.
The selected firm shall submit, to the Operations Services Department via the Acting
Professional Services Contract Administrator. a quarterly report consisting of a brief summary of
work performed per project or work request, including phase of design, cost update, and shall
also include the name of the City department representative (primary contact person) requesting
the work.
The City has included Federal Transit Administration guidelines and requirements in the
Request for Proposal #7421 so that the contract me be used on specific federal projects.
Following these requirements, when they apply, shall be a part of the scope of work of the City
Work Order contract. See these requirements as delineated in City of Fort Collins Request For
Proposal #7421. If a discrepancy in language is found between the City Work Order contract
and the Federal Requirements attached to the RFP, please contact the Operations Services
Acting Professional Services Contract Administrator.
II. WORK ORDER PROCEDURES
Work performed pursuant to the Professional Services Agreement may be authorized by Work
Order. Signed work orders must be issued for any work. No Work Order shall exceed $75,000.
The Professional shall provide all personnel, equipment and supplies necessary to complete the
professional services set forth in the Scope of Work. Total project time, any retainage clause,
and any applicable liquidated damages clause will be determined as part of the project Work
Order for each individual project.
This is an indefinite quantity Work Order contract with no fixed maximum. The actual amount of
work to be performed, the time of such performance, and the location of work will be determined
by the City Representative, who may issue Work Orders to the Professional. The only work
authorized under the Professional Services Agreement is that which is performed after receipt of
such Work Orders.
The City of Fort Collins retains the right to reject all proposals and re -solicit through the formal
process, if deemed to be in the best interest of the City.
Development of the Scope of Work: the Professional and the City Project Representative will
develop The Scope of Work for each individual project during the Work Order process. The
design Professional will submit a detailed scope of work proposal to the client for review and
approval. After review and approval, the City Representative will issue the notice to proceed to
the Professional with appropriately endorsed Work Order.
RFP 7421 City Architectural & Engineering Work Order Contract Page 10 of 39
III. REQUESTED SERVICES
For this Request for Proposal, the Professional team will be required to provide services in at
least the following categories:
1. Architectural Design -
a) Interior Design Specialist
b) Master Planning/Site Planning/Space Planning
c) Furniture Design Specialist
2. Landscape Architecture
3. Architectural Historical Preservation Specialist
4. Structural Engineering
5. Mechanical Engineering
6. Electrical Engineering
7. Civil Engineering
8. Lighting Consulting
9. Acoustical Engineering
10. Energy Consulting
11. Construction Estimating
12. Professional Land Surveyor
13. LEED Consultant
14. Building Envelope Consultant
15. Recreation/Aquatics Design/Engineering Consultant
16. Geotechnical Engineering
Each Work Order issued pursuant to the Architectural & Engineering contracts will typically be
based upon an hourly rate or set of rates with a not -to -exceed maximum fee; or a fixed fee
agreement. The specific compensation agreement for each Work Order is negotiated at the time
the Work Order is awarded to the Professional, based upon the provisions of the Professional
Services Agreement.
A Fee Schedule of hourly rates for consultants, sub consultants and any ancillary services will
be determined with the awarded firm. Typical proposed direct or reimbursable charges, such as
Mileage, Travel Time and/or Per Diem printing, copies, etc, will be negotiated at time of award.
See Exhibit B.
IV. SPECIAL CONDITIONS
Administration: The amount of CA (Contract Administration) shall be determined on a case
by case basis. CA shall be detailed in the proposal based upon the Scope of Work
developed. An example of typical services the Professional may be required to perform
include: review of construction contract project pay estimates, review submittals, process
change orders, attend scheduled progress meetings, and develop required "change in work
requests" (CWR's), construction observation, and inspection at substantial completion. The
cost associated with this service for a specific project will be a maximum not -to -exceed
RFP 7421 City Architectural & Engineering Work Order Contract Page 11 of 39
price, negotiated at the time of the Work Order fee determination using the hourly rates in
the Professional Fee Schedule developed after the award and as set forth in Exhibit "B" of
the agreement.
2. Construction Observation: The Professional will submit a written report to the City
Representative after each observation visit and also upon inspection at substantial
completion. The report will address, but is not limited to, construction work done according
to plans and specifications, estimation of work progress, noted defects of material,
equipment, or workmanship. Report that the work complies with the design specifications,
meets industry standards, and attention is given to the fit and finish of the project.
3. Requirements for Registration: The design of architectural, structural, mechanical, electrical,
civil, or other engineering work shall be accomplished or reviewed and approved by
architects or engineers registered in Colorado to practice in the particular professional field
involved.
4. Budgets: Although the goal is to be as accurate as possible with project cost estimates, the
professional design team is charged with designing all projects to within 10% of the
customer's original or officially amended and approved budget. Failure to generally and
consistently meet this requirement may be cause for terminating the agreement.
5. Changes:
a) The City's Representative may, at any time by written order, make changes within the
general scope of the Work.
b) If any such change causes: an increase or decrease in the cost of, or the time required
for performance of any part of the work under the Work Order, the City Representative
shall, pursuant to the Professional's request, make an equitable adjustment in the price,
the work schedule, or both.
c) The Professional must submit in writing any "proposal for adjustment" under this clause
within 15 days from date that a written change in work is issued by the City
Representative.
d) No services for which an additional cost will be charged by the Professional shall be
furnished without the prior written authorization of the City Representative.
6. Constructability Review: Prior to the completion of final design by the Professional, and prior
to the acceptance of final design by the City Representative, the Professional shall be
required to perform a "Constructability Review" pursuant to the City of Fort Collins
Operations Services Department requirements, Building Design Standards, and also to
evaluate the actual constructability of the design or services rendered with the City
Representative.
7. Work Order Cost Proposals: If requested by the City Project Representative, proposed costs
and services shall be submitted in spreadsheet format, detailed as to all
architectural/engineering and other disciplines, with estimated hours for each discipline, and
their respective current hourly rates illustrated. Proposed reimbursable shall be shown
separately and likewise delineated.
8. Coordination: Professional(s) awarded a contract pursuant to RFP #7421 will be required to
cooperate with, coordinate scheduling with, and work closely with other City professional -
service contractors.
