HomeMy WebLinkAbout565922 AU WORKSHOP - CONTRACT - RFP - 8371 ARCHITECTURAL & ENGINEERING SERVICES ON-CALLProfessional Services Agreement – Work Order Type
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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 AU WORKSHOP, hereinafter referred to as the "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 8371 Architectural & Engineering Services On-Call, issued by the
City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one
(1) page and is incorporated herein by this reference. A general scope of services is
attached hereto as Exhibit “B", consisting of seven (7) 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, the Professional shall
be solely responsible for performance of all duties hereunder. The term “Work” as used in
this Agreement shall include the services and deliverables contained in Exhibit A and any
Work Orders issued by the City.
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 upon contract execution, and shall
continue in full force and effect until December 31, 2017, 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.
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:
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Professional: City: Copy to:
AU Workshop
Attn: Jason Kersley
405 Linden St.
Fort Collins, CO 80524
City of Fort Collins
Attn: Brian Hergott
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 is responsible for and shall ensure the design Work under any Work
Order complies with the most recent revision of the Americans with Disabilities Act of 1990
(“ADA”) Standards for Accessible Design, separate from and in addition to compliance
with applicable building codes. Professional shall ensure that any change orders or other
changes to the Work comply with the ADA Standards for Accessible Design. Professional
shall be responsible for any necessary redesign due to failure to comply with ADA
requirements, including any costs for such redesign. 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 D,
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 the Professional on a time and reimbursable direct cost basis
designated in Exhibit "C", consisting of twenty four (24) page(s), attached hereto and
incorporated herein by this reference. No Work Order shall exceed $100,000 or as
otherwise approved by the Purchasing Director. 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.
8. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
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blueprints, data files, calculations, studies, analysis, renderings, models and other Work
Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding
to the project, provided that the City substantially performs its obligations under the
Agreement. The license granted hereunder permits the City and third parties reasonably
authorized by the City to reproduce applicable portions of the Instruments of Service for
use in performing services or construction for the project. In addition, the license granted
hereunder shall permit the City and third parties reasonably authorized by the City to
reproduce and utilize the Instruments of Service for similar projects, provided however, in
such event the Professional shall not be held responsible for the design of said similar
projects. This license shall survive termination of the Agreement by default or otherwise.
9. City Representative. The City will designate, prior to commencement of the 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.
10. Project Drawings. Upon request 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 quality, prepared on stable mylar
base material using a non-fading process to provide for long storage and high quality
reproduction. "CD" disc of the record drawings shall also be submitted to the owner in
and AutoCAD version no older then the established City standard. The Professional
acknowledges the City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession
may be considered public records subject to disclosure under the CORA.
11. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any
Work Order and every thirty days thereafter, the 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.
12. Independent Contractor. The services to be performed by the 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 the Professional's compensation
hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for
any other purpose.
13. Subcontractors. The 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
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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.
The Professional shall require all subcontractors performing Work hereunder to maintain
insurance coverage naming the City as an additional insured under this Agreement of the
type and with the limits specified within Exhibit “C”, consisting of one (1) page attached
hereto and incorporated herein by this reference. The Professional shall maintain a copy
of each subcontract’s certificate evidencing the required insurance. Upon request, the
Professional shall promptly provide the City with a copy of such certificate(s).
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
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19. 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.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., the Professional represents and agrees that:
a. As of the date of this Agreement:
1. The Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. The Professional will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (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. The Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. The 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 the Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, the
Professional shall:
1. Notify such subcontractor and the City within three days that the 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 the 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. The 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.
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f. If the 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, the Professional shall be liable for actual and
consequential damages to the City arising out of the 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 the Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
21. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
AU WORKSHOP
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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12/20/2016
member
Jason Kersley
Assistant City Attorney
12/22/2016
Chief Deputy City Clerk
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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:
The 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: ____________________________
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EXHIBIT B
GENERAL SCOPE OF SERVICES
I. GENERAL SCOPE OF WORK
The City of Fort Collins is requesting professional Architectural/Engineering services to assist
the City’s Operations Services Department in its on-going need for professional building and site
design services in such disciplines as conceptual planning, space planning, and historic
preservation, master planning, architectural design, ADA compliance in design under the most
recent revisions of ADA Guidelines, engineering to include; civil, structural, mechanical,
electrical, electrical service, lighting, energy conservation services, LEED consulting,
professional land surveying and contract administration. In addition, the professional group
selected may be asked to include an architectural or engineering specialist to the team on a
case by case basis.
An important goal for City of Fort Collins projects is to demonstrate and showcase sustainable
design and construction. These projects present the opportunity for the City of Fort Collins to
“walk the talk” by demonstrating best practices in high performance new construction and retrofit
projects.
The City of Fort Collins aims to design all new projects around the 2030 Energy Challenge. It is
the policy of the City of Fort Collins that all new buildings and major renovations earn enough
points using the US Green Building Council’s (USGBC) LEED™ Green Building Rating System
to earn a minimum “Gold” certification with the desire to achieve “Platinum” certification. The
most current version of LEED™ at the time of project design shall be used. Specific projects
may have goals above and beyond this minimum requirement, either in overall rating or for
minimum numbers of credits or points from specific categories.
The City of Fort Collins desires to have all of our projects participate in the Integrated Design
Assistance Program (IDAP) offered by Fort Collins Utilities to help defray some of the cost for
constructing high efficient buildings.
All City of Fort Collins buildings over 5,000 square feet should meet the following energy goals:
New construction designs need to target an Energy Use Intensity of 25 kBtu/sf/yr
or less with the idea of then adding renewable energy to achieve net zero.
Renovation or facility addition projects need to target an Energy Use Intensity of
45 kBtu/sf/yr. For additions, there shall be no increase of energy use.
All new construction should achieve a minimum of 15 points from LEED Energy
and Atmosphere credits.
New construction should achieve an energy star rating of 100 with certification if
the project can be certified.
Renovation projects should achieve an Energy Star rating of 80 or better with
certification if project can be certified.
Performance of these services will be based upon the City of Fort Collins Building Design
Standards. The most current version can be found on the City of Fort Collins Operations
Services website at: http://www.fcgov.com/opserv/pdf/building-design-standards-7-
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16.pdf?1468440722. Any deviation from these standards must be reviewed by the Operations
Services Department Acting Contract Administrator and must be subsequently approved in
advance and in writing by the Operations Services Department Director.
Desired services may include, but are not limited to:
Site analysis Cost estimating
Space planning and management Construction contract administration
Concept design Systems assessment and reports
Design development Energy conservation studies
Construction documents Energy conservation project development
Feasibility studies LEED Consultation
ADA compliance Net Positive structures
Record Drawings
Software:
The City Operations Services Department uses the current release of AutoCAD, Revit, and
Sketchup 2016. Therefore, the Professional firm must have the capability of providing
appropriate drawings in a format which is fully compatible with and can be read and edited by
AutoCAD, Revit, or Sketchup. All record drawings, and specifications must be supplied in an
electronic format approved by the City. Hard copies may also be required.
Operations Services Acting Contract Administrator:
Brian Hergott, Facilities Project Manager @ 970-221-6804.
II. WORK ORDER PROCEDURES
Each Work Order issued pursuant to the Architectural & Engineering contracts will typically be
based upon an hourly rate or set of rates with a not-to-exceed maximum fee; or a fixed fee
agreement. The specific compensation agreement for each Work Order is negotiated at the time
the Work Order is awarded to the Professional, based upon the provisions of the Professional
Services Agreement. The Professional shall submit a proposal with breakout of estimated
hours for each employee along with total amount proposed. Signed Work Orders must be
issued for any Work. No Work Order shall exceed $100,000 or as otherwise approved by the
Purchasing Director. The Professional shall provide all personnel, equipment and supplies
necessary to complete the professional services set forth in the Scope of Work. Total project
time, any retainage clause, and any applicable liquidated damages clause will be determined as
part of the project Work Order for each individual project.
This is an indefinite quantity Work Order contract with no fixed maximum. The actual amount of
Work to be performed, the time of such performance, and the location of Work will be
determined by the City Representative, who may issue Work Orders to the Professional. The
only Work authorized under the Professional Services Agreement is that which is performed
after receipt of such Work Orders.
The City guarantees no quantity of Work for each selected firm. The City will attempt to allocate
projects based on prior experience, expertise in a specific field, scheduling requirements, and
current workloads. At the City’s sole discretion, the City reserves the right to request
quotes/proposals from the firms selected for individual projects. This process may include the
submittal of a brief proposal and interviews. The Work Order type Contract will have an initial
term of one year, with the option to renew up to an additional four, one year terms.
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Development of the Scope of Work: The Professional and the City Project Representative will
develop The Scope of Work for each individual project during the Work Order process. The
Professional will submit a detailed Scope of Work proposal to the client for review and approval.
The detailed Scope of Work must include estimated hours per task and the associated hourly
rate per pay grade. After review and approval, the City Representative will issue the notice to
proceed to the Professional with appropriately endorsed Work Order.
The City has included Federal Transit Administration guidelines and requirements in the
Request for Proposal #8371 so that the contract may be used on specific federal projects.
Following these requirements, when the FTA guidelines and requirements apply, they shall be a
part of the Work Order. See these requirements as delineated in City of Fort Collins Request
For Proposal #8371. If a discrepancy in language is found between the Work Order and the
FTA requirements attached to the RFP, please contact the Operations Services Acting
Professional Services Contract Administrator.
III. REQUESTED SERVICES
It is the City’s expectation that the Professional’s team will be capable of performing
services in at least the following categories:
1. Architectural Design
a) Interior Design Specialist
b) Master Planning/Site Planning/Space Planning
2. Landscape Architecture
a) Irrigation Design
3. Architectural Historical Preservation Specialist
a) Experience with History Colorado and State Historical Fund Grand
processes
4. Structural Engineering
5. Mechanical Engineering
6. Electrical Engineering
7. Civil Engineering
8. Lighting Consulting
9. Acoustical Engineering
10. Energy Consulting
11. Construction Estimating and Management
12. Professional Land Surveyor
13. LEED Consultant
14. Building Envelope Consultant
15. Recreation/Aquatics Design/Engineering Consultant
16. Geotechnical Engineering
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Detailed Scope of Services
1. Administration: The amount of Contract Administration (CA) shall be determined on a
case by case basis. CA shall be detailed in the proposal based upon the Scope of
Work developed. An example of typical professional services include: review of
construction contract project pay applications, submittal reviews, change order
processing, attend scheduled progress meetings and develop required "change in
work requests" (CWR's), construction observation, and inspection at substantial
completion. The cost associated with these services for a specific project will be a
maximum not-to-exceed price negotiated at the time of the Work Order fee
determination using the hourly rates in Exhibit C to this Professional Services
Agreement developed after the award and as set forth in the agreement.
2. Construction Observation: The Professional will submit a written report to the City
Representative after each observation visit and also upon inspection at substantial
completion. The report will address, but is not limited to, construction work done
according to plans and specifications, estimation of work progress, noted defects of
material, equipment, or workmanship. Report that the work complies with the design
specifications, meets industry standards, and attention is given to the fit and finish of
the project.
3. Requirements for Registration: The design of architectural, structural, mechanical,
electrical, civil, or other engineering work shall be accomplished or reviewed and
approved by architects or engineers registered in Colorado to practice in the particular
professional field involved.
4. Budgets: Although the goal is to be as accurate as possible with project cost
estimates, the Professional is charged with designing all projects to within 5% of the
customer’s original or officially amended and approved budget. Failure to generally
and consistently meet this requirement may be cause for terminating the agreement.
5. Changes:
a) The City’s Representative may, at any time by written order, make changes within
the general scope of the Work.
b) If any such change causes: an increase or decrease in the cost of, or the time
required for performance of any part of the Work under the Work Order, the parties
shall negotiate an equitable adjustment in the price, the work schedule, or both.
c) The Professional must submit in writing any "proposal for adjustment" under this
clause within 15 days from date that a written change in Work is issued by the City
Representative.
d) No services for which an additional cost will be charged by the Professional shall be
furnished without the prior written authorization of the City Representative.
6. Constructability Review: Prior to the completion of final design by the Professional,
and prior to the acceptance of final design by the City Representative, the Professional
shall be required to perform a “Constructability Review” pursuant to the City of Fort
Collins Operations Services Department requirements, Building Design Standards,
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and also to evaluate the actual constructability of the design or services rendered with
the City Representative.
7. Work Order Cost Proposals: If requested by the City Project Representative,
proposed costs and services shall be submitted in spreadsheet format, detailed as to
all architectural/engineering and other disciplines, with estimated hours for each
discipline, and their respective current hourly rates illustrated. Proposed reimbursable
expenses shall be shown separately and likewise delineated.
8. Coordination: The Professional awarded a contract pursuant to this RFP will be
required to cooperate with, coordinate scheduling with, and work closely with other
City professional-service contractors and City staff including a Project Manager and
Staff Architect.
9. Building Code Compliance: Drawings and Specifications must be in compliance with
the City of Fort Collins Building Code requirements and the requirements of all other
authorities having jurisdiction (“AHJ”), including, but not limited to, Poudre Fire
Authority, all departments of Larimer County, and the State of Colorado. Certified
Drawings must be stamped with the appropriate Colorado Professional’s
Architectural/Engineering stamp when required It shall be the Professional’s direct
responsibility to actively and judiciously research all AHJ’s requirements and to work
out possible issues and/or conflicts before issuance of final design/construction
documents (CD’s).
10. Federal Regulations Compliance: In addition to local building code requirements
drawings and specifications must be in compliance with all Federal Regulations,
including but not limited to the Americans with Disabilities Act. It shall be the
Professional’s direct responsibility to design within the set parameters and to research
all requirements and work through any conflicts prior to the completion of the final
design / construction documents.
11. Submission/Transmission of Specifications and Drawings: The Professional will
transmit job specifications and drawings to the City in electronic format as well as hard
copy as requested. All drawings must be submitted in electronic format fully
compatible with AutoCAD, Revit, or Sketchup, and also as an editable PDF. The City
shall have the right to keep electronic copies of the record drawings that can be
opened, manipulated and edited for future maintenance changes, upgrades and/or
alterations. The Professional agrees not to reproduce the drawings and/or the
specifications in full, for construction replication without the written consent of the City.
Final payment may not be issued to the Professional until drawings are in possession
and approved by the City’s Project Manager or Facility Designer.
12. File Compatibility: The Professional will title all electronic drawing files and other
project submissions to be consistent and easily searchable. (i.e. drawings named by
page title and sheet number and specification sections labeled according to CSI format
and printed project specs.) Submitted files may also include the A/E’s project number
for reference. For questions concerning this requirement please contact the
Operations Services Acting Contract Administrator, or the Operations Services staff
Facility Designer.
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13. Retention of Rights: The City retains the right to reject a sub-consultant proposed by
the Professional, with or without cause, either before or after award of the agreement
and to direct the Professional to substitute services of another sub-consultant
acceptable to the City. In addition, the City reserves the right to contract directly with
any sub-consultants independent of the Professional.
14. Quarterly Reports: The Professional will update the City by submitting a quarterly
report relative to the status of all projects in the design process for the City of Fort
Collins to the Operations Services Acting Contract Administrator. Quarterly reports
shall include a percent complete relative to remaining fees in order to help track
Professional’s and any sub-consultant’s performance, schedule and project budget.
Quarterly reports shall be sent electronically to Brian Hergott: bhergott@fcgov.com.
IV. SPECIAL INTERFACES
1. SUSTAINABLE DESIGN
It is the policy of the City of Fort Collins that all new buildings and the extensive
major renovations earn enough credits using the US Green Building Council’s
(USGBC) LEED™ Green Building Rating System to earn a minimum “Gold”
certification with the desire to achieve “Platinum” certification. The most current
version of LEED™ at the time of project design shall be used. Specific projects may
have goals above and beyond this minimum requirement, either in overall rating or
for minimum numbers of credits from specific categories. It is not the intent to “chase
LEED points”, but to earn them through good high-performance building design. City
Project Manager will notify the Professional if project is going to be LEED Certified.
2. ADA COMPLIANT DESIGN
All projects must be 100% compliant in their design and subsequent construction.
Construction tolerances will not be accepted on set dimensions or ranges of
dimensions. Projects will be reviewed by City staff and an outside consultant for
compliance at three points of the project: drawing review, framing walk through, and
final completion walk. Professional shall be responsible for any redesign necessary
due to failure of the original design to comply with the most recent revision of ADA
requirements, including the costs for such redesign. Reoccurring non-compliance
with ADA requirements may be grounds to terminate the contract.
3. CONTRACTOR
The City of Fort Collins will hire a CM/GC or CONTRACTOR to complete the
construction of the project. The Professional will coordinate the plan review and
budget update if the project is utilizing the services of a CM/GC firm.
4. ENERGY MODELING
The City of Fort Collins will provide the energy modeling services firm and the
Professional will be asked to coordinate the design with this firm.
5. COMMISSIONING
The City of Fort Collins will provide the commissioning firm and the Professional will
be asked to coordinate the design and construction with this commissioning agent.
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6. ART IN PUBLIC PLACES
The Professional may be requested to work with an artist from the City’s “Art in
Public Places” (APP) Program with the intent to design artistic elements into the
project concept that are within the APP budget for such project. A representative
from the Professional will be added to the committee that selects the artist. The City
will contract directly with that artist.
7. FURNITURE DESIGN AND INSTALLATION
The City of Fort Collins will be responsible for the furniture procurement. It is
intended the Professional will provide the design and coordination of this effort as the
furniture design and procurement effort will need to proceed at the same time as the
building design effort.
8. TESTING SERVICES
The City of Fort Collins will be responsible, by separate contract for all the testing
services (geo-tech, soils, concrete, asphalt, structural steel, etc.). It is intended the
Professional will assist in the coordination of this effort.
9. COMMUNICATION WORK
Professional will be responsible for the design of Communication systems (telephone
and computer cabling), Fire Alarm and Security.
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EXHIBIT C
COMPENSATION
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EXHIBIT D
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.
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EXHIBIT E
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.
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