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HomeMy WebLinkAboutRFP - 7548 MIDTOWN COLLEGE AVENUE CORRIDOR PLAN (2)RFP 7548 Midtown College Avenue Corridor Plan Page 1 of 23 REQUEST FOR PROPOSAL 7548 MIDTOWN COLLEGE AVENUE CORRIDOR PLAN The City of Fort Collins is requesting proposals from qualified firms to conduct a corridor plan for College Avenue. The limits of this corridor plan will be College Avenue from Prospect Road to Harmony Road. The primary focus will be College Avenue and the adjacent frontage roads, a secondary part of this effort will examine connections to the Mason Bus Rapid Transit (BRT) Corridor and BRT stations. 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, 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), September 11, 2013 and referenced as Proposal No. 7548. 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 Manager, Aaron Iverson, Senior Transportation Planner at (970) 416-2643 or aiverson@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried 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 7548 Midtown College Avenue Corridor Plan Page 2 of 23 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. 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 S. Paul Director of Purchasing & Risk Management RFP 7548 Midtown College Avenue Corridor Plan Page 3 of 23 REQUEST FOR PROPOSAL 7548 MIDTOWN COLLEGE AVENUE CORRIDOR PLAN OVERVIEW/BACKGROUND The City of Fort Collins is requesting proposals to conduct a corridor plan for College Avenue. The limits of this corridor plan will be College Avenue from Prospect Road to Harmony Road. The primary focus will be College Avenue and the adjacent frontage roads, a secondary part of this effort will examine connections to the Mason Bus Rapid Transit (BRT) Corridor and BRT stations. This effort is an implementation item stemming from the Transportation Master Plan, and even more recently the Midtown Plan. The Midtown Plan developed a vision for midtown Fort Collins, including some high level concepts for College Avenue. This effort will use those concepts as a starting point with the intent of producing a detailed design concept for College Avenue. The City encourages innovative context sensitive design solutions to develop a plan for College Avenue, addressing the following: • Bicycle circulation (currently bicycles are prohibited from riding on this segment of College Ave.) • Pedestrian circulation, both along and across College Avenue, in particular consideration for access to the Mason Bus Rapid Transit Corridor • Improved automobile mobility • Safety for all modes of travel • Ensure mobility and accessibility for people of all ages and abilities • How to best utilized the frontage roads and provide business access • Create a beautiful, identifiable, and unique design • Conducted as a collaborative effort among City staff, private sector, and stakeholders • Seek citizen input to help develop transportation design options, identify funding and build partnerships • Potential phased solutions to align with the planned repaving of College Avenue in 2015 by CDOT Guiding plans and programs include the following: - 2011 City Plan (http://www.fcgov.com/planfortcollins/pdf/cityplan.pdf) - 2011 Transportation Master Plan (http://www.fcgov.com/planfortcollins/pdf/tmp.pdf) - 2011 Pedestrian Plan (http://www.fcgov.com/planfortcollins/pdf/ped-plan.pdf) - 2010 Arterial Intersection Study (http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CONTRACT&dn =Purchasing&q=arterial+intersection+study) - 2008 Bicycle Plan (http://www.fcgov.com/bicycling/pdf/bike_plan-2008.pdf) RFP 7548 Midtown College Avenue Corridor Plan Page 4 of 23 - 2009 Transfort Strategic Plan (http://www.fcgov.com/transfort/plan-index.php) - 2005 US 287/South College Avenue Bicycle Project (http://www.fcgov.com/transportationplanning/bikelane.php) - 2002 South College Avenue (US 287) Access Control Plan Update Report (http://www.fcgov.com/transportationplanning/scollege.php) - 2013 Midtown Plan (Pending City Council approval) - 2009 South College Corridor Plan (http://www.fcgov.com/advanceplanning/pdf/sccp- doc.pdf) - 2012 Streetscape Standards (http://www.fcgov.com/advanceplanning/pdf/streetscape-doc.pdf) SCOPE OF WORK CONSIDERATIONS City staff will be responsible for the overall project management, plan preparation and public outreach process. The consultant is expected to provide technical assistance to staff by providing input and direction on key work program items. The draft scope of work outlined below is for the overall project and has been prepared to help guide the discussions. Consultants are encouraged to propose innovative approaches to complete the College Avenue Midtown Corridor Plan and should also identify and emphasize those areas where its qualifications and expertise would most benefit this project. STUDY ADMINISTRATION The master plan process will be guided by a Technical Advisory Committee (TAC). The TAC will be comprised of representatives from various City departments as well as representation from stakeholder agencies. Below is a preliminary list of potential TAC members: - City of Fort Collins o Transportation Planning / Advance Planning o Engineering o Traffic Operations o Utilities (Stormwater, Light & Power, etc.) o Community Development Neighborhood Services o Economic Health o Planning o Parks Planning o Natural Resources o Transfort o City Manager’s Office - Colorado Department of Transportation (CDOT) - North Front Range Metropolitan Planning Organization - Larimer County RFP 7548 Midtown College Avenue Corridor Plan Page 5 of 23 - South Fort Collins Business Association Aaron Iverson will serve as the