HomeMy WebLinkAboutRFP - 7540 ELEVATOR MAINTENANCE & REPAIR (3)RFP 7540 Elevator Maintenance & Repair Page 1 of 26
REQUEST FOR PROPOSAL
7540 ELEVATOR MAINTENANCE & REPAIR
The City of Fort Collins is requesting proposals from qualified firms for Elevator
Maintenance and Repair Services per the following Request for Proposal. Firms will be
expected to provide elevator maintenance, repair, and inspection services on a variety
of make and model elevators using experienced and certified technicians.
Proposals submission via email is preferred. Proposals shall be submitted in
Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If
electing to submit hard copy proposals instead, five (5) copies, 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), August
20, 2013 and referenced as Proposal No. 7540. If delivered, they are to be sent to
215 North Mason Street, 2
nd
Floor, Fort Collins, Colorado 80524. If mailed, the address
is P.O. Box 580, Fort Collins, 80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
A pre-proposal meeting will be held 10:00am on July 30, 2013 in Conference
Room 1a located at 215 N Mason, Fort Collins. At the conclusion of the meeting,
City personnel will conduct an elevator tour.
Questions concerning the scope of the project should be directed to Project Manager,
Bruce Byrne at (970) 566-7035 or bbyrne@fcgov.com.
Questions regarding bid submittal or process should be directed to Doug Clapp,
Senior Buyer at (970) 221-6776 or dclapp@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
The City of Fort Collins is subject to public information laws, which permit access to
most records and documents. Proprietary information in your response must be clearly
identified and will be protected to the extent legally permissible. Proposals may not be
marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to
material treated as confidential in the normal conduct of business, trade secrets,
discount information, and individual product or service pricing. Summary price
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 7540 Elevator Maintenance & Repair Page 2 of 26
information may not be designated as proprietary as such information may be carried
forward into other public documents. All provisions of any contract resulting from this
request for proposal will be public information.
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,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 7540 Elevator Maintenance & Repair Page 3 of 26
REQUEST FOR PROPOSALS
7540 ELEVATOR MAINTENANCE AND REPAIR
GENERAL
The City of Fort Collins is soliciting proposals from qualified firms for Elevator
Maintenance and Repair Services per the following Request for Proposal. Firms will
be expected to provide elevator maintenance, repair, and inspection services on a
variety of make and model elevators using experienced and certified technicians.
The City of Fort Collins has 25 elevators of various makes and models, along with an
Otis stage lift. A complete list of elevators is included below.
A pre-proposal meeting will be held 10:00am on July 30, 2013 in Conference
Room 1a located at 215 N Mason, Fort Collins. At the conclusion of the meeting,
City personnel will conduct an elevator tour.
It is the City's intention to enter into a full maintenance agreement covering the
maintenance, inspection, and repair of elevators, except where the age or condition of
the elevator makes such agreement impractical.
Firms should propose a complete solution to the City's elevator maintenance needs,
using:
1. Standard maintenance agreements
2. Time and materials agreements
3. Other solutions, as appropriate
1. Definitions:
A. The term elevator, as used in these documents, includes all components
required to constitute a complete and usable elevator device, but excluding
smoke and fire sensors not specifically a part of the elevator controls, main lines,
power switches, breakers and feeders to controller and structural components of
the building in which the elevator is installed.
B. The term “maintenance” as used in these documents, refers to a scheduled,
cyclical, system of inspection, adjustment, lubrication, and cleaning required to
sustain the usability and reliability of the component elevator system.
C. The term “repair” as used in these documents, refers to restoration, or
replacement of a failed or worn out part or component.
RFP 7540 Elevator Maintenance & Repair Page 4 of 26
2. Manufacture (make) and Location of elevators:
# Location Make Model Installed Floors Door Capacity
Third
Party
Insp.
