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HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1063 BEVERAGE VENDING MACHINES PARKS (2)City of Fort Collins Administrative Services Purchasing Division MEMORANDUM To: Marc Radenmacher, Project Manager From: David M. Carey, C.P.M., Buyerp,G Date: March 8, 2007 Re: P1063 Beverage Vending Machines Enclosed for your evaluation and review are two (2) proposals we received on the above captioned project. Proposals were submitted by: Greeley Coca-Cola The Pepsi Bottling Group If you have any questions, please contact me at ext. 2191. JBO:nkw 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within 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. SA 09/01/06 8 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. 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 09/01/06 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 , SA 09/01/06 10 consisting of ( ) pages[s], attached hereto and incorporated herein by this 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 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. SA 09/01/06 11 C. 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 09/01/06 12 ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT ATTEST: (Corporate Seal) CORPORATE SECRETARY SA 09/01/06 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: 1. 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. 14 REQUEST FOR PROPOSAL P1063 VENDING MACHINES -BEVERAGE -PARKS The City of Fort Collins is requesting proposals from firms for beverage vending machine service primarily in the ballfield area of various parks located in Fort Collins. Written proposals, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd Floor, Fort Collins, Colorado 80521. Proposals will be received before 3:00 p.m. (our clock), March 8, 2007, Reference P1063. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80521. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to: Marc Rademacher, Project Manager, phone: (970) 221-6309, email: mrademacher@fcgov.com. Questions regarding proposal submittal or process should be directed to: David Carey, CPPB, Buyer, phone: (970) 416-2191, email: dcarey@fcgov.com A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, httl)s:Hsecure2.fcqov.com/bso/login.*sD 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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 Il, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fegov.com REQUEST FOR PROPOSAL CITY OF FORT COLLINS P1063 VENDING MACHINES -BEVERAGE -PARKS 1) Background The City of Fort Collins (City) is requesting proposals from qualified firms to provide beverage vending machine service to users of the sites listed below, primarily during the spring and summer seasons. Ali machines must be housed within the area specified by the authorized City Representative. Sites and/or machines will be added or deleted at the option of the City. It is desirable to have all machines available and on sites by April 1, 2007. Total gross sales for beverages vended at all sites is estimated to be $15,000-$20,000 per year. Commission on cash collected less applicable taxes to be paid monthly to the appropriate City department. The contract will be awarded for an initial period beginning April 1, 2007 and ending March 31, 2008. At the City's option, the contract may be renewed for additional one-year periods, not to exceed four (4) additional periods. Any changes in contract terms shall be negotiated by and agreed to in writing by both parties. Authorized food/merchandise vendors for special events, including tournaments, will be allowed to sell bottled beverages at the option of the City. 2) Machine Sites Current sites: a) City Park, 1500 W. Mulberry Street b) Edora Park, 1420 E. Stuart Street c) Rolland Moore Park, 2201 S. Shields Street d) Fossil Creek Park, 5821 S. Lemay Avenue e) Spring Park, 2100 Mathews f) Lee Martinez Park, 600 N. Sherwood Street g) Lincoln Center (City's cultural arts center), 417 W. Magnolia Planned additional sites in 2007: a) Edora Park, 1420 E. Stuart Street b) Spring Canyon Park, W. Horsetooth & Overland Trail 3) Scope of Services The Vendor shall provide beverage vending machine services primarily in the ballfield area of various parks located in the City of Fort Collins. Vendor shall be responsible for timely restocking of products, maintenance and repair of equipment, customer refunds, monthly sales and commission reporting, and payments to the City as required by the Services Agreement. Anticipated machine mix and sites are as follows: City Park (1) Sports drink machine — 20oz plastic bottles (1) Water machine — 20oz plastic bottles (1) Soft drink machine — 20oz plastic bottles Rolland Moore Park (2) Sport drink machines — 20oz plastic bottles (2) Water machines — 20oz plastic bottles (3) Soft drink machines — 20oz plastic bottles Fossil Creek Park (1) Energy drink machine — 20oz plastic bottles (2) Sports drink machines — 20oz plastic bottles (3) Water machines — 20oz plastic bottles Spring Park (1) Energy drink machine — 20oz plastic bottles (1) Water machine — 20oz plastic bottles Lee Martinez Park (1) Sports drink machine — 20oz plastic bottles (1) Water machine — 20oz plastic bottles (1) Soft drink machine — 20oz plastic bottles Lincoln Center (1) Soft drink machine — 20oz plastic bottles Spring Canyon Park (est. Fall 2007) (1) Energy drink machine — 20oz plastic bottles (2) Sports drink machines — 20oz plastic bottles (2) Water machines — 20oz plastic bottles (1) Soft drink machine — 20oz plastic bottles Edora Park (est. Spring 2007) (1) Sports drink machine — 20oz plastic bottles (1) Water