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ADDENDUM No 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP P1089 Medical Provider -Workers Compensation
OPENING DATE 3 00 P M (Our Clock) October 29, 2007
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made
REVISIONS:
This is a joint proposal with the City of Fort Collins and Poudre School District Poudre
School District will complete a separate agreement with the selE:cted vendors
• Number of copies of the proposal to be submitted, seven (7) copies
• PROPOSAL GUIDELINES
Complete description of your facilities, including details on x-rays, audiogram,
physical therapy procedures, drug and or alcohol testing, pharmacy services, etc
Give the physical location of your facilities If your organization does not have a
facility in Ft Collins, are you planning to open an office In the near future If so,
when? If not, would you commit to opening an office in Ft Collins If you were
awarded either the City contract OR the Poudre School District contract or both
within SIX months'
11 Indicate how quickly an injured employee could be seen by a physician when making
an initial appointment Indicate how an employee will receive treatment should they
be injured during office hours and when your office is closed
12 Indicate time allotted for office visits Are Doctors scheduled to see patients every
10, 15 or 20 minutes? Indicate if you treat on a walk-in basis for Initial treatment or If
an appointment is necessary If so, what is the average wait time?
Indicate the average wait time beyond an injured employees scheduled appointment
ADD 14 Indicate if you can provide drug and alcohol testing services If so, can you
provide onsite random testing on a quarterly basis? Do you provide random selection
for testing or do you use a third -party? If a third -party, what organization do you use?
How do you handle after hours and reasonable suspicion testing? Are results
available online through a secure website?
4 SCOPE OF WORK
10 Indicate how many of your physicians are Level II accredited Do you have other
physician's or physician's assistants on staff That are not Level 11 accredited? /f so,
indicated how many
Please contact James B O'Neill, II, CPPO, FNIGP at (970) 221-6779 with any questions
regarding this addendum
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A'WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
215 Nerth Mason tibctt • 2"" Floor • P 0 But 5Nt1 • Fort r011its, CO N0522-0590 • (970) 221-6775 • 1 is (970) 221-6707 nww Ic¢ot tom
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties
14 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 B, consisting of one (1) page, 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
15 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
16 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
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17 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
and
1 Contractor does not knowingly employ or contract with an illegal alien,
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 confirm the employment eligibility of all newly hired
employees
b Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement
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
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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
18 Special Provisions [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By
James B O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date
ATTEST
City Clerk
APPROVED AS TO FORM
Assistant City Attorney
By
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date
ATTEST
CORPORATE SECRETARY
(Corporate Seal)
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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
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
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
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REQUEST FOR PROPOSAL
P1089 Medical Provider- Workers Compensation
C'ity of Fort Collins
The City of Fort Collins is seeking proposals from qualified medical facilities to provide medical
treatment to City employees injured in the course of employment, pre -employment testing required by
Risk Management, DOT testing, drug and or alcohol testing and other medical services as may be
deemed beneficial to City employees
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), October 29, 2007 Proposal No P1089 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 Lance Murray
(970)221-6807
Questions regarding proposals submittal or process should be directed to James B O'Neill, II, CPPO,
FNIGP (970) 221-6779
A copy of the Proposal may be obtained as follows
Download the Proposal/Bid from the BuySpeed Webpage,
htdps //secure2 fcgov com/bso/login isp
2 Come by Purchasing at 215 North Mason St , 21d floor, Fort Collins, and request a
copy of the Bid
Sales ProhibitedlConflict 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
irre903nties or informalities
Sincerely,
J m s B O'Neill II, CPPO, FNIGP
Di e. for of Purchasing & Risk Management
215 Not th Mason Street • 2"" Hoor • P 0 Boa 580 • Fort Colhns, CO 80522-0580 • (970) 221-6715 • Fax (970) 221-6707 t+ww tceot com
REQUEST FOR PROPOSAL
P1089 Medical Provider- Workers Compensation
BACKGROUND
The City implemented a designated physician program in May 1986 to provide medical
treatment for employees injured on the job Under the Colorado Workers' Compensation Act,
(8-51-110(5)(a), the employer has the right to first choice of physician(s) when an employee is
injured on the job
Effective January 1, 1989, the City commenced a workers' compensation self-insurance
program A local third party administrator manages claims and processes payments
Effective January 1, 2008, Colorado House Bill 07-1176 will take effect requiring employers to
provide employees two options of medical providers when an employee is injured on the job
This service is currently being provided by Poudre Valley Hospital's Occupational Health
Services
The City operates and maintains an effective return to work program
It is the City's intent that this contract be for a five (5) year period Fees will be reviewed and
negotiated on an annual basis ninety (90) days prior to each annual expiration date
PROPOSAL GUIDELINES
1 Qualified forms interested in the work described in this request should submit a minimum
of the following information to the City
2 Qualifications of your firm and staff
'3 Copy of fee schedule, including hourly fee for hearing testimony Are these fees at or
below the Colorado Fee Schedule for workers' compensation cases? Do you discount
bills for prompt payment?