1
215 N Mason - East
unit Schindler
MPH II -
EOB218L Sep-00 3
Single Speed
Side Opening 2500 Yes
2
215 N Mason - West
unit Schindler
MPH II -
EOB218L Sep-00 3
Single Speed
Side Opening 2500 Yes
3
300 Laporte - City
Hall Dover Relay Logic 1977 2
Center opening,
front & rear 1800 Yes
4
300 Laporte - Old
Police Westinghouse
Relay Logic
D2-218 1979 4
Single Speed
Side Opening, 3-
front, 1-rear 2500 Yes
5
1599 City Park Ave
City Park Center Schindler MPH II Jul-91 2
Single Speed
Side Opening 2500 Yes
6
1441 E Horsetooth,
Collindale Schindler 330A Aug-02 2
Single Speed
Side Opening 2100 Yes
7
1801 Riverside,
EPIC Montgomery MIPROM Jul-87 2
Single Speed
Side Opening 2500 Yes
8
201 Peterson,
Library Dover
Selective
Elective
Relay Logic Mar-76 2
Single Speed
Side Opening,
2-front, 2-rear 2000 Yes
9
417 West Magnolia
Lincoln Center Otis Stage lift Apr-78 n/a n/a no
RFP 7540 Elevator Maintenance & Repair Page 5 of 26
20 281 North College Schindler MPH II Feb-90 2
Single Speed
Side Opening 2500 Yes
21
4316 West Laporte
Water Treatment
Plant Montgomery
S411-66
(HH-S1) 1986 2
Single Speed
Side Opening 2000 Yes
22
2733 Council Tree
Drive Kone #1 Cable 2008 2
Single Speed
2-front, 2-rear 2500 Yes
23
2733 Council Tree
Drive Kone #2 Cable 2008 2
Single Speed
2-front, 2-rear 2500 Yes
24
417 West Magnolia
Lincoln Center Schindler 3300 2011 3
Single Speed
2-front, 2-rear 2500 Yes
25
408 North Mason
MOD Schindler 330 A 2011 3
Single Speed
2-front, 2-rear 2500 Yes
26
4316 West Laporte
Water Treatment
Plant
Material lift
only ? 2
Single Speed
Manual Gate 1500 no
3. Service Provider to:
A. Provide experienced and certified maintenance and repair, on all elevators
specified, as set out in specific work orders.
B. Carry insurance levels as indicated in attached Service Agreement.
C. Clean up the job site at the end of each service or repair.
D. Obtain any needed permits for maintenance or repair work and conform to any
State or Federal requirements related to elevator services and inspections.
E. Provide proof of personnel qualifications, to include, but not limited to: copies of
licenses, school certificates, and three business letters of reference including
contact person and telephone numbers.
F. Maintain a local telephone number, or 800 number, and must be able to be
contacted by telephone twenty-four hours each day; and by FAX transmission
during prescribed business hours.
G. Conduct evaluations of equipment performance, including car speed, door
operation, riding quality, car leveling, and overall system operation. These
evaluations will be conducted during a regularly scheduled maintenance visit with
the results of the evaluations documented and reported to the appropriate City
Representative.
4. Vendor Qualifications:
A. Must have five (5) years’ experience in maintenance and repair of elevator
RFP 7540 Elevator Maintenance & Repair Page 6 of 26
C. Provide the names of three (3) references that can verify consistent experience
in elevator maintenance and repair, for each make of elevator referenced in this
document, for a period of at least two (2) years.
D. Must designate one primary technician to be assigned to this project. One
additional person will be assigned as back-up in the event of non-availability of
the primary technician. Names and qualifications of the specified primary and
back-up technicians must be submitted as part of the bid.
5. Maintenance Service and Repairs:
Describe your proposed maintenance contracts, covered maintenance and repairs, and
list any work not covered under such contracts. Describe your proposed method of
handling maintenance and repairs of the older elevators.
Proposals must include scheduled inspection and maintenance service for each
elevator, which shall be provided every odd numbered month (Six times per year).
