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HomeMy WebLinkAboutRFP - 7595 OLD TOWN SQUARE RENOVATIONS (2)REQUEST FOR PROPOSAL 7595 OLD TOWN SQUARE RENOVATION The City, on behalf of the Downtown Development Authority, is requesting proposals for the services of an architectural and engineering team to integrate into the DDA's overall design team for the renovation of Old Town Square. Written proposals, eight (8) copies plus one (1) electronic copy in Microsoft Word or PDF format, 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), February 13, 2014 and referenced as Proposal No. 7595. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A MANDATORY pre-proposal meeting will be held on January 29, 2013 at 1:30 PM at the performance stage in Old Town Square, Fort Collins. 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. Questions concerning the scope of the project should be directed to DDA Project Manager, Todd Dangerfield at (970) 419-8254 or tdangerfield@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 Todd Dangerfield no later than February 5, 2014, 5:00 PM MST. 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 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 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 7595 Old Town Square Renovation Page 1 of 23 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 7595 Old Town Square Renovation Page 2 of 23 I. INTRODUCTION The Fort Collins Downtown Development Authority (DDA) is an economic development organization formed to focus redevelopment efforts into the City of Fort Collins’ downtown central business district through the use of tax increment financing. The DDA also sponsors projects that improve the downtown experience adding to the vitality, excitement, activity, vibrancy, diversity and attractiveness of our entire community. Recent DDA public revitalization projects include West Myrtle, Montezuma Fuller and Old Firehouse Alleys; the Elks Lodge deconstruction; funding for the Library Park Master Plan; and tax increment investments in private developments such as the Woodward Governor Corporate Campus, Block One at 418 Linden Street, and Canyon Place, 331 Meldrum Street. Recently the DDA completed an overall condition assessment of Old Town Square (OTS) and the Board of Directors has approved funding for design and renovation of this downtown Fort Collins icon. In addition to DDA funding, it is anticipated that other public and private funding sources will be made available as part of the renovation project. II. PURPOSE The purpose of this request for proposals is to engage the services of an architectural and engineering team to integrate into the DDA’s overall design team for the renovation of OTS. The vision and construction of OTS by Gene Mitchell in 1983 has truly helped to define Downtown Fort Collins. By turning a city street into a public square, it has provided a sense of place for downtown where people can gather to share in the numerous festivals and concerts performed in the Square, enjoy the wonderful flowers and plantings, take innumerable photos in front of the fountain, and shop, dine or work at the wonderful establishments that line the Square. Over the past 30 years, many attributes of the central business district have changed. While receiving varying levels of routine maintenance the infrastructure of the Square has deteriorated to a point where it is more desirable for the City and DDA to renovate the Square rather than to continue to repair and replace the old infrastructure. The DDA’s goal is to renovate the Square to represent the current and future use trends with a keen eye towards the operational and maintenance characteristics. The intent is to accomplish this overarching goal within the DDA’s mission while maintaining the team’s goals. “The DDA’s mission is to build public and private investment partnerships that foster economic, cultural and social growth in the Fort Collins central business district.” DDA Team Goals: • Honor the past; realize the full vision for OTS through thoughtful design and quality construction. RFP 7595 Old Town Square Renovation Page 3 of 23 • Maintain economic vitality for area businesses by limiting construction disruptions, providing timely project updates and allowing access to businesses as much as possible. • Create a world-class gathering space that accommodates activities now and into the future, for a variety of uses. • Seamlessly blend OTS with Linden Street to integrate other planning initiatives. • Design and build a low maintenance, attractive space that stands up to high traffic, is not expensive to maintain, is safe and encourages visitation in all four seasons. • Provide engagement opportunities for stakeholders and the community during design and construction so they too will look forward to the changes and improvements. Make the construction experience meaningful for the businesses, not a nuisance. The DDA expects the architectural and engineering services team to embrace these goals and seamlessly interact with the DDA’s team to deliver a successful project to downtown Fort Collins. III. SCOPE OF SERVICES The services requested under this request for proposal will generally consist of the following: Requirements The selected Consultant will be expected to provide a full range of architectural and engineering services as described below. The work is expected to be delivered in four phases – Program Development, Schematic Design, Design Development and Construction Documents. Program Development for Old Town Square The Consultant will be expected to develop a program for the Old Town Square space needs. It is anticipated that this primary task will generally include the following work steps. The consultant team can propose additional work steps they feel critical to understanding or analyzing the program. • Complete a space needs analysis based upon