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HomeMy WebLinkAboutRFP - P1016 VEHICLE EMISSIONS REPAIR PROJECTREQUEST FOR PROPOSAL P1016 Vehicle Emissions Repair Project ity of 1"^`(lrt �tajlirls Written proposals 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 2:30 p.m. (our clock), March . Proposal No. P1016. If delivered, they are to be sent to 215 North Mason Street, 2"d 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 Lucinda Smith (970)224-6085 Questions regarding proposals submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. 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.isp 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 ll, 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.fceov.com Exhibit B: Insurance Requirements, including Garage -keeper's Insurance 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 coverage 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. 3. Cargo coverage with limits of $25,000 per occurrence. 4. Garage keeper's liability with limits of $25,000 per occurrence. 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. 2/9/00 Administrati— cP ;ces PurchasinP REQUEST FOR PROPOSAL P1016 Vehicle Emissions Repair Project City of Fort Collins Written proposals 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 2:30 p.m. (our clock), March . Proposal No. P1016. 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 Lucinda Smith (970) 224-6085 Questions regarding proposals submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Proposal may be obtained as follows: 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 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 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 wwNvA%!ov.com REQUEST FOR PROPOSAL Proposal P1016 Vehicle Emissions Repair Project Opening Date: March 20, 2006, 2:30pm (our clock) We hereby enter our proposal for the City of Fort Collins' requirements for Vehicle Emissions Repair Facilities, per the proposal invitation and any referenced specifications: General: The City of Fort Collins has obtained federal grant funding to pilot test a remote sensing high - emitter program. High -polluting vehicles will be identified using the roadside remote sensing data already being collected by the RapidScreen van. Valid remote sensing readings for vehicles having high carbon monoxide (CO) or hydrocarbons (HC) will be matched with registration information, and owners residing in Fort Collins will be contacted and encouraged to participate. The vehicle will undergo a "pre" mass emissions test to confirm high emission levels, and a "post" mass test to document repair benefits. OBD codes will be identified if applicable. Owners will be offered up to $500 in repair subsidy and alternative transportation (rental car, bus pass, taxi), and will be surveyed about their views. The City is soliciting proposals from shops willing to participate in the repair portion of the study. Funds for the pilot project are limited so the number of vehicle repaired is unlikely to exceed 25 vehicles. Vehicle testing and repairs will be conducted from April 2006 through July 2006, with a slight possibility of further repairs through September 2006. Vehicles eligible for participation will include 1968 and newer vehicles but will exclude the newest four model years. Shops must have the necessary diagnosis and emissions testing equipment, along with trained technicians. Diagnostic and repair costs will be paid by the project, up to $500. Repairs costs above that level will be paid by the vehicle owner. Procedures: Vehicles registered in Fort Collins with high remote sensing reading of either hydrocarbons or carbon monoxide will be solicited for the pilot program. If owners elect to participate, such vehicles will be sent to CSU's National Center for Vehicle Emissions Control and Safety (NCVECS) lab for further screening. NCVECS will conduct a visual inspection of each vehicle to assess whether it is safe for dynamometer testing. If it is safe, each vehicle will be subject to two (2) NCVECS 2000 mass emissions tests. If the vehicle is confirmed as having high readings of CO or HC on the mass test, project staff will then schedule the vehicle for diagnosis and repair by a participating shop. 2/9/00 Upon receiving a request to schedule a repair, repair shops must: • Advise the Project staff if the vehicle cannot be scheduled for diagnosis and repair within three working days. • Pick up vehicle from NCVECS (near Mason and Laurel Streets), unless other arrangements are made by the project staff. • Assign an ASE certified technician experienced in the repair of emissions controls to the vehicle. • Record any misfiring, noises, tampering, visible smoke, driveability or other problems. • If the vehicle is an OBD-II equipped vehicle, pull and record the OBD codes. • Complete a diagnostic analysis and develop a repair estimate. • If the repair cost estimate exceeds $250, fax a copy of the repair work order to NCVECS for review and obtain approval from the project staff before proceeding with the repairs. • Repair the vehicle. • Document diagnostic findings, assumptions, and conclusions, and provide a written description of labor (procedures), detailing what was done to the vehicle. • Using a 4-gas analyzer, verify that the vehicle would pass the basic two speed idle test. • Should the vehicle not be fixed or if it fails the emissions test, contact the Data Manager. • In special