machine — 20oz plastic bottles (1) Soft drink machine — 20oz plastic bottles 4) Vendor Requirements a) All machines shall be installed, stocked, maintained and serviced by the Vendor at no expense to the City. Malfunctioning equipment shall be repaired and operating normally within 24 hours after Vendor is notified. Equipment which cannot be repaired within 24 hours will be removed and replaced in a timely manner. Vendor must have a local or toll - free number for service calls posted on all machines. b) No machines may be installed, removed, or locations changed without the prior written authorization of the City Representative. The Vendor will be allowed to make reasonable adjustments in machine placement or product offering to provide maximum service in keeping with good business practice. The City Representative will authorize additions or deletions on the basis of reported sales data and security issues. Vendor may be requested, from time to time, to install machines vending different products on a trial basis. Vendor may also request permission from City to install machines vending a different product on a trial basis 2 c) Vendor shall furnish the City Representative a description of each make or type of machine installed or to be installed under this Agreement, including a manufacturer's specification sheet. d) Each machine shall have the ENERGY STAR rating or incorporate an energy -saving technology device, such as VendingMiser®. ENERGY STAR is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy helping us all save money and protect the environment through energy efficient products and practices. e) Each vending machine must accept both coins and one dollar bills and dispense proper change. f) Name of the Vendor and contact information must be prominently displayed on each machine. Vendor must have customer refund procedure. Procedure must be prominently displayed in each vending area as directed by the City Representative. g) Vendor must comply with all applicable laws, rules and regulations governing their activities and obtain all applicable licenses or permits. h) Make all sales tax and commission payments to the City associated with the vending operations by the required due date. i) The Vendor will be fully responsible for normal wear, loss, or damage to the machines resulting from any cause whatsoever, whether such damage shall be caused by an agent or employee of the City of Fort Collins or by any person whomsoever. j) Vendor must have a reliable, flexible system available for maintaining adequate product inventory and keeping machines properly stocked. Must coordinate restocking requirements for tournaments and special events, including weekends, with City Representative as required. 5) City Requirements Installations and services to be provided by the City: a) Adequate electrical outlets in the vending sites. b) Lighting fixtures for general area illumination c) Unmetered electricity in the vending sites. 6) Proposal Requirements Vendor response to this RFP must include the following: a) Name, mailing and email addresses, and telephone numbers of responding organization, and primary contacts for both account management and service. b) Qualifications/history of organization and assigned personnel. 3 c) Experience (recreation and major vending). d) Equipment descriptions, including a manufacturer's specification sheet. e) Product list, descriptions, vending price and commission rate. f) Restocking, ordering and service procedures and response times. g) Sales tracking and reporting and security systems. h) References. The City reserves the right to refuse any proposal that does not include these requirements. 7) Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal. 8) Miscellaneous The City expects to enter into a written Services Agreement ("Agreement') with the chosen vendor that shall incorporate this RFP and their proposal. The anticipated terms and conditions of the Agreement are set forth in the attached document. However, the City may include additional terms and conditions in the Services Agreement as deemed necessary. 4 9) Review and Assessment Firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The City of Fort Collins reserves the right to select a vendor for this project on the basis of written proposals submitted only. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 3.0 Scope of Proposal How well does the proposal address the services & Completeness and requirements contained in the RFP? 5.0 Price, Selection What is the product selection, price and & Commission commission rate? 5.0 Procedures Quality of proposed restocking, service, and refund procedures. Sales/commission tracking systems. 3.0 Motivation Is the firm interested and are they sufficiently & Delivery motivated to deliver the desired products/services when needed? Can they supply machines within a reasonable time? Response times. 4.0 Experience Does the firm have the experience to successfully provide the service? 5 10) Reference evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Vendor again? Did they show the skills required? Quality of product, selection, machines and services? Timetable Was the original Scope of Services completed within the specified time? Were requirements met in a timely manner? Completeness Was the Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Services completed within the project budget? Job Knowledge Did vendor meet the Scope of Services? Did vending services provided operate properly? Were problems corrected quickly and effectively? SA 09/01 /06 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 SA 09/01 /06 7