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HomeMy WebLinkAboutBID - 10035 Code Compliance On-CallBID 10035 CODE COMPLIANCE ON-CALL Page 1 of 43 INVITATION TO BID BID 10035 CODE COMPLIANCE ON-CALL BID OPENING: 3:00 PM MT (our clock), September 9, 2024 The City of Fort Collins is requesting bids from qualified Service Providers to provide equipment, supplies, materials, and labor necessary and required to perform Code Compliance on-call services for Community Development & Neighborhood Services. These services include snow & ice abatement in the winter and weed & grass cutting, rubbish removal, and minor (non- arborist) tree/bush trimming in the summer from designated properties in accordance with Section 20-44, Section 20-45, 20-101, 20-102, and 27-59 of the Municipal Code (the “Services” or “Work”). Services also include the hauling of material to an authorized landfill or recycler, under the direction of the City Representative. The City intends to award Agreements to multiple Service Providers. As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Public Bid Opening: Bid opening will be conducted shortly after 3:00 PM MT on September 9, 2024. Bid openings will be conducted by videoconference. At said place and time, and promptly thereafter, all Bids that have been duly received will publicly opened and read aloud. To access the Bid opening, please follow the link: Microsoft Teams Need help? Join the meeting now Meeting ID: 237 279 471 339 Passcode: meQ3Da Alternatively, the bid opening can be accessed via phone. This option will only allow you to hear the audio presentation. Dial in by phone +1 970-628-0892,,723731945# United States, Grand Junction Find a local number Phone conference ID: 723 731 945# Any questions must be submitted, in writing via email, to Dennis Ralph, Senior Buyer at dralph@fcgov.com with a copy to Project Manager, John Hernandez at jhernandez@fcgov.com, no later than 3:00 PM MT (our clock) on August 28, 2024. Please Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing BID 10035 CODE COMPLIANCE ON-CALL Page 2 of 43 format your e-mail to include: Bid 10035 CODE COMPLIANCE ON-CALL in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet: A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This BID has been posted utilizing the following Commodity Code(s): 91027 Garbage/Trash Removal, Disposal and/or Treatment 96872 Snow and Ice Removal Services 97508 Agricultural Tractors, Mowers, Implements and Accessories Rental or Lease 98836 Grounds Maintenance: Mowing, Edging, Plant (Not Tree) Trimming, etc. 98875 Roadside Maintenance Services (Including Mowing, etc.) 98888 Tree Trimming and Pruning 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 entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Provider 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 Provider and their subcontractors/subconsultants at every tier. Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Special Instructions: All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm BID 10035 CODE COMPLIANCE ON-CALL Page 3 of 43 for a period of ninety (90) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Service Provider. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Service Provider must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. 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. Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. 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. Service Provider Registration: The City requires a new Service Provider receiving awards from the City to submit IRS form W-9 and requires all Service Provider to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Service Provider Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Service Provider 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. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. BID 10035 CODE COMPLIANCE ON-CALL Page 4 of 43 Gerry Paul Purchasing Director BID 10035 CODE COMPLIANCE ON-CALL Page 5 of 43 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins is soliciting bids from qualified Service Providers to provide equipment, materials, supplies, and labor necessary and required to perform Code Compliance on-call services for Community Development & Neighborhood Services. These services include snow & ice abatement in the winter and weed & grass cutting, rubbish removal, and minor (non-arborist) tree/bush trimming in the summer from designated properties in accordance with Section 20-44, Section 20-45, 20-101, 20-102, and 27-59 of the Municipal Code (the “Services” or “Work”). Services also include the hauling of material to an authorized landfill or recycler, under the direction of the City Representative. The City intends to award Agreements to multiple Service Providers. Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time. • Bid issuance: August 22, 2024 • Question deadline: 3:00 PM MT (our clock) on August 28, 2024 • Bid Opening Date: 3:00 PM MT (our clock) on September 9, 2024 • Award of Contract (tentative): September 19, 2024 SCOPE OF WORK Definitions City Representative shall mean the Code Compliance Supervisor or their designated representative. Service Provider shall mean a successful bidder who has entered into a Services Agreement with the City of Fort Collins. Equipment Required The Service Provider shall submit a list of all equipment that will be used to accomplish the Work utilizing the Bid Submittal Form. Service Provider(s) selected for award must be prepared to have equipment inspected and approved by the City's Representative. The City Representative shall determine if the equipment made available by the Service Provider is sufficient to