9. Building Code Compliance: Drawings and Specifications must be in compliance with the City
of Fort Collins Building Code requirements and the requirements of all other Authorities
RFP 7421 City Architectural & Engineering Work Order Contract Page 12 of 39
Having Jurisdiction, including, but not limited to, Poudre Fire Authority, all departments of
Larimer County, and the State of Colorado. Certified Drawings must be stamped with the
appropriate Colorado Professional's Architectural/Engineering stamp when required. It shall
be the design professional's direct responsibility to actively and judiciously research all
AHJ's requirements and to work out possible issues and/or conflicts before issuance of final
design/construction documents (CD's).
10. Submission/Transmission of Specifications and Drawings: The design Professional will
transmit job specifications and drawings to the City in electronic format as well as hard copy
as requested. Drawings must be submitted in electronic format fully compatible with
AutoCAD 2007. Bid sets and as -recorded documents (specs and drawings) may be
transmitted in "read only" format. However, the City shall have the right to keep electronic
copies of the drawings that can be manipulated for future maintenance changes, upgrades
and/or alterations. The City agrees not to reproduce the drawings and/or the specifications
in full, for construction replication. The design Professional agrees not to reproduce the
drawings and/or the specifications- in full, for construction replication without the written
consent of the City.
11. File Compatibility: The design Professional will title all electronic drawing files and other
project submissions to be consistent with the project contract documents. (le. Drawing files
labeled according to drawing sheet number of the plotted drawing; and, specification
sections labeled according to CSI format and printed project specs.) Submitted files may
also include the A/E's project number for their reference. For questions concerning this
requirement please contact the Operations Services Acting Contract Administrator, or the
Operations Services staff Architect
12. Retention of Rights: The City.retains the right to reject a proposed design team sub -
consultant, with or without, cause, either before or after consummation of the agreement and
to direct the principal design professional to substitute services of another'sub-consultant
acceptable to the City.
13. Quarterly Reports: The design professional will update the City by submitting a quarterly
report relative to the status of all projects in the design process for the City of Fort Collins to
the Operations Services Acting Contract Administrator Please address reports to:
Steve Seefeld, CCCA
City of Fort Collins
Operations Services, PMPD
PO Box 580
Fort Collins, CO 80522
RFP 7421 City Architectural & Engineering Work Order Contract Page 13 of 39
EXHIBIT B
COMPENSATION
RB+B Architects, Inc.
Fee Schedule
October 15, 2012 - December 31, 2012 Fee Structure
10/4/2012
Principal in Charge/Senior Designer
Hourly Rate
139
Project Manager
Senior Associate 128
Associate 110
Registered Architect 1 98
Architects/Job Captains
Registered Architect 1 98
Registered Architect 2 85
Job Captain - 78
Intern Architect /Computer Drafter
70.
.Interior Designer
Seniorinterior Designer 93
,Intern Interior;Designer 47
Support
Clerical Administrator 1 45
Graphic -Designer 65
Printing:
Outsourced to Reprographics or Ulrich's in Fort Collins. Charged at cost
Deliveries:
Outsourced to most cost effective - LaFeet, UPS, Fed Express. Charged at cost
Auto: No charge in -city.
Pre -approved out of town travel charged at Federal Rate (currently $.55/mile)
Misc: Pre -approved out of town meals: 1 meal for 4 hours,
2 for 8 hours, 3 for 12 hours (3 max per day) $10/ea
RFP 7421 City Architectural & Engineering Work Order Contract Page 14 of 39
russe4mills
Studios
=4"s eoPeyreee.aurtn.f3n[i,i26,tdoradeS4it4
p:9?0.48d:ss;?i; is: in�7�v�:,scllnnl!ssiudm.cae�
October 5, 2012
Ken Field AIA, Principal, LEED AP
RB+B Architects, Inc:
315, East Mountain Avenue, Suite 100
Fort Collins, CO 80524
Dear Ken,
Re: Hourly Rates/Reimbursables for City On -Call Architectural Services Contract
Thanks again fur this opportunity to provide you a proposal to assist your team for the City of Fort
Collins on -Call Architectural Services contract. Our hourly rates and reimbursable charges are as
follows:
HOURLY RATES
The hourly rates listed below will be vaid and.effective through. December 31st, 2013.
• Principal/Project Manager $100/hr.
• Project Landscape Architect - $75/hr.
• Staff Landscape Architect - $60/hr.
• Draftsperson - $45/hr.
REIMBURSABLES
The hourly rates listed below will be valid and effective throughout the contract timeframe.
• Reproductions will be billed at cost
• Mileage for travel outside Fort Collins city limits will be billed at.55/mile or federal
recommended rate.
Should you have any questions or comments following your review of this proposal we will be
pleased to address them at your earliest convenience.
Sincerely,
CLOiOussell
Partner
Authorization:
Ken Feld, Principal bate
Representing RB+B Architects
Lmdsapc Arft^ra:m ! UNr nOC- yr,+ha5:r, Plimirra
PT-41
Partner
RFP 7421 City Architectural & Engineering Work Order Contract Page 15 of 39
Ron Sladek
Historical Consultant
Printing:
Outsourced to Reprographics or Ulrich's in Fort.Collins. Charged at cost
Deliveries:
Outsourced to - LaFeet, UPS, Fed Express. Charged at cost
Auto: No charge in -city.
Pre -approved travel charged.at Federal Rate (currently $.55/mile)
Misc: Pre -approved out of town meals: 1 meal for 4 hours,
2 for 8 hours, 3 for 12 hours (3 max per day) $10/ea
Hourly Rate
Principa I in Charge/Designer
Ron Sladek 100
Support
Administrative 45
CAD 45
RFP 7421 City Architectural & Engineering Work Order Contract Page 16 of 39
r-
STRUCTURAL DESIGN
°�Ad*.'n.8iE4u9i3G SMARTER .,S kR"iwr':x RV*
HOURLY RATES Valid until December 31, 2013
Principal in charge ...................................................... $120/hour
Senior Project Manager ...................................................... $103/hour
Project Manager ..................................................... $87/hour
Project Engineer ..................;:................................. $80/hour
CAD/RevitTechnician..................•'....:::............... $60/hour
(970) S68-3355 I 1901d Town Square, Sub 238, rdil CalliM, Co $0524
VNvdammicom
RFP 7421 City Architectural & Engineering Work Order Contract Page 17 of 39
Farnsworth
GROUP
October 5, 2012
Ken Field, AIA, LEED AP
Principal
RB+B Architects, Inc.
