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HomeMy WebLinkAboutRFP - 7436 ENVIRONMENTAL SERVICES (3)RFP 7436 Environmental Services Page 1 of 20 REQUEST FOR PROPOSAL 7436 ENVIRONMENTAL SERVICES The City of Fort Collins is requesting proposals from qualified full-service environmental services Professionals to conduct general environmental consulting services as may be required by the City by work order. . Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittals shall be e-mailed to: purchasing@fcgov.com. If submitting hard copy proposals, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), November 2, 2012 and referenced as Proposal No. 7436. 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. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Carol Webb at (970) 221-6231 or cwebb@fcgov.com. Questions regarding bid submittal or process should be directed to Opal Dick, CPPO, Senior Buyer, Buyer, at (970) 221-6778 or odick@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. 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. 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 7436 Environmental Services Page 2 of 20 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 7436 Environmental Services Page 3 of 20 REQUEST FOR PROPOSAL 7436 EVIRONMENTAL SERVICES I. OVERVIEW & INSTRUCTIONS TO PROPOSERS The City of Fort Collins is requesting proposals from qualified full-service environmental services Professionals to conduct general environmental consulting services as may be required by the City by work order. Objectives & Structure: This solicitation has four primary objectives: ♦ To provide the City with environmental services consultants with the depth of experience, staff capabilities, materials, and equipment required to address in a timely and competent manner the diverse environmental issues that face the City. ♦ To develop a partnership between the City’s environmental management staff and the environmental services vendor(s), focused on long-term cost savings and reduction in City expenditures through state-of-the-art approaches to compliance; effective management of environmental issues, assets, and liabilities; and use of competitive, cost-effective service providers. ♦ To support City staff and contractors in assuring that the City is proactively addressing its environmental responsibilities in a high-quality, integrated approach, protecting human health and the environment, cost-effectively complying with regulatory requirements, preventing pollution, and integrating environmentally sustainable practices. ♦ To help make the City of Fort Collins a leader in sustainability, environmental management, quality, and compliance, resulting in the achievement of a better environment for the citizens of Fort Collins at a lower overall cost. These services could be applicable to City properties, operations, and/or services. Contract(s) resulting from this RFP will be made available to all City departments; use of such contract(s) will be at the option of those departments, depending upon their needs. The firm(s) selected to provide these services may be required, on a Work Order (task order) basis, to provide a wide range of services, as required to meet the City's needs. The general environmental services solicited herein include, but are not necessarily limited to, items and tasks in these seven areas: 1. Environmental Assessment and Investigation 2. Remedial Technology Selection and Implementation 3. Ecological Assessment and Permitting 4. Voluntary Cleanup 5. Environmental Auditing 6. Human Health Risk Assessment 7. Air Quality Permitting, Monitoring, Modeling, and Compliance Evaluation & Award: A review team will rank the proposals based on the City of Fort Collins procedures for the review of professional firms. At least the three highest-ranked Professionals (in conjunction with any affiliated subconsultants) will then be invited to make formal presentations to the review team. Based on these interviews, one or more Professionals will be retained to provide these general environmental services, as the need for work is generated, based upon their ranking. RFP 7436 Environmental Services Page 4 of 20 The City recognizes that different Professional firms and subconsultants may have different levels of expertise and experience in different service areas. Each Proposer must be explicit and detailed in response to this RFP in regard to the Professional’s and subconsultant(s)’ specific strengths, experience, and areas of expertise. It is possible that the City will choose not to incorporate one or more portions of the general scope of services described in this Request for Proposals into any contract(s) executed pursuant to Request for Proposals. (See also Section III below, Proposal Description & Format.) Review & Assessment: Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. 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 7436 Environmental Services Page 5 of 20 Reference Evaluation (Top Ranked 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? Work Order Procedures: Work performed pursuant to contract(s) executed pursuant to this Request for Proposals will be authorized by Work Order, issued by the appropriate department(s). No Work Order shall exceed $75,000. The City reserves the right to independently seek proposals on any project, rather than issuing a Work Order to the Professional. The Professional shall provide all personnel, equipment and supplies necessary to complete the professional services set forth in the Scope of Work. Total project time, any retainage clause, and any applicable liquidated damages clause will be determined as part of the project Work Order for each individual project. If the City chooses to enter into more than one contract, after the contracts are completed, the highest-ranked Professional will be considered first for any Work Order. If the City determines that company cannot meet the required time schedule, or a conflict of interest exists, or the work to be performed is not within the scope of the capabilities of that company and/or any applicable subconsultants, the second-highest-ranked Professional with whom the City has contracted will be considered for the work. Term & Fees: Any agreement(s) will be effective for a period of one year from the date of the completed Professional Services Agreement, and will be renewable for four (4) additional one- year terms (one at a time), at the option of the City and if the Contractor is agreeable to the same terms and conditions contained herein. Any fee increases will use the Denver-Boulder CPI index as a guide. Method of Payment: The Professional shall receive payments for satisfactorily-completed work based on verified progress in the following manner: The cost of the work completed shall be paid to the Professional each month following the submittal of a bill by the Professional indicating the percentage of