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HomeMy WebLinkAboutRFP - 9872 SCHOOL FLASHERSRFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 1 of 36 REQUEST FOR PROPOSAL RFP # 9872 SCHOOL ZONE FLASHER SYSTEM RFP DUE: 3:00 PM MT (Mountain Time), October 20,2023 The City of Fort Collins is requesting proposals from qualified Service Providers for the procurement of a School Zone Flasher System (SZFS). The School Zone Flasher System is a comprehensive solution for the implementation and management of current systems located in the School Zones Map (Attachment C). The SZFS will include the School Zone Flasher Clock, Central System Software (CSS), Communication, Integration and Support for the Service Providers’ proposal. 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 Dennis Ralph at dralph@fcgov.com, with a copy to Britney Sorensen, Project Manager, at bsorensen@fcgov.com, no later than 3:00 PM MT on October 9, 2023. Please format your e-mail to include RFP # 9872 SCHOOL ZONE FLASHER SYSTEM 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): 55080 Traffic Controls and Equipment, Electric Systems 55088 Traffic Signals and Equipment, Electric Systems 55096 Warning Lights, Flashers, and Flashing Arrow Boards (See Class 285-76 for Streetlights and Standards) 80196 Signs, Traffic, Solar Powered, LED, Flashing, Programmable 92471 School Operation and Management Services 96882 Traffic Signal Installation 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 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 9872 SCHOOL ZONE FLASHER SYSTEM Page 2 of 36 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 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 Service Providers 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 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. 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 Registration: The City requires new Service Providers receiving awards from the City to submit IRS form W-9 and requires all Service Providers 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. RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 3 of 36 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. The selected Service Provider 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 9872 SCHOOL ZONE FLASHER SYSTEM Page 4 of 36 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers for the procurement of a School Zone Flasher System (SZFS). The School Zone Flasher System is a comprehensive solution for the implementation and management of current systems located in the School Zones Map (Attachment C). The requirements of the SZFS includes the School Zone Flasher Clock, Central System Software (CSS), Communication, Integration and Support for the Service Providers’ proposal. B. Background Fort Collins is a community of approximately 175,000 located in northern Colorado. The City of Fort Collins Traffic Department maintains 66 school clocks in 49 school zones across 56 square miles. The current school zone beacons are operated using Eltec NTC-17E clocks with no remote communication. All 49 school zones are AC powered and do not have solar capabilities. Currently, there are eight school zones with variable speed limit signs that require a second relay in the clock to change the speed limit during school zone flash times. Existing school clocks are installed in Pelco SE-1002 cabinets. Approximately half of the school zone flashers contain a back plate with a circuit breaker and NEMA flasher. The other half currently use a mushroom/pinnacle flasher mounted in a signal head to provide flashing operation. The traffic signals in Fort Collins are managed through the Econolite Centracs Central System Software. A fiber optic network spans the city but is not available at most school zone flasher locations. II. SCOPE OF PROPOSAL A. Scope of Work The City of Fort Collins Traffic Operations seeks to install new School Zone Flasher clocks, back panels, and Central System Software to provide remote monitoring and programming capabilities. This Request for Proposal (RFP) seeks proposals for the City to compare and evaluate available systems. The contract award will be based on evaluation of price, system requirements, functionality, technical support, licensing requirements and product availability as more detailed in Section IV. Respondents shall address any additional equipment, software upgrades or equipment replacements and associated costs required to make the existing cabinets and beacons compatible with the proposed solution. A prioritized list of school zones is listed in Attachment B. The School Zones map of current locations and the City of Fort Collins maintenance area is provided in Attachment C. Following award of the contract, the Scope of Work will be refined by the City in collaboration with the awarded Service Provider to formulate the final Scope of Work for the project. RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 5 of 36 B. REQUIREMENTS 1. School Zone Flasher Clock a. School Zone Flasher Clocks (clocks) shall be capable of operating on either 120 VAC or 12 VDC/solar power. b. Clocks shall provide a minimum of ten (10) day plans, sixteen (16) program steps per plan and twenty-five (25) exceptions/holidays. c. A minimum of two (2) independent 15-amp relay outputs shall be required. d. Clocks shall have non-volatile memory that provides a minimum of seven (7) days capacitive backup. e. Clocks shall be capable of being programmed in the field. f. Clocks shall be mounted on a pre-assembled cabinet back panel with a 15- amp circuit breaker. g. Back panels shall be modular to support installations that require a NEMA flasher and locations that utilize mushroom/pinnacle flashers. h. Back panels shall include terminal blocks for field wires. i. Back panels shall fit into a Pelco SE-1002 cabinet. j. A wiring harness shall be included to allow efficient replacement of a failed clock. k. All licenses necessary to utilize required clock features shall be included. 