HomeMy WebLinkAboutRFP - 7522 RIVERSIDE BRIDGE DESIGN SERVICESREQUEST FOR PROPOSAL
7522 RIVERSIDE BRIDGE REPLACEMENT DESIGN SERVICES
The City of Fort Collins is requesting proposals from qualified firms to provide
engineering design, plan and specifications preparation, and construction engineering
support services for Riverside Avenue Bridge over Spring Creek by Edora Pool Ice
Center (EPIC). All consultants submitting proposals shall be pre-qualified with CDOT
for BR - Bridge Design, HD – Highway and Street Design, and HY - Hydraulics Design.
Design of urban design enhancements to the bridge will be included.
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), July 9,
2013 and referenced as Proposal No. 7522. 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.
A pre-bid meeting will be held on June 19, 2013 at 10:00am at 215 N Mason, Ft
Collins, CO Room 2E.
Questions concerning the scope of the project should be directed to Project Manager,
Jin Wang at (970) 416-2292 or jwang@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,
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 7522 Riverside Bridge Replacement Design Services Page 1 of 30
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.
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
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REQUEST FOR PROPOSALS
7522 RIVERSIDE BRIDGE REPLACEMENT DESIGN SERVICES
The City of Fort Collins is seeking proposals from qualified consultants to provide
engineering design, plan and specifications preparation, and construction engineering
support services for Riverside Avenue Bridge over Spring Creek by Edora Pool Ice
Center (EPIC). All consultants submitting proposals shall be pre-qualified with CDOT
for BR - Bridge Design, HD – Highway and Street Design, and HY - Hydraulics Design.
Design of urban design enhancements to the bridge will be included.
Scope of Services
The services will consist of all services necessary to perform design engineering of the
replacement bridge, adjacent roadway, overall plan and specification preparation, public
open house assistance, report preparation, and permit application assistance. The
design phase is funded by local funds. Funding for construction has not being identified.
The scope of design services shall ensure that the final deliverables can be used to seek
federal funds for the construction phase.
General Project Description
The project is located on Riverside Avenue, about 900 feet south of Prospect Road.
The intent is to replace the structural deficient bridge and raise Riverside Avenue
adjacent to the bridge out of the FEMA floodway.
Project Requirements
DBE Goals
There is no DBE goal for this design engineering contract. Even though there is
no goal to be met, the consultant is encouraged to utilize DBE firms wherever
possible to support the program.
General Requirements
The consultant will be expected to provide a full range of engineering services for
the successful completion of construction plans and specifications. The services
shown below are not to be considered the final scope of work. The final scope of
work will be determined between the selected consultant and the City.
All work shall be completed using the latest AASHTO, CDOT, City of Fort Collins,
ADA and Draft PROWAG design and construction standards or guidelines, best
practices, and procedures.
Structure Selection Report
The consultant will be provided with survey data of the project site. City survey
crews will be available to provide any additional survey information that the
consultant deems necessary for the project. It is required that the project be tied
into the High Accuracy Reference Network (HARN).
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The City will provide the consultant with property ownership and property line
information for the project.
The consultant shall conduct detailed research to update the existing utility
information including utilities potholing. Profiles of utilities are expected to be
shown in the plan set.
The consultant shall document the existing conditions in the report and plan.
A minimum of two structure alternatives shall be analyzed and be included in the
report with cost estimates.
Impacts to the traveling public and trail users including the possibility of road
closures and duration of construction must be considered in development of the
structure selection alternatives.
Structure selection reports shall be per CDOT requirements, incorporating, but
not limited to, any other information that is requested in this section.
Urban Design shall be documented in the reports. A minimum of two conceptual
designs is required.
A public meeting is anticipated before the structure selection report is finalized.
The consultant shall provide the City with exhibits of alternatives analyzed for the
meeting and be in attendance as necessary.
Urban Design
The Consultant shall incorporate urban design into the replacement bridge
structure. The urban design consultant shall develop at least two (2) urban
design alternatives for the replacement bridge. These alternatives will utilize
sound Context Sensitive Solution (CSS) principles of evoking the history,
environment and culture of the community into the design. The Consultant will
meet with City staff to review the alternatives and assist in the selection of a
preferred alternative. Once a preferred alternative is selected, it will be refined
according to comments from City staff and a presentation of that alternative will
be made to the City of Fort Collins. Color rendering and construction cost
estimate of both alternatives is required.
Public Outreach
The consultant will assist the City in a public outreach program, typically involving
an open house. Bridge alternatives, urban design alternatives, and anticipated
schedules are typically presented at the open house. Consultant shall provide all
exhibits for the open house.
Other components of the Public Outreach program may include preparing design
alternatives for affected stakeholders.
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Hydraulics and Floodplain Mapping
The consultant is expected to perform all work necessary to prepare a CLOMR
and LOMR for reviews and submittals to the City of Fort Collins and FEMA. The
consultant is expected to work closely with City Floodplain Administration
Division, and the City Parks Department to address their needs in the design of
the bridge and roadway. A copy of the City’s Floodplain Modeling Guidelines can
be found at http://www.fcgov.com/utilities/what-we-do/stormwater/flooding/forms-
documents. Portions of the Spring Creek Trail may need to be redesigned due to
changes in the bridge, roadway, and floodplain.
Preliminary Design (FIR Plan)
At this level, the consultant will be required to provide a design plan for key
components. The plan shall be in CDOT format with City of Fort Collins title
block.
All utility conflicts must be identified. Relocation/removal plans must be
coordinated through the appropriate utility company.
Storm drainage shall be addressed at this level. The City stormwater design
criteria are to be followed. Drainage report may be required.
The consultant will be required to prepare all applications for necessary permits
required prior to construction.
All geotechnical investigation services required for the design of this project shall
be provided by the consultant. The consultant shall coordinate any soil boring
locations with the City. Testing for sulfates is required.
A FIR meeting with the City is required. A cost estimate update will be required.
The consultant will be responsible for preparing documents in accordance with
the local environmental regulations and any other regulations that the consultant
deem necessary to fulfill the requirement of the project scope of services.
During construction if one acre or more of earth disturbance is anticipated a
CDPS permit is required. A Storm Water Management Plan (SWMP) is one of
the requirements for the CDPS permit. The City MS4 permit requirements are to
be followed.
CLOMR submittal is expected at about 60% design.
Final Design (FOR Plan / Construction Bid Plan)
All required reports are to be completed.
The consultant will be required to prepare and complete all applications for
necessary design approval or construction permits.
A FOR meeting with the City is required. A final cost estimate update will be
required.
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Final approved construction plans and specifications, sealed by a Colorado P.E.
are required. A final cost estimate update is also required.
An electronic copy of the construction plans, specifications and estimate are to
be submitted to the City. Formats are to be in AutoCAD, MS Word, MS Excel
and PDF.
Construction Design Support
The selected consultant shall provide bidding and construction design assistance,
including the completion of as-built plans, shop drawing review, and design change
requests.
Project Schedule (Anticipated):
Pre-proposal Meeting June 19, 2013
RFP Submittals Due July 9, 2013
Shortlist by July 23 2013
Conduct Interviews and Selection August 7, 2013
Complete Contract Negotiation August 2013
Project kick-off meeting August/September 2013
Open House March 2014
Structure Selection Report & FIR Plan set by March 2014
Draft CLOMR June 2014
FOR Plan Set November 2014
Construction Plan Bid Set by December 2014
Instruction to Consultants
Submittal Requirements: Qualified consultants interested in performing the work
described in this RFP should submit the following in this order.
1. Qualification of firm and staff proposed to perform the work on this project. This
should include resumes of staff to be used specifically on this project and any
recommendation/commendation letters received for similar past projects.
2. A list of similar projects (with references) completed in the last five years.
3. Critical issues that the consultant considers to be important for the project.
4. A scope of work with planned personnel and estimated hours that your firm feels
necessary for a successful delivery of construction bid plans and specifications.
Upon award of selection, the scope of work will be revised with City staff to
formulate the final scope of work for the project.
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5. Provide a proposed project schedule based on the availability of your staff to
perform the work.
Included in this RFP is:
1. Bridge location map with FEMA floodplain shown.
2. 2011 Bridge inspection report.
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?
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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?
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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.
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. The services to be performed pursuant to this Agreement
shall be initiated within five (5) days following execution of this Agreement. Services shall be
completed no later than_______, 20__. Time is of the essence. Any extensions of the time
limit set forth above must be agreed upon in writing by the parties hereto.
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:
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Professional:
City:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
With Copy to:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
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 $ Optional: according to the
Insurance Requirements attached hereto as Exhibit “ “, consisting of one (1) page.
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
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actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be
made following acceptance of the work by the City. Upon final payment, all designs, plans,
reports, specifications, drawings, and other services rendered by the Professional shall become
the sole property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($ ). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City-verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. [Optional] Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project
containing accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable Mylar base material using a non-fading process to provide for long storage
and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the
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City in an AutoCAD version no older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. 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.
12. 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.
13. 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.
14. 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
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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.
15. 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.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established
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pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
c. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
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f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional’s violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
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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.
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