At a minimum the following is a scope of work to be modeled on:
PREVENTIVE MAINTENANCE SERVICE
• The preventive maintenance program performed will be in accordance with a
maintenance schedule specific to the City’s equipment
• Examine, lubricate, adjust, and repair/replace covered components
• Prompt callback coverage
• Safety testing
• Customer friendly and responsive communications
PREVENTIVE MAINTENANCE PROGRAM
The Preventive Maintenance Program will be performed in accordance with a
maintenance schedule specific to the City’s equipment. A specific service technician
will be assigned to the City of Fort Collins, and back up technicians will be noted in the
proposal to be available as required to give the City prompt service as required at all
times. A specific account representative will be assigned to the City, and will be the
primary contact for communications regarding the service agreement. Also the service
provider needs to have available technical support individuals and parts inventory, at
the site as needed, and from local warehouses and/or a national Service Distribution
Center available for express delivery in emergencies.
EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED
COMPONENTS
The service provider will on a periodic basis examine, lubricate, adjust, and as needed
repair or replace the Covered Components listed below.
RFP 7540 Elevator Maintenance & Repair Page 7 of 26
HYDRAULIC ELEVATORS
Basic components: Controller components: resistors, timers, fuses, overloads,
minor contacts, wiring, coils; packing, drive belts, strainers, functional
components of car and corridor operating stations, hangers and tracks, door
operating devices, door gibs, guide shoes, rollers, traveling cables, signal lamps
(replacement during regular visits only), interlocks, door closers, buffers,
switches, door protection devices, and alarm bells.
Major components: Exposed piping in the Machine Room & hoistway, motor,
PC boards, pump, pump unit, solid state devices, contactors, and valve.
The following items will be negotiated on a case by case basis: hoistway door
hinges, panels, frames, gates and sills; cabs and cab flooring; cab doors, gates
and removable cab panels; cab mirrors and handrails; power switches, fuses and
feeders to controllers; emergency cab lighting; light fixtures and lamps; cover
plates for signal fixtures and operating stations; card readers or other access
control devices; smoke/fire alarms and detectors; pit pumps and alarms; cleaning
of cab interiors and exposed sills; plungers, casings and cylinders; automatic
ejection systems; all piping and connections except that portion which is exposed
in the machine room and hoistway; guide rails; tank; emergency power
generators; telephone service, communication devices; disposal of used oil;
intercom or music systems; ventilators, air conditioners or heaters; media
displays; fireman’s phones; exterior panels, skirt and deck panels, balustrades,
relamping of illuminated balustrades; attachments to skirts, decking or
balustrades; moving walk belts; pallets; steps; skirt brushes; sideplate devices;
any batteries associated with the equipment; obsolete items, (defined as parts,
components or equipment either 20 or more years from original installation, or no
longer available from the original equipment manufacturer or an industry parts
supplier, replaceable only by refabrication.)
TRACTION ELEVATORS
Basic components: Selector motors; brake: pads, lining, disks or shoes,
magnet coils, brushes & commutators; controller components: resistors, timers,
fuses, overloads, minor contacts, wiring, coils; functional components of car and
corridor operating stations; hangers and tracks, door operating devices, door
gibs, guide shoes, rollers, traveling cables, signal lamps (replacement during
regular visits only), interlocks, door closers, buffers, overspeed governors, car
and counterweight safeties, alarm bells, switches, and door protection devices.
Major components: Hoist motors, hoist ropes, suspension traction media,
bearings for machine and sheaves, machine brake, motor generators, PC
boards, sheave & sheave assemblies, solid state devices, compensation ropes
and chains, and contactors.
The following items will be negotiated on a case by case basis: hoistway door
hinges, panels, frames, gates and sills; cabs and cab flooring; cab doors, gates
and removable cab panels; cab mirrors and handrails; power switches, fuses and
feeders to controllers; emergency cab lighting; light fixtures and lamps; cover
RFP 7540 Elevator Maintenance & Repair Page 8 of 26
plates for signal fixtures and operating stations; card readers or other access
control devices; smoke/fire alarms and detectors; pit pumps and alarms; cleaning
of cab interiors and exposed sills; plungers, pistons, casings and cylinders;
automatic ejection systems; all piping and connections except that portion which
is exposed in the machine room and hoistway; guide rails; tank; emergency
power generators; telephone service, communication devices; disposal of used
oil; intercom or music systems; ventilators, air conditioners or heaters; adverse
elevator operation as a result of machine room temperatures (including
temperature variations below 60 degrees Fahrenheit and above 90 degrees
Fahrenheit); media displays; computer consoles or keyboards; fireman’s phones;
exterior panels, skirt and deck panels, balustrades, relamping of illuminated
balustrades; attachments to skirts, decking or balustrades; moving walk belts;
pallets; steps; skirt brushes; sideplate devices; any batteries associated with the
equipment; obsolete items, (defined as parts, components or equipment either 20
or more years from original installation, or no longer available from the original
equipment manufacturer or an industry parts supplier, replaceable only by
refabrication.)