4 Complete description of your facilities, including details on x-rays, audiogram, physical
therapy procedures, drug and or alcohol testing, pharmacy services, etc
5 Explanation of how your firm will meet requested scope of work
6 References from other firms for whom you provide a similar service
7 A list of referral specialist that may be utilized by your firm Indurate when a specialist
will be utilized and typical time frame for referrals
8 Indicate your treatment protocol when an employee claims mental disability as a result of
a physical injury
9 Indicate the percentage of your business that pertains to the treatment and management
of occupational injuries
10 If an employee is referred to a specialist outside of your firm, please indicate how you
will still maintain control
11 Indicate how an employee will receive treatment should they be injured during office
hours and when your office is closed
12 Indicate tirne allotted for office visits Are Doctors scheduled to see patients every 10,
15 or 20 minutes?
13 Indicate how impairment ratings are performed and who is authorized to perform
SCOPE OF WORK
1 Provide appropriate medical care and case management at a minimum of five (5) days a
week from 8 00 a m to 5 00 p m , for City of Fort Collins employees that have injuries or
illnesses alleged to have occurred as a result of their employment
2 Maintain accurate medical records for every City employee receiving medical care
Individual patient records and reporting systems necessary to carry out program
administrative, planning, and legal requirements will be established and maintained
3 Notify Risk. Management after medical treatment is rendered The report will include
information on the accident/exposure, work restrictions, and prognosis for return to work
This information should be transmitted to the city's electronic mail system or Risk
Management fax
4 Notify Risk Management for approval prior to referral of employee from your facility to
another physician, or upon admission to a hospital or other facility All information for
on -going treatment shall be sent promptly to the receiving physician, hospital or other
facility
5 Provide employee with written "status" report outlining work restrictions, if any, for every
visit
Fi Provide a written report within TWO (2) days of initial treatment to claim administrator
7 Provide city employees with copies of all written communications regarding medical
treatment
8 Provide specialty services as requested such as physical examinations, audiograms, x-
rays, EKG's, immunizations, physical therapy, drug and alcohol testing, DOT physicals,
pre -employment physicals and other medical services as may be deemed beneficial to
City employees and the employer
9 Be familiar with Workers' Compensation laws and provide hearing testimony when
needed
10 City employees shall be treated only by Level 11 accredited physicians
11 Cooperate with the City's claim administrator and risk management staff in submitting
information at their request as needed in a timely manner
12 Participate in consultations with employer and claim administrator as requested to
discuss specific cases and procedures Meetings are held each month with the current
medical provider
13 Provide a written medical treatment plan when requested
14 Conduct return to work (fitness for duty) examinations as requested by the City's Risk
Management or Human Resources department, and provide appropriate feedback to
staff regarding employees' work restrictions vis-a-vis the employees' job duties
15 Assess work relatedness upon initial employee visit to diminish the possibility of
fraudulent claims
16 Employees may be given a "Patient Satisfaction Survey" upon completion of medical
services or when they reach MMI
REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria These criteria will be the basis for
review of the written proposals and interview session
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
2 C
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired?
20
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned?
1 0
Availability
Existing workload and staff
1 0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
20
Cost and
Are any incentives offered? Usual and customary
Work Hours
charges
20
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
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
Are you pleased with the services provided?
Thoroughness
Does the provider follow through with cases,
keeping you informed of status?
Knowledge of
"Colorado Workers Compensation"
Is there an understanding of State Workers
Compensation procedures?
Record keeping
Is record keeping timely and efficient?
Specific contract iegwrements
Is the provider able to provide specific needs
or are all services from the "mold"?
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
pages and incorporated herein by this reference
2 Contract Period This Agreement shall commence , and shall continue in
full force and effect until , unless sooner terminated as herein provided
3 Deli If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition
4 Eaily 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 -
City of Fort Collins
Attn Purchasing
PO Box 580
Service Provider-
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Fort Collins, CO 80522
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
5 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 "A",
consisting of pages, and incorporated herein by this reference
6 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
7 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
8 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
9 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
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10 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
11 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
12 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
13 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,
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