315 East Mountain Avenue, Suite 100
Fort Collins, CO 80524
3538 JFK Parkway, Suite "3
Fort Collins, CO 80525
P 970.266A 066 r970:266.107S
www.r-w.Curn I www.greennsvigiUor..Corn
SUBJECT. City of Fort Collins, Proposal No. 7421, Farnsworth Group Rates
Dear Ken,
Below are our rates, guaranteed for the contract period of October 15, 2012.to December 3I, 2013.
Design Titles
Hourfy
Rate
Principal
$184
Engineering Manager
I
$162
Director of Sustainability
$148 J
Project Engineer
Engineer —
$132
IB�
Senior
$I
Designer
$114 1
Engineer
$1 12 i
Engineering Intern II
l
$105
_Engineering Intern]
�
$97
Project Admin
$63 j
Commissioning Titles i Hourly
(( Rate
Principal
i $ 1641
Senior Cx Manager
$162
Director of Sustainability
$1481
i Cx Manager
j ` $148 ,"
i, Cx Technical Manager
�'; $130
I'Senior Cx Specialist
$121
Senior CxTechnician
�� $! 1 5
CxSpecialist
$11
Cx Technician
' 1 $941
Project A, in
$63
Mileage: Federal Rate, currendy $0.55 per mile. No mileage will be charged within City limits.
Reimbursables, including printing, meals, etc. will be billed at Cost.
If you have any questions, or need additional information, please feel free to call.
Sincerely,
FARNSWORTH GROUP, INC.
Bethany R. Beers, El, LEED AP BD+C
Director of Sustainability, Contract Manager
ENGINEERS t ARCHITECTS t SURVEYORS t SCIENTISTS
RFP 7421 City Architectural & Engineering Work Order Contract Page 18 of 39
Adonai Professional Services, Inc. (APS, Inc.)
Electrical Engineers
Hourly Rate Schedule
o Principal: $105.00 per hour
o Project Manager:.$105.00 per hour
o 'CAD Technician: $55.00 per hour
o General Office Staff: $40.06 per flour
Note:
These rates will be in effect until December 31, 2013.
In addition we will bill for the following:
1. Plan printing at direct cost.
2. Deli verieslOvernight shipping at directcost.
3. Company automobile mileage at 55, cents, per mile.
4. Meals for 'out of town travel at $10.00'each.
Adonai Professional Services, Inc. (APS, Inc.)
6931 Broadway - Denver CO 80221 - Telephone: 303.287-8091 — Fax: 303.287-8470
7726 Park Ridge Circle — Ft, Collins, CO 80528 — Tele:'970 206-0269 — Fax: 970.672-3873
RFP 7421 City Architectural & Engineering Work Order Contract Page 19 of 39
Written notice of renewal shall be provided to the Professional and mailed no later than ninety
(90) days prior to contract end.
5. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Professional. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Professional:
City:
With Copy to:
RB+B Architects, Inc.
City of Fort Collins
City of Fort Collins
Attn: Ken Field
Attn: Steve Seefeld
Attn: Purchasing
315 E Mountain Ave, Suite 100
PO Box 580
PO Box 580
Fort Collins, CO 80524
Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Project Insurance and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City its officers and employees, in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City and for the
City's costs and reasonable attorney's fees arising directly or indirectly out of the Professional's
negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of $1,000,000.
RFP 7421 City Architectural & Engineering Work Order Contract Page 2 of 39
Northern Engineering
October.1, 2012 - December 31, 2013 Fee Structure
(fee renegotiated yearly)
Printing:
Plan Reproductions (B&W 24X36) - $2.50 per sheet
Deliveries:
Outsourced to,- La Feet, UPS, Fed Express. Charged at cost
Reports:
Bou nd Reports (a ppirox.) - $25.00,'per copy
Mileage:
Pre -approved travel.charged at Federal Rate (currently 05.7/rnile)
Hourly Rate
Principal in Charge/Owner
Owner/,Engineering
1110
Owner/Surveying
110
Project Manager
Engineering Project Mgr
105,
Surveying Project Mgr
105
Project Engineer
Project Engineer
90
Project Engineer
90.
Design Engineer
Design Engineer
80
Design Engineer
80
Technician
Technician
725
Technician
72.5
Survey Technician
67.5
Support,
Clerical
45
RFP 7421 City Architectural & Engineering Work Order Contract Page 20 of 39
AUDIO, LLC
C s c 9CA Peaii East Gr le
Suite 201 E
Bourier. CO80301
303:86-55M main
303.865-S504 tan
K_ 2 AUDIO CONSULTING - PROFESSIONAL SERVICES
STANDARD RATE SCHEDULE
(Effective through December31, 2C13)
C LASSI FI CATI O N
Principal Consultant
Senior Consultant
"Consultant
Senior Designer
Designer`
HOURLY RATE
$170.00
$135.00
$120.00
$95.00
$85.00
RFP 7421 City Architectural & Engineering Work Order Contract Page 21 of 39
Institute for the Built Environment CSU
Printing:
Outsourced to Reprographics or U lrich's in Fort Collins. Charged at cost
Deliveries:
Outsourced to - LaFeet, U PS, Fed Express. Charged at cost
Auto: No charge in -city.
Pre -approved travel charged at Federal Rate (currently $.55/mile)
Hourly Rate
Executive Director
Brian Dunbar 158
Director of Projects
Josie Piaut 125
Project Manager
95
Graduate Assistant
65
RFP 7421 City Architectural & Engineering Work Order Contract Page 22 of 39
�
ENGINEERING
BILLING �U�U�o� _- RATES
---
49FORENSIC CONSULTING & INVESTIGATION
Principal....................................... ................... �............................. ; ... ...... $220*,$275
Department Manager .............. .-..-........ ...................... --_........... ........ ......
