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HomeMy WebLinkAboutRFP - 7577 DESIGN FOR GARDENS ON SPRING CREEK (2)RFP 7577 The Gardens on Spring Creek Page 1 of 26 REQUEST FOR PROPOSAL 7577 DESIGN FOR GARDENS ON SPRING CREEK The City of Fort Collins is requesting proposals from qualified firms to for professional design and construction administration services for the remaining gardens within the Gardens on Spring Creek Master Plan area. Proposals submission via email is preferred. Proposals shall be submitted n Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), December 3, 2013 and referenced as Proposal No. 7577. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. A pre-proposal meeting will be held at 10:00 AM on November 14, 2013 at the Gardens on Spring Creek located at 2145 Center Ave, Fort Collins, 80526. Questions concerning the scope of the project should be directed to Project Manager, Michelle Provaznik, Director of The Gardens on Spring Creek at mprovaznik@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. All questions must be submitted in writing via email to Michelle Provaznik, with a copy to John Stephen, by 5:00 PM MST on November 21, 2013. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be 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 7577 The Gardens on Spring Creek Page 2 of 26 marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 7577 The Gardens on Spring Creek Page 3 of 26 REQUEST FOR PROPOSAL 7577 DESIGN GARDENS ON SPRING CREEK I. SECTION 1 – INTRODUCTION This Request for Proposal (RFP) is issued to provide the selection process for professional design and construction administration services for the remaining gardens within the Gardens on Spring Creek Master Plan area. Tentative Schedule Pre-proposal Meeting November 14 Deadline to Submit Questions November 21, 5pm Notify Short Listed Firms Week of December 2 Short List Oral Interview December 16 Notice to Proceed January 6, 2014 II. SECTION 2 – OVERVIEW, BACKGROUND, PROJECT DESCRIPTION AND SUMMARY OF REQUIRED SERVICES Overview The City of Fort Collins is requesting proposals for professional design and construction administration services for completion of the gardens in the Gardens on Spring Creek Master Plan. The Gardens on Spring Creek, the community botanic garden of Fort Collins, sits on an 18-acre site in the middle of the City. Design and public process will be in late 2013 through early 2014. Construction is anticipated to begin in late 2014 with opening to the public in early 2015, dependent upon funding being secured. The City of Fort Collins requests proposals for the design and contract administration for the development of the remaining gardens at the Gardens on Spring Creek. The consultant will provide all necessary services to design the gardens according to the provisions of this scope of work. In general terms, this scope consists of preparing final design development plans based upon the original Master Plan and construction documentation for bidding by the City for the construction of the gardens. The Consultant will assist City staff during the public process that is a part of the design process. The Consultant will assist City staff with administration services during construction when funding has been secured to complete the project. It is the intent of this scope of work to give prospective consultants the needed information to prepare a proposal for design services. The City’s Project Manager will be available by email only to answer questions during the proposal process. RFP 7577 The Gardens on Spring Creek Page 4 of 26 The City program “Art in Public Places” is in effect for this project. The successful Consultant will be expected to participate in selecting an artist from a City provided list of candidates to provide some form of art work as part of the garden construction. The consultant will work with the artist throughout the project. Background In May 2004, the opening of the Gardens on Spring Creek marked the success of both a community grassroots campaign that began in 1986, and a $3 million ballot measure in 1997 to develop city-owned land for a public botanic garden in Fort Collins, Colorado. The Gardens on Spring Creek is a public-private partnership between the City of Fort Collins and The Friends of the Gardens on Spring Creek, a 501(C)3 organization. Our mission is to improve the lives of people and foster environmental stewardship through horticulture. Centrally located on 18 acres, The Gardens has become a destination for residents and tourists alike with visitation increasing from 1,634 in 2006 to over 55,000 in 2012. This increase is due to the addition of several large and popular gardens, the availability of high- quality educational programs for youth and adults, and special events for the community. The Gardens' has 180 active volunteers who contribute thousands of hours of their time to our organization. We have 25 partnerships with local non- profit and education organizations to broaden our services and extend our reach within the community. The City received approval for the Centre for Advanced Technology (C.A.T.) 22 nd – Community Horticultural Center Project Development Plan from the Administrative Hearing Officer in December 2001. Since that date, there have been several minor amendments to the approved PDP as additional garden phases have been designed and constructed. Project Description To date, The Gardens has completed nearly one-half of its envisioned Master Plan – the Children’s Garden, Garden of Eatin’, Experiential Garden/Outdoor Classroom, and the Rock Garden. Using the Master Plan (See Exhibit A) as our guide, The Gardens is now ready to complete the remaining gardens on its site including the Great Lawn, Prairie Garden, Foothills Garden, and Xeriscape Demonstration Garden (to be called the Undaunted Garden). These gardens comprise approximately five acres of the site. The Great Lawn will include a bandstand/stage as shown in the Master Plan. This area will be a multi-use community venue that can be used for small concerts and plays, festivals, and for revenue generation to include rentals and