2. Central System Software a. The CSS shall support a minimum of one hundred (100) clocks. b. The CSS shall display real time status of the school zone clocks and beacons, including loss of power and indication failures. c. The CSS shall provide email and text message alerts for notification of malfunctions. d. The CSS shall have the ability to label the clock/school zone location, ID number and school name. e. The CSS shall have the ability to send program changes to individual or groups of school clocks. f. The CSS shall support remote software and security updates. g. Program changes shall prompt for confirmation to prevent inadvertent changes. h. The CSS shall be capable of providing grouping reports and power failure, system malfunction and operating fault logs. i. The CSS user interface shall include a map that displays beacon and clock status. j. An override function with the ability to alter the schedule of one or multiple devices shall be included. k. The CSS shall be able to sync the time on the clocks to maintain accurate time. 3. Communication a. Reliable wireless communications to existing and future clocks within the City’s maintenance area shall be required. b. The clocks and CSS shall operate over a secure network. c. Wireless communication shall operate in the unlicensed frequency bands or using cellular frequencies as determined by the carrier. d. Compliance with City network and security policies and procedures regarding third-party access shall be required. e. Five (5) years of connectivity and service with options to extend the service . RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 6 of 36 f. If cellular modems are used, an option to upgrade the cellular modem if technology loses cellular network support shall be provided. g. Service plans shall ensure that no cellular overage charges occur. 4. Integration, Training and Acceptance a. Functional tests shall be completed in the presence of Traffic representatives. Deficiencies shall be recorded and corrected by the Vendor to the satisfaction of Traffic representatives. b. A final acceptance test shall be conducted to demonstrate all functional requirements are met. c. Comprehensive training of maintenance personnel for operating, troubleshooting, and maintaining the SZFS shall be completed prior to final acceptance. 5. Support, Warranty, and Updates a. Warranty terms shall be included in the proposal. b. Standard software support shall include upgrades with backward compatibility over the life of the system. c. The proposed software and hardware shall have a minimum useful life and be supported for a minimum of ten (10) years from date of final acceptance by the City. d. Operating and maintenance manuals shall be provided in electronic (PDF) format and include all applicable wiring diagrams. C. 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: October 2, 2023 • Question deadline: 3:00 PM MT on October 9, 2023 • Final Addendum Issued: October 13, 2023 • Proposal due date: 3:00 PM MT on October 20,2023 • System Demonstration/ Interviews (tentative): Week of October 23 • Award of Contract (tentative): October 31, 2023 • Completion of project: December 15, 2023 Project Schedule and Milestones • Project Initiation: Upon Contract Execution • Initial Delivery: November 2023 (Field components) • Software Installation: November 2023 (Central System Software) • Project Completion: December 15,2023 D. Budget RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 7 of 36 The budget for this project is $100,000. It is anticipated that funding may not complete the replacement of all school zone clocks. A prioritized list of school zones is included in Attachment B. E. System Demonstration/Interview In addition to submitting a written proposal, the top-rated Service Providers will be required to provide a system demonstration of the equipment and will be interviewed by the RFP assessment team. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Selected Service Providers will also be asked to demonstrate their School Zone Flashing System by presenting a working simulation of their proposed system and installing it in a test cabinet. The product demonstration will be held at the City of Fort Collins Traffic Management Center. Power, a cabinet and beacons representing field conditions will be provided by the City. F. Subcontractors/Subconsultants Service Provider 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; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider. G. 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. H. 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 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 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). J. Work Orders The awarded Service Provider(s) will be required to sign the City’s Work Order Type Agreement, a sample of which is attached as Section VI for reference purposes. In the event that the City has agreements with multiple Service Providers for the Work, the City reserves the right to request proposals for individual Work Order assignments from the awarded Service Providers or assign Work Orders directly to a Service Provider/ at its sole discretion. Selection for individual Work Orders may be based on, but not limited to, availability, approach, prior experience, firm capability, and cost. Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 8 of 36 date, total cost and a Scope 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 stated in the Agreement. No Work Order over $7,500 will be considered valid until signed, at a minimum, by the Service Provider, 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 Service Provider, project manager and Purchasing Department representative. K. Invoicing and Payment Invoices 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 project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider 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 forty (40) single sided twenty (20) double sided) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers, and Acknowledgement 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 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 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 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 School Zone Flasher System offered, including a general description of the hardware and software requirements and any unique aspects or benefits provided by your firm. RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 9 of 36 Indicate your availability to participate in the demonstrations/interviews on the proposed dates as stated in the Schedule section. B. Service Provider Information Primary contact information with the Company Name, Address, Phone Number, contact information for Project Manager including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). 1. Describe the Service Provider’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 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. C. Scope of Proposal 1. Provide a detailed description of the overall concept based on the Scope of Work and Requirements shown above. The narrative should include any options that may be beneficial for the City to consider, methods and assumptions used and any exceptions and/or risks. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Include a description of the software and hardware, including any licensing requirements and other analysis tools to be used. 4. Provide a completed Functional Requirements matrix (Attachment A) indicating level of compliance and applicable notes for each item. 5. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service Provider. 6. Describe technical support, training, maintenance requirements and warranty details. 7. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 8. Can the work be completed in the necessary timeframe, with target start and completion dates met? 9. Are other qualified personnel available to assist in meeting the project schedule if required? D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 10 of 36 2. Provide a list of key personnel who will be involved, their roles and availability to administer these services. Include specific staff resumes, experience and documentation showing all required qualifications are met. Provide names and responsibilities of subcontractors who will be involved. 3. Describe the availability of project personnel to participate in this project in the context of the Vendor’s other commitments. 4. Please include at least three (3) examples and references from similar projects you have been awarded in the past five (5) years. For each example, please include a short description of the project, who it was created for, contact information, cost of the project and photos or drawings. The Vendor authorizes the City to verify all information contained in the Vendor’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. 5. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. 6. Provide a detailed timeline/schedule of all key project milestones. a. Can the work be completed in the necessary timeframe, with target start and completion dates met? 7. Compete the SaaS Cyber Vendor Questionnaire in Attachment D. 8. Are other qualified personnel available to assist in meeting the project schedule if required? 9. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 10. Complete the School Zone Flasher System Functional Requirements matrix (Attachment A). Indicate the compliance level of each item (Compliant, Partially Compliant, Non-Compliant). Provide comments as needed to describe compliance. 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. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects of which your firm has been the prime Service Provider. 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, RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 11 of 36 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. Cost and Availability In your response to this proposal, please provide one-time cost and annual recurring cost for a period of five (5) years for the following: 1. Provide an itemized price quote with a cost for all hardware (School Zone Flasher Clocks) and equipment required to complete the Scope of Work. 2. Provide an itemized price quote with a cost for all Central System Software 3. Provide an itemized price quote with a cost for all Communication. 4. Provide an itemized price quote with a cost for all Integration. 5. Provide an itemized price quote with a cost for all support. 6. Provide standard lead times for system hardware procurement. 7. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for subconsultants/subcontractors, if used, shall be included. G. 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. The Service Provider 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. H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 12 of 36 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and system Demonstration/Interview session. At the discretion of the City, Demonstration/Interviews of the top-rated Service Providers will 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 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity, and support capabilities required to successfully complete the project on time and on budget? Has the firm successfully completed previous projects of this type and scope? Do the people who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? Can the target start, and completion dates be met, including attendance of meetings as required by the Scope of Work? 3.0 System Requirements Does the proposed approach accomplish the project goals? Does the proposal’s Scope of Work include detailed tasks for each element as applicable and are the assumptions reasonable? Are all required components in the Functional Requirements matrix (Attachment A) fully compliant? 