CLEANING
The service provider will periodically clean the machine room, car top, and pit of debris
related to the work in these areas.
TESTING OF SAFETY DEVICES
Equipment Test Frequency
Hydraulic Pressure/Relief Valve Annually
Gearless No load Annually
Gearless Full load Every 5 years
CALLBACK RESPONSE TIME
The service provider will respond to callbacks during regular working hours within an
average of 4 hours of notification, and during overtime hours within an average of 6
hours of notification, unless the service provider is prevented from doing so by causes
beyond control.
6. Emergency Services:
A. Proposals must describe how emergency repair service requests will be handled,
including time of response, contact procedures, and follow-up by vendor
management.
B. Proposals must specify labor rates and other charges associated with emergency
repair services.
7. Work Order and Invoicing Procedure:
A. A signed work order is the Service Provider’s notice to proceed. The Service
Provider will perform no work without a duly executed work order except in an
RFP 7540 Elevator Maintenance & Repair Page 9 of 26
emergency situation. (emergencies are determined by the appropriate City
Representative)
B. The City Representative will issue a work order for all maintenance services
annually, or separately, for each maintenance service, at his discretion.
C. The City Representative will issue a work order for repair work on an individual
occurrence basis. The City Representative may issue a field directive verbally
for emergency work only. Such a field directive will be followed up with an
appropriate work order at the earliest convenient time within the following seven
(7) day period.
D. Job estimates for repair not covered under a maintenance agreement must be
submitted on a unit price basis consistent with the prices set forth in the Elevator
Maintenance and Repair Service Agreement and any subsequent price
adjustments to that agreement. Estimates must include all labor rates, trip
charges and other fees described in detail.
E. Vendor will invoice for all repair jobs completed on a unit price basis consistent
with the prices set forth in the Elevator Maintenance and Repair Service
Agreement and any subsequent price adjustments to that agreement. Proof of
parts and material costs, if any, including appropriate markup, must be included
with contractor invoices. Invoices must include all labor rates, trip charges and
other fees described in detail.
F. Invoices shall include the following information when appropriate to the service
rendered:
1. Name of City Representative requesting service
2. Facility name and address
3. Make, model, serial number of equipment
4. Reported problem, if any
5. Description of performance
6. Diagnosis of trouble, if any
7. Probable cause of malfunction, if any
8. Corrective action necessary
9. Listing of materials used (if any) including:
a. proof of parts and material costs (if any), including markup
b. make, model, serial number (if applicable ) of parts replaced
c. indicate if part is under warranty
d. warranty expiration date
10. Arrival time at Facility
11. Departure time from Facility
RFP 7540 Elevator Maintenance & Repair Page 10 of 26
12. Serviceman (Technicians’) signature
13. Emergency Services only
a. - date and time call was dispatched
b. - regular hours
c. - overtime hours
d. - other charges and fees, detailed
8. Records and Reports:
A. The Service Provider shall inventory all equipment applicable to each building
elevator and keep records, available to Customer, of maintenance and repairs for
each elevator.
B. Report of Maintenance Inspection Service: Service Provider will provide the City
with a written summary of actions taken, deficiencies noted, and recommended
corrective action as a result of the maintenance inspections. The report shall be
in adequate detail to enable the City to determine the condition of the equipment
and whether or not additional servicing of the equipment may be required.
9. Materials and Supplies:
The Contractor shall furnish, at no additional cost to the City, all oil, grease, tools, and
any other materials and supplies needed for maintenance services.
