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HomeMy WebLinkAboutRFP - 7638 PARKING STRUCTURES SPECIFICATIONS & DRAWINGS (2)RFP 7638 Parking Structures Specifications & Drawings Page 1 of 28 REQUEST FOR PROPOSAL 7638 PARKING STRUCTURES SPECIFICATIONS & DRAWINGS The City of Fort Collins is requesting proposals from qualified firms to provide specifications, drawings, and long term maintenance and snow plow removal plans for the Civic Center Parking Structure and the Old Town Parking Structure. Proposals submission via email is preferred. Proposals shall be submitted in 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), May 21, 2014 and referenced as Proposal No. 7638. 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-bid meeting will be held May 8, 2014 at 10:00 am and we will meet at the northwest Corner of the Civic Center Parking Structure or corner of Mason and Laporte. Questions concerning the scope of the project should be directed to Project Manager, Mike Breeze at (970) 566-7044 or mbreeze@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 Mike Breeze, with a copy to John Stephen, by 5:00 PM (our clock) on May 12, 2014. 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 7638 Parking Structures Specifications & Drawings Page 2 of 28 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 7638 Parking Structures Specifications & Drawings Page 3 of 28 REQUEST FOR PROPOSAL 7638 PARKING STRUCTURES SPECIFICATIONS & DRAWINGS BACKGROUND The City is requesting proposals for qualified firms to provide specifications, drawings, and long term maintenance and snow plow removal plans for the Civic Center Parking Structure and the Old Town Parking Structure. The most important of these is providing specifications and drawings (if needed) to get the construction work completed this year. Structures are located: Old Town Parking Structure (106,820 sf) is located at 102 Remington Street (built in 1985) and Civic Center Parking Structure (288,110 sf) is located at 120 N. Mason Street (built in 1999). In 2013, the City hired Martin/Martin Consulting Engineers to conduct a Parking Structures Condition Appraisal. From that appraisal, the City’s next step is to complete bid specifications and drawings so we can complete the work this year. Future work may include design, structural engineering, reports and drawings as necessary. This could include a future condition appraisal. All future work will be issued through work orders. No work order will exceed $75,000. This is a one year agreement but, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. RFP SCHEDULE • Final Day for Questions: May 12, 2014 (5:00 pm) • Proposals Due: May 21, 2014 (3:00 pm) • Shortlist by: May 28 , 2014 • Interviews: June 5, 2014 The project schedule dates listed in italics above are approximate and may change. SUBMITTAL REQUIREMENTS All respondents are required to include the following information IN THIS ORDER in the submittal as a minimum. 1. Project Understanding: Provide a brief summary of your understanding of the project. 2. Approach: Describe your recommended approach to achieve each of the tasks outlined in the Scope of Work. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective ideas. RFP 7638 Parking Structures Specifications & Drawings Page 4 of 28 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. Examples of 5 projects with location and reference contacts completed within the last 5 years. c. People (experience, availability, commitment) d. Proposed team organization (org chart) of key personnel with titles and specific tasks 5. Schedule: The City request that the bidding documents be completed and available for bidding by June 20, 2014. Please include a schedule if your team cannot meet this requirement. 6. Budget: Provide a lump sum cost broken out by structures and a total lump sum cost. Provide rates sheets for all personnel including all sub-consultants if any. Within your response, please include how you would work with City staff to conduct the project in an effort to save costs wherever possible. A maximum number of 15 double-sided pages (30 pages total) are allowed for this proposal including resumes and samples of work. RFP 7638 Parking Structures Specifications & Drawings Page 5 of 28 Vendor Statement (Please note: This form must be included in your proposal) I have read and understand the specifications and requirements for this proposal and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete a Professional Services Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME _________________________________________________________ Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE _________________________________________________________ PRINTED _________________________________________________________ ADDRESS _________________________________________________________ _________________________________________________________ PHONE _________________________________________________________ EMAIL _________________________________________________________ Compensation and Contract Process A. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct secondary evaluations. B. The selected Service Provider shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. D. The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities RFP 7638 Parking Structures Specifications & Drawings Page 6 of 28 SCOPE OF WORK FOR PARKING STRUCTURE SPECIFICATIONS & DRAWINGS Following is list of requirements as outlined in the 2013 Condition Assessment reports and the precast report. Please include as a minimum the following in the response: 1. Develop Bid Specifications for all identified repairs or maintenance items. 2. Provide construction drawings for the bid package on each item as needed. 3. Provide Long Term Maintenance and Custom Snow Removal Plans for both parking structures. 4. Assist in selection of contractors such as providing references. 5. Conduct at least 2 site visits for each repair and attend a pre-construction conference if necessary for each repair. CIVIC CENTER GARAGE Waterproofing Repairs The new sealants placed in the vertical joints should be a non-bleeding silicone sealant; the color should match the original joint sealant being replaced and or the adjacent materials, veneer, spandrel panels, etc. Prior to installation the joints should be properly cleaned and primed per the manufacturer’s recommendations. A closed cell backer rod should be installed where required to complete the installation of the vertical sealants. Where the vertical joints extend up to the top of any given spandrel panel or column, the new joint sealant should wrap up and over the top of the spandrel panels and back down the inside vertical face to the location where it intersects with the horizontal surface. Any flashings that need to be removed or put in place to complete this should be done; the flashing should be removed, reinstalled, and/or replaced if they are damaged during the removal. The flashing should be secured to the structure similar to the current flashing and painted to match. Some of the locations where the sealants should be removed and replaced are as follows: Exterior Walls • Vertical wall joints • Horizontal wall joints • Exterior cove joints • Skyward brick/stone joints • Window frames RFP 7638 Parking Structures Specifications & Drawings Page 7 of 28 Primary Structure • Perform any repairs that are recommended following the additional evaluation of the potential torsion cracking on the spandrel beam and associated cracking of the adjacent double tees in the snow removal area. These repairs could consist of one of the following options or some combination. 1. Replace the damaged and/or broken spandrel to tee connections below the snow storage area with new slip connections. Install new vehicle bollards in front of the damaged spandrel. Apply a protective coating to the inside face and top surfaces of the damaged spandrel panels. 2. Design and install carbon fiber repairs to strengthen the damaged spandrel beam. Perform overhead concrete repairs to the damaged double tees. Repair the broken connections below the snow storage area. Refer to Structural Analysis Report provided by Martin/Martin Consulting Engineers. • Remove and replace all horizontal joint sealants with a polyurethane sealant on the top two parking levels. • Install new polyurethane sealant in all cove joints at the transition between the horizontal and vertical surfaces of the top two parking levels. • Apply a penetrating silane sealer to the structural slabs on the top two levels. Exterior Walls • Seal gaps in the wall at canopy locations with a non-beading silicone sealant. Install backer rod or closed cell foam for backing as required. • Apply cove bead of sealant around all parapet rail posts. Prior to sealing wire brush steel to remove corrosion and paint. • Repair damaged tile on site walls. • Rout and seal slab-on-grade cracks. • Patch deteriorated sections of concrete slab-on-grade. Stair 1 (southwest) • Wire brush corroded steel railing and re-coat with a rust-inhibitive coating. If section loss at post exceeds 10%, replace with new post to match the existing in size and thickness. • Apply cove bead of sealant around all rail posts. • Remove and replace sealant at column to brick with a silicone sealant. Repair is to be performed on the interior face of the exterior wall. Stair 2 (southwest elevator and stair) • Wire brush corroded steel railing and column base plates. Re-coat with a rust- inhibitive coating. If section loss at post exceeds 10%, replace with new post to match the existing in size and thickness. RFP 7638 Parking Structures Specifications & Drawings Page 8 of 28 • Apply cove bead of sealant around all rail posts. • Fill core holes with non-shrink repair mortar. Stair 3 (northwest elevator and stair) • Wire brush corroded steel railing and column base plates. Re-coat with a rust- inhibitive coating. If section loss at post exceeds 10%, replace with new post to match the existing in size and thickness. • Apply cove bead of sealant around all rail posts. • Rout and seal floor cracks with polyurethane sealant. • Remove and replace failed slab joints with a polyurethane sealant. Coating • Patch coating over existing cracks where damage has occurred Primary Structure • Remove and replace all horizontal joint sealants with a polyurethane sealant on the lower two structural levels. • Install new polyurethane sealant in all cove joints at the transition between the horizontal and vertical surfaces on the lower two structural levels. • Clean deck and apply a penetrating silane sealer to the structural slabs on the lower two structural levels. • Clean and paint all corroded