2.0 Cost & availability Does the proposal include a detailed cost break- down for each applicable cost element? Are the line-item and total system costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 13 of 36 V. ACKNOWLEDGEMENT Service Provider 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 the terms, conditions and other provisions set forth in the RFP 9872 School Zone Flasher System and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All the statements and representations made in this proposal are true to the best of the Service Provider’s knowledge and belief. b. Service Provider 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 further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins 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 acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider acknowledges that 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 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. 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. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 14 of 36 Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 15 of 36 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT 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 , 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. 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 one (1) page, 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 one (1) page 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. Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 16 of 36 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 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 , 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, 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. 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. 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. 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. 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: City: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 8. 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 Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 17 of 36 with reference to the work requested. All requests concerning this Agreement 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. 9. 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. 10. Payments. 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 City 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 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. 11. 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. 12. 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. 13. 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 Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 18 of 36 City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 14. 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 any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 15. 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. 16. 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 the Service Provider in a manner and at a time acceptable to City. 17. 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. 18. 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. Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 19 of 36 19. 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. 20. 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 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. 21. 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. 22. 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 Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 20 of 36 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. 23. Prohibition Against 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 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. 24. 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. 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. 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 Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 21 of 36 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 Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 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 one (1) page, attached hereto and incorporated herein by this reference. [Signature Page Follows] Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 22 of 36 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 23 of 36 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER 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. Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or subsequent renewals as of the Work Order commencement date and will be held firm through completion of this Work Order. 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: Service Provider By: Date: Name: Title: ACCEPTANCE: Date: Name, City Representative REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 24 of 36 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Service Provider's 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: Service Provider By: Date: Name: Title: ACCEPTANCE: Date: Name, City Representative REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 25 of 36 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 26 of 36 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 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 27 of 36 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. Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 28 of 36 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. Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 29 of 36 Attachment A - School Zone Flasher System Functional Requirements matrix Category Required - Features or functionalities must be provided. If the feature or functionality is not within the standard products, it must be provided through software or hardware customization. Any cost required to implement the feature must be included in the total cost of the proposal. Indicate if the requirement will not be met and if an alternative functionality is proposed. Preferred - Features or functionalities that are desirable and enhance the functionality of the school zone flasher system. Considered - Features or functionalities that may be beneficial for use in the school zone flasher system. Compliance Compliant - Features or functionalities are fully compliant with the requirement. Partially Compliant - Features or functionalities are not fully compliant or require additional hardware or software to be compliant. Describe compliance information in the comment section. Non-Compliant - Features or functionalities that are not compliant with the requirement. Provide information in the comments section noting if the requirement will not be met and if an alternative functionality is proposed. Category Function Compliant Partially Compliant Non- Compliant Comments 1.0 School Zone Flasher Clocks 1.1 Required Supports 120 VAC and/or 12 VDC/solar power 1.2 Required Minimum of ten (10) day plans, sixteen (16) program steps, twenty-five (25) exceptions/holidays 1.3 Required Minimum of two (2) independent 15-amp relay outputs 1.4 Required Non-volatile memory with seven (7) day capacitive backup 1.5 Preferred Keypad programming 1.6 Preferred Program transfers from unit to unit via PC 1.7 Preferred Field programming via PC 1.8 Required Back panel with circuit breaker, NEMA flasher and terminal blocks for field wires 1.9 Required Back panel with circuit breaker, mushroom/pinnacle flasher support and terminal blocks for field wires 1.10 Required Back panel to fit Pelco SE- 1002 cabinet 1.11 Required Wiring harness for efficient clock replacement 1.12 Required Software licenses included Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 30 of 36 Category Function Compliant Partially Compliant Non- Compliant Comments 2.0 Central System Software 2.1 Required Number of school clocks supported 2.2 Required Display real time clock and beacon status 2.3 Required Provide SMS alerts 2.4 Required Provide email alerts 2.5 Required Provide notification of malfunctions 2.6 Required Ability to label location, ID numbers and school names 2.7 Required Send individual or group programs 2.8 Required Support remote software and security updates 2.9 Required Prompt for confirmation for program changes 2.10 Required Reports by group 2.11 Required Power failure, system malfunction and fault logs 2.12 Required System map 2.13 Required Override functions for weather days, early release, etc. 2.14 Required Time clock sync 2.15 Preferred Mobile phone friendly application 2.16 Preferred Diagnostic capabilities 2.17 Considered Web based user interface 2.18 Considered Provide cabinet door open alarm 2.19 Considered Knockdown detection 3.0 Communication 3.1 Required Communication covers City maintenance area 3.2 Required Secure network 3.3 Required Unlicensed frequency bands or carrier based cellular frequency 3.4 Required Network and security access information 3.5 Preferred Service plan options 3.6 Preferred Renewal increments and cost 3.7 Required Technology upgrade options 3.8 Required No cellular overage charges Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 31 of 36 Attachment B – School Zone Flasher Upgrade Priority 1 Kechter at Jupiter 2 Avondale at Coyote Ridge 3 Ziegler at Lady Moon/Trilby 4 Horsetooth at Auntie Stone 5 CR 54G at CLP 6 Prospect at Welch 7 Taft Hill at Orchard 8 Prospect at Fuqua 9 Drake at Tulane 10 Vine at Irish 11 Boardwalk at Highcastle 12 Fossil Creek at Huntington Hills 13 Fossil Creek at Mail Creek 14 Highcastle at Southridge 15 Lady Moon at Muskrat 16 Zephyr at Regal 17 Mulberry at Washington 18 Lemay at Boltz 19 Taft Hill & Blevins 20 Lemay at Tavelli 21 Corbett at Nine Bark 22 Horsetooth at Arctic Fox 23 Laporte at McKinley 24 Shields at Maple 25 Vine at Lyons 26 Caribou at Linton 27 Hinsdale at McGraw 28 McMurry at Monte Carlo 29 Seneca at Troutman 30 Troutman at Moss Creek 31 Prospect at Stover 32 Vine at Lancer 33 2500 Laporte 34 Laporte at Impala 35 Bennett at Bennett 36 Centennial at Fernwood 37 Hampshire at Coventry 38 Lochwood at Shepardson 39 Meadowlark & Beattie 40 Stover at Brown 41 Stuart at Brookwood 42 800 E Elizabeth 43 Elizabeth at Smith 44 Laurel at Endicott 45 Maple at McKinley 46 Meldrum at St Joes 47 Stover at Locust 48 Stuart at Stover 49 Swallow at Rocky Mountain Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 32 of 36 School Zones Map Attachment C Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 33 of 36 Attachment D Software as a Service (SaaS) SaaS Cyber Vendor Questionnaire 1. Data Ownership: The City of Fort Collins will own all rights, title and interest in its data that is related to the services provided. All data obtained by the vendor regarding the performance of these services shall become and remain the property of the City. The vendor will not share or distribute any City data to any other entity without the City's written consent. Can you comply with this? Answer: 2. Data Protection: Describe how you safeguard the confidentiality, integrity, and availability of City information, including encryption of personal data in transit and at rest, and access control. Do you have a privacy and security policy, and does the policy apply to customers’ private data including personal identifiable information? Answer: 3. Data destruction: What procedures and safeguards does the vendor have in place for sanitizing and disposing of City data according to prescribed retention schedules or following the conclusion of a project or termination of a