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HomeMy WebLinkAboutRFP - 7515 CONSULTING ENGINEERING SERVICES FOR FUTURE WATER WW & SW FACILITIES CAPITAL IMPROVEMENTS (3)RFP 7515 Consulting Engineering Services for Future Water, Wastewater, & Stormwater Facilities Capital Improvements Page 1 of 19 REQUEST FOR PROPOSAL 7515 CONSULTING ENGINEERING SERVICES FOR FUTURE WATER, WASTEWATER & STORMWATER FACILITIES CAPITAL IMPROVEMENTS The City of Fort Collins is requesting proposals from qualified firms to provide design and construction management services for water, wastewater, and stormwater capital improvement projects. Proposals submission via email is preferred. Proposals shall be submitted n Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, 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 12, 2013 and referenced as Proposal No. 7515. 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. 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 Managers, Jay Rose at (970) 224-6106 or jmrose@fcgov.com. Questions regarding bid submittal or process should be directed to Opal Dick, CPPO, Senior 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. 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 7515 Consulting Engineering Services for Future Water, Wastewater, & Stormwater Facilities Capital Improvements Page 2 of 19 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, Gerry Paul Director of Purchasing & Risk Management PROPOSAL NO. 7515 CONSULTING ENGINEERING SERVICES FOR FUTURE WATER, WASTEWATER, AND STORMWATER FACILITIES CAPITAL IMPROVEMENTS I. Purpose The City of Fort Collins is soliciting proposals from qualified consultants for design and construction management services for water, wastewater, and stormwater capital improvement projects. It is anticipated that the primary use of these engineering services will be in the areas of water distribution and transmission infrastructure improvements and system rehabilitation as well as wastewater collection infrastructure improvements and system rehabilitation as well as stormwater infrastructure improvement projects. Future projects will be managed by The City of Fort Collins Utilities and may involve a cooperative effort between other City Departments. The selected Consultant will participate in the City of Fort Collins Utilities’ Alternative Product Delivery System (APDS) during the design and construction phases of future projects. II. Scope of Services A. General Description The intent of the City of Fort Collins Utilities is to award a contract to two qualified consultants for engineering consultation services during the assessment, design and construction phases of water, wastewater, and stormwater infrastructure improvement and rehabilitation projects. The selected consultants may be retained by the City of Fort Collins Utilities annually for up to five years to provide studies, engineering design, surveying and construction management services for projects as they are required. Projects may be related to water pipelines, stormwater and sanitary sewer pipelines, drainage channels, detention ponds, improvements at the City’s Water Treatment Facility and Water Reclamation Facilities, and development and modification of water distribution and wastewater collection systems models. The City of Fort Collins Utilities envisions an increasing need for innovative engineering solutions for the rehabilitation of ageing underground water, wastewater, and stormwater systems. Project designs will seek to minimize the impacts to neighborhoods and the environment by fully utilizing trenchless technologies and sustainability strategies. Projects will be managed utilizing the Utilities’ Alternative Product Delivery System (APDS). The selected consultant will be part of a project team consisting of City of Fort Collins Utilities’ staff, project contractor’s staff, and the engineering consultant’s staff. All team members will participate in the project from conception, through the design phase and during construction. Participation by all team members throughout the project is expected to encourage innovation and enhance project quality and value. Work will be on an as needed basis with the scope of work to be defined and a work order negotiated prior to the time the work on each project is commenced. Interested firms are highly encouraged to visit with the above named project manager to better understand the RFP and associated future work. B. Project Specific Requirements 1. Provide a description of water, wastewater, and storm water projects your firm and design team has worked on in the past 5 years that utilized innovative design concepts and/or innovative materials and trenchless technology, i.e., boring tools which include pipe pulling, pipe ramming, pipe bursting, sliplining, swedgelining and directional boring equipment; tunneling; liners; cast in place pipe, and others. Describe what experience your firm has had in the rehabilitation of ageing utility systems in older neighborhoods. 2. A private developer has proposed a development along Plum Street between Aster Court and City Park Avenue in Fort Collins. All the homes in this area are scheduled for demolition and a new multi-level student housing apartment complex is being proposed. The existing sanitary sewer that serves the surrounding area as well as the new development is outdated and undersized. The student apartment complex is under construction now and scheduled for completion in the summer of 2014. Coordination with the developer’s construction schedule will be required. 3. Describe how your firm would proceed to establish the new sanitary collection system requirements between Manhole M15287 in City Park Avenue and Manhole M11316 in Shields Street. Provide details as to potential alternative innovative and cost effective solutions your firm may recommend to address the problem. Include a description of any types of trenchless technology that your firm has experience with that may offer innovative and desirable results, and enhance project quality and value. 