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HomeMy WebLinkAboutRFP - 9752 POLICE TOWING SERVICES - ROTATING - MULTIPLE PROVIDERSRFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 1 of 26 REQUEST FOR PROPOSAL 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS RFP DUE: 3:00 PM MT (Mountain Time), March 7, 2023 The City of Fort Collins is requesting proposals from qualified Service Providers to provide the safe and efficient removal of abandoned, disabled, seized, damaged, or impounded vehicles from streets and private property throughout Fort Collins. 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 Jake Rector, Senior Buyer at jrector@fcgov.com, with a copy to Kristy Volesky, Project Manager, kvolesky@fcgov.com, no later than 3:00 PM MT on February 23, 2023. Please format your e-mail to include: RFP 9752 Police Towing Services – Rotating – Multiple Providers 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): 96890 Vehicle Towing and Storage 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. 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 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 2 of 26 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. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Service Providers Registration: The City requires new Service Providers receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) 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. 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 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS 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 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 4 of 26 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers to provide the safe and efficient removal of abandoned, disabled, seized, damaged, or impounded vehicles from streets and private property throughout Fort Collins. B. Background In order to provide for the efficient and safe removal of abandoned, disabled, seized, damaged, or impounded vehicles from streets and private property throughout Fort Collins (the "City") will utilize a rotational towing list to request such towing services when needed by Fort Collins Police Services (FCPS) personnel. To support the efficient management and oversight of the rotational towing program, the City intends to limit the number of contracts awarded to not more than six (6) towing carriers, subject to change at the City’s sole discretion. All selected carriers must be able to tow light and medium duty vehicles up to and including single-axle heavy duty trucks and mini-buses. Two (2) of the selected carriers must have the capability to tow tandem axle trucks or full-size buses. II. SCOPE OF PROPOSAL A. Scope of Work 1. The type of towing services required will vary by type of vehicle and type of tow. Automobiles and light to medium duty trucks may be towed using a tilt-bed wrecker or a standard wrecker with underbody or wheel dolly equipment. A tilt-bed wrecker may be specified by the City based on the judgement of the requesting City representative. Wreckers dispatched to tow single-axle, heavy duty trucks and mini-buses must have a GVWR of between 19,501 and 29,999 pounds. Those dispatched to tow tandem-axle trucks and full-size buses must have a GVWR of at least 30,000 pounds. 2. Service Provider shall maintain true and accurate records according to the daily record requirements of CRS Section 42-5-105. Towing shall be done so as to prevent damage to towed vehicles or to minimize further damage to vehicles which are already damaged. 3. The Service Provider shall have a fenced, secure vehicle storage lot and provide reasonable protection (such as secure tarping) for the vehicle when broken windows or open doors expose the vehicle to the environment. Stored vehicles shall not be released until the rightful ownership of the vehicle is established. The City shall not be responsible for payment of towing or storage fees for vehicles towed to a storage lot. 4. If the Service Provider cannot be reached at the designated phone number three or more times in a 30-day period, or if the Service Provider fails to respond to a towing request within the time limits established in these Specifications more than three times in a 30-day period, the Service Provider’s agreement may be terminated. Service Provider’s shall: 1. Own or lease and operate a fleet of tow vehicles capable of providing towing services as set forth in this RFP. Leased vehicles must be in regular use by the Service RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 5 of 26 Provider and have been procured under multi-year operating lease agreements. 2. Make tow vehicles available for inspection by FCPS personnel when requested. 3. Provide towing services, on an as-needed basis, 24 hours a day, seven days a week, 365 days a year. 4. Make all vehicle hook-ups according to manufacturer’s specifications contained in the vehicle “Owner’s Manual” or according to the most current edition of the “AAA Towing Manual”. 5. Have a valid Tow Permit issued by the Colorado Public Utilities Commission and comply with all applicable Federal, State, and local regulations. 6. Provide the City with a single telephone number to be used for requesting towing services 24 hours a day, seven days a week. This phone number must be answered by a person who can dispatch a tow truck and give the requesting City representative an accurate estimated time of arrival (ETA), or schedule towing when immediate service is not being requested. 7. Dispatch tow trucks using radio, cellular phone or other electronic means of communications between the Service Provider’s dispatch and driver. 8. Be at the disabled vehicle location within 30 minutes of receiving a request for towing services, unless the City representative initiating the request authorizes additional time. 9. Immediately, upon receiving a request for tow, advise the City representative if a tow truck cannot be at the disabled vehicle location within 30 minutes so service can be requested by the City from an alternate source. 10. Provide towing using equipment appropriate to the type of vehicle being towed. 11. Ensure that tow company personnel present a neat appearance. Their full name and company name must appear on shirt and jacket. 12. Ensure that company vehicles are kept clean and that the company name is prominently displayed on the vehicle. Company name must match that used in this Agreement. 