cases, as directed by project staff, conduct a formal two speed idle emissions test. • Return repaired vehicle to NCVECS for follow-up mass testing. • Provide copies of diagnosis and repair information, including OBD code information, MIL status, 4-gas analyzer results, and invoice. Requirements: Repair shops must: • Employ ASE certified technicians with extensive experience in diagnosing and repairing emissions controls and related systems. • Have an acceptable 4-gas analyzer and other diagnostic equipment suitable for the diagnosis of complex automotive computer controlled systems. • Provide the City with repair invoices for each vehicle having charges broken down as follows: • Diagnosis costs • Parts cost • Repair labor • Transportation (to and from NCVECS) charges 2/9/00 Method of Award: Shops will be evaluated on the basis of cost to the project using the bid responses listed below, and on the following criteria: • Technicians must be ASE certified in areas relating to emissions and fuel systems. • Emissions diagnosis experience for the technicians who will be assigned to the project. • Type and quality of diagnostic equipment. • Emission test project experience. • Distance from NCVECS. • Indication of ability to schedule repairs quickly. 2/9/00 Project personnel may make onsite evaluations of repair shops in order to rate these criteria. Price Proposal: RFP # P-1016 Qty Description Cost N/A Parts markup, for emission repairs % 1 Diagnostic procedure for emissions failures, per each $ 1 Labor rate to be applied for emission repairs, per hour $ 1 Transportation charge for relocating project vehicles, per roundtrip to NCVECS $ Additional Information: a. Are technicians ASE certified in emissions repair and fuel related areas? Yes No b. Years of emissions diagnosis and repair for technician who will be assigned to repair vehicles determined to be hi -emitters. A. B. C. C. Describe diagnostic equipment which would be used on project vehicles: d. During the primary repair period (April through July) your shop will typically be able to schedule repairs within: one day, two days, three days of initial notification. e. Enter name and phone number for person who will be responsible for project coordination. f. Describe previous emission test project experience. Include name of project and contact person familiar with the project: For questions concerning this RFP, contact Jim Hume, Senior Buyer, 970-221-6776. Signature: Title: Company: Date: Name: Street: Phone #: City: Fax #: State/Zip: Email: 2/9/00 SERVICES AGREEMENT (Sample) P1016 Vehicle Emissions Repair Project 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 emissions repair services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence April 1, 2006, and shall continue in full force and effect until the end of the "Hi -Emitter Project", or until September 30, 2006, 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 four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract end. 3. 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 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 Service Provider: 2/9/00 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, according to the fee schedule contained within Exhibit "A". This shall be a cost -reimbursement contract. 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. 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, 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, 2/9/00 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, 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, 215 N Mason, 2nd Floor, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 2/9/00 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. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO Director of Purchasing & Risk Management 9L'r92 [Business Name] By: Title: Date: (Scope of Service, adapted from bid Procedures & Specifications, attached here) 2/9/00 Exhibit B: Insurance Requirements, including Garage -keeper's Insurance 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 coverage 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. 3. Cargo coverage with limits of $25,000 per occurrence. 4. Garage keeper's liability with limits of $25,000 per occurrence. 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. 2/9/00 Administrati— cP ;ces PurchasinP REQUEST FOR PROPOSAL P1016 Vehicle Emissions Repair Project City of Fort Collins Written proposals 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 2:30 p.m. (our clock), March . Proposal No. P1016. 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 Lucinda Smith (970) 224-6085 Questions regarding proposals submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Proposal may be obtained as follows: 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 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 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 wwNvA%!ov.com REQUEST FOR PROPOSAL Proposal P1016 Vehicle Emissions Repair Project Opening Date: March 20, 2006, 2:30pm (our clock) We hereby enter our proposal for the City of Fort Collins' requirements for Vehicle Emissions Repair Facilities, per the proposal invitation and any referenced specifications: General: The City of Fort Collins has obtained federal grant funding to pilot test a remote sensing high - emitter program. High -polluting vehicles will be identified using the roadside remote sensing data already being collected by the RapidScreen