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HomeMy WebLinkAboutRFP - 9965 Emergency Mitigation ServicesRFP 9965 Emergency Mitigation Services Page 1 of 26 REQUEST FOR PROPOSAL 9965 EMERGENCY MITIGATION SERVICES RFP DUE: 3:00 PM MT (Mountain Time), May 24, 2024 The City of Fort Collins (City), specifically Fort Collins Police Services (Police), in conjunction with Poudre Fire Authority (PFA), are requesting proposals from qualified Service Providers to provide emergency mitigation services for businesses and homes or properties, after an emergency response to prevent further damage or loss. This is to be a Zero-Cost Contract with PFA and the City. 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. N ote: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Beth Diven, Buyer II at bdiven@fcgov.com, no later than 3:00 PM MT on May 14, 2024. Please format your e-mail to include: RFP 9965 Emergency Mitigation Services in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city -of -fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 910-24 Fire and/or Water Damage Restoration Services 910-62 Protection of Building from Weather or Vandalism 990-30 Disaster Relief Services 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 enter ed 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 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 9965 Emergency Mitigation Services Page 2 of 26 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. 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. 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, Service Provider 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. 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 RFP 9965 Emergency Mitigation Services Page 3 of 26 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 9965 Emergency Mitigation Services Page 4 of 26 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins (City), specifically Fort Collins Police Services (Police), in conjunction with the Poudre Fire Authority (PFA), are requesting proposals from qualified Service Providers to provide emergency mitigation services for businesses and homes or properties, after an emergency response to prevent further damage or loss. This is to be a Zero-Cost Contract with PFA and the City. PFA and the City are not to be invoiced for the cost of emergency mitigation services, except in instances where otherwise specified. The benefit for the selected Service Provider is the potential to generate contracting jobs with property owners. The selected Service Provider will not offer, negotiate, propose, repair, or perform reconstruction work during the emergency phase of the incident. The City and PFA reserve the right to award multiple firms if such an arrangement is deemed to be in their best interest. B. Background Poudre Fire Authority has used mitigation/board up services to mitigate further damage from the elements due to an emergency operation. Mitigation services have also been used to provide temporary fencing around the perimeter of an emergency scene deemed unsafe for human entry. The determination to call for mitigation service will be from the on-scene Incident Commander. The Incident Commander will typically request service through the 911 emergency dispatch center. The Service Provider may request a phone call from the Incident Commander for job specific details after the initial service request has been made. Early communication between the Service Provider and the Incident Commander can assist the Service Provider in determining the necessary scale of its response team and materials for an incident. All Service Provider personnel responding to an incident are required to utilize personal protective equipment as determined by the Incident Commander. This typically includes, head protection, eye protection, respiratory protection and gloves. All Service Provider employees must check in with the Incident Commander before entering the scene. Service Provider personnel will not be allowed to enter the scene until inhalation hazards (smoke) are mitigated. II. SCOPE OF PROPOSAL A. Work Specifications & General Requirements 1. The Service Provider will be called when service is required. The Service Provider will respond within the contracted time and perform the services as specified. The home/business owner will ultimately have the choice of using the contractor for further services for their requirement. PFA and/or the City will not be responsible for any actions or activities once the initial emergency service is complete. 2. The Service Provider is to only seek reimbursement for emergency mitigation services directly from the homeowner’s/occupant’s or business’s insurance company at reasonably prevailing market rates. The Service Provider will not seek reimbursement from non-insured occupants and will provide emergency mitigation RFP 9965 Emergency Mitigation Services Page 5 of 26 services regardless of the occupant’s insurance coverage/status. Service Provider will be required to observe a twenty four (24) hour waiting period from the time of the initial request for services notification before engaging the home or business owner to discuss any offer, negotiation, proposal, repairs, or performing additional restoration/reconstruction services. 3. Required services are to be initiated within one hour from the time of dispatch. Calls for assistance must be answered live or returned within ten (10) minutes. 4. Service Provider must have a valid Contractor’s License to conduct business in Fort Collins, Timnath, LaPorte and Larimer County. 5. Service Provider must provide service twenty four (24) hours a day, seven (7) days a week, fifty two (52) weeks a year, at the convenience of the PFA and/or the City. 6. Service Provider must respond to notification first by a confirming phone call within ten (10) minutes to PFA and/or the City, and arrival on the scene by qualified mitigation staff within sixty (60) minutes. 7. Depending on the size and nature of the mitigation event, the Service Provider may be asked to provide additional services in a timely manner; including, but not limited to, arranging for heavy equipment to be delivered to the scene, as required by PFA and/or the City . Service Provider is expected to provide appropriately trained and licensed operators for all equipment utilized in the course of mitigating an event. Operators will assist in the mitigation under the direction of the onsite Inc ident Commander. In the event that additional services utilizing large equipment are required to mitigate an event, the Service Provider may invoice the PFA and/or the City for the cost. 8. Work completed is subject to final inspection/certification by the appropriate agency (i.e., PFA, City, County, State Health, etc.) having oversight for compliance. 9. Only those building openings as directed by PFA and/or the City will be secured. 10. Service Provider, when providing a service which has been ordered, shall report to PFA and/or the City any condition which may require additional services to safely secure the building, in the event the building is deemed structurally unsafe. 11. Service Provider must keep a ready supply of materials for twenty four (24) hour response needs. Materials required for emergency mitigation services include, but are not limited to:  Plywood sheet must be a minimum of 7/16" thickness CDX or OSB, unpainted.  Standard Framing Studs shall be 2”x 4”x 8’  Fasteners shall be 2" to 2 1/4" dry wall screws.  Fixing must be on 6" centers.  Sign postings as needed, no permit required. 12. Service Provider must have access to sufficient security fencing with controlled access gates for up to a one (1) acre perimeter for securing larger building, such as apartment buildings. 13. Due care shall be exercised to avoid damage to existing improvements, facilities, adjacent property, and real or personal property that is adjacent to areas to be restored. RFP 9965 Emergency Mitigation Services Page 6 of 26 14. Should work be performed by other firms within or adjacent to the limits of the premises specified or should work of any other nature be underway by other firms within the area of service, Service Provider shall cooperate with all such other firms so that any delay or hindrance to their work will be avoided. PFA and the City reserve the right to perform other services as additional work at or near the site. 15. Service Provider is responsible for furnishing proper supervision for services that shall oversee and coordinate activities to ensure services are being performed lawfully, promptly, safely and fully. 16. There is no guarantee to Service Provider of any minimum number of responses. At this time, the type and number of specific incidents which may be performed under the awarded contract are unknown. Due to the size of PFA and Police jurisdiction and the extensive nature of the operation, the potential for a significant number of incidents exists. For planning purposes, PFA and the City estimate the need for approximately 30-40 responses per year. 17. All Service Provider responders shall display company identification and name badges and include company name on panels or fixtures affixed to the property being restored. 18. Service Provider is to provide an itemized account of all hourly labor expenses and direct expenses incurred, as requested by PFA and/or the City. B. Post Mitigation Construction & Remodeling Contracting Provisions Depending on the nature of the incident and at the discretion of the property owner, the Service Provider may be engaged to provide additional services af ter the initial mitigation. In such circumstances, the following would apply. 1. PERMITS: Service Provider shall be responsible for obtaining any and all permits (including the cost thereof) required to perform installation. Installation shall be in complete compliance with all applicable Building and Fire Codes. 2. RIGHT TO INSPECT: PFA and the City shall at all times have the right to inspect the work and materials used in the construction of the improvements. The Service Provider shall furnish all reasonable aid and assistance required for the proper examination of the work and all parts thereof. Such inspection shall not relieve the Service Provider from the obligation to construct the improvements strictly in accordance with the approved plans and specifications of the City of Fort Collins Building Services, the Larimer County Building Department and/or PFA Community Safety Services. 3. PROTECTION OF PROPERTY: The Service Provider shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men/women and materials in connection therewith. The Service Provider shall give reasonable written notice in advance to the department of the City having charge of any property or utilities owned by the City and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. RFP 9965 Emergency Mitigation Services Page 7 of 26 4. METHODS OF OPERATION: Construction work started by the Service Provider on any unit of his/her contract must be continuously and actively prosecuted with an optimum complement of workmen/workwomen and equipment to expedite completion in the shortest possible time. The Service Provider shall organize this construction eight (8) hours per day, including weekends and holidays. 5. TRADE WORKERS: All work shall be accomplished by licensed contractors in the trades required and in an orderly and responsible manner in accordance with recognized standards. At the discretion of PFA and/or the City, the Service Provider acknowledges and agrees that certain services provided by the Service Provider will require that employees and agents of the Service Provider act in positions of trust which may entail the handling of City property and direct contact with members of the general public. Accordingly, the Service Provider agrees that all employees and other representatives or agents of the Service Provider will have undergone a background check. The Service Provider will be responsible for completing the background checks and will disclose the reports upon reasonable request by the PFA and/or City. 6. MATERIAL DISPOSAL: Premises shall be kept clean and neat. Materials, scrap and equipment not having further use at the site shall be promptly removed from the job site. Disposal of Service Provider's waste materials in the City's containers is prohibited unless prior written permission by the City has been granted. 7. OSHA GUIDELINES: The Service Provider shall be familiar with, and operate within, the guidelines as set forth by the Occupational Safety and Health Act (OSHA). C. Service Boundaries The area to be serviced consists of approximately 235 square miles in and around the City of Fort Collins, CO. In general, the district is bounded on the west by a line equal to Redstone Canyon, on the east by a line approximately four miles into Weld County, on the north by approximately Larimer County Road 60E, and on the south by Larimer County Road 30. The following map demonstrates the boundaries of the PFA district. RFP 9965 Emergency Mitigation Services Page 8 of 26 D. 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: May 3, 2024 • Question deadline: 3:00 PM MT on May 14, 2024 • Final Addendum Issued: May 17, 2024 • Proposal due date: 3:00 PM MT on May 24, 2024 • Interviews (tentative): Mid June 2024 • Award of Contract (tentative): End of June 2024 • Contract Start Date: August 15, 2024 E. 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. RFP 9965 Emergency Mitigation Services Page 9 of 26 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. 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. 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. H. 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). III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Service Providers 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. 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. RFP 9965 Emergency Mitigation Services Page 10 of 26 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. Describe your relevant experience with the planning, organization, and implementation of mitigation projects of similar size and scope as described in the Scope of Services above. At a minimum, provide specific examples, their current status, and the estim ated value of the contract, a contact person, phone number, and contact’s email address. Please include details on any of the following additional services you have the capability to provide as follows: • Site security; including temporary fencing, security personnel and site access control. • Scene lighting. • Temporary heating equipment. • Temporary power. • Water removal. • Assistance to occupants in retrieving immediate needs (contents) that are not contaminated. • Debris removal (including dumpsters and/or trucks). • Fans for drying. • PODS or similar containers for temporary storage. • Crime-scene cleanup; i.e. biohazard remediation (e.g. meth-lab cleanup). • Hazardous material response, including asbestos identification & abatement. • On-site portable restrooms. • Technical rescue and shoring, as well as structural engineering. • Heavy equipment; i.e. skid steer, front end loader, cranes, etc. • Victim assistance: temporary housing, emergency toiletries, etc. • Tree felling and removal. • Cleaning and salvage of valuable items (books, paintings, clothing, etc.). 2. Describe your detailed plan of execution for PFA and City emergency services. This plan shall include a minimum of the following: • Qualified personnel available on a day -to-day basis. • Size and composition of a typical response team. RFP 9965 Emergency Mitigation Services Page 11 of 26 • Detail the number of multiple dispatches your company has the capacity to handle. • Service Provider management program which describes how your company’s standard operating procedures will be consistently implemented, managed, audited and reported to PFA and/or the City. Provide an example of your reporting format. • Training program which will include frequency and type of training on procedures, incident command training or certifications, safe operation of tools and equipment, and general job site safety. • Your process for the disposal, and/or recycling of mitigation materials. 3. Define the measures you have taken to retain employees. Such measures may include, but are not limited to: employee pay scales, benefit packages, vacation/sick/paid time off, etc. What is the average length of time an employee remains with your company? 4. Do you plan to subcontract portions of your work? Please discuss any subcontracting relationships that you might use as part of this contract. Identify those segments of work that are subcontracted. How will you maintain and monitor subcontractor’s perform ance? 5. Explain in detail how you will effectively administer this contract. Take into account the following requirements: • For PFA and/or the City to track and administer this contract it will be necessary to receive a service ticket for each job ordered or dispatched by PFA and/or the City. • Identify any third parties that may be invoiced and explain your process for invoicing them. In particular, tell us if you use the Xactimate system. • Do you have a single point of contact for all customer services related issues? If so, identify that individual and include their resume in your list of key personnel. 