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HomeMy WebLinkAboutRFP - 7622 CIVIL CONTRACTORRFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 1 of 21 REQUEST FOR PROPOSAL 7622 CIVIL CONTRACTOR FOR THE INTEGRATED RECYCLING FACILITY PROJECT The City of Fort Collins is requesting proposals from qualified construction contractors for new construction and improvements to a new recycling facility in Fort Collins. The selected contractor will assist the City’s contract architects/engineers and City staff in addressing constructability issues during preparation of that design(s), and at the City’s option to perform the construction of multiple projects on a negotiated price basis. The schedule for the work anticipates selection of a contractor by April/May 2014. Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), April 15, 2014 and referenced as Proposal No. 7622. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Ethan Cozzens at (970) 221-6273 or 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 copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried 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 7622 Civil Contractor for the Integrated Recycling Facility Project Page 2 of 21 forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 3 of 21 SCOPE OF SERVICES 7622 CIVIL CONTRACTOR FOR THE INTEGRATED RECYCLING FACILITY PROJECT PROJECT REQUIREMENTS A formal Partnering Session will be held with the selected contractor, City of Fort Collins team members and City of Fort Collins contract Architects and Engineers as soon as the selection process is completed. The City of Fort Collins desires to have the construction firm provide multiple services. These services are to include. A. Pre-Construction Services  Review of designs for constructability.  Review of site layout and grading.  Estimating cost of different options, alternatives and components.  Providing opinions and recommendations on suitable methods and approaches to accomplish the work.  Offer value engineering suggestions to accomplish the desired objectives in the most cost effective manner possible.  Provide the team with up to date on-going cost status of the current project design. B. Construction Services  Full time site supervision when trades are working  Stormwater management and permitting of the project site  Site protection and security during construction  Procurement of all subcontractors and suppliers to complete construction  Project sequencing and scheduling of manpower, materials and equipment  Project safety enforcement  Manage Quality Control  Manage Testing  Manage Surveying  Manage Project Close-out C. Scope of Work to Include  Earthwork  Stormwater  Site Improvements  Asphalt paving RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 4 of 21  Concrete paving  Pavers  Landscaping  Fencing  Structural work  Electrical work  Please reference attached site grading and landscape plans 1. The contractor must commit key staff members to assist the project team by attending regularly scheduled project meetings and preparing information or responses to issues in advance of meetings. Normally, attendance will be required by the contractor’s project manager and superintendent. In the event key technical functions are subcontracted, the subcontractor shall assist the general contractor firm in fulfilling its responsibilities under the agreement during the design phase(s), including participation in design discussions. 2. The City of Fort Collins staff will work very closely with the Architect/Engineer (Interwest Consulting Group) and the contractor on a day to day basis as part of a team during design and construction of projects. Traditional adversarial roles are not an acceptable way of doing business. Please submit questions by email that you have about the process. 3. The City of Fort Collins will utilize the services of a civil contractor on an as needed basis for this project including multiple phases. The type and complexity of the work varies, dependent upon the specific needs of the City at any given time. The project may be divided up into two separate projects including a Phase 1 and Phase 2 of the IRF. Some of these projects include:  Phase 1 -- ~3 acres of civil, landscaping, and paving work.  Phase 2 -- ~3 to 4 acres of civil, landscaping, paving, electrical, and small general construction work. 4. RFP Schedule  Final Day for Questions: April 7, 2014 (5:00 pm)  Proposals Due: April 15, 2014 (3:00 pm)  Shortlist by: April 22, 2014  Interviews: April 29, 2014 The project schedule dates listed in italics above are approximate and may change. The City reserves the right to not complete interviews and award on written proposals only. RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 5 of 21 PROPOSAL GUIDELINES Qualified civil contractors interested in the work described in this request should submit a minimum of the following information to the City: 1. General information Name of firm, contact person for this proposal, title, phone number, fax number, street and mailing addresses, and previous names of firm in last 10 years, and date established. 2. Key Project Staffing Provide names and resumes of key project staff, including proposed project cost estimator, project manager, construction project superintendent. Indicate pertinent work experience. Detail the availability of staff assigned. (Note: Key personnel must be committed to the project for its duration, unless excused by the Owner. This requirement is non-negotiable.) List any subcontractors or consultants you will be using for your project staff and include their name, employer and their resume. 3. General Company Resources Indicate the resources available for cost estimating, construction approach and methods, construction sequencing and scheduling. Provide descriptions, resumes, organization charts and /or other indications of the degree expertise and qualifications available to this project. Indicate location if not based in the office location in item 1 above. 4. Project Experience Provide brief summary of similar construction project work performed by the firm in the last 3 years. Highlight any participation by key staff proposed for this project. Provide summary data on: a. Bid Cost b. Cost at completion and number of change orders c. Contract time for completion when bid d. Actual completion time Brief discussion of any unusual factor is encouraged (e.g. owner initiated delays, additions to the work, etc.). Provide both an owner reference and consulting engineer reference for cited projects. 5. Project Budget and Cost Control a. Describe your commitment to providing realistic construction cost to the team that they can use and trust for their design and the methodology used for confirming and controlling cost for each phase of the project. b. Describe your approach to be transparent or open book and show the team your actual cost, markup and profit. c. Provide a sample of a pre-construction cost estimate showing the detail RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 6 of 21 you provide the team for review. 6. Construction Sequencing and Scheduling a. Describe the scheduling software your firm typically uses for sequencing task and scheduling of subcontractors, materials and equipment. b. Describe the way in which your firm develops and maintains project schedules for projects of this size and nature. c. Describe your process and frequency for updating project schedules. d. Describe how your firm works to overcome challenges and works to maintain the original completion date. e. Describe your firms Ability/Willingness to meet fast track schedules and deadlines. f. Submit an example of a project schedule having less than 100 tasks. Provide example of pre-construction and construction task and milestones. 