weddings. The Great Lawn will be surrounded by themed gardens to create a unique outdoor venue in northern Colorado. A small bridge will cross the RFP 7577 The Gardens on Spring Creek Page 5 of 26 Sherwood Lateral to connect the north part of the Great Lawn to the Garden of Eatin’. Several naturalistic gardens will be constructed as a part of this project. The Foothills and Prairie Gardens will showcase our native plants in a landscaped setting to educate visitors about our native plants and inspire them to use native plants in their home gardens. Due to recent drought and our high desert climate, the Xeriscape Demonstration Garden will shift to the Permaculture Garden in the Master Plan. This garden will be called the Undaunted Garden with planting plans to be completed by Lauren Springer Ogden who is on The Gardens staff. All of the gardens to be completed are in the floodway and must comply with Stormwater regulations. Project Funding and Estimate Budget Funding for garden development will be available in the following year: 2013 $150,000 (design) 2015 $1,850,000 (construction and administration) Funding will need to support City Staff salary, Consultant design and administration, construction of the gardens, and contingency. Consultant Qualifications • The selected firm will have experience with a minimum of designing 5 similar projects, specifically with outdoor stages, sound, lighting and power requirements. • A member of the design team should be familiar with floodplain requirements of the Spring Creek corridor. Scope of Work The Consultant shall perform or coordinate the following activities as part of the contractual obligation for this project. A. Design Development 1. Prepare a base drawing from field surveys showing existing control elevations, property corners, vegetation, utilities, and any other pertinent information. 2. Based upon the existing Master Plan, prepare a preliminary design reflecting all available information and design constraints. The plan shall present alternative design solutions and will serve as a review document for the City. RFP 7577 The Gardens on Spring Creek Page 6 of 26 3. Acoustic analysis demonstrating how the proposed bandstand/gazebo, through its orientation, speaker placement and noise attenuating features, complies with the City’s adopted sound standards. 4. Present the preliminary design to the City’s Review Team. Follow-up on various departmental comments and address all concerns in the final plan. 5. Coordinate with any agencies out of the City as necessary. The Consultant shall be responsible for informing, gathering information from and responding to all groups and agencies associated with the project. 6. Using soils tests from original construction provide additional geotechnical and agricultural soils testing as required. The results of each shall be incorporated into the specifications. 7. Attend and assist with public meetings and City board meetings. 8. Attend review meetings with Gardens staff and inter-departmental team. In addition, attend any necessary individual meeting with the other City departments. 9. Prepare construction estimates as the project moves through the preliminary and final design process. City staff will continually review the proposed budget. 10. Consultant shall meet or be in contact with the project manager on a regular basis throughout the design phase. 11. Upon conclusion of the design development phase, the Consultant will prepare construction documentation, final cost estimates, and specifications for the project reflecting all the input obtained from the design process. Any options or questions explored during the preliminary phase will be resolved between the City and the Consultant before proceeding to final design. Cost estimate will be used in budgeting for garden construction. 12. Submit required sets of construction documentation to the City for approval. 13. All drawings shall be generated on AutoCad and provided electronically to the City. AutoCad shall be on the latest release, AutoCad 2009. One set of final original Cad generated drawings on mylar shall be provided to the City. RFP 7577 The Gardens on Spring Creek Page 7 of 26 14. Prepare a rendering of the final garden design. The rendering shall be mounted and framed for hanging and shall become the property of the City. PDF versions of the rendering will be provided also. B. Detailed Project Description This section is expected to give the Consultant the needed information to prepare a proposal for services. The extensive description and task list are intended only to guide the proposal process. Additional refinement of tasks is expected, with explanation, to suit the individual firm’s needs to competently prepare a proposal. The City’s Project Manager will be available to answer questions by email. 1. Garden Facilities General • Pedestrian bridge to connect northern section of Garden of Eatin’ to the Great Lawn • Irrigation design (raw and domestic water lines surround the property) • Grading plans • Necessary stormwater/floodplain studies • Utilities from the building brought across the Sherwood Lateral • Concrete and soft pathways • Sites for garden sculpture • Benches, trash cans, signage locations • Please note: The consultant will provide planting concepts and structural plantings. Detailed planting plans will be created by Gardens horticulture staff in coordination with a variety of local landscape designers who specialize in certain types of gardens. Great Lawn • Stage/Bandstand – design to include proper weight capacities for lighting and equipment, stage functionality for different types of performances, load in/out, backstage areas, performer spaces, etc. • Overall visitor/audience experience should be considered including visual and acoustic quality, traffic flow, seating patterns, food locations, restrooms, etc. • Sound engineering and performance acoustics • Lighting –to include performance lighting, safety lighting, and landscape lighting • Electrical outlets throughout 2. Stormwater Requirements The current property is located in a FEMA-regulatory 100-year floodway for Spring Creek. All proposed development work (as defined in Chapter 10 City Municipal Code, Section 10-16) must be certified to cause no change to the base flood elevation, the floodway boundary, and any flood fringe boundaries. This shall include all design features, including but not limited to parking (with cars in place), pathways, and architectural features. A Conditional Letter of RFP 7577 The Gardens on Spring Creek Page 8 of 26 Map Revision (CLOMR) and LOMR may be required to be submitted to the City and FEMA for review prior to construction mobilization. If a CLOMR is required, a LOMR will be required immediately upon demobilization; if a CLOMR is not required, the engineer of record must submit an as-built recertification. All design features associated with this project shall meet the local drainage standards of the City of Fort Collins Stormwater Drainage Criteria Manual. 