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HomeMy WebLinkAboutRFP - 8139 LINCOLN CORRIDOR PROJECT - FINAL DESIGN (3)RFP 8139 Lincoln Corridor Project – Final Design Page 1 of 21 REQUEST FOR PROPOSAL 8139 LINCOLN CORRIDOR PROJECT - FINAL DESIGN The City of Fort Collins is requesting proposals from a consulting firm or team to provide the City with engineering design services for the Lincoln Corridor Project. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB 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 must be received before 3:00 p.m. (our clock), July 14, 2015 and referenced as Proposal No. 8139. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A pre-proposal meeting will be held at 2:00 PM on June 30, 2015 in the Training Room (Conference Room 2E) at 215 N Mason Street, Fort Collins. Questions concerning the scope of the bid should be directed to Erika Keeton, Project Manager, at (970) 221-6521 or ekeeton@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 Erika Keeton , with a copy to John Stephen, no later than 5:00 PM our clock on July 6, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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. All provisions of any contract resulting from this request for proposal will be public information. 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 8139 Lincoln Corridor Project – Final Design Page 2 of 21 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8139 Lincoln Corridor Project – Final Design Page 3 of 21 REQUEST FOR PROPOSAL 8139 LINCOLN CORRIDOR PROJECT - FINAL DESIGN The City of Fort Collins is requesting proposals from a consulting firm or team to provide the City with engineering design services for the Lincoln Corridor Project. The successful firm/team will identify and address all of the tasks, issues, and deliverables in their proposal and as described through this RFP. The successful candidate must possess the expertise and requisite skills necessary to complete the project within the established schedule and budget, and be motivated to work with city staff, citizens, and governing bodies to accomplish the goals and objectives of this project. Tasks to complete the project include, but are not limited to, those outlined in the enclosed Scope of Work. Proposers should note that project understanding, firm capability and ability to meet the project schedule are important elements in selecting the successful firm/team to be awarded a contract through this Request for Proposal (RFP) process. I. INTRODUCTION The City of Fort Collins is seeking professional consulting services to provide preliminary and final design services, including preparation of construction plans and technical specifications, for the Lincoln Corridor Project based on the concepts presented in the Lincoln Corridor Plan (May 2014 http://www.fcgov.com/planning/lincoln.php) while using a Construction Management/ General Contractor (CMGC) delivery model for procurement of a general contractor for construction phase services. The Lincoln Corridor Plan developed a vision and a preliminary multi-modal design for Lincoln Avenue between Jefferson Street and Lemay Avenue. The corridor is growing and already reflects an eclectic mix of existing uses, historic neighborhoods, retail, industrial, and natural areas - as well as a developing technology campus. In addition, this portion of Lincoln Avenue lacks basic infrastructure in many places and needs to be brought up to current City standards. The Plan seeks to provide an enhanced level of amenities and a design that restores its importance as a primary entry to the heart of the City, as well as providing an important connection from Downtown to the east and northeast. The total estimated cost of the Lincoln Corridor Project is $19.3 million. Due to funding limitations, only the segment from 1st Street to Lemay Avenue (including the west half of the Lemay intersection) is currently funded. The scope of the proposed improvements is based on the concepts approved in the Lincoln Corridor Plan with a reduced level of enhancement consistent with the budget of $6.5 million and accommodations to existing uses. This segment is 100% locally funded and includes right of way acquisition, professional services and construction. The Corridor is divided into the following 3 funding segments: • 1st Street to Lemay Avenue - $6.5 Million Reduced Plan (Full Plan $8.0 Million) • Poudre River Bridge - $5.3 Million Reduced Plan (Full Plan $5.7 Million) • UPRR to Poudre River Bridge - $3.6 Million Reduced Plan (Full Plan $5.6 Million) RFP 8139 Lincoln Corridor Project – Final Design Page 4 of 21 It is the intent of the City to hire a single consultant team capable of providing design services for all 3 segments. However, it is expected that notice to proceed will only be provided for the 1st Street to Lemay Avenue segment at this time. II. CONSULTANT SELECTION PROCESS & PROJECT SCHEDULE Construction of the Lincoln Corridor Project is scheduled to commence in the 2nd quarter of 2016. Proposing teams must explain their approach and strategy to ensuring this schedule is met as well as their understanding of the challenges of meeting a fast-track schedule. Consultant Selection Process RFP available to public June 23, 2015 Pre-proposal meeting June 30, 2015 RFP Submittal due July 14, 2015 Selection of short listed consulting teams Week of July 13, 2015 Conduct Interviews July 22, 2015 Project Schedule NTP Commence Design August 2015 30% Preliminary Plan Submittal/Review December 2015 CMGC Selection January 2016 65% Final Plan Submittal/Review February 2016 90% Final Plan Submittal/Review April 2016 Construction Phase May 2016 It is the intent of the City to hire a single consultant team capable of providing all of the design services described in the Scope of Work including roadway, structures, urban design, landscaping, traffic, drainage, utility design, and public involvement. Proposers should make sure to address their capability, experience and expertise in all of these areas. The City anticipates writing an initial contract for design and preparation of plans and technical specifications for the 1st Street to Lemay Avenue segment, including the west half of the Lincoln/Lemay intersection. Proposers should submit a detailed scope for this segment of the Project. The Contract will also include engineering support during construction. Proposers should be aware that it is the intent of the City to use a single consultant team throughout the life of the project, but this will be based on continued satisfactory performance of the consultant team. To accomplish this, the City intends to execute a master services agreement that will allow unique work orders to be executed for each project phase as funding is available. III. SCOPE OF WORK The following services have been or will be completed by others and are not included in the Scope of Work unless otherwise noted: RFP 8139 Lincoln Corridor Project – Final Design Page 5 of 21 • Lincoln Avenue storm drainage outfall alternatives and preliminary master plan are being completed by ICON Engineering. This document may be provided by addendum, or as soon as it is available prior to final design project scoping. • Construction Management (CM) and contract administration services will be provided by the City or under separate contract with Ditesco. • Property acquisition activities including appraisals will be completed by other consultants under a separate contract with the City’s Real Estate Services Department. City Staff will manage all property negotiations; including value finding, appraisals, offers, negotiations and closings. • Legal Descriptions and exhibits for right-of-way (ROW), temporary construction easements (TCE) and permanent easement acquisitions will be completed by the City Engineering Department. • Preparation and negotiation of all third party agreements including railroad agreements, intergovernmental agreements, utility and ditch agreements will be completed by the City.  Traffic signal timing, modeling, priority and preemption where required, and coordination with train signal systems will be completed by the City Traffic Department.  The City will coordinate all construction contractor procurement through the City Purchasing Department. The following is a draft Scope of Work. If necessary, the proposing consultant firm/team should expand each of the tasks listed below. Additional tasks that the consultant firm/team determines necessary to assure a good product should also be added to this list. Scope of Work - Final Design and Preparation of Plans and Technical Specifications A. Project Management and Coordination – The Final Design Consultant (FDC) will be responsible for all project management and coordination activities associated with the final design. This includes monthly project reporting, scheduling, meetings, preparation of meeting minutes and all routine project coordination. The FDC shall coordinate the design of the Lincoln Corridor Project with the design of other public and private projects currently underway along and adjacent to the Corridor. B. Project Initiation – The FDC shall gather and review all available project related data including the Lincoln Corridor Plan. The FDC shall schedule and conduct a project kick-off meeting with all project stakeholders and City departments to review the status of the design, obtain input, and establish the project schedule and other management and coordination requirements. C. Agency Coordination –The FDC will be responsible for all agency coordination associated with the final design including all City departments, utility and ditch companies, property/business owners and other project stakeholders. D. Public Involvement – The FDC shall develop and implement a public involvement process to solicit public input and participation into the design of the project. One public open house will be required at the completion of the 65% design to update the public on the status of the project and to present details of the project. It is anticipated RFP 8139 Lincoln Corridor Project – Final Design Page 6 of 21 that several other smaller group meetings and presentations will be required with special interest groups and affected property owners. The City’s Public Communications office will provide support to the PI program. The FDC will be responsible for the preparation of all graphics for the PI program. The FDC will be responsible for all activities associated with the public open house including scheduling the meeting, preparation of graphics and other presentation materials, attending the meeting and any follow-up activities. E. Surveying – The FDC shall provide the necessary topographic field survey on the City’s Horizontal Ground Master Datum and NAVD 88 Vertical Datum. F. Geotechnical Engineering Report Pavement Designs – The FDC will be responsible for design level geotechnical investigation for the roadway design, including borings and subsurface exploration with laboratory test results, and pavement designs for asphalt and concrete pavement sections. G. Roadway Design – The FDC shall prepare all preliminary design data including field survey, horizontal and vertical alignments, digital terrain models, surfaces and cross sections. The FDC shall complete all tasks necessary to deliver preliminary and final engineering design plans, construction specifications, quantity take-offs, property impacts, and extent of ROW and construction easements needed. A centerline profile for the entire project length (Jefferson to Lemay) shall be established to ensure design and integration with future phases is seamless. All CAD work on the Project will be completed in AutoCAD 2013 format or newer. Plans must be produced in accordance with the Larimer County Urban Area Street Standards (LCUASS). The Consultant is fully responsible for the Quality Assurance and Quality Control (QA / QC) of the plan set. Plans are expected to include:  Cover sheet  General Notes  Key Maps  Typical Sections  Demolition plans  Utility Installation plans (public and private as applicable)  Plan and profile sheets for all utilities and roadway (centerline and curb and gutter)  Landscaping and Irrigation plans and details  Signing and Striping plans  Signalization plans  Structural plans including walls and others as necessary  Lighting and electrical plans and details  Details (typical and custom for this project)  Cross Sections  Property Mitigation Plans (showing repair and project impact restoration for each parcel)  Right of way acquisition plans showing new rights of way, temporary and permanent easements H. Specifications – The FDC shall prepare project technical specifications that can be incorporated into an overall project manual for use on the project. Specifications shall be prepared using either CSI or CDOT specifications. The selected type of RFP 8139 Lincoln Corridor Project – Final Design Page 7 of 21 specification shall be customized for use on this project with contractor input through the CM/GC delivery. I. Utility Coordination – The FDC will be responsible for all utility coordination activities necessary to support the identification of utility conflicts and relocations, and to support the City with the negotiation of utility agreements. The FDC will be responsible for preparing the final plans and confirming utility conflicts and relocation requirements. Note that many of the utilities including water, sanitary sewer, storm water and electric are owned by the City of Fort Collins. J. Final Drainage Design – The FDC will be responsible for completing the final drainage design including profiles of drainage outfalls, water quality ponds and devices, final grading, drainage plans, profiles, details, permanent water quality BMP’s and storm water management plans based on the master drainage plans produced by ICON Engineering. K. Floodplain Permitting - The FDC shall be prepared to support the City with floodplain permitting as applicable to work along the Poudre River regulated floodplain including new structural elements that may be incorporated into the floodplain areas from drainage outfalls or the replacement of the Lincoln Avenue bridge. L. Right of Way - Identify property impacts and extent of ROW and TCE needed. The Consultant will provide a digital copy (CAD format) of the line work to the City of Fort Collins Survey Department for all proposed acquisition areas (temporary and permanent). M. Urban Design & Landscaping – The FDC will be responsible for Urban Design, Landscaping Design (including LID options), and development of protected bike lane designs including driveway and intersection crossings. N. Traffic Engineering – The Scope of Work includes all final traffic engineering activities including design of all traffic controls, signing, pavement markings and traffic signals. O. CM/GC Delivery - The FDC selected under this contract will be expected to coordinate with the selected general contractor to prepare plans and specifications in a phased manner to maximize the use of a CM/GC delivery model. The FDC shall be prepared to issue plans and specifications at levels less than 100% and shall be comfortable providing professional engineering certification related to this work. P. 30% Design Submittal – The FDC shall prepare a current status set of plans suitable for internal City review and for release to contractors as part of the Request for Proposals for the procurement of the CMGC. Q. 65% Design Submittal – The FDC shall prepare the final design plans in conformance with City requirements. Plans shall be completed to at least a 65% level and shall include, at a minimum, title sheet, typical sections, plan/profile sheets, landscape plans, storm drainage plans, profiles and details, structure layouts, signing and pavement marking plans, traffic signal plans, cross-sections, and right of way impacts. The 65% design submittal shall also include draft specifications and a detailed construction cost estimate in CSI or CDOT format. Specific requirements for the 65% RFP 8139 Lincoln Corridor Project – Final Design Page 8 of 21 submittal including structure submittal requirements will be negotiated with the FDC prior to NTP. The FDC shall be responsible for distributing the 65% plan package to all project stakeholders, City departments and review agencies. The FDC will also be responsible for scheduling and facilitating the review meeting, preparation of meeting minutes, tracking review comments, responses and action items, and for obtaining documented acceptance from all reviewers. The 65% design will be revised to include all review comments and revisions received as part of the design review process. R. 90% Design Submittal – The FDC will continue with the completion of the final design and the preparation of the 90% design submittal. The final plans shall include all plans necessary, including those identified in this RFP. The 90% design submittal shall also include final specifications. The FDC shall be responsible for distributing the 90% plan package to all project stakeholders, City departments and review agencies. The FDC will also be responsible for scheduling and facilitating the review meeting, preparation of meeting minutes, tracking review comments, responses and action items, and for obtaining documented acceptance from all reviewers. S. Construction Package – The 90% design will be revised to include all review comments and revisions received as part of the design review process. The FDC shall prepare the construction package including final plans, specifications and other supporting documents. As noted above, final plans may be to a degree less than 100% drawings. T. Hazardous Materials - The Scope of Work includes services to address hazardous materials mitigation, including a Phase I ESA if necessary; development of specifications to address work health and safety during construction in potentially contaminated soil and groundwater conditions; and additional soil and groundwater sampling in potentially contaminated locations. U. Engineering Support Services During Construction – The FDC will provide engineering support services during construction including routine meeting attendance, shop drawing review, and responding to requests for information. IV. SUBMITTAL REQUIREMENTS All respondents are required to include the following information in this order 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 described above. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective ideas to create a successful plan. 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. RFP 8139 Lincoln Corridor Project – Final Design Page 9 of 21 4. Team Profile: Provide relevant information regarding the team you propose to work on this project including: a. Overview of firm(s) b. Example of recent and relevant projects with location and reference contacts c. People (availability, commitment) d. Proposed team organization (org chart) of key personnel with titles and specific tasks 5. Schedule: Provide a detailed project schedule showing key milestones, deliverable dates and public meetings. 6. Costs: Please provide hourly rates with reimbursables for all consultants. A maximum number of 15 double-sided pages (30 pages total) are allowed for this proposal excluding covers and dividers. RFP 8139 Lincoln Corridor Project – Final Design Page 10 of 21 V. REFERENCES All work shall be based upon the requirements and guidelines found in the following reports:  Lincoln Corridor Plan 2014 http://www.fcgov.com/planning/lincoln.php  Larimer County Urban Area Street Standards 2015 http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm • City of Fort Collins Transportation Master Plan 2011 http://www.fcgov.com/planfortcollins/pdf/tmp.pdf  Colorado Department of Transportation “CDOT Design Guide” 2005 https://www.codot.gov/business/designsupport/bulletins_manuals/roadway-design-guide  Colorado Department of Transportation, M & S Standards July 2012 https://www.codot.gov/business/designsupport/standard-plans/2012-m-standards- plans/2012-m-standards-pdfs/2012-m-s-standards-book  Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction 2011 https://www.codot.gov/business/designsupport/construction-specifications/2011- Specs/2011-specs-book  City of Fort Collins Floodplain Modeling Report Submittal Guidelines 2014 http://www.fcgov.com/utilities/img/site_specific/uploads/Floodplain_Modeling_Report_Gu idelines.pdf  Flood Insurance Study – Larimer County Colorado and Incorporated Areas 2013 http://www.fcgov.com/utilities/what-we-do/stormwater/flooding/floodplain-maps- documents  Storm Drainage Design Criteria and Construction Standards 2013 http://www.fcgov.com/utilities/business/builders-and-developers/development-forms- guidelines-regulations/construction-details VI. CONTACT INFORMATION Erika Keeton, P.E. Project Engineer City of Fort Collins Engineering Department PO Box 580 281 North College Avenue Fort Collins, Colorado 80522-0580 Phone (970) 221-6521 Fax (970) 221-6378 E-mail: ekeeton@fcgov.com John D. Stephen, CPPO, LEED AP Senior Buyer City of Fort Collins Purchasing Department PO Box 580 215 North Mason Street Fort Collins, CO 80522-0580 Phone: (970) 221-6777 Fax: (970)221-6707 E-mail: jstephen@fcgov.com RFP 8139 Lincoln Corridor Project – Final Design Page 11 of 21 VII. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. 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 address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 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 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? 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 by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? RFP 8139 Lincoln Corridor Project – Final Design Page 12 of 21 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” 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? Professional Services Agreement – Work Order Type Page 1 of 21 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. A general scope of services is attached hereto as Exhibit “B", 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 periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) 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: Professional Services Agreement – Work Order Type Page 2 of 21 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 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 insurance 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 "B", 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 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 Professional Services Agreement – Work Order Type Page 3 of 21 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. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 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. Professional Services Agreement – Work Order Type Page 4 of 21 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. 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 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. Professional Services Agreement – Work Order Type Page 5 of 21 d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. 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) pages, attached hereto and incorporated herein by this reference. Professional Services Agreement – Work Order Type Page 6 of 21 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Professional Services Agreement – Work Order Type Page 7 of 21 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 Purchasing Director (over $60,000.00) Date: ____________________________ Professional Services Agreement – Work Order Type Page 8 of 21 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Professional Services Agreement – Work Order Type Page 9 of 21 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.