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HomeMy WebLinkAboutRFP - 7581 INDEPENDENT COST ESTIMATINGREQUEST FOR PROPOSAL 7581 INDEPENDENT COST ESTIMATING The City of Fort Collins is seeking proposals from qualified firms for Consulting Engineering Services for Independent Cost Estimating Services for the City of Fort Collins Utilities. Proposals submission via email is preferred. Proposals shall be submitted in 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), December 20, 2013 and referenced as Proposal No. 7581. 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 Jay Rose (970) 224-6106 or jmrose@fcgov.com. Professionals are strongly encouraged to make the effort to visit with the Project Manager, get their questions addressed and answered, as well as clearly understand our expectations, procedures and the Alternative Product Delivery System (APDS). Questions regarding proposal submittal, contracting or process should be directed to Pat Johnson, CPPB, Senior Buyer (970) 221-6816 or pjohnson@fcgov.com. A copy of the Proposal may be obtained as follows: 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, and discount information. 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. 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. 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 7581 Independent Cost Estimating Services Page 2 of 20 Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other State and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Qualified consulting firm/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. Invoices for completed work shall be submitted monthly to the City Project Manager. Upon approval by the City Project Manager, City payment terms will be Net 30 Days. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. Contractors shall reserve the days of January 6th and 8th, 2014 for interviews. Notification of short listed firms will be by December 27, 2013. The selected Service Provider shall be expected to sign the City’s Professional Services Agreement without revision prior to commencing Services (see sample attached to this 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 7581 Independent Cost Estimating Services Page 3 of 20 7581 INDEPENDENT COST ESTIMATING SERVICES I. Purpose The City of Fort Collins is soliciting proposals from qualified consultants for independent cost estimating services for capital improvement projects. These estimating services will be related to water, wastewater, and /or stormwater capital improvements. These future projects will be managed by the City of Fort Collins Utilities and may involve a cooperative effort between other City Departments. The City intends to award one qualified consultant an annual contract from this RFP. At the City’s option, this contract may be annually renewed for up to four (4) additional years. II. Background Fort Collins Utilities uses the Alternative Product Delivery System (APDS) to manage the design and construction phases of its capital utility projects. The APDS process involves forming a project team between one of the City’s on call engineers, one of the City’s on call contractors, and utility project management staff. This team will work together from day one of project conception through the completion of construction. Each team member has significant involvement in the design and construction concepts that are utilized for the successful completion of utility capital projects. It is estimated that the City used the current independent cost estimator 8 times during the previous twelve months with the average amount paid to the independent cost estimator at six thousand eight hundred and four dollars ($6,804). III. Scope of Services A. General Description – Independent Cost Estimating Services The intent of the City of Fort Collins Utilities is to award a contract to a qualified consultant specifically for the purpose of estimating capital improvement projects for direct comparison to a contractor’s estimate prior to approval of a construction contract. The independent cost estimate is to be utilized as a tool to assure the City of Fort Collins Utilities that the negotiated project costs are fair and reasonable. The estimating services for the Utilities Department will be more specifically related to: Pipelines – water, wastewater, stormwater, and related facilities. Treatment Facilities – raw and treated water and water reclamation. Earthwork – drainage channels, embankments, detention ponds, earthmoving Qualities of particular interest to the City of Fort Collins are consultants with knowledge of local construction conditions, trenchless technology methods, high level of accessibility/availability, proven expertise in infrastructure estimating, and the ability to complete projects in a timely manner. B. Project Specifics An independent cost estimate will be necessary for any capital improvement project which utilizes the City of Fort Collins’ “Alternative Product Delivery System” (APDS) process and exceeds $300,000 (construction cost). The need for an independent cost estimate is the responsibility of the Project Manager based on the Purchasing Department guidelines. If a project requires an independent cost estimate, the Project Manager will provide all pertinent information required to accurately estimate the subject project. This information may include, but is not limited to, the following: contract drawings, quantities, equipment and 7581 Independent Cost Estimating Services Page 4 of 20 material specifications, quality requirements, geo-tech reports, and special conditions. This information may not be in a 100% complete final design format, but will be the most recent information available and will be equivalent to the information the contractor uses for final negotiation purposes. The selected cost estimating consultant will required to attend an “orientation” meeting, including a site visit, and may be invited to attend several design progress meetings. This process is intended to aid the independent cost estimator/staff in better understanding more complex construction projects. The Project Manager and Engineer (contracted with the City) will complete a comprehensive review of cost estimates from both the contractor and independent cost estimator. It will be necessary for the independent cost estimator/staff to attend a “reconciliation” meeting to explain details of the submitted cost estimate to the Project Manager, Engineer, and Contractor. Any single line item discrepancies exceeding 5% shall be thoroughly researched and documented. If such items can not be clarified or items are deemed not comparable, it may be necessary to hold a detailed meeting involving all parties to discuss assumptions, equipment, crews, special conditions, etc. Comparison of the cost estimates will continue until all items are understood and agreed upon by Project Manager, Engineer, and Contractor. The selected cost estimating consultant will be required to submit a detailed final report of the cost estimate, reconciliation process and outcome. This will generally complete the necessary services provided by an independent cost estimating consultant. Extraordinary circumstances may necessitate further services from the cost estimating consultant. This may include attendance to additional meetings or field estimate reviews. The independent cost estimates will be performed based on hourly rates as outlined in the submitted cost schedule/estimate. A not-to-exceed work order contract will be negotiated for each project prior to all estimating services. Any changes in scope to the original work order will be treated as a negotiated change order. C. Project Schedule The project schedule for cost estimating services will be determined as applicable capital improvement projects become available. Schedules for completing specific estimating services will be determined at the time a project contract is negotiated. IV. Instructions to Consultants A. Submittal Requirements Qualified consultants interested in performing the work described in this request for proposals should submit a minimum of the following information to the City. A proposal that does not include all of the information required may be deemed incomplete and is subject to rejection. Responses must include all of the items listed below, in the order listed: B. Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. C. Contractor Information and Experience The Contractor should provide the following information: 1. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). 7581 Independent Cost Estimating Services Page 5 of 20 2. Qualifications of your firm and qualifications and experience of the specific staff proposed to provide consulting services similar to those being requested. A résumé for key professional and technical persons assigned to the contract, shall be submitted. Identify the primary contact person and roles of each staff member. Please limit resumes to one-half page. 3. Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. 4. Provide a list of similar projects completed in the last five years by the key members of the proposed team. 5. References (current contact name, current telephone number and email address) from at least three other 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 referenced projects and/or request a copy of the plans and project documentation. Provide detail about each project including a description, original cost, final cost, change order details, original completion date, final completion date, was APDS used (or a similar process) and results of using it. D. Scope of Services 1. Consultants shall provide a previously completed cost estimate. Please be sure the submittal is of a water, wastewater, or stormwater utility construction nature, has been prepared by a member of the proposed team, and has been completed within the past five years. Provide a thorough explanation of the cost estimate and what factors were used to determine the figures included. Include details about the sources used and research completed. 2. 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), the APDS System or other innovative construction processes. E. Fees Contractor shall provide a fee schedule, based upon hourly rates. Reasonable expenses will be reimbursable as mutually agreed upon at a cost plus a reasonable administrative mark-up. Please indicate the percent mark-up for expenses. F. Additional information Contractor may provide any additional information the Contractor feels will assist Utilities in their evaluation of the Contractor’s proposal. G. Contacts Questions related to proposal submittal, contracting or process should be directed to: Ms. Pat Johnson, CPPB – Senior Buyer City of Fort Collins Utilities 700 Wood Street POB 580 Fort Collins, CO 80522 (970) 221-6816 pjohnson@fcgov.com Questions related to the scope of work should be directed to: Jay Rose – Project Manager City of Fort Collins Utilities 700 Wood Street POB 580 7581 Independent Cost Estimating Services Page 6 of 20 Fort Collins, CO 80522 (970) 224-6106 jmrose@fcgov.com H. Schedule Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to amend the target schedule at any time. RFP Issuance: November 20, 2013 Proposal Due: December 20, 2013 Interviews: January 6 or 8, 2014 Contract start date: February 1, 2014 I. Length of proposal Limit the total length of your proposal to a maximum of 25 pages (excluding covers, dividers, and sample cost estimate). The Director of Purchasing and Risk Management may reject proposals received that are longer than 25 pages in length. V. 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://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CORRESPONDENCE&q= CAPITAL+PROJECTS 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 interview session (if the City should determine an interview process is required). 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. A shortlist of Contractors may be identified and invited for an interview at the City of Fort Collins. The final selection will be made from this shortlisted group. The City reserves the right to award directly as a result of the written proposals. 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? Is your experience pertinent? 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 7581 Independent Cost Estimating Services Page 7 of 20 required by the Scope of Work? 1.0 Motivation/Sustainab ility Is the firm interested and are they capable of doing the work in the required time frame? What sustainable practices does your firm have in place? 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 completed previous projects of this type and scope? 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? 7581 Independent Cost Estimating Services Page 8 of 20 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Contractor hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Contractor hereby makes the following representations to Utilities: a. All of the statements and representations made in this proposal are true to the best of the Contractor’s knowledge and belief. b. The Contractor has obtained all necessary authorizations and approvals that will enable the Contractor to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Contractor Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 918-42 Engineering Consulting 925-97 Water Supply, Treatment and Distribution Engineering 7581 Independent Cost Estimating Services Page 9 of 20 EXHIBIT B SAMPLE 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 any project Work Orders for RFP 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. No Work Order shall exceed $ . 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. 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. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. 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. 4. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates 7581 Independent Cost Estimating Services Page 10 of 20 provided with written notice to the professional mailed no later than ninety (90) days prior to contract end. 5. 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. 6. 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: 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. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to 7581 Independent Cost Estimating Services Page 11 of 20 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 $1,000,000, in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) 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. 8. 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: 7581 Independent Cost Estimating Services Page 12 of 20 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. 9. 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. 10. 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. 11. 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. 7581 Independent Cost Estimating Services Page 13 of 20 12. 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. 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 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 7581 Independent Cost Estimating Services Page 14 of 20 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. 19. 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. 7581 Independent Cost Estimating Services Page 15 of 20 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. 20. Red Flags Rules. Professional must implement reasonable policies and procedures 7581 Independent Cost Estimating Services Page 16 of 20 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. 21. 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. 7581 Independent Cost Estimating Services Page 17 of 20 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 7581 Independent Cost Estimating Services Page 18 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: Original Bid/RFP Project Number & Name: 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) Date: ________________________ Approved by: _________________________ Director of Purchasing & Risk Management (if over $60,000.) Date: _______________________ 7581 Independent Cost Estimating Services Page 19 of 20 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. 7581 Independent Cost Estimating Services Page 20 of 20 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.