3. Construction The City anticipates one construction document for bidding and construction of the gardens. Bid items shall be a combination of lump sum and individual items. 4. Meetings and Public Process Coordination and review by city staff will be required throughout the project. As the design progresses, review by other City Departments will be necessary. The Consultant will be expected to participate in these reviews. Meetings – It is anticipated that the following meeting will be required, at a minimum for this project: • Initial Coordination Meeting: At this meeting the Consultant will be expected to provide a detailed schedule of the design process, including the work of any sub-consultants, identifying important milestones in the process and target dates for these milestones. • Design Charette – A one to two day design charette with City staff is required early in the design process so the Consultant has current information from all affected departments. The charette will also be used to engage community stakeholders in the project. • Progress Meetings: Progress meetings will be held every two weeks during the course of the project. Meetings may be more frequent at times, if necessary. • Utility Coordination: At least four meetings are anticipated to coordinate with affected utility companies. Prior to meeting with utilities, the City will assist the Consultant in collecting comments from utilities through the existing utility coordination process. • Public Meetings: The City anticipates there will be two public meetings to be held in the form of an open house. The City will be responsible for leading the public involvement program with the support of the Consultant. The Consultant will be responsible for development of renderings for public meetings. RFP 7577 The Gardens on Spring Creek Page 9 of 26 • The Consultant may be expected to attend City board meetings for review of the project. • The Gardens are subject to a minor amendment to the approved Project Development Plan (PDP), which is an administrative process unless it is determined that the revised Plan represents a “change in character” which would then trigger a major amendment. 5. Design Standards The City’s current standards for development review, engineering, stormwater, utility work, sound levels and building permits will apply to this project. The City will provide standard materials lists and/or specifications for the following: • Seed and soil preparation • Site Amenities • Lighting Standards • Sound Requirements 6. Data Collection and Reconnaissance The Consultant shall undertake data collection only after diligent preplanning so that the amount of actual field work required can be kept to a minimum while still obtaining the necessary information. Additional surveys necessary to establish horizontal and vertical control for the design and hydrology and hydraulic studies will be done by the City Survey department. The Consultant will provide soils information as needed for the garden design and the Consultant’s work. The Consultant will coordinate and design all utility work needed for the development of the remaining gardens. The City will assist the Consultant in obtaining information about critical utilities by potholing if necessary. 7. Final Design and Construction Documents The Consultant shall prepare detailed construction drawings of the proposed park improvements on 24” x 36”, 3-mil double mat inked Mylar. The final scale of the drawings will be determined based upon the complexity of the design, but shall not be smaller than 1” = 50’. Five sets of construction drawings shall be signed and sealed by a professional engineer licensed in the State of Colorado. The original set of inked Mylar shall be the property of the City. Drawings shall be also given to the City on Autocad files and as Adobe PDFs on cds or flash drives. At a minimum, the Construction Drawings shall contain: • The date of preparations, scale, north arrow, and legend RFP 7577 The Gardens on Spring Creek Page 10 of 26 • Project title • Title sheet with index • Plan and profile sheet(s) including all subsurface drainage and utilities • Property ownership, construction easements, and permanent easements (if required) • Existing conditions, including location of all utilities • Cross sectional view(s) of cannel improvements and construction details of improvements. Hydraulic views shall include applicable water surface elevations such as the 100-year storm depth. • Erosion control methods and details • Garden improvements, site plans, grading plans, architectural plans and detail sheets as needed The City will prepare the final contract Documents (drawings and specifications) for bidding of the project through the City of Fort Collins Purchasing Department. Review of the documents by the appropriate City Departments will be required prior to bidding. The Consultant shall prepare a Final Design Report (4 copies), which will summarize any major changes from the Master Plan. 8. Construction Administration Services The Consultant will provide assistance during the pre-bide period and aid prospective bidders in fully understanding the scope of the project and explaining any unusual or significant features. The Consultant will assist the City conducting a pre-bid conference