steel connections and bearing plates on all levels. • Remove and replace all debonded grout pockets surrounding the precast lifting points of the spandrel beams on all levels. • Perform miscellaneous repairs to areas of spalled concrete at various horizontal and vertical throughout the structure. • Clean the efflorescence and rust stains from all visible surfaces throughout the structure. Exterior Walls • Tuck point deteriorated mortar joints. • Remove deteriorated grout at bed joints. Install weeps as necessary at 24 inches on center and seal bed joint with silicone sealant. • Re-set or repair metal flashing at northeast corner. • Wire brush corroded steel railing and finishes, re-coat with a rust-inhibitive coating. • Wash and coat all brick/stone surfaces with a breathable sealer. • Re-coat south and east walls with an elastomeric coating to match the existing. RFP 7638 Parking Structures Specifications & Drawings Page 9 of 28 • Replace broken or damaged cap stones. • Apply flashing or coating to all horizontal parapet surfaces. • Remove and replace cracked faux brick. Stair 1 (southwest) • Rout and seal floor cracks with polyurethane sealant. • Remove expansion joints and replace with a flanged expansion joint. Provide proper termination at each end. • Slope slab to direct water away from the south wall or install new drains. • Install sealant between steel ledger and slab. • Install a waterproof traffic coating over landings at floor levels to minimize water penetration at joints. The coating should extend to the expansion joint. Stair 2 (southwest elevator and stair) • Rout and seal floor cracks with polyurethane sealant. • Remove expansion joints and replace with a flanged expansion joint. Provide proper termination at each end. • Remove and replace deteriorated concrete at landing locations with non-shrink concrete repair mortar. • Install a waterproof traffic coating over all floor and intermediate landings to minimize water penetration at joints. The coating should extend over the outer face of mid-level landings. Stair 3 (northwest elevator and stair) • Wire brush corroded steel ledge angle. Re-coat with a rust-inhibitive coating. If section loss exceeds 10% contact engineer for investigation and repair recommendations. • Install new drains in slab at elevator to minimize water penetrating through the slab. • Repair scaling/deteriorated concrete. • Apply a breathable sealer to the concrete at elevator landings. • Remove and replace deteriorated concrete at landing locations with non-shrink concrete repair mortar. • Install a waterproof traffic coating over the mid-level landings to minimize water penetration at joints. RFP 7638 Parking Structures Specifications & Drawings Page 10 of 28 Second floor Galleria Bridge • Wire brush corroded steel framing and deck. Re-coat with a rust-inhibitive coating. If section loss exceeds 10% or voids in tubes are encountered contact engineer for investigation and repair recommendations. • Install a new trench drain adjacent to the building wall. • Install a cove bead of polyurethane sealant continuous along the edge of the ramp. • Rout and seal floor cracks with polyurethane sealant. • Remove and replace failed slab joints with a polyurethane sealant. • Install a waterproof traffic coating over the ramp to minimize water penetration at joints. The coating should extend up the vertical surface a minimum of 3 inches at sides. Coating • Install a cant at edge conditions and extend up wall 4 inches minimum. • Apply a new top coat to the existing urethane coating. Long Term Maintenance and Custom Snow Removal Plan Generate a written maintenance plan or manual that is tailored specifically to the Civic Center Garage. This document would include a narrative describing the current conditions of the structure, a list of the current waterproofing systems in place, and discussions on how to best maintain the structure going into the future. The maintenance manual would contain various checklists so that on-site maintenance personnel can perform quick reviews of what items have been completed periodically throughout the year. The maintenance plan should also outline specific methods and procedures to be used to remove snow and ice from the exposed levels of the garage. The maintenance plan would define the capacity of the structure, outline what size of snow removal equipment is acceptable, and offer acceptable locations and sizes of snow storage stockpiles. This maintenance plan would include directions on implementing routine maintenance items that can be performed on an annual basis by on-site maintenance personnel. It would further outline preventative maintenance items that should be budgeted for considering a multi-year recurrence interval in order to prolong the structural integrity and maintain the waterproofing elements. This also includes the specific snow removal techniques and a snow removal plan to ensure that the structure is not overloaded above and beyond its design capacity. The normal wear and tear of snow removal procedures would be considered when approximating the recurrence intervals of the multi-year maintenance items mentioned above. RFP 7638 Parking Structures Specifications & Drawings Page 11 of 28 OLD TOWN PARKING STRUCTURE Waterproofing Repairs The new sealants placed in the vertical joints should be a non-bleeding