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HomeMy WebLinkAboutBID - 9508 BACKFLOW ASSEMBLY TESTING & REPAIRBID 9508 Backflow Assembly Testing & Repair Page 1 of 26 INVITATION TO BID 9508 BACKFLOW ASSEMBLY TESTING & REPAIR BID OPENING: 3:00 PM MT (our clock), February 17, 2022 The City of Fort Collins is requesting bids from firms for backflow assembly testing & repair. As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. All questions must be submitted in writing via email to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com. no later than 4:00 PM our clock on February 4, 2022. Questions received after this deadline will not be answered. Please format your e-mail to include: Bid 9508 Backflow Assembly Testing & Repair in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 89003 Back Flow Preventers 96818 Back Flow Preventer Testing Services Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Vendor. Any proposed modification must be accepted in writing by the City prior to award of the bid. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing BID 9508 Backflow Assembly Testing & Repair Page 2 of 26 The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Vendor to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Vendor and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendor may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Vendor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Vendor Registration: The City requires new Vendor receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Vendor to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. 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. BID 9508 Backflow Assembly Testing & Repair Page 3 of 26 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. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Vendors must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 4 of 26 CITY OF FORT COLLINS GENERAL INFORMATION I. BACKGROUND AND OBJECTIVE A. Background The City of Fort Collins is a full-service municipal organization operating under a home rule, Council-City Manager form of government. Various national organizations and magazines recognize Fort Collins as one of the best places to live in the nation. Sixty miles north of Denver, Fort Collins is home to Colorado State University (CSU), with 32,000 students, several large high-tech employers, and leading businesses in the brewing industry. The community includes 43 natural areas, a variety of cultural amenities, and is renowned for its bike-friendly, small-town feel. It has access to outdoor activities and local cultural amenities. B. Objective The City of Fort Collins Parks and Recreation Department is requesting bids for a Service Provider to perform backflow testing and repair for approximately 250 various sites in the City of Fort Collins area. The annual service for all devices is currently up-to date. II. SCOPE OF PROPOSAL A. Scope of Work The awarded Service Provider’s primary responsibility will be to test backflow devices for compliance. The Service Provider will also repair existing backflow devices and may be asked occasionally to replace a backflow. Backflows will be tested in the City of Fort Collins as well as the ELCO and Fort Collins/Loveland Water Districts. Typical backflow sizes range from ½” to 4-inches. The majority of backflow assembly manufacturers are Febco, Wilkins and Watts. However, the inventory can change over the duration of the contract and larger sizes, or different brands may be added. The work under this contract typically takes place from February through November, although additional services may be needed at other times in the year. Due to many of the backflows being associated with irrigation, the work peaks during the summer months. The City will issue an annual Work Order to the Service Provider for each year’s scope of work. The table below is an estimate of the test schedule in order to understand the quantity test date. Month Count Apr 16 May 16 Jun 74 Jul 93 Aug 19 Grand Total 218 Of the estimated 250 various sites in the City, some sites have multiple backflows, however, testing dates may differ. For instance, a site with a backflow for a restroom and Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 5 of 26 a backflow for irrigation may require two site visits. Total number of backflows is approximately 220 for Parks, however, other departments may utilize this contract and may not be included in this count. An estimate of the other departmental needs is 10 backflows/year. Backflows are located outdoors, in chases of restrooms, in concession buildings or in maintenance building. All locations have free parking, however, about half of the sites are along parkways and medians and parking could be located on a nearby street but not necessarily next to the backflow. Backflow testing can be done in groupings in order to be more efficient if the Service Provider is not located in or near Fort Collins, however, test due dates need to be considered. Tests can definitely be done prior to the due date for testing. Service Provider to: 1. Provide services as described above, as set out in specific Work Orders. 2. Clean-up each job site at the end of each day and at work completion. 3. Must be able to be reached by telephone and email during prescribed business hours. 4. Provide administration of contract by: i. Be familiar with document requirements of water providers including the City of Fort Collins, Fort Collins Loveland Water District, and East Larimer County Water District. ii. Proactively communicate with City on testing schedules iii. Communicate with City on an ongoing basis concerning all issues as they arise including: inability to find device, device is missing, not able to access device, water has not been “turned on” to device, work interruption by City personnel, inability to repair device, etc. iv. Communicate with various City staff in Park Districts, etc., to coordinate device turn-on and turn-off schedules, rain delays, weather delays, etc. v. Track device inventory and testing progress by spreadsheet (will be supplied to the awarded contractor) vi. Any necessary coordination with site managers for access to restricted sites B. Workmanship and Materials 1. Include in your response, current proof of Cross-Connection Control Tester Certification with either the American Backflow Prevention Association (ABPA) or American Society of Sanitary Engineering (ASSE). Certification must stay current throughout term of contract. 2. Must be familiar with the City’s Cross Connection Control Manual at https://www.fcgov.com/utilities/img/site_specific/uploads/crossconnection.pdf. 3. Work must be performed by the holder of the Certificate and the Certificate must be keep current during the term of the contract. 4. All parts and materials used must be new to represent a quality application in the finished product. The replacement parts needed to repair an existing device/assembly shall be original equipment manufacturers (OEM) parts. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 6 of 26 5. Must provide proof of calibration of test equipment. Calibration must have been performed within one year and must stay current throughout term of contract. 