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HomeMy WebLinkAboutRFP - 7616 WETLAND RIVER & FLOODPLAIN ECOLOGICAL RESTORATIONRFP 7616 Wetland, River and Floodplain Ecological Restoration Page 1 of 22 REQUEST FOR PROPOSAL 7616 WETLAND, RIVER & FLOODPLAIN ECOLOGICAL RESTORATION The City of Fort Collins is requesting proposals from qualified firms for all aspects relating to the restoration of wetland, river and floodplains. 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 2, 2014 and referenced as Proposal No. 7616. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Rick Bachand at (970) 416-2183 or rbachand@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 7616 Wetland, River and Floodplain Ecological Restoration Page 2 of 22 Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 3 of 22 7616 WETLAND, RIVER & FLOODPLAIN ECOLOGICAL RESTORATION Section 1.0: Proposal Requirements 1.1 General Description The City of Fort Collins Natural Areas Department is soliciting proposals from qualified consultants for all aspects relating to the restoration of wetlands, rivers and floodplains. Qualified consultants may be retained for work related to ecological restoration including but not limited to restoration & habitat design, overall project management, floodplain modeling and permitting, and project implementation including site preparation (excavation, grading, ripping, tilling, erosion control etc.), mulching and seeding (drill seed, broadcast, etc.), installation of nursery stock, wetland plugs, etc. and other similar services as requested. 1.2 RFP Schedule • Final Day for Questions: March 24, 2014 (3:00 pm) • Proposals Due: April 2, 2014 (3:00 pm) • Shortlist by: April 15, 2014 • Interviews: April 24, 2014 The project schedule dates listed in italics above are approximate and may change. 1.3 Proposal Submittal The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. All respondents are required to include the following information in the submittal as a minimum. Consultant must be doing business under the present business name for 3 consecutive years. 1. Project Understanding: Provide a summary of the consultant’s philosophy/motivation toward best management and sustainable practices related to ecological restoration that drive the firm’s projects. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective ideas to create a successful plan. Provide a brief summary of your understanding of the restoration of wetlands, rivers and floodplains. 2. Deliverables: Provide a description or examples of how you will present the deliverables and the tools that will be used to create project products. 3. Team Profile: Provide relevant information regarding the team you propose to work on this project including: a. Overview of firm(s) RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 4 of 22 b. Example of four (4) similar current projects (preferably governmental entities) in Colorado with location and reference contacts including name and phone number and the equipment or services provided. c. Team organization (org chart) of key personnel including consultant and construction with titles and specific tasks and availability. 4. A description of the consultant’s capability, background, and technical expertise in the areas identified in this request including individuals and subcontractors who would ultimately work under this contract. 5. Pricing: Provide pricing as requested and include all sub-consultants. 1.4 Contract Requirements The City of Fort Collins Natural Areas Department is seeking qualified consultants to assist staff in all aspects related to wetland and riparian restoration. This request for proposals is not project specific as the City seeks to retain consulting services for on-going and emerging projects. • The City of Fort Collins retains the right to reject any or all proposals and re-solicit, if deemed to be in the best interests of the City of Fort Collins and reserves the right to not interview the top 3 consultant teams. • The City of Fort Collins is exempt from all state taxation including state sales and use taxes. The awarded consultant must sign the attached Professional Service Agreement. All work will be issued by work orders which will be negotiated based upon a fixed fee plus reimbursable costs per the price schedule submitted by the consultant. Awarded consultant will be required to provide insurance and name the City as an additional insured. • Construction contracts over $100,000 will include the City construction contract and include payment and performance bonds. • 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. Billings and payments will be made using the prices listed on the Price Schedule. In the event that a service is requested, which is not listed on the Price Schedule, the Consultant, and the City will negotiate an appropriate unit price for the service Section 2.0: Scope of Work This request for proposal is not project specific. It is our intent to select a consultant that is available on an “on-call” project basis for one year with the option to renew 4 RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 5 of 22 more years. Specific projects will be discussed with the consultant that is ultimately selected. 2.1 General Expectations of the Consultant Planning and Design: • Consultant will develop and submit preliminary restoration design and final design for Natural Areas Department approval. Recommend modifications; work with City designee to modify restoration prescription. • All design concepts and plans will take fully into account and comply with required permits including but not limited to FEMA floodplain, USFWS T&E Species, ACOE wetland, as well as state and local permits as required. • Consultant should describe nature of arrangement for contract grow materials, plant and seed sources, and firms that will provide contract grow services. • Consultant will maintain ongoing communication with the Natural Areas Department representative during all phases of all projects. • Communications will include progress reports, changes in schedule, budget modifications, problems and periodic inspection details. Project Construction: • Consultant will in partnership with City representative manage and oversee all aspects of project construction at the field level. The primary consultant shall oversee and be responsible for the work of all subcontractors and be present each day (in the field) while construction activities are on-going. • Consultant will ensure quality control over all aspects of projects. • Consultant may occasionally interact with the public relative to on-going activities. The consultant is expected to provide accurate information in a professional and courteous manner. Soil Management and Erosion Control: • Consultant will ensure soil suitability prior to planting. If not suitable consultant shall provide recommendations for amendments. • Native topsoil is expected to be salvaged, unless otherwise directed by Natural Areas staff. • Natural Areas staff must approve of any soils being brought on site prior to its arrival. • Consultant will ensure expose soils are controlled for erosion consistent with the City’s erosion control guidelines. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 6 of 22 • Erosion control measures (such as silt fence, sediment traps, tracking pads, geofabric and/or bioengineering measures) shall be installed to prevent sediment from being transported off-site during construction activities. • All erosion control efforts must be maintained and in good repair by consultant for the duration of the project. Consultant must remove silt fence at the end of the project. Vegetation and Planting guidelines: • Consultant will use only plants native to the Fort Collins region. All plant stock needs to be approved by Natural Areas Department staff, before planting or seeding. • Wetland forb and grass live plant material must be 10 cubic inch Ray Leach supercell size containers or larger. Woody plant material may be bare-root or ball and burlap. • Consultant shall be responsible for ensuring that outside weed seed is not being transported onto natural area. This includes power-washing equipment (including trucks) prior to entering the site. • Salvage plants must be watered immediately following, regularly throughout, and after construction of site. • Consultant may be required to provide post construction/installation monitoring to quantitatively demonstrate performance of designed features. Landscape Design: • Consultant shall consider design components related to recreation, aesthetics, outdoor experience and other considerations that are harmonious with the natural outdoor setting of restoration projects. • Consultant may work with City educational staff to develop educational materials related to restoration projects that reach out to a diversity of audiences. • Designs that contribute to sustainable practices, materials, ideas, are actively sought as part of this proposal. Likewise, restoration approaches that reduce the need for intensive future management and/or maximize irrigation efficiency are desired. Section 3: Project Schedule(s) and Miscellaneous The selected firm will establish a project schedule on a per project basis and provide routine adjustments and updates to the Natural Areas Department representative. For Sustainable reasons, the City would prefer to work with local contractors if possible. Please list all sub-contractors in your proposal with addresses. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 7 of 22 • Billing of hours will be done on a % project completion basis (50%, 80%, 95%, Final) or at percentages agreed to by the City and the consultant. Requests for advance funds to secure contracts (subcontractors, contract-grow plant material, etc.) must be requested in writing and may be allowable. Section 4.0: Price, Schedule Hourly Rates and Materials Costs Applicant must provide costs (or range of costs) for itemized list below. Please include a list of all equipment beyond the requested with hourly pricing that includes an operator, fuel, maintenance, etc. Category Item (List only that apply) Unit Unit Cost Comments/notes Personnel Principal hourly rate (specify discipline if not listed) Ecologist/biologist hourly rate Fluvial geomorpholgist hourly rate Hydrologist (FEMA models) hourly rate Groundwater specialist Hourly rate Civil engineer (FEMA models) hourly rate GIS/AutoCAD hourly rate Landscape architect/designer hourly rate Administrative support hourly rate Other… hourly rate List as many as needed Construction Costs Mobilization/Demobilization to work sites in Fort Collins per project Please list price per piece of heavy equipment Unclassified excavation cubic yard Heavy machinery operation (Loader) specify size hourly rate Operator and machinery Heavy machinery operation (Trackhoe) specify size hourly rate Operator and machinery Heavy machinery operation (backhoe) specify size hourly rate Operator and machinery Crew Labor hourly per plant installation, RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 8 of 22 person handwork, etc. Local haul rate rate/CY Assume haul locations are within Fort Collins Other… Materials Plains/Narrowleaf Cottonwood Tree stock 5” caliper B&B 1 B& B installed Include staking and caging cost Erosion control fabric SF (e.g. C125BN) Hydromulch Per acre Installed native wetland live plug Per plug Use a Generic species RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 9 of 22 Section 5.0 Review and Assessment 5.1 Evaluation Criteria Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects as generally described? RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 10 of 22 5.2 Reference Evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 11 of 22 Section 6.0 Vendor Statement (Please note: This form must be included in your proposal) I have read and understand the specifications and requirements for this proposal and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete a Professional Services Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME _________________________________________________________ Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE _________________________________________________________ PRINTED _________________________________________________________ ADDRESS _________________________________________________________ _________________________________________________________ PHONE _________________________________________________________ EMAIL _________________________________________________________ 6.1 Compensation and Contract Process A. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct secondary evaluations. B. The selected Service Provider shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. D. The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 12 of 22 Section 7.0 Sample Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 13 of 22 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 general liability insurance in the amount of $500,000 combined single limits and errors and RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 14 of 22 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 approval of the Professional's reimbursable direct costs. Final payment shall be made RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 15 of 22 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 purpose. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 16 of 22 12. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 13. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 17 of 22 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 18 of 22 Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 19 of 22 e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 20 of 22 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [INSERT PROFESSIONAL'S NAME] OR [INSERT PARTNERSHIP NAME] OR [INSERT INDIVIDUAL'S NAME] OR By: __________________________________ Title: _______________________________ Date: _______________________________ RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 21 of 22 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7616 Wetland, River and Floodplain Ecological Restoration Page 22 of 22 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.