current and projected use including stage performance space; community gathering space; event space; and overall business access through the Square, along Mountain, Walnut and Linden Streets. This work task shall be closely coordinated with the Downtown Business Association (DBA). • Participate in stakeholder engagement activities to understand the overall program needs. This is likely to involve early meetings with DDA team, DBA, business owners, City of Fort Collins, adjacent property owners and other community members. RFP 7595 Old Town Square Renovation Page 4 of 23 • Summarize findings from the needs analysis study and stakeholder engagement into a design technical memorandum which will become the basis for schematic design of the project. Schematic Design (SD) Based from the findings in the overall program development phase and through the basis of design, the consultant shall prepare schematic design drawings and concepts. Schematic design work shall include, but not be limited to, the following: • Generate multiple design concepts for Old Town Square including all program elements in both plan and isometric schematic to simulate future built conditions. The Consultant will be expected to present these plans to various stakeholders or groups to gain feedback. For the purposes of this RFP, the Consultant shall assume that a minimum of three (3) overall schematic plan layouts will be required and a minimum of three (3) elevation isometric schematics will be required per each program plan view. The Consultant shall incorporate or adhere to Old Town Historic District Design Standards or River District Design Guidelines as may be applicable to the project. • Develop a final schematic plan based on DDA and stakeholder input from the 3 concepts. Develop final isometric elevation drawings based on the final plan. • Complete cost analysis and estimates for various schematic plan options as a data point to assist in decision making efforts. • Develop an architectural palette from which to base cost estimates. Include options for paving, stage materials, walls, seating and other elements that will affect cost estimates. • Summarize entire schematic design effort in a schematic design technical memorandum. Include all design steps taken, summarize all feedback and decisions made through the process. • Present final plan and schematic elevations in multiple electronic and hardcopy formats. It is expected that all schematic design components will be completed in color and in a reproducible format. • Throughout schematic design, attend regular design review/progress meetings to present and gather information from the DDA team and other stakeholders. The progress meetings shall be assumed to occur on a regular, bi-weekly interval. The Consultant shall also assume a minimum of six (6) additional meetings to coordinate schematic design efforts or make presentations. Design Development (DD) Design development of the Old Town Square Renovation is defined as the phase which takes the final design concept developed through SD’s and creates working construction drawings. This phase is anticipated to include multiple submittals of work products to both the DDA and the City of Fort Collins. RFP 7595 Old Town Square Renovation Page 5 of 23 • The DDA will be using an internal review process with the City of Fort Collins by which City staff participate during design meetings; internally coordinate design reviews and summarize departmental comments to ensure the City’s land use code and development requirements are addressed. The project will not be reviewed as a standard development application. The Consultant will be expected to participate in this process and assist DDA project management with work products that will be required (e.g. plans, drawings, calculations, palettes, samples, etc.). • During DD, the Consultant shall produce at least two (2) complete sets of drawings for review. One set of drawings shall be produced at the 30% design level. A second set shall be produced at the 60% design level. Each set of drawings shall be routed for DDA and City review. The Consultant shall incorporate comments from each review and maintain a comment log that shows the status and disposition of each review comment. • Drawings produced throughout DD are expected to include efforts from each trade sub-consultant. This will include mechanical, electrical, civil, structural and other trade sub-consultants as needed. • The Consultant shall provide specialty trade work for sound and lighting engineering related to stage performances as part of the DD and CD phases of the project. The Consultant shall provide stage design that provides for stage functionality for a multitude of performances, load in/out, backstage areas and performer spaces. Overall visitor/audience experience should be considered including visual and acoustic quality, traffic flow, seating patterns, food locations and restrooms. Verification of sound quality as it relates to the design of the stage and its orientation, audio equipment placement and noise attenuation shall be verified by the Consultant through a formal acoustic analysis. • The Consultant shall produce cost estimates for construction at the 30% and 60% design submittal stages. • The Consultant shall submit technical specifications in CSI format at the 60% plan submittal stage. • Complete and submit a drainage report outlining basin/sub-basin runoff, routing and written recommendations for improvements consistent with City requirements and plans developed at the 30% and 60% completion levels. It is not anticipated that the site drainage improvements for Old Town Square will be developed to convey the 100-yr return period. 