City of Fort Collins project manager for the Study. The consultant will confer/meet with the project manager on a monthly basis (at a minimum) to review Study progress, present working papers and Study findings, and solicit direction. Regularly-scheduled meetings with the TAC will allow the consultant to build and maintain the close working relationship essential for the project’s success. Working papers developed during the Study will circulate to the TAC for review and comment. Relevant comments and requests will be incorporated into the working papers and final documents, based on approval by the project manager. SCHEDULE Below are the major milestones to be met during the study. September 25 Consultant Interviews Sept/October 2013 Consultant Selection October 2013 Project Startup November 2013 Transportation Board Oct. 2013 – Jan. 2014 Corridor Understanding / Data Collection & Analysis Jan. – March 2014 Corridor Vision Feb. – June 2014 Alternatives Development and Evaluation March 2014 Transportation Board April 2014 City Council Work Session July – Sept. 2014 Final Master Plan Drafted Sept. – Dec. 2014 Adoption Process December 2014 City Council Hearing SCOPE OF WORK Task 1: Work Plan The first task will be to develop a work plan to guide the study effort. This will include (at a minimum) the following elements: • Refined scope of work with detailed study tasks, goals, and objectives • Detailed schedule identifying key milestones and deliverables • Public Involvement plan for the Study • Staffing plan which identifies consultant and City staff roles • Define strategy to coordinate with relevant ongoing and recently completed studies • Establish the Technical Advisory Committee RFP 7548 Midtown College Avenue Corridor Plan Page 6 of 23 Task 2: Existing and Future Conditions The second task will provide a comprehensive understanding of the conditions of College Avenue. This task will provide the basis for the development of concept alternatives. Elements of this task include the following: a. Review of Existing Plans i. Relevant actions in adopted plans b. Existing Conditions i. Existing physical overview (land use and existing development, cross section, intersections, bike facilities, pedestrian facilities, pavement, drainage, environmental, cultural, utilities, safety, etc.) ii. Existing operational overview (traffic volumes, vehicle, bike and pedestrian Levels-of-Service, accident history, transit service, etc.) c. Future Conditions i. Future planned infrastructure improvements ii. Development proposals, future land use, socioeconomic projections (regionally, city, corridor) iii. Future traffic conditions, Levels-of-Service iv. Planned transit service d. Summary of Existing and Future Corridor Issues and Needs Task 3: Corridor Vision This task will review and refine, as needed, the vision identified in the Midtown Plan. Innovative approaches are encouraged to conduct this focused effort such as a corridor visioning charrette. The vision for the corridor should be developed within a Triple Bottom Line framework. Task 4: Alternatives Development Based on Task 2 and Task 3 results, a set of concept alternatives will be developed to achieve the vision. The Public Involvement Plan, developed as part of Task 1, will reflect how the alternatives will be vetted through an open, interactive and innovative public process ultimately leading to a final preferred plan. Context-sensitive alternatives, including a no-action alternative will be developed and will include at a minimum the following elements: a. Initial streetscape concepts and fatal flaw analysis b. Preliminary corridor design including: • Bicycle and pedestrian improvements • Typical cross section • Median and access design RFP 7548 Midtown College Avenue Corridor Plan Page 7 of 23 • Vertical profile design • Utility relocations and conflicts • Stormwater design including Low Impact Development (LID) concepts • Right of way acquisition requirements • Streetscape, gateway and urban design concepts • Intersection configurations • Transit improvements, including bus stop design and location • Way-finding concepts and strategies • Direct access from MAX stations • Frontage roads and business access • Parking Task 5: Alternatives Evaluation - Triple Bottom Line Analysis This task includes evaluation of the alternatives according to triple bottom line sustainability principles within environmental, social, and economic categories. A few specific evaluation criteria could include: • Bicycle and pedestrian mobility • Community and corridor character • Corridor and system integration • Drainage • Economic considerations, e.g., access to businesses • Environmental – air quality, natural features, floodplains, etc. • Estimated cost for construction, operations and maintenance • Impact to adjacent properties • Neighborhood, housing, and social • Safety • Traffic congestion / operations • Transit service • Feasibility • Cost Task 6: Preferred Alternative Based on the evaluation of alternatives and the public engagement process, a preferred alternative will be selected. The consultant will provide preliminary design/engineering RFP 7548 Midtown College Avenue Corridor Plan Page 8 of 23 and cost estimate of the preferred alternative for College Avenue with a more refined design and analysis of the elements listed under Task 4. Task 7: Implementation, Funding, and Phasing This task will include the identification, evaluation, and prioritization of strategies to implement the preferred alternative for the College Avenue corridor as well as projects from related plans in the area. This will also include an implementation plan with phasing, funding, and