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HomeMy WebLinkAboutRFP - 8104 EPIC POOL REPAIR DESIGN (3)RFP 8104 EPIC Pool Repair Design Page 1 of 17 REQUEST FOR PROPOSAL 8104 EPIC POOL REPAIR DESIGN The City of Fort Collins is requesting proposals from qualified firms to provide all design services, including architectural, structural and mechanical, per the attached scope of work for the Edora Pool and Ice Center (EPIC) indoor swimming pool located at 1801 Riverside Ave. 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), April 21, 2015 and referenced as Proposal No. 8104. 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. Questions concerning the scope of the bid should be directed to Project Manager, Ethan Cozzens at ecozzens@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. A pre-proposal conference and job walk with representatives of prospective Bidders will be held at 2:00 PM on April 8, 2015, at the site 1801 Riverside Ave, Fort Collins. All questions must be submitted in writing via email to Ethan Cozzens , with a copy to John Stephen, no later than 5:00 PM our clock on April 13, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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: 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 8104 EPIC Pool Repair Design Page 2 of 17 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. 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 Director of Purchasing & Risk Management RFP 8104 EPIC Pool Repair Design Page 3 of 17 REQUEST FOR PROPOSAL 8104 EPIC POOL REPAIR DESIGN PROJECT DESCRIPTION AND SCOPE OF WORK The City of Fort Collins is requesting proposals from qualified firms to provide all design services including architectural, structural and mechanical per the scope of work for the Edora Pool and Ice Center (EPIC) indoor swimming pool located at 1801 Riverside, Ft Collins. Attached is a report from Ohlson Lavoie Collaborative dated February 12, 2013 that evaluated the pool facility for structural integrity, equipment operational integrity and operational efficiencies. RFP SCHEDULE • Pre-proposal meeting April 8, 2015, 2:00 p.m. • Final Day for Questions: April 13, 2015 (5:00 p.m.) • Proposals Due: April 21, 2015 (3:00 p.m.) • Notify Consultants to be Interviewed: Week of April 27, 2015 • Interviews: Week of May 4, 2015 SUBMITTAL REQUIREMENTS All respondents are required to include the following information in the submittal as a minimum. 1. Project Understanding: Provide a brief summary of your understanding of the project. 2. Approach: Describe your recommended approach to achieve each of the tasks outlined in the Scope of Work. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective ideas to create a successful plan. 3. Deliverables: Provide a description or examples of how you will present the deliverables and the tools that will be used to execute each task. 4. Team Profile: Provide relevant information regarding the team you propose to work on this project including: a. Overview of firm(s) b. Example of recent and relevant projects with location and reference contacts c. People (availability, commitment, qualifications, and experience) d. Proposed team organization (org chart) of key personnel with titles and specific tasks 5. Schedule: Provide a detailed project schedule showing key milestones and deliverable dates. 6. Costs: Please provide a lump sum cost for all design work and provide hourly rates for all consultants. A maximum number of 15 double-sided pages (30 pages total) are allowed for this proposal. All sheets except resumes and samples of work are included in this total. RFP 8104 EPIC Pool Repair Design Page 4 of 17 SCOPE OF WORK - Provide all design services. Including architectural, structural, & mechanical. - Pool renovation design team will be required to coordinate with the Farnsworth Group regarding the HVAC design work for the bleacher area. - Design work and construction work must adhere to the City of Fort Collins approved design standards located at: http://www.fcgov.com/opserv/design-standards.php - Design and construction work must conform to the new requirements for Fort Collins Utilities Integrated Design Assistance Program (IDAP) described at: http://www.fcgov.com/utilities/business/conserve/rebates-incentives/integrated-design- assistance - Upon completion of record drawings, the electronic media (cad or revit) files must be provided to the City of Fort Collins, Operation Services Department. - At the end of the project, a commissioning process to demonstrate and inform appropriate City Staff regarding all such building systems shall be carried out in advance of Substantial Completion to the Design Team and Contractor. - All Pool and HVAC external communications must be provided that will tie into the current City Operation Services system, which is from Johnson Controls. AQUATIC RECOMMENDATIONS 1. LAP POOL 1. External Access to Chemical Controller a) Connect to accessible computer for maintenance 2. pH Switchover for Chemical Controller a) Provide switch over for pH control, AquatiControl unit 3. Leak Detection Services a) American Leak Detection for reviewing the pool possible leaking 4. Replace Gutter & Plumbing a) Demo Existing Gutter • Demo of existing gutter to prepare for the new stainless gutter b) New Gutter • Raised stainless steel gutter for competition with dropouts with lip to hold bulkhead c) Re-plumb Plumbing from Gutter to Tank • Circulation of pool supply line and dropout lines back to tank d) Repair Circulation Pump e) Refinishing of the Tank Finish • Refinish waterproofing the tank as needed f) Provide Valves to Balance Tank • Provide float, drain, and tank valves with fittings RFP 8104 EPIC Pool Repair Design Page 5 of 17 g) Relocate existing anchors and install additional anchors in new gutter for lane lines - Coordinate with City of Fort Collins for locations and quantities 5. Pool Bulkheads – Two Total a) Neptune Benson / Stark stainless steel top roller bulkheads to replace existing b) Top and sides of stainless steel bulkhead structure will be made of FRP, Fiberglass Reinforced Plastic. c) The bulkhead shall consist of a one piece double box construction type that spans the width of the swimming pool and extends out over the gutter on the sides of the pool and matches the end walls. d) The bulkhead shall be designed to support a unified live load with ½” maximum deflection in addition to all dead loads of 5,600 lbs on bulkhead walk area without the assistance of constant foam or additional air to assist with the support of such load. The Safety Factor for all live and dead loads shall be at least 10. In addition the bulkhead shall be designed to withstand a uniform lateral live load of at least 30 pounds per linear foot and a point load of at least 500 pounds at the center with a maximum deflection of ½”. Racing cup anchors shall be designed to resist pullout loads of at least 400 pounds each. e) Neptune Benson / Stark bulkheads will provide the owner a full set of shop drawings (submittals) for review by the owner or his representatives showing design, dimensions, features, special conditions for the installation or preparation of installation. 6. Blocks a) Re-use existing starting blocks b) Anchors to be coordinated with existing starting blocks 7. Replace Starter Platform Anchors a) Starter platforms anchors to be put into new bulkhead • Anchors to be coordinated with existing blocks 8. Replace the Pool Deck Tile a) Replace with either tile or concrete for the deck b) Resistance to slip resistance on the deck must, at a minimum, meet the existing tile or be greater then • Slip resistance to be measured on existing tile as a baseline 9. Ultra Violet (UV) Upgrade a) Changing UV unit to treat all of flow if current unit is insufficient 10. Re-plumbing of Circulation Lines a) Re-plumb plumbing from tank/return line in equipment room with fittings and valves 11. Replace Circulation Pump RFP 8104 EPIC Pool Repair Design Page 6 of 17 a) Change in pump completely with larger impeller to 1680 GPM 12. New Regenerative Filter – Filter Already Purchased by the City of Fort Collins a) Neptune Benson filter, plumbing, compressor, valves, and controls 13. Review of Auto Fill a) If auto fill needs to be changed out with solenoid 14. Remove 3 Meter Diving Board Tower a) Removal of the 3 meter boards without replacing them 15. Core drill flag post holes on both sides of the east and west ends of the deck to accommodate turn flags for 25 yard lanes 2. THERAPY POOL 1. External Access to Chemical Controller a) Connect to accessible computer for maintenance 2. pH Switchover for Chemical Controller a) Provide switch over for pH control, AquatiControl unit 3. Leak Detection Services a) Leak detection testing (maybe less if combined with other pools) 4. Replacing Gutter & Plumbing a) Demo Existing Gutter • Demo of existing gutter to prepare for the new stainless gutter b) New Gutter • Stainless steel gutter with dropouts c) Plumbing to Tank • Circulation of pool supply line and dropout lines back to tank d) Refinishing the Tank Finish • Refinish waterproofing the tank as needed e) Provide Valves to Balance Tank • Provide float, drain, and tank valves with fittings f) Provide Supply Line to Gutter • Supply line integral to gutter to two different locations along gutter 5. Replace Pump and Motor 6. Additional Filter a) Add another Pentair TR140C to the system with plumbing 7. Replace Pool Tile a) Retile or Plaster the pool b) Waterproofing RFP 8104 EPIC Pool Repair Design Page 7 of 17 8. Regenerative Filter – Use existing Neptune Benson filter 9. Provide Auto Fill a) If auto fill needs to be changed out with solenoid and plumbing loop 3. KIDS POOL 1. External Access to Chemical Controller a) Connect to accessible computer for maintenance 2. pH Switchover for Chemical Controller a) Provide switch over for pH control, AquatiControl unit 3. Leak Detection Services a) Leak detection testing (maybe less if combined with other pools) 4. Provide New Pump a) At a minimum 7.5 HP or greater – Design Team to verify 5. Slope to Deep End a) Per ADA the pool needs a ramp • Zero entry to accommodate ADA needs • Could a lift be bought instead? 6. Re-plumbing Circulation Lines a) Re-plumb plumbing from tank to return line in equipment room with fittings and valves 7. New Regenerative Filter - Filter Already Purchased by the City of Fort Collins a) Neptune Benson filter, plumbing, compressor, valves, and controls 8. Replace Pool Tile a) Retile or Plaster the pool b) Waterproofing 9. Provide Auto Fill a) If auto fill needs to be changed out with static line, solenoid and plumbing loop 4. ADDITIONAL LINE ITEMS OF POSSIBLE WORK FOR THE AWARDED CONTRACTOR 1. Paint floor and ceiling in Pool Equipment Room 2. Repair damaged electrical conduit as needed 3. Remove pool tile and replace with either new tile or plaster 4. Re-grout pool when drained a) Repair damaged tile as needed 5. Additional Swim Lanes RFP 8104 EPIC Pool Repair Design Page 8 of 17 a) Line pool bottom north to south with additional lanes – Coordinate with City of Fort Collins for locations and quantities b) Install targets in sidewalls in additional lanes – Coordinate with City of Fort Collins for locations and quantities c) Install additional anchors in new gutter for lane lines - Coordinate with City of Fort Collins for locations and quantities 6. Additional coring and sleeves to be added for flagging - Coordinate with City of Fort Collins for locations and quantities REVIEW AND ASSESSMENT 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? RFP 8104 EPIC Pool Repair Design Page 9 of 17 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”. 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 FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Professional Services Agreement Page 10 of 17 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. 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 Professional Services Agreement Page 11 of 17 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain 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 Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. Professional Services Agreement Page 12 of 17 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. 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. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, Professional Services Agreement Page 13 of 17 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. 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. 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, heirs, personal representatives, successors and assigns of said parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established 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. Professional Services Agreement Page 14 of 17 b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. 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) pages, attached hereto and incorporated herein by this reference. Professional Services Agreement Page 15 of 17 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney PROFESSIONAL By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ Professional Services Agreement Page 16 of 17 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. Professional Services Agreement Page 17 of 17 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.