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HomeMy WebLinkAboutRFP - 7352 MIDTOWN URBAN DESIGN PLANADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7352: Midtown Urban Design Plan OPENING DATE: 3:00 PM (Our Clock) March 23, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: 1. The deadline for questions is Thursday, March 15, 2012. 2. Proposals may be submitted electronically to purchasing@fcgov.com. Emails must be smaller than 25MB or they will be rejected by our server. 3. The base line map of the study area, which includes building footprints and street layouts including curb cuts and utilities, will be made available to the successful firm. 4. A copy of the Prebid Attendance Sheets is attached. Please contact James B. O'Neill, FNIGP, CPPO, Buyer at (970) 221-6779 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7352 Midtown Urban Design Plan Page 1 of 20 REQUEST FOR PROPOSAL 7352 MIDTOWN URBAN DESIGN PLAN The City of Fort Collins is requesting proposals from qualified firms to assist in the preparation of the Midtown Urban Design Plan (Plan) for the areas adjacent to the future Mason Corridor Bus Rapid Transit (BRT) service. The Plan area should follow the adopted Midtown Urban Renewal Plan Area, which includes the commercial corridor along College Avenue from Prospect Road to just south of Harmony Road. Written proposals can be submitted in either hard copy format (five (5) copies) or electronic format (as a PDF on a CD, DVD or jump drive). Proposals 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), March 23, 2012 and referenced as Proposal No. 7352. If delivered, they are to be sent to 215 North Mason Street, 2 nd 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 at 1:00 PM on March 9, 2012 in City Council Chambers located at 300 Laporte Avenue, Fort Collins. Questions concerning the scope of the project should be directed to Project Manager, Megan Bolin, City Planner at (970) 221-6342 or mbolin@fcgov.com. Questions regarding bid submittal or process should be directed to James B. O'Neill II, CPPO, FNIGP, Director of Purchasing & Risk Management, at (970) 221-6779 or joneill@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 RFP 7352 Midtown Urban Design Plan Page 2 of 20 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 RFP 7352 Midtown Urban Design Plan Page 3 of 20 Request for Proposals City of Fort Collins 7352 Midtown Urban Design Plan INTRODUCTION The City of Fort Collins is seeking a qualified firm to assist in the preparation of the Midtown Urban Design Plan (Plan) for the areas adjacent to the future Mason Corridor Bus Rapid Transit (BRT) service. The Plan area should follow the adopted Midtown Urban Renewal Plan Area, which includes the commercial corridor along College Avenue from Prospect Road to just south of Harmony Road. A firm will be chosen to build upon previous plans and policies and provide detailed graphics, design guidelines, and any associated land use recommendations to improve and unify urban design for the corridor. The firm will be chosen for this project based on the firm’s qualifications, experience, availability, and demonstrated history of successfully completed projects that are similar in scope, outcome and recommendations to the requirements of the City of Fort Collins. BACKGROUND/OVERVIEW The Mason Corridor is a five mile north-south byway within the City of Fort Collins, extending from Cherry Street on the north to just south of Harmony Road. The corridor is centered along the Burlington Northern Santa Fe Railway property, located a few hundred feet west of College Avenue (US 287). The vision for the corridor includes the extension of the Mason Trail and the realization of a Bus Rapid Transit (BRT) service, called MAX, from Downtown Fort Collins to the South Transit Center, just south of Harmony Road. The Mason Trail and BRT service will run parallel to the BNSF railroad the extent of the corridor; the Mason Trail is limited to pedestrian, cyclists and equestrian riders south of University Avenue. The MAX BRT is on a fixed guideway for most of the corridor and in mixed traffic north of University Avenue and along the existing Mason Street and McClelland Drive between Drake and Horsetooth Roads. The BRT service will offer travel times that are nearly twice as fast as auto travel along College Avenue, as well as provide high frequency service every 10 minutes. Stations will incorporate new high-quality amenities that are similar to light rail, including low floor boarding platforms, sleek new buses, next bus arrival information, and pre-pay fare machines. BRT construction has already begun and will continue through 2014 when service is scheduled to begin. Each of the transit centers, stations, and stops along the corridor has been designed to fit spatially and architecturally within their existing environment. The City engaged community stakeholders in a collaborative station design process to gain an understanding of history and context along the corridor. In addition to the BRT, the City has been focusing on the economic condition of the commercial corridor along College Avenue known as Midtown. Midtown extends from Prospect Road on the north to just south of Harmony Road, and borders the Mason RFP 7352 Midtown Urban Design Plan Page 4 of 20 Corridor to the west and continues approximately one block to the east of College Avenue. The City studied the redevelopment potential for Midtown in 2010, including a market analysis and identification of major issues, such as access and 650,000 square feet of vacant retail space. A focal point of the study was Foothills Mall with different scenarios for the ultimate redevelopment of the aging structure. One of the implementation items that resulted from the 2010 study was to examine Midtown for conditions of blight to determine whether the area as a whole would be eligible under Colorado law for an