10. Replacement Parts:
All replacement parts shall be equal to or better than new factory replacement
components.
11. Deficiencies Observed During Maintenance Service:
A. During maintenance service, any problem observed, needing repairs, should be
reported immediately to the City Representative. The City Representative will
advise whether to make the repairs at that time.
B. At no time shall the Service Provider do additional work above and beyond the
inspection and maintenance service without the approval of the City
Representative.
C. The City Representative may require a cost estimate before approving
additional work.
12. Evaluation of Proposals
An evaluation committee shall rank the interested firms based on their written proposals
using the ranking system set forth below. Firms shall be evaluated on the following
criteria. The award may be made based solely on an evaluation of written proposals, or
RFP 7540 Elevator Maintenance & Repair Page 11 of 26
up to four firms may be selected for further evaluation via interviews. Such interviews
shall be evaluated using the same criteria and rating method.
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 optional interview session. At discretion of
the City, interviews of top rated firms may be held.
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
FACTOR
QUALIFICATION STANDARD
2.0 Scope of Proposal
Does the proposal show an understanding of
the project objective, methodology to be used
and results that are desired from the project?
2.0 Assigned
Personnel
Do the persons who will be working on the
project have the necessary skills? Are
sufficient people of the requisite skills assigned
to the project?
1.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion
dates be met? Are other qualified personnel
available to assist in meeting the project
schedule if required? Is the project team
available to attend meetings as required by the
Scope of Work?
1.0 Motivation Is the firm interested and are they capable of
doing the work in the required time frame?
2.0
Cost and
Work Hours
Do the proposed cost and work hours compare
favorably with the project Manager's estimate?
Are the work hours presented reasonable for
the effort required in each project task or
phase?
2.0 Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm
done previous projects of this type and scope?
RFP 7540 Elevator Maintenance & Repair Page 12 of 26
REFERENCE EVALUATION (TOP RATED FIRM)
The project Manager will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client needs;
did the Professional anticipate problems? Were
problems solved quickly and effectively?
Budget Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
13. Submittals
Proposals must include the following, generally arranged in the same order as in the
RFP:
1. A complete solution for the City's elevator inspection, maintenance, and repair
needs including agreements and a description of included and excluded
services and repairs.
2. Labor pricing for all such inspections, maintenance and repairs, including
mileage, cartage, zone pay and any other related fees or costs.
3. Replacement part mark-up percentage.
4. A list of vendor qualifications as set forth in the RFP.
5. A description of how emergency repair requests will be handled including
additional labor charges, if applicable.
6. Samples of invoices, repair and inspection reports, and other applicable forms.
RFP 7540 Elevator Maintenance & Repair Page 13 of 26
14. Proposal Acceptance
All proposals shall remain subject to initial acceptance 90 days after the day of
submittal.
RFP 7540 Elevator Maintenance & Repair Page 14 of 26
SERVICES AGREEMENT
WORK ORDER TYPE
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. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders
agreed upon in writing by the parties from time to time. Such Work Orders, a sample
of which is attached hereto as Exhibit "A", consisting of ( ) page(s) and
incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any
materials to be supplied by the City and any other special circumstances relating to the
performance of services. No work order shall exceed $ . The only services
authorized under this agreement are those which are performed after receipt of such
Work Order, except in emergency circumstances where oral work requests may be
issued. Oral requests for emergency actions will be confirmed by issuance of a written
Work Order within two (2) working days. Professional shall be solely responsible for
performance of all duties hereunder.
RFP 7540 Elevator Maintenance & Repair Page 15 of 26
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or
oral emergency service request. Oral emergency service requests will be acted upon
without waiting for a written Work Order. Time is of the essence.
4. Contract Period {Option 1} This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the city, the Agreement may be extended for an additional period of one (1) year at the
rates provided with written notice to the professional mailed no later than 90 days prior to
contract end.
5. Contract Period. {Option 2] This Agreement shall commence , 200 and shall
continue in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed ( ) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget
Office will be used as a guide. Written notice of renewal shall be provided to the Service
Provider and mailed no later than 90 days prior to contract end.
