CITY OF BOISE

Transcription

CITY OF BOISE

CITY OF BOISE
TO:
Mayor and Council
FROM:
Finance and Administration and Public Works Departments
RESOLUTION NUMBER:
DATE:
RES-116-13
March 20, 2013
SUBJECT:
Approval of Contract, Approval of Contract, RFP 13-111; Misc.
Architectural Services, PWE 505, to CTA (E) on a task order basis.
________________________________________________________________________
ACTION REQUIRED: Contract approval by resolution.
RECOMMENDATION: Finance and Administration and Public Works Departments
recommend that RFP 13-111 is awarded to the best qualified/highest ranked proposers
with significant local preference, CSHQA (A), Trout Architects (B), INSIGHT architects,
p.a. (C), Hutchison Smith Architects (D), CTA (E), Erstad ARCHITECTS (F), not to
exceed $600,000 annually. Award of this contract is subject to compliance with
requirements.
FISCAL IMPACT/BUDGET IMPLICATIONS: Department has confirmed sufficient
funding is available for this obligation.
BACKGROUND: The Public Works Department solicited proposals to provide
miscellaneous architectural services, to be used on an as needed basis, to complete the
design for renovation/remodeling work on City owned facilities as well as design for new
facilities. It was anticipated that the City will contract with a variety of firms based on
differences of size and identified expertise in such areas as roofing, remodeling,
mechanical, HVAC systems, and space planning because of the variety of anticipated
projects and completed projects. All City departments will have access to these services.
ATTACHMENTS: Resolution, Contract, Bid Proposal and Bid Specifications.
RESOLUTION NO. _______________
BY THE COUNCIL:
CLEGG, EBERLE, JORDAN, MCLEAN,
QUINTANA AND THOMSON
A RESOLUTION APPROVING AN AGREEMENT FOR RFP 13-111; MISC.
ARCHITECTURAL SERVICES, PWE 505 (E), BETWEEN THE CITY OF BOISE CITY
(PUBLIC WORKS DEPARTMENT) AND CTA; AUTHORIZING THE MAYOR AND
CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Finance and Administration and Public Works Departments staff
recommend award of RFP 13-111; Misc. Architectural Services, PWE 505 (E), to the best
qualified proposer, CTA.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF BOISE CITY, IDAHO:
Section 1.
That the Agreement for RFP 13-111; Misc. Architectural Services, PWE 505
(E), by and between the City of Boise and CTA, attached hereto and incorporated herein by
reference, be, and the same is hereby, approved as to both form and content.
Section 2.
That the Mayor and City Clerk be, and they hereby are, authorized to
respectively execute and attest said Agreement for and on behalf of the City of Boise City.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the Council of the City of Boise, Idaho, this
day of April, 2013.
APPROVED by the Mayor of the City of Boise, Idaho this
day of April, 2013.
APPROVED:
ATTEST:
David H. Bieter
MAYOR
Debbie Broughton
EX-OFFICIO CITY CLERK
RES-116-13
PROFESSIONAL SERVICES CONTRACT AGREEMENT
RFP 13-111E
Project: Miscellaneous Architectural Services
Consultant: CTA ARCHITECTS ENGINEERS
Owner: Public Works Department, City of Boise, Ada County, Idaho, a municipal corporation
THIS AGREEMENT, made this ___ day of _______, 2___, by and between the City of Boise, a
municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "Owner", and
Consultant, hereinafter referred to “Consultant”, a corporation organized under the laws of the State of
_______.
1. Scope of Services: Consultant shall perform all services, and comply in all respects, as described herein
for the consideration stipulated, and in compliance with State and City Codes. The Consultant agrees to
perform the various professional services delineated in the Task Order(s) for said PROJECT. Each of the
miscellaneous City projects will be negotiated by individual Task Order. An example of the Task Order
format is shown in Attachment "B".
Contract documents consist of the following together with any amendments that may be agreed to in writing by
both parties:
Proposal
Contract Agreement
Specifications
Acknowledgement
Attachment 'A' Fee Schedule
Liability Insurance
Automobile Insurance
Workers’ Compensation
Professional Liability Insurance (Errors & Omission)
2. Indemnification and Insurance: Consultant shall indemnify and save and hold harmless City from and for
any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and
expenses caused or incurred by Consultant, it’s servants, agents employees, guests, and business invitees, and
not caused by or arising out of the tortious conduct of City or its employees. In addition, Consultant shall
maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the City shall be named an additional insured in the minimum amount as specified in the
Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be
deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable
for an amount in excess of the insurance limits, herein provided, Consultant covenants and agrees to indemnify
and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or
liability to persons or property. Consultant shall provide City with a Certificate of Insurance, or other proof of
insurance evidencing Consultant's compliance with the requirements of this paragraph and file such proof of
insurance with the City. In the event the insurance minimums are changed, Consultant shall immediately
submit proof of compliance with the changed limits.
Consultant shall maintain automobile insurance with a limit of no less than $500,000 per occurrence for
owned, non-owned and hired vehicles. If Consultant has no owned motor vehicles, then hired and non-owned
motor vehicle liability coverage with limits not less than $500,000 per accident for bodily injury and property
damage is required. Where applicable, the City of Boise shall be named as an additional insured.
Additionally, the Consultant shall have and maintain during the life of this contract, statutory Workers
Compensation, regardless of the number of employees, or lack thereof, to be engaged in work on the project
under this agreement (including himself) in the statutory limits as required by law. In case any such work is
sublet, the Consultant shall require the sub Consultant to provide Workers Compensation Insurance for himself
and any/all the latter's employees. It is mutually agreed and understood by the parties that the Consultant and
the Consultant’s employees, agents, servants, guests and business invitees, and are acting as independent
Consultants and are in no way employees of the City.
3. Errors and Omission: Consultant will maintain Professional Liability Insurance with a minimum limit as
specified in the Idaho Tort Claims Act as set forth in Title 6, Chapter 9 of Idaho Code ($500,000).
Proof of all insurance shall be submitted to City of Boise, Purchasing Office, PO Box 500, Boise, ID 83701.
4. Independent Consultant: In all matters pertaining to this agreement, Consultant shall be acting as an
independent Consultant, and neither Consultant, nor any officer, employee or agent of Consultant will be
deemed an employee of City. The selection and designation of the personnel of the City in the performance of
this agreement shall be made by the City.
5. Compensation: This section will be negotiated with the CONSULTANT. The hourly rates and
reimbursable agreed to by the CONSULTANT and the City will be included as part of this section. A "not
to exceed" reimbursable amount may also be established under each Task Order.
After one year and within 30 days Consultant may request an equitable adjustment of fees to reflect
inflation and may include change in key personnel listed.
HOURLY RATES/ REIMBURSABLE COSTS
The billable hourly rates includes direct labor, general and administrative overhead, profit margin, ordinary
and CAD computer time, ordinary software costs, office supplies, routine reproduction costs, local
communication charges, facsimile charges and travel costs within Ada County.
The hourly rates do not include project related reimbursable costs such as costs associated with: extensive
reproductions costs such as reproduction of final bidding documents (plans and specifications), studies, etc.;
travel outside of Ada County; per diem; specialized equipment or software; and long distance communication
charges. Unless otherwise agreed to as a part of a specific task order negotiation, these reimbursable costs will
be billed to the CITY at the CONSULTANT’S cost. Sub consultants costs shall not exceed 5% markup.
The following data and/or services are to be provided by the OWNER without cost to the CONSULTANT:
A) Provide ongoing review of the CONSULTANT work and timely consideration of policy
issues at a time acceptable to both the OWNER and CONSULTANT.
B) Provide access to relevant record drawings, master plans, and other relevant design
information of record.
C) Provide electronic copies of standard contract documents and standard specification special
provisions in Microsoft Word format.