that work that has been completed by task, and including a brief progress report. RFP 7436 Environmental Services Page 6 of 20 All bills submitted by the Professional shall be directed to the City Representative for review and authorization of payment. Billings and payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Consultant and the City will negotiate an appropriate unit price for the service. A copy of the City's standard Professional Services Agreement for Work Order Contracts and a sample Work Order are attached. Conferences: During the progress of the work, the Professional shall confer with the City as necessary to ensure that the completed work will meet with the City’s approval. The City will designate a City Representative for each project Work Order. The Professional shall meet with the City Representative at intervals to review the progress of the work and shall be required to submit brief monthly progress reports to the City Representative. II. GENERAL SCOPE OF ANTICIPATED & POTENTIAL SERVICES This section is intended to outline and define the categories in the general scope of work that may be needed by the City. The items or tasks listed in each general category are examples of the types of specific services that the City anticipates are likely to be required or may potentially be required. It is possible that additional or extended similar services may be required at some point in time, and the City may choose to utilize the Professional under such circumstances. However, the City makes no assurance that any specific service described in this section will be needed during the initial one-year term of any contract that may be awarded pursuant to this Request for Proposal, or during any extension of such a contract. See Section III below, Proposal Description & Format, for more information on defining your capabilities in relationship to these categories, items, and tasks, and other similar capabilities. In general, in all relevant categories, please be prepared to incorporate compliance with all Federal, State, regional, and local laws, regulations, and policies. 1. Environmental Assessment and Investigation The Professional will work with the City to: a. Perform due diligence assessments (Phase I Environmental Site Assessments in accordance with ASTM standards) of property to be acquired by the City, including recommendations regarding the potential liability associated with a property. b. Perform Phase 2 investigations associated with and in support of the above property transfer due diligence assessments. c. Provide, on an as-required basis, integrated services for the collection, analysis, and interpretation of environmental samples (air, water, soil, biota, and wastes). d. Design and perform subsurface soil and groundwater investigations associated with leaking underground tanks, release of hazardous substances, or other environmental impacts. These services are to include the capability of providing drilling and sample collection, and analytical and laboratory services. RFP 7436 Environmental Services Page 7 of 20 e. Advise the City in matters associated with contaminant transport, hydrogeology, geology, environmental chemistry, and related disciplines needed to assess the potential environmental exposure to hazardous substances releases. f. Advise the City on matters associated with Superfund, state mandated cleanups, underground storage tank programs, voluntary cleanup program, and other investigative type programs. Prepare Spill Prevention, Control, and Countermeasure Plans g. Advise the City on issues associated with the use and release of petroleum fuels, chlorinated solvents, PCBs, metals, and other constituents that may represent a threat to human health and the environment. h. Perform waste characterization studies on potentially hazardous materials. i. Perform Asbestos & Pb-based paint inspections for demolition, renovation, and on-going management of asbestos-containing materials. Advise the City in matters associated with asbestos-contaminated soils. 2. Remedial Technology Selection and Implementation The Professional will work with the City to: a. Evaluate the impact of environmental releases of hazardous substances on soil and in groundwater. b. Determine the technologies that would be applicable to mitigate the concerns caused by release of hazardous substances or petroleum products. c. Develop asbestos-contaminated soils management plans in accordance with state regulations. Provide oversight on City projects related to compliance with said management plans. d. Perform excavation oversight and materials management services for environmentally contaminated properties. e. Design, implement, and/or manage environmental remediation projects, including excavation and disposal, in-situ treatment of soil and groundwater, vapor extraction, bioventing, groundwater pump-and-treat projects, and intrinsic remediation technologies. These services are to include obtaining any necessary regulatory agency permits and/or approvals. f. Prepare necessary reports and submittals, both for the City and for any other relevant regulatory or public agency. g. Excavate and contain hazardous and non-hazardous contaminated materials. h. Collect and/or treat contaminated water. i. Provide post-cleanup site assessment, following appropriate site closure procedures. 3. Ecological Assessment and Permitting The Professional will work with the City to: RFP 7436 Environmental Services Page 8 of 20 a. Design and conduct assessments of the impact of various programs (i.e., road construction) on ecological receptors such as riverine and wetland environment and terrestrial habitats. b. Advise the City in matters associated with environmental permits (i.e. 404 permit for wetland activity), including the preparation and submittal of such permits. c. Advise the City in matters associated with projects to improve, manage, and develop habitat. d. Design site revegetation and restoration projects. e. Conduct assessments of threatened and endangered species. 4. Voluntary Cleanup The Professional will work with the City to evaluate the applicability of voluntary cleanup regulations or policies for City properties, or properties of interest to the City, and prepare the plans required to implement such actions. 5. Environmental Auditing The Professional will work with the City to: a. Design and conduct audit programs needed to assess activities and services, and assure environmental compliance. b. Develop specific protocols for auditing environmental, health, and safety compliance and related issues. c. Provide and report on specific environmental, health, and safety compliance assessments. d. Design and provide oversight for environmental management systems and associated programs in accordance with ISO 14001 standards. 6. Human Health Risk Assessment The Professional will work with the City to design, review, and/or perform work plans for ecological and human health risk assessments. 