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HomeMy WebLinkAboutRFP - 9078 MOUNTAIN AVENUE RESHAPING PROJECTRFP 9078 Mountain Avenue Reshaping Project Page 1 of 29 REQUEST FOR PROPOSAL 9078 MOUNTAIN AVENUE RESHAPING PROJECT The City of Fort Collins is requesting proposals from qualified Vendors to conduct a design study for Mountain Avenue - from Howes Street to the Lincoln Avenue Bridge. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Proposals must be submitted before 3:00 PM MST on February 17, 2020. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. A pre-proposal meeting will be held at 2:00 PM MST, on January 31, 2020, in Room 2E (Training Room) at 215 N Mason St., Fort Collins. All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at edale@fcgov.com, with a copy to Seth Lorson, Project Manager at slorson@fcgov.com, no later than 5:00 PM MST (our clock) on February 5, 2020. Please format your e-mail to include: RFP 9078 Mountain Avenue Reshaping Project in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. 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 9078 Mountain Avenue Reshaping Project Page 2 of 29 The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9078 Mountain Avenue Reshaping Project Page 3 of 29 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Vendors to conduct a design study for Mountain Avenue - from Howes Street to the Lincoln Avenue Bridge. The objectives for the project include: • Create design concepts and elements that support all travel modes and functionality, while maintaining flexibility for future innovations • Consider all current and future uses when creating a new design • Engage stakeholders in design creation and decision making • Design with the City’s climate goals, equity, and inclusion in mind • Continue the tradition of Downtown Fort Collins’ uniqueness, great design, beauty, economic vibrancy, and user experience in a 24-hour timeframe • Create design concepts and elements that are safe and comfortable for all modes, especially those most vulnerable such as pedestrians and cyclists • Create a design that retains or enhances access to businesses and the ability to host events B. Background The purpose of the Mountain Avenue Reshaping Concept Study is to identify future improvements for Mountain Avenue between Howes Street and the Lincoln Avenue Bridge to address known and developing issues such as missing sidewalks, pedestrian crossings, streetscape deficiencies, auto circulation, bicycle facility gaps, intersection functionality and curb-use demand (deliveries, on-demand pickups and drop-offs). The Concept Study will develop a vision for Mountain Avenue that celebrates the importance and history of the corridor that is beautiful and user friendly, and also supports the businesses along and adjacent to Mountain Avenue. The goal of this project is to examine the feasibility of new design concepts and elements for Mountain Avenue that supports all travel modes, working functionality, future innovations, while respecting the historic context of the area and reinforces the beauty and sense of identity of Downtown Fort Collins. II. SCOPE OF PROPOSAL A. Scope of Work A successful consultant team will bring leadership in innovative transportation, parking, and streetscape design, illustrative traffic analysis, and design charrette experience. The team will need to be familiar with the City of Fort Collins and be prepared to sensitively engage with citizens and downtown stakeholders. City staff will be responsible for the overall project management, and public engagement process. The consultant is expected to provide expertise in creating vibrant streets with RFP 9078 Mountain Avenue Reshaping Project Page 4 of 29 retail and entertainment uses and demonstrative experience with innovative transportation solutions, provide streetscape graphics, conduct an extensive design charrette to garner an initial conceptual design, and revise the design during the public and stakeholder engagement process. Task 1: Work Plan The first task will be for the selected consultant to work with City staff to develop a work plan to guide the study effort. This will include (at a minimum) the following elements: a. Refined scope of work with detailed study tasks and levels of detail b. Detailed schedule identifying key milestones and deliverables c. Refine the public involvement plan which the City has already drafted d. Staffing plan which identifies consultant and City staff roles e. Define strategy for incorporating public and stakeholder feedback into design f. Engage with the Steering Committee regarding the work plan, public engagement, design, and alternatives. Task 2: Existing and Future Conditions The second task will provide a brief understanding of the conditions of Mountain Avenue. This task will provide the basis for public engagement for the development of the conceptual design. The Task 2 deliverable will be a graphic-heavy existing and future conditions report to be prepared by the selected consultant that 1) reviews current uses of Mountain Avenue, and 2) identifies existing or future needs of Mountain Avenue based on the City’s existing plans. Elements of this task include the following: 1. EXISTING OPERATIONAL CONDITIONS a. Modal usage: (City to provide data) i. Vehicle counts (daytime and nighttime counts) ii. Pedestrian counts (daytime and nighttime counts) iii. Bicycle counts (daytime and nighttime counts) iv. Railroad crossings and frequencies and durations (B.N.S.F. & U.P.) b. Curb and street usage: (City to provide data) i. Parking inventory and occupancy ii. TNC activity (as available) iii. Emergency Services (Police, ambulance, and fire) iv. Deliveries v. Events vi. Misc. (wagon rides etc.) c. Business/Stakeholder feedback: RFP 9078 Mountain Avenue Reshaping Project Page 5 of 29 i. Steering Committee ii. Business Engagement Committee 2. EXISTING PHYSICAL CONDITIONS a. Plan view and aerial of corridor including: (City to provide information and resources, Consultant to provide graphics) i. Public right of way (ROW: sidewalks, plazas, public art, street trees, street amenities, medians, transit stops, parking, bike lanes, travel lanes, mid-block and intersection crosswalks) ii. Abutting buildings/plazas iii. Access points iv. Parking lots and structures (both public and private) v. Land uses and property owners vi. Historic landmarks and heritage streetscape elements vii. Areas of art and cultural significance b. Cross-sections by block (6 blocks: Howes to Lincoln Avenue bridge) – may require multiple cross-sections per block to adequately capture the changing conditions throughout the block. (City to provide information and resources, Consultant to provide graphics) 3. FUTURE NEEDS AND GOALS This section will provide a high-level understanding of land use, public space, and transportation trends for Downtown Fort Collins in the next 10-20 years. This task is not an in-depth study, submitting firms should not construct their team based on the future needs assessment. a. Existing Plans that are relevant to this design: (City to provide direction from plans) i. Downtown Plan (https://www.fcgov.com/planning/pdf/2017_0518_DowntownPlan.pdf) ii. Bicycle Master Plan (https://www.fcgov.com/bicycling/pdf/2014BicycleMasterPlan_adopted_final.p df?1461016033) iii. Jefferson Street Alternative Analysis iv. Parking Plan v. Transportation Master Plan vi. Pedestrian Priority Plan b. Future Land Uses: Land uses will determine demand of various travel modes and the character of the street and sidewalk. Guided by the Downtown Plan and other land use trends, the future land uses along Mountain Avenue will be used RFP 9078 Mountain Avenue Reshaping Project Page 6 of 29 to inform the design alternatives. (City to work with consultant to garner trends and best practices) c. Public Space: Downtown is full of highly utilized public spaces such as extra- wide sidewalks, plazas, improved alleyways, and the street during events. These spaces make Downtown unique and comfortable for all users and will continue to be an important element of its success. d. Curb Management: With the introduction of TNCs (Uber/Lyft) and forthcoming autonomous vehicles, we are seeing a greater demand for temporary use of curb space. In other communities this demand has bled over into travel lanes and is creating congestion and hassle. On weekend and some weekday nights in Fort Collins the curb demand is so high that Police Services are needed to manage the space and crowds. This design will identify future demand and areas of opportunity to facilitate these uses. (City to work with consultant to garner trends and best practices) e. Parking Demand: In the core of Downtown parking is a premium resource and much has been discussed about its management. Mountain Avenue’s inventory will be considered in design alternatives through a lens of demand, needs, economic vitality, climate goals, and changing innovations. (City to work with consultant to garner trends and best practices) f. Travel Mode Mix: Based on demand, trends, and other city goals as articulated in the City’s existing plans the future mix of vehicles, bicycles, pedestrians, and others (scooters, skateboards…) will inform the design alternatives. (City to work with consultant to garner trends, best practices, and model demand) g. Utilities: Future utility upgrades both underground (wet and dry) and stormwater, or new utilities such as fiber or small cell need to be considered when designing. (City will provide information) h. Visitor and User Experience: Downtown Fort Collins is full of destinations and attractions for residents and visitors. Further, Downtown Fort Collins hosts numerous events throughout the year that account for hundreds of thousands of visitors. (City and Steering Committee to work with consultant) 4. ISSUE IDENTIFICATION This section will be a synthesis of the Task 2: Existing and Future Conditions. It will focus on the greatest needs of the corridor and prioritize them for Task 3. RFP 9078 Mountain Avenue Reshaping Project Page 7 of 29 a. Stakeholder engagement: In-person project introduction, invitation to participate, and preliminary SWOT (strengths, weaknesses, opportunities, and threats) and operational survey will be conducted. i. Door-to-door for adjacent businesses ii. Presentations at business meetings iii. Presentations at City boards and commissions iv. Digital outreach for general public Task 3: Design Charrette The selected consultant will plan and conduct a thorough and inclusive design charrette to create one conceptual design with possible alternative elements which will then be vetted through additional public engagement. The charrette will introduce the project and its objectives, existing and future conditions, SWOT results (strengths, weaknesses, opportunities, and threats engagement exercise), preliminary stakeholder feedback, and innovative considerations to frame the design process. Design Considerations: Based on the initial budget description, some baseline considerations for the alternatives include: a. Bicycle lanes throughout b. Innovative roundabout solution at Walnut c. Enhance pedestrian facilities d. Street greening opportunities e. Parking numbers and improved access to on-street and other parking facilities f. Vehicular operations including intersection design g. Access to adjacent businesses h. Compliance with Old Town Historic District Standards: https://www.fcgov.com/historicpreservation/pdf/old-town-design- standards.pdf?1566857891 Design Synthesis: The conceptual design shall include the following: a. Cross-sections by block b. Plan view by block c. Intersection configurations Task 4: Design Refinement The conceptual design resulting from the charrette will go through an extensive public engagement process to get feedback and refine the design accordingly. Public and Stakeholder Engagement: The conceptual design will be presented and explained providing opportunity for revisions. Engagement events will include but not be limited to existing meetings, open houses, small group meetings, online participation, and involvement with existing events. Engagement will be primarily focused on the following groups: a. Adjacent businesses RFP 9078 Mountain Avenue Reshaping Project Page 8 of 29 b. Stakeholder groups: Downtown Development Authority, Downtown Business Association, Visit Fort Collins, Chamber of Commerce c. City boards and commissions d. Downtown visitors i. General public Design Evaluation: Alternatives will be evaluated based upon their performance according to the following: a. Project goals and objectives b. Best practices c. Quantitative performance i. Capacity and operations for each mode based on a 24-hour use timeframe ii. Parking inventory and systematic relationship to implementation of the Parking Plan iii. Curb usage and the interrelationship to deliveries, TNC use, and emergency services and staging based on a 24-hour use timeframe iv. Safety for all users v. Functionality of events and other uses d. Qualitative performance i. Comfort in using the corridor (sense of safety) ii. Convenience iii. Aesthetic beauty iv. Public health v. Flexibility vi. User experience e. Feasibility i. Cost ii. Constructability iii. Construction impact to adjacent businesses f. Public Input g. Triple Bottom Line Scan (TBL-S) i. The conceptual design will be evaluated with the City’s TBL tool to get a better understanding of how it aligns with sustainability principles. Task 5: Final Design Concepts This task will include the synthesis of Tasks 3 & 4 into one final conceptual design with possible alternative elements. It will include a brief summary of the process and proposed implementation. Design Synthesis: The conceptual design shall include the following: a. Cross-sections by block b. Plan view by block RFP 9078 Mountain Avenue Reshaping Project Page 9 of 29 c. Intersection configurations Process Summary: a. Initial feedback b. Design Charrette results c. Design refinement based on evaluation Implementation: a. Next steps: i. Engineering ii. Cost estimates b. Phased approach based on the following priorities: i. Existing deficiencies ii. Low-cost initial improvements Summary of Products/Deliverables Task Lead Product / Deliverable / Engagement Pre-RFP City • Form Management Team, Steering Committee • Create Our City webpage • Present to some City boards 1. WORK PLAN Consultant • Refine scope of work • Refine schedule • Refine public involvement plan 2. EXISTING AND FUTURE CONDITIONS Consultant • Graphic overview of physical attributes • Memo of operational attributes • Memo of existing plan direction • Health Impact Assessment (City lead) • Stakeholder SWOT analysis 3. DESIGN CHARRETTE Consultant • Inclusive and extensive engagement event • Conceptual design 4. DESIGN REFINEMENT Consultant / City • Public and stakeholder engagement • Conceptual design refinement 5. FINAL DESIGN Consultant • Final conceptual design • Next steps recommendations B. Key Areas of Responsibility Mountain Avenue is a very important, historic, and high-profile street in downtown Fort Collins, and is considered as the east-west “Main Street”, which is in complement to College Avenue as the north-south “Main Street”. A successful project will be highly RFP 9078 Mountain Avenue Reshaping Project Page 10 of 29 dependent on public and stakeholder involvement during each phase. Project progress will be transparent and highly vetted through the following stakeholder committees as well as City boards and commissions. a) Project Management Team. The project management team will oversee the work plan, create agendas for Steering Committee meetings, manage public engagement, manage consultant services and budget, and make decisions on project direction. The primary managers of the project will be FC Moves staff and the selected consultant with members of the following City departments closely assisting: Traffic, Engineering, Communications and Public Involvement, Planning, and Economic Health. The project management team will meet 1-2 times per month throughout the duration of the project. b) Steering Committee. The Steering Committee will advise on work plan, public engagement, design and function considerations, and provide direction on design alternatives. The Steering Committee will consist of the project management team with principal stakeholders from the following organizations: Downtown Development Authority (DDA), Downtown Business Association (DBA), Visit Fort Collins, Bike Fort Collins, CDOT, Poudre Fire Authority (PFA), Bohemian Foundation, Bohemian Companies, and City departments: Streets, Parks, Parking, Utilities, Forestry, Police. The Steering Committee will meet every other month throughout the duration of the project for a total of 6 meetings. c) Business Engagement Committee. This committee will be made up of three subcommittees representing the businesses in the following sections of the study area: Howes to College, College to Walnut/Mathews, Walnut/Mathews to Lincoln Bridge. The purpose of this committee is to directly exchange information regarding daily service needs on Mountain Avenue, business observations regarding existing conditions, and provide design input. d) City Staff. City staff will be responsible for the overall project management, and public engagement process. The consultant is expected to provide expertise in creating vibrant streets with retail and entertainment uses and demonstrate experience with innovative transportation solutions, provide streetscape graphics, conduct an extensive design charrette to garner an initial conceptual design, and revise the design during the public and stakeholder engagement process. Seth Lorson will serve as the City of Fort Collins project manager for the Study. The consultant will confer/meet with the project manager on a monthly basis (at a minimum) to review Study progress, present working designs and findings, and solicit direction. Regularly-scheduled meetings with the Management Team will allow the consultant to build and maintain the close working relationship essential for the project’s success. Initial designs and findings developed during the Study will circulate to the Management Team and Steering Committee for review and comment. Relevant comments and requests will be incorporated into the design, based on approval by the project manager. RFP 9078 Mountain Avenue Reshaping Project Page 11 of 29 C. Project Milestones Below are the major milestones to be met during the study. • Completed work plan March 20, 2020 • Existing conditions report April 24, 2020 • Design charrette May 5-7, 2020 • Complete engagement September 2020 • Final design November 2020 D. Anticipated Procurement Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: January 24, 2020 • Pre-Proposal Meeting: 2:00 PM MST on January 31, 2020 • Question deadline: 5:00 PM MST on February 5, 2020 • Proposal due date: 3:00 PM MST (our clock) on February 17, 2020 • Interviews (tentative): Week of March 2, 2020 • Award of Contract (tentative): Week of March 2, 2020 E. Budget The budget for this project is $95,000. F. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. G. Travel & Expenses Vendors are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the Fort Collins Expense guidelines. H. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. I. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, RFP 9078 Mountain Avenue Reshaping Project Page 12 of 29 dividers and Vendor Statement form – Section V.). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. J. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. K. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. L. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Qualified Consultants are invited to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and provide a brief summary of your team’s understanding of the project and the Mountain Avenue Corridor. Please include any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background RFP 9078 Mountain Avenue Reshaping Project Page 13 of 29 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. C. Scope of Proposal 1. Approach: Provide a detailed description of your recommended approach to achieve each of the tasks outlined in the Scope of Work described above. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost-effective ideas to create a successful plan. 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. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 5. Identify what portion of work, if any, may be subcontracted. D. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the scope of work. 2. Provide a minimum of three similar projects highlighting design charrette experience with public agencies in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, title of project, contract price, contact name, email and phone number, sub-consultants on the team and a brief description of the work. 3. References (current contact name, current telephone number and email address) from a minimum of three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed and the dates/timeframes in which services were provided for the referenced user or client. The Proposer authorizes the City to verify any and all information contained in the submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel RFP 9078 Mountain Avenue Reshaping Project Page 14 of 29 1. Provide an Organization Chart/Proposed Project Team containing the names of all key personnel and sub consultants, with titles, and their specific task. 2. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. 3. A resume for each professional and technical person assigned to the Agreement, including partners and/or sub consultants, shall be submitted. Please limit resumes to one page. 4. Describe the availability of project personnel to participate in this project in the context of other professional commitments. 5. Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? F. Availability 1. Provide a detailed project schedule showing key milestones, deliverable dates, proposed meeting dates for the Steering Committee, public meetings and presentations to various boards and commissions. 2. Describe the availability of other qualified personnel to assist in meeting the project schedule if required. 3. Describe the availability of project team members to attend meetings as required by the Scope of Work. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. G. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. H. Cost and Work Hours In your response to this proposal, please provide the following: 1. Project Budget and Work Hours: Provide a proposed not-to-exceed cost for the project that shows work effort by task and personnel, including all sub-consultant rates. The budget should clearly show the time required for meetings and project management and include estimated hours per personnel and task. The project cost shall not exceed the stated project budget. 2. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. RFP 9078 Mountain Avenue Reshaping Project Page 15 of 29 Include a per meeting rate in the event additional meetings are needed. A fee schedule for sub-consultants, if used, shall be included. 3. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Travel expenses may be reimbursable as per the Fort Collins Expense Guidelines. Vendor will be required to provide original receipts to the City for all travel expenses. I. Additional Information It is expected that this project will be a collaborative effort with City. City staff will be working closely with the successful respondent on all aspects of the study and in some cases leading elements of the study. Within your response please include how you would work with City staff to conduct the study in an effort to save costs wherever possible. Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. RFP 9078 Mountain Avenue Reshaping Project Page 16 of 29 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. 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 address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 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 Sustainability/TBL Methodology Does the firm demonstrate how they will incorporate sustainability and the Triple Bottom Line into this project? How will these services help the City achieve their Climate Action Plan goals? 2.0 Cost & Work Hours Does the proposal include detailed cost break- down for each cost element as applicable and are the line-item costs competitive? 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 by 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 project of this type and scope? Definitions RFP 9078 Mountain Avenue Reshaping Project Page 17 of 29 Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 9078 Mountain Avenue Reshaping Project Page 18 of 29 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed 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. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9078 Mountain Avenue Reshaping Project Page 19 of 29 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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 the "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 ( ) page(s), and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the 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 ( ) page(s), and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be RFP 9078 Mountain Avenue Reshaping Project Page 20 of 29 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 attorney’s 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 insurance 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 the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. 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. 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 the Professional on a time and reimbursable direct cost basis in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein, 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. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to RFP 9078 Mountain Avenue Reshaping Project Page 21 of 29 the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. 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. 10. Project Drawings. Upon request 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 quality, 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 owner in and AutoCAD version no older than the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. 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. 12. 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. 13. Subcontractors. The 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 RFP 9078 Mountain Avenue Reshaping Project Page 22 of 29 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. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “C”, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior written consent of the City. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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, RFP 9078 Mountain Avenue Reshaping Project Page 23 of 29 such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. The 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. RFP 9078 Mountain Avenue Reshaping Project Page 24 of 29 c. The 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 the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the 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 the 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. The 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 the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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 the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. 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 9078 Mountain Avenue Reshaping Project Page 25 of 29 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 9078 Mountain Avenue Reshaping Project Page 26 of 29 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9078 Mountain Avenue Reshaping Project Page 27 of 29 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9078 Mountain Avenue Reshaping Project Page 28 of 29 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 RFP 9078 Mountain Avenue Reshaping Project Page 29 of 29 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.