10-yr return period conveyance is expected. • Complete an updated site topographic survey. Use DDA provided survey as a basis of additional survey needs. Incorporate all utility investigation and identification data into base mapping. The DDA will provide utility information and mapping data. Incorporate all property boundary information for easement acquisition as needed. RFP 7595 Old Town Square Renovation Page 6 of 23 • Participate in inventory work of all Old Town Square facilities and private buildings to identify risk associated with working adjacent to many historic structures. Incorporate appropriate design parameters needed into the project plan to address risks. • Complete any required geotechnical investigation to support pavement, drainage and structural design efforts. • Throughout design development, attend regular design review/progress meetings to present and gather information from the DDA team. The progress meetings shall be assumed to occur on a regular, bi-weekly interval. The Consultant shall also assume a minimum of ten (10) additional meetings to coordinate DD efforts with DDA or City staff. Construction Documents (CD) The Construction Document phase of the Old Town Square Renovation is defined as the phase which completes the DD drawings to a final, bid-able and build-able set of working drawings. This phase is anticipated to include a single submittal to the DDA and City of Fort Collins for final review and approval before issuance for construction. The Consultants should note that a strong focus on construction phasing and business owner impact will be present during the CD phase. It is expected that the drawings will contain multiple phasing scenarios developed by the DDA team to ensure business owner impact is minimized. • The Consultant should expect a shortened CD phase as the DD phase is anticipated to be robust and thorough. At approximately 90% drawing completeness, the Consultant shall submit a final submittal to the DDA and City. • Drawings produced throughout construction document phase are expected to include efforts from each trade sub-consultant. This will include mechanical, electrical, civil, structural, landscaping, sound and light engineering, irrigation and other trades as needed. • The Consultant will be expected to produce final “issued for construction” plans and specifications after receiving final comments from both the DDA and City. • The Consultant shall produce cost estimates for construction at the 90% design submittal stage. • The Consultant shall submit technical specifications in CSI format at the 90% plan submittal stage. • The DDA team will coordinate all construction contractor procurement through the City Purchasing Department. • Throughout CD phase, attend regular design review/progress meetings to present and gather information from the DDA team. The progress meetings shall be assumed to occur on a regular, bi-weekly interval. The Consultant RFP 7595 Old Town Square Renovation Page 7 of 23 shall also assume a minimum of eight (8) additional meetings to coordinate CD efforts with DDA or City staff. Additional Services The DDA may request additional services as needed related to feasibility and/or development of OTS from the Consultant. An additional services request will require submission by the Consultant of a revised scope of work and fee proposal by major task. Energy Efficient and Quality Design While the DDA will not be pursuing Leadership in Energy and Environmental Design (LEED) certification for any parts of this project, energy efficiency, renewable products, material reuse, water quality and construction quality are important components of the design. The consultant shall include an appropriate level of analysis for products and materials selected during SD (as part of the architectural palette) and further into design development and construction document phases to ensure these goals are addressed. Analysis of payback periods is expected to be simple and straightforward for major project components to assist in selection and decision making. Project Delivery The DDA envisions this project being delivered/constructed using an alternative delivery model. The DDA will pursue a CM/GC delivery model for selection of the project construction contractor. The Consultant selected under this contract will be expected to coordinate with the selected contractor at that time in the overall project delivery process. Available Work Products The DDA has multiple work products that have been developed in advance of the Old Town Square Renovation project. They include: • Site plans including topography and utility mapping (in AutoCAD format) • Overall program budget for construction • 2009 Needs Assessment • Condition Assessment Study • GID Backgrounder and CIP The work products listed above will be made available to proposing consultants that attend the mandatory pre-proposal meeting outlined below. RFP 7595 Old Town Square Renovation Page 8 of 23 IV. PROJECT SCHEDULE • RFP Released to Consultants: January 22, 2014 • Pre-proposal Meeting (mandatory): January 29, 2014, 1:30 pm  Location: Meet in Old Town Square at performance stage • Final Day for Questions: February 5, 2014 (5:00 pm) • Proposals Due: February 13, 2014 (3:00 pm) • Shortlist by: February 20, 2014 • Interviews: March 6, 2014 • Staff Recommendation to Board of Directors: March meeting The project schedule dates listed in italics above are approximate and may change. After the selection process is complete, the DDA anticipates SD, DD and CD phases to last through fall of 2014. Contractor selection is expected in late fall 2014 with construction expected to begin in January 2015 and complete by August 2015. V. INSTRUCTIONS TO CONSULTANTS A. Submittal Requirements Qualified consultants interested in performing the work described in this RFP should submit the following information. The information listed below is in no specific order of importance or organization. 1. Provide an original, signed cover letter of the prime firm’s principal identifying your interest and desire to work on this project. 