van. Valid remote sensing readings for vehicles having high carbon monoxide (CO) or hydrocarbons (HC) will be matched with registration information, and owners residing in Fort Collins will be contacted and encouraged to participate. The vehicle will undergo a "pre" mass emissions test to confirm high emission levels, and a "post" mass test to document repair benefits. OBD codes will be identified if applicable. Owners will be offered up to $500 in repair subsidy and alternative transportation (rental car, bus pass, taxi), and will be surveyed about their views. The City is soliciting proposals from shops willing to participate in the repair portion of the study. Funds for the pilot project are limited so the number of vehicle repaired is unlikely to exceed 25 vehicles. Vehicle testing and repairs will be conducted from April 2006 through July 2006, with a slight possibility of further repairs through September 2006. Vehicles eligible for participation will include 1968 and newer vehicles but will exclude the newest four model years. Shops must have the necessary diagnosis and emissions testing equipment, along with trained technicians. Diagnostic and repair costs will be paid by the project, up to $500. Repairs costs above that level will be paid by the vehicle owner. Procedures: Vehicles registered in Fort Collins with high remote sensing reading of either hydrocarbons or carbon monoxide will be solicited for the pilot program. If owners elect to participate, such vehicles will be sent to CSU's National Center for Vehicle Emissions Control and Safety (NCVECS) lab for further screening. NCVECS will conduct a visual inspection of each vehicle to assess whether it is safe for dynamometer testing. If it is safe, each vehicle will be subject to two (2) NCVECS 2000 mass emissions tests. If the vehicle is confirmed as having high readings of CO or HC on the mass test, project staff will then schedule the vehicle for diagnosis and repair by a participating shop. 2/9/00 Upon receiving a request to schedule a repair, repair shops must: • Advise the Project staff if the vehicle cannot be scheduled for diagnosis and repair within three working days. • Pick up vehicle from NCVECS (near Mason and Laurel Streets), unless other arrangements are made by the project staff. • Assign an ASE certified technician experienced in the repair of emissions controls to the vehicle. • Record any misfiring, noises, tampering, visible smoke, driveability or other problems. • If the vehicle is an OBD-II equipped vehicle, pull and record the OBD codes. • Complete a diagnostic analysis and develop a repair estimate. • If the repair cost estimate exceeds $250, fax a copy of the repair work order to NCVECS for review and obtain approval from the project staff before proceeding with the repairs. • Repair the vehicle. • Document diagnostic findings, assumptions, and conclusions, and provide a written description of labor (procedures), detailing what was done to the vehicle. • Using a 4-gas analyzer, verify that the vehicle would pass the basic two speed idle test. • Should the vehicle not be fixed or if it fails the emissions test, contact the Data Manager. • In special cases, as directed by project staff, conduct a formal two speed idle emissions test. • Return repaired vehicle to NCVECS for follow-up mass testing. • Provide copies of diagnosis and repair information, including OBD code information, MIL status, 4-gas analyzer results, and invoice. Requirements: Repair shops must: • Employ ASE certified technicians with extensive experience in diagnosing and repairing emissions controls and related systems. • Have an acceptable 4-gas analyzer and other diagnostic equipment suitable for the diagnosis of complex automotive computer controlled systems. • Provide the City with repair invoices for each vehicle having charges broken down as follows: • Diagnosis costs • Parts cost • Repair labor • Transportation (to and from NCVECS) charges 2/9/00 Method of Award: Shops will be evaluated on the basis of cost to the project using the bid responses listed below, and on the following criteria: • Technicians must be ASE certified in areas relating to emissions and fuel systems. • Emissions diagnosis experience for the technicians who will be assigned to the project. • Type and quality of diagnostic equipment. • Emission test project experience. • Distance from NCVECS. • Indication of ability to schedule repairs quickly. 2/9/00 Project personnel may make onsite evaluations of repair shops in order to rate these criteria. Price Proposal: RFP # P-1016 Qty Description Cost N/A Parts markup, for emission repairs % 1 Diagnostic procedure for emissions failures, per each $ 1 Labor rate to be applied for emission repairs, per hour $ 1 Transportation charge for relocating project vehicles, per roundtrip to NCVECS $ Additional Information: a. Are technicians ASE certified in emissions repair and fuel related areas? Yes No b. Years of emissions diagnosis and repair for technician who will be assigned to repair vehicles determined to be hi -emitters. A. B. C. C. Describe diagnostic equipment which would be used on project vehicles: d. During the primary repair period (April through July) your shop will typically be able to schedule repairs within: one day, two days, three days of initial notification. e. Enter name and phone number for person who will be responsible for project coordination. f. Describe previous emission test project experience. Include name of project and contact person familiar with the project: For questions concerning this RFP, contact Jim Hume, Senior Buyer, 970-221-6776. Signature: Title: Company: Date: Name: Street: Phone #: City: Fax #: State/Zip: Email: 2/9/00 SERVICES AGREEMENT (Sample) P1016 Vehicle Emissions Repair Project 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 emissions repair services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence April 1, 2006, and shall continue in full force and effect until the end of the "Hi -Emitter Project", or until September 30, 2006, 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 four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract end. 3. 