Loading...
HomeMy WebLinkAboutRFP - P1042 TRAFFIC CAMERA SYSTEMSREQUEST FOR PROPOSAL P1042 Traffic Camera System C itv of Fart: C ollif1s The City of Fort Collins is requesting proposals from firms for a traffic camera system, including a vehicle -mounted radar/laser/camera unit, camera systems located in conjunction with traffic lights, and a citation processing system. The successful bidder must supply all needed equipment and operate the citation system in cooperation with the City. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), September 20, 2006. Proposal No. P1042. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Lt. John Pino (970) 221-6542. Questions concerning the needed interface with the Police Services Records Management System can be referred to: Susan Neiman, Police Records Manager, 221-6825. Questions regarding proposals submittal or process should be directed to Ed Bonnette CPPB, C.P.M. Buyer (970) 416-2247. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcqov.com/bso/login.oso 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the RFP. 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. Sincerely, m B. O'Neill II, CPPO, FNIGP Di ctor of Purchasing & Risk Management 215 North Mason Street • 2n° Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 W W W.fcaov.com 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) pages[s], attached hereto and incorporated herein by this SA 08/22/06 LUO reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. [This paragraph shall apply to all Consultants/Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work.] Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. If Contractor has not been accepted into the Basic Pilot Program prior to entering into this Contract, Contractor shall apply to participate in the Basic SA 08/22/06 11 Pilot Program and shall verify in writing such application within seven (7) days of the date of this Agreement. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. sn 08/2uos 12 ATTEST: City APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT ATTEST: (Corporate Seal) CORPORATE SECRETARY SA O8/22106 13 EXHIBIT B INSURANCE REQUIREMENTS 1. 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, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. 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 for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 08/22/06 14 Administrative Services urc asmE Vivison REQUEST FOR PROPOSAL P1042 Traffic Camera System City of Fort Collins The City of Fort Collins is requesting proposals from firms for a traffic camera system, including a vehicle -mounted radar/laser/camera unit, camera systems located in conjunction with traffic lights, and a citation processing system. The successful bidder must supply all needed equipment and operate the citation system in cooperation with the City. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), September 20, 2006. Proposal No. P1042. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Lt. John Pino (970) 221-6542. Questions concerning the needed interface with the Police Services Records Management System can be referred to: Susan Neiman, Police Records Manager, 221-6825. Questions regarding proposals submittal or process should be directed to Ed Bonnette CPPB, C.P.M. Buyer (970) 416-2247. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the RFP. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2'd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 w-vv VA2ov.com Request for Proposal P1042 Traffic Camera System GENERAL DESCRIPTION The City of Fort Collins is soliciting proposals for a traffic camera system, including a vehicle - mounted radar/laser/camera unit, camera systems located in conjunction with traffic lights, and a citation processing system. The successful bidder must supply all needed equipment and operate the citation system in cooperation with the City. BACKGROUND The City of Fort Collins fines for speeding start at $50.00 and go up. Most speeding fines are for $100.00. The fine for running a red light is $100.00. The City of Fort Collins does not share fine revenues with the county or state. The traffic camera system must pay for itself. Revenue sharing is the most likely method of doing this, but vendors should feel free to propose other viable alternatives. PROPOSAL SUBMITTAL The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit five (5) copies of the proposal with the following information: 1. Vendor information, to include years in business, and the number of traffic camera systems placed in the last five years. 2. The names and locations of representatives who shall be responsible for assisting the City of Fort Collins. 3. Complete technical specifications. 4. Description of how company is to be paid for traffic camera services and equipment. Proposed equipment replacement schedule, including vehicles, cameras, and radar/laser. 5. Five public entities, which are currently using your traffic camera system, as references. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. DEMONSTRATIONS Demonstration of the system being proposed may be required. SPECIFICATIONS Equipment: 1. One (1) speed camera unit (NOTE: Digital technology needs to be the standard) . The City is considering the possibility of having two traffic speed camera vehicles; vendors shall also include that in their Proposal. Additional units shall be provided to the City upon request, provided the existing units are meeting the 130 hour per month minimum usage requirements. A unit is to include a new sports utility vehicle and all camera/radar/laser/video equipment needed to photograph front and rear views of speed law violators. The vendor shall be responsible for all repairs to the vehicle and other equipment furnished by the vendor, except that which the City shall provide: gasoline, oil changes, and regular maintenance. (NOTE: Sports utility vehicles are to be replaced with a new vehicle every two years). 2. Two (2) red light camera systems (two (2) approaches that cover five (5) lanes each. For example, one approach northbound, covering 3 thru lanes and two turn lanes; and one approach southbound, covering the same amount of lanes). A red light camera system shall include all labor and materials for installation and connection with the City's traffic signals. (NOTE: Digital technology needs to be the standard). 