Loading...
HomeMy WebLinkAboutRFP - 7624 SPRINGER RESTORATION CONTRACT GROWRFP 7624 Springer Restoration Contract Grow Page 1 of 21 REQUEST FOR PROPOSAL 7624 SPRINGER RESTORATION CONTRACT GROW The City of Fort Collins is requesting proposals from qualified firms to provide contract growing for local native species collected by the City of Fort Collins Natural Areas. 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), April 14, 2014 and referenced as Proposal No. 7624. 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. Questions concerning the scope of the project should be directed to Project Manager, Crystal Stouse at (970) 416-2133 or cstrouse@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 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 7624 Springer Restoration Contract Grow Page 2 of 21 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 7624 Springer Restoration Contract Grow Page 3 of 21 REQUEST FOR PROPOSAL 7624 SPRINGER RESTORATION CONTRACT GROW I. SECTION 1 – INTRODUCTION This Request for Proposal (RFP) is issued to provide the selection process for contract growers for local native species. Consultant Selection Process: • Final Day for Questions: April 4, 2014 (5:00 pm) • Proposals Due: April 14, 2014 (3:00 pm) • Shortlist by: April 23, 2014 • Interviews: TBD The project schedule dates listed in italics above are approximate and may change. II. SUBMITTAL REQUIREMENTS All respondents are required to include the following information in the submittal as a minimum. Please submit your response in this order. 1. Project Understanding: Provide a brief summary of your understanding of the project. 2. Approach: Describe your recommended approach to achieve the Scope of Work described. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective ideas to create a successful plan. 3. Team Profile: Provide relevant information regarding the company team you propose to work on this project including: a. Overview of firm(s) b. Examples of projects with location and reference contacts c. People (experience, availability, commitment) d. Proposed team organization (org chart) of key personnel with titles and specific tasks 4. Schedule: Can you company meet the schedule? 5. Budget: Provide a cost per plant, TZ testing and any inoculant that may be needed. The price per plant must include all cost and include shipping. Within your response, please include how you would work with City staff to conduct the project in an effort to save costs wherever possible. A maximum number of 15 double-sided pages (30 pages total) are allowed for this proposal (not including resumes and samples of work). The proposal can be submitted in electronic format as a PDF on a CD or DVD. RFP 7624 Springer Restoration Contract Grow Page 4 of 21 III. CONTRACT TERM This is a one year agreement and 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. IV. SCOPE OF WORK General  All seed, plants and cuttings will be provided solely by City of Fort Collins Natural Areas Department staff to the grower. All germplasm utilized by the grower must be that which was provided directly by the City of Fort Collins Natural Areas Department. The use of any germplasm other than that provided by the City of Fort Collins Natural Areas Department will result in immediate disqualification of the responsible grower/nursery, as well as the potential for legal action.  Grower will strive to grow approximately 39,711 herbaceous plants and 587 woody, native plant species from the seed, plants and/or cuttings provided by the City of Fort Collins.  All herbaceous plants must be grown in 10 cu. in. plug containers, or alternative containers of a similar size, dimension, and attribute as preapproved by the City of Fort Collins Natural Areas Department.  Woody plant species may be grown in the following containers: 10 cu. in. plug or 8”x 1.5”.  Staff will provide seed species to grower for two years and will deliver seed by December 1st in years 2014 and 2015. Species shall be determined by City of Fort Collins staff. Potential plant species are listed below.  Grower must determine the best means to propagate woody plants and allow City of Fort Collins staff sufficient time to collect and deliver plant materials.  Cuttings will be delivered by the City of Fort Collins, at a time determined best for the success of the plant species by the grower.  Seed will be cleaned, pretreated for planting, germinated and grown by grower. All seed will also be certified in terms of purity and viability (through Tetrazolium [TZ] testing) by the Colorado State University Seed Laboratory, by the grower.  