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HomeMy WebLinkAboutRFP - 8226 ARTHUR DITCH MASTER PLANNING & ALTERNATIVE ANALYSIS (2)RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 1 of 17 REQUEST FOR PROPOSAL 8226 ARTHUR DITCH MASTER PLANNING & ALTERNATIVES ANALYSIS The City of Fort Collins is requesting proposals from qualified firms to provide the City with engineering consulting services for the Arthur Ditch Master Planning & Alternatives Analysis Project. The City of Fort Collins is initiating a project to evaluate short and long-term alternatives for the Arthur Ditch from Wood Street to Laurel Street. This is a joint project undertaken by the City Engineering Department and the City Utility. The Ditch Company will be a key decision maker as well. The successful candidate will identify and address all of the tasks, issues, and deliverables in their proposal. Prospective teams must possess the expertise and experience necessary to complete the project on time and within the established budget, and be motivated to work with City staff, Ditch Company representatives, and all other interested stakeholders to accomplish the goals and objectives associated with the project. 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), February 3, 2016 and referenced as Proposal No. 8226. 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 2:00 PM on January 20, 2016 in the Training Room (Conference Room 2E) located at 215 N Mason Street, Fort Collins. Questions concerning the scope of the bid should be directed to the City’s Manager of Capital Projects/City Engineer, Dean Klingner, at (970)-221-6511 or dklingner@fcgov.com and Civil Engineer, Kyle Lambrecht, at (970) 221-6566 or klambrecht@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer, at 970.221.6777 or edale@fcgov.com. All questions must be submitted in writing via email to Dean Klingner and Kyle Lambrecht, with a copy to Elliot Dale, no later than 5:00 PM our clock on January 26, 2016. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 2 of 17 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. 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 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 3 of 17 REQUEST FOR PROPOSAL 8226 ARTHUR DITCH MASTER PLANNING & ALTERNATIVES ANALYSIS I. INTRODUCTION The City of Fort Collins is initiating a project to evaluate short and long-term alternatives for the Arthur Ditch from Wood Street to Laurel Street. This is a joint project undertaken by the City Engineering Department and the City Utility. The Ditch Company will be a key decision maker as well. The successful candidate will identify and address all of the tasks, issues, and deliverables in their proposal. Prospective teams must possess the expertise and experience necessary to complete the project on time and within the established budget, and be motivated to work with City staff, Ditch Company representatives, and all other interested stakeholders to accomplish the goals and objectives associated with the project. This project is being funded with local funds from the City of Fort Collins. Background: • The Arthur Ditch was put underground in a concrete box culvert in the 1930s from Wood Street to Laurel Street. The box crosses the public right-of-way in numerous locations and has substantial length through private residential and commercial property and includes a crossing through the City’s Mulberry Pool parking lot. (See attached map). • There are no water users along the ditch between Wood Street and Laurel Street. • The City, as a part of our Bridge Program, has built and maintained an inventory and initiated an inspection program for the public crossings. In the last ten years: • A substantial number of these have been rated as structurally deficient • There have been a few locations with failures • Approximately nine (9) of the public crossings have been replaced or are currently being replaced. • To the City’s knowledge, there have been no inspections or mapping of the box culvert through private property. • Storm drain inlets periodically tie directly into the ditch. Emerging Problems causing the City to undertake this Project: • Concern that the eventual replacement of the entire ditch in its current location may not be cost effective and/or the best long term alternative. • Individual crossings are being replaced without a unified master plan with buy in from all ditch stakeholders. • Concern that the portion of the ditch under private property creates a substantial unfunded liability and potentially a public safety hazard. • Concern that in many cases the private property owners may not be aware that the ditch runs under their property nor their potential responsibilities. All work associated with the project must be in accordance with the Larimer County Urban Area Street Standards (LCUASS) roadway design standards. All specifications must be written in the format of the 2011 Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction. RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 4 of 17 Tasks to complete the project include, but are not limited to, those outlined in the Preliminary Scope of Work section. Please limit the total length of your proposal to a maximum of twenty-five (25) pages total (excluding covers and dividers). II. CONSULTANT SELECTION PROCESS AND PROJECT SCHEDULE Consultants should demonstrate proven expertise and experience in the following areas: • Development of creative, feasible, innovative, and cost-effective water utility infrastructure corridor or master plans. • Understanding of irrigation ditches in Colorado, including legal rights and practices of ditch companies and engineering concepts related to ditch facility design (hydrology, hydraulics, structural engineering, water utility engineering, etc.). • Design and construction issues related to construction in established, older, developed urban areas. This includes understanding of unique curb, gutter, sidewalk and road grading in the area, the existence of numerous and aging utility infrastructure, and the potential impact of the City of Fort Collins Floodplain. Consultants should make sure to address their capabilities, experience and expertise in all of these areas. The Contract will be set up in a “Not to Exceed” format developed from anticipated project hours and hourly rates. Cost will be one of the rating criteria categories. However, the City will not award the Contract based on cost alone. On time delivery is imperative for this project. Proposing teams must explain their approach and delivery strategy to ensure an efficient schedule. Consultants shall submit a detailed project schedule outlining all phases of the project including critical milestone dates. The City has listed anticipated dates for the Consultant Selection and