urban renewal area. The Midtown Existing Conditions Survey commenced in early 2011 and found sufficient conditions exist; an Urban Renewal Plan was consequently created and adopted by City Council in September 2011. The first tax increment financing (TIF) district was established for the area known as Prospect South, which begins at Prospect Road and continues along College Avenue until just north of the Whole Foods shopping center. Prospect South has already begun to revitalize with a new student housing project currently under construction and a variety of other, small-scale improvements occurring as a result in that area. The City has also adjusted its land use tools over time to encourage development along the corridor. The City’s Comprehensive Plan, City Plan, has identified the corridor as a targeted infill and redevelopment area and has specific policies to direct and encourage development to the area. A Transit-Oriented Overlay District (TOD) was created to promote more dense, pedestrian-friendly development. Additionally, a new land use tool is currently being considered to provide an alternative, flexible development review process specifically for infill/redevelopment. Called the Planned Development Overlay District (PDOD), developers will benefit from land use and design flexibility in return for meeting performance-based sustainability objectives. In recognition of these various investments made along the corridor and in anticipation of the infill development and redevelopment that will occur as a result, the City is embarking on the Mason Corridor Urban Design Plan to ensure quality place-making occurs. Objectives of the Plan include the following:  Engage the public and business owners along the corridor, specifically the South Fort Collins Business Association (SFCBA), through open houses and additional meetings.  Define potential districts along the corridor and establish unique potential identities for each. Provide associated design guidelines to ensure proper implementation.  Address access and circulation to major destinations for all modes of travel including pedestrians, bicycles, and vehicles.  Coordinate with the Colorado Department of Transportation (CDOT) to be consistent with the Access Control Plan.  Identify potential catalyst project(s). RFP 7352 Midtown Urban Design Plan Page 5 of 20  Provide visual representations of future corridor development with corresponding design/building form recommendations.  Coordinate with the City’s Advance Planning, Transportation Planning and other relevant departments to be consistent with established land use and transportation plans.  Study automobile parking issues and develop a strategic plan for the implementation of parking facilities in concert with transit stops along the corridor. The parking study should focus on both the potential locations of structure(s) and public/private finance strategies for implementing structured parking. The City of Fort Collins Office of Sustainability will manage the project with strong support from other key staff representing Advance Planning, Transportation Planning, Parking Services, Community Development and Neighborhood Services, Transit, and Economic Health. PROJECT SCHEDULE 3/9 Pre-proposal meeting 3/23 Proposals due to City 4/5 Selected firms notified 4/12 Interview of top firms 4/20 Contract/notice to proceed 5/15 Existing conditions analysis complete 6/15 Preliminary design alternatives complete 8/14 City Council work session 8/31 Final report complete Firms should plan for at least two public open houses and two additional open houses strictly for business owners. Monthly meetings with the South Fort Collins Business Association are encouraged. LINKS TO PERTINENT INFORMATION ON STUDY The following documents/links are suggested as resource material for consultant firms to become familiar with the City’s previous efforts associated with the Mason Corridor.  Mason Corridor Economic Analysis Report, http://www.fcgov.com/mason/pdf/mason-report.pdf  2011 City Plan, http://www.fcgov.com/planfortcollins/pdf/cityplan.pdf  2011 Transportation Master Plan, http://www.fcgov.com/planfortcollins/pdf/tmp.pdf; Appendix, http://www.fcgov.com/planfortcollins/pdf/tmp-apdx.pdf RFP 7352 Midtown Urban Design Plan Page 6 of 20  US 287 Access Control Plan, http://www.fcgov.com/transportationplanning/sh14.php  Midtown Redevelopment Study, http://www.fcgov.com/business/pdf/midtown- draft-09032010.pdf  Midtown Existing Conditions Survey, http://renewfortcollins.com/img/site_specific/uploads/Midtown_Existing_Condition s_Survey_FINAL.pdf  Mason Corridor Implementation Guide, http://www.fcgov.com/transportationplanning/pdf/implementation.pdf  Mason Corridor project website: http://www.fcgov.com/mason/ SCOPE OF WORK Phase I – Existing Conditions Analysis  Review existing pertinent information listed above.  Field review of existing urban design features and parking issues.  Meet with stakeholder groups to develop a purpose and vision, and obtain information on significant issues to be addressed. Phase II – Alternative Design Scenarios  Develop potential district identity including conceptual plans and perspectives for such districts.  Develop preliminary schematic plans and two-four character sketches of potential alternatives. Urban design elements should include: – Streetscape enhancements. – Landscape improvements. – Sidewalk enhancements. – East/west pedestrian connections. – Safety features. – Opportunities for public art.  Meet with stakeholder groups for feedback on alternatives.  Identify locations of potential parking structures.  Order of magnitude cost estimating for proposed physical improvements within the plan area. Phase III – Recommendations  Prepare summary report of recommendations. RFP 7352 Midtown Urban Design Plan Page 7 of 20 SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm based upon approach, methods, qualifications and experience, availability, and general cost estimate. Once a firm is selected, a detailed scope of services will be developed. Of prime importance is the firm’s flexibility in responding to services as requested by City staff during the planning process. The final scope of services will identify a project schedule, tasks, deliverables, and expected expenditures by task. The scope will also indicate respective responsibilities of the consulting firm and City staff. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach and tasks. Describe the anticipated interaction with the City and the public. Provide an outline of your anticipated schedule for completing consultant tasks and anticipated tasks to be completed by City staff. 2. Deliverables - Provide a list and description of expected deliverables, tools, or other items that you will use to provide services and outcomes of your approach. Describe tasks to be completed by the consultant and/or subconsultants and those to be completed by City staff. 3. Qualifications and Experience - Provide relevant information regarding previous experience related to developing urban design plans and parking studies:  Preference will be given to firms with demonstrated experience in urban design, landscape architecture, illustration, and parking studies. Please provide: – Names and location of similar projects. – Name, address, and phone number of public agency reference(s) overseeing the planning effort. – Samples (preferably three via a web link or “pdf” files) of work products for similar studies. 4. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 5. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. RFP 7352 Midtown Urban Design Plan Page 8 of 20 6. Availability – Describe the availability of project personnel and subconsultants to participate in this project in the context of the consultant firm’s other commitments. 7. Estimated Hours by Task - Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc. 8. Schedule of Rates and Cost by Task - Provide a schedule of rates and an anticipated cost of each task identified in the scope or for tasks that are recommended as part of this planning effort. 9. Budget - Provide a proposed budget for the project that shows effort by task and personnel, which include rates. The budget should clearly show time required for meetings, travel (if applicable) and project management. It is expected that this project will be a collaborative effort with City. City staff will be working closely with the successful respondent on all aspects of the study and in some cases leading elements of the study. Within your response please include how you would work with City staff to conduct the study in an effort to save costs wherever possible. A maximum number of 25 double sided pages are allowed for this proposal; a brief, bulleted scope outline is preferred. The proposal can be submitted in electronic format as a PDF on a CD or DVD. Electronic and hard copy materials will be prepared using City-approved software platforms such as Microsoft Office and ArcView. The consultant will be expected to coordinate closely with City of Fort Collins GIS and other technical staff. The City will receive both hard copy and electronic versions of all plan-related materials. All materials, documents, notes, analyses and related information prepared by the consultant while under contract must be delivered to the City at the end for the project, and will become the property of the City, and may not be released or publicized without permission from the City of Fort Collins. RFP 7352 Midtown Urban Design Plan Page 9 of 20 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? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7352 Midtown Urban Design Plan Page 10 of 20 REFERENCE EVALUATION (TOP RATED FIRM) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7352 Midtown Urban Design Plan Page 11 of 20 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 ( ) page , 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 ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. 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, RFP 7352 Midtown Urban Design Plan Page 12 of 20 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. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable 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 $ Optional: according to the Insurance Requirements attached hereto as Exhibit “ “, consisting of one (1) page. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of RFP 7352 Midtown Urban Design Plan Page 13 of 20 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. 7. City Representative. The City will designate, prior to commencement of work, its RFP 7352 Midtown Urban Design Plan Page 14 of 20 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. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. 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. 12. 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 RFP 7352 Midtown Urban Design Plan Page 15 of 20 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. 13. 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. 14. 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. 15. 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. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: RFP 7352 Midtown Urban Design Plan Page 16 of 20 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 RFP 7352 Midtown Urban Design Plan Page 17 of 20 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. 18. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7352 Midtown Urban Design Plan Page 18 of 20 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 RFP 7352 Midtown Urban Design Plan Page 19 of 20 INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7352 Midtown Urban Design Plan Page 20 of 20 [Optional] EXHIBIT “ ” CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.