All collected seed lots will be required to have baseline testing data through the Colorado Seed Testing Laboratory at Colorado State University. All collected seed will be tested for purity as well as viability. Viability will be tested through TZ testing. The Colorado Seed Testing Laboratory results will be provided to the project as evidence of seed purity and viability in order to provide a baseline from which estimated Pure Live Seed, as well as any potentially noxious or invasive species, can be identified for the provided seed lots. RFP 7624 Springer Restoration Contract Grow Page 5 of 21  The grower shall inoculate all containerized plant materials with an appropriate mycorrhizal fungi mix for those species that are included in the scope of work for this contract. All deviation from a species-specific mycorrhizae mix will need to be pre-approved by the City of Ft. Collins Natural Areas Program. The City of Ft. Collins, at its discretion, will perform analysis to confirm that mycorrhizal inoculation was successfully performed for the included species by the contractor.  Plant availability is subject to propagation material available. The City of Fort Collins Natural Areas Department reserves the right to alter the requisite plant species as required by the project.  All plant materials provided by the City of Fort Collins are to be used exclusively by the City of Fort Collins Natural Areas Department.  All remaining plant material whether grown by seed or cuttings, regardless of condition, shall be returned to the City of Fort Collins by the end of the contract period. All materials provided by the City of Fort Collins Natural Areas Department remain the sole property of the City. Failure to account for all plant material will result in immediate disqualification of the responsible grower/nursery as well as well as the potential for legal action. Health  All plants shall be insect, pest, weed and disease free.  All plants must be healthy, alive and have vigorous growth.  Each plant must be properly labeled with its own tag, clearly listing the scientific name of the plant species.  Plants must be true to the plant species name indicated on its label. Stems/Trunk  For trees and shrubs – trunk and stems should be fairly straight, free of wounds, sunburned areas, conks, wood cracks, bleeding areas, signs of boring insects, galls, cankers/lesions and girdling ties.  Trees – trees species shall only have a single, relatively straight central leader free of codominant stems and vigorous upright branches that compete with the central leader.  Shoot growth on all plant material should be typical for the age and size of the species. Shoots should not be broken, diseased, distorted, dead or have any other serious branch injuries.  All plant forms should be typical for the particular plant species, as specified. Leaves  Leaves should be typical in size, shape, color and appearance for the time of year and stage of growth for the particular plant species. RFP 7624 Springer Restoration Contract Grow Page 6 of 21  Leaves should not be torn, withered, discolored, damaged by insects or any other abiotic or biotic source.  Leaves must reflect a healthy, vigorous plant condition. Roots  Roots shall be vigorous and healthy.  Root system should be free of injury from biotic (insects, pathogens etc…) and abiotic agents (herbicide toxicity, salt injury, excess irrigation etc…)  Root distribution should be uniform throughout the soil mix or growth media and typical for the species.  When rootball is removed from its container it should remain intact with a minimal to no soil loss and/or sloughing  Roots shall not be overgrown for container or root bound. Roots shall not be discolored, spiraled, j-hooked, or otherwise of a decadent nature. Delivery  Herbaceous plants shall be hardened off for a minimum of three weeks prior to delivery.  At time of inspection and delivery the rootball shall be moist throughout. The roots shall show no signs of excess soil moisture conditions as indicated by poor root growth, root discoloration, distortion, death or foul odor, or the presence of water roots.  The City of Fort Collins reserves the right to reject herbaceous plants, shrubs and trees that do not meet specifications as set forth in these guidelines. If a particular defect or substandard element can be easily corrected, appropriate remedies shall be required.  Notification of delivery by grower shall occur one week prior to delivery day.  Grower must guarantee that all plant material arrives healthy, vigorous and without damage.  Grower must receive acceptance and approval of plant material from City of Fort Collins staff that are certified to acknowledge the specifications outlined in this document. Breakdown of Plants to Grow Type of Planting Material Size of Material Approximate Number of Plants Herbaceous 10 cu. in. or 4 inch pots 39,711 Woody 10 cu. in. or 8”x 1.5” or bare root 587 RFP 7624 Springer Restoration Contract Grow Page 7 of 21 Schedule for Project  April/May 2014 – Meeting with contractor to discuss best propagation techniques, collection timing and collection techniques for the plants listed below. Dates for collecting woody plant species will be decided at this time.  June 2014- Oct 2014 – City of Fort Collins staff will collect seed of species available.  November 1, 2014 – Seeds will be delivered to grower in individual paper bags with scientific name written on the bag.  December 2014- June 1, 2015 – Grower will clean, pretreat, germinate and grow collected seed.  June 1, 2015- Grower will contact City of Fort Collins staff with expected delivery date.  June 8th -12th – Grower will deliver propagated plant materials to City of Fort Collins Natural Areas Department at 1745 Hoffman Mill Road, Ft. Collins, CO. 80524. Repeat Schedule through June 2016 V. POTENTIAL PLANT MATERIALS List of Herbaceous Plant Material Forbs - Meadow anemone (Anemone canadensis) - Marsh milkweed (Asclepias incarnata) - Western virgin’s bower (Clematis ligusticfolia) - Tufted hairgrass (Deschampsia caespitosa) - Joe pye weed (Eutrochium maculatum) - Marsh sunflower (Helianthus nuttalii) - Duck potato (Sagittaria cuneata) - Lanceleaf figwort (Scrophularia lanceolata) - Giant goldenrod (Solidago gigantea) - Geyer’s aster (Symphyotrichum laeve var. geyeri) - Purple meadowrue (Thalictrum dasycarpum) - Blue verbena (Verbena hastata) Grasses - Prairie sandreed (Calamovilfa longifolia) - Fowl bluegrass (Poa palustris) - Sandberg bluegrass (Poa secunda) - Prairie cordgrass (Spartina pectinata) - Yellow Indiangrass (Sorghastrum nutans) Sedges or Rushes - Water sedge (Carex aquatilis) - Jointleaf rush (Juncus articulatus) - Drummond’s rush (Juncus drummondii) - Dudley rush (Juncus dudleyi) RFP 7624 Springer Restoration Contract Grow Page 8 of 21 - Swordleaf rush (Juncus ensifolius) - Hall’s rush (Juncus hallii) - Longstyle rush (Juncus longistylis) - Torrey’s rush (Juncus torreyi) - Starry false solomonseal (Maianthemum stellatum) - Cutleaf coneflower (Rudbeckia laciniata var. ampla) - Common threesquare (Schoenoplectus pungens) - Panicled bulrush (Scirpus microcarpus) List of Woody Plant Material - American currant (Ribes americanum) - Chokecherry (Prunus virginiana subsp. melanocarpa) - American plum (Prunus americana) - Plains cottonwood (Populus deltoides ssp. monolifera) - Golden currant (Ribes aureum) - Thinleaf alder (Alnus incana ssp. tenuifolia) - Leadplant (Amorpha fruticosa) - Water birch (Betula occidentalis) - Redtwig dogwood (Cornus sericea) - Snowberry (Symphoricarpos occidentalis) RFP 7624 Springer Restoration Contract Grow Page 9 of 21 VI. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7624 Springer Restoration Contract Grow Page 10 of 21 VII. 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 7624 Springer Restoration Contract Grow Page 11 of 21 VIII. SAMPLE PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT (For informational purposes- do not fill- in or submit with proposal) 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 , 201 , and shall continue in full force and effect until , 201 , 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 RFP 7624 Springer Restoration Contract Grow Page 12 of 21 mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: 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 RFP 7624 Springer Restoration Contract Grow Page 13 of 21 general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) 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 RFP 7624 Springer Restoration Contract Grow Page 14 of 21 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. 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 RFP 7624 Springer Restoration Contract Grow Page 15 of 21 purpose. 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 RFP 7624 Springer Restoration Contract Grow Page 16 of 21 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. 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 RFP 7624 Springer Restoration Contract Grow Page 17 of 21 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the RFP 7624 Springer Restoration Contract Grow Page 18 of 21 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. 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 7624 Springer Restoration Contract Grow Page 19 of 21 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 7624 Springer Restoration Contract Grow Page 20 of 21 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 7624 Springer Restoration Contract Grow Page 21 of 21 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.