2. Qualifications of your firm and staff proposed, as well as key consultant team members identified to perform work on this project. This should include resumes of staff and any recommendation/commendation letters received for past projects. Please include full availability of your key team members to perform work tasks outlined in this RFP. Outline how many architects and engineers on your team are licensed to practice in the State of Colorado. 3. A list of similar projects ($1 Million or larger) your firm has completed with the key personnel proposed for this project. Please provide at least five (5) complete references with full contact information. The DDA will contact one or more of your references as part of the selection process. 4. Provide sample concept plans as an indication of your creativity and work product. Sample sizes for this RFP can be 8.5”x11” up to 11”x17”. 5. Detail experience your firm has with design of public spaces such as Old Town Square. Highlight any experience your firm has with stage, plaza, lighting and sound design. Highlight projects where your firm has coordinated with many diverse stakeholder groups to gain consensus on design concepts. Discuss how this was achieved and the overall success of the process. Discuss what makes a successful project for your firm. Discuss how success RFP 7595 Old Town Square Renovation Page 9 of 23 is measured. For the projects highlighted above, limit to a sampling of projects spanning the last 5 years. 6. Discuss your project approach to designing the Old Town Square Improvements, discuss what you see to be the challenges and opportunities in the design and discuss what measures will need to be implemented to address the challenges. 7. Outline your firm’s experience with CM/GC or alternate delivery methods for construction. Discuss how this process may or may not benefit Old Town Square. 8. Provide a summary (spreadsheet format suggested) of your estimated costs to perform the Scope of Services outlined in Part III above. The summary shall outline the activities for each of the four phases, indicate the cost per phase, total of hours per estimated labor category, reimbursables and the contract total cost. Assume all schedule and work products as outlined in this RFP. 9. Discuss your willingness to enter into the Professional Services Agreement included as part of this RFP and list any exceptions your firm may have to the Agreement. 10. Limit the total length of your proposal to a maximum of 30 pages (excluding covers and dividers). 11. Submit a total of eight (8) copies of your proposal. Also submit a single electronic copy in Microsoft Word or PDF format via email to purchasing@fcgov.com or on a CD or jump drive with your hard copy submittals. Please limit the electronic file size to 20MB. 12. Proposals must be received no later than February 13, 2014 (3 pm, MST) at: If hand delivered: City of Fort Collins Purchasing Department 215 N. Mason St, 2nd Floor Fort Collins, CO 80524 If mailed: City of Fort Collins Attn: Purchasing Department PO Box 580 Fort Collins, CO 80522-0580 B. Contacts Submit all questions in writing via email to: Todd Dangerfield Project Manager Fort Collins Downtown Development Authority (970) 419-8254 tdangerfield@fcgov.com RFP 7595 Old Town Square Renovation Page 10 of 23 VI. TERMS AND CONDITIONS The payment for services, as described under the Scope of Services, shall be based upon hourly rates provided in the Scope of Services billed up to a guaranteed maximum; hourly, not-to-exceed amount. Any changes in scope to the original contract will be treated as a negotiated change order to the contract. VII. SELECTION CRITERIA AND METHOD Attached to this document is the Selection Criteria to be used during proposal evaluations and interviews. The DDA reserves the right to accept or reject any proposal and waive any irregularities or informalities presented in the proposals received. Selection Criteria Firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. 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 contract objective, methodology to be used and results that are desired from the contract? 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 contract? 1.0 Availability Can the firm provide flexibility to work on this type of contract? Are other qualified personnel available to assist in meeting project schedules if required? Is the project team available to attend meetings as required? 1.0 Sustainability Does the firm have sustainability practices built into its work? Do they have comparable projects where sustainability has been implemented and used throughout design and construction? 2.0 Firm Capability Does the firm have the support capabilities that the assigned personnel require? Has the firm designed and held previous contracts of this type and scope? 2.0 Cost Is the overall cost for the phase presented within the project manager’s budget? Are the labor unit costs reasonable and relative to current market rates? RFP 7595 Old Town Square Renovation Page 11 of 23 Reference Evaluation (Top Ranked 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 resolved 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 7595 Old Town Square Renovation Page 12 of 23 Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic (hereinafter the “DDA”), and_______________________________, (hereinafter the "Professional”). WITNESSETH: WHEREAS, pursuant to C.R.S. 31-25-807 the DDA is empowered to make and enter into all contracts which are necessary or incidental to the exercise of its powers and performance of its duties; WHEREAS, the services rendered by the Professional will advance the statutory mission of the DDA; and WHEREAS, the DDA will be compensating the Professional for providing those services described by Exhibit “____” attached hereto. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed the receipt and adequacy of which are hereby acknowledged, it is agreed by and between the parties hereto as follows: 1. Contract Period. This Agreement shall commence upon execution hereof and shall continue in full force and effect until _________________, 20___, unless sooner terminated as hereinafter provided. 2. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit “_____,” consisting of ____ pages, and incorporated herein by this reference. 3. The Work Schedule. The Professional warrants that it is willing and able to perform the Scope of Services during the Term, in accordance with the schedule identified on page ___ thereof, and agrees to perform such services in a diligent and timely manner. 4. Compensation. In consideration of the services to be performed pursuant to this Agreement, the DDA agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: With maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ___________________according to Exhibit ___ consisting _____ pages and incorporated herein by this reference. 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 verified progress in completing the services to be performed pursuant hereto and upon the DDA's approval of the Professional's reimbursable direct costs. RFP 7595 Old Town Square Renovation Page 13 of 23 Page 2 of 10 5. Billing. The Professional shall submit to the DDA detailed monthly invoices which set forth the following: (1) each service rendered; (2) if subconsultants are used, the identity of the party rendering each service; (3) the cost of each service rendered by the Professional or subconsultant(s); and (4) direct costs eligible for reimbursement hereunder. The Professional shall include with the invoice sufficient evidence of direct costs it has incurred for which it seeks reimbursement from the DDA. The Professional’s failure to comply with these requirements may, at the DDA’s option, suspend processing of payment requests until the Professional’s invoice is in compliance with said requirements. The DDA shall be obligated to pay invoices that conform to the requirements contained herein within thirty (30) days of receipt. 6. Use of Subconsultants. All subconsultants that will be performing work hereunder must be approved in writing by the DDA prior to commencing any such work. 7. DDA Representative. The DDA shall 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 (the “DDA Representative”). All communications concerning this Agreement should be directed to the DDA Representative. 8. Early Termination by the DDA. Notwithstanding the time periods contained herein, the DDA has the right to 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. In the event of any such early termination by the DDA, 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. 9. Early Termination by the Professional. Notwithstanding the term hereof, the Professional shall have the right to terminate this Agreement at any time without cause by providing written notice of termination to the DDA. Such notice shall be delivered at least forty- five (45) days prior to the termination date contained in said notice unless otherwise agreed to in writing by the DDA and the Professional. Delivering notice of early termination to the DDA shall not in any way relieve that Professional of its obligation to perform services under this Agreement through the effective date of such early termination, or relieve the DDA of its obligation to pay the Professional for such performance through the effective date of such early termination. 10. Additional Services, Changes to the Scope of Services. The DDA shall have the right during the term hereof to request changes or additions to the Scope of Services through written change order requests. Once the DDA has delivered notice of such change to the Professional, no work related to the requested change shall proceed until the parties have reached agreement regarding changes in price or scheduling requirements related to the requested change, and a written change order documenting the agreed-upon terms is prepared and issued by the DDA. No such changes or additions shall be considered approved, binding, or enforceable until the parties hereto have signed such change order form. The hourly rate to be charged for any changed or added services shall be governed by the wage rate schedule agreed upon. RFP 7595 Old Town Square Renovation Page 14 of 23 Page 3 of 10 11. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement, and continuing every thirty (30) days thereafter for the term hereof, the Professional shall provide to the DDA Representative 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 DDA, suspend the processing of any partial payment request. 12. Coordination, Quality and Accuracy of Services. The Professional shall be responsible for the coordination of all services between the Professional and its subconsultants. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all services rendered by the Professional and its subconsultants, which services shall include, by way of example and without limitation, designs, plans, reports, specifications, and drawings and the Professional shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 13. Independent Contractor. The services the Professional will be performing hereunder are those of an independent contractor, and not of an agent or employee of the DDA, nor shall the Professional’s employees, agents or subconsultants be considered employees or agents of the DDA. The DDA shall not be responsible for withholding any portion of the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 14. Responsibility for Employees and Subconsultants. The Professional shall employ and contract with only those persons or entities that are properly skilled, accredited, certified, and/or licensed, as applicable, to safely and competently perform work of the type and scope which they will be performing. The Professional agrees that it shall be fully responsible for the acts and omissions of its employees and agents and for those of its subconsultants, and any persons either directly or indirectly employed by any subconsultants to the same degree as acts and omissions of persons the Professional directly employs. Nothing contained in this Agreement shall create any contractual relation between any subconsultant and the DDA, except to the extent the DDA is indemnified or insured through requirements upon said subconsultants. 