silicone sealant; the color should match the original joint sealant being replaced and or the adjacent materials, veneer, spandrel panels, etc. Prior to installation the joints should be properly cleaned and primed per the manufacturer’s recommendations. A closed cell backer rod should be installed where required to complete the installation of the vertical sealants. Where the vertical joints extend up to the top of any given spandrel panel or column, the new joint sealant should wrap up and over the top of the spandrel panels and back down the inside vertical face to the location where it intersects with the horizontal surface. Any flashings that need to be removed or put in place to complete this should be done; the flashing should be removed, reinstalled, and/or replaced if they are damaged during the removal. The flashing should be secured to the structure similar to the current flashing and painted to match. Some of the locations where the sealants should be removed and replaced are as follows: Exterior Walls • Vertical wall joints • Horizontal wall joints • Exterior cove joints • Skyward parapet joints • Retaining wall on the north wall Primary Structure – top level and ramp • Perform any repairs that are recommended following the additional evaluation of the potential shear cracking to the double tee stems and inverted tee bearing locations. Refer to Structural Analysis Report provided by Martin/Martin Consulting Engineers. • Remove the existing traffic coating and cementitious overlay from the top level. • Repair all the delaminations in the topping slab on the upper parking level, ramp toward level 2 and the landing at the base of this ramp located on level 2. • Install an epoxy leveling course onto scaled areas of the top parking surface. • Place cricketed overlays in areas of poor drainage to direct water towards the existing drains. • Remove and replace all horizontal joint sealants with a polyurethane sealant. • Install new polyurethane sealant in all cove joints at the transition between the horizontal and vertical surfaces of the top parking level and ramp to level 2. • Install a new polyurethane deck coating on the upper parking level, the ramp to level 2 and the landing at the base of this ramp located on level 2. RFP 7638 Parking Structures Specifications & Drawings Page 12 of 28 • Remove and replace all debonded grout pockets surrounding the precast lifting points of the spandrel beams on the top level. • Repair any vertical concrete surfaces that have been damaged by snow removal equipment. • Apply a protective coating to the inside face and top surfaces of the perimeter walls of the top level. • Repair the damaged concrete on the inverted tee beam below the top level located at the pedestrian bridge near the elevator. Bridge • Remove soffit and contact engineer for investigation. • Wire brush corroded steel framing. Re-coat with a rust-inhibitive coating. If section loss exceeds 10%, contact engineer for investigation and repair recommendations. • Remove loose and damaged concrete at underside of the structure and on the surface of the bridge. Patch with a non-shrink repair mortar. Stair (main entry) • Adjust sill flashing and seal end conditions with a silicone sealant. • Install a drip edge extending 1 inch from the surface of the wall. • Install silicone sealant to the termination bar of flat roof section. Stair (interior) • Wire brush corroded steel at upper level enclosure. Re-coat with a rust-inhibitive coating. If section loss exceeds 10%, contact engineer for investigation and repair recommendations. • Install a cove bead of polyurethane sealant around the perimeter of the enclosure. Primary Structure • Remove and replace all horizontal joint sealants with a polyurethane sealant on the lower (covered) levels. • Install new polyurethane sealant in all cove joints at the transition between the horizontal and vertical surfaces of the top parking level and ramp to level 2. • Apply a penetrating silane sealer to the topping slabs of the lower (covered) levels. • Clean and paint all corroded steel connections and bearing plates. • Repair the surface spalls on the columns at the cable rail termination locations. • Remove and replace all debonded grout pockets surrounding the precast lifting points of the spandrel beams on the lower levels. RFP 7638 Parking Structures Specifications & Drawings Page 13 of 28 • Epoxy inject the crack in the concrete wall below the steel guardrail on the top level. • Perform miscellaneous repairs to areas of spalled concrete at various horizontal and vertical throughout the structure. • Clean the efflorescence and rust stains from all visible surfaces throughout the structure. Exterior Walls • Tuck point deteriorated mortar joints. • Patch lifting loops with a non-shrink repair mortar. • Repair damaged concrete at north columns. Chip out concrete to sound material and patch using non-shrink repair mortar. During repair, the steel reinforcing and embeds should be cleaned and inspected for damage and deterioration. • Remove and replace deteriorated sections of concrete slab-on-grade at the north entrance. • Clean brick/stone surfaces with a breathable sealer. • Re-coat north and south surfaces with an elastomeric coating. • Apply flashing or coating to all horizontal parapet and rail surfaces. Bridge • Remove and replace expansion