a process for tracking the performance of improvements. The detailed funding plan will identify the most likely funding sources for each strategy and steps needed to pursue and acquire the funding. Task 8: College Avenue Corridor Master Plan Adoption This task includes combining information from tasks 2 – 7 and public involvement into a draft plan, managing the public review process, making edits and refinements, and submitting a final plan for adoption. Summary of Products/Deliverables Task Product / Deliverable 1. Work Plan • Scope of Work • Schedule • Public Involvement Plan 2. Existing and Future Conditions • Corridor Understanding Summary Report • Existing Conditions Technical Paper • Future Conditions Technical Paper 3. Corridor Vision • Vision Statement with Supporting Goals and Objectives 4. Alternatives Development • Alternatives Development Technical Paper • Graphical representations 5. Alternatives Evaluation • Alternatives Evaluation Technical Paper 6. Preferred Alternative • Preferred Alternative Paper • College Avenue Preliminary Design • Graphical representation of preferred alternative and design 7. Implementation, Funding, and Phasing • Implementation Plan RFP 7548 Midtown College Avenue Corridor Plan Page 9 of 23 Task Product / Deliverable 8. College Avenue Master Plan Adoption • Draft Executive Summary and Plan, including: - Summary chapters of Tasks 2-7 - Public Involvement Summary - Appendices with the Technical Papers RFP 7548 Midtown College Avenue Corridor Plan Page 10 of 23 SUBMITTAL REQUIREMENTS All respondents are required to include the following information in the submittal as a minimum and in this order. 1. Project Understanding: Provide a brief summary of your understanding of the project and the College Avenue Corridor. 2. Approach: Describe your recommended approach to achieve each of the tasks outlined in the Scope of Work described above. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective ideas to create a successful plan. 3. Deliverables: Provide a description or examples of how you will present the deliverables and the tools that will be used to create project products. 4. Team Profile: Provide relevant information regarding the team you propose to work on this project including: a. Overview of firm(s) b. Example of projects with location and reference contacts c. People (availability, commitment) d. Proposed team organization (org chart) of key personnel with titles and specific tasks 5. Schedule: Provide a detailed project schedule showing key milestones, deliverable dates, proposed meeting dates for the TAC, public meetings and presentations to various boards and commissions. 6. Budget: Provide a proposed budget for the project that shows effort by task and personnel, which include rates including all sub-consultants. The budget should clearly show time required for meetings 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 12 double sided pages are allowed for this proposal. RFP 7548 Midtown College Avenue Corridor Plan Page 11 of 23 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 project of this type and scope? RFP 7548 Midtown College Avenue Corridor Plan Page 12 of 23 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 7548 Midtown College Avenue Corridor Plan Page 13 of 23 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. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 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 , 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, the City RFP 7548 Midtown College Avenue Corridor Plan Page 14 of 23 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: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. 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 $1,000,000, in accordance with Exhibit , RFP 7548 Midtown College Avenue Corridor Plan Page 15 of 23 consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) 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, RFP 7548 Midtown College Avenue Corridor Plan Page 16 of 23 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 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. RFP 7548 Midtown College Avenue Corridor Plan Page 17 of 23 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. Professional may, however, subcontract the […] work or other portions of the Work by providing notice to the City of its intent to do so. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior written consent of the City. 13. 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. 14. 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 7548 Midtown College Avenue Corridor Plan Page 18 of 23 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. 15. 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. 16. 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. 17. 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. 18. 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. RFP 7548 Midtown College Avenue Corridor Plan Page 19 of 23 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 RFP 7548 Midtown College Avenue Corridor Plan Page 20 of 23 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. 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) pages, attached hereto and incorporated herein by this reference. RFP 7548 Midtown College Avenue Corridor Plan Page 21 of 23 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 By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7548 Midtown College Avenue Corridor Plan Page 22 of 23 EXHIBIT 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 7548 Midtown College Avenue Corridor Plan Page 23 of 23 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.