15. Legal Compliance, License and Business Requirements. The Professional shall hold, in the Professional's name, all licenses necessary to perform the Scope of Services, and shall have full authority to do such business in the State of Colorado. The Professional shall at all times during the term hereof have a designated place of business for making and accepting communications with or from the DDA. The Professional warrants to the DDA that it shall exercise the highest degree of competence and care, as determined by accepted standards for work of similar nature, in performing any services or work hereunder, and that such services and work shall be performed in accordance with all applicable laws. 16. Insurance Requirements. The Professional shall provide and maintain during the term hereof, at its own expense, and from insurance companies acceptable to the DDA, the insurance coverage designated hereinafter, and shall require the same of all subconsultants providing services in connection with this Agreement: RFP 7595 Old Town Square Renovation Page 15 of 23 Page 4 of 10 A. Employee Insurance. The Professional shall provide for all of its employees engaged in work performed under this Agreement: i. Workers’ Compensation. In accordance with the laws of the State of Colorado. ii. Employer’s Liability Insurance. In an amount not less than One Hundred Thousand Dollars ($100,000.00) per occurrence, Five Hundred Thousand Dollars ($500,000.00) aggregate, for each employee. B. Liability Insurance. The Professional shall provide the following liability insurance coverage: i. Commercial General Liability and Automobile Liability Insurance. Commercial general liability and commercial automobile liability insurance as will provide coverage for claims for damages resulting from bodily injury and death, as well as for claims for property damage and loss, which may arise directly or indirectly from the performance of work under this Agreement. Amount of coverage for commercial general liability shall be not less than One Million Dollars ($1,000,000.00) combined single limits, per occurrence, for bodily injury, death and property damage. Amount of coverage for commercial automobile liability shall be not less than One Million Dollars ($1,000,000.00) combined single limits, per accident, for bodily injury, death and property damage or loss, and coverage shall extend to any vehicle (including owned, hired and non-owned vehicles) used by the Professional, or with the consent of the Professional, in connection with the performance of the Scope of Services. The DDA shall be named on such policy or polices as an additional insured with primary coverage. Such policy or policies shall contain a standard cross-liability endorsement, and shall also contain substantially the following statement: “The insurance covered by this Certificate shall not be canceled or materially altered, without ten (10) days’ prior written notice to the Fort Collins, Colorado, Downtown Development Authority.” ii. Professional Liability Insurance. Professional liability insurance covering errors and omissions of the Professional. Amount of coverage shall be not less than One Million Dollars ($1,000,000.00). iii. Certificates of Insurance. Prior to commencing work hereunder, the Professional shall furnish the DDA with certificates of insurance for all liability insurance required herein, which show the type, amount, class of operations covered, effective dates and date of expiration of RFP 7595 Old Town Square Renovation Page 16 of 23 Page 5 of 10 such policies. C. Subconsultant Liability. In the event that any work performed hereunder is performed by a subconsultant, the Professional shall be responsible for any and all liability resulting from, arising out of or in any way connected with the work performed under this Agreement by such subconsultant, which liability is not covered by such subconsultants insurance. D. Breach of Insurance Requirements. In the event the Professional breaches its insurance obligations under this Agreement, the DDA shall have the right, but not the obligation, to take out and maintain throughout the term hereof any insurance policy or policies necessary to meet the insurance obligations herein required, and the Professional shall be liable to the DDA for all costs associated with obtaining and maintaining such policy or policies, and the DDA shall further have the right to deduct any and all such costs from payments due, or which may become due, to the Professional. 17. No Assignment. The Professional acknowledges that the DDA enters into this Agreement based upon the unique qualifications and special abilities of the Professional and that this Agreement shall be considered an agreement for personal services. Accordingly, the Professional shall not have the right, power or authority to assign any responsibilities nor delegate any of its duties arising hereunder to any other individual or entity without the prior written consent of the DDA. 18. Modification of Agreement. No subsequent addition to this Agreement, or modification of any term or provision herein contained, shall be valid, binding, or enforceable unless made in writing and signed by the parties hereto. 