and job-walk with contractors and suppliers. Respond to inquiries as directed by the City. The Consultant will assist the City in the preparation of addendums, review of proposals and qualifications of contractors and suppliers. The Consultant will provide construction administration assistance as requested by the City. For this proposal process, the Consultant is to estimate construction administration services based upon the following: • Pre-bid process: Consultant Team – 200 hours • Contract Administration assistance and inspection: Consultant Team – 1000 hours The Consultant will provide a set of Mylars and a cd to the contractor for preparation of the “as-built” record drawing set for the completed project. Construction Plans – City Approval, Quality of Work The Consultant shall be responsible for the professionalism and technical accuracy and coordination of all services such as designs, drawing, RFP 7577 The Gardens on Spring Creek Page 11 of 26 specifications, cost estimates, and other work or materials furnished to the City by the Consultant under this contract. The project submitted by the Consultant shall represent the best design solution possible for the scope of work in the contract. All work must be in accordance with the current criteria, guides, and specifications listed in the scope and shall be in accordance with the best engineering practices. Workmanship shall be neat will all lines and lettering of uniform weight and clarity for complete legibility and satisfactory reproduction. Any computer disks or flash drives submitted must be scanned for viruses using a commercial virus scanning program. All elements of submittals shall be checked by the Consultant and such check shall be made by persons other than those preparing the material and by professional personnel trained in that specific discipline. Error and deficiencies shall be corrected by the Consultant at no additional charge to the City. . C. SUBMITTAL REQUIREMENTS All respondents are required to include the following information in the submittal as a minimum and in this order. 1. Project Understanding: Provide a brief summary of your understanding and experience relating to the project and offer your methodology for achieving the objective and producing the required deliverables for each task. 2. Approach: Describe your recommended approach to achieve each of the tasks outlined in the Scope of Work described above. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective ideas to create a successful design. 3. Deliverables: Provide a description or examples of how you will present the deliverables and the tools that will be used to create project products. 4. Team Profile: Provide relevant information regarding the team you propose to work on this project including: a. Overview of firm(s) b. Example of projects with location and reference contacts completed within the last 5 years c. People (availability, commitment) d. Proposed team organization (org chart) of key personnel with titles and specific tasks RFP 7577 The Gardens on Spring Creek Page 12 of 26 5. Schedule: Provide a detailed project schedule showing key milestones, deliverable dates, proposed meeting dates for the public meetings and presentations to various boards and commissions. 6. Budget: Provide a proposed budget for the project that shows effort by task and personnel, which includes rates for all sub-consultants with reimbursables. The budget should clearly show time required for meetings and project management. Upon the selection of the Consultant, the final fee will be negotiated with input from the Consultant based upon how they foresee the overall project. A maximum number of 20 double sided pages excluding cover page and dividers are allowed for this proposal. RFP 7577 The Gardens on Spring Creek Page 13 of 26 EXHIBIT A RFP 7577 The Gardens on Spring Creek Page 14 of 26 III. SECTION 5 – PROPOSAL EVALUATION Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7577 The Gardens on Spring Creek Page 15 of 26 Reference Evaluation (Top Rated Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7577 The Gardens on Spring Creek Page 16 of 26 IV. SAMPLE PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. RFP 7577 The Gardens on Spring Creek Page 17 of 26 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys 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 RFP 7577 The Gardens on Spring Creek Page 18 of 26 omissions insurance in the amount of $1,000,000, in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause 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. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made RFP 7577 The Gardens on Spring Creek Page 19 of 26 following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. 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. 8. Project Drawings. [Optional] 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 City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. 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. RFP 7577 The Gardens on Spring Creek Page 20 of 26 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 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. RFP 7577 The Gardens on Spring Creek Page 21 of 26 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 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. 17. 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 RFP 7577 The Gardens on Spring Creek Page 22 of 26 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 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 RFP 7577 The Gardens on Spring Creek Page 23 of 26 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. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. RFP 7577 The Gardens on Spring Creek Page 24 of 26 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [INSERT PROFESSIONAL'S NAME] OR [INSERT PARTNERSHIP NAME] OR [INSERT INDIVIDUAL'S NAME] OR By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7577 The Gardens on Spring Creek Page 25 of 26 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7577 The Gardens on Spring Creek Page 26 of 26 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.