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 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 Service Provider: 2/9/00 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, according to the fee schedule contained within Exhibit "A". This shall be a cost -reimbursement contract. 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. 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, 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, 2/9/00 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, 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, 215 N Mason, 2nd Floor, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 2/9/00 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. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO Director of Purchasing & Risk Management 9L'r92 [Business Name] By: Title: Date: (Scope of Service, adapted from bid Procedures & Specifications, attached here) 2/9/00 Exhibit B: Insurance Requirements, including Garage -keeper's Insurance 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 coverage 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. 3. Cargo coverage with limits of $25,000 per occurrence. 4. Garage keeper's liability with limits of $25,000 per occurrence. 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. 2/9/00 Administrati— cP ;ces PurchasinP REQUEST FOR PROPOSAL P1016 Vehicle Emissions Repair Project City of Fort Collins Written proposals 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 2:30 p.m. (our clock), March . Proposal No. P1016. 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 Lucinda Smith (970) 224-6085 Questions regarding proposals submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Proposal may be obtained as follows: 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 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 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 wwNvA%!ov.com Administrati— cP ;ces PurchasinP REQUEST FOR PROPOSAL P1016 Vehicle Emissions Repair Project City of Fort Collins Written proposals 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 2:30 p.m. (our clock), March . Proposal No. P1016. 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 Lucinda Smith (970) 224-6085 Questions regarding proposals submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Proposal may be obtained as follows: 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 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 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 wwNvA%!ov.com REQUEST FOR PROPOSAL Proposal P1016 Vehicle Emissions Repair Project Opening Date: March 20, 2006, 2:30pm (our clock) We hereby enter our proposal for the City of Fort Collins' requirements for Vehicle Emissions Repair Facilities, per the proposal invitation and any referenced specifications: General: The City of Fort Collins has obtained federal grant funding to pilot test a remote sensing high - emitter program. High -polluting vehicles will be identified using the roadside remote sensing data already being collected by the RapidScreen van. Valid remote sensing readings for vehicles having high carbon monoxide (CO) or hydrocarbons (HC) will be matched with registration information, and owners residing in Fort Collins will be contacted and encouraged to participate. The vehicle will undergo a "pre" mass emissions test to confirm high emission levels, and a "post' mass test to document repair benefits. OBD codes will be identified if applicable. Owners will be offered up to $500 in repair subsidy and alternative transportation (rental car, bus pass, taxi), and will be surveyed about their views. The City is soliciting proposals from shops willing to participate in the repair portion of the study. Funds for the pilot project are limited so the number of vehicle repaired is unlikely to exceed 25 vehicles. Vehicle testing and repairs will be conducted from April 2006 through July 2006, with a slight possibility of further repairs through September 2006. Vehicles eligible for participation will include 1968 and newer vehicles but will exclude the newest four model years. Shops must have the necessary diagnosis and emissions testing equipment, along with trained technicians. Diagnostic and repair costs will be paid by the project, up to $500. Repairs costs above that level will be paid by the vehicle owner. Procedures: Vehicles registered in Fort Collins with high remote sensing reading of either hydrocarbons or carbon monoxide will be solicited for the pilot program. If owners elect to participate, such vehicles will be sent to CSU's National Center for Vehicle Emissions Control and Safety (NCVECS) lab for further screening. NCVECS will conduct a visual inspection of each