19. Default. Each and every term and provision contained herein shall be deemed to be a material element of this Agreement. In the event that either party hereto should fail or refuse to perform in accordance with any term or provision of this Agreement, such party may be declared in default. 20. 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 uncured after the ten (10) day period, the party declaring default may elect to: (a) terminate this Agreement and seek damages; or (b) avail itself of any other remedy provided by law or at equity. The election by a party of one form of remedy shall not preclude such party from seeking any other remedy provided by law or at equity. In the event of any such uncured default, the non-defaulting party shall be entitled to and shall be awarded from the defaulting party all reasonable costs and expenses, including attorneys’ fees and other legal expenses, incurred by the non-defaulting party in connection with such default. 21. Acceptance Not Waiver. Approval by the DDA of drawings, designs, plans, specifications, reports and incidental work or materials furnished hereunder shall in any way relieve the Professional of responsibility for the quality or technical accuracy of such work. The DDA’s approval or acceptance of, or payment for, any services performed hereunder shall not be RFP 7595 Old Town Square Renovation Page 17 of 23 Page 6 of 10 construed to operate as a waiver of any rights or benefits provided hereunder. 22. Limitation on Waiver of Breach. The failure of either party hereto to insist, in any one instance or more, upon the performance of any of the duties, obligations, covenants or conditions of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as thereafter waiving any such duties, obligations, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect. 23. Indemnification. The Professional shall indemnify, save and hold harmless the DDA, its officers, directors, employees and agents, from and against any claim, suit, demand, liability, loss, cost, expense or damage, including, attorneys’ fees, judgments, or other legal expenses resulting from, arising out of or in any way connected with the Professional’s performance hereunder. In any and all claims, suits, or demands against the DDA, or its officers, directors, employees and agents, by any employee or agent of the Professional, or of any the Professional’s subconsultants, the indemnification obligation under this Section 23 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Professional or any subconsultant under workers’ compensation laws, disability benefit laws or other employee benefit laws provided by law. 24. Notification of Claim. The DDA shall notify the Professional within a reasonable time after receiving notice of any claim for which the indemnity provision contained herein would apply. So long as the Professional promptly and vigorously defends a claim, the Professional shall have control over the defense and settlement of any such claim; provided, however, that the Professional must obtain a complete discharge of all DDA liability through any such settlement. In the event that the Professional fails to promptly and vigorously pursue the defense and/or settlement of such claim, the DDA shall have the right, but not the obligation, to assume the defense and settlement thereof, and the Professional shall be liable for all costs and expenses incurred by the DDA in the pursuit thereof. The DDA shall furnish, at the Professional’s reasonable request and expense, information and assistance necessary for such defense. RFP 7595 Old Town Square Renovation Page 18 of 23 Page 7 of 10 25. Notice. Except as expressly provided otherwise, any notice required or desired to be given by any party to this Agreement shall be in writing and may be personally delivered; sent by certified mail, return receipt requested; or sent by a nationally recognized receipted overnight delivery service, including the United States Postal Service, United Parcel Service or Federal Express for earliest delivery the next day. Any such notice shall be deemed to have been given and received as follows: when personally delivered to the party to whom it is addressed; when mailed, three delivery (3) days after deposit with the United States Postal Service, postage prepaid; and when by overnight delivery service, one (1) day after deposit in the custody of the delivery service. The addresses for the mailing or delivering of notices shall be as follows: If to the Professional: If to the DDA: The Fort Collins, Colorado Downtown Development Authority ATTN: Executive Director 19 Old Town Square, Suite 230 Fort Collins, CO 80524 With a copy to: Liley, Rogers & Martell, LLC ATTN: Lucia A. Liley, Esq. 300 S. Howes Street Fort Collins, CO 80521 Notice of a change of address of a party shall be given in the same manner as all other notices as hereinabove provided. 26. Work Product. The DDA shall own and retain all right, title, and interest in and to all reports, documents, drawings, specifications, plans, designs, and other information or work product that are produced, created developed, or made by Professional or its subconsultants in connection with the Scope of Services (collectively the “Work Product”), and such Work Product shall be the sole property of the DDA. 27. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide to the DDA 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. A compact disc of the as-built drawings shall also be submitted to the DDA in an RFP 7595 Old Town Square Renovation Page 19 of 23 Page 8 of 10 AutoCAD version no older than the established standard. 28. Subject to Annual Appropriation. Any financial obligations of the DDA arising under this Agreement which are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the City Council of the City, in its discretion, and/or the Board of the DDA, in its discretion, as applicable. 