7. Air Permitting, Monitoring, Modeling, and Compliance The Professional will work with the City to: a. Develop and prepare air permits. b. Perform air monitoring, record keeping, and reporting. Prepare routine and special reports of air quality data. c. Advise the City on implications of pending or proposed federal, state, regional, or local air quality laws, regulations, ordinances, and standards. d. Advise and assist in the development or review of risk management plans for responding to the accidental release of regulated substances. e. Prepare air hazard assessment regarding release scenarios, zones of impact, identification of impacted receptors. III. PROPOSAL DESCRIPTION & FORMAT RFP 7436 Environmental Services Page 9 of 20 Written proposals should be structured in this fashion and should include, at a minimum, the following sections: Proposal Section One: Scope of Proposal This section is to include, at a minimum, the following components: 1-A. Proposal Understanding. This section should demonstrate the understanding of the Professional (and any applicable subconsultants) of the required services, and of the policy and procedural issues that may be involved in providing such services. This section should not exceed 5-8 pages. 1-B. Specific Service Requirements. This section should consist of a description of the understanding, expertise, and experience of the Professional (and any applicable subconsultants) in relationship to each item or task listed in Section II above. This section should not exceed one-half to one page of description for each of the 29 items or tasks listed separately in Section II, or no more than 15-20 pages total. 1-C. Relevant Project Experience. This section should consist of summary descriptions of projects that will provide examples of how the Professional and any affiliated subconsultants have performed the activities included in the scope of work in the past. Detailed or extended descriptions may be provided in the Appendices. This section should not exceed 5-8 pages. Proposal Section Two: Capabilities and Qualifications This section is to include, at a minimum, the following components: 2-A. Capabilities. This section should describe the capabilities of the Professional and any affiliated subconsultants, based on education, experience, and previous projects. This should include a matrix chart or description of area of expertise vs. available staffing. Please also include in this section a description of any additional similar and related environmental service and consulting capabilities, above and beyond those required to perform the services described in Section II above. 2-B. Staff. This section should list staff members who will provide services directly, including the length and type of experience related to each type of service, specific areas of expertise, and billing category. Include resumes for these persons in the Appendices. 2-C. References. This section should consist of five client references that the City may contact concerning performance on current or recent projects, complete with address, phone numbers, and contact persons, including at least one municipality or public entity for whom the Professional has done work. Reference review procedures are described in Section V below. 2-D. Subconsultants. This section should list the name, address, phone numbers, capabilities, qualifications, experience, and expertise of any subconsultant to be retained by the Professional to assist in any of the defined service areas. Proposal Section Three: Fees and Costs This section is to include, at a minimum, the following components: 3-A. General Labor and Direct Costs. This section should consist of a schedule of hourly rates by each labor category and an additional schedule for direct and reimbursable costs associated with the performance of such work, for both the Professional and for any subconsultants (not including laboratory and testing costs; see below). RFP 7436 Environmental Services Page 10 of 20 3-B. Specific Scope of Services Costs. This section should consist of a schedule of costs relating to the specific items included in Section II above, General Scope of Anticipated & Potential Services, organized in that fashion. This should include any and all specific costs, separate from the Professional’s/subconsultant’s general labor and direct costs that would be associated with providing those services. Specifically, this section should include laboratory and testing costs, with identification of the laboratory and testing facilities that the Professional intends to use. 3-C. Other Costs. A schedule of costs, not included above, for any additional services or expenses, that you believe, based upon your professional experience, may be of value to the City under specific circumstances. Proposal Section Four: Appendices 4-A. Resumes. 4-B. Detailed Project Descriptions. Additional project descriptions may be included here. RFP 7436 Environmental Services Page 1 of 20 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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. RFP 7436 Environmental Services Page 2 of 20 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. 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 $ . 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a RFP 7436 Environmental Services Page 3 of 20 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 project representative who shall make, within the scope of his or her authority, all necessary and RFP 7436 Environmental Services Page 4 of 20 proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. 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 relieve the Professional of responsibility for the quality or technical accuracy of the work. The RFP 7436 Environmental Services Page 5 of 20 City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 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 7436 Environmental Services Page 6 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 RFP 7436 Environmental Services Page 7 of 20 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. 18. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7436 Environmental Services Page 8 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 7436 Environmental Services Page 9 of 20 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: _________________________________________________________________________________ Scope of Services: _________________________________________________________________________________ Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: ____________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ____________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) By: _______________________________ James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________ WOPSA 05/01 1 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.