D) Unless otherwise specified in a specific task order, provide construction contract
administration and daily construction inspection.
6. Method of Payment: Consultant will invoice the Public Works Department, directly for all current
amounts earned under this Agreement. Owner will pay all invoices within forty five days after receipt.
7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in
this agreement, shall be in writing and be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
Rob Bousfield, P.E.
City of Boise Public Works
PO Box 500
Boise ID 83701
David Turner ([email protected])
CTA Architects Engineers
1185 Grove
Boise ID 83702
Either party may change their address for the purpose of this paragraph by giving written notice of such change
to the other in the manner herein provided.
8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement,
the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or forfeiture of this
Agreement.
9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to
perform.
10. Force Majeure: Any delays in or failure of performance by Consultant shall not constitute a breach or
default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond
the reasonable control of Consultant, including but not limited to, acts of God or the public enemy; compliance
with any order or request of any governmental authority; fires, floods, explosion, accidents; riots, strikes or
other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or
kind as those specifically named above, which are not within the reasonable control of Consultant. In the event
that any event of force majeure as herein defined occurs, Consultant shall be entitled to a reasonable extension
of time for performance of its Services under this Agreement.
11. Assignment: It is expressly agreed and understood by the parties hereto, that Consultant shall not have the
right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior
express written consent of City.
12. Discrimination Prohibited: In performing the Services required herein, Consultant shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, gender identity/expression,
national origin or ancestry, age or physical disability.
13. Reports and Information: At such times and in such forms as the City may require, there shall be furnished
to the City such statements, records, reports, data and information as the City may request pertaining to matters
covered by this Agreement.
14. Audits and Inspections. At any time during normal business hours and as often as the City may deem
necessary, there shall be made available to the City for examination all of Consultant's records with respect to
all matters covered by this Agreement. Consultant shall permit the City to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this
Agreement shall be subject to copyright in the United States or in any other country. The City shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement.
16. Compliance with Laws: In performing the scope of services required hereunder, Consultant shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local governments.
17. Changes: The City may, from time to time, request changes in the Scope of Services to be performed
hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation,
which are mutually agreed upon by and between the City and Consultant, shall be incorporated in written
amendments to this Agreement.
18. Termination for Cause: If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
its obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements, or
stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving
written notice to Consultant of such termination and specifying the effective date thereof at least fifteen (15)
days before the effective date of such termination. In such event, all finished or unfinished documents, data,
maps, studies, surveys, drawings, models, photographs and reports prepared by Consultant under this
Agreement shall, at the option of the City, become its property, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily complete hereunder.
Notwithstanding the above, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Agreement by Consultant, and the City may withhold any payments to
Consultant for the purposes of set-off until such time as the exact amount of damages due the City from
Consultant is determined. This provision shall survive the termination of this agreement and shall not relieve
Consultant of its liability to the City for damages.
19. Termination for Convenience of City: The City may terminate this Agreement at any time by giving at
least fifteen (15) day notice in writing to the Consultant. If the Agreement is terminated by the City as
provided herein, Consultant will be paid an amount which bears the same ratio to the total compensation as
the services actually performed bear to the total services of Consultant covered by this Agreement, less
payments of compensation previously made. If this Agreement is terminated due to the fault of Consultant,
Section 19 hereof relative to termination shall apply.
20. Consultant to Pay or Secure Taxes: The Consultant in consideration of securing the business agrees: 1) To
pay promptly when all taxes due (other than on real property), excises and license fees due the state, its
subdivisions, and municipal and quasi-municipal corporations therein, accrued or accruing in accordance with
conditions of this Agreement, whether or not the same shall be payable at the end of such term; 2) That if said
taxes, excises and license fees are not payable at the end of said term, but liability for the payment thereof
exists, even though the same constitute liens upon the Consultant's property, to secure the same to the
satisfaction of the respective officers charged with the collection thereof; and that; 3) That, in the event of
default in the payment or securing of such taxes, excises, and license fees, that Boise City may withhold from
any payment due the Consultant hereunder the estimated amount of such accrued taxes, excises and license
fees for the benefit of all taxing units to which said Consultant is liable.
21. Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not
affect the validity or enforceability of any other part of this Agreement so long as the remainder of the
Agreement is reasonably capable of completion.
22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all
other agreements or understandings, oral of written, whether previous to the execution hereof or
contemporaneous herewith.
23. Non-Appropriation: Should funding become not available, due to lack of appropriation, the City may
terminate this agreement upon 30 (thirty) day notice.
24. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the
laws of the State of Idaho, and the ordinances of the City of Boise.
25. Renewal: This agreement shall be valid for Two (2) years from the date of approval by the City. After
the first full year of services Consultant may request an equitable adjustment of fees. This agreement is
renewable upon mutual agreement by both parties. Two (2) annual renewals shall be allowed. The terms
of the renewal may include an equitable adjustment of fees to reflect inflation and may include change in
key personnel listed.
26. Approval Required: This Agreement shall not become effective or binding until approved by the City of
Boise.
END OF AGREEMENT
IN WITNESS WHEREOF, the City and the Consultant/Consultant have executed this Agreement as of the
date first above written.
City of Boise
CTA ARCHITECTS ENGINEERS
1185 Grove
Boise ID 83702
APPROVED BY:
David H. Bieter, Mayor
Date
ATTEST:
Signature
Print Name
Debbie Broughton, City Clerk
Ex-Officio
Date
Purchasing Agent
Date
APPROVED AS TO FORM AND CONTENT
Department
Date
Legal Department
Date
Risk Management
Date
CONTRACT AMOUNT:
To be negotiated per Task Order
Date
ACKNOWLEDGEMENT
State of
County of
)
) ss
)
On this______day of _____________20____, before me personally appeared ______________
known to me and known by me to be the person who executed the above instrument, who, being by me
first duly sworn, did depose and say that he/she is _________________________
and that he executed the foregoing instrument on behalf of said firm for the use and purposes stated
therein.
Witness my hand and official seal
____________________________
(notary signature)
(SEAL)
Sample
TASK ORDER NO.
FOR
RFP Name, RFP Number
(project name) - CITY OF BOISE
City Project No.
Consultant Project No.
THIS TASK ORDER, entered into this Day of Month, Year, between The City of Boise, Boise, Idaho, hereinafter referred to as the
OWNER and Company Name, hereinafter referred to as the CONSULTANT, is subject to the provisions of the RFP Name, RFP
Number, dated Month Day, Year, hereinafter referred to as the AGREEMENT.
WITNESSETH:
WHEREAS, the OWNER intends to
, hereinafter referred to as the PROJECT; NOW, THEREFORE, the OWNER and
in consideration of their mutual covenants herein agree in respect as set forth below.
CLIENT INFORMATION AND RESPONSIBILITIES:
The OWNER will provide to CONSULTANT the data and/or services specified in the AGREEMENT.
In addition, the OWNER will furnish to CONSULTANT
.
SERVICES TO BE PERFORMED BY CONSULTANT:
Consultant will
.
SCHEDULE OF SERVICES TO BE PERFORMED:
CONSULTANT will perform said services within
calendar days of the date of this TASK ORDER.
BASIS OF FEE AND BILLING SCHEDULE:
The OWNER will pay CONSULTANT for its services and reimbursable expenses as follows:
.
IN WITNESS WHEREOF, the parties hereto have executed this TASK ORDER AGREEMENT as of the day and year first above
written.
OWNER: City of Boise
150 N. Capitol Blvd.
P.O. Box 500
Boise, ID 83701
CONSULTANT: Company Name
Company Address
Company Address
Company City, State ZIP
DEPARTMENT PROJECT MANAGER APPROVAL:
By:
Name/Title: Date
By:
Name/Title: Consultant Contact Name, Contact Title Date
PUBLIC WORKS TECHNICAL APPROVAL:
BOISE CITY PURCHASING APPROVAL: (if>$10,000)
By:
Name/Title: Date
By:
Name/Title: Purchasing Agent Date
PUBLIC WORKS PURCHASING REVIEW:
By:
Name/Title: Diane Morrison, CPPB/Purchasing Advisor Date
Carolyn Estes
From:
Sent:
To:
Cc:
Subject:
Dave Turner <[email protected]>
Thursday, February 21, 2013 10:27 AM
Carolyn Estes
Joseph Black
Re: RFP 13-111 Architectural Services
Hi Carolyn,
CTA is OK with our proposal not being confidential.
Thank you for asking and bringing this to our attention. We very much would like to be considered for your
Miscellaneous Architectural Services contract.
Dave
Dave Turner, AIA, NCARB
Principal
cell: 208.859.0425
direct: 208.577.5603
[email protected]
CTA, INC. An Integrated Design Firm
1185 Grove Street
Boise, ID 83702
phone: 208.336.4900
fax: 208.343.3531
http://www.ctagroup.com
>>> Carolyn Estes [email protected]> 2/21/2013 9:38 AM >>
Hello Dave The CD copy of your proposal was marked confidential. As per page 4 of the proposal instructions: Marking your entire Bid or Proposal as exempt is not acceptable or in accordance with the Solicitation documents or the Public Records Law and will not be honored. Your rate schedule will be treated as confidential information but being a public agency the City cannot treat your entire proposal as confidential. If this is not acceptable you may withdraw your proposal. If you are okay with your proposal not being confidential please reply to this message and confirm. Regards Carolyn Carolyn Estes C.P.M.
Purchasing Specialist City of Boise [email protected] T. 208.384.3778 F. 208.384.3995 1
REQUEST FOR PROPOSAL
Miscellaneous Architectural Services
Boise, Idaho
RFP#13-111
February 20, 2013
PRESENTED BY
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Proposal
RFP 13-111
Return in Sealed Envelope
Name of Business:
CTA Architects Engineers
Please print or type
Address:
1185 Grove Street
City:
Boise
State:
Idaho
Phone No.:
208.336.4900
Federal Tax ID:
81-0305543
Zip Code:
83702
Signature:
Printed Name:
David L. Turner
E-Mail
[email protected]
Title:
Principal
Date:
February 20, 2013
Significant Local Economic Presence: _____
X Yes; _____ No
(Misstatement of local presence may result in disqualification of the bid or proposal by the City Council).
Provide local address if different than mailing address.
Proposer Acknowledge Receipt of the Following Addenda:
Addendum #
Date
1.
2.
3.
4.
The above signed proposes to provide services in accordance with the specifications for RFP 13-111,
Misc. Architectural Services, Boise Idaho and to bind themselves, on the acceptance of this proposal,
to enter into and execute a contract, of which this proposal, terms and conditions, and specifications
will be part.
The above signed acknowledges the rights reserved by the City to accept or reject any or all
proposals as may appear to be in the best interest of the City. The undersigned further agrees, if
awarded a contract, to execute and deliver the same to the City within five (5) working days after
receipt of an executed contract and to submit there with all required insurance certificates.
P a g e | 14
Proposal
RFP 13-111
Item
Cover letter and signature Sheet
Basic Qualifications
Check list
X
X
X
X
X
Specific Qualifications
Specific Experience:
References
Yes
Yes
Yes
Yes
Yes
Enclosed?
No
No
No
No
No
Public Agency Clause
Bid prices will be made available to other "Public Agencies", including agencies of the State of
Idaho, and as defined in Section 67-2327 of the Idaho Code, which reads: "Public Agency" means
any city or political subdivision of this state including, but not limited to counties; school districts;
highway districts; port authorities; instruments of counties; cities or any political subdivision created
under the laws of the State of Idaho. It will be the responsibility of the "Public Agency" to
independently contract with the vendor and/or comply with any other applicable provisions of Idaho
Code governing public contracts. Typically, other municipalities buy from our agreement.
Accept Public Agency Clause?
X
Yes
No
P a g e | 15
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___Michael Clay___
C O R P O R A T I O N
Letter of Recommendation
st
Date:
February 21 2011
To:
Humboldt County
From:
Mike Sheppard, President
Recommending:
CTA Architects & Engineers
I am pleased to recommend CTA Architects and Engineers for the upcoming project. Over my long career
in the construction industry I have worked with many fine architects, engineers and design teams. CTA
rates on the top of my list for public projects and particularly your upcoming project.
My first experience working with their Boise Office in 2002 as the General Contractor for the New MRI at
Humboldt General Hospital provided the introduction to how CTA manages their projects. This was the
first job in my experience where the architect and all of the consultants were under one roof and working
for the primary architect as a team. The more typical arrangement we experience is the lead architect
coordinating a design team of consultants from separate firms who specialize in their discipline, like;
structural, landscape, mechanical and electrical engineering.
On many past projects the construction period is twelve, eighteen or twenty four months after the design
development and the consultants have moved on to other jobs and are not as responsive to requirements
of construction administration when the job is in progress. CTA’s business model provides a much more
fluid construction process.
Currently I am retained by Humboldt General Hospital District Board of Trustees as their Owner’s
Representative or what most would classify as Construction Manager during the major redevelopment of
the hospital campus which includes over ten million dollars in new construction and remodeling.
CTAs’ Program Management model has been key to the progress and pace of the job and critical to the
success of all parties in the equation on a very critical schedule during winter weather and on a hospital in
operation 24/7 during performance of the work. All elements of the program including the interior
design, fixtures and equipment are designed and administered by CTA.
I assume that following the review and short listing of candidates you will review at least three firms. I
would encourage that you look into the recent successful projects of your candidates and evaluate the
“nuts and bolts” of how the parties worked together. Recall that recent projects here in Humboldt
County have demonstrated many possible improvements in project delivery will improve outcomes.
I would be pleased to answer anything you wish to inquire about. I can be reached at the office number
below or my cell phone, 775-304-1483.
Mike Sheppard
Mail:
410 E. Minor Street FedEx/UPS: 8 E. Haskell Street
Winnemucca, Nevada 89445 License No. 4548
Phone 775-623-4488 Fax 775-623-6217
[email protected] * www.michaelclay.com
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eighth and main tower
Boise’s newest high rise development, located at
Eighth and Main streets in the downtown area, will
soon be the tallest building in the state of Idaho. The
building, created in partnership with Babcock Design
Group, contains seventeen floors with a penthouse
crowning the structure. The tower’s program includes:
a bank and several restaurants on the first two floors,
designated parking on the third through fifth floors,
and office space on the sixth through sixteenth floors.
Construction of the tower will be completed in 2014.
humboldt county
communications center
This 7,900 sq. ft. facility is the new home for Humboldt
County’s Emergency 911 Dispatch Center. The project
is the latest addition to an existing law enforcement
campus located in County’s seat of Winnemucca,
Nevada. The facility serves multiple groups including
Humboldt County Sherriff’s Department, the Bureau
of Indian Affairs, Nevada Highway District, eight
different Fire Districts, and the Emergency Medical
Services of the area.
The project consists of a dispatch room, conference/
training space, vehicle maintenance garage, and
supervisor and IT staff offices, communications server,
and break rooms. The project’s layout is configured
to meet all guidelines and criteria of emergency
operation facilities. The facility boasts a disaster
resistant structure and redundant mechanical/power/
communications systems.
The design employs daylight harvesting,
under floor HVAC, power and data distribution
systems. All of these provisions are included to
provide a more comfortable and alert workplace
for the employees and thus contributing towards
better service and safety for the community.
1185 Grove Street
Boise, Idaho 83702
208.336.4900
www.ctagroup.com
CITY OF BOISE
REQUEST FOR PROPOSALS
RFP 13-111
MISCELLANEOUS ARCHITECTURAL SERVICES
-PROPOSAL INSTRUCTIONS AND INFORMATIONRFP 13-111 Miscellaneous Architectural Services
City of Boise
Scope of Service: The City of Boise, Idaho is requesting proposals for Miscellaneous Architectural Services
to complete design services for renovation/remodeling work and minor new projects on City owned facilities
for the next two (2) years with the possible extension of two (2) additional one year terms.
Proposals are to be received no later than February 20, 2013, 4:00 P.M. local time, and will be opened
promptly thereafter.
The format for submittals and additional information regarding the scope of work are available online at
DemandStar. To register for DemandStar, go to the City of Boise website, www.cityofboise.org, and click on
Purchasing for a registration link. If you register with DemandStar, you can download bid documents at
no charge. Bid documents can also be obtained on a CD at the purchasing Office, Boise City Hall, 150 North
Capitol Blvd, Boise, Idaho, for a $5.00 non-refundable charge. If you have questions, contact Purchasing at
208/384-3775.
In determining the best qualified proposal, Purchasing will consider all acceptable proposals on a basis
consistent with RFP requirements. The City will also consider whether the Proposer is a responsible Proposer
as described in the Boise City Code Section 1-11-1.
The City of Boise reserves the right to reject any and all proposals, to waive any irregularities in the proposals
received and to accept the proposal(s) that are in the best interest of the City. Boise City is an Equal
Opportunity Employer. The City of Boise is exempt from Federal and State taxes and will execute the required
exemption certificates.
CITY OF BOISE, IDAHO
ADVERTISE: January 30 and February 6, 2013
RFP 13-111
1.0 Proposal Instructions and Information
• Please include your original proposal, one (1) copy and one (1) CD. The CD to be formatted into
one (1) PDF file and MUST include signed signature page. PDF file name shall be "project
number, followed by company name". All valid Confidential files are to be provided as separate
PDF file and title shall be project number, confidential, company name. (I.E. RFP 13-111
Confidential xxxx Company).
• Proposals are to be received no later than February 20, 2013, 4:00 P.M.
• The Contract Agreement and any attachments to this proposal will form the terms and conditions of
the agreement and will be binding on the successful Proposer. The successful Proposer will be
expected to execute the Contract Agreement and fully execute the services described within this
document and their Proposal unless objections are submitted with the Proposal, no objections will
be considered following the Proposal acceptance time.
• The Owner is the City of Boise.
• If a "Proposal Schedule" is present, the Schedule shall be completely filled in by the Proposer and
included in their proposal. Where proposal formats are requested, Proposer is to comply with all
specifications.
•
The submission package or envelope must be SEALED and plainly marked with the following:
(1) the Solicitation number, (2) the name of the item or service being sought, and (3) the opening
date and time. The submitting Vendor’s return address must appear on the envelope or package.
Do not respond to more than one Solicitation in the same envelope. A submission made using
"Express/Overnight" services must be shipped in a separate sealed inner envelope/package
identified as stated above. No responsibility will attach to the City, or to any official or employee
thereof, for the pre-opening of, post-opening of, or the failure to open a submission not properly
addressed and identified. DO NOT FAX YOUR BID OR PROPOSAL. Bids and Proposals must
be submitted in writing. No oral, telephone, facsimile, telegraphic, or late submissions will be
considered. All submissions must be received at the City Purchasing Office and time and date
stamped prior to the closing date and time. It is the submitting Vendor’s responsibility to timely
submit their Bid or Proposal in a properly marked envelope, prior to the scheduled closing, for
receipt in sufficient time to allow the submission to be time and date stamped.
•
All bids must be signed. Bids not signed will be disqualified and considered non-responsive.
•
Additional sheets may be included if more room is needed for technical information, answers, and
explanations.
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RFP 13-111
1.1 Intent of Proposal
It is the intent of this proposal to describe the services being sought in sufficient detail to secure qualified
proposals. Proposals will be evaluated using a weighted scoring method. Proposals not conforming to the
requested format or not in compliance with the specifications will not receive full scoring.
1.2 Proposer’s Costs
The Proposer will be responsible for all costs (including site visits where needed) incurred in preparing or
responding to this RFP. All materials and documents submitted in response to the RFP become the
property of the City and will not be returned.
1.3 Evaluation of Proposer
Before a contract will be awarded, the City may conduct reference investigations as is necessary to evaluate
and determine the performance record and ability of the top ranked Proposer(s) to perform the size and
type of work to be contracted, and to determine the quality of the service being offered. By submitting a
proposal, you authorize the City to conduct reference investigations as needed. Proposals will be evaluated
by a selection committee comprised of City of Boise employees, and may include citizens of the City.
1.4 Insurance (see attached agreement)
The minimum limits of insurance described above will not be deemed a limitation of the Contractor's
covenant to indemnify.
1.5 Reserved Rights
The City of Boise reserves the right to accept or reject proposals. The City may select firm(s) on the basis
of the written proposal or may request oral presentations from the most highly rated firms under the
evaluation criteria outlined above. The firm(s) selected through this process as the best qualified will then
be requested to negotiate a contract.
1.6 Public Records/Confidential Information
Public Records
The Idaho Public Records Law, Idaho Code Sections 9-337 through 9-348, allows the open inspection and
copying of public records. Public records include any writing containing information relating to the
conduct or administration of the public's business prepared, owned, used, or retained by a State or local
agency regardless of the physical form or character. The City is a public agency. All documents in its
possession are public records. Bids are public records and, except as noted below, will be available for
inspection and copying by any person. If any Bidder claims any material to be exempt from disclosure
under the Idaho Public Records Law, the Bidder will expressly agree to defend, indemnify and hold
harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No
such claim of exemption will be valid or effective without such express agreement.
Confidential Information
The City will take reasonable efforts to protect any information marked "confidential" by the Bidder, to the
extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a
separate envelope, sealed and marked "Confidential Information" and will be returned to the Bidder upon
request after the award of the contract. Include the specific basis for your position that it be treated as
exempt from disclosure. Marking your entire Bid or Proposal as exempt is not acceptable or in accordance
with the Solicitation documents or the Public Records Law and will not be honored. It is understood,
however, that the City will have no liability for disclosure of such information. Any questions regarding
the applicability of the Public Records Law should be addressed to your own legal counsel PRIOR TO
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RFP 13-111
SUBMISSION. Any proprietary or otherwise sensitive information contained in or with any Bid is
subject to potential disclosure.
1.7 Taxes
The City of Boise is exempt from Federal and State taxes and will execute the required exemption
certificates for items purchased and used by the City.
1.8 Request for Clarification, Protest of Proposal Requirements, Standards, Specs, or Process
Any Proposer who wishes to request clarifications, or protest the requirements, standards, specifications or
processes outlined in this Request for Proposal may submit a written notification to the Purchasing
Specialist, to be received no later than noon, three (3) working days prior to the proposal opening date.
The notification will state the exact nature of the clarification, protest, describing the location of the
protested portion or clause in the Proposal document and explaining why the provision should be struck,
added, or altered, and contain suggested corrections. The Finance & Administration Department may deny
the protest, require that the Proposal document be modified, modify the proposal, and/or reject all or part
of the protest. Changes to these specifications will be made by written addendum. Verbal responses will
not be binding on the City or the Proposer.
Written requests are to be directed to:
Carolyn Estes C.P.M.,
Purchasing Specialist
Fax: 208-384-3995 [email protected]
1.9 Addenda to the RFP
If this RFP is modified by the Department of Finance & Administration, the modifications will be sent to
each Proposer in writing by DemandStar (or fax, email, or mail). Verbal modifications are not binding on
the City or the Proposer. No oral changes will be considered or acknowledged. Proposers are requested to
acknowledge each addendum received in their Proposal Response.