6. Testing and repairs must be performed as per the most currently accepted ABPA or ASSE Series 5000 test procedures. 7. The Service Provider shall be required to repair all failed devices at initial inspection if possible. If the device cannot be repaired after multiple attempts, the City’s Project Manager shall be contacted immediately for additional guidance. 8. Keys to enclosures will be provided by the City Project Manager and must be returned at the end of the testing period. Keys shall not be copied or duplicated. Lost Keys must be reported immediately to the City’s Project Manager. 9. Backflows must be left in operational mode unless device has failed test and parts are being ordered or if downstream valves were off when tester arrived. In any situation, where the device is left off, the City Project Manager must be notified within 24 hours. 10. When replacement of assembly is necessary, the Service Provider shall contact the Department prior to replacement for authorization and additional work order documentation. 11. All tests shall be performed five days before or prior to the annual test due date to follow CDPHE Regulation 11.39. The Service Provider shall be responsible for filling out test reports, legibly if handwritten. The Service Provider shall be required to submit the “passed” test reports to the appropriate water utility provider or their reporting agency within two working days of completing a test on each backflow prevention device. Test reports shall be compiled and sent to the City Project Manager in a digital pdf with invoices or when requested. 12. Service Provider warrants all equipment, materials, labor, repairs, transportation and other work provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless of whether the same were furnished or performed by Service Provider. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. C. Bidder Qualifications 1. Service Providers shall have a minimum of (3) three years consistent, hands on experience in commercial and residential backflow testing and must be able to demonstrate this through references. 2. Must provide list of at least ten (10) jobs completed in Fort Collins, ELCO or FCLWD which are available for inspection by Owner. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 7 of 26 3. Must possess current Cross-Connection Control Tester Certification with either the American Backflow Prevention Association (ABPA) or American Society of Sanitary Engineering (ASSE). 4. Provide a list of 15 various repairs and associated costs in Fort Collins, ELCO or FCLWD which are available for inspection by Owner D. Work Order Procedure 1. City will provide Service Provider with a list of devices for requested service to be carried out with sizes, serial numbers, and device locations and required test by date. 2. All job estimates must be submitted on a unit price basis consistent with the prices established in the Bid Schedule. 3. Service Provider will invoice for all jobs completed on a unit price basis with the prices established in the Bid Schedule, including appropriate mark up on materials, if any. Material invoices must be included with the billing invoices. Test fees ($12.95 Fort Collins Utility, etc.) shall not be marked up by tester, and will be reimbursed after submittal. 4. Work Order number and purchase order number must be included on the billing invoices. 5. Invoices shall include information on backflow devices tested including address, location, serial number, size, meter number in spreadsheet format (excel). 6. The City reserves the right to perform random test prior to payment and throughout the term of the agreement to verify compliance. The City reserves the right to perform a final inspection of all backflow devices that are tested and repaired. Should final inspection reveal that work accomplished is incomplete or has not been made in accordance with specifications and authorized change thereto, then the Service Provider shall be required to correct or complete the project before final payment will be made. E. Fees, Licenses & Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. F. Protection of Property All existing structures, utilities, services, roads, trees, shrubbery, etc. located on City property shall be protected against damage or interrupted services at all times by the Service Provider during the term of the awarded contract. The Service Provider shall be held responsible for repairing or replacing any and all property which is damaged by reason of the Service Provider's operation on the property to the satisfaction of the City. G. Use of Subcontractors/Partners Subcontractors are not allowed. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 8 of 26 H. Written and Oral Language Service Provider must read and write the English language to enable them to maintain a daily log of events and to converse with the public while working. I. Schedule The City has established the target schedule shown below for the RFP. The City reserves the right to amend the target schedule at any time. Bid issuance January 28, 2022 Questions due February 4, 2022 Final Addenda issued February 8, 2022 Bid due date February 17, 2022 Agreement start date (tentative) March 15, 2022 J. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. K. Laws and Regulations The Contractor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). The Contractor further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto. L. Travel & Expenses Travel or expenses such as mileage, per diem, etc., will be NOT be reimbursed. M. Standard of Conduct The successful firm shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The City may request the successful firm to immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons: a. Neglect of duty, b. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting, c. Theft, vandalism, immoral conduct or any other criminal action, and d. Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City. All City owned or operated facilities and their grounds are non-smoking sites. All City parks, trails and natural areas are also non-smoking. N. Method of Award The City reserves the right to split the bid award in whatever percentages are most Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 9 of 26 advantageous to the City. Award(s) from this bid will be based primarily on lowest bid price for the total of the testing categories and labor requirement. Exceptions taken will also be considered. Future orders may be authorized, at the option of the City, from this bid for a period of five years after bid closing date. Satisfactory pricing and delivery are required for future orders based on this bid. O. Agreement The awarded Vendor will receive a Purchase Order from the City authorizing work under this Agreement. Vendor should not begin any Work prior to receipt of the Purchase Order. The awarded Vendor is also expected to sign the City’s standard work order type services agreement, a sample of which is attached as Section VI for reference purposes. In the event that the City has agreements with multiple Vendors for the Work, the City reserves the right to choose which Vendor to contact regarding the project, unless order of preference has been established during the contracting process. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the agreement). Each work order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. No work order over $7,500 will be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the agreement) and will not be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. P. Invoices & Payments Invoices for services should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider indicating the address, hours worked, personnel, hourly rate, as well as an itemized material list and copies of the material invoices. No material mark-up will be paid. Billing invoices for completed jobs must use the prices established in the Agreement. In the event a service is requested which is not listed on the Bid Schedule, the Service Provider and the City will negotiate an appropriate unit price for the service prior to Service Provider initiating such work. Q. Insurance Vendor is responsible for providing the City with insurance as required in the attached Agreement. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 10 of 26 R. Warranty Vendor warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with delivery and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Vendor or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Vendor in a manner and at a time acceptable to City. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 11 of 26 9508 BACKFLOW ASSEMBLY TESTING & REPAIR BID SUBMITTAL (this form will be available on BidNet as a separate Word document) VENDOR NAME: SUBMITTAL DATE: Bidders shall return this Bid Schedule as well as the Acknowledgement (next page). A. BID SCHEDULE Award will be based on lowest total for all items (1 through 3) of the Bid Schedule. 1. Provide testing of any size PVB $ per test X 1 = $ 2. Provide testing of any size RP $ per test X 1 = $ 3. Repair labor rates $ per hour X 8 hrs $ TOTAL $ Test fees shall not be marked up by tester and will be reimbursed after submittal on an invoice to the City Project Manager. Test fees may be adjusted if the City’s price increases Attach a separate sheet(s) with the following. Failure to submit any of the requested information may result in your bid being declared non-responsive and not considered for award. 1. Provide information for a minimum of three (3) years consistent, hands on experience in commercial and residential backflow testing. Include company name, address, email address, phone numbers, and contact persons. 2. List of at least ten (10) jobs completed in Fort Collins, ELCO or FCLWD which are available for inspection by Owner. Include the owner’s name, title of project, beginning price, ending price, sub-consultants on the team and a brief description of the work and any change orders. 3. Include in your response, current proof of Cross-Connection Control Tester Certification with either the American Backflow Prevention Association (ABPA) or American Society of Sanitary Engineering (ASSE). 4. Provide a list of 15 various repairs and associated costs in Fort Collins, ELCO or FCLWD which are available for inspection by Owner Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 12 of 26 B. ACKNOWLEDGEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Invitation to Bid and acknowledges that it has read and agrees to be fully bound by all the terms, conditions and other provisions set forth in the Bid. Additionally, Vendor hereby makes the following representations to City: a. In compliance with your Invitation to Bid 9508 Backflow Assembly Testing & Repair and subject to all conditions thereof, the undersigned is authorized to do business in the State of Colorado and hereby proposes to furnish and/or perform the services set forth in the Scope of Work and Specifications, including all items listed on the Bid Schedule. Vendor commits that it is able to meet the terms set forth in the Invitation to Bid, and further acknowledges familiarity with all aspects of the project affecting the cost of the work to be performed. b. The undersigned does hereby declare and stipulate that this bid proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same Work. c. This bid proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next lowest bidder. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 13 of 26 ATTACHMENT A SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of ( ) page(s)and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of ( ) page(s) and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 14 of 26 oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 6. Early Termination by City/Notices. 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 Service Provider. Such notice shall be delivered at least ten (10) 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 immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Attn: email City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 email City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 15 of 26 The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders 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. 13. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 16 of 26 any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 14. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 15. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 16. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 17. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 18. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 17 of 26 Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 19. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. 21. Utilization 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. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 22. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 18 of 26 the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 23. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 24. Prohibition Against Employing Workers Without Authorization. Pursuant to Section 8-17.5- 101 and 102, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization to perform work under this Agreement. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 19 of 26 c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; 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 worker without authorization; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 26. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 27. 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 ( ) page(s), attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 20 of 26 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: Date: Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 21 of 26 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 22 of 26 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 23 of 26 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 24 of 26 EXHIBIT (BID SCHEDULE/COMPENSATION) The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Service Agreement – Work Order Type Page 25 of 26 EXHIBIT INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such 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 Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Service Agreement – Work Order Type Page 26 of 26 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.