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HomeMy WebLinkAboutRFP - 8138 PROFESSIONAL SERVICES FOR ADA CONSULTANT (3)RFP 8138 Professional Services for ADA Consultant REQUEST FOR PROPOSAL 8138 PROFESSIONAL SERVICES FOR ADA CONSULTANT The City of Fort Collins is requesting proposals from qualified firms to review 50 buildings for ADA compliance and provide a plan of action for correction. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB 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 must be received before 3:00 p.m. (our clock), August 6, 2015. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A pre-proposal meeting will be held at 2:00pm on July 21, 2015 at the Operations Services Building located at 300 LaPorte Ave, Building B, Fort Collins. Questions concerning the scope of the bid should be directed to Project Manager, Jennifer Harvey at (970) 221-6848 or jharvey@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Jennifer Harvey , with a copy to Doug Clapp, no later than 5:00 PM our clock on July 27, 2015. Questions received after this deadline will not be answered. 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. 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. 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 8138 Professional Services for ADA Consultant 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8138 Professional Services for ADA Consultant REQUEST FOR PROPOSAL 8138 PROFESSIONAL SERVICES FOR ADA CONSULTANT GENERAL INFORMATION The City of Fort Collins, CO, is requesting proposals from professional firms and/or individuals experienced in the evaluation and development of facility accessibility plans to provide consulting services for ADA (Americans with Disabilities Act) compliance / evaluation along with a Transition Plan Development (ADA Transition Plan) to detail how issues will be corrected. SCHEDULE FOR RFP PROCESS Pre-Bid meeting: July 21, 2015; 2:00 pm Last opportunity to ask questions: July 27, 2015; 5:00 pm Final addendum issued: July 30, 2015 RFP due to City purchasing department: August 6, 2015 Notification to vendors: Week of August 14, 2015 Interviews (If needed): Week of August 24, 2015 Award to Vendor: Week of August 31, 2015 DESCRIPTION OF PROJECT The City currently has 50 public buildings in operation. Buildings range in ages from being built in the 1950s through to current. The last review of buildings for ADA compliance was completed in 1996 and corrective actions were made at that time. Changes to the ADA codes have evolved, requiring a new survey to ensure compliance with the ADA. The consultant will conduct a survey to identify physical obstacles limiting accessibility, describe the methods to make the site accessible, and specify a schedule for achieving compliance. (See attached Appendix A, list of City facilities - list may be amended.) SCOPE TO BE PROVIDED BY CONSULTANT Facility Diagrams The consultant shall produce facility diagrams of public buildings and exteriors for use in the ADA transition plan. Plans should note the location of architectural barriers and be keyed to an item description and corrective action. Base drawings will be provided by the City. Facility Survey Conduct surveys with field reviews of all public buildings and sites listed in Appendix A that provide programs, services, or activities to the public. The surveys will identify physical barriers and incorrect signage in each facility that limit accessibility and compare each facility to the State Title 24 Building Code and the Federal ADA Accessibility Guidelines (ADAAG). Facility Survey shall include signage, accessible parking, routes and entrances, along with review of facilities for effective communications. RFP 8138 Professional Services for ADA Consultant Facility Reports Develop Facility Reports for each site and building, detailing each item found to be in noncompliance. Transition Plan The Transition Plan shall include a program or tracking system detailing priorities, estimated costs and time frames; said system shall be amendable/updateable by City staff. Project Schedule Consultants shall submit a realistic schedule with their Fee Proposal. This schedule will be incorporated into the professional services agreement Project Budget As a part of the Consultant’s Scope of Services, budget estimates will be prepared for corrective work. GENERAL QUALIFICATIONS Initial ranking of the Request for Proposals statements will be based upon consideration of the following general requirements: Relevant experience and technical competence of the consultant, the personnel assigned to this project, and the degree of participation in the project by the key personnel. Recent experience with similar-type projects demonstrating a clear understanding of the ADA. The degree of promptness and commitment in which the consultant can commence and complete the work to meet time schedules. Excellent