vehicle to assess whether it is safe for dynamometer testing. If it is safe, each vehicle will be subject to two (2) NCVECS 2000 mass emissions tests. If the vehicle is confirmed as having high readings of CO or HC on the mass test, project staff will then schedule the vehicle for diagnosis and repair by a participating shop. 2/9/00 Upon receiving a request to schedule a repair, repair shops must: • Advise the Project staff if the vehicle cannot be scheduled for diagnosis and repair within three working days. • Pick up vehicle from NCVECS (near Mason and Laurel Streets), unless other arrangements are made by the project staff. • Assign an ASE certified technician experienced in the repair of emissions controls to the vehicle. • Record any misfiring, noises, tampering, visible smoke, driveability or other problems. • If the vehicle is an OBD-II equipped vehicle, pull and record the OBD codes. • Complete a diagnostic analysis and develop a repair estimate. • If the repair cost estimate exceeds $250, fax a copy of the repair work order to NCVECS for review and obtain approval from the project staff before proceeding with the repairs. • Repair the vehicle. • Document diagnostic findings, assumptions, and conclusions, and provide a written description of labor (procedures), detailing what was done to the vehicle. • Using a 4-gas analyzer, verify that the vehicle would pass the basic two speed idle test. • Should the vehicle not be fixed or if it fails the emissions test, contact the Data Manager. • In special cases, as directed by project staff, conduct a formal two speed idle emissions test. • Return repaired vehicle to NCVECS for follow-up mass testing. • Provide copies of diagnosis and repair information, including OBD code information, MIL status, 4-gas analyzer results, and invoice. Requirements: Repair shops must: • Employ ASE certified technicians with extensive experience in diagnosing and repairing emissions controls and related systems. • Have an acceptable 4-gas analyzer and other diagnostic equipment suitable for the diagnosis of complex automotive computer controlled systems. • Provide the City with repair invoices for each vehicle having charges broken down as follows: • Diagnosis costs • Parts cost • Repair labor • Transportation (to and from NCVECS) charges 2/9/00 Method of Award: Shops will be evaluated on the basis of cost to the project using the bid responses listed below, and on the following criteria: • Technicians must be ASE certified in areas relating to emissions and fuel systems. • Emissions diagnosis experience for the technicians who will be assigned to the project. • Type and quality of diagnostic equipment. • Emission test project experience. • Distance from NCVECS. • Indication of ability to schedule repairs quickly. 2/9/00 Project personnel may make onsite evaluations of repair shops in order to rate these criteria. Price Proposal: RFP # P-1016 Qty Description Cost N/A Parts markup, for emission repairs % 1 Diagnostic procedure for emissions failures, per each $ 1 Labor rate to be applied for emission repairs, per hour $ 1 Transportation charge for relocating project vehicles, per roundtrip to NCVECS $ Additional Information: a. Are technicians ASE certified in emissions repair and fuel related areas? Yes _ No _ b. Years of emissions diagnosis and repair for technician who will be assigned to repair vehicles determined to be hi -emitters. A. B. C. C. Describe diagnostic equipment which would be used on project vehicles: d. During the primary repair period (April through July) your shop will typically be able to schedule repairs within: _ one day, _ two days, _ three days of initial notification. e. Enter name and phone number for person who will be responsible for project coordination. f. Describe previous emission test project experience. Include name of project and contact person familiar with the project: For questions concerning this RFP, contact Jim Hume, Senior Buyer, 970-221-6776. Signature: Title: Company: Date: Name: Street: Phone #: City: Fax #: State/Zip: Email: �L`]LII7 SERVICES AGREEMENT (Sample) P1016 Vehicle Emissions Repair Project 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 emissions repair services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence April 1, 2006, and shall continue in full force and effect until the end of the "Hi -Emitter Project", or until September 30, 2006, 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 four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract end. 3. 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 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 2/9100 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, according to the fee schedule contained within Exhibit "A". This shall be a cost -reimbursement contract. 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. 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, 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, 2/9/00 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, 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, 215 N Mason, 2"d Floor, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 2/9/00 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. THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill 11, CPPO Director of Purchasing & Risk Management DATE: [Business Name] By: Title: Date: (Scope of Service, adapted from bid Procedures & Specifications, attached here) L► RID11]