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HomeMy WebLinkAboutRFP - 7635 LOOMIS ADDITION HISTORIC CONTEXT (2)RFP 7636 Loomis Addition Historic Context Page 1 of 22 REQUEST FOR PROPOSAL 7635 LOOMIS ADDITION HISTORIC CONTEXT The City is seeking a consultant to prepare a comprehensive context on residential architecture in the Loomis Addition, Fort Collins, from circa 1880 through the present. 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, 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), May 16, 2014 and referenced as Proposal No. 7635. 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, Karen McWilliams at (970) 224-6078 or kmcwilliams@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. Questions must be submitted in writing via email to Karen McWilliams, with a copy to Ed Bonnette, no later than 5:00 PM (our clock) on Friday, May 2, 2014. 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 7636 Loomis Addition Historic Context Page 2 of 22 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 7636 Loomis Addition Historic Context Page 3 of 22 REQUEST FOR PROPOSAL 7635 LOOMIS ADDITION HISTORIC CONTEXT BACKGROUND AND GOALS This project will result in a comprehensive historic context of the 15-block Loomis Addition. Located west of Fort Collins’ downtown, the Loomis Addition contains 417 residential properties. Two thirds of the existing homes were built between 1885 and 1920, with the largest proportion of these houses (179) constructed from 1901 to 1910. A map is attached. The City will complete this project in partnership with the recently formed preservation advocacy group, Protect Our Old Town Homes (POOTH). This project will support the City’s and POOTH’s shared objectives of encouraging historic preservation through neighborhood education and awareness. POOTH and the City will disseminate the context to property owners and to the public, through mailings, on-line, and at meetings and workshops. The context will also serve as a basis for the Landmark Preservation Commission and City Council to evaluate the potential eligibility of properties for designation, and will be used in the review of planning and development requests in and around the Loomis Addition. PROJECT BUDGET This project is funded in part by a grant from History Colorado through the Certified Local Government grant program. The budget for this project shall not exceed $19,800. PROJECT SCHEDULE The estimated project schedule covers approximately five months of staff and consultant commitment between June 1, 2014 and November 1, 2014. QUALIFICATIONS - The firm selected will demonstrate successful experience in and a strong understanding of historic preservation philosophies and practices, and in the researching and writing of historic contexts. A resume shall be submitted for each person working on the project, and all personnel must be identified in the proposal. All key personnel shall meet the Secretary of the Interior’s professional qualifications for Historians or Architectural Historians (36.CRF.61). The Project Manager shall assume ultimate responsibility for project deliverables and will be the primary contact for the project. History Colorado, at its discretion, shall have the opportunity to participate in the selection of any consultant hired to conduct any portion of this contract. No member, officer or employee of the City of Fort Collins, including the Landmark Preservation Commission, shall have any interests in the agreement or the proceeds thereof, except that such persons may provide technical consultative or oversight assistance in a voluntary capacity. SCOPE OF WORK The City is seeking a consultant to prepare a comprehensive context on residential architecture in the Loomis Addition, Fort Collins, from circa 1880 through the present. RFP 7636 Loomis Addition Historic Context Page 4 of 22 The consultant will: 1. Conduct thorough research on the history, growth and development of the Loomis Addition to prepare the context. The context shall include at a minimum: a. Information on local, state, and national trends affecting the neighborhood throughout its existence; b. Information on significant individuals and groups associated with the Loomis Addition; c. Information on important events; d. Information on land development patterns, and on common and unusual architectural styles, materials, and construction techniques present in the neighborhood; e. Information on the architects, builders and craftsmen that worked on buildings in the neighborhood; f. A comprehensive bibliography. 2. Submit a draft and final context. The draft context will be reviewed by the City’s Historic Preservation Division staff and by the Landmark Preservation Commission, prior to submittal to History Colorado for its comments. Following any revisions, the final context will be submitted for approval in the same manner. 3. Attend and present the results of the project at a minimum of two public meetings or events. Minutes or a summary of these meetings or events shall be submitted to History Colorado by the City. Products/Deliverables: Document Format and Requirements All draft and final products shall become the property of the City of Fort Collins. The contexts shall be completed using Microsoft Word. Documents shall be furnished to the City in both hard copy and electronic formats. The consultant shall provide two (2) unbound copies of the draft context, plus .docx file; and one (1) unbound and three (3) bound copies of the final context, with comprehensive bibliography and all attachments. The final context shall also be provided electronically in .docx file and as a “web ready” document in Adobe Acrobat.pdf format. Additionally, the consultant shall submit a copy of all research material compiled for the context at the end of the project. Whenever possible, research materials shall be provided electronically, in Microsoft Word, Adobe Acrobat.pdf, and .jpg, .tif, or .png photograph and map files, or other format acceptable to the City. SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm based upon approach, methods, qualifications and experience, availability, and general cost estimate. The City of Fort Collins reserves the right to reject any or all proposals or accept what is, in its judgment, the best proposal. All respondents are required to include the following information in RFP 7636 Loomis Addition Historic Context Page 5 of 22 the submittal as a minimum. Respondents are to number and name each section as follows: 1. Cover Letter Include a cover letter introducing your company, summarizing your qualifications, and detailing any exceptions to this request for proposals. This letter should also provide principal contact information, including address, telephone number, fax number, e-mail, and website (if applicable). 