contract to render it unrecoverable and prevent accidental and/or unauthorized access to City data? Answer: 4. Data Location: Are the data centers where City data may be stored or processed located exclusively in the United States? Do you allow your personnel or contractors to store City data on portable devices? Do your personnel and contractors access City data remotely? Answer: 5. Security Incidents or Data Breaches: Describe your data breach and incident response communication plans. Has the company experienced any security breaches? If yes, explain. Answer: 6. Breach Responsibilities: In addition to data breach communication, what additional responsibilities do you have to your customers in the event of a data breach involving private data that is in your control, or in the control of your contractors/subsidiaries, at the time of breach? Do you have cybersecurity insurance? If yes, provide an overview of the coverage. Answer: 7. Background Checks: Do you conduct criminal background checks on all staff, including subcontractors? Do you employ people convicted of any crime of dishonesty? Answer: Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 34 of 36 8. Access to Security Logs and Reports: The vendor shall provide reports to the City in a format specified in the SLA agreed to by the vendor and the City. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all City files related to this contract. Can you comply with this? Answer: 9. Risk Assessments and Audits: Do you conduct periodic risk assessments to identify cybersecurity threats, vulnerabilities, and potential business consequences? Do you have regular independent assessments of your cybersecurity processes? Do you perform independent audits of your data center? How often? What level of audit is performed (e.g., SOC2)? Would you be willing to share redacted versions of your most recent risk assessment and audit report with the City? Answer: 10. Change Control and Advance Notice: How do you communicate upgrades (e.g., major upgrades, minor upgrades, system changes) that may impact service availability and performance to your customers? Answer: 11. Upgrades: Are technology systems (e.g., servers, network devices, operating systems, applications, malware definitions) regularly updated/patched? Do you have any systems in production that are past end of life or that can no longer be patched? Answer: 12. Non-disclosure and Separation of Duties: Describe how you enforce separation of job duties and limit staff knowledge of City data to that which is necessary to perform job duties. Answer: 13. Import and Export of Data: Describe the data import and export processes from the customer’s perspective. Answer: 14. Subcontractor Disclosure: Identify all your strategic business partners related to services provided under this arrangement, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the you, and who shall be involved in any application development and/or operations. Answer: 15. Right to Remove Individuals: The City shall have the right at any time to require that the vendor remove from interaction with the City any vendor representative who the City Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 35 of 36 believes is detrimental to its working relationship with the vendor. Can you comply with this? Answer: 16. Encryption of Data at Rest: Can you ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data? Answer: 17. Internet-Facing Security: We may use BitSight (like a credit report for cyber security) to assess your internet-facing security. Do you subscribe to BitSight or a similar service, and if so, are you willing to provide a sanitized report? Answer: 18. Service Interruption: In the event of an interruption of your service, what is your process for notifying customer operations of the circumstances of the interruption or outage and the expected recovery time? Answer: 19. Backup and Recovery: What is your backup & recovery SLA? What are the actual results/metrics vs. the SLA for the last 12 months? Is your backup data encrypted and, if so, to what standard? Answer: 20. Authentication: Do you have an internal password policy? Do you have complexity or length requirements for passwords? Can employees/contractors remotely connect to your production systems? (i.e., VPN. Is multi-factor authentication available? Do you require MFA for administration of your service (local or remote)? Do you support SSO/SAML ADFS for customer access? Answer: 21. Cyber Insurance: Does your firm carry cyber insurance? If so, what are your insurance levels? Answer: 22. CAIQ Questionnaire: Lack of security control transparency is a leading inhibitor to the adoption of cloud services. As part of the City of Fort Collin’s Information Security program we are requesting that all our Cloud Service Providers complete and submit the Cloud Security Alliance (CSA) CONSENSUS ASSESSMENTS INITIATIVE QUESTIONNAIRE (CAIQ). This will enable Utilities to have greater confidence that the information is being appropriately protected, and that processes are in place for appropriate action to be taken where any areas of concern emerge. The City will request that the Vendor of Choice complete the CAIQ to assess the maturity of policies, systems and controls that are in place related to services you provide. The questionnaire is available here or www.cloudsecurityalliance.org. The question set was developed by CSA in partnership with industry groups to provide an agreed question set that can be used across the supply chain and is focused on providing industry-accepted ways to document what security controls exist in IaaS, Official Purchasing Document Last updated 3/13/23. Services Agreement – Work Order Type RFP 9872 SCHOOL ZONE FLASHER SYSTEM Page 36 of 36 PaaS, and SaaS offerings, providing greater security control transparency. Describe Vendor familiarity with the CAIQ questionnaire. Answer: