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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 RFP 7522 Riverside Bridge Replacement Design Services Page 2 of 30 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). RFP 7522 Riverside Bridge Replacement Design Services Page 3 of 30  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. RFP 7522 Riverside Bridge Replacement Design Services Page 4 of 30 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. RFP 7522 Riverside Bridge Replacement Design Services Page 5 of 30  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. RFP 7522 Riverside Bridge Replacement Design Services Page 6 of 30 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? RFP 7522 Riverside Bridge Replacement Design Services Page 7 of 30 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 7522 Riverside Bridge Replacement Design Services Page 8 of 30 RFP 7522 Riverside Bridge Replacement Design Services Page 9 of 30 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: RFP 7522 Riverside Bridge Replacement Design Services Page 10 of 30 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 RFP 7522 Riverside Bridge Replacement Design Services Page 11 of 30 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 RFP 7522 Riverside Bridge Replacement Design Services Page 12 of 30 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 RFP 7522 Riverside Bridge Replacement Design Services Page 13 of 30 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 RFP 7522 Riverside Bridge Replacement Design Services Page 14 of 30 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. RFP 7522 Riverside Bridge Replacement Design Services Page 15 of 30 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. RFP 7522 Riverside Bridge Replacement Design Services Page 16 of 30 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 RFP 7522 Riverside Bridge Replacement Design Services Page 17 of 30 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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