RFP 7540 Elevator Maintenance & Repair Page 16 of 26
6. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is 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.
7. Early Termination by City/Notices. 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 mailed 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 address:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, 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.
8. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the
actual amount of services which will in fact be requested.
9. Payments.
RFP 7540 Elevator Maintenance & Repair Page 17 of 26
a. The City agrees to pay and the Service Provider agrees to accept as full payment for
all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as
Exhibit " ", consisting of ( ) page , and incorporated herein by
this reference.
Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the
performance of such work.
10. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services hereunder,
the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extend that the work
shall be done in accordance with the terms, plans and specifications furnished by the City.
12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent
of the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
RFP 7540 Elevator Maintenance & Repair Page 18 of 26
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
13. 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.
14. 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 under the Agreement
or of any cause of action arising out of the performance of this Agreement.
15. 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
RFP 7540 Elevator Maintenance & Repair Page 19 of 26
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.
16. 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.
17. 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.
18. 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 representative, successors and assigns of said parties.
RFP 7540 Elevator Maintenance & Repair Page 20 of 26
19. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit " ", consisting of ( ) 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.
20. 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.
21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. 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.
RFP 7540 Elevator Maintenance & Repair Page 21 of 26
22. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1) Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2) Service Provider will participate in either the e-Verify 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 “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
RFP 7540 Elevator Maintenance & Repair Page 22 of 26
1) Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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.
e. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
23. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
RFP 7540 Elevator Maintenance & Repair Page 23 of 26
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: __________________________________
Gerry S. Paul
Director of Purchasing and Risk Management
Date:_________________________________
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
Assistant City Attorney
By:____________________________________
_______________________________________
Print Name
Title____________________________________
Corporate President or Vice President
Date: _______________________________
ATTEST
(Corporate Seal)
_____________________________
Corporate Secretary
RFP 7540 Elevator Maintenance & Repair Page 24 of 26
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional Services
Agreement between the parties. In the event of a
conflict between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the
Professional Services Agreement shall control.
The attached forms consisting of ___ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Professional
By:_______________________________
Date:_____________________________
City of Fort Collins
By:_________________________________
Project Manager
Date: ______________________________
By: _______________________________
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $60,000.00)
Date: ____________________________
RFP 7540 Elevator Maintenance & Repair Page 25 of 26
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.
RFP 7540 Elevator Maintenance & Repair Page 26 of 26
EXHIBIT C
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City) . The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
equipment under the current name of the bidders’ firm.
B. Must have adequate staff, equipment, tools, and service vehicles to be able to
comply with the contract provisions, regardless of elevator make and model.
10
424 West Mulberry
Mulberry Pool Schindler MPH II Jun-92 2
Single Speed
Side Opening 2000 Yes
11
200 Mathews,
Museum Dover Relay Logic Mar-76 3
Single Speed
Center Opening,
2-front, 1-rear 1800 Yes
12
112 East Willow
Northside Center Kone KCM 831 2007 2
Single Speed
Side Opening 2000 Yes
13
120 North Mason
South unit at CCPG Schindler 300 A Feb-99 4
Single Speed
Center Opening 2500 Yes
14
120 North Mason
North unit at CCPG Schindler 300 A Feb-99 4
Single Speed
Center Opening 2500 Yes
15
104 Remington St
Old Town PG Motion Control IMO Aug-01 4
Single Speed
Center Opening 2500 Yes
16
221 Timberline
New Police Bldg, #1
unit Schindler 330 A Dec-06 3
Single Speed
Center Opening,
3-front, 1-rear 2500 Yes
17
221 Timberline
New Police Bldg, #2
unit Schindler 330 A Dec-06 2
Single Speed
Center Opening,
2-front, 1-rear 2500 Yes
18
221 Timberline
New Police Bldg, #3
unit Schindler 330 A Dec-06 3
Two Speed Side
Opening 4500 Yes
19
1200 Raintree Drive
Senior Center Schindler MPH II Mar-94 3
Single Speed
Side Opening 2500 Yes