2. Methods and Approach to Scope of Services a. Success of this project will be defined by the timely completion of each component of the project and by the accuracy and thoroughness of the final products. Describe how the scope of services will be achieved within the specified timeline while providing a quality context. b. Provide a schedule of project milestones with completion dates. c. Provide a description of each major task you anticipate for the project. Include the total number of hours your firm will allocate for each task, how you will accomplish the task, and what the end product will be. d. Describe the content of the final context, including anticipated chapter or subject headings. e. Describe any project approaches or ideas that you would use on this project that would enhance the quality of your services and the final product. f. Describe the anticipated interaction with the City and the public. 3. Company and Personnel Qualifications a. Describe your firm’s capability to provide the necessary consultant services for this project. b. List the people that will work on this project and the amount of time each is expected to spend on the project. Provide a resume for each person, including the primary project manager. The project manager shall assume ultimate responsibility for project deliverables and will be the primary contact for the project. c. Provide information from at least three similar projects, if applicable; for each, include the following information: 1) Organization name, 2) Contact name, 3) Phone number and email address, 4) Brief description of project scope and budget 5) Status of project RFP 7636 Loomis Addition Historic Context Page 6 of 22 The City reserves the right to contact the references provided in your proposal as well as other references without prior notification to you. d. History Colorado, at its discretion, shall have the opportunity to participate in the selection of any consultant hired to conduct any portion of this contract. e. No member, officer or employee of the City of Fort Collins, including the Landmark Preservation Commission, shall have any interests in the agreement or the proceeds thereof, except that such persons may provide technical consultative or oversight assistance in a voluntary capacity. 4. Costs of Services a. Provide a cost for the consulting services and products broken down per task listed under the scope of services. b. Provide hourly rates for your personnel and all subcontractors. These rates will be considered valid throughout the project. c. Show a breakdown of all reimbursable expenses required to complete the work. 5. Availability a. Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. RFP 7636 Loomis Addition Historic Context Page 7 of 22 RFP 7636 Loomis Addition Historic Context Page 8 of 22 Vendor Statement: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete a PROFESSIONAL SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL: EMERGENCY: BACKUP: RFP 7636 Loomis Addition Historic Context Page 9 of 22 Compensation and Contract Process 1. After contract award, progress invoices shall be billed as provided for in the contract, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. 2. 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. 3. The selected Contractor shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). 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: 906-07 Architect Services, Professional 918-15 Architectural Consulting 906-10 Buildings - Architectural Design 918-63 Housing Consulting 906-48 Historical Preservation 918-92 Urban Planning Consulting 918-12 Analytical Studies and Surveys (Consulting) 918-98 Urban Planning Consulting RFP 7636 Loomis Addition Historic Context Page 10 of 22 REVIEW AND ASSESSMENT Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7636 Loomis Addition Historic Context Page 11 of 22 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 If a study, did it meet the Scope of Work? RFP 7636 Loomis Addition Historic Context Page 12 of 22 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 7636 Loomis Addition Historic Context Page 13 of 22 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 $1,000,000, in accordance with Exhibit , RFP 7636 Loomis Addition Historic Context Page 14 of 22 consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) 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. 7. 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 7636 Loomis Addition Historic Context Page 15 of 22 reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. 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. 9. 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. 10. 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. 11. 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 7636 Loomis Addition Historic Context Page 16 of 22 12. 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. 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. 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. RFP 7636 Loomis Addition Historic Context Page 17 of 22 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. 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 RFP 7636 Loomis Addition Historic Context Page 18 of 22 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. RFP 7636 Loomis Addition Historic Context Page 19 of 22 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. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7636 Loomis Addition Historic Context Page 20 of 22 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: _______________________________ Date: _______________________________ RFP 7636 Loomis Addition Historic Context Page 21 of 22 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 7636 Loomis Addition Historic Context Page 22 of 22 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.