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HomeMy WebLinkAboutRFP - 8805 PAVEMENT CONDITION DATA COLLECTION SERVICESