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HomeMy WebLinkAboutRFP - 7394 N COLLEGE IMPROVEMENTS PROJECT - CONIFER TO WILLOXREQUEST FOR PROPOSAL 7394 NORTH COLLEGE IMPROVEMENTS PROJECT – CONIFER TO WILLOX The City of Fort Collins Engineering Department is requesting proposals from a consulting firm or team to provide the City with preliminary and final engineering design, and design support during construction for the North College Improvements Project – Conifer to Willox. The successful firm/team will address all of the tasks, issues, and deliverables identified in their proposal, possess the expertise and experience necessary to complete the project on time and within the established budget, and be motivated to work with City staff, the Colorado Department of Transportation, and other affected interests to accomplish the goals and objectives associated with this project. Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittal shall be e-mailed to: purchasing@fcgov.com. Written proposals, eight (8) copies will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), June 6, 2012. Proposal No. 7394 North College Improvements Project – Conifer to Willox. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A pre-proposal meeting will be held May 24, 2012 at 1:00 P.M. at 215 North Mason, Community Room, Fort Collins, CO. A Disadvantaged Business Enterprise (DBE) goal of 12% has been established for the design phase of the project. All work associated with the project must be in accordance with all Colorado Department of Transportation (CDOT) specifications and Larimer County Urban Area Street Standards (LCUASS). Questions concerning the scope of the project should be directed to Project Manager, Kyle Lambrecht, P.E. at (970) 221-6566 or klambrecht@fcgov.com Questions regarding proposal submittals or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management REQUEST FOR PROPOSAL 7394 NORTH COLLEGE IMPROVEMENTS PROJECT – CONIFER TO WILLOX The City of Fort Collins Engineering Department is requesting proposals from a consulting firm or team to provide the City with the preliminary and final engineering design, and design support during construction for the North College Improvements Project – Conifer to Willox. The successful firm/team will address all of the tasks, issues, and deliverables identified in their proposal, possess the expertise and experience necessary to complete the project on time and within the established budget, and be motivated to work with City staff, the Colorado Department of Transportation, and other affected interests to accomplish the goals and objectives associated with this project. This project will impact a State of Colorado facility and contains federal funding. All work associated with the project must be in accordance with all Colorado Department of Transportation (CDOT) specifications and Larimer County Urban Area Street Standards (LCUASS). A Disadvantaged Business Enterprise (DBE) goal of 12% has been established for the design phase of the project. Tasks to complete the project include, but are not limited to, those outlined in the attached preliminary Scope of Work. Please limit the total length of your proposal to a maximum of 25 pages total (excluding covers and dividers). I. Introduction The City of Fort Collins is seeking professional consulting services to design the North College Improvements Project – Conifer to Willox. North College Avenue (State Highway 287) from Conifer Street to Willox Lane serves as part of a regional multimodal corridor in northern Fort Collins. North College is typical of older state highway corridors; developed over many years in a fragmented approach aimed at accommodating development, minor roadway improvements, and increased traffic flows. North College within this section is a four-lane highway with a striped center left turn lane, partially paved shoulders, sporadic curb & gutter, occasional drainage swales, discontinuous sidewalks, no on-street bike lanes, and minimal defined accesses. The posted speed limit for North College is 40 mph. In addition to high automobile and truck traffic volumes, many pedestrians and cyclists use North College to access residential, employment, and commercial destinations. North College Avenue is important to the City of Fort Collins, along with the North Front Range region, for many reasons, including the following:  North College is the City’s primary northern entryway  Serves as a commercial corridor with services for local and regional residents  Utilized by commuters and freight truck traffic to access the North Front Range region  Various restaurants, lodging, and other services available for travelers  Section of a Colorado Scenic Byways route enabling access to recreational areas of northern Colorado and Wyoming The City of Fort Collins has recently completed improvements to North College directly north of the proposed project limits, as well as south of the proposed project. Constructed improvements have brought these sections of North College up to the City’s current street standards. This project is planned to start construction in the spring of 2015. The section of North College from Conifer Street to Willox Lane is the only remaining section of North College to be constructed to complete the City’s vision for the corridor. The City has secured both Transportation Enhancement and STP-Metro funds to design the improvements as well as begin acquiring right of way (ROW) for the project. Currently, available funds include:  Transportation Enhancement Funds (Federal): $476,000  STP-Metro Funds (Federal): $950,000  Local Match: $316,481  Local Overmatch $10,000__  Total: $1,752,481 The anticipated overall project budget falls between $10.0 to $12.0 million. Goals for the North College/US 287 Improvements Project – Conifer to Willox:  Create a safe and effective travel corridor for all users including bicycles, pedestrians, transit users, passenger vehicles, and heavy vehicles  Define access points as highlighted in the US 287/SH14 Access Management Report  Maintain compatibility with utilities, including stormwater, water, sewer, power, and communications  Support the economic viability of the project area  Upgrade the image of the North College Corridor while minimizing impacts to existing infrastructure  Maintain compatibility with the intent of previous local planning efforts  Coordinate with the Colorado Department of Transportation (CDOT) Being a State facility, throughout the development of the North College Improvements Project – Conifer to Willox, City, CDOT staff, and the consultant must work together in partnership and coordinate and conduct joint reviews at critical milestones throughout the project. In addition, the project team will offer an extensive public outreach and engagement process with the many project area stakeholders to ensure the pedestrian, bicycle, and streetscape improvements meet the immediate needs of the area as well as serve the long-range vision. II. Consultant Selection Process & Project Schedule On time delivery is imperative for this project. Proposing teams must explain their approach and innovative delivery strategy to ensuring an efficient schedule. 1. Consultant Selection Process  Pre-proposal meeting– May 24, 2012  Selection of up to 3 qualified consulting firms/teams – Week of June 11, 2012  Conduct Interviews – Week of June 18, 2012 2. Project Schedule It is the City’s goal to begin construction of the project by 2015. Below is a tentative schedule meeting this goal. We are interested in your proven ability to meet or beat this schedule.  Preliminary Engineering: 3rd Quarter 2012 through 4th Quarter 2012  Final Engineering: 1st Quarter 2013 through 3rd Quarter 2014  Right-of-Way Acquisition: 2nd Quarter 2013 through 3rd Quarter 2014  Construction: 1st Quarter 2015 The construction of the project will be addressed through a future bid process and is not included in this RFP. It is the intent of the City to hire a single Design Team capable of the Planning, Urban Design, Public and Stakeholder Involvement, Detailed Engineering Design, and Design Support during Construction for the Project. Consultants should make sure to address their capability, experience and expertise in all of these areas. The project will be segmented into two Phases: Phase I – Preliminary Engineering Design Phase, including Urban Design, Public Input, Stakeholder Involvement, Project Implementation and Phase II – Final Engineering Design, including support to develop ROW plans, and support during right of way acquisition. The City will maintain the ability to extend the contract for the Consultant to provide design support during construction. Proposer’s submittal should include a project schedule that reflects these phases and that identifies critical milestone dates. The City anticipates writing a single contract for both of the above mentioned phases for the project. Proposers should submit a detailed overall project scope outlining all phases of the project. With the project limits known, the goal of this contract is to gather data, develop preliminary and final engineering plans and specifications for the roadway, stormwater system, and other project improvements, determine urban design treatments, develop a project bid tab, develop an overall cost estimate for the project, support the City to develop ROW plans for the project, and support the City during the ROW acquisition phase of the project. With respect to urban design, a unique “identity” for this project will not be developed. Being the final piece of a “corridor” project, the project’s urban design will be similar in nature to the recently completed North College Improvements Project – Vine to Conifer. If so desired, a change order will be developed at the end of the project to include design support during construction. III. Scope of Work The following is an outline of a general scope of work. The consultant firm/team should expand each of the tasks listed below. Additional tasks that the consultant firm/team determines necessary to assure a good product should be added to this list. Phase I: Preliminary Engineering (3rd Quarter 2012 through 4th Quarter 2012) Task 1: Document/Compile Existing Site Conditions The following activities shall be completed within Task 1 of the project. Work items are identified according to City responsibilities and Consultant tasks. City Tasks  Provide aerial maps  Provide traffic data (all traffic counts, accident history, future traffic projections, etc) necessary for the development of a traffic study (excluding intersections of College & Conifer/Hickory and College & Willox)  Property information, including property ownership, property line information and current tenants  Preliminary historical data and archeological resources Consultant Tasks  Topographic survey per the High Accuracy Reference Network (HARN). tied to City of Fort Collins Groundmaster Coordinate System (horizontal), NAVD 1929 (Unadjusted) (Vertical)  Utility locations through potholing  Survey to locate potholed utilities  Produce mapping based on information provided by City of Fort Collins  Follow-up with utility companies to gather and document updated information on utilities within project site  Provide assistance with the identification and assessment of historical properties. Task 2: Preliminary Engineering Phase Phase I of the project involves the development of a preliminary level engineering planset tying into recently completed projects to the north and south of the defined project limits. A preliminary engineering level cost estimate shall also be provided at the end of the phase. This phase of the project should address the following design considerations along North College Avenue between Conifer Street and Willox Lane:  Roadway and stormwater improvements  Safety and access improvements  Thorough utility design, including preliminary stormsewer layout  Pedestrian/bicycle facilities  Geotechnical and Pavement Design Report  Urban Design, including landscaping, irrigation, and streetscape enhancements Improvements must be designed and constructed to be environmentally sensitive. The existing cross section used on the recently designed North College Improvements Project – Vine to Conifer shall serve as the baseline cross-section for the project. Adjustments shall be made as necessary to avoid historically significant structures or other potential conflicts. A unique project identity will not be developed and should not be proposed. Instead, the project will draw from the urban design elements of recently completed projects both to the north and south. All urban design and streetscape enhancements shall coordinate with the urban design elements designed for those projects. The following activities shall be completed within this phase of the project. Work items are identified according to City responsibilities and Consultant tasks. City Activities  Coordination with impacted businesses and residents regarding proposed improvements Consultant Activities  All tasks necessary to deliver Preliminary Engineering Design level Plans, Construction Specifications, Quantity Take-Offs, Bid Tabulations and Cost Estimates. Plans must be produced in accordance with all Colorado Department of Transportation (CDOT) and Larimer County Urban Area Street Standards (LCUASS). Plans, specs, quantity take-offs, bid tabulations, and cost estimates will be submitted to the City both as hard copies and electronically. The City will not be responsible for quality control of the plans.  Development of two (2) urban design plans based on adjacent project theme. One plan will be selected and developed during Phase II. o All urban design elements will need to meet all CDOT requirements for landscaping and other urban design elements on a state facility. o Urban design elements shall include but not be limited to:  Treatment of pedestrian, bicycle and transit facilities  Landscaping and irrigation  Pedestrian lighting  Benches and receptacles  Enhanced corner treatments  Coordination with Art in Public Places  Historic/Cultural interpretation of the project area. Facilities and amenities shall be consistent with the thematic environment of the North College Corridor. With completed projects to the north and south of the project limits, theme must work with existing/planned improvements.  Identify property impacts and extent of needed right-of-way  Development of Preliminary Drainage Report.  Traffic Analysis o Examine interaction of all modes of transportation (vehicular, bicycle, pedestrian, and transit) within the project area, not including the before mentioned intersections o Adequately size turn lanes and access points  Driveway definition/consolidation per the US 287/SH 14 Access Management Report  Thorough Utility Design o Coordinate with City Utilities departments, including but not limited to Water/Wastewater, Stormwater, Light & Power, and Traffic. o Coordinate with all private utilities potentially impacted by the improvements o Determine extent and location of any utility relocations o Develop preliminary level stormwater improvement plans  Consider any relative master drainage plans appropriate for the area  Attend and conduct Field Inspection Review (FIR) submittals and meetings. Meeting minutes to be developed and provided by consultant. Deliverables  Phase I Project Schedule  Meeting Minutes (see Public and Stake Holder Involvement Section for anticipated meetings)  Subgrade Investigation/Pavement Design Report  Traffic Analysis Memo  Preliminary Drainage Report  Two (2) Urban Design Alternatives  Four (4) Half Size Preliminary planset (Black and White, 11x17)  One (1) .pdf file of the planset  One (1) electronic copy of Preliminary Project Specification Book  Project Bid Tab and Opinion of Probable Cost  FIR Meeting Minutes and comment responses  All Cat-Ex memos necessary for ROW Appraisal clearance Final deliverables will depend on agreed upon scope of work. Phase II: Final Engineering Design and ROW Support (1st Quarter 2013 through 3rd Quarter 2014) Task 1: Final Engineering Design The following Consultant tasks are included for the selected construction limits/phase limits identified in Phase I:  Includes all tasks necessary to deliver Final Engineering Plans, Construction Specifications, Quantity Take-Offs, Bid Tabulations, and Cost Estimates. Plans must be produced in accordance with all Colorado Department of Transportation (CDOT) and Larimer County Urban Area Street Standards (LCUASS). Plans, specs, quantity take-offs, bid tabulations, and cost estimates will be submitted to the City both as hard copies and electronically. The City will not be responsible for quality control of the plans.  Assist the City in the development of a complete set of right-of-way (ROW) plans which will be submitted to CDOT for review and approval. Plans will be per the HARN and will be tied to City of Fort Collins Groundmaster Coordinate System (horizontal), NAVD 1929 (Unadjusted) (Vertical). ROW plans will include the following sheets:  Title Sheet (project location map)  Property Owners Tabulation  Project Control Diagram  Land Survey Control Diagram  Tabulation of Boundary Evidence  Monumentation Sheets  R.O.W. Plan Sheets  Ownership Map (prepared in Conceptual Design – updates based on additional information gathered by City Staff will be made) The City will be responsible for the following during the development of the plans:  The development of legals and exhibits for all ROW, permanent, and temporary easements needed  The review of title commitments  The establishment of existing ROW per the title work  The investigation for existing property pins  The development of all existing property lines and easements  Tabulation of monuments for the planned ROW and easements  Monumentation sheets for the ROW planset  Review and quality control for the planset  Stamping and signing the planset  Installation of CDOT (Type II) monuments to meet control requirements identified in the CDOT Survey Manual The Consultant will be responsible for the following:  All drafting necessary for the ROW planset, minus the monumentation sheets (see above for what will be included in the ROW plans)  Development of future ROW and easement lines  The development of site specific mitigation plans for each parcel o For the purpose of this proposal, please plan on mitigation plans for 30 properties, with three iterations per plan.  Attend and conduct Final Office Review (FOR) submittals and meetings. Meeting minutes to be developed and provided by consultant.  Development of Final Drainage Report.  Attend ROW Plan Review meeting. Meeting minutes to be developed and provided by consultant.  Provide design assistance during right of way acquisition.  Obtain environmental clearances in accordance with City and State requirements. This includes but is not limited to preparing necessary resource management plans and obtaining necessary permits. City will maintain the ability to extend contract for Consultant to provide design support during construction. All work shall be based upon the requirements and guidelines found in the following reports:  Larimer County Urban Area Street Standards April 1, 2007 o http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm  City of Fort Collins “Master Street Plan” December 18, 2011 o http://www.fcgov.com/transportationplanning/msp.php  City of Fort Collins “Multimodal Transportation Level of Service Criteria” 1997 o http://www.larimer.org/engineering/GMARdStds/ApdxH_04_01_2007.pdf  City of Fort Collins “Pedestrian Plan” (2011) o http://www.fcgov.com/transportationplanning/pedplan.php  City of Fort Collins “2008 Bicycle Plan, Update to the 1995 Bicycle Program Plan” September 2008 o http://www.fcgov.com/transportationplanning/msp.php  City of Fort Collins “Transit Strategic Plan” 2009 o http://www.fcgov.com/transfort/plan-index.php  City of Fort Collins “North College Corridor Plan” March 14, 2007 o http://www.fcgov.com/advanceplanning/pdf/nccp-doc.pdf  “US 287/SH 14 Access Management Report” April 4, 2000 o http://www.fcgov.com/transportationplanning/sh14.php  ”North College Improvements Project: Phase II, Vine Drive to the Hickory/Conifer Intersection, Conceptual Design Report”,September 1, 2009, Prepared by Stolfus & Associates.  Colorado Department of Transportation “Colorado State Highway Access Code” 1998 with March 2002 Revisions  Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011  Colorado Department of Transportation Standard Plans, M&S Standards July 2006  Colorado Department of Transportation “CDOT Design Guide” 2005 Deliverables:  Phase II Project Schedule  Meeting Minutes (see Public and Stake Holder Involvement Section for anticipated meetings)  All Cat-Ex memos necessary for ROW Appraisal clearance  ROW Planset  Final Drainage Report  Four (4) Half Size Final planset (Black and White, 11x17)  One (1) .pdf file of the Final planset  One (1) electronic copy of Final project specification Book  Bid Tab and Opinion of Probable Cost  FOR Meeting Minutes and comment responses  Four (4) Half Size “For Bidding” planset (Black and White, 11x17), wet stamped  One (1) .pdf file of the “For Bidding” planset  One (1) electronic copy of “For Bidding” project Specification Book, stamped by PE  Three (3) Full Size “For Construction” planset (Black and White, 22x34) stamped by PE  Four (4) Half Size “For Construction” planset (Black and White, 11x17) stamped by PE  One (1) 8.5”x14” “For Construction” planset, wetstamped by PE  One (1) .pdf file of the “For Construction” planset  One (1) electronic copy of “For Construction” project Specification Book, stamped by PE Final deliverables will depend on agreed upon scope of work. Public and Stakeholder Involvement (Phase I and II) The City will develop and implement a public involvement process and conduct stakeholder coordination. The process will include potentially affected interests such as City Council, multiple City departments, City’s Transportation Board, the Colorado Department of Transportation, area property/business owners, North Fort Collins Business Association, bicycle/pedestrian advocacy groups, and local trucking industry representatives. The process will also coordinate with planned and ongoing projects within the North College Corridor. Consultant tasks to support the City’s public and stakeholder involvement process include:  Graphics production/reproduction  Public mailing preparation  Attendance/participation at property owner meetings and project open house events  Preparation of presentation materials  Development of press releases/media materials  Attendance at public meetings For proposal purposes please plan on attending and providing graphical support for the following:  Phase I o Two (2) public open houses o One (1) North Fort Collins Business Association (NFCBA) Meeting o Four (4) Project Coordination Meetings o Four (4) Utility Coordination Meetings o Two (2) City of Fort Collins Council Meeting  Phase II o One (1) public open house o Two (2) NFCBA Meetings o Four (4) Project Coordination Meetings o Two (2) Utility Coordination Meetings o One (1) City of Fort Collins Council Meetings IV. National Environmental Policy Act (NEPA) Special Requirements The Consultant will be responsible for preparing documents in accordance with the National Environmental Policy Act of 1969 (NEPA) and federal, state and local environmental regulations. Most local agency projects will be covered by a Categorical Exclusion (Cat Ex). An environmental scoping meeting was held on November 10, 2011 with CDOT. The following will require clearance actions per the attached CDOT Form #128:  Hazardous Waste (ISA/M-ESA)  History  Stormwater Permit (NPDES)  Dewatering Permit Hazardous Materials An initial site assessment using CDOT form 881 will be conducted by CDOT to determine if any hazardous materials may exist in the project area. If upon this assessment, hazardous materials were found to exist in the area, CDOT will determine whether a Phase I Site Assessment will be required. A Phase I Site Assessment (if necessary) will be conducted in accordance with ASTM E 1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Given the history of the project site, and experience from adjacent projects, please plan on conducting a Phase I Modified Environmental Site Assessment for the project, as well as a Phase II Investigation.. History CDOT’s Region 4 historian will participate in a scoping of the project corridor to make a preliminary determination of potential historic properties (homes, businesses, railroad grades, ditches, etc.) within the project corridor. The Region 4 historian will consult with the city’s preservation specialist about the historic significance of the sites within the corridor. The consultant will be asked to assist CDOT in completing the Section 106 survey work. The consultant should contact both the municipal preservation specialist and the Region 4 historian with any questions regarding field work or research. The consultant will submit Colorado Office of Archaeology and Historic Preservation (OAHP) site forms, topographic and sketch maps, photographs, and any relevant documentation of each site recorded for this project to the Region 4 historian. Depending on the number of potential historic structures within the project corridor, the Region 4 historian may ask the consultant to also prepare a report to accompany the site forms. The report will provide a history of the project corridor’s commercial and social development. The report will conform to the standards set by the OAHP. After the forms and report are completed and submitted to the Region 4 historian for review, the consultant and the Region 4 historian will consult on eligibility determinations for each recorded site. These determinations will be included in the cover letter, forms, and report submitted to the SHPO. For proposal purposes, please plan on surveying, researching, and documenting nineteen (19) identified possible historic properties within the Area of Potential Effect as required for compliance with Section 106 of the National Historic Preservation Act, as amended. The Colorado Department of Transportation (CDOT) is coordinating the cultural resource compliance for this project in consultation with the State Historic Preservation Office. The following are buildings more than 50 years old and located within one lot of North College between Conifer Street and Willox Lane:  1601 N. College (North College Manufacturing Home Community)  1513 N. College (Budget Host)  1505 N. College  1501 N. College  1475 N. College  1415 N. College  1405 N. College (Montclair Motel)  1319 N. College  1311 N. College  1305 N. College  1303 N. College  1235 N. College  1219 N. College  1220 N. College (El Palomino Motel)  1304 N. College  1314 N. College  1320 N. College  1324 N. College  1422 N. College Storm water Discharge Permit Associated with Construction Activity (CDPS) During construction if one acre or more of earth disturbance is anticipated a CDPS permit is required. A Storm Water Management Plan (SWMP) is one of the requirements for the CDPS permit. All SWMP’s must be approved by R4 region environmental. CDOT must approve any seeding mix used for revegetation within CDOT right-of-way. Lead Based Paint A lead based paint survey and management plan will be completed if directed by R4 Environmental staff. Lead based paint surveys and management plans will only be completed if lead based paint is found on items to be removed as part of the improvements. Required documents will be in CDOT’s format and presented to CDOT for review and submittal to FHWA for the following clearances as applicable: V. Contact Information Engineering Department Project Contacts: Kyle Lambrecht Civil Engineer, Capital Projects Group City of Fort Collins’ Engineering Department P.O. Box 580 : 281 N. Mason Fort Collins, Colorado 80522-0580 Phone (970) 221-6566 Fax (970) 221-6378 E-mail: klambrecht@fcgov.com Dean Klingner Interim Capital Projects Manager Capital Projects Group City of Fort Collins’ Engineering Department P.O. Box 580 : 281 N. Mason Fort Collins, Colorado 80522-0580 Phone (970) 221-6511 Fax (970) 221-6378 E-mail: dklingner@fcgov.com VI. Attachments ATTACHMENT 1 North College Improvement Project – Conifer to Willox Area Map VII. Evaluation Criteria PROPOSAL REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 3.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 1.0 UDBE Is the primary firm a UDBE or has the primary firm submitted UDBE participation that meets or exceeds UDBE goal for the project? REFERENCE EVALUATION (TOP RATED FIRM) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? VIII. DBE Definitions & Requirements DBE Definitions & Requirements Disadvantaged Business Enterprise Regulations ATTENTION CONSULTANTS - Notice On June 21, 2001, in order to more narrowly tailor CDOT's DBE program to conform with the results of CDOT's 2001 Disparity Study update, the Colorado Transportation Commission adopted Resolution No. 966, which established a new definition of Underutilized DBE (UDBE) for construction contracts and for consultant contracts and set a 10.93% overall annual DBE goal for the remainder of FFY 2001 and for FFY 2002. The Disparity Study Update found that ALL DBES were underutilized on CDOT construction contracts and on CDOT consultant contracts, i.e., it determined that ALL DBES WILL BE CONSIDERED TO BE UDBES. Since all CDOT DBEs are considered to be UDBEs, CDOT's DBE list will also be the UDBE list. Please contact Business Programs with questions about this change. Telephone: 303-757-9162 or 800-925-3427 or e-mail Karen.Gonzales@dot.state.co.us. DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 1. Definitions and Procedures - For this project, the following terms are defined: A. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: 1. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and 2. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 3. "Socially and Economically Disadvantaged individuals" means those individuals who are citizens or lawfully admitted permanent residents of the United States and who are: (a) Minorities or individuals found by the Small Business Administration pursuant to Section 8(a) of the Small Business Act to be disadvantaged. (b) Individuals found by CDOT's Office of Certification to be socially and economically disadvantaged. B. DBE Joint Venture. An association of two or more businesses formed to carry out a single business enterprise for profit for which purposes they combine their property, capital, efforts, skills and knowledge. DBE joint ventures must be certified as a joint venture. The DBE percentage of the joint venture will be determined at the time of certification. C. Underutilized DBE (UDBE). A firm which meets the definition of Underutilized Disadvantaged Business Enterprise (UDBE) based on the findings and recommendations of CDOT's Disparity Study and is eligible to meet the contract goal as defined in the paragraph titled "Contract Goal." D. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the selected consultant, based on the type of work included in each project and the availability of UDBEs capable of performing such work. The Contract goal will be the percentage stated in the invitation for consultant services and in the project documents. E. Certification as a DBE by the Department 1. Any small business may apply to the Colorado Department of Transportation (CDOT) for status as a DBE. Application shall be made on forms provided by CDOT for certification of DBEs. However, only work contracted or subcontracted to DBEs that also qualify as UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the DBE applicant's responsibility to submit applications so that CDOT has sufficient time to render decisions. CDOT will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 3. The Department will make available a list of DBE contractors, consultants, vendors and suppliers for the purpose of providing a reference source to assist any consultant in identifying DBEs and UDBEs. Consultants will be solely responsible for verifying the Certification of UDBEs they intend to use prior to submitting a Statement of Interest (SOI.) The DBE list is available at: http://www.dot.state.co.us/app_ucp/ 2. Selection of UDBEs by Consultant: A. Consultants shall exercise their own judgments in selecting any subconsultant to perform any portion of the work. 3. Requirements A. The use of UDBEs is an evaluation factor for consultant selection under Section 24- 30-1403 (2) CRS. All Consultants shall submit with their proposals a list of the names of their UDBE subconsultants to meet the contract goal. B. If the Consultant proposes to voluntarily use any non-UDBEs on the project, the Consultant shall also submit the names of those DBEs. However, the non-UDBEs will not be used to meet the UDBE goal for the project. C. Evaluation points will be awarded for UDBE participation during the Statement of Interest (SOI) scoring. A maximum of 5 evaluation points will be awarded for UDBE participation during the SOI scoring. If the consultant doesn't submit sufficient UDBE participation to meet the project goal, they may be awarded from 0 to 4 points, based on the amount of UDBE participation they submit. The consultant must submit all UDBE participation commitments on either CDOT Form #1330 (for NPS Contracts) or CDOT Form #1331 (for PS Contracts) with their SOI in order to receive the corresponding evaluation points. D. The selected consultant must use the UDBE firms named (if any) on CDOT Form #1330 or #1331 in the Statement of Interest for the items of work described. The replacement of a named UDBE firm will be allowed only as provided for in (6) of the DBE Definitions and Requirements. Failure to comply may constitute grounds for default and termination of the Contract. E. Consultant's UDBE Obligation. 1. The Consultant submitting a Statement of Interest and a Work Plan on consultant projects advertised by the Department agrees to ensure that UDBEs, as defined in this special provision, have equal opportunity to participate in the performance of contracts or subcontracts. The prime Consultant shall not discriminate on the basis of race, color, national origin, or sex in the selection and bidding process or the performance of contracts. 2. To ensure that UDBEs are offered equal opportunity to participate in the performance of contracts, it is the responsibility of the prime Consultant to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project, as described in F(4) below. F. Counting UDBE Participation Toward Goals 1. Once a firm has been certified as a DBE that qualifies as a UDBE, the total dollar amount of the contract awarded to the firm shall be counted toward the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal." 2. The actual dollar total of a proposed subcontract, supply or service contract with any UDBE firm shall be reported to the Department in the Consultant's Cost Proposal. 3. The eligibility of a proposed UDBE subconsultant will be finally established based on the firm's status at the time the contract is signed. If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the UDBE performing any work, then 100% of the work performed by the firm under that contract may be claimed as eligible work. No work performed by a UDBE firm can be counted toward UDBE participation prior to the firm receiving certification as a DBE. 4. The Consultant may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A UDBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a UDBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the UDBE, industry practices, and other relevant factors. 5. A UDBE may enter into subcontracts consistent with normal industry practices. If a UDBE subcontracts over 51% of the work of the Contract the UDBE shall be presumed not to be performing a commercially useful function. The UDBE may present evidence to rebut this presumption to the Department. 6. The Consultant may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers specifically for use on the project, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. a. The Consultant may count 100 percent of its expenditures to an UDBE manufacturer if the purchased items are to be used on the project. A UDBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Consultant. b. The Consultant may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the UDBE supplier performs a commercially useful function in the supply process. A supplier is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. c. The Consultant may count toward its UDBE goal the following expenditures to UDBE firms that are not manufacturers or suppliers: 1. The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 2. The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3. The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 4. Determination of goal achievement To determine the goals achieved under this Contract, the UDBE participation shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Consultant shall maintain records of payment that show amounts paid to all UDBEs and DBEs. The Consultant shall submit a CDOT Form #1313 with each billing/invoice to the Department listing all subconsultants (including UDBEs and other DBEs) that participated in this Contract and the dollar amount paid to each. The Consultant shall certify the amount paid, which may be audited by the Department. When the participation by UDBEs is less than the Consultant committed to the Department, the Consultant shall submit a statement to CDOT along with the CDOT Form #1313 that indicates the amount of participation and gives reasons why it was different from the Consultant's SOI commitment. 5. Replacement of UDBEs used to meet the contract goal A. Based upon a showing of good cause the Consultant may request that a UDBE named in the Consultant's Statement of Interest be replaced with another UDBE pursuant to the terms and conditions of this special provision. Replacements will be allowed only with prior written approval of the Department. B. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Consultant shall furnish to the Department the following: 1. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Consultant. 2. A full written disclosure of the circumstances making it impossible for the Consultant to comply with the condition of award. 3. Documentation of the Consultant's assistance to the UDBE named in the Consultant's Statement of Interest. 4. Copies of any pertinent correspondence and documented verbal communications between the Consultant and the named UDBE. 5. Documentation of the Good Faith Efforts in finding a replacement UDBE and the results of the efforts. It is within the control of the Consultant to locate, prior to award, UDBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in-kind replacement. C. In the event a UDBE begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Consultant shall furnish to the Department the following: 1. Documentation that the subject UDBE did not perform in a satisfactory manner. 2. Documentation of the Consultant's assistance to the UDBE prior to finding the UDBE in default. 3. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Consultant. 4. Copy of the contract between the Consultant and the UDBE, plus any modifications thereto. 6. Sanctions A. It is the obligation of the Consultant to provide UDBE firms with equal opportunity to participate in the performance of the work. B. It is the responsibility of UDBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. C. UDBE firms which fail to perform a commercially useful function as described in subsection 4(E) of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. D. A finding by the Department that the Consultant has failed to comply with the terms and conditions of these DBE definitions and requirements may constitute sufficient grounds for default and termination of the Contract. IX. Certificate of Proposed DBE Participation for Project Specific Consultant Contracts X. Local Agency Procedures for Consultant THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1 states “The policies and procedures involve federally funded contracts for engineering and design related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost” and according to 23 CFR 172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore, local agencies must comply with these CFR requirements when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of 10% for Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants shall be done in accordance with CRS §24- 30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the Work, c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the Work to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of Work, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three years after the case has been settled. CRS §§24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the preceeding eight (8) steps. XI. Sample Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins, Purchasing 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. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $ . 5. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1) page, and Exhibit D – Federal Contract Requirements, consisting of nine (9) pages, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary EXHIBIT C 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.