1.10 Modification and Withdrawal of Proposal
A proposal may be modified or withdrawn by the Proposer prior to the set date and time for the opening of
proposals.
1.11 Proposal Questions
Questions and responses of any one Proposer, which the City of Boise deems may affect or cause an
ambiguity in proposal responses, will be supplied to all prospective Proposers by addendum.
The City of Boise may, by written notice to all respondents, cancel, postpone or amend the Request for
Proposal (RFP) prior to the due date. If, in the opinion of the City of Boise, the revisions or amendments
will require additional time for a response, the due date will be extended to all participants. If revisions and
amendments are not furnished to respondents prior to the due date, proposals shall be considered
withdrawn and the process shall be re-initiated without further discussion.
1.12 Protest of Contractor Selection or Contract Award
Proposers who disagree with the City’s selection decision may protest that decision. The judgment used in
the scoring by individual evaluators is not grounds for appeal. No protest because of a solicitation
provision, evaluation criteria, scope of work, specification or contract term that could have been raised as a
Solicitation Protest will be considered. The selection protest must be submitted in writing within seven (7)
Page |5
RFP 13-111
calendar days of the Notice of Intent to Award. The protest shall be submitted to the Purchasing Office at
the following address:
Written protests are to be directed to:
Purchasing Agent
Boise, ID 83702
Fax: 208-384-3995
[email protected]
1.13 Award Criteria
Criteria necessary to evaluate the proposals in relation to the service being sought are included in the RFP
documents and will be established and weighted. At a minimum, criteria will include experience,
references, compliance to the specifications and requirements for the service provided that, the City
Council may award contracts to the Proposer it determines appropriate and may include entities with a
significant local economic presence as described in the Boise City Code Section 1-11.
Criteria
Cover Letter and Signature Sheet
Tenant improvements
Maintenance Projects
Small Capital Projects
References
Total Points
Score
Pass/Fail
100 Points
100 Points
100 Points
100 Points
100 Points
100 Points
600 Points
Significant Local Economic Presence
To qualify as a bidder with a significant local economic presence, a firm must maintain in the Metropolitan
Impact Area a fully staffed office, or fully staffed sales offices, or fully staffed sales outlets, or
manufacturing facilities, or warehouses, and, if required, be registered with the Secretary of State of Idaho
to do business in Idaho at the time of the bid opening.
Metropolitan Impact Area
Includes and is limited to the counties of Ada, Boise, Canyon, Elmore, Gem and Payette in the state of
Idaho.
1.14 Proposal
It is desired that the submitted proposal remain in effect for a minimum of 120 days. If this is not
accepted, Proposer is to so indicate.
1.15 Payments
Payments are processed weekly. The awarded Proposer can expect the City to issue and mail payment
within 45 days after receipt of invoice.
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RFP 13-111
1.16 Stop Work Order
Any “Stop Work Order” given to Awarded Proposer will cause all physical work to stop and a complete
cessation of all expenditures, ordering of materials, etc., on the part of the Awarded Proposer and/or his
assigns.
1.17 Disadvantaged Business Enterprises (D.B.E.)
D.B.E. firms and business enterprises are encouraged to submit a proposal. Women owned and minority
owned firms are encouraged to submit a proposal. The City actively encourages any proposals by D.B.E.
firms for goods and services for the City.
1.18 The City of Boise reserves the right to reject any and all proposals, to waive any irregularities in
the proposals received and to accept the proposal(s) deemed most advantageous to the best interest of the
City of Boise.
2.0 TERMS AND CONDITIONS
2.1 Assignment or Subcontracting
The Consultant may not assign or transfer this agreement or any interest therein or claim there under, or
subcontract any portion of the work there under, without the prior written approval of the City of Boise. If
the City of Boise consents to such assignment or transfer, the terms and conditions of this Agreement shall
be binding upon any assignee or transferee.
2.2 Contract
The selected firms(s) will be expected to execute a contract (Attachment A) with the City of Boise.
2.3 Ownership and Access to Records
While ownership of confidential or personal information about individuals shall be subject to negotiated
agreement between the City of Boise and the Consultant, records will normally become the property of the
City of Boise and subject to state law and City of Boise policies governing privacy and access to files.
2.4 Examination of Records
The City of Boise shall have access to and the right to examine any pertinent books, documents, papers,
and records of the Consultant involving transactions and work related to this Agreement until the
expiration of five years after final payment hereunder. The Consultant shall retain project records for a
period of five years from the date of final payment.
2.5 Conflict of Interest
2.5.1. The Consultant shall not hire any officer or employee of the City of Boise to perform any
service covered by this Agreement.
2.5.2. The Consultant affirms that to the best of his/her knowledge there exists no actual or potential
conflict between the Consultant's family, business, or financial interests and the services provided
under this Agreement, and in the event of change in either private interests or service under this
Agreement, any question regarding possible conflict of interest which may rise as a result of such
change will be raised with the City of Boise.
2.5.3. The Consultant shall not be in a reporting relationship to a City of Boise employee who is a near
relative, nor shall the near relative be in a decision-making position with respect to the Consultant.
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RFP 13-111
2.6 Copyright
The City of Boise shall own, solely and exclusively, the copyright and all copyright rights to any written or
otherwise copyrightable material delivered under this Agreement. The Consultant warrants that all creators
of copyrightable material delivered under this Agreement to the City of Boise are, at the time of the
material's creation, bona fide employees or subcontractors of the Consultant, and that such creation is
within the course and scope of the creator's employment.
2.7 Confidentiality
The Consultant shall use his or her best efforts to keep confidential any information provided by the City
of Boise and marked "Confidential Information," or any oral information conveyed to the Consultant by
the City of Boise and followed by a written communication within thirty (30) days that said information
shall be considered Confidential Information. This non-disclosure provision shall not apply to any of the
following:
2.7.1. Information that the Consultant can demonstrate by written records was known to him or her
prior to the effective date of this Agreement;
2.7.2. Is currently in, or in the future enters, the public domain other than through a breach of this
Agreement or through other acts or omissions of Consultant; or
2.7.3 Is obtained lawfully from a third party.
2.8 Non-Waiver
Waiver or non-enforcement by either party of a term or condition shall not constitute a waiver or nonenforcement of any other term or condition or of any subsequent breach of the same or similar term or
condition.
2.9 No Third-Party Rights
Nothing in this Agreement is intended to make any person or entity that is not signatory to the agreement a
third-party beneficiary of any right created by this Agreement or by operation of law.
2.10 Standard for Performance
The parties acknowledge that the City of Boise, in selecting the Consultant to perform the services
hereunder, is relying upon the Consultant's reputation for excellence in the performance of the services
required hereunder. The Consultant shall perform the services in the manner of one who is a recognized
specialist in the types of services to be performed. All deadlines set forth in the Agreement are binding and
may be modified only by subsequent written agreement of the parties. The Consultant shall devote such
time to performance of its, her, or his duties under this Agreement as is reasonably necessary for the
satisfactory performance of such duties within the deadlines set forth herein. Nothing in the foregoing shall
be construed to alter the requirement that time is of the essence in this Agreement.
2.11 Attorney's Fees
In the event of any action brought by either party against the other to enforce any of the obligations
hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing
party shall pay the prevailing party such reasonable amounts of fees, costs and expenses, including
attorneys' fees, as may be set by the Court.
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RFP 13-111
2.12 Applicable Law
The laws of the State of Idaho shall govern this agreement.
2.13 Rejection of Proposals
The City of Boise may, at its sole option, reject any and all proposals, for any reason, and reserves the right
to re-solicit proposals in the event no response to the RFP is acceptable to the City of Boise. City of Boise
is in no way obligated to any respondent for the work as set forth in the specifications.
2.13.1 The City of Boise reserves the right to accept or reject proposals on each item separately or the
RFP as a whole, without further discussion.
2.13.2 Proposals, which are incomplete, will be considered non-responsive to this solicitation and may
be rejected without further consideration.
2.13.3 If, in the opinion of the City of Boise, the solicitation does not result in reasonable prices to the
City of Boise, considering price and cost factors associated with the acquisition described herein, then
all proposals shall be rejected. All participating respondents shall be notified of the rejection, the
reasons for the rejection, and advised of the disposition of the requirement.
Page |9
RFP 13-111
-SCOPE OF SERVICEIntroduction & Background
This request for proposals is not based on any specific projects. Rather, the City seeks to enter into
Miscellaneous Services contracts with a number of architectural firms so they would be available to be hired,
on a negotiated Task Order basis, under the awarded contract, to work on specific projects in the future.
The City of Boise Public Works Department is soliciting proposals from firms to provide Miscellaneous
Architectural Services as required to complete the design for renovation/remodeling work on City owned
facilities as well as designing smaller new facilities. The scope of services on individual Task Orders may
include any combination of preliminary planning, alternative study sketches with preliminary cost estimates,
preparation of plans and specifications, bid documents, and administrative services during construction. The
specific proposal requirements and selection criteria are defined below.
It is estimated that the City will contract with three (3) or more consultants selected from this RFP for two (2)
years, with the possibility of two (2) one (1) year extensions.
Because of the variety of projects that may be completed via this proposal, it is anticipated that City will
contract with several firms.
The anticipated services will be for tenant improvements /remodeling, maintenance, or simple capital projects.
Although the specific work has not yet been identified, examples of past projects include concept plans and
estimates for the City staff in preparation for a remodeling project, ADA building studies, remodeling a fire
station, remodeling a restroom to ADA standards, re-roofing projects, designing a restroom facility for the
Greenbelt, and design corrections of facilities to safety address problems. New facilities may also be designed
under the scope of this proposal.
Professional fees will generally be less than $30,000 per project. Services for projects of over $50,000 in
professional fees may be contracted for under this agreement, or may be contracted for under a separate RFP.
For the last 4 years the City spent $607,000 in Architectural Services under the contract. The City cannot claim
to spend any certain amount under this RFP since the projects are as needed.
Service Specifications
The scope of services outlined below are for a complete project and are for illustration only. The actual scope
of services specific to each project will be outlined in the task order.
1.
Consultation, Planning and Preliminary Design Phase
The Architect shall prepare for the approval of the City conceptual and preliminary design
studies, sketches or fixtures and materials recommendations, whichever case may apply.
These plans are for discussion purposes only and shall involve idea or study type drawings.
They may or may not need to be of presentation quality. Alternative design schemes shall
also include approximate estimate of construction costs at this phase to be prepared by the
Architect.
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RFP 13-111
Conceptual alternative proposals requested, (depending on the project scope), to be provided by
the Architect to the Owner. The Consultant(s) shall finalize the chosen Concepts into Preliminary
Plans which may or may not be of presentation quality. Supporting illustratives shall be required;
sections, elevations, perspectives, and enlargements of particular areas may be called for as a
result of conceptual reviews.
2. Construction Documents Phase
Upon approval by respective City departments of the Preliminary designs, the Architect shall
prepare for further approval the Construction Documents. Construction Documents shall consist
of Working Drawings, Details, and Specifications necessary for construction of the project.
Included with the Construction Documents will be instructions setting forth the requirements for
the construction of the project and the duties and responsibilities of the Architect(s), Boise City,
and the Contractor(s). These Construction Documents shall cover all architectural and
engineering details, materials and product specifications required to complete the facility
construction.
The Architect shall advise Boise City of any adjustments to preliminary statements of probable
construction cost indicated by changes in requirements or general market conditions as part of
final pre-bid review.
3. Bidding Phase
The Architect, following Boise City's approval of the Construction Documents, shall assist the
City in obtaining bid proposals, evaluating the bids and bidders, and in awarding a contract or
contracts for the construction of the project(s).
4. Construction Phase
a. The Architect shall make periodic visits to the site of the project to remain familiar with
the progress and quality of the work and to determine in general if the project is
proceeding in accordance with the Contract Documents.
b. The Scope of Services of the Architect shall include periodic observation of Contractor's
work, interpretation of plans and specifications for correctness of workmanship and
materials, and appearance of final projects, but without assuming any responsibility for the
Contractor's means and methods. It also includes processing of necessary and appropriate
paperwork, assistance in contract administration, weekly reports, issuance of certificates,
authorization of payments to the Contractor, authorization for materials testing, and other
responsibilities as may be provided for in the Contract Documents.
5. Additional Services
The Consultant(s) shall consider their ability to perform other additional services as deemed
appropriate by the City of Boise, relative to the design process of other facilities.
P a g e | 11
RFP 13-111
Evaluation and Selection Process
It is anticipated that City will contract with a variety of firms based on identified expertise in such areas as
roofing, remodeling, mechanical and HVAC systems, and space planning due to the variety of anticipated and
completed projects.
The individual members of an evaluation committee will use the evaluation factors listed below for ranking of
proposers. The selection of firms will be based on a consensus evaluation by the committee. Once the firms
have been selected, Boise City will enter into negotiations with the selected firms to finalize a contract. If
contract terms cannot be agreed upon with the selected proposer(s), the City will terminate negotiations with
that proposer, and may enter into negotiations with the next selected proposer(s) or reject all proposals as is in
the best interest of the City. The Consultant fee information will not be used for determining which firms are
selected. The Consultant fees will be used as a basis for beginning contract negotiations with the firms selected
as most qualified.
Proposal Format
All proposals submitted in response to this request should include the following headings to assist evaluation.
The proposals should be clear and to the point. Emphasis should be placed on specific qualifications of the
people who will actually provide the service and the firm’s ability to manage the service.
I. Cover Letter and Signature Sheet
Pass/Fail
The cover letter should contain an introduction of your firm, interest and experience in the different type of
services (i.e. roofing, remodeling, mechanical and HVAC systems, and space planning) and your firm's ability
to respond and perform anticipated services in a timely manner.
II. Basic Qualifications
100 Points
Provide basic data relative to the firm's size, history, personnel, LEED accredited professionals, special
expertise and general credits. Awards, associations, etc., may be included. Provide a list of sub consultants
that your firm has completed projects with in last 3 years.
The City reserves the right to investigate and confirm the proposer's financial responsibility. This may include
financial statements, bank references and interviews with past clients, employees, and creditors, as well as the
quality of design services. Unfavorable responses to these investigations are grounds for rejection of proposal.
III. Specific Qualifications
100 Points
Please provide resumes for individual members of the firm expected to be participating in projects under this
miscellaneous contract. Delineate respective responsibilities, and discuss their qualifications relative to this
request. Provide specific examples of individual experience relative to a minimum of three (3) projects: briefly
illustrating their ability to complete such projects. Notate any special training or particular experiences with
similar projects and LEED experience.
IV. Specific Project Experience
Provide a statement of qualifications which identifies examples of the types of projects listed below which have
been completed by your firm. References should be listed for each of the projects.
Tenant improvements/Remodeling Public and Office Spaces
100 Points
Remodeling projects for public buildings with office space, meeting rooms, reception areas, and where
services are provided to the public. Also, Projects for sports and recreation facilities, transportation
terminals, parking facilities.
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RFP 13-111
Maintenance Projects
100 Points
Roof modifications, re-roofing, mechanical system renovations and conversions.
Small Capital Projects
100 Points
Converting space to different uses such as an existing building into a police sub-station, park
restrooms, street scape or pathway improvements.
V. References
100 Points
Provide a minimum of three (3) references including name, address and telephone number of firms that have
dealt with your designated team individuals on other similar projects.
VII. Appendix (Optional)
A)
Brochures
B)
Letters of Recommendation
C)
Other
Fee Schedule - Submit in separate sealed envelope
The fee schedule will not be used in determining which firm is selected as the most qualified. The City is
subject to the provisions of Idaho statute 67-2320.
Boise City requests submittal of Consultant fees in a billable hour rate format for all personnel proposed for
use under this contract. Please itemize any items not included in the hourly rate, such as reimbursable items,
other than ones listed below.
Hourly Rates/ Reimbursable Costs
The billable hourly rates includes direct labor, general and administrative overhead, profit margin, ordinary and
CAD computer time, ordinary software costs, office supplies, and equipment, routine reproduction costs, local
The hourly rates do not include project related reimbursable costs such as costs associated with : extensive
reproductions costs such as reproduction of final bidding documents (plans and specifications), studies, etc;
be billed to the CITY at the CONSULTANT’S cost. Sub-consultants costs are allowed up to a maximum of 5
percent markup.
P a g e | 13
Proposal
RFP 13-111
Name of Business:
Please print or type
Address:
City:
State:
Zip Code:
Phone No.:
Federal Tax ID:
Signature:
Printed Name:
E-Mail
Title:
Date:
Significant Local Economic Presence: _____ Yes; _____ No
(Misstatement of local presence may result in disqualification of the bid or proposal by the City Council).
Provide local address if different than mailing address.
Proposer Acknowledge Receipt of the Following Addenda:
Addendum #
Date
1.
2.
3.
4.
The above signed proposes to provide services in accordance with the specifications for RFP 13-111,
Misc. Architectural Services, Boise Idaho and to bind themselves, on the acceptance of this proposal,
to enter into and execute a contract, of which this proposal, terms and conditions, and specifications
will be part.
The above signed acknowledges the rights reserved by the City to accept or reject any or all
proposals as may appear to be in the best interest of the City. The undersigned further agrees, if
awarded a contract, to execute and deliver the same to the City within five (5) working days after
receipt of an executed contract and to submit there with all required insurance certificates.
P a g e | 14
Proposal
RFP 13-111
Check list
Item
Cover letter and signature Sheet
Enclosed?
Yes
Yes
Yes
Yes
Yes
References
No
No
No
No
No
Public Agency Clause
Bid prices will be made available to other "Public Agencies", including agencies of the State of
Idaho, and as defined in Section 67-2327 of the Idaho Code, which reads: "Public Agency" means
any city or political subdivision of this state including, but not limited to counties; school districts;
highway districts; port authorities; instruments of counties; cities or any political subdivision created
under the laws of the State of Idaho. It will be the responsibility of the "Public Agency" to
independently contract with the vendor and/or comply with any other applicable provisions of Idaho
Code governing public contracts. Typically, other municipalities buy from our agreement.
Accept Public Agency Clause?
Yes
No
P a g e | 15
Attachment A
Sample PROFESSIONAL SERVICES CONTRACT AGREEMENT
RFP 13-111
Project: Miscellaneous Architectural Services
Consultant: (Insert Consultant’s Name)
Owner: Public Works Department, City of Boise, Ada County, Idaho, a municipal corporation
THIS AGREEMENT, made this ___ day of _______, 2___, by and between the City of Boise, a
municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "Owner", and
Consultant, hereinafter referred to “Consultant”, a corporation organized under the laws of the State of
_______.
1. Scope of Services: Consultant shall perform all services, and comply in all respects, as described herein
for the consideration stipulated, and in compliance with State and City Codes. The Consultant agrees to
perform the various professional services delineated in the Task Order(s) for said PROJECT. Each of the
miscellaneous City projects will be negotiated by individual Task Order. An example of the Task Order
format is shown in Attachment "B".
Contract documents consist of the following together with any amendments that may be agreed to in writing by
both parties:
Proposal
Liability Insurance
Contract Agreement
Automobile Insurance
Specifications
Workers’ Compensation
Acknowledgement
Professional Liability Insurance (Errors & Omission)
2. Indemnification and Insurance: Consultant shall indemnify and save and hold harmless City from and for
any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and
expenses caused or incurred by Consultant, it’s servants, agents employees, guests, and business invitees, and
not caused by or arising out of the tortious conduct of City or its employees. In addition, Consultant shall
maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the City shall be named an additional insured in the minimum amount as specified in the
Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be
deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable
for an amount in excess of the insurance limits, herein provided, Consultant covenants and agrees to indemnify
and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or
liability to persons or property. Consultant shall provide City with a Certificate of Insurance, or other proof of
insurance evidencing Consultant's compliance with the requirements of this paragraph and file such proof of
insurance with the City. In the event the insurance minimums are changed, Consultant shall immediately
submit proof of compliance with the changed limits.
Consultant shall maintain automobile insurance with a limit of no less than $500,000 per occurrence for
owned, non-owned and hired vehicles. If Consultant has no owned motor vehicles, then hired and non-owned
motor vehicle liability coverage with limits not less than $500,000 per accident for bodily injury and property
P a g e | 16
damage is required. Where applicable, the City of Boise shall be named as an additional insured.
Additionally, the Consultant shall have and maintain during the life of this contract, statutory Workers
Compensation, regardless of the number of employees, or lack thereof, to be engaged in work on the project
under this agreement (including himself) in the statutory limits as required by law. In case any such work is
sublet, the Consultant shall require the sub Consultant to provide Workers Compensation Insurance for himself
and any/all the latter's employees. It is mutually agreed and understood by the parties that the Consultant and
the Consultant’s employees, agents, servants, guests and business invitees, and are acting as independent
Consultants and are in no way employees of the City.
3. Errors and Omission: Consultant will maintain Professional Liability Insurance with a minimum limit as
specified in the Idaho Tort Claims Act as set forth in Title 6, Chapter 9 of Idaho Code ($500,000).
Proof of all insurance shall be submitted to City of Boise, Purchasing Office, P.O. Box 500, Boise, ID.
83701.
4. Independent Consultant: In all matters pertaining to this agreement, Consultant shall be acting as an
independent Consultant, and neither Consultant, nor any officer, employee or agent of Consultant will be
deemed an employee of City. The selection and designation of the personnel of the City in the performance of
this agreement shall be made by the City.
5. Compensation: This section will be negotiated with the CONSULTANT. The hourly rates and
reimbursable agreed to by the CONSULTANT and the City will be included as part of this section. A "not
to exceed" reimbursable amount may also be established under each Task Order.
After one year and within 30 days Consultant may request an equitable adjustment of fees to reflect
inflation and may include change in key personnel listed.
HOURLY RATES/ REIMBURSABLE COSTS
The billable hourly rates includes direct labor, general and administrative overhead, profit margin, ordinary
and CAD computer time, ordinary software costs, office supplies, routine reproduction costs, local
The hourly rates do not include project related reimbursable costs such as costs associated with: extensive
reproductions costs such as reproduction of final bidding documents (plans and specifications), studies, etc.;
be billed to the CITY at the CONSULTANT’S cost. Sub consultants costs shall not exceed 5% markup.
The following data and/or services are to be provided by the OWNER without cost to the CONSULTANT:
A) Provide ongoing review of the CONSULTANT work and timely consideration of policy
issues at a time acceptable to both the OWNER and CONSULTANT.
B) Provide access to relevant record drawings, master plans, and other relevant design
information of record.
C) Provide electronic copies of standard contract documents and standard specification special
provisions in Microsoft Word format.
D) Unless otherwise specified in a specific task order, provide construction contract
administration and daily construction inspection.
6. Method of Payment: Consultant will invoice the Public Works Department, directly for all current
amounts earned under this Agreement. Owner will pay all invoices within forty five days after receipt.
7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in
this agreement, shall be in writing and be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
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City of Boise
Public Works Department
P.O. Box 500
Boise, Idaho 83701-0500
(Insert Consultant’s Name)
(Insert Consultant’s Address)
(City), (State) (Zip Code)
Either party may change their address for the purpose of this paragraph by giving written notice of such change
to the other in the manner herein provided.
8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement,
the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or forfeiture of this
Agreement.
9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to
perform.
10. Force Majeure: Any delays in or failure of performance by Consultant shall not constitute a breach or
default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond
the reasonable control of Consultant, including but not limited to, acts of God or the public enemy; compliance
with any order or request of any governmental authority; fires, floods, explosion, accidents; riots, strikes or
other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or
kind as those specifically named above, which are not within the reasonable control of Consultant. In the event
that any event of force majeure as herein defined occurs, Consultant shall be entitled to a reasonable extension
of time for performance of its Services under this Agreement.
11. Assignment: It is expressly agreed and understood by the parties hereto, that Consultant shall not have the
right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior
express written consent of City.
12. Discrimination Prohibited: In performing the Services required herein, Consultant shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, gender identity/expression,
national origin or ancestry, age or physical disability.
13. Reports and Information: At such times and in such forms as the City may require, there shall be furnished
to the City such statements, records, reports, data and information as the City may request pertaining to matters
covered by this Agreement.
14. Audits and Inspections. At any time during normal business hours and as often as the City may deem
necessary, there shall be made available to the City for examination all of Consultant's records with respect to
all matters covered by this Agreement. Consultant shall permit the City to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this
Agreement shall be subject to copyright in the United States or in any other country. The City shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement.
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16. Compliance with Laws: In performing the scope of services required hereunder, Consultant shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local governments.
17. Changes: The City may, from time to time, request changes in the Scope of Services to be performed
hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation,
which are mutually agreed upon by and between the City and Consultant, shall be incorporated in written
amendments to this Agreement.
18. Termination for Cause: If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
its obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements, or
stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving
written notice to Consultant of such termination and specifying the effective date thereof at least fifteen (15)
days before the effective date of such termination. In such event, all finished or unfinished documents, data,
maps, studies, surveys, drawings, models, photographs and reports prepared by Consultant under this
Agreement shall, at the option of the City, become its property, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily complete hereunder.
Notwithstanding the above, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Agreement by Consultant, and the City may withhold any payments to
Consultant for the purposes of set-off until such time as the exact amount of damages due the City from
Consultant is determined. This provision shall survive the termination of this agreement and shall not relieve
Consultant of its liability to the City for damages.
19. Termination for Convenience of City: The City may terminate this Agreement at any time by giving at least
fifteen (15) day notice in writing to the Consultant. If the Agreement is terminated by the City as provided
herein, Consultant will be paid an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total services of Consultant covered by this Agreement, less payments of
compensation previously made. If this Agreement is terminated due to the fault of Consultant, Section 19
hereof relative to termination shall apply.
20. Consultant to Pay or Secure Taxes: The Consultant in consideration of securing the business agrees: 1) To
pay promptly when all taxes due (other than on real property), excises and license fees due the state, its
subdivisions, and municipal and quasi-municipal corporations therein, accrued or accruing in accordance with
conditions of this Agreement, whether or not the same shall be payable at the end of such term; 2) That if said
taxes, excises and license fees are not payable at the end of said term, but liability for the payment thereof
exists, even though the same constitute liens upon the Consultant's property, to secure the same to the
satisfaction of the respective officers charged with the collection thereof; and that; 3) That, in the event of
default in the payment or securing of such taxes, excises, and license fees, that Boise City may withhold from
any payment due the Consultant hereunder the estimated amount of such accrued taxes, excises and license
fees for the benefit of all taxing units to which said Consultant is liable.
21. Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not
affect the validity or enforceability of any other part of this Agreement so long as the remainder of the
Agreement is reasonably capable of completion.
22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all
other agreements or understandings, oral of written, whether previous to the execution hereof or
contemporaneous herewith.
23. Non-Appropriation: Should funding become not available, due to lack of appropriation, the City may
terminate this agreement upon 30 (thirty) day notice.
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24. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the
laws of the State of Idaho, and the ordinances of the City of Boise.
25. Renewal: This agreement shall be valid for Two (2) years from the date of approval by the City. After
the first full year of services Consultant may request an equitable adjustment of fees. This agreement is
renewable upon mutual agreement by both parties. Two (2) annual renewals shall be allowed. The terms
of the renewal may include an equitable adjustment of fees to reflect inflation and may include change in
key personnel listed.
26. Approval Required: This Agreement shall not become effective or binding until approved by the City of
Boise.
END OF AGREEMENT
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IN WITNESS WHEREOF, the City and the Consultant/Consultant have executed this Agreement as of the
date first above written.
City OF BOISE
(Insert Company Name)
(Insert Company Address)
APPROVED BY:
(City), (State) (Zip Code)
David H. Bieter, Mayor
Date
ATTEST:
Signature
Print Name
Debbie Broughton, City Clerk
Ex-Officio
Date
Purchasing Agent
Date
CONTRACT AMOUNT:
To be negotiated per Task Order
APPROVED AS TO FORM AND CONTENT
Department
Date
Legal Department
Date
Risk Management
Date
P a g e | 21
Date
ACKNOWLEDGEMENT
State of ________)
) ss
County of _______)
On this______day of _____________20____, before me personally appeared ______________
known to me and known by me to be the person who executed the above instrument, who, being by me
first duly sworn, did depose and say that he/she is _________________________
and that he executed the foregoing instrument on behalf of said firm for the use and purposes stated
therein.
Witness my hand and official seal
____________________________
(notary signature)
(SEAL)
P a g e | 22
Sample
TASK ORDER NO.
FOR
RFP Name, RFP Number
(project name) - CITY OF BOISE
City Project No.
Consultant Project No.
THIS TASK ORDER, entered into this Day of Month, Year, between The City of Boise, Boise, Idaho, hereinafter referred to as the
OWNER and Company Name, hereinafter referred to as the CONSULTANT, is subject to the provisions of the RFP Name, RFP
Number, dated Month Day, Year, hereinafter referred to as the AGREEMENT.
WITNESSETH:
WHEREAS, the OWNER intends to
, hereinafter referred to as the PROJECT; NOW, THEREFORE, the OWNER and
in consideration of their mutual covenants herein agree in respect as set forth below.
CLIENT INFORMATION AND RESPONSIBILITIES:
The OWNER will provide to CONSULTANT the data and/or services specified in the AGREEMENT.
In addition, the OWNER will furnish to CONSULTANT
.
SERVICES TO BE PERFORMED BY CONSULTANT:
Consultant will
.
SCHEDULE OF SERVICES TO BE PERFORMED:
CONSULTANT will perform said services within
calendar days of the date of this TASK ORDER.
BASIS OF FEE AND BILLING SCHEDULE:
The OWNER will pay CONSULTANT for its services and reimbursable expenses as follows:
.
IN WITNESS WHEREOF, the parties hereto have executed this TASK ORDER AGREEMENT as of the day and year first above
written.
OWNER: City of Boise
P.O. Box 500
Boise, ID 83701
CONSULTANT: Company Name
Company Address
Company Address
Company City, State ZIP
DEPARTMENT PROJECT MANAGER APPROVAL:
By:
Name/Title: Date
By:
Name/Title: Consultant Contact Name, Contact Title Date
PUBLIC WORKS TECHNICAL APPROVAL:
BOISE CITY PURCHASING APPROVAL: (if>$10,000)
By:
Name/Title: Date
By:
Name/Title: Purchasing Agent Date
PUBLIC WORKS PURCHASING REVIEW:
By:
Name/Title: Diane Morrison, CPPB/Purchasing Advisor Date
P a g e | 23

CITY OF BOISE

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