perform the Work satisfactorily in a timely and efficient means. If the equipment used for completing certain Work assignments is deemed insufficient by the City Representative, the City reserves the right to NOT pay invoices for that job or request that invoice revisions are made. Inspections of equipment may be performed by the City Representative at any point during the contract. The Service Provider will promptly notify the City Representative of any changes to the equipment available to perform the Services. BID 10035 CODE COMPLIANCE ON-CALL Page 6 of 43 Notification for Abatement The City shall notify Service Provider verbally or in writing of Services to be performed. Such notification shall include the location of such Services and any other special circumstances relating to the Services. The City Representative must be able to reach the Service Provider easily, be responded to within a reasonable time frame of two (2) hours during normal business hours. The Service Provider must have a mobile phone where messages can be left. If the City Representative is unable to reach a Service Provider when needed, the City Representative may engage another Service Provider to perform Services. Nothing within this contract shall obligate the City to have any particular Service performed by the Service Provider. Safety The Service Provider shall perform all Work in a safe manner and must ensure that proper Personal Protective Equipment (PPE) and safety gear is worn at all times. Personnel working on or near the road including the road shoulder or right-of-way must wear a Class III reflective safety vest and hard hats at all times. Personnel must wear eye and ear protection during snow blowing, weed whipping and while performing other tasks that create a hazard to the ears and eyes. At the Service Provider’s discretion, employees may perform the Work in teams if it is determined necessary to maintain safe working conditions. In the event the Service Provider determines their safety is at risk they must immediately take action to eliminate the risk and notify the City Representative of such unsafe working conditions. Performance The Service Provider shall perform all Services in the most efficient manner and at the lowest cost to the City. Any damage to property caused by the Service Provider in the performance of this contract shall be the sole responsibility of the Service Provider. The Service Provider shall be assigned each job by the City Representative, or their designate. A list stating the address of the job, and the date the job was assigned to the Service Provider shall be considered notice to proceed on each given job. At the time jobs are assigned, the City Representative shall give oral and/or written instructions as to how each job is to be performed. The Service Provider shall complete each job as assigned within forty-eight (48) hours of receiving the assignment. If the job is not completed within forty-eight (48) hours, the City Representative reserves the right to assign the job to another Service Provider of the City’s choice or allowing the original Service Provider to complete the job. Should extenuating circumstances arise, such as severe weather or broken equipment, etc. which prevents the Service Provider from completing the job on schedule, the Service Provider must immediately notify the City Representative, who shall decide if an extension shall be granted. If the Service Provider does not perform the job as instructed, they shall be called back to correct the job. The City shall not be charged for any corrections, and all corrections shall be made promptly and professionally. Failure to make corrections as directed by the City Representative BID 10035 CODE COMPLIANCE ON-CALL Page 7 of 43 may be cause to terminate the contract. Should the Service Provider arrive at a job site, to find the Work partially done or in process, the Service Provider shall not begin Work, and shall immediately notify the City Representative. Should a property owner or a resident request that the Service Provider stop Work, the Service Provider shall immediately stop Work, give the property owner/resident the City Representative's card or phone number, and immediately notify the City Representative. If possible, the Service Provider should also obtain the name and number of the property owner/resident. Under no circumstances should the Service Provider make arrangements with the property owner or resident for extra time to correct a violation. Digital Photos All Services performed under this contract require the use of a digital camera. A digital photo, with accurate date and time stamp and a board displaying the case number and location, must be taken prior to, and upon completion, of all Services performed. Photos must clearly represent the violation prior to Work beginning and the Work performed. If photos do not meet the intended needs of the City Representative, the City Representative reserves the right to NOT pay invoices for that job site. See Attachment 1 - Example Abatement Photos for properly documented before and after photos. These example photos are representative of the type of information required, and actual photos of Work performed may differ at each job site. All Service Providers will be required to attend a non-compensable training course prior to the Summer and Winter abatement seasons. Please contact Community Development and Neighborhood Services for more information on scheduling. Changes in the Work The City may, at any time during the term of a particular Work assignment and without invalidating the contract, make changes within the general scope of the particular Work assignment and