3. All supplies required by camera radar systems. 4. All necessary hardware (which will include but is not limited to): stand-alone computer system including a laser printer and software to enter the citation information into the Police Services Records Management System and the Municipal Court's computerized recording system. This will include any costs incurred by the vendor for new computers or computer upgrades necessary to process the citations or citation information. Questions concerning the needed interface with the Police Services Records Management System can be referred to: Susan Neiman, Police Records Manager, (970) 221-6835. 5. Maintain an office in the City of Fort Collins where citations would be processed. Or, if vendor possesses technology which they feel renders this unnecessary, please explain here. 6. It is intended that each mobile unit be operated for a minimum of one hundred fifty (150) hours per calendar month averaged over three (3) months. 7. Stationary cameras will operate on a 24-hour basis. Citation System: An automated citation processing program including mailing of citations, delinquency notices, printing and mailing costs, and other associated costs and expenses; the program shall be conducted in a timely manner to comply with any applicable court rules or laws for filing of citations. 2. One (1) image with related documentation for each citation issued. Passengers in the imaged vehicle shall be obscured; only the driver shall be recognizable. The State of Colorado and Fort Collins Municipal Court mandate that the driver shall be identified in order to be prosecuted; responsibility for this identification falls on the awarded Vendor. The image must clearly show the: a. Motor vehicle during the violation b. Driver's face c. Front and rear license plate on the vehicle d. Scene of the location where violation occurred 3. Imprinted on the image must be a data line capable of displaying the following: a. Day, month, and year of violation b. Time of the violation (hh.mm.ss) c. Speed of the vehicle in miles per hour d. Posted speed e. Direction of violating vehicle f. Officer identification code g. Location code h. Frame sequence number 4. Vehicle registration information necessary to issue citations. Company must demonstrate ability to access State computer system to provide this information. Reporting: 1. The vendor must submit to the City a monthly report of camera radar results within fifteen (15) business days of the end of the calendar month. This report shall be sent to: Lt. John Pino, Fort Collins Police Services 300 LaPorte Ave., P.O. Box 580 Fort Collins, Colorado 80522-0580 This report will include: a. Total number of violation images b. Total number of actionable violation images c. Total number of citations sent d. Deployment statistics by location e. Deployment statistics by officer 2. Provide conviction information, in an acceptable format, to Colorado State Department of Motor Vehicles (DMV). 3. Any such other reports and documents as are mutually agreed upon. Training: 1. Reasonable and necessary training for persons who will be involved in operation of the units or any other person designated by the City. Support: 1. Expert witnesses as necessary to establish judicial notice, i.e. the accuracy, technical operations, and effectiveness of camera radar for contested citations and as required to establish judicial notice by subsequently appointed court judges involved in the adjudication of photo enforcement citations. 2. The City will make reasonable efforts to prosecute each actionable citation and to defend any challenge to the use of camera radar in any court of competent jurisdiction. 3. The City shall provide customary court facilities for disputed citations. 4. City employees shall use vehicles provided by the vendor. Award will be based on the following evaluation criteria. The City of Fort Collins will determine the eventual number of speed camera units and red light camera units based on volume, and in the case of red light camera units on the number of intersections determined to need the equipment. Unit location will depend on need. Units will be operated as set forth in the RFP. The City of Fort Collins has not established criteria for volume violations. EVALUATION AND ASSESSMENT OF PROPOSAL An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. These criteria shall be the basis for review of the written proposals and any required oral interviews. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being the average rating, and 5 being an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. Evaluation Criteria: WEIGHT QUALIFICATIONS STANDARD FACTOR 2.0 Scope & Completeness Does the proposal show an understanding of the City's purchasing objectives? Is the proposal complete, with all requested information? 4.0 Cost of System How does the cost compare to other respondents? Is the cost reasonable? 3.0 Equipment Is the equipment of high quality and suitable for the intended use? 4.0 Citation System Does the proposed system process citations as requested? 3.0 Reporting & Support Is the reporting system as requested? Does the company offer the equipment and procedural support needed? 2.0 Motivation Is the firm interested in the order and are they sufficiently motivated? 2.0 Financial Status Is the firm financially solvent? The project manager will check the references of the firms to be interviewed using the following criteria. The evaluation ranking will be Satisfactory or Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you contract with the firm again? Quality Does the system perform as expected? The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. PROPOSAL ACCEPTANCE All proposals shall remain subject to initial acceptance 90 days after the day of submittal. The City shall issue a letter notifying the successful firm of the acceptance of their proposal. 1. The selected Contractor shall be expected to sign the City's standard Services Agreement prior to commencing Services (see sample attached to this Proposal). 2. The contract will be awarded for one year with annual reviews and potential one-year extensions up to a maximum five-year period. PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES! SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , and shall continue in full force and effect until , 200 , 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 ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service SA O8/22/06 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: 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. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting of ( ) page(s), and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. SA 08/22/06 The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. 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. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. SA 08/22/06 9 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) pages[s], attached hereto and incorporated herein by this SA 08/22/06 10 reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. [This paragraph shall apply to all Consultants/Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work.] Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. If Contractor has not been accepted into the Basic Pilot Program prior to entering into this Contract, Contractor shall apply to participate in the Basic SA O8/22/06 11 Pilot Program and shall verify in writing such application within seven (7) days of the date of this Agreement. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. SA O8/22/06 12 ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: go 79.qlffid ►_u CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY SA O8/22/06 13 EXHIBIT B INSURANCE REQUIREMENTS 1. 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, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. 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 for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 08/22/06 14 Administrative Services urc asmE Vivison REQUEST FOR PROPOSAL P1042 Traffic Camera System City of Fort Collins The City of Fort Collins is requesting proposals from firms for a traffic camera system, including a vehicle -mounted radar/laser/camera unit, camera systems located in conjunction with traffic lights, and a citation processing system. The successful bidder must supply all needed equipment and operate the citation system in cooperation with the City. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), September 20, 2006. Proposal No. P1042. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Lt. John Pino (970) 221-6542. Questions concerning the needed interface with the Police Services Records Management System can be referred to: Susan Neiman, Police Records Manager, 221-6825. Questions regarding proposals submittal or process should be directed to Ed Bonnette CPPB, C.P.M. Buyer (970) 416-2247. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the RFP. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2'd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 w-vv VA2ov.com Request for Proposal P1042 Traffic Camera System GENERAL DESCRIPTION The City of Fort Collins is soliciting proposals for a traffic camera system, including a vehicle - mounted radar/laser/camera unit, camera systems located in conjunction with traffic lights, and a citation processing system. The successful bidder must supply all needed equipment and operate the citation system in cooperation with the City. BACKGROUND The City of Fort Collins fines for speeding start at $50.00 and go up. Most speeding fines are for $100.00. The fine for running a red light is $100.00. The City of Fort Collins does not share fine revenues with the county or state. The traffic camera system must pay for itself. Revenue sharing is the most likely method of doing this, but vendors should feel free to propose other viable alternatives. PROPOSAL SUBMITTAL The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit five (5) copies of the proposal with the following information: 1. Vendor information, to include years in business, and the number of traffic camera systems placed in the last five years. 2. The names and locations of representatives who shall be responsible for assisting the City of Fort Collins. 3. Complete technical specifications. 4. Description of how company is to be paid for traffic camera services and equipment. Proposed equipment replacement schedule, including vehicles, cameras, and radar/laser. 5. Five public entities, which are currently using your traffic camera system, as references. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. DEMONSTRATIONS Demonstration of the system being proposed may be required. SPECIFICATIONS Equipment: 1. One (1) speed camera unit (NOTE: Digital technology needs to be the standard) . The City is considering the possibility of having two traffic speed camera vehicles; vendors shall also include that in their Proposal. Additional units shall be provided to the City upon request, provided the existing units are meeting the 130 hour per month minimum usage requirements. A unit is to include a new sports utility vehicle and all camera/radar/laser/video equipment needed to photograph front and rear views of speed law violators. The vendor shall be responsible for all repairs to the vehicle and other equipment furnished by the vendor, except that which the City shall provide: gasoline, oil changes, and regular maintenance. (NOTE: Sports utility vehicles are to be replaced with a new vehicle every two years). 2. Two (2) red light camera systems (two (2) approaches that cover five (5) lanes each. For example, one approach northbound, covering 3 thru lanes and two turn lanes; and one approach southbound, covering the same amount of lanes). A red light camera system shall include all labor and materials for installation and connection with the City's traffic signals. (NOTE: Digital technology needs to be the standard). 3. All supplies required by camera radar systems 4. All necessary hardware (which will include but is not limited to): stand-alone computer system including a laser printer and software to enter the citation information into the Police Services Records Management System and the Municipal Court's computerized recording system. This will include any costs incurred by the vendor for new computers or computer upgrades necessary to process the citations or citation information. Questions concerning the needed interface with the Police Services Records Management System can be referred to: Susan Neiman, Police Records Manager, (970) 221-6835. 