7. Quality Assurance/Quality Control Describe your firm’s commitment to Quality and attention to detail. Explain the processes your team will use to assure we have a high quality finished product. 8. Experience with Sustainable Design & Construction Describe your company’s commitment and experience with sustainable design and construction. List projects completed within the past 3 years that feature workable, cost-effective, low waste, high recycled material, and sustainable design construction strategies. Include: a. Projects with stormwater management, recycled content, and waste reduction strategies. 9. Partnering Experience Describe any experience by the firm or key staff with similar owner/engineer/contractor teams. Describe the firm’s experience in Partnering, both formal and informal. Highlight any partnering experience by key staff proposed for this project. Provide references for cited experience. 10. Safety Record Provide the firm’s OSHA reportable accident rate and current workman’s compensation insurance multiplier for the last 3 years. Provide the OSHA reportable accident rate on projects managed by the proposed superintendent or project manager over the three year period (depending on who is assigned site safety responsibility in the contractor organization). 11. Subcontractors Based on the description of the work in this request, describe which portions of the work will be performed by subcontractors. RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 7 of 21 12. Design Phase Cost Provide hourly rates to be applied to the proposed key staff (and subcontractors if necessary) for assistance to the owner/engineer design team during the design phase. 13. Construction Cost Factors Establish in detail the factors which will be used in determining the negotiated maximum construction price. These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the construction cost. Commitments shall include: a. Overhead and profit (combined) margin for general office activities on the base bid cost b. Overhead and profit (combined) margin for field office activities on the base bid cost c. Subcontractor markup on base bid cost to General Contractor d. Materials and equipment markup on base bid cost e. Any additional factors applied to project labor or materials to determine the base bid cost f. Change order markup, including supervision allowance, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award g. General Contractor cost returns if project is completed early 14. Financial Statement The City reserves the right to ask for a recent financial statement from the awarded contractor (audited if possible) including balance sheet and income statement showing: a. Current assets b. Other assets c. Current liabilities d. Other liabilities e. Fixed assets and equipment 15. Banking Reference Provide the name, address and phone number of the firm’s banking reference 16. Bonding Company Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity is adequate to undertake this work. RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 8 of 21 17. Insurance Company Provide the name, address and phone number of the firm’s insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. Can this coverage be extended for work on this project? Can coverage be increased? Can City be listed as an additional insured? Are there any current claims that will affect coverage limits available to the City for this project? 18. Agreement Prior to construction and depending on the cost of the project, the contractor may be required to provide payment and performances bonds, and sign the City of Fort Collins’ Standard Construction Contract. This document is available for review on the web at: http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CONTRA CT&dn=Purchasing&q=vertical+contract RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 9 of 21 CONTRACTOR REVIEW AND ASSESSMENT Construction firms will be evaluated on the following qualification criteria. These criteria will be the basis for review of the written proposals, as well as for the oral interviews of the top ranked firms. The rating scale shall be from 1 to 5, (or 10, depending on maximum possible points), with 1 being a poor rating, 3 being an average rating, and the maximum possible points being an outstanding rating. Weighting factors for the criteria are listed adjacent to the qualification. Possible Points Max-Min Qualification Standard 10-1 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used in the design and construction phases and the results that are desired from the project? 10-1 Assigned Project Team Does the proposed team have the necessary skills and experience to fulfill the requirements of the project? Are the key staff available to do the work? 5-1 Safety Record “OSHA Illness/Injury Rate”, “OSHA Lost Work Day Incidence Rate” and Workers Compensation Experience Modification Rate Insurance Multiplier 10-1 Firm Experience --Design --Construction Has the firm worked on projects similar in scope to this project? Has partnering been used as a basis in design and construction of other projects? Was this work of high quality in nature? 5-1 Design Phase Cost Are the proposed design cost rates reasonable and competitive? 10-1 Construction Cost Factors Do the proposed construction cost factors compare favorably with industry standards and other firms’ construction cost factors? 10-1 Firm Capability Does the firm have experience, equipment, manpower and finances to complete the work? 10-1 Construction Performance Do the referenced projects reflect favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 5-1 Motivation Has the firm shown an interest in work and a commitment to the successful completion of the project? RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 10 of 21 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 Contractor 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 theContractor 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 Contractor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 11 of 21 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 12 of 21 may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit , RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 13 of 21 consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 14 of 21 reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 15 of 21 12. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 13. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 16 of 21 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 17 of 21 Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 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. RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 18 of 21 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 19 of 21 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [INSERT PROFESSIONAL'S NAME] OR [INSERT PARTNERSHIP NAME] OR [INSERT INDIVIDUAL'S NAME] OR By: __________________________________ Title: _______________________________ Date: _______________________________ RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 20 of 21 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7622 Civil Contractor for the Integrated Recycling Facility Project Page 21 of 21 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.