-$2VVu»$220
Senior Forensic Architect -`��'�`-`�..�=�,`�/,-r---............ ......... .=^^,a1#8tg$21u
Senior Forensic Engineer -...~........,.~......-.-_..-,-_-$1r5»9$21O
Forensic Engineer ... ........................................................................... ..............
....... $1OOto$175
Forensic Specialist ................................................... ........................ ......... .......
s135m$160
Auto Accident Investigator ......................................................................................
~$150ou$17U,
Fire Investigator ....................... .......... ......... ............. .................. ......... r`...............
$9smm5U
Wildfire orPyrotechnic Investigator .^-................ '�.�______~,~.___..
$350m$270
Technical Staff. ............................. ........................ ...... ................ .~..... -
....... %115tn$135
@9 BUILDING SCAENCE& CONSTRUCTION ENGINEERING
pMnoipal.:..................... ;....... ................. ...... ................ .............
='�2$22Obi$276
Department Manager ........... ........................ ..........................................
-_..~... $200b,$2.20
Senior Project Monage,,;..... ....................................................... __�_..................
$1r5 to 9O
Project
-* i 70 to $185
_~' $1251o$150
Senior Project .Eng�anr.�`��..=�.``�'.��+.��,__�.�_�r�-����.-r,�����o1
�
PuojemEnginea -. +
...^-....,. $150tu$160
Senior Building Science ...............=.=_=.='.. _.......
$145to*196 '
BuomogScience Speciamst---.-.._..'..-~.~,-~^..~~~..-
.-.'~. $135uo
Technician U.... --_-....................................................... r.---...........
...... .... $1251w%135
Technician � '
.-~-.~.~~~, .`--~-.--_.^..~-~-_~+-.-~_-�
$115io $125
(D COURT OR DEPOSITION
Non -Principals Arbfl�ticirdMedi6........ `........ .$35U
Principals Arbitration/Mediation/Litigation Support (door-to-door per hour)., ..................... .... $450
09SUPPORT STAFF
Projects are billed at Pie's current billing rates plus expenses at cost plus 10 percent. Expenses include
photographs. color prints, electronic media, blue prints, reproductions, and long distance telephone calls.
mNFEENTWIrYNOTICE: INS rdomation*wKwOod arVy for ft
RFP7421City Architectural & Engineering Work Order Contract Page 23of3S
an
COUNSILMAN e HUNSAKER
The Ultimate Aquatic Advantage
October 5, 2012
Mr. Ken Field, AIA,,Principal, LEED AP
RB+13 Architects, Inc.
315 Past Mountain Avenue, Suite 100
Foil Collins, CO 80524
Dear Mr. Field:
caIIIX001 venm;S
Congratulations on being selected as the "on call' design
team for the City of Ft. Collins,
Colorado. Counsilman-Hunsaker is excited to put of your
team as the aquatics consultant and
we look forward to many future projects.
walu PsLs
Costs and Expenses
Llahvnilil
1. Expenses -meals "at cost' and travel at.55/mile
2. Copying costs shall be billed "at cost."
3. Billing Rates:
+ ,Q RMt1'IIim
Principal/StudioDirector
$160.00/hour
RMIrns
Site Visit
$1,500.00/day*
Project Manager
$135.00/hour
Spas
Project Engincpr/Architect
$110.00/hour
lvclh S
Design Associate
$90.00/hour
Administrative
$55,00/hour
k-12
t Excluding travel expenses
4. Rates are good through December 31, 2013.
Sincerely,
Doug Cook, PE LEED AP
Worn • Sf. Louis I,m Arg0o;
iu5:314.$94J245 f.:3i4,"4D109 •mw�uhh2o.�cm+
107; f;; Sn:ea (�r. D+ivr • -ftk CQcuu' . 1I. i,:nets. MUli7IZl
RFP 7421 City Architectural & Engineering Work Order Contract Page 24 of 39
Terracon Consultants, Inc.
October 15, 2012 - December 31, 2013 Fee Structure
(fee renegotiated yearly)
Drilling Exploratory Borings:
Outsourced to Drilling Engineers, Inc. in Fort.Collins. Charged at their cost plus %15
Miscellaneous Laboratory Testing (i.e. corrosivity testing, permeability, asphalt binder, and others):.
Outsourced to appropriatelaboratory including Colorado Analytical (Brighton), CSU, and others.
Charged at their cost plus 15%
Vehicle Mileage:
Invoiced at Government Rate- currently:$0.55/mile
Hourly Rate
Principal Engineers
Principal .140
Project Managers
Fort Collins_Office Manager
130
Dept Manager
110
Quality Manager
90
Proj Manager
.90.
Field Supervisor
85
Greeley Off ice Manager
85
Project and Staff Engineers
Staff Engineer 65
Engineering Technicians
Master of Special Inspection 75
Senior Technician 55
Technician 50
Support
Proj Ad min 45
RFP 7421 City Architectural & Engineering Work Order Contract Page 25 of 39
TERRACON CONSULTANTS, INC.
PROFESSIONAL CONSTRUCTION MATERIALS ENGINEERING & TESTING
SERVICE FEE SCHEDULE
PROFESSIONAL SERVICES
TECHNICIANS AND CLERICAL
Hourly Rate
Sr. FL-IdLab Tochnicizin (NICET, State DOT Certification).....,.....
$6�583
Field or Laboratory Technician.._...._............_...................
........... 48-58
Floor Fliatnessil-evelnessTechrician I ....................
.............. 100
Overtime surcharge (before, 7 a.m.. after 5 p.m, M-F,
Saturdays, Sundays. and Holidays . ...... . ........ ..... 1. 5)es hourly rate
Structural Steel-Weld-Scited Connection & Fireproofing. .........
. L-65-100
Special Inspection (Masonry IOC Observation)...._ .... ..........
....... . 65-100
clencounispatch . .................................. ............... .......... ..
........... 35-45
FIELD AND LABORATORY TESTING
SOILS
Unit Price
Sand Equivalent (ASTM 02419) ............................. ..................
....... ,$95
Sieve Analysis (ASTM D2217, D422 and 01140)
a. Stanclarcl Sieves 3-inch through No. 200 ..............................
— 1 GO
b. No.200to.005mm,(ASTMD422);addtoaorc., .................
:100
c. Fine No. 4 topassing No. 200 ........ IL ...................... . ....
........ --.55
d. PercenIpassingNo.200sfeve.-..-.............................................50
Specific Graft & Absorption (ASTM 0854) .... ... ...............
0
I ........ M;
Liquid -Plastic Linilt (ASTM C4318) ...... ........ .....
........... -100
Molsture-Density Determination
ASTM D698 (Standard)..........._ ........ . -- .......................
—: ...... ... 120
ASTM 0J5,97 (Mod'fF.4 .......... L ............ .... ..... ..................
L-""JW
OnePoint I ast ............................ ...... ... ............... ....
-- ... —, 75
A Value (ASTM U2MI). ................... .. .............. ..... . ...............
L.325
CER Test (ASTM D1883)—:- .............. ............ . ............... .................
3W
Relative Density (ASTM D425-3 & D4254) ..... .................
1 ...... - A 7-5
AGGREGATES
Sieve Analysis (ASTM Ci 36 & C1 17)
a- Coarseaggregate Above No.4(ASTMC136) ........................
$50
b. Fine Aggregate No. 4 through No, 200a ........ : ........... :....:.......50
c. Coamo & Fine Aggregates through No. 200 —L ........ ... . ; ........
100
d. Large Pit -Run Samples (+3 in). par hour .............................
4252
Specific Grarvity, & Absorption, Coarse or Fine
(ASTM C1 27 & C1 28) ....... . ................. : .............. ........ . .. ...
.
Unit Weight (ASTM C29) ............ ............ ..........................................
92
Los Angeles Abrasion (ASTM C131 or C535) -------------------------------
--.150
Micro Leval (ASTM D6928 or applicable DOT).._._ ............................
IBO
Sodium of Magnesium Sulfate Soundness
(ASTM CR Coarse or Fine; 5 cycles ................ ........ .... ........
325
Organic Impurities (AS I M G40) . . ..........................................................50
Clay Lumps and Friable Particles (ASTM C142) ......... .....................
115
Flat and Elongates (ASTM 04791) ............ -- ........... ............. . .........
95
Lightweight Particles-W 2.0 & 24 (ASTMC1 23) .............................37.9
Fractured Faces (ASI M 05821 or applicable DOT std.).......................95
AlkaliSfIca Reactivity (ASTM C1 260 or C1567)
Coarse. Fine or ConirselFine Blond aggregate. ........... . .... ........
. J50
Fine Aggregate Aixtrarlity. (ASTM C1252, Method C) ... ........... .........
95
(Aggregate Specific Gravity Test is Not Included)
"Rush laboratory service & less than 24 hour notice for field
bell nq
available at 50 percent surcharge based upon avallablifir
DIRECT CHARGES
ENGINEERING
Hourly Rate
Principal (Sr. Engine/Geologist)...........................................S115.
140
Senior Proica EngincedDept, Manager— ......................... * ......
90-120
Project: Geotachriical Engineer_......._.._ ... -.. "' .........................
7.5-M
Staff Reld EngincerlGoologistlSupervisor ......... ............
......... 65- &9
Special Consultation, E)W.n Testimony,
& Court Appearance ......................... ........ .............. . ...........
1.%225
PORTLAND CEMENT CONCRETE AND MASONRY
. Unit Price
Vapor Emission Test (ASTM F1869F2170). per location. .........
$1001140
Compressive Strength Testing
a, Concrete Cylinder (ASTM C39) ................. ..........
......... $15
b. GroutrMorlor 2'X 2* Cubes OUC or ASTM C109) ......................
15
c. Grout Prism (ASTM C1019) ...........................4............................
30
tl. Concrete Core (ASTM C42).......................................................
50
a. Flexural Strength (ASTM C713) ....... .............. . ......................
... .65
f. Splitting Tensile Strength (ASTM C4*.................4....4..............
50
Provide Cylinder Molds.... ........................... ............... ................
.......... 3
Masonry blocliflorlsin Assemblage Compressive Strength
8. 8, unit_,..._ .................................. ......... . ... M ... -- ......................
$100
b. 12'unil- ..... - ... ......... ......................... .. . .. . ...............................
$110
c. Masonry unit delivery charge ......................... —4481how + mileage
Unit Weight rA Cylinder or Cents (ASTM C567).. — ... ............
: ... -- ........ 20
Concrete Mix Design (Aggregate Tests & Travel Not included)
a. Cornpressive0abbatched)- ............... ..........................
. .... $1.2-50
b. Compressive (truck batcll ........... ............................
—A.000
c. ......... ...................
.............. 1,750
Coring Concrete (ASTM C42), per hour includes operator.._
..... ......... 65
Add Bit Charge per inch depth...............-............._...........................5
HOT MIX ASPHALT (HMA)
Extraction of Asphalt (ASTM D2172 or D6307) ............... ......
.......... $100
F)draction and Ciradation (ASTM 0217121or D6W7).
-- ......
.... ....... -175
HMAProperties Test (3 specimens) Includes stability. flow, air voids &
Marshall wit weight (ASTM 06926-6927) .... . .....................................325
Coring Hot Mix Asphalt (ASTM U979)
a. 4' diameter cores. par each....._ ....................... . .
....... ............ 65
Bulk Spear: Gravity & Thickness (ASTM DZ726) ........ ...........
.. ........ 35
HMA Trial Iv& Design: (Aggregate Tests Not Included)
Marshall of Hveern Method (3 bin mix max)......_........_-.........
a900
SuperpavcSHRPGyrcftory(3bin mix max)...............................3.200
Theoretical Maximum Specific Gravity (ASTM D2041)
perpoint ............................... .. .... ................... .........
.......... 85
Immersion -Compression or Lodmim
(ASTM 01074 & D10751 AASHTO T283) ........... .......
..................400
Design unit ivaight ona-point verification (pre -mixed) .............
. .......... 325
Tests not shown above ..................................... .... Quotation on Request
Per Mom and Lodging ................ ...................... ..... .......... -- .... — ........... . .................... . ........................ - ..... .............. ...................... Swday + cost of lodging
AutornobiloorPick-up..........._......._................................................... . ...... ......... ................... ; . ...................... ........................... -1 .. .......................... $0.701mito
AD other direct project expertses. L& special equipment rental, commercial me), sample WF47iingftransfar
bulk roproduclion, protective clothing. etc ...... ................... ... ....... ....................... ...... .......... .................. ............................................ ................. . cost + 15%
Provide on -sits field laboratory facilities and test equippmerit ...... .—.1-1 ........ I— ...... ... --.1 ... ... — ......... ...... I ......... --- ............................ Quotation an Request
GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING SERVICES ...... — ..... .... ................. . ........................ .. . Fee Schedule Available on Request
FUMAM-Glmieif
Raviwd J.V 2fte
Irerri3co
RFP 7421 City Architectural & Engineering Work Order Contract Page 26 of 39
TERRACON
GEOTECHNICAL
PROFESSIONAL SERVICE FEE SCHEDULE
FIELD INVESTIGATION
Drilling services. per hour _....... ................. ._...... ._... _._.......... ....... ................................. _.......... ___ $140 - S185 (varies depending on Job requirements)
Sackhoe, bWczer. and other Mary equipment rental .... ............... _....... ........._.._...._..._._._...._............._...___.._.__..._.._...._.................... Cost 415 percent
Ddti bits andfor media special sampling andfor monitoring equipment air compressor, vrater 1rucK
equfpmeit for site access, special safety equipment or other au Ilary equipment provided ....... ... ..... ....... ._................. _._.._..--._-__._.- Cost + 15 percent
Equipment rental Incbdin99ope inclinometer. pressuremapr, seismometer, resistivity meter. etc ............... _._....... - ............... _.._.. ..Quotation on Request
PROFESSIONAL SERVICES
Hourly Rate
PrincipalEngineer _........ _.... _................................................................ ...._...................._........._............_......_........._..._....__............_.........._ 5115- 140 ..
Senior Project Engineer!Manager.__.......... ................................... ...................................................._,..._.,..............:_.._....._........._......._..._..... 90-120
ProjectErwjneer......... --.......... ................. ............................... ................ ....._............. ...... .... ........_............ ......... ........... .......... .......... 75 - 90
Staffleld En¢ree or Senior Technician ___ .................. ........................ ............................................ ............. -.... 55. 75
Fieldor Laboratory Technician--.—..-,, ..................................... ...................... ............................... ...... __..._......._.............__........ _................... 42 - 52
CADDOperatonDraffsperson.......................... ..... ........ ............... _.................... ......._..._....__............. ........... ........... .._.... ............ _........... ........ 55-65
Clerical.............. ....... _................ ........._._..............._,..........................................................,............_..........................-_......................._......._...35 -45
Special Consultation, Expert Testirrony. & Court Appearance ............................ ..••,•„-,,,,,........... .._....... ........ ..,__.-_..------------ .._................ .... 150 - 225
LABORATORY TESTING OF SOIL AND ROCK
Unit Price
Sieve Analysis (ASTM D422 and D 1140)
a Standard Slaves 34nch through No. 200 .................
_...... $100
b. No. 200to.OD5 mm, add to a ............. ................... _
....... _. 100
c. Percent pmhj No 200 mesh sieve only ............................50
Uquid-Poasfic Limit (ASTM CA318)........ _...................................
100
Specific Gravity (ASTM D8.54)........ ................... :...........................
95
Moisture Content (ASTM D2216).___..:...................... ......a..:.:.:......
10
Moisture -Density Determination
Standard (ASTM D698)...... ...................... ._ ..:..
.......... 140
Modiled(ASTMD1557).... :.......... .......... .................. ....
I........ 150
One Point Test.......................:...............a,....................._.:_.....75
Density & Moisture Cordell (ASTM D2937).........................
... ....... 45
CBR Tssl (ASTM D1883)................. .............. ......... .....................
350
Pern,"blity(ASTM 02434)... ................. _....................................
350
R Value (ASTM D2844)................. _............... __..................
...... _. 325
SulfateContent ............ _........ ...................................................
.40
PH and Resistivity (Lab) ..... __........ _.................................................60
pH. sulfide, rerlox, res®tivily............ _.................... ........... .............
110
Direct Shear per point (Moisture-Density)Proctor not incl.)...........
250
ResidualShaw ..... :........... ........ ..... ...._.... I ........... I .... I .......
A..... 250
Relative Density (ASTM D4253 & D4254)_.................................
175
Rush laboratory service available at 50 percent surcharge
DIRECT CHARGES
Unit Price
One -Dimensional Consolidation or Snell;
(ASTM 02435)
a. 4 ksf load ....... ................ ...... ................................
.............. $115
b. 8 ksf load __....................:_.;:............_..... __............:.:...._
125
c. 16lisf load . ........ ........... __.__.... __ ........ ......................
._. 135
d. 32ksi load.........................:::........:_...:.........................:,....155
o. Add ro AA above for tens rate readings
(1) 2 loads...., .... 11 ...... ....... ... ............... ............. 75
(2) 4 loads .... ........ ............. ,.....
........... 115
Unconfined Compression, (ASTM 02166and 07012)
. ....105
TriaAW Shear, Per point (not inoluding MoDsiure-0ensdy/Prodor)
a. Unoonsoaaated-Undrained Saturated ...... ..........
.:::.........22.5
b.- Consolidated-Undralned._._...............................
_..............475
c. PecompaCftg fee, pet point .......... ....................................100
d. Undisturbed or Remolded .... ..... _.......... ............................ 350
Special Testa. ............... _._... .... __...... .......... ... Quotation on Request
Laboratory Technician for sample preparation ......................... .42-52
PerDiem and Lodging .._............ ......... _... ...................................... __... ............. .......... ....................... _ ........ ................... $601day+cost of lodging
Automobileor Pick-w..................... ....... __...... ............... ........_..................._..._........._..........__..._......_.•................_.._........._............._..... S0.70rmle
All other direct pr*ci expenses. ie. special equipment rental.
Commercial bavet huk reproduction. sample shipping, protective clothing, etc. . ................................. C 59 + 15%
Provide on -site field laboratory facilities and testequipment.._._........... ...... .-------------------------------------------- --------- -------------------------- _ Quotation on Request
Additionalcopies of tepons.._.._...__._.._......._................. _....... _............................................... __.............. ..... ...... .......................... ......... .... $1501repott
ENVIRONMENTAL AND CONSTRUCTION MATERIALS ENGINEERING SERVICES
Fort Cdfns-Grestay. Colorado Offices
._....... Fee SOuidule Available on Request
Revised January 2012
.1rerreac
RFP 7421 City Architectural & Engineering Work Order Contract
Page 27 of 39
Renee Sherman
Furniture / Interior Design Specialist
Printing:
Outsourced to Reprographics or Ulrich's in: Fort Collins. Charged at cost
Deliveries:
Outsourced to - La Feet, UPS, Fed Express. Charged at cost
Auto: No charge in -city.
Pre -approved travel charged at Federal Rate (currently $.55%mile)
Misc: Pre -approved out of town meals: 1 meal for 4 hours,
2 for 8 hours, 3 for 12 hours (3 max per day)$10/ea
Principal in Charge/Designer
Renee$hermah
Hourly Rate
75
Support
Administrative 45
CAD 45
RFP 7421 City Architectural & Engineering Work Order Contract Page 28 of 39
EXHIBIT C
FEDERAL CONTRACT REQUIREMENTS
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federallv Reauired and Other Model Contract Clauses
1.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES.................................................30
2.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS.................................................................................................................................
30
3.
ACCESS TO RECORDS AND REPORTS........................................................................30
4.
FEDERAL CHANGES.......................................................................................................32
5.
TERMINATION..................................................................................................................32
6.
CIVIL RIGHTS REQUIREMENTS.....................................................................................32
7.
DISADVANTAGED BUSINESS ENTERPRISE (DBE).....................................................33
8.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............
34
9.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ......
34
10.
BREACHES AND DISPUTE RESOLUTION.....................................................................35
11.
LOBBYING........................................................................................................................
36
12.
CLEAN AIR....................................................................................:...................................37
13.
CLEAN WATER REQUIREMENTS...................................................................................38
14.
CARGO PREFERENCE REQUIREMENTS......................................................................38
„ 15.
FLY AMERICA REQUIREMENTS:. ...:....: :...: :........ ......... ..... .................38
16.
SEISMIC SAFETY REQUIREMENTS ........ ......... ......... .......................................38
17.
ENERGY CONSERVATION REQUIREMENTS.:...:.......:....:...:....::..........:............::..........39
18.
ADA Access ................................... :..................................................................................
39
RFP 7421 City Architectural & Engineering Work Order Contract Page 29 of 39
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of fifteen (15) page(s), attached hereto and incorporated
herein by this reference. At the election of the City, each Work Order may contain a maximum
fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant to the Work Order and upon
approval of the Professional's direct reimbursable expenses. Final payment shall be. made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole .
property of the City.
8. 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.
9. Project Drawings. Upon conclusion of the project 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, 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 an/
AutoCAD version no older then the established city standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
RFP 7421 City Architectural & Engineering Work Order Contract Page 3 of 39
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal
Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions. '
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et sea. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C.
§ 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient
or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the
Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
RFP 7421 City Architectural & Engineering Work Order Contract Page 30 of 39
books, documents, papers and records of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the
FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of
termination or expiration of this contract, except in the event of litigation or settlement
of claims arising from the performance of this contract, in which case Contractor
agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operationa
Service
Contract
Turnkey
Constructio
n
Architectural
Engineering
-
Acquisitio
n of
..Rolling
Stock
Professional 4~
Services
-
I State Grantees
a. Contracts below
None
Those
None
None
None
None
SAT ($100,000)
imposed on
state pass
thru to
b. Contracts above
None
Contractor
Yes, if non-
None unless
None
None unless non-
$100,000/Capital
unless'
competitive
non-
unless
competitive award
Projects
non-
award or if
competitive
non-
competitive
funded thru2
award
competitiv
award
5307/5309/5
a award
311
II Non State Grantees
a. Contracts below
Those
SAT ($100,000)
Yes3
imposed on
Yes
Yes
Yes
Yes
non -state
b. Contracts above
Grantee
$10l),000/Capital
pass thru to
Projects
Yes3
Contractor
Yes
Yes
Yes
Yes
Sources of Authority: '49 USC 5325 (a) ` 49 CFR 633.17 3 18 CFR 18.36 (i)
RFP 7421 City Architectural & Engineering Work Order Contract Page 31 of 39
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly orby reference in the Master Agreement between Purchaser and FTA, as they
may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
5. TERMINATION
a. Termination for Convenience (General Provision) The City may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in
the Government's best interest. The Contractor shall be paid its costs, including
contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to the City to be paid the
Contractor. If the Contractor has any property in its possession belonging to the City,
the Contractor will account for the same, and dispose of it in the manner the City
directs.
b. Termination for Convenience or Default (Architect and Engineering) The City may
terminate this contract in whole or in part, for the Recipient's convenience or because
of the failure of the Contractor to fulfill the contract obligations. The City shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature,
extent, and effective date of the termination. Upon receipt of the notice, the Contractor
shall (1) immediately discontinue all services affected (unless the notice directs
.otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications,
reports, estimates, summaries, and other information and materials accumulated in
performing this contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit
on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the
Recipient may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of the Recipient.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will
not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees
to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
RFP 7421 City Architectural & Engineering Work Order Contract Page 32 of 39
(a) Race, Color, Creed, National Oriqin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
§ 5332, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seg., (which implement Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply'with any implementing requirements FTA may issue
(c) Disabilities - In accordance with section 102 of the Amercans with'Disabilities Act, F ,
x. -:,._4
as amended, 42 U.S.C. § 12.112; the Contractonagrees.fhat it wiII-comply._with the"
requirements of U.S. Equal. Employment Opportunity Commission; "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FTA, modified only if necessary
to identify the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for
DBE participation is 9.9 %. A separate contract goal has not been established for this
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other
remedy as City of Fort Collins deems appropriate. Each subcontract the contractor
RFP 7421 City Architectural & Engineering Work Order Contract Page 33 of 39
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained
through race -neutral means throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor's receipt of payment for that work from the City of Fort Collins. In addition,
is required to return any retainage payments to those subcontractors within 30
days after the subcontractor's work related to this contract is satisfactorily
completed.
d. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the precedingcontract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1 E, are hereby:incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in. this Agreement. The
Contractor shall not perform any act, fail to perform any.act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the
FTA terms and conditions.
9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal
agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This
government -wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101
note (Section 2455, Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level
expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)
for Federally required auditing services. 49 CFR 29.220(b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been
lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in
the regulation as "covered transactions."
Grantees, contractors, and subcontractors (at any level) that enter into covered
transactions are required to verify that the entity (as well as its principals and affiliates)
they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that
person, or (c) Adding a clause or condition to the contract or subcontract. This represents
RFP 7421 City Architectural & Engineering Work Order Contract Page 34 of 39
a change from prior practice in that certification is still acceptable but is no longer required.
49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include
this requirement in their own subsequent covered transactions (i.e., the requirement flows
down to subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional
method of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such,
the contractor is required to verify that none of the contractor, its principals, as
defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert.
agency name). If it is later determined that the bidder or proposed knowingly' rendered an
erroneous certification, in addition to remedies available to (insert agency name), the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
10. BREACHES AND DISPUTE RESOLUTION
Disputes- Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
City's [title of employee]. This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes
a written appeal to the [title of employee]. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support of
its position. The decision of the [title of employee] shall be binding upon the Contractor
and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees,
agents or others for whose acts he is legally liable, a claim for damages therefor shall be
made in writing to such other party within a reasonable time after the first observance of
such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the City and the Contractor arising out of or relating
RFP 7421 City Architectural & Engineering Work Order Contract Page 35 of 39
to this agreement or its breach will be decided by arbitration if the parties mutually agree,
or in a court of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available by law. No
action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any
right or duty afforded any of them under the Contract, nor shall any such action or failure
to act constitute an approval of or acquiescence in any breach thereunder, except as may
be specifically agreed in writing.
11. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part
20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of.49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions
on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix
A.
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf
with non -Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted
with each bid or offer exceeding $100, 000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
RFP 7421 City Architectural & Engineering Work Order Contract Page 36 of 39
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed.
Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be
codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
.°`. prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995): Any person who fails to file the
required certification shall be subjecNo a civil penalty of not less than $10,000 and not
e - more than $100,000 for each such failure.
[Note:. Pursuant to 31 U.S.C` § 1352(c)(1);(2)(A), ahy: personwFio:makes a prohibited
expenditure or fails to file or amenda required certification or, disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
The Contractor, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq.,
apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
12. CLEAN AIR
Clean Air —
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seg. The
Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
RFP 7421 City Architectural & Engineering Work Order Contract Page 37 of 39
13. CLEAN WATER REQUIREMENTS
Clean Water —
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will,. in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
14. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to
use privately owned United States -Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States -Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30
working days following the date of leading for shipments originating outside the United
States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for
each: shipment of cargo described in the preceding paragraph to the_Division of National
Cargo, Office of Market Development, Maritime Administration, Washington; DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -
lading.) c. to include these requirements in all subcontracts issued pursuant to this
contract when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
15. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part 301-10,
which provide that recipients and subrecipients of Federal funds and their contractors are
required to use U.S. Flag air carriers for U.S Government -financed international air travel
and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier
was not available or why it was necessary to use a foreign air carrier and shall, in any
event, provide a certificate of compliance with the Fly America requirements. The
Contractor agrees to include the requirements of this section in all subcontracts that may
involve international air transportation.
16. SEISMIC SAFETY REQUIREMENTS
Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part
41 and will certify to compliance to the extent required by the regulation. The contractor
also agrees to ensure that all work performed under this contract including work performed
RFP 7421 City Architectural & Engineering Work Order Contract Page 38 of 39
by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.
17. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.
18. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42
U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for
Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations,
"Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by
reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines"
(ADAAG), revised July 2004, which include accessibility guidelines for buildings and
facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and
facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49
CFR Part 37.
RFP 7421 City Architectural & Engineering Work Order Contract
Page 39 of 39
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.
11. 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.
12. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
13. 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.
14. 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.
15. Remedies. In the event a party has been declared in default, such defaulting
parry 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 parry
RFP 7421 City Architectural & Engineering Work Order Contract Page 4 of 39
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. 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.
17. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. 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. 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
RFP 7421 City Architectural & Engineering Work Order Contract Page 5 of 39
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. 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 Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that 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 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. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
RFP 7421 City Architectural & Engineering Work Order Contract Page 6 of 39
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreernent,f6r such breach.,
19. Special Provisions. Special provisions or conditions?relating to the services to
I \y
be performed pursuant to this Agreement are set forth in Exhibit,,"C"•.— Federal Contract
Requirements, consisting of eleven (11) page(s), attached hereto and incorporated herein by
this reference.
RFP 7421 City Architectural & Engineering Work Order Contract Page 7 of 39
THE CITY OF FORT COLLINS, COLORADO
3C.
By:
am s B. O'Neill ll, CPPO, FNIGP-
it for of Purchasing & Risk Management
Date:
ATTEST:
W"- aL
City Clerk _
D AS TO FORM:
ey
RB+B ARCHITECTS, INC.
By: I kL�
Title: V MIA _
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
(Corporate Seal)
Corpor Secretary
RFP 7421 City Architectural & Engineering Work Order Contract Page 8 of 39
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
RB+B ARCHITECTS, INC.
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7421 City Architectural & Engineering Work Order Contract
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional Services
Agreement between the parties. In the event of a
conflict between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the
Professional Services Agreement shall control.
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Professional
By:
Date:
Project Manager
By:
Date:
City of Fort Collins
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over$60,000.00)
Date:
RFP 7421 City Architectural & Engineering Work Order Contract Page 9 of 39