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HomeMy WebLinkAboutRFP - 9882 PFA OVERHEAD DOOR REPAIR & MAINTENANCE SERVICES ON-CALLRFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 1 of 26 REQUEST FOR PROPOSAL 9882 PFA OVERHEAD DOOR REPAIR & MAINTENANCE SERVICES ON-CALL RFP DUE: 3:00 PM MT (Mountain Time), October 11, 2023 The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is requesting proposals from qualified Service Providers to provide on-call installation, repair, replacement, and maintenance services for the overhead doors at fire stations. As part of the City’s commitment to sustainability , proposals must be submitted online through the Rocky Mountain E -Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of -fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Beth Diven, Buyer II at bdiven@fcgov.com, no later than 3:00 PM MT on September 29, 2023. Please format your e-mail to include: RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call 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 RFP may be obtained at http://www.bidnetdirect.com/colorado/city -of -fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 910-55 Overhead Door Installation, Maintenance, and Repair 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. 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 Service Providers/Professionals to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This 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 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 2 of 26 requirement applies to all third-party Service Providers/Professionals 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. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA . All pricing will be c onsidered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. 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 information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Service Providers/Professionals Registration: The City requires new Service Providers/ Professionals receiving awards from the City to submit IRS form W-9 and requires all Service Providers/ Professionals 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. 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. RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 3 of 26 The selected Service Provider/Professional shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 4 of 26 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is requesting proposals from qualified Service Providers to provide on-call installation, repair, replacement and maintenance services for the overhead doors at fire stations. The awarded Service Provider will provide all hardware and accessories necessary to perform installation of new doors, repairs, regular routine maintenance, emergency services calls and/or replacement of overhead doors, as authorized and approved by PFA’s Representative. B. Background PFA has overhead doors of varying sizes at 13 fire stations and 2 training buildings. An interactive map of the fire station locations can be found online at https://www.poudre- fire.org/about-us/pfa-facilities-stations. The following is a brief summary of the existing overhead doors: Station # Size 1 Door Width x Height # of Doors Size 2 Door Width x Height # of Doors Operator Type/Brand Brand/ Manufacturer Station 1 14’2” X 14’ 6 10’2” X 7’5” 1 Overhead/Liftmaster Raynor w/lights Station 2 12’2” X 11’8” 2 Overhead/Liftmaster Wayne Dalton w/lights Station 3 12’2” X 12’ 2 Overhead/Liftmaster Overhead/Raynor Raynor w/lights Station 4 14’2” X 14’ 8 Overhead/Liftmaster Wayne Dalton w/lights Station 5 12’ X 14’ 3 Wall -mount/Raynor Raynor w/lights Station 6 12’6” X 14’ 6 Wall -mount/Liftmaster Overhead/Liftmaster (3) Wayne Dalton (3) Raynor w/lights Fleet Services 12’6”X14’ 4 16’2”X14’ 4 (2) Wall -Mount/Liftmaster (6) Overhead/Raynor (2) Wayne Dalten (6) Raynor Station 7 12’2” X 12’ 0.5” 2 10’2” X 12’ 1 (2) Overhead/Liftmaster (1) Overhead/Raynor Raynor Station 8 14’2” X 14’ 8 Wall -mount/Liftmaster Wayne Dalton Station 9 12’2” X 14’ 3 Overhead/Raynor Raynor Station 10 12’2” X 14’ 3 Overhead/Liftmaster Raynor Station 11 12’2” X 12’ 2 Overhead/Raynor Unknown/No Label Possibly Raynor Station 12 12’2” X 14’ 2 Overhead/Liftmaster Overhead/Raynor Raynor Station 14 12’2” X 14’ 5 (1) Overhead/Liftmaster (4) Overhead/Raynor Raynor Training A 12’2” X 14’ 2 Overhead/Raynor Raynor Training B 12’2” X 14’ 2 Overhead/Raynor Raynor RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 5 of 26 The above list is a general overview of the PFA facilities at the time of issuance of the RFP. This list may be subject to change over the life of the resulting Agreement. C. Utilization by Other Agencies The Poudre Fire Authority is a member of the Front Range Fire Consortium, which is made up of the nine largest fire departments in Northern Colorado and Southern Wyoming, and includes the following departments in addition to PFA: • Boulder Fire Rescue • Front Range Fire Rescue • Greeley Fire Department • Longmont Fire Rescue • Loveland Fire Rescue Authority • Mountainview Fire Protection • Platte Valley Fire Protection District • Wellington Fire Protection District • Windsor-Severance Fire Protection District Any of the above referenced agencies may leverage this RFP process to contract with the awarded Service Provider for similar services. The awarded Service Provider will honor the pricing provided to the City/PFA’s for these agencies. However, nothing is this option for utilization by other agencies shall be deemed as authorization for any of the named agencies to act as an agent for the City/PFA in connection to this RFP and subsequent Agreement, and neither party shall have the right or authority to assume or create any obligation or responsibility on behalf of the other. The other agencies shall be solely responsible for any debts, liabilities, claims or expenses incurred in connect with any agreement/purchase established between them and the awarded Service Provider. II. SCOPE OF PROPOSAL A. Scope of Services At the start of the Agreement, the awarded Service Provider will be expected to conduct an audit of all PFA overhead doors at the fire stations and training facilities. Service Provider will be expected to maintain an accurate record of the overhead doors at each facility along with maintenance and repair records for each. The following is indicative of the services expected during the term of the Agreement: • Service Provider shall provide, at no additional cost to the PFA, consultation regarding equipment selection, site visits, meetings, estimates and/or quotes. • Upon arrival at each site, Service Provider shall check in with the designated contact and evaluate the specific materials needed and develop an estimate of the expected cost of materials. • Service Provider shall provide all parts and materials of the type used in the original equipment manufacturer (OEM) installation unless otherwise approved by the PFA. If OEM parts and materials are not available, materials of similar type and quality are required. The Service Provider must offer fair and reasonable pricing for all parts and RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 6 of 26 materials. • All parts must be new and unused. Prototype, refurbished, used or demo parts are not allowed. • Service Provider shall maintain a reasonable supply of available parts and maintain a reasonable supply system for acquisition of additional parts either immediately or with minimal delay. • Service Provider shall list all materials furnished on the invoice. Material listing shall contain a description, quantity, single item cost, and an extended cost of each material. • Any individual item with an extended cost exceeding five hundred dollars ($500.00) will require a copy of the supplier’s invoice attached to their invoice to the PFA as backup documentation. This will serve to document material mark -up charges. • Any materials supplied to the PFA that are covered by the OSHA Hazard Communications Standard must be accompanied by the applicable Safety Data Sheet (SDS) at the time