the Service Provider agrees to perform such changed Work. Materials, Equipment and Labor The Service Provider undertakes and agrees to furnish and pay for all materials, supplies, labor, transportation, equipment, tools, consumables, services and supervision necessary to perform any Services hereunder. Ice Melt The City understands that the application of Ice Melt may be a necessary tool to soften hard- packed snow and ice, however excessive use of Ice Melt is not allowed and may not be reimbursed by the City. If the excessive use of Ice Melt per job is determined excessive by the City Representative, an explanation of need may be required by the Service Provider. Disregard for the City Representative’s recommended quantity of Ice Melt may be cause for non-payment of Ice Melt on invoice. Move-On Fee A Move-On Fee is defined as de-mobilizing from one Work site and re-mobilizing to a different Work site per City Representative directive, but no Work is performed because the abatement has already been completed. The Service Provider shall be allowed to charge one (1) Move-On Fee of $35.00 to each Work site that meets the Move-On Fee criteria. If multiple abatements are performed at a single property which meet the Move-On Fee criteria, only one (1) Move-On BID 10035 CODE COMPLIANCE ON-CALL Page 8 of 43 Fee may be applied. Hazard Fee The Service Provider shall be allowed to charge a “hazard fee” of $50 per job on jobs where the rubbish contains potentially hazardous items. The $50 hazard fee is per job regardless of the number of employees deployed. These items may include bedbugs, drug related materials/waste, excrement, insect infestation, etc. It will be the responsibility of the Service Provider to fully document the possible hazard with photos and narrative. If conditions are deemed too hazardous and unsafe by the Service Provider, the Service Provider shall immediately contact the City Representative and leave the Work site. Dust Prevention and Control Manual The City of Fort Collins has adopted a Dust Prevention and Control Manual. The manual can be found at: www.fcgov.com/dust. All operations conducted under this Agreement shall be performed in accordance with the stated procedures and requirements. Subcontractors and Materials Any subcontractors the Service Provider intends to utilize under the Agreement must be approved by the City in writing prior to the start of any Work by such subcontractor. A list of all permitted subcontractors (if applicable) and material suppliers (if any) must be submitted with the bid. The Service Provider shall not utilize the services of any subcontractor not listed on the subcontractor list as submitted in performing Work pursuant to the contract without the prior written consent of the City nor shall the Service Provider obtain supplies or equipment used in the performance of this contract unless such supplier is listed on the material list. The City reserves the right to deny use of subcontractors hereunder at its sole discretion. Records The Service Provider shall, at all times, maintain accurate Work records, noting the address of the job, the City-assigned job number, digital photos (as required), the condition of the property, the hours worked, the number of employees used, the equipment used, and any problems or unusual incidents. These Work records may be requested and inspected at any time by the City Representative. Invoices & Payments Invoices shall be submitted on City-approved forms only, and each invoice shall be submitted with a lien release if approved subcontractors are used. Invoices shall reflect the equipment used, the number of people on site, and total time spent on site. Invoices shall be submitted within seven (7) calendar days of job completion. An Example Invoice Form and an Example Lien Release Form is included in Attachments 2 and 3, respectively. Work shall be invoiced at the bid hourly rate associated with the most efficient type of Work and the equipment used. All reasonable landfill and/or recycle fees will be reimbursed and landfill tickets must be submitted with the invoice. The City may not pay fees for an unsecured or uncovered load. Time spent driving from the job site to the landfill, and time spent at the landfill shall be invoiced in quarter hour increments at the hourly rate submitted for light weed and rubbish removal. If multiple trips to the landfill are required, then drive time back to the job site from the landfill shall be invoiced in quarter hour increments at the hourly rate submitted for light weed and rubbish removal in addition to the regular drive time to the landfill and time spent at the landfill. Move-On Fees may also be included on the invoice as appropriate (see above BID 10035 CODE COMPLIANCE ON-CALL Page 9 of 43 section titled Move-On Fee for further information). If the Service Provider is on-site for less than ½ hour, the Service Provider may invoice up to ½ hour of their rate listed on the bid schedule for one employee. For example, if the duration of a snow abatement takes 15 minutes and two employees are present, the invoice may only reflect ½ hour of Work. If that same abatement takes 15 minutes for one person to complete, the Service Provider still may invoice for ½ hour. If more than ½ hour is spent at the Work site and/or more than one (1) employee is used, the invoice must accurately reflect the actual time worked at the appropriate hourly rate per person or per equipment. All charges for equipment used shall also include the operator’s labor charges as stated in the equipment list provided in the contract. These labor charges should not be charged separately. The first flat tire incurred in the