4. The project reach is from MH – M15287 in City Park Avenue, south to Plum Street. East in Plum Street to Shields Street, then south in Shields Street to MH – M11316 in Shields Street. Prepare a narrative and spread sheet showing the design tasks you propose, the personnel assigned to work on the project, and the design time with corresponding costs that your firm would propose to prepare a set of construction drawings and any specialized specifications needed to rehabilitate this section of sanitary sewer. C. General Information For Future Work • Hydraulic modeling for stormwater projects will be prepared using HEC- RAS. Frequencies analyzed shall be the same as provided for in the Master Plan. Documentation will be provided in both hard copy and disk format will be required at the Preliminary design level. Residual flood plains will be documented on “as-constructed” drawings. • Drawings will be AutoCAD (Version 2008 is this the version we want?) generated, ink on mylar. "As-Constructed drawings" will be provided to the City on CD’s or DVD’s at the completion of each project. Provide "As- Constructed" stamped, original mylars at the completion of the project to become the property of the City of Fort Collins Utilities. • Prepare construction contract documents and specifications utilizing CSI format and the City of Fort Collins’ modified EJCDC General Conditions, standard front end and the Utilities’ Master Specifications. • Identify all easements or properties required for project construction and prepare all legal descriptions and exhibits needed by City staff in acquiring these easements and/or properties. • All known existing utilities and structures will be identified, located and shown horizontally and vertically, if possible, in relationship to proposed improvements. • All applications for permits will be prepared by the consultant. • Provide construction administration, submittal review and continuous full time field inspection of the project. Resident Project Representative duties must be performed with experienced and qualified personnel approved by the Utilities. • Provide all surveying required for the design of the project and baseline control for contractor use during construction. • Provide all geotechnical services required for the design process and for testing during construction projects. • Provide detailed written monthly progress reports throughout the duration of the design and construction of all work. The progress reports will be part of the billing submitted monthly. • Assist project Contractor with a detailed estimate of construction costs at the 50% and 90% levels of design. III. Instructions to Consultants A. Submittal Requirements Qualified consultants interested in performing the work described in this request for proposals should submit the following information to the City. 1. Qualifications of your firm and staff proposed to perform the work on City of Fort Collins Utilities Department projects. This should include resumes of staff and any recommendation/commendation letters received for past projects. 2. Provide a scope of work and engineering cost estimate for the analysis and potential innovation solutions for the rehabilitation of the Plum Street Sanitary Sewer. Include a spread sheet of hourly rates for personnel and any sub consultants proposed to perform work under this contract. 3. References from at least three other water, wastewater, or storm water projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project. As part of the reference check process, the City may choose to visit one or more of the listed projects and/or request a copy of the plans and documentation completed. 4. Detail any experience your proposed team has with the design/build process (working with a selected contractor through the design and construction phases of a project) or other innovative project delivery systems. 5. Detail any experience your firm has in using a formal partnering process (such as the above mentioned APDS Process) on construction projects. 6. Limit the total length of your proposal to a maximum of 30 pages (excluding covers and dividers). The Director of Purchasing and Risk Management may reject proposals received that are longer than 30 pages in length. 7. Submit a total of eight (8) copies of your proposal. 8. Proposals must be received no later than 3:00 pm (our clock), June 12, 2013 to: City of Fort Collins – Purchasing & Risk Management Division 215 N. Mason St., 2 nd Floor P.O. Box 580 Fort Collins, CO 80522 B. Contacts Questions related to procedures should be directed to: Opal Dick, CPPO – Senior Buyer City of Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, CO 80522 (970) 221-6778 Questions related to the scope of work should be directed to: Main Contact: Jay Rose – Project Manager 700 Wood Street P.O. Box 580 Fort Collins, CO 80522 (970) 224-6106 jrose@fcgov.com IV. Selection Criteria and Method The City of Fort Collins’ Capital Project Management Control System Manual prescribes the consultant selection criteria and method. This document is available for review at: http://citynet.fcgov.com/pdf-gateway.php/purchasing/files/capprojmanual2010 V. Award At the option of the City, a second firm may be chosen to provide the described services. VI. Terms and Conditions The payment for services, as described under the Scope of Services, shall be based upon hourly rates as outlined in the submitted cost schedule/estimate. The submitted cost estimate will be used to establish a “guaranteed maximum price (GMP)” amount for the contract. Any changes in scope to the original contract will be treated as a negotiated change order to the contract. VII. 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? VIII. 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? 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: 4. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for 7515 Consulting Engineering Services for Future Water, Wastewater, & Stormwater Facilities Capital Improvements issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 5. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 6. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 7. Contract Period. [Option 1] 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 ( ) 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. 8. 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. 9. 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 $ . 10. 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. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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: 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. 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. THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul 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 Standard Professional Services Agreement- rev04/10 9 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 Exhibits _, _, _, 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) Date: ________________________ Approved by: _________________________ Director of Purchasing & Risk Management (if over $60,000.) Date: _______________________ Standard Professional Services Agreement- rev04/10 10 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.