6. It may be necessary to make an on-site visit by PFA and/or City personnel to your office/dispatch center. Please identify the following: • Location of office or dispatch center. • Locations from which your personnel will be responding. • Identify locations where you store and pick up your building materials. • List the types of tools and/or equipment you normally respond with. • Identify the structure or make up of your mitigation crews. For example, are they typically carpenters, general laborers, etc.? What is their typical experience level, i.e. years of experience? • Anticipated response time to all defined service areas. • What follow-up provisions/procedures have been established by your company after the job has been completed? 7. Define your process for working with insurance companies for emergency mitigation activities. 8. Provide standard mitigation rates that are reimbursable through insurance companies. RFP 9965 Emergency Mitigation Services Page 12 of 26 9. Provide a description of your mitigation method. Include a description of the standard materials used, including wood and fasteners, as well as a diagram of how the material is installed. 10. What provisions or penalties would you suggest PFA and the City implement for a vendor who becomes noncompliant with this contract? 11. Do you use electronic surveillance equipment or programs to monitor dispatch radio calls? If so, explain how that information is utilized in your organization. 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. Include a list of key administrative and supervisory personnel you plan to assign to this project along with their resumes and/ or third party certifications. Provide an overview of qualifications and experience for each key staff member that will be supporting the PFA’s and City’s requirements. Provide an overview of the training program for response team members. 3. Define the measures you have taken to retain employees. Such measures may include, but are not limited to: employee pay scales, benefit packages, vacation/sick/paid time off, etc. What is the average length of time an employee remains with your company? 4. 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. 5. 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. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. RFP 9965 Emergency Mitigation Services Page 13 of 26 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Service Provider. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Availability 1. Can the Service Provider be on-site within the defined service area within one hour of receiving a dispatch call? 2. Does the Service Provider have the capability to mobilize additional personal and equipment in the event of a large mitigation need? 3. Is the Service Provider located within the defined service area and/or has a storage facility within the service area containing all of the basic required materials for mitigating an event? 4. Provide an outline of your response process from receipt of the dispatch call to completion of mitigation services at an event. 5. Describe the methods and timeline of communication your firm will use with the PFA, City , and other parties on site at a mitigation event. 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 RFP 9965 Emergency Mitigation Services Page 14 of 26 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. 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. 0BMax. Points Possible 1BEvaluation Criteria 2B15 3BSummary of Relevant Experience/Qualifications with similar projects 4B20 5BProposed Plan of Execution 6B5 7BKey Personnel 8B5 9BEmployee Retention 10B5 11BSustainability Plan for Assignments & TBL Methodology in general 12B2 13BSubcontracting Relationships 14B10 15BContract Administration / Service Provider Management 16B5 17BLocation / Equipment / Response Time 18B5 19BProcess for Working with Insurance Companies 20B10 21BMitigation Rates 22B5 23BMitigation Methods 24B3 25BPenalties for Non-compliance 26B5 27BElectronic Surveillance Policy 28B5 29BException(s) to Agreement 30B100 31BTotal Number of Points Possible RFP 9965 Emergency Mitigation Services Page 15 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 9965 Emergency Mitigation Services 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. 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. 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. 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, Service Provider 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: RFP 9965 Emergency Mitigation Services Page 16 of 26 Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 4/2024 RFP 9965 Emergency Mitigation Services Page 17 of 26 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in Section 3 below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY), in conjunction with and as agent, on behalf of the POUDRE FIRE AUTHORITY (PFA), and , a(n) [enter state] [business type], (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 (Services) attached hereto as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references to named third parties in this AGREEMENT and its Exhibits, the SERVICE PROVIDER shall be solely responsible for performance of all duties hereunder. 2. Changes. The CITY/PFA may, at any time during the term of the AGREEMENT, make changes to the AGREEMENT. Such changes shall be agreed upon in writing by the parties. 3. Agreement Period. This AGREEMENT shall commence , 20 (the Effective Date) and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the CITY/PFA, the AGREEMENT may be extended for additional one-year periods not to exceed [choose one] additional one- year period(s). 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 no later than thirty (30) days prior to AGREEMENT end. 4. Early Termination by City . Notwithstanding the time periods contained herein, the CITY/PFA may terminate this AGREEMENT at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the SERVICE PROVIDER. 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) calendar days of the effective date of termination. Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination. 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: Official Purchasing Document Last updated 4/2024 RFP 9965 Emergency Mitigation Services Page 18 of 26 SERVICE PROVIDER: PFA: CITY: Attn: Email Address Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this AGREEMENT shall be written. 6. Compensation. This shall be a zero cost AGREEMENT between the parties for the services defined in Exhibit A. 7. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the CITY/PFA and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the SERVICE PROVIDER or third parties against the CITY/PFA arising out of or related to this AGREEMENT (including but not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the CITY/PFA's defense costs and reasonable attorney’s fees. 8. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. 9. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the CITY/PFA, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY/PFA shall have no obligation to continue this AGREEMENT in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY/PFA shall not be construed as a breach of this AGREEMENT. 10. City Project Manager. The CITY/PFA will designate, before commencement of the Services, the CITY/PFA Project Manager who will make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this AGREEMENT. All requests for contract interpretations, change order, and other clarification or instr uction shall be directed to the CITY/PFA Project Manager. The initial CITY/PFA Project Manager for this AGREEMENT is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The CITY/PFA Project Manager is subject to change by the CITY/PFA. 11. Independent Contractor. The Services to be performed by the SERVICE PROVIDER are those of an independent contractor and not of an employee of the CITY/PFA. The CITY/PFA shall not be responsible for withholding or remitting any portion of SERVICE PROVIDER's Official Purchasing Document Last updated 4/2024 RFP 9965 Emergency Mitigation Services Page 19 of 26 compensation hereunder or any other amounts on behalf of SERVICE PROVIDER for the payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or benefits or for any other purpose. 12. Personal Services. It is understood that the CITY/PFA enters into the AGREEMENT based on the special abilities of the SERVICE PROVIDER and that this AGREEMENT shall be considered as an AGREEMENT for personal services. Accordingly, the SERVICE PROVIDER shall neither assign any responsibilities nor delegate any duties arising under the AGREEMENT without the prior written consent of the CITY/PFA. 13. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the Services without the prior written consent of the CITY/PFA, which shall not be unreasonably withheld. If any of the Services are subcontracted hereunder, with the consent of the CITY/PFA, then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar Servic es, (b) the subcontractor/subconsultant 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/subconsultant and the CITY/PFA, nor will it obligate the CITY/PFA to pay or see to the payment of any subcontractor/subconsultant, and (d) the Services of the subcontractor/subconsultant will be subject to inspection by the CITY/PFA to the same extent as the Services of the SERVICE PROVIDER. The SERVICE PROVIDER shall require all subcontractor/subconsultants performing Services hereunder to maintain insurance coverage naming the CITY/PFA as an additional insured under this AGREEMENT in accordance with Exhibit [choose one]. The SERVICE PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide the CITY/PFA with a copy of the certificate(s) within two (2) business days. The SERVICE PROVIDER shall be responsible for any liability directly or indirectly arising out of the Services performed under this AGREEMENT by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. 14. Acceptance Not Waiver. The CITY/PFA's approval of Project Instruments furnished hereunder shall not in any way relieve the SERVICE PROVIDER of responsibility for the quality or technical accuracy of the Services. The CITY/PFA’S approval or acceptance of, or payment for any of the Services shall not be construed to operate as a waiver of any rights or benefits provided to the CITY/PFA under this AGREEMENT. 15. Warranty . a. SERVICE PROVIDER warrants that all Services performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for Services of a similar nature. Official Purchasing Document Last updated 4/2024 RFP 9965 Emergency Mitigation Services Page 20 of 26 16. Default. Each and every term and condition hereof shall be deemed to be a material element of this AGREEMENT. In the event either party should fail or refuse to perform according to the terms of this AGREEMENT, that party may be declared in default upon notice. 17. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) calendar days from the date of notice 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. In the event of a dispute between the parties regarding this AGREEMENT, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections 18. Entire Agreement; Binding Effect; 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 the matter recited herein. This AGREEMENT supersedes any prior agreements, promises, or understandings as to the matter recited herein. The AGREEMENT 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 regarding the matter recited herein, 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. 19. Law/Severability . The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of this AGREEMENT—without regard to choice of law or conflict of law principles. 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 U.S. District Court for the District of Colorado. In the event any provision of this AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this AGREEMENT. 20. Use by Other Agencies. The CITY/PFA reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) to use the CITY/PFA’s award determination to the SERVICE PROVIDER. Use by any other Agency shall not have a negative impact on the CITY/PFA 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/PFA 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 Official Purchasing Document Last updated 4/2024 RFP 9965 Emergency Mitigation Services Page 21 of 26 established between them and the SERVICE PROVIDER. The CITY/PFA’s concurrence hereunder is subject to the SERVICE PROVIDER’s commitment that this authorization shall not have a negative impact on the Services to be completed for the CITY/PFA. 21. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that the CITY/PFA, 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); §§ 24-34-401, et seq., C.R.S.; and any associated State or Federal laws and regulations 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. Pursuant to CITY/PFA policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The CITY/PFA also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the CITY/PFA 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 SERVICE PROVIDER shall comply with the CITY/PFA’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. 22. ADA and Public Accommodations. In performing the Services required hereunder, the SERVICE PROVIDER agrees to meet all requirements of the Americans with Disabilities Act of 1990, §§24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the SERVICE PROVIDER or which would be imposed on the CITY/PFA as a public entity. 23. G overnmental 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. Sections 24-10-101 et seq., and under any other applicable law. 24. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY/PFA is a governmental entity subject to the Colorado Open Records Act, C.R.S. Sections 24-72-201 et seq. (CORA), and documents in the CITY/PFA’s possession may be considered public records subject to disclosure under the CORA. 25. Delay . Time is of the essence. Subject to Force Majeure , if the SERVICE PROVIDER is temporarily delayed in whole or in part from performing its obligations, then the SERVICE PROVIDER shall provide written notice to the CITY/PFA within two (2) business days defining the nature of the delay. Provision of written notice under this Section shall not operate as a waiver of any rights or benefits provided to the CITY/PFA under this Official Purchasing Document Last updated 4/2024 RFP 9965 Emergency Mitigation Services Page 22 of 26 AGREEMENT. 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 party that 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 affected party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the SERVICE PROVIDER must provide notice to the CITY/PFA of such condition within ten (10) calendar days from the onset of such condition. 27. O rder of Precedence. In the event of a conflict or inconsistency within this AGREEMENT, the conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: a. The body of this AGREEMENT (and any written amendment), b. Exhibits to this AGREEMENT, and c. The Purchase Order document. 28. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver of any provision above. Any terms included in any Exhibit or other attachment that requires the CITY/PFA to indemnify or hold SERVICE PROVIDER harmless; requires the CITY/PFA to agree to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with statute, City Charter or City Code in any way, shall be void. [Signature Page Follows] Official Purchasing Document Last updated 4/2024 RFP 9965 Emergency Mitigation Services Page 23 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 4/2024 RFP 9965 Emergency Mitigation Services Page 24 of 26 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 4/2024 RFP 9965 Emergency Mitigation Services Page 25 of 26 EXHIBIT [CHOOSE ONE] 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 4/2024 RFP 9965 Emergency Mitigation Services Page 26 of 26 EXHIBIT [CHOOSE ONE] INSURANCE REQUIREMENTS The SERVICE PROVIDER will provide, from insurance companies acceptable to the CITY/PFA, the insurance coverage designated hereinafter and pay all costs. Before commencing Services under this bid, the SERVICE PROVIDER shall furnish the CITY/PFA with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Insurance amounts required herein do not represent a limitation of liability. In case of the breach of any provision of the Insurance Requirements, the CITY/PFA, at its option, may take out and maintain, at the expense of the SERVICE PROVIDER, such insurance as the CITY/PFA may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the SERVICE PROVIDER under this AGREEMENT. Insurance certificates should show the certificate holder as follows: City of Fort Collins Poudre Fire Authority Purchasing Division AND 102 Remington Street PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 CITY/PFA, its officers, agents and employees shall be named as additional insureds on the SERVICE PROVIDER 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of Services 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 Services performed under this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. G eneral Liability. The SERVICE PROVIDER shall maintain during the life of this AGREEMENT such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Services 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 Services 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.