course of Work (if the flat was caused by a hazard on a job site, and not in the public right-of-way) shall be reimbursed by the City, subject to City review and provided a receipt is submitted. Subsequent flat tires caused by hazards on the same job site shall be paid for by the Service Provider. All invoices must accurately reflect the actual time worked. Non-accurate invoices may be cause for termination of the contract. Invoices for Services should be emailed upon completion of the Work, or as otherwise specified in the Agreement, to jhernandez@fcgov.com, and invoices@fcgov.com. The cost of the Work completed shall be paid to the Service Provider on Net 30 terms following the submittal of a correct invoice by the Service Provider indicating the Purchase Order number, project name, 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 (if applicable), 3rd party supporting documentation with the same detail (if applicable) and a brief progress report (if applicable). ADDITIONAL INFORMATION Method of Award The City reserves the right to split the bid award in whatever percentages are most advantageous to the City. Award(s) from this bid will be based primarily on lowest bid price as well as the maintenance and support plan costs over five (5) years. Delivery lead times, details of the maintenance & support plans and exceptions taken will also be considered. Agreement The awarded Service Provider will receive a Purchase Order from the City to be utilized for invoicing all Work authorized under this Agreement. Service Provider should not begin any Work prior to receipt of the Purchase Order. The awarded Service Provider is required to sign the City’s Services Agreement, a sample of which is attached. The Agreement will be effective for a period of one year. At the option of the City, the Agreement may be extended for up to an additional four (4) one-year periods. Renewals and pricing changes shall only be negotiated and agreed to by both parties at least thirty (30) BID 10035 CODE COMPLIANCE ON-CALL Page 10 of 43 days prior to Agreement expiration. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to the Agreement expiration date. Fees, Licenses, Permits The successful Service Provider(s) shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations 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. 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). The Service Provider further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto. Insurance Service Provider is responsible for providing the City with insurance as required in the attached Agreement. Warranty Service Provider warrants all equipment, materials, supplies, labor and other Services, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with delivery and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. BID 10035 CODE COMPLIANCE ON-CALL Page 11 of 43 CITY OF FORT COLLINS BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: 1) Completed Bid Submittal Form, consisting of eight (8) pages, including: • Bid Schedule • Experience & References List, providing documentation of at least three (3) reference projects. • List of Subcontractors to be used on project (if applicable) • Acknowledgement. • Additional documents may be submitted in Word or PDF. Failure to submit any of the above may result in your bid being considered non-responsive. BID 10035 CODE COMPLIANCE ON-CALL BID SUBMITTAL FORM BID 10035 CODE COMPLIANCE ON-CALL Page 12 of 43 SERVICE PROVIDER NAME: SUBMITTAL DATE: A. BID SCHEDULE WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS’ REQUIREMENTS FOR CODE COMPLIANCE ON-CALL SERVICES, PER THE BID INVITATION AND ALL REFERENCED SPECIFICATIONS: ENTER EQUIPMENT DETAILS & PRICING IN THE BELOW SECTIONS AS APPLICABLE SUMMER ABATEMENT Section 1. Heavy Rubbish Removal Please check (√) equipment you have Loader including operator Tractor with sufficient capacity (minimum 75 hp), defined as the industry standard for the P.T.O. horsepower needed for the loader, to perform the Work including operator. 5-yard minimum capacity dump truck including operator ___10-yard minimum capacity tandem dump truck including operator Equipment Year Model Cu. Yds. HP $/Hr. Box/Bucket BID 10035 CODE COMPLIANCE ON-CALL BID SUBMITTAL FORM BID 10035 CODE COMPLIANCE ON-CALL Page 13 of 43 Section 2. Weed Mowing and Rubbish Removal Minor (non-arborist) tree/bush trimming – under 10 feet off the ground Please check (√) equipment you have Five-foot rotary mower including operator Tractor with sufficient capacity, defined as the industry standard for the PTO horsepower needed for the make and model of mower including operator Hand tools including operator High back pickup truck including operator Hand operated weed cutter including operator Three-foot walk behind mower including operator Tree/bush trimming equipment including operator Note: Identify any all-electric equipment options separately Equipment Year Model HP Width $/Hr. Section 3. Miscellaneous Equipment and Labor: Note: Identify any all-electric equipment options separately Small riding mower including operator $________/hour Push mower including operator $________/hour Weed wipe including operator $________/hour Leaf Blower including operator $________/hour General laborer (trash pick-up, etc) $_________/hour $_________/30 mins BID 10035 CODE COMPLIANCE ON-CALL BID SUBMITTAL FORM BID 10035 CODE COMPLIANCE ON-CALL Page 14 of 43 WINTER ABATEMENT Section 4. Snow & Ice Removal Please check (√) equipment you have End dump, tandem dump or single axel dump truck including operator Wheel loader including operator Motor grader including operator Backhoe including operator Skid steer with bucket including operator