5. Maintain an office in the City of Fort Collins where citations would be processed. Or, if vendor possesses technology which they feel renders this unnecessary, please explain here. 6. It is intended that each mobile unit be operated for a minimum of one hundred fifty (150) hours per calendar month averaged over three (3) months. 7. Stationary cameras will operate on a 24-hour basis. Citation System: 1. An automated citation processing program including mailing of citations, delinquency notices, printing and mailing costs, and other associated costs and expenses; the program shall be conducted in a timely manner to comply with any applicable court rules or laws for filing of citations. 2. One (1) image with related documentation for each citation issued. Passengers in the imaged vehicle shall be obscured; only the driver shall be recognizable. The State of Colorado and Fort Collins Municipal Court mandate that the driver shall be identified in order to be prosecuted; responsibility for this identification falls on the awarded Vendor. The image must clearly show the: a. Motor vehicle during the violation b. Driver's face c. Front and rear license plate on the vehicle d. Scene of the location where violation occurred 3. Imprinted on the image must be a data line capable of displaying the following: a. Day, month, and year of violation b. Time of the violation (hh.mm.ss) c. Speed of the vehicle in miles per hour d. Posted speed e. Direction of violating vehicle f. Officer identification code g. Location code h. Frame sequence number 4. Vehicle registration information necessary to issue citations. Company must demonstrate ability to access State computer system to provide this information. Reporting: 1. The vendor must submit to the City a monthly report of camera radar results within fifteen (15) business days of the end of the calendar month. This report shall be sent to: Lt. John Pino, Fort Collins Police Services 300 LaPorte Ave., P.O. Box 580 Fort Collins, Colorado 80522-0580 This report will include: a. Total number of violation images b. Total number of actionable violation images c. Total number of citations sent d. Deployment statistics by location e. Deployment statistics by officer 2. Provide conviction information, in an acceptable format, to Colorado State Department of Motor Vehicles (DMV). 3. Any such other reports and documents as are mutually agreed upon. Training: 1. Reasonable and necessary training for persons who will be involved in operation of the units or any other person designated by the City. Support: 1. Expert witnesses as necessary to establish judicial notice, i.e. the accuracy, technical operations, and effectiveness of camera radar for contested citations and as required to establish judicial notice by subsequently appointed court judges involved in the adjudication of photo enforcement citations. 2. The City will make reasonable efforts to prosecute each actionable citation and to defend any challenge to the use of camera radar in any court of competent jurisdiction. 3. The City shall provide customary court facilities for disputed citations. 4. City employees shall use vehicles provided by the vendor. AWARD Award will be based on the following evaluation criteria. The City of Fort Collins will determine the eventual number of speed camera units and red light camera units based on volume, and in the case of red light camera units on the number of intersections determined to need the equipment. Unit location will depend on need. Units will be operated as set forth in the RFP. The City of Fort Collins has not established criteria for volume violations. EVALUATION AND ASSESSMENT OF PROPOSAL An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. These criteria shall be the basis for review of the written proposals and any required oral interviews. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being the average rating, and 5 being an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. Evaluation Criteria: WEIGHT QUALIFICATIONS STANDARD FACTOR 2.0 Scope & Completeness Does the proposal show an understanding of the City's purchasing objectives? Is the proposal complete, with all requested information? 4.0 Cost of System How does the cost compare to other respondents? Is the cost reasonable? 3.0 Equipment Is the equipment of high quality and suitable for the intended use? 4.0 Citation System Does the proposed system process citations as requested? 3.0 Reporting & Support Is the reporting system as requested? Does the company offer the equipment and procedural support needed? 2.0 Motivation Is the firm interested in the order and are they sufficiently motivated? 2.0 Financial Status Is the firm financials solvent? The project manager will check the references of the firms to be interviewed using the following criteria. The evaluation ranking will be Satisfactory or Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you contract with the firm again? Quality Does the system perform as expected? The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. PROPOSAL ACCEPTANCE All proposals shall remain subject to initial acceptance 90 days after the day of submittal. The City shall issue a letter notifying the successful firm of the acceptance of their proposal. 1. The selected Contractor shall be expected to sign the City's standard Services Agreement prior to commencing Services (see sample attached to this Proposal). 2. The contract will be awarded for one year with annual reviews and potential one-year extensions up to a maximum five-year period. PLEASE GO TO www.fegov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES! SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , and shall continue in full force and effect until , 200 , 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 ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service sn oa/2210b 7 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. (Early Termination clause here as an option. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: 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. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting of ( ) page(s), and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. SA OW22l06 R The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. 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. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. SA 08/22/06 9