Project Schedule as noted below: Consultant Selection Process: • RFP Available to the Public Week of January 11, 2016 • Pre-Proposal Meeting January 20, 2016 • Questions Deadline January 26, 2016 • RFP Submittal Deadline February 3, 2016 • Conduct Interviews Week of February 15, 2016 • Select and Notify Consultant Week of February 15, 2016 Project Schedule: It is the City’s goal to begin master planning work by March of 2016. • Project Kick-Off & Scoping February, 2016 • Alternatives Analysis April, 2016 • Master Plan Report May, 2016 The Consultant’s schedule shall clearly indicate “critical path work items”. Proposing teams must explain their approach and strategy to ensuring this schedule is met as well as their understanding of the challenges of meeting the above schedule. RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 5 of 17 III. SCOPE OF WORK The following is an outline of a general scope of work. The Consultant shall expand each of the tasks listed below. Additional tasks, if deemed necessary by the Consultant, shall be added to the list to ensure achievement of all project objectives. • Identify at least three (3) viable long-term alternatives for the ditch. o It is anticipated that one alternative would propose the status quo (maintaining the ditch in its current configuration). Other alternatives may include realignment of the ditch, some type of lining or piping of the ditch in its current location, and utilization of other existing infrastructure to deliver the water to the end users. o Each alternative should be evaluated based on criteria developed by the team, but to include cost, feasibility, community impacts, flexibility, etc. • Provide ideas to survey or map the existing ditch o This work will not be in the original contract, but the City may elect to include this work at a later time. The City will be working internally to clarify the rights, responsibilities, benefits, and liabilities of the mutual and potential “owners” of the ditch (the City’s Engineering Department, City Utilities, the private property owners, and the Arthur Ditch Company (of which the City is part owner)). The process above will inform the development of a preferred alternative and help clarify where funding/maintenance/liability gaps and opportunities may be. IV. PUBLIC AND STAKEHOLDER INVOLVEMENT The City will develop and implement a Communication and Public Outreach Plan which addresses public involvement and stakeholder coordination. The process will include potentially affected interests such as City Council, multiple City departments, the Arthur Ditch Company, water users, impacted property and business owners, and other interested stakeholders. Consultant tasks to support the City’s public and stakeholder involvement process include: • Graphics production / reproduction • Attendance/participation at project open house events • Preparation of presentation materials • Attendance at public meetings For proposal purposes please plan on attending and providing graphical support for the following: • One (1) Public Open House Meeting • Four (4) Project Coordination Meetings • Four (4) Utility/Ditch Meetings RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 6 of 17 V. ATTACHMENTS 1. Arthur Ditch Location Map RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 7 of 17 VI. SUBMITTAL REQUIREMENTS All respondents are required to include the following information in this order 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 described above. Responses are encouraged to think beyond the outlined Scope of Work and provide innovative and cost effective ideas to create a successful plan. 3. Deliverables: Provide a description or examples of how you will present the deliverables and the tools that will be used to create project products. 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) d. Proposed team organization (org chart) of key personnel with titles and specific tasks 5. Schedule: Provide a detailed project schedule showing key milestones, deliverable dates and public meetings. 6. Costs: Provide project cost information including: a. Consultant’s hourly rates and reimbursable expenses b. Sub-consultants hourly rates, applicable mark-ups and reimbursable expenses c. Total estimated project Cost Estimates shall include a breakdown of personnel, hourly rates, and time for each task. VII. CONTACT INFORMATION Engineering Department Contacts: Dean Klingner Capital Projects Manager/City Engineer 970.221.6511 dklingner@fcgov.com Kyle Lambrecht, PE Civil Engineer 970.221.6566 klambrecht@fcgov.com City of Fort Collins Purchasing Department 215 North Mason PO Box 580 Fort Collins, CO 80522-0580 RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 8 of 17 VIII. 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? 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? RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 9 of 17 Definitions Sustainability: To systematically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems on which we depend. The City's Sustainability Services Area consists of Environmental Services, Social Sustainability and Economic Health. 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 TBL by Andrew Savitz 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.” IX. 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? RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 10 of 17 X. SAMPLE AGREEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than , 20 . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 11 of 17 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 ($ ), in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [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 in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. 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. RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 12 of 17 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. 12. 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. 13. 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. 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. RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 13 of 17 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. 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 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. RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 14 of 17 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. 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 8226 Arthur Ditch Master Planning & Alternatives Analysis Page 15 of 17 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis 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. RFP 8226 Arthur Ditch Master Planning & Alternatives Analysis 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.