Small tractor with plow blade/broom including operator ATV or walker mower with 3’ to 4’ V-blade including operator Pick-up with plow and salt spreader including operator Walk-behind snow blower (45 hp) including operator Equipment Year Model Details Width $/Hr. Ice Melt $ __________/pound Hand Snow Removal Labor $_________/hour $_________/30 mins BID 10035 CODE COMPLIANCE ON-CALL BID SUBMITTAL FORM BID 10035 CODE COMPLIANCE ON-CALL Page 15 of 43 B. EXPERIENCE & REFERENCES LIST PROJECT #1 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: BID 10035 CODE COMPLIANCE ON-CALL BID SUBMITTAL FORM BID 10035 CODE COMPLIANCE ON-CALL Page 16 of 43 PROJECT #2 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: BID 10035 CODE COMPLIANCE ON-CALL BID SUBMITTAL FORM BID 10035 CODE COMPLIANCE ON-CALL Page 17 of 43 PROJECT #3 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: PLEASE NOTE: THE CITY RESERVES THE RIGHT TO REQUEST AND CONTACT ADDITIONAL REFERENCES. BID 10035 CODE COMPLIANCE ON-CALL BID SUBMITTAL FORM BID 10035 CODE COMPLIANCE ON-CALL Page 18 of 43 C. SCHEDULE OF SUBCONTRACTORS Please list all subcontractors and their corresponding Work items in the space below. If not applicable, please note “N/A”. ITEM SUBCONTRACTOR BID 10035 CODE COMPLIANCE ON-CALL BID SUBMITTAL FORM BID 10035 CODE COMPLIANCE ON-CALL Page 19 of 43 D. ACKNOWLEDGEMENT Service Provider hereby acknowledges receipt of the City of Fort Collins Bid and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in BID 10035 CODE COMPLIANCE ON-CALL 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 Notice of Award (NOA) with the City of Fort Collins within 10 days of notice of award. If NOA 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 bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, 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: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. BID 10035 CODE COMPLIANCE ON-CALL Page 20 of 43 ATTACHMENTS: ATTACHMENT 1 – Example Abatement Photos ATTACHMENT 2 – Example Invoice Form ATTACHMENT 3 – Example Lien Release ATTACHMENT 4 – Example Services Agreement BID 10035 CODE COMPLIANCE ON-CALL Page 21 of 43 ATTACHMENT 1 – EXAMPLE ABATEMENT PHOTOS Rubbish Removal: Before: After: Loaded for Landfill: BID 10035 CODE COMPLIANCE ON-CALL Page 22 of 43 Forestry: Before: After: BID 10035 CODE COMPLIANCE ON-CALL Page 23 of 43 Weed Mowing: Before: After: BID 10035 CODE COMPLIANCE ON-CALL Page 24 of 43 Snow Removal: Before: After: BID 10035 CODE COMPLIANCE ON-CALL Page 25 of 43 ATTACHMENT 2 – EXAMPLE INVOICE FORM CITY OF FORT COLLINS CODE COMPLIANCE ON-CALL BILLING INSTRUCTIONS AND INVOICE FORM Vendor Name: Phone Number: Address (Street & #): City, State, Zip Code: INVOICE NO: INVOICE DATE: BILLED TO: (City of Fort Collins) JOB NO: LOCATION: WORK COMPLETED (include dates/times, locations, materials, equipment used, and time per person): PHOTO DOCUMENTATION ATTACHED (Including date and time stamps) MOVE ON FEE (provide further documentation of addresses) $ TOTAL CHARGE: $ BID 10035 CODE COMPLIANCE ON-CALL Page 26 of 43 ATTACHMENT 3 - EXAMPLE LIEN RELEASE The undersigned, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be contractually bound, hereby waives and releases to and for the benefit of the owners of any properties on which Work was performed pursuant to the Contract for Code Compliance On-Call, by and between the undersigned and the City of Fort Collins, Colorado, all rights of the undersigned to claim a mechanic's lien pursuant to Colorado Revised Statutes, or any similar lien for Work completed before in conjunction with the property at the following address: and the undersigned hereby acknowledges the reliance of the owner or owners of such property and the City of Fort Collins, Colorado, upon the waiver and release herein contained. Name of Service Provider: Authorized Signature: Capacity (i.e., officer sole owner, partner): Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 27 of 43 ATTACHMENT 4 SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) SERVICES AGREEMENT This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation, (CITY) 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. Project Schedule. The Services to be performed pursuant to this AGREEMENT shall be performed in accordance with the Project Schedule attached hereto as Exhibit [choose one], consisting of [# of Pages], and incorporated herein. 3. Changes. The CITY 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. 4. 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, 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. [Any price changes shall not exceed percent (%) per annual renewal]. Written notice of renewal shall be provided to the SERVICE PROVIDER no later than thirty (30) days prior to AGREEMENT end. 5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY 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. Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 28 of 43 Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination. 6. 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: PO Box 580 Fort Collins, CO 80522 Email Address Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this AGREEMENT shall be written. 7. Compensation. In consideration of the Services to be performed pursuant to this AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER [on a time and reimbursable direct cost basis] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the amount of ???? ($????) plus reimbursable direct costs, wherein all such fees and costs shall not exceed ???? ($????)] in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. Monthly partial payments based upon the SERVICE PROVIDER's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the SERVICE PROVIDER's CITY-verified progress in completing the Services to be performed pursuant hereto and upon the CITY's approval of the SERVICE PROVIDER's actual reimbursable expenses. Final payment shall be made following acceptance by the CITY of the Services. Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project Manager. The cost of the Services 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 undisputed invoices on Net 30 days from the date of the invoice submittal to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s approval. 8. Design and Service Standards. The SERVICE PROVIDER warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, timely completion and the coordination of all Services rendered by the SERVICE PROVIDER, and the Project Instruments as defined in the Project Instruments and License section below. The SERVICE PROVIDER shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards. Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 29 of 43 9. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the CITY 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 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's defense costs and reasonable attorney’s fees. 10. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit [choose one] consisting of [# of Pages], attached and incorporated herein. 11. 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, 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 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 shall not be construed as a breach of this AGREEMENT. 12. Project Instruments and License. a. Upon execution of this AGREEMENT, the SERVICE PROVIDER grants to the CITY an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other deliverables (Project Instruments), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the CITY substantially performs its obligations under the AGREEMENT. The license granted hereunder permits the CITY and third parties reasonably authorized by the CITY to reproduce applicable portions of the Project Instruments for use in performing the Services or construction for the project. In addition, the license granted hereunder shall permit the CITY and third parties reasonably authorized by the CITY to reproduce and use the Project Instruments for similar projects, provided however, in such event the SERVICE PROVIDER shall not be held responsible for the design to the extent the CITY deviates from the Project Instruments. This license shall survive termination of the AGREEMENT by default or otherwise. b. Upon payment of each invoice, associated Project Instruments rendered by the SERVICE PROVIDER shall become the CITY’s property. The SERVICE PROVIDER shall provide the CITY with the Project Instruments in electronic format in a mutually agreed upon file type. 13. CITY Project Manager. The CITY will designate, before commencement of the Services, the CITY Project Manager who will make, within the scope of their authority, all necessary Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 30 of 43 and proper decisions with reference to the Services provided under this AGREEMENT. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the CITY Project Manager. The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the CITY. 14. Project Status Report. Project status reports may be required by Exhibit A – Scope of Services and shall be submitted to the CITY Project Manager. Failure to provide any required status report may result in the suspension of the processing of any invoice. 15. 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. The CITY shall not be responsible for withholding or remitting any portion of SERVICE PROVIDER's 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. 16. Personal Services. It is understood that the CITY enters into the AGREEMENT based on the special abilities of the SERVICE PROVIDER and that this AGREEMENT shall be considered as an AGREEMENT for personal services. Accordingly, the SERVICE PROVIDER shall neither assign any responsibilities nor delegate any duties arising under the AGREEMENT without the prior written consent of the CITY. 17. Subcontractors/Subconsultants. SERVICE PROVIDER may not subcontract any of the Services without the prior written consent of the CITY, which shall not be unreasonably withheld. If any of the Services are subcontracted hereunder (with the consent of the CITY), then the following provisions shall apply: a. the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work; b. the subcontractor will be required to comply with all applicable terms of this AGREEMENT; c. the subcontract will not create any contractual relationship between any such subcontractor and the CITY, nor will it obligate the CITY to pay or see to the payment of any subcontractor; and d. the work of the subcontractor will be subject to inspection by the CITY to the same extent as the work of the SERVICE PROVIDER. The SERVICE PROVIDER shall require all subcontractor/subconsultants performing Service(s) hereunder to maintain insurance coverage naming the CITY 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 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 31 of 43 evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide the CITY 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. 18. Acceptance Not Waiver. The CITY'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’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. 19. 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. b. Unless otherwise provided in the AGREEMENT, all materials and equipment incorporated into any Services shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all Services must be of a quality acceptable to CITY. c. SERVICE PROVIDER warrants all equipment, materials, labor and other Services, provided under this AGREEMENT, except CITY-furnished materials, equipment and labor, against defects and nonconformances in design, materials and Service quality for the original manufacturer’s warranty term or a period beginning with the start of the Services and ending twelve (12) months from and after final acceptance under the AGREEMENT, whichever is time is longer, regardless of whether the same were furnished or performed by SERVICE PROVIDER or by any of its subcontractors of any tier. Upon receipt of written notice from the CITY of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by SERVICE PROVIDER in a manner and at a time acceptable to CITY. 20. 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. 21. Remedies. In the event a party has been declared in default, that 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 Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 32 of 43 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. 22. 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 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. 23. 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. 24. Use by Other Agencies. The CITY reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) to use the CITY’s award determination to the SERVICE PROVIDER. Use by any other Agency shall not have a negative impact on the CITY 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 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 Services to be completed for the CITY. Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that 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); C.R.S. § 24-34-401, and any associated State or Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 33 of 43 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 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 SERVICE PROVIDER shall 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 at every tier. 25. 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, C.R.S. § 24-85-101, 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 as a public entity. 26. Technology Accessibility. The SERVICE PROVIDER represents that the Project Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability, as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as provided by the OIT. The SERVICE PROVIDER shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER may be required to demonstrate compliance.  The SERVICE PROVIDER shall indemnify, save, and hold harmless the CITY against any and all costs, expenses, claims, damages, liability, court awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY in relation to the SERVICE PROVIDER’s failure to comply with C.R.S. § 24-85-101, or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5). The CITY may require the SERVICE PROVIDER’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the CITY to attest to the Project Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. § 24-85-103 (2.5). Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 34 of 43 27. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act). SERVICE PROVIDER shall ensure that each person processing any personal data connected to the Services is subject to a duty of confidentiality with respect to the data. If applicable, SERVICE PROVIDER shall require that any subcontractors meet the obligations of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT. The Parties agree that upon termination of the Services that SERVICE PROVIDER shall, at the CITY’s choice, delete or return all personal data to the CITY unless retention of the personal data is required by law. SERVICE PROVIDER shall make available to the CITY all information necessary to demonstrate compliance with the obligations of the Privacy Act. SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and inspections by the CITY or the CITY’s designated auditor. 28. 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, and under any other applicable law. 29. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201 (CORA), and documents in the CITY’s possession may be considered public records subject to disclosure under the CORA. 30. 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 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 under this AGREEMENT. 31. 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 of such condition within ten (10) calendar days from the onset of such condition. 32. Dust Control. The SERVICE PROVIDER shall abide by the City of Fort Collins “Dust Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 35 of 43 Control and Prevention Manual,” which is available for public download at https://www. fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The CITY has implemented this manual for all projects performed for the CITY or located within Fort Collins city limits. 33. Special Provisions. Special provisions or conditions relating to the Services to be performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] - Confidentiality, consisting of four (4) pages, incorporated herein. 34. Order 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. 35. 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 to indemnify or hold SERVICE PROVIDER harmless; requires the CITY 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 5/2024 Services Agreement RFP/BID [ # & Title] Page 36 of 43 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 5/2024 Services Agreement RFP/BID [ # & Title] Page 37 of 43 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 38 of 43 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 5/2024 Services Agreement RFP/BID [ # & Title] Page 39 of 43 EXHIBIT [CHOOSE ONE] 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, 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 Worker’s Compensation and Employer’s Liability insurance 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 General 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 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 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. D. Errors and Omissions. The SERVICE PROVIDER shall maintain errors and omissions insurance in the amount of $1,000,000. E. Cybersecurity. The SERVICE PROVIDER shall maintain cybersecurity insurance in the amount of $5,000,000. Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 40 of 43 EXHIBIT [CHOOSE ONE] CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under this AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this AGREEMENT, the party who owns the referenced information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this AGREEMENT refers to information that is not public and/or is proprietary, including but not limited to location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, ideas, CITY customer identifiable information (including account, address, billing, consumption, contact, and other customer data), utility metering data, service billing records, customer equipment information. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the CITY, including but not limited to the non-exclusive list of Confidential Information above. In the case of disclosure in non-documentary form of non- customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party before the execution of this AGREEMENT and related to the services for which SERVICE PROVIDER has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this AGREEMENT with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this AGREEMENT and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The CITY and SERVICE PROVIDER shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall survive this AGREEMENT as an on-going obligation of the Parties. SERVICE PROVIDER shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 41 of 43 AGREEMENT. 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party: (a) was generally known to the public through no wrongful act of the Receiving Party; (b) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (c) has been approved for release by a written authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement of a governmental agency or by operation of law, subject to Paragraph 5 below. 5. Required Disclosure. Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing Party may seek an appropriate protective order before disclosure or waive the Receiving Party’s compliance with this Exhibit. The Receiving Party shall furnish a copy of this Exhibit with any disclosure. Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required by law or authorized in writing by Disclosing Party. 6. Red Flags Rules. If applicable, SERVICE PROVIDER must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, SERVICE PROVIDER must take appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered information and must notify the CITY in writing within twenty-four (24) hours of discovery of any breaches of security or Red Flags to the CITY. 7. Data Protection and Data Security. SERVICE PROVIDER shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of Confidential Information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. (a) SERVICE PROVIDER’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 42 of 43 • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security (b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall not release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions of this AGREEMENT, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Confidential Information received, for any subcontractor SERVICE PROVIDER may use. Accordingly, any release of data, confidential information, or failure to protect information under this AGREEMENT by a subcontractor or affiliated party shall be attributed to SERVICE PROVIDER and may be considered to be a material breach of this AGREEMENT. 8. Information Storage. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the SERVICE PROVIDER can ensure security for the Confidential Information so stored. Workstations or laptops to be used in the Services will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time thereafter unless specifically authorized by the CITY in writing. 10. Termination Remedy. If SERVICE PROVIDER breaches any of the terms of this Exhibit, in the CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw SERVICE PROVIDER’s right to access Confidential Information. 11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide Project Instruments and work product, all material, i.e., various physical forms of media in which Confidential Information is stored, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon return of such materials, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing Party’s request, written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 12. Injunctive Relief. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing Official Purchasing Document Last updated 5/2024 Services Agreement RFP/BID [ # & Title] Page 43 of 43 Party may, based upon the representations made in this AGREEMENT, disclose security information that is critical to the continued success of the Discloser’s business. Accordingly, Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non-exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this AGREEMENT.