joint with a flanged joint. • Patch lifting loops at spandrel beams with a non-shrink repair mortar. • Rout and seal slab cracks with a polyurethane sealant. • Remove and replace sealant at interior vertical joints with a polyurethane sealant. • Install a waterproof traffic coating over all landings to minimize water penetration at joints. Long Term Maintenance Plan and Custom Snow and Ice Removal Plan Provide a written maintenance plan or manual that is tailored specifically to the Old Town Garage. This document would include a narrative describing the current conditions of the structure, descriptions of what repairs have been performed along with a list of repair materials and procedures, a list of the current waterproofing systems in place, and discussions on how to best maintain the structure going into the future. The maintenance manual would contain various checklists so that on-site maintenance personnel can perform quick reviews of what items have been completed periodically throughout the year The maintenance plan should outline specific methods and procedures to be used to remove snow and ice from the top level of the garage. The maintenance plan would RFP 7638 Parking Structures Specifications & Drawings Page 14 of 28 define the capacity of the structure, outline what size of snow removal equipment is acceptable, and offer acceptable locations and sizes of snow storage stockpiles.. This maintenance plan would include directions on implementing routine maintenance items that can be performed on an annual basis by on-site maintenance personnel. It would further outline preventative maintenance items that should be budgeted for considering a multi-year recurrence interval in order to prolong the structural integrity and maintain the waterproofing elements. This also includes the specific snow removal techniques and a snow removal plan to ensure that the structure is not overloaded above and beyond its design capacity. The normal wear and tear of snow removal procedures would be considered when approximating the recurrence intervals of the multi-year maintenance items mentioned above. RFP 7638 Parking Structures Specifications & Drawings Page 15 of 28 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 7638 Parking Structures Specifications & Drawings Page 16 of 28 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 7638 Parking Structures Specifications & Drawings Page 17 of 28 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for , issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 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. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year RFP 7638 Parking Structures Specifications & Drawings Page 18 of 28 periods not to exceed ( ) 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. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address: Professional: City: 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. 6. Design, Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by RFP 7638 Parking Structures Specifications & Drawings Page 19 of 28 third parties against the City and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit " ", consisting of ( ) page(s), attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing RFP 7638 Parking Structures Specifications & Drawings Page 20 of 28 accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12. 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. Professional may, however, subcontract the work or other portions of the Work by providing notice to the City of its intent to do so. 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 RFP 7638 Parking Structures Specifications & Drawings Page 21 of 28 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. 13. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 14. 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. 15. 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. 16. 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. RFP 7638 Parking Structures Specifications & Drawings Page 22 of 28 17. 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. 18. 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. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5- 102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that RFP 7638 Parking Structures Specifications & Drawings Page 23 of 28 knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and RFP 7638 Parking Structures Specifications & Drawings Page 24 of 28 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. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7638 Parking Structures Specifications & Drawings Page 25 of 28 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: _________________________________ Printed: _____________________________ Title: _______________________________ Date: _______________________________ RFP 7638 Parking Structures Specifications & Drawings Page 26 of 28 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_______________________________ Date:_____________________________ City of Fort Collins By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________ RFP 7638 Parking Structures Specifications & Drawings Page 27 of 28 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 7638 Parking Structures Specifications & Drawings Page 28 of 28 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.