of delivery. The awarded Service Provider will also be responsible for the annual servicing of the overhead doors at all facilities. The Service Provider and PFA’s Representative will coordinate a mutually agreed upon schedule for performing the annual services to optimize overhead door performance and reliability with minimal operation disruption to PFA’s facilities. The annual service will include, but is not limited to: • A full system function test • An inspection of all components • Lubrication on all moving parts • Adjustments to doors as needed • Ability to order and install necessary parts • Adjustments to door timers as needed B. Repair/Service Quotes Service Provider will provide to PFA’s designated representative a written quote for any services or repairs totally greater than $500. The quote will include an itemized list of parts, pricing by line, labor hours and rate, any shipping expenses, and an estimated time/date for completion. C. Service Timeframes The Service Provider will be expected to respond onsite to a general service or repair request within 24 hours of PFA’s request. In the event of an emergency repair request, PFA will indicate that the repair is an emergency, and Service Provider will be expected to respond onsite within 2 to 3 hours of receipt of the repair request. Within 24 hours of each service request on-site response, the Service Provider will send an email to Support_BC@poudre-fire.org to close out the order or provide an update of additional work to be done. If additional work is required, the Service Provide will detail the nature of the work remaining and provide a timeline for completion. RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 7 of 26 D. Warranty Guaranty Service Provider shall be fully responsible for any and all warranty work, regardless of whether or not manufacturers of equipment, and/or its component parts, provide the actual warranty coverage. In addition, Service Provider shall have or establish a single, local source that will accomplish or coordinate any necessary warranty work if the Service Provider is not self -performing the work. Service Provider shall respond to requests for warranty assistance within twenty -four (24) hours. E. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: September 19, 2023 • Question deadline: 3:00 PM MT on September 29, 2023 • Final Addendum Issued: September October 4, 2023 • Proposal due date: 3:00 PM MT on October 11, 2023 • Interviews (tentative): End of October/Early November 2023 • Award of Contract (tentative): November 2023 • Contract Start Date: January 1, 2024 F. Interviews In addition to submitting a written proposal, the top-rated Service Providers/Professionals may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company , approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. G. Subcontractors/Subconsultants Service Provider/Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider/Professional; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider/Professional. H. Fees, Licenses, Permits The successful Service Provider/Professional shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. I. Laws and Regulations The Service Provider/Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 8 of 26 Disabilities Act (ADA). J. Invoicing and Payment Invoices should be emailed upon completion and acceptance of the work to invoices@fcgov.com with a copy to the PFA’s designated representative. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct invoice by the Service Provider indicating the service location, task description, hours worked, hourly rate, date of the work performed specific to the task, and itemized list of materials and costs. Payments will be made using the prices listed on the agreed-to Price Schedule and/or Service Provider’s quote for the Work. In the event a service is requested which is not listed on the Price Schedule, the Service Provider and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Service Providers/Professionals are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers/Professionals propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Service Providers/Professionals include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider/Professional Information 1. Describe the Service Provider/Professional’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 9 of 26 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City/PFA to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Describe the methods and timeline of communication your firm will use with the PFA’s designated representative and other parties. 4. Describe your relationships with various overhead door manufacturers/suppliers? 5. Describe product availability and delivery timeframes? 6. How will you ensure that emergency repairs are completed in a timely manner? 7. Describe your process for avoiding repeat visits to complete a single repair? 8. Identify what portion of work, if any, may be subcontracted. D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 2. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Service Provider authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 3. Describe the training received by personnel performing work on overhead doors, including any applicable certifications. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 10 of 26 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Service Provider/Professional. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Availability & Response Times 1. Does the Service Provider have the personnel and capacity to respond to service requests as required by the Scope of Work? 2. Are other qualified personnel available to assist in meeting service needs if required? 3. Describe your standard operation procedures in responding to a service request. 4. Describe how your firm ensures that emergency requests are addressed in the requisite time frame? G. Cost Complete Section VI, Pricing Schedule. H. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Service Provider/Professional. The Service Provider/Professional is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. I. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider/Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 11 of 26 Provider/Professional has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers/Professionals will be evaluated on the following criteria. This set of 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 Service Providers/Professionals may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category . WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 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? 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? 3.0 Firm Capability & Assigned Personnel 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? Do the persons who w ill be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 12 of 26 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? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day -to-day business operating processes, practices and procedures? 3.0 Availability & Response Times Does the Service Provider have the personnel and capacity to respond to service requests as required by the Scope of Work? Are other qualified personnel available to assist in meeting service needs if required? Does the Service Provider have an established process for ensuring that emergency requests are addressed in a timely manner? 2.0 Cost Does the proposal include detailed cost break - down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 13 of 26 V. ACKNOWLEDGEMENT Service Provider/Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call and sample Agreement except as otherwise noted. Additionally, Service Provider/Professional hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider/Professional’s knowledge and belief. b. Service Provider/Professional commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider/Professional further agrees that the method of award is acceptable. e. Service Provider/Professional also agrees to complete the proposed Agreement with the City /PFA within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider/Professional acknowledges receipt of addenda. g. Service Provider/Professional acknowledges no conflict of interest. h. Service Provider/Professional acknowledges that the City /PFA 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. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. 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 information and financial data information may not be disclosed by the City /PFA. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City /PFA for the City /PFA’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 14 of 26 Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 15 of 26 VI. PRICING SCHEDULE A. Service Technician Hourly Rates: Regular Hourly Rate $ Non-Emergency Hours of Operation Emergency Hourly Rate $ B. Annual Preventative Maintenance/Service (check one) Flat Annual Fee in the amount of $ Per station/visit fee in the amount of $ Other. Please describe here or in an attached document: C. Percentage Mark-up on Parts % D. Other Applicable Expenses (Please describe) Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 16 of 26 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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", as agent, on behalf of the POUDRE FIRE AUTHORITY, hereinafter referred to as the “PFA”, and , a(n) [Enter State] Corporation , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence , 2023, and shall continue in full force and effect until , 2024, unless sooner terminated as herein provided. In addition, at the option of the City/PFA, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods . Renewals and pricing changes shall be negotiated by and agreed to by both parties 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. 3. 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/PFA of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City/PFA. Notwithstanding the time periods contained herein, the City/PFA 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. 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. Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 17 of 26 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Service Provider: PFA: Copy to: Attn: Email Address Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. City/PFA Representative. The City/PFA will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City Representative. The initial City Representative for this agreement is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The Representative is subject to change by the City/PFA. 7. Compensation. The City/PFA shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit , consisting of ( ) page and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the City/PFA Representative. 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/PFA 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/PFA pays invoices on Net 30 days from the date of the invoice. 8. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City/PFA, 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/PFA shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City/PFA shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 18 of 26 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City/PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City/PFA), 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 w ill 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/PFA, nor will it obligate the City/PFA 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/PFA to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 11. Personal Services. It is understood that the City/PFA 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 any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City/PFA. 12. Acceptance Not Waiver . The City/PFA’s approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty . a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable t o City/PFA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City/PFA-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i.) The original manufacturer’s warranty term; or ii.) 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/PFA 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/PFA. 14. Default. Each and every term and condition hereof shall be deemed to be a material element Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 19 of 26 of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail 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. 16. 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 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. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City/PFA, 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/PFA as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's 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/PFA. 18. Law/Severability . The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 20 of 26 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 inv alidate or render unenforceable any other provision of this Agreement. 19. Utilization by Other Agencies. [Optional] 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. 20. Prohibition Against Unlawful Discrimination. The City, 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, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to 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 pr ohibits 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. 21. 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 Governm ental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 21 of 26 22. 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. 23. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. 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. 24. 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. [Signature Page Follows] Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 22 of 26 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: POUDRE FIRE AUTHORITY By: ________________________________ Derek Bergsten, Fire Chief Date: ______________________________ ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 23 of 26 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call 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. Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 25 of 26 EXHIBIT INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City and/or PFA, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City/PFA 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/PFA, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City/PFA 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 Poudre Fire Authority Purchasing Division AND 102 Remington Street PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 The City and PFA, 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. G eneral 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/subconsultant, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant insurance. Official Purchasing Document Last updated 2/1/2023 RFP 9882 PFA Overhead Door Repair & Maintenance Services On-Call Page 26 of 26 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) and Poudre Fire Authority (the “PFA”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City/PFA 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/PFA 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/PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City/PFA, or that relates to the business of the City/PFA, or that is used by the City/PFA 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/PFA). 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/PFA. 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/PFA. 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/PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City/PFA, or the City/PFA so requests for any reason, the Service Provider shall promptly return to the City/PFA 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/PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City/PFA 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.