13. Maintain an adequate facility where vehicles can be safely stored in a fenced, outside enclosure. The owner or manager of the towing carrier must be available to respond to the towing carrier's storage facility when no other employee of the carrier is available at the carrier's storage facility during normal business hours. 14. Service Provider is not to release possession of a vehicle, or any property therein, that has been designated as having a "police hold" until authorized by the FCPS. 15. Service Provider is not to release possession of stored vehicles until the rightful ownership or right to legal possession of the vehicle is clearly established. If the vehicle is driven from the towing carrier's premises, the driver must be licensed and sober, and be in possession of current proof of insurance. The towing carrier must agree to waive any RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 6 of 26 lien that the carrier may have against personal property contained in any vehicle towed under this policy including, without limitation, any lien authorized under C.R.S. Section 42- 4-1806, including reasonable access during regular business hours by the rightful owner or their representative to a stored vehicle to retrieve personal items such as keys, wallets, purses, checkbooks, credit cards, infant safety seats, tool and electronics (not including electronic equipment such as stereos that are permanently attached to the vehicle.) Service Provider’s Drivers shall: 1. Drive in a normal and prudent manner in compliance of all traffic laws unless otherwise directed by a police officer or community service officer. 2. Cooperate with on-scene police personnel and shall not hook up to any vehicle or clean up any debris until told to do so by the on-scene officer. All debris, including fluids, shall be removed from the immediate area upon request of an officer. 3. Accomplish vehicle tows in such a manner as to prevent or minimize any additional damage to the vehicle or other property. 4. Offer the owner/operator of the vehicle, upon immediate payment by cash or credit card, towing of a vehicle to a destination of the owner’s choice where the vehicle can be legally parked or stored, other than the Service Provider’s storage facility location, including any address within the city limits of Fort Collins. This service shall be provided for no additional cost or fee other than mileage. Approximate mileage fees shall be disclosed to the owner prior to beginning the transport to a location other than the Service Provider’s storage facility location. 5. Provide the owner/operator of the towed vehicle with a document containing the following information: a) Tow company storage facility location. b) Company business phone numbers. c) Hours of operation; and d) A copy of the Uniform Towing Cost Schedule, upon which the applicable charges are indicated, including but not limited to: • Tow fee and mileage charge • Site clean-up, winching, and vehicle dolly fees • Non-business hours gate fees, if any FCPS Personnel will: 1. Call the listed Service Provider’s number to request towing services. Service Provider’s will be called in rotation for the towing of vehicles up to 29,999 GVWR. The towing of heavier vehicles will be rotated between the two companies with suitable equipment. 2. Provide company dispatch personnel with the disabled vehicle type, location, vehicle damage, and any other information pertinent to the requested tow. 3. Assign towing of vehicles to be held for accident investigation or other investigative RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 7 of 26 purposes to the towing company contracted to perform towing of City vehicles. 4. In the case of multiple tows, at the officer’s discretion, designate responsibility for towing a vehicle other than the original dispatch request. General Operating Procedures: 1. The City shall not be responsible for payment of any charges arising from tow requests made on the behalf of private citizens, such as motor vehicle accidents, disabled vehicles, abandoned vehicles, or private property tows. Payment must be arranged with the vehicle driver/owner. 2. Only those towing carriers providing services under this Agreement will be called for the removal of abandoned vehicles. 3. If the FCPS dispatch center receives a no answer or a turn down from a towing carrier called, the call will be considered as a turn in the rotation, and the towing carrier will be rotated to the bottom of the tow list. 4. If the FCPS dispatch center is put on hold for any reason by a towing carrier called, the next towing carrier on the list will be called, and the towing carrier placing the dispatch caller on hold will be rotated to the bottom of the tow list. 5. If the FCPS dispatch center receives a busy signal, they will call the next towing carrier on the list, however, the first carrier called will remain on the top of the tow list. 6. When contacted by FCPS for a tow call, a towing carrier is required to advise dispatch of their estimated response time. If such response time will be longer than 30 minutes, FCPS may call another towing carrier and the first carrier called will be rotated to the bottom of the tow list. 7. If a towing carrier is requested to respond with specific equipment and fails to do so, the carrier will not be used, and will be rotated to the bottom of the tow list. 8. If the on-scene officer feels the towing equipment or operator are not capable of safely handling the call, he/she shall have the right to refuse the towing carrier's service without charge and may call another towing carrier. Such an action will be subject to later review by the FCPS liaison if requested by the towing carrier. Other Requirements: 1. Service Provider shall not solicit the owner of any vehicle towed under this Agreement for repairs to that vehicle, either at the Service Provider's facility or any other repair facility. 2. Service Providers must notify the City Representative when towing equipment is added or deleted from their inventory. 3. Service Provider must obtain a clearance from FCPS for drivers prior to assigning them to provide services under this Agreement. Police Services will check all sources of information they deem relevant and appropriate before issuing a clearance. The Service Provider shall provide the City Representative with the following information about each person seeking clearance: RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 8 of 26 • Full name, date of birth, social security number, and valid driver’s license number. 4. No person may tow vehicles under this Agreement if that person has: • An active criminal arrest warrant. • A conviction for any felony, on parole for such felony, or who has been released from custody for such felony within the previous five years. • A conviction, deferred sentence or adjudication for a misdemeanor offense or an offense which would be a misdemeanor as defined by Fort Collins Municipal Code from another jurisdiction, on drug related charges within the previous five years. • A conviction, deferred sentence or adjudication for a misdemeanor offense or an offense which would be a misdemeanor as defined by Fort Collins Municipal Code from another jurisdiction, on non-drug-related charges within the past three years. • The above stated conviction standards apply for tow owners as well as operators. Service Provider Receipt of Services: A receipt to be provided by the Service Provider to the owner/operator of a towed vehicle that includes, in such form, design and manner as prescribed by the City, the following information: 1. The Uniform Towing Fees Schedule indicating which costs and fees were applied for the service provided. 2. The Fort Collins Police Case Number 3. The following statements: • “This Towing Service Provider has entered into an Agreement with the City of Fort Collins to provide towing services. The rates charged for this service have been agreed upon by both the City and the Service Provider and are indicated above. Questions or concerns about these services should be directed to the Service Provider.” • “The owner/operator of a vehicle may request, upon immediate payment by cash or credit card, towing of the vehicle to a destination of the owner/operator’s choice where the vehicle can be legally parked or stored, other than the Service Provider’s storage facility location, including any address within the city limits of Fort Collins. This service shall be provided for no additional cost or fee other than mileage.” Approximate mileage fees shall be disclosed to the owner/operator prior to beginning the transport to a location other than the Service Provider’s storage facility location. • “An owner/operator may have reasonable access during regular business hours to a vehicle to retrieve personal items such as keys, wallets, purses, checkbooks, credit cards, infant safety seats, tool and electronics (not including electronic equipment such as stereos that are permanently attached to the vehicle.) Failure To Comply With Procedures And Requirements: 1. Towing carriers may be terminated with no cure period from providing services under this Agreement for failure to comply with any procedure or requirement of this Agreement or any violation of any Federal, State and local laws, ordinances, rules, or RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 9 of 26 regulations. 2. Any complaints against Service Providers resulting from performance or non- performance specified under this Agreement shall be referred to the FCPS designated liaison. If the FCPS liaison finds the complaint substantiated, he or she may issue a verbal or written warning, terminate a towing carrier from providing services under this Agreement, and/or notify the Colorado Public Utilities Commission of the complaint. B. 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: February 9, 2023 • Question deadline: 3:00 PM MT on February 23, 2023 • Proposal due date: 3:00 PM MT on March 7, 2023 • Interviews (if necessary): Week of March 13, 2023 • Award of Contract (tentative): March 2023 C. Interviews In addition to submitting a written proposal, the top-rated Service Providers 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. Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, 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. D. Subcontractors/Subconsultants Service Provider will not sub-contract any work for this solicitation. E. 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. F. 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. G. Laws and Regulations RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 10 of 26 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). H. 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. The City pays invoices on Net 30 terms. I. COVID-19 Compliance The Service Provider and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Service Provider shall ensure employees and subcontractors/subconsultants with COVID-19 symptoms do not report to the job site. Service Provider must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. 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 Authorization 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 program offered, including a general description of the program and any unique aspects or benefits provided by your firm. RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 11 of 26 Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider Information 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. 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 to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 5. Include a description of the software and other analysis tools to be used. 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. 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 3. 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. RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 12 of 26 4. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider’s proposal. 5. A description and location for the vehicle storage facility. Proposals should indicate if secure, indoor storage is available. 6. Complete the following Equipment and Driver Information Sheet and submit as part of proposal: Equipment and Driver Information Sheet: 9752 Police Towing Services – Rotating – Multiple Vendors Equipment List: List all vehicles which will be used for towing. For leased vehicles, if any, provide details of the lease agreement on a separate sheet. Make Model Year GVWR Type: Wrecker, HD Wrecker, Tilt-Bed Wrecker, Trailer Driver List: Provide list of the amount of qualified drivers your firm employs as well as their CDL License Class. Awarded Provider may be requested to provide detailed information on all drivers who will be assigned to City towing. Drivers may not tow City vehicles until they have been cleared by Police Services. It is the Service Provider’s responsibility to notify the City Representative in writing of changes or additions to Equipment and to obtain clearance for new drivers prior to assigning them to City towing. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 13 of 26 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 on 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, 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 Schedule In your response to this proposal, please provide the following: 1. Uniform Towing Cost Schedule: Complete and submit as part of proposal the following Uniform Towing Cost Schedule of billing rates by category of service 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. Uniform Towing Cost Schedule: 9752 Police Towing Services – Rotating – Multiple Vendors Towed Vehicle Type Towing Equipment Price per Hookup Price per Loaded Mile Motorcycle Std Wrecker or Tilt Bed $ _______ each $ _______ /mile Car, Van, SUV, Truck to 11,000 GVWR Std Wrecker or Tilt-Bed 10,000 - 19,500 GVWR $ _______ each $ _______ / mile RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 14 of 26 Truck, Single Axle, over 11,000 GVWR, or Mini Bus Wrecker or Tilt-Bed 19,501 - 29,999 GVWR $ _______ each $ _______ / mile Truck, Tandem Axle, or Full-size Bus Wrecker or Tilt-Bed Over 30,000 GVWR $ _______ each $ _______ / mile Misc. Charges Description Cost Sweep up debris If debris clean-up takes more than 15 minutes $ _______ Dolly Fee As required, enter cost in addition to hookup fee $ _______ Hourly stand by fee When not working on tow (after 15 minutes, in 15 minute increments $ _______ / 15 min. Winching Rate Charged in 15 minute increments, after the first 15 min. (this is considered part of the hook-up fee). $_______ / 15 min. Service Charge For vehicle release after normal business hours $ _______ Storage Fee (outside) Fee charged per day, week, and month $_______ day $_______ week $_______ month Heavy Duty Recovery Rate Charged after first 15minutes, in 15 min. increments $ _______/ 15min. Other Services Enter Description below: Enter cost below: ** The City reserves the right to negotiate final Pricing, Terms and Conditions with the awarded vendors. 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 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 15 of 26 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 optional interview session. At the discretion of the City, interviews of the top-rated Service Providers 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? Are there any exceptions to the specifications, Scope of Work, or agreement? Can the firm consistently meet the 30 minute response time requirement? 4.0 Firm Capability & Assigned Personnel Is the Firm’s towing equipment adequate to address all towing requirements? Is the age of the towing vehicles reasonable? Does the firm have an adequate number of drivers? 1.0 Sustainability/TBL Methodology Does the firm utilize any alternative fuel tow vehicles? 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 Cost & Work Hours Is the Cost Schedule complete? Is pricing competitive? RFP 9752 POLICE TOWING SERVICES – ROTATING – MULTIPLE PROVIDERS Page 16 of 26 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 of the terms, conditions and other provisions set forth in the RFP 9752 Police Towing Services – Rotating – Multiple Providers and sample Agreement except as otherwise noted. Additionally, Service Provider 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’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. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under Colorado Open Records Act (CORA). Service Provider hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 17 of 26 VI. 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" 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 , 2022, and shall continue in full force and effect until , 2023, 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. 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 of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the 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 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 18 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: City: Copy to: Attn: Email Address City of Fort Collins Attn: Kristy Volesky PO Box 580 Fort Collins, CO 80522 kvolesky@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. Compensation. The City 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 Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 7. 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. 8. City Representative. The City 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 concerning this agreement shall be directed to the City Representative. 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 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. 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, 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 Official Purchasing Document Last updated 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 19 of 26 performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 11. 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 or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 Official Purchasing Document Last updated 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 20 of 26 any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) page 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. 17. 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 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. 18. Utilization by Other Agencies. The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 19. 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, Official Purchasing Document Last updated 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 21 of 26 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. 20. 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. 21. 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of ( ) page, attached hereto, and incorporated herein by this reference. 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 Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. [Signature Page Follows] Official Purchasing Document Last updated 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 22 of 26 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 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 23 of 26 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence 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 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 25 of 26 EXHIBIT INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Official Purchasing Document Last updated 1/2023 Services Agreement 9723 Towing Services – City Fleet and Evidence Page 26 of 26 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.