corporate, project, and individual references for which the consultant has provided comparable work. Cost of services and other qualifications/criteria as deemed appropriate by the City RFP team. PURCHASING RESTRICTIONS The proposer’s authorized signature on the proposal assures the team’s compliance with City of Fort Collins’ purchasing restrictions. A copy of the restrictions is available for review in the Purchasing and Risk Management Division or the City Clerk’s Office. City of Fort Collins’ Resolution 91-121 requires that suppliers and producers of cement, or products containing cement, to certify that the cement was not made in cement kilns that burn hazardous waste as fuel. STATE TAXATION The City of Fort Collins is exempt from all state and local taxation including sales and use taxes. SUBMITTAL CONTENT Submittals should be organized in a clear and concise manner within a single file. Proposals should be no more than 25 pages. RFP 8138 Professional Services for ADA Consultant Cover Letter: Maximum of two pages serving as an Executive Summary. Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc. Comparable Projects and References: Provide a description of at least three projects of a similar scope or complexity, including photographs and a text description of the firm’s specific role in the project (e.g., workshop role, design, construction documentation, contract administration). Identify key personnel who participated in each project and describe their roles. Provide the completed construction value of each project and the estimated cost prior to bidding. Provide a reference for each of the projects described. References should be current. Key Personnel: Provide a summary description of the key personnel who will be involved in this project, their roles and responsibilities, the percentage of time committed to this project, and their experience in similar past projects. Submit a Fee Proposal, with breakdown. Attach to the Fee Proposal an itemized breakdown showing how the Fee Proposal was developed, including all anticipated elements, time requirements, hourly rates, etc. The Fee P roposal should include all services described other than reimbursable expenses. FEE PROPOSAL The firm proposes to perform the Scope of Services as detailed with fees outlined on the attached Proposal Submission & Acceptance page. * If additional fees are required outside of those noted, please include on a separate sheet. RFP 8138 Professional Services for ADA Consultant PROPOSAL EVALUATION CRITERIA Professional firms 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 firms 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 and qualifications? Are sufficient people of the requisite skills and qualifications 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 a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included 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 resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? Definitions 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”. RFP 8138 Professional Services for ADA Consultant 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 of Andrew Savitz 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.” REFERENCE EVALUATION (TOP RATED VENDOR) 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 If a study, did it meet the Scope of Work? If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? PROPOSAL SUBMISSION & ACCEPTANCE (This page must be returned with your proposal) RFP 8138 Professional Services for ADA Consultant Page 8 of 18 Description of other fees: All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Proposal must be signed by a duly authorized representative of the firm submitting the proposal. Title of the individual signing the proposal must be included. Signature Printed: Title: Company: Address: City State Zip: Phone: Email: A B C D E F G Total Facility Diagrams $ $ $ $ $ $ $ Facility Survey $ $ $ $ $ $ $ Facility Reports $ $ $ $ $ $ $ Transition Plan $ $ $ $ $ $ $ Subtotal $ $ $ $ $ $ $ $ Other Fees* $ TOTAL COST $ RFP 8138 Professional Services for ADA Consultant Page 9 of 18 Appendix A – List of Buildings CATEGORY NAME ADDRESS SQUARE FOOTAGE DESCRIPTION A Avery House 328 W Mountain 4,176 House Museum A Carriage House 108 N Meldrum 1,417 House Museum A City Administration 215 North Mason 71,500 3 story office A City Hall 300 Laporte (A) 31,553 3 story office A City Park Center/Club Tico 1599 City Park Dr 13640 Community space A City Park Outdoor Pool 1559 City Park Dr 3680 Aquatics A Epic Pool & Ice Rink 1801 Riverside 97,960 Ice Rink & Aquatics A FAC Plan review 25,000 Project under construction - recreation A Horticulture Center & Garage 2145 Centre Ave 4,750 Public Gardens A Lincoln Center 417 W Magnolia 63,981 Cultural Center A Martinez Farm Office 600 N Sherwood 1,930 Recreation A Martinez Park Concession Area 600 North Sherwood St Unknown Recreation A Mulberry Pool 424 W Mulberry 25,000 Aquatics A Museum - Carnegie 220 Mathews 12,853 Arts Incubator + Council Offices A Museum & Discovery Center 408 Mason Courts 43,100 Cultural Center A Nix Admin Office 1745 Hoffman Road 6,500 2 story office A Northside Aztlan Center (New) 112 E Willow 49,800 Recreation A Ops Services Bldg 300 Laporte (B) 26,564 2 story office A PDT 281 North College 37,603 2 story office A Police Services District One Civic Center Parking Garage 2,075 Police A Police Services Facility 2221 Timberline 98,800 3 story office A Pottery Studio 1541 W Oak 3,300 Recreation A Primrose Studio at Reservoir Ridge 4300 W CR 50 1,375 Community space A Restorative Justice 112 North Howes 1,352 1 story office A Romero House 425 10th St 1,248 House Museum A Senior Center 1200 Raintree 67,200 Recreation A Social Sustainability 321 Maple St 1,954 1 story office A Streets Facility 625 Ninth Street 51,300 1 story office A Traffic Ops 626 Linden 9,500 1 story office A Utility Customer Service 117 N Mason 15,500 1 story office RFP 8138 Professional Services for ADA Consultant Page 10 of 18 A Utility Swing Space 200 West Mountain (East Side) 5,040 1 story office A Utility Swing Space 212-218 W Mountain 6,225 1 story office A Wellness/ Clinic 214 N Howes 6,900 Fitness and clinic B Downtown Transit Center 250 N Mason 6,013 Transit B South Transit Center 4915 Fossil Blvd. 9,500 Transit B Transfort 6570 Portner Rd 50,445 Transit C UAB Plan review 37,500 Project under construction - office C Utility Serv Ctr 700 Wood St 80,128 1 story office C Water Pollution Lab 3036 Environmental Unavailable Lab C Water Quality Lab 4316 W Laporte 1,095 Lab C Water Reclamation - Drake 3036 Environmental Drive 5,250 1 story office D City Park Nine Clubhouse 411 S Bryan 6,100 Recreation D Collindale Clubhouse 1441 E Horsetooth 14,660 Recreation D Southridge Golf Clubhouse 5750 S Lemay 3,400 Recreation E Parking Garage Civic Center 120 N Mason 288,110 Parking E Parking Garage Remington 102 Remington St 106,820 Parking F Fleet Shop 835 Wood St 23,200 Shop F Fleet Shop 906 W Vine 11,637 Shop G Grandview Cemetery Office 1900 W Mountain 1,876 Cemetery G Roselawn Office 2800 E Mulberry 1,502 Cemetery RFP 8138 Professional Services for ADA Consultant Page 11 of 18 SERVICES AGREEMENT (Sample – DO NOT SIGN) 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 "Service Provider". 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 Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider 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 , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. 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 ( ) 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 thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of RFP 8138 Professional Services for ADA Consultant Page 12 of 18 termination to the Service Provider. 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: Service Provider: 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 early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider 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 Service Provider. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an RFP 8138 Professional Services for ADA Consultant Page 13 of 18 agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. 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 or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. 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 thereof. 15. 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. 16. 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, RFP 8138 Professional Services for ADA Consultant Page 14 of 18 heirs, personal representatives, successors and assigns of said parties. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the 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, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider 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 RFP 8138 Professional Services for ADA Consultant Page 15 of 18 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. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. 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 8138 Professional Services for ADA Consultant Page 16 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8138 Professional Services for ADA Consultant Page 17 of 18 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider '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 Service Provider shall maintain during the life of this Agreement for all of the Service Provider'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 Service Provider 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 Service Provider 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 8138 Professional Services for ADA Consultant Page 18 of 18 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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.