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HomeMy WebLinkAboutRFP - 8228 NIX FARM OFFICE & SHOP ADDITIONS (3)RFP 8228 Nix Farm Office & Shop Additions Page 1 of 20 REQUEST FOR PROPOSAL 8228 NIX FARM OFFICE & SHOP ADDITIONS The City of Fort Collins is requesting proposals from qualified firms to provide best possible combination of architectural design and engineering services for the conceptual design of additional Shop Space and Office Space at the Nix Farm located at 1745 Hoffman Mill Road. 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), February 16, 2016 and referenced as Proposal No. 8228. 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. Questions concerning the scope of the bid should be directed to Ethan Cozzens, Project Manager at (970) 221-6273 or ecozzens@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. A pre-proposal meeting will be held at on February 4, 2016 @ 3PM at Nix Farm Maintenance Shop, 1745 Hoffman Mill Road, Fort Collins, CO 80524. All questions must be submitted in writing via email to Ethan Cozzens, with a copy to Elliot Dale, no later than 5:00 PM our clock on February 9, 2016. 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 8228 Nix Farm Office & Shop Additions Page 2 of 20 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 8228 Nix Farm Office & Shop Additions Page 3 of 20 REQUEST FOR PROPOSAL 8228 NIX FARM OFFICE AND SHOP ADDITIONS CHAPTER 1 – GENERAL INFORMATION 1. INTRODUCTION The City of Fort Collins Natural Areas Department manages 44 sites and over 36,000 acres locally and regionally. The Natural Areas Department’s mission is to conserve and enhance lands with natural resource, agricultural and scenic values, while providing meaningful education and appropriate recreation opportunities. The historic Nix Farm has been the Natural Areas Department’s headquarters since 2002. The property was first homesteaded in 1889 and farmed by various owners until the City bought the property in 1996 from Tom and Patsy Nix who at one time operated a dairy farm on the site. The Nix Farm is adjacent to over 1,000 acres of protected natural areas along the Poudre River, including Kingfisher Point, Cattail Chorus, and Riverbend Pond natural areas. The Nix Farm Campus is comprised of five facilities which are the Farm House Office, Main Office, Maintenance Shop, Education House and the Barn. The renovated 1920s-era home known as the Nix Farm House, provides offices and meeting space, while the early 1900s-era barn and loafing sheds provide room for equipment and materials storage. Also on the property is a small, late1800s-era house known as the Education House which is currently used for educational materials storage. Designated as a local Historic District by the Fort Collins Landmark Preservation Commission in 2001, both the historic barn and small house have received State of Colorado Historic Preservation Funds to stabilize and protect the structures. In 2014, an additional office building at the Nix Farm was constructed. The new building is called the Nix Main Office and was built to LEED certified Gold Standards and utilizes solar panels, the use of solar tubes to increase natural lighting, and a geothermal heating and cooling system. This is the most energy efficient building currently in the City of Fort Collins inventory. The Nix Maintenance Shop was built in 2002 and provides crew work space and secure equipment, tool, and vehicle storage. It is a 5,400 sq. ft. structure with 8 bays for vehicle/equipment storage, a wash bay, wood shop, and a break room that includes two locker rooms. The main shop bay has a 9.8 kW PV system that was installed in 2012 and the adjacent bays have a 10.83 kW PV system that was installed in 2015. The shop utilizes natural light from 18 solar tubes that were installed in 2014. 2. GENERAL On behalf of the Natural Areas Department, the City of Fort Collins is seeking qualifications and the best possible combination of site planning, architectural design and engineering services for the conceptual/schematic design of additional office space and additional shop space at the Nix Farm located at 1745 Hoffman Mill Road. Each additional building will be no larger than 4,999 sq. ft., will use a photovoltaic system, geothermal, be LEED Gold Certified, & Net Zero. A phased response is requested with pricing for each phase. Phase One, schematic and conceptual design and cost estimating must be completed by June 3, 2016; Phase Two, Preliminary Design completed by October 28, 2016; and completion of Phase Three and Four, final design and construction administration for the additional shop and office buildings, are contingent on City of Fort Collins Construction Team approval and successful modification of the current site restrictions, and the written notice to proceed from the City RFP 8228 Nix Farm Office & Shop Additions Page 4 of 20 and/or the City’s Project Manager/Representative. Phase Three and Four would not start until after funding is approved through the City’s Financial BFO process which would be approved in November 2016. Phase Three for the additional shop building could start in 2017; and Phase Four for the additional shop building could start in 2018, or both Phases Three and Four for the additional shop space could be delayed for years. Phase Three and Four for the additional office building could start in 2019-2020, or could also be delayed for years 3. REQUIREMENTS The successful team will be responsible for ALL disciplines required for the design, engineering, ADA guidelines, cost estimating, planning, and official review services necessary for completion of the project from design development through final design, construction documents, construction administration and project close-out as required for Phase One, Phase Two, Phase Three & Phase Four. The team design professional will be responsible for ushering the design through the development review process. The successful team will be responsible for meeting all state and local licensing requirements in the design of the facility. The standards referenced and included in this RFP are intended to establish the expectations the City has for this project regarding quality and performance. 1. Cost of Proposal Preparation. No reimbursement will be made by the City of Fort Collins for any costs incurred prior to a formal Notice to Proceed. 2. Proposals to be in Effect. Each proposal shall state it is valid for a period of not less than ninety (90) days from the date of receipt. 3. The City of Fort Collins has developed a Building Design Standards Manual. Design will follow these standards unless exempted by the City. This manual is available on line and can be viewed at: http://www.fcgov.com/opserv/design-standards.php 4. The City of Fort Collins is exempt from all state taxation including state sales and use taxes. 5. One principal participant of the project team must be a LEED Accredited Professional. 6. One principal participant must be familiar with LEED Gold Buildings. 7. Total anticipated project budget range is $3.0 - $5.0 million including design, sitework, landscaping and construction over the next 10-15 years as we expand to meet the Natural Areas Department’s growing needs. CHAPTER 2 – OBJECTIVES The proposed project is the design and construction of an approximate 4,999 square foot or less addition, and a remodel/renovation of the existing shop as necessary. RFP 8228 Nix Farm Office & Shop Additions Page 5 of 20 Primary Objectives • Develop Site Plan for additional office and shop buildings and additional parking spaces and maintain easy safe access to all facilities • Add up to an additional 4,999 SF of shop space, ideally in two phases • Add up to 4,999 SF of office space, ideally in two phases • Landscaping design to restore and or relocate disturbed landscaping and to screen the additional parking spaces Objectives for Shop Space • Create additional outdoor parking within fenced equipment yards for Natural Areas Fleet vehicles • Create additional parking areas for future staff vehicles outside of fenced equipment yards • Use existing shop bays for storing vehicles that must be stored inside • Create new shop space for designated “work” shops (metal, wood, and small engines) and equipment storage • Create flexibility with the shop design to allow for future growth and unanticipated uses Significant Design Elements shall include • Facility and furnishings designed for high volume of employees, use and circulation • Maximizing use of natural light, varied task and ambient lighting • Open Office floor plan: o Cubicle space to house 20 +/- employees o Enclosed conference room o Work/copy space o Storage space o 4 +/-Supervisor Offices o Kitchen • Shop Space • Ease of re-configurability of the entire space to accommodate changing space allocation needs in the future. Minimal attached fixtures • Coordination of IT/Data needs with the City of Fort Collins IT Dept. • Cost containment for ongoing facility maintenance (e.g., high efficiency, easy to replace, low cost, long life light bulbs, durable furnishings, finishes and fabrics throughout that meet the City’s design standards and expectations) • The project will be required to be designed and constructed to meet the requirements to obtain a LEED “Gold” Certification under the new NC – New Construction and Major Renovation category, and, will need to be designed with a goal of creating a “net zero energy impact” to the building. The most current version of LEED™ at the time of project design shall be used. RFP 8228 Nix Farm Office & Shop Additions Page 6 of 20 CHAPTER 3 - SCOPE OF WORK The following is an outline of a general scope of work. The consultant firm/team should expand each of the tasks listed below. Additional tasks that the consultant firm/team determines necessary to assure a good deliverable design product and ultimately a high quality construction project should be added to this list. Phase 1 - Schematic, Conceptual Design Development 1. Present schematic building alternatives to the Project Team, screen alternatives and develop recommendations on meeting the objectives described in Chapter 2. Identify the preferred alternative to move forward to conceptual design. 2. Develop conceptual occupancy strategy plan to maximize the ability for the existing shop and existing offices to remain open to the Natural Areas staff during the construction process 3. Prepare conceptual building plans including conceptual floorplans, elevations and renderings. Prepare sufficient concept level structural, architectural details and finishes, mechanical, electrical details and cost estimating services. 4. Building assessment including electrical, plumbing and HVAC. 5. Code review of ADA requirements. 6. Code review including parking considerations and provide conceptual (TIS) Traffic Impact Study. 7. Attendance and presentation at up to 3 (Three) public meetings. Including Land Conservation and Stewardship Board meetings and public input/awareness meetings to present the recommended design alternatives and to solicit comment and input from the public, adjacent property owners and local agencies. Include an hourly fee if additional meetings are requested. 8. Virtual tour capability priced separately (e.g. AutoCAD Revit.) 9. All AutoCAD, & Revit design drawings will be provided to the City at the end of the project. 10. Utility Coordination – Develop conceptual utility service requirements for recommended building alternative including HVAC, electrical, fire protection, etc. Prepare site utility plans showing existing utilities within the project limits and proposed utilities to serve the project. Coordinate utility services and relocations with City and other outside utility owners. 11. Landscaping/Urban Design – Develop conceptual landscape plans for the site taking into consideration the historical significance of some of the current buildings & plantings. a. This will include the coordination of appropriate plants for the site. This coordination will be done with Natural Areas employees. 12. Storm Drainage –Identify locations for storm water detention and water quality features. Prepare conceptual grading and drainage plans. 13. Prepare conceptual plan package including building plans, site plans, utility plans, grading and drainage plans, landscape plans, and conceptual cost estimate. 14. Submit conceptual plan package and attend or conduct conceptual plan review meetings with City staff and other referral agencies. The design professional will usher the project RFP 8228 Nix Farm Office & Shop Additions Page 7 of 20 through the City development review process at all levels and to any extent as may be necessary to complete the project for each Phase. 15. Document conceptual plan revisions, revise conceptual plans, and resubmit record set of the conceptual plan package. Phase 2 - Preliminary Design 1. Develop preliminary occupancy strategy plan to maximize the ability for the existing shop and existing offices to remain open to the Natural Areas staff during the construction process. 2. Prepare preliminary building plans including preliminary floorplans, elevations and renderings. Prepare sufficient concept level structural, architectural details and finishes, mechanical, electrical details and cost estimating services. 3. Building assessment including electrical, plumbing and HVAC. 4. Code review of ADA requirements. 5. Code review including parking considerations and provide (TIS) Traffic Impact Study. 6. Attendance and presentation at up to 3 (Three) public meetings. Including Land Conservation and Stewardship Board meetings and public input/awareness meetings to present the recommended design alternatives and to solicit comment and input from the public, adjacent property owners and local agencies. Include an hourly fee if additional meetings are requested. 7. Virtual tour capability priced separately (e.g. AutoCAD Revit.) 8. All AutoCAD, & Revit design drawings will be provided to the City at the end of the project. 9. Utility Coordination – Develop preliminary utility service requirements for recommended building alternative including HVAC, electrical, fire protection, etc. Prepare site utility plans showing existing utilities within the project limits and proposed utilities to serve the project. Coordinate utility services and relocations with City and other outside utility owners. 10. Landscaping/Urban Design – Develop preliminary landscape plans for the site taking into consideration the historical significance of some of the current buildings & plantings. a. This will include the coordination of appropriate plants for the site. This coordination will be done with Natural Areas employees. 11. Storm Drainage – Prepare a drainage and erosion control report in accordance with City Stormwater Utility Department requirements. Prepare preliminary grading and drainage plans. 12. Prepare preliminary plan package including building plans, site plans, utility plans, grading and drainage plans, landscape plans, roadway plan and profile sheets, cross- sections and preliminary cost estimate. 13. Submit preliminary plan package and attend or conduct preliminary plan review meetings with City staff and other referral agencies. The design professional will usher the project through the City development review process at all levels and to any extent as may be necessary to complete the project for each Phase. RFP 8228 Nix Farm Office & Shop Additions Page 8 of 20 14. Document plan revisions, revise preliminary plans, and resubmit record set of the preliminary plan package. Phase 3 - Final Design, and Construction Documents 1. Prepare final plans for the office building and/or shop including floor plans, elevations structural, architectural details and finishes, mechanical, electrical and fire protection. a. Follow all ADA requirements. i. The design team will be required to utilize a third party ADA consultant to review the drawings for ADA compliance before bidding the project. b. City of Fort Collins requires blower door test to be performed in order to receive a Certificate of Occupancy. 2. Utility Coordination – Develop final utility service requirements for the shop building including HVAC, electrical, fire protection, etc. Prepare site utility plans showing existing and proposed utilities. 3. Landscaping/Urban Design – Prepare final landscape plans including final planting and irrigation plans and details. a. Coordination with Natural Areas staff on final plantings to be used on-site will be required before the drawings are finalized. 4. Storm Drainage – Prepare final grading, drainage and erosion control plans including plan and profile of storm drainage systems, drainage and erosion control details, detention pond and water quality design. 5. Prepare final plan package including building plans, site plans, utility plans, grading and drainage plans, landscape plans, roadway plan and profile sheets, cross-sections, special provisions and final cost estimate. 6. Submit final plan package and conduct final plan review meeting with City staff and other referral agencies. 7. Document plan revisions, revise and resubmit record set of final plan package. Phase 4 Construction Contract Administration and Design Support Provide all customary design support and contract administration services from construction bidding phase through project close-out, such as, but not limited to: submittal and product review, change order and application for payment review & certification, issue ASI’s, respond to RFI’s, address any other construction design criteria and coordinate construction close-out with the owner. If there are any questions about this scope, please contact the City representative (project manager) for clarification. CHAPTER 4 – QUALIFICATION AND SUBMISSION REQUIREMENTS Only teams that have the requisite experience and qualifications are encouraged to submit proposals. Firms shall submit the following information: 1. Company history and experience in professional architectural/engineering services for governmental and shop facilities, as described in this RFP. RFP 8228 Nix Farm Office & Shop Additions Page 9 of 20 2. State the team’s commitment to, and experience with, integrated, high-performance buildings and sustainable design. List projects completed within the past 5 years that feature workable, cost-effective, sustainable design strategies. Include: • Description of the targets set forth by project owners, or developed by the design team in conjunction with the owner. • Description of the sustainable design features of each project. • Description of the energy analysis technique(s) used. • Description of the cost/benefit analysis used for systems and materials selections. • Design team organization and personnel. 3. Describe the team’s experience with the US Green Building Council’s LEED™ Green Building Rating System. List the projects completed within the last (5) five years that the team has submitted to the US Green Building Council for LEED™ certification and the certification level achieved. 4. References from three or more organizations, which have used your firm for “similar services” within the past five years. Provide the following information: • Name and address of referenced user or client. • Name, title and telephone number of contact person for referenced user or client. • A description of services provided for the referenced user or client. • Dates/time-frame in which services were provided for the referenced user or client. 5. A written description of the proposed services for the office addition to the shop project including a description of your team’s approach to the project and your key team members. 6. Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? 7. Provide your team’s “not-to-exceed” (NTE) estimate for design work for each phase of the project. Include all design fees for each firm plus any anticipated direct cost and/or reimbursable expenses. Separate NTE estimates should be submitted for both building construction/remodel and landscape. Please submit a detailed, NTE cost breakdown, per major design discipline, with their written proposals for their estimated fees for the project design work, and show a grand total for all fees, direct costs and/or reimbursable expenses anticipated. Please include hourly cost for all design consultants. 8. Provide limits of liability for: (a) General Liability (b) Vehicle Liability and (c) Errors and Omissions insurance coverage. Refer to “Insurance Requirements” in Chapter 6 – Sample Agreement for minimum insurance coverages. CHAPTER 5 – RFP SUBMITTAL AND PHASING SCHEDULE Procurement Schedule: DATE RFP to Proposers Week of January 25, 2016 Pre-proposal meeting February 4, 2016, 3PM RFP 8228 Nix Farm Office & Shop Additions Page 10 of 20 Questions due date February 9, 2016 Proposals due date February 16, 2016 Design Team Interview February 26, 2016 City of Fort Collins approval of Final Design Team February 26, 2016 Preliminary Phasing Schedule: Notice to Proceed Design Team March 14, 2016 Phase One Completion June 3, 2016 Phase Two Completion October 28, 2016 RFP 8228 Nix Farm Office & Shop Additions Page 11 of 20 CHAPTER 5 – 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 to design high energy-performance small office buildings and shop spaces to meet LEED Gold and Net Zero Standards? 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? 2.0 Sustainability/TBL Methodology Does the firm demonstrate how they will incorporate sustainability and the Triple Bottom Line into this project? How will these services help the City achieve their Climate Action Plan goals? 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? 1.0 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 8228 Nix Farm Office & Shop Additions Page 12 of 20 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 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? RFP 8228 Nix Farm Office & Shop Additions Page 13 of 20 CHAPTER 6 – SAMPLE AGREEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory RFP 8228 Nix Farm Office & Shop Additions Page 14 of 20 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable 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. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and RFP 8228 Nix Farm Office & Shop Additions Page 15 of 20 proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The RFP 8228 Nix Farm Office & Shop Additions Page 16 of 20 City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th 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 RFP 8228 Nix Farm Office & Shop Additions Page 17 of 20 Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. RFP 8228 Nix Farm Office & Shop Additions Page 18 of 20 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: RFP 8228 Nix Farm Office & Shop Additions Page 19 of 20 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. RFP 8228 Nix Farm Office & Shop Additions Page 20 of 20 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.