29. Successor Entity to the DDA. In the event that the legal existence of the DDA terminates during the term of this Agreement, it is expressly acknowledged by the parties hereto that the City is designated the DDA’s successor entity, and all rights and obligations of the DDA set forth herein shall thereupon become the rights and obligations of the City. 30. Governing Law/Venue/Severability. The laws of the State of Colorado shall govern the execution, construction, interpretation and enforcement of this Agreement. Should any party hereto institute legal suit or action resulting from, arising out of or in any way connected with this Agreement, it is agreed by the parties hereto that venue for such suit or action shall be proper and exclusive in the District Court of Larimer County, Colorado. If any term or provision contained herein is held to be illegal, invalid or unenforceable, such term or provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable term or provision had never comprised a part hereof and the remaining terms and provisions contained herein shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or term, or by its severance herefrom. 31. Attorney Fees. In the event that any litigation is commenced by one party hereto against the party hereto, which litigation results from, arises out of, or is in any way connected with this Agreement, the court shall award to the substantially prevailing party all reasonable costs and expenses, including attorneys’ fees and other legal expenses. 32. Prohibition Against Employing Illegal Aliens. Pursuant to C.R.S. § 8-17.5-101 et seq., the Professional represents and agrees that: a. As of the date of execution of this Agreement: i. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and ii. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program, an employment verification program established pursuant to C.R.S. § 8-17.5-102(5)(c) and administered by the Colorado Department of Labor and Employment, Division of Labor, in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. RFP 7595 Old Town Square Renovation Page 20 of 23 Page 9 of 10 b. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subconsultant who knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Professional shall not use the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants during the term hereof. d. If the Professional obtains actual knowledge that a subconsultant performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: i. Notify such subconsultant and the DDA within three days that the Professional has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this Section 38 the subconsultant does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. e. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102 (5). f. If the Professional violates any provision of this Agreement pertaining to the duties imposed by C.R.S § 8-17.5-102 the DDA shall have the right to terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the DDA arising out of the Professional’s violation of C.R.S. § 8-17.5-102. g. The DDA will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the DDA terminates the Agreement for such breach. 33. Integration/Survival. This contract, which includes this Agreement together with any exhibits incorporated herein by reference, represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, whether written or oral. All conditions, rights, privileges, duties, covenants, warranties and obligations contained herein shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective successors and assigns, and shall remain in full force and RFP 7595 Old Town Square Renovation Page 21 of 23 Page 10 of 10 effect and shall survive, to the maximum extent allowable by law, the termination or expiration of this Agreement. 34. Local, State and Federal Law. The meaning of “local, state or federal law,” shall include any and all relevant acts, statutes, ordinances, rules, regulations, common law doctrines and judicial precedents, which are now in force or which may hereafter be articulated, rendered, adopted, enacted, amended or promulgated. 35. Interpretation. Sections and headings contained herein are for organizational purposes only and shall not affect the interpretation of this Agreement. The terms and provisions contained in the body of this Agreement shall always supersede and control the terms and provisions contained in any attached and incorporated document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature below written. THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic By: ____________________________________ Wynne Odell, Chairperson Date: ___________________ ATTEST: By: ________________________________ Janet Bramhall, Secretary PROFESSIONAL By: __________________________________ Title: __________________________________ Date: ___________________ ATTEST: By: _________________________________ (Corporate Seal) Corporate Secretary RFP 7595 Old Town Square Renovation Page 22 of 23 ALLEY (TRIMBLE CT) WV WV WV WV EAST MOUNTAIN AVENUE WALNUT STREET NORTH COLLEGE AVENUE 20' PUBLIC ALLEY 20' PUBLIC ALLEY LINDEN STREET OLD TOWN SQUARE SHEET NO. PROJECT NO. TOTAL NUMBER DESIGNED BY: DRAWN BY: APPROVED BY: SCALE: SHEET SUBSET: Exhibit ___ To agreement dated ___2013 by and among the Fort Collins Downtown Development Authority, The City of Fort Collins and Progressive Old Town Square Limited Liability Company. 1315 Oakridge Drive, Suite120 DATE: Fort Collins, Colorado 80525 FAX: 970.204.1673 www.ditescoservices.com NONE December 21, 2012 K. Meyer B. Javernick R. Bunner 1"=60' 1 OWNERSHIP EXHIBIT EXHIBIT 1 OWNERSHIP: NUMBER OWNER PROGRESSIVE OLD TOWN SQUARE LLC (POTS) FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY (DDA) PROGRESSIVE OLD TOWN SQUARE LLC (POTS) PROGRESSIVE OLD TOWN SQUARE LLC (POTS) PROGRESSIVE OLD TOWN SQUARE LLC (POTS) PROGRESSIVE OLD TOWN SQUARE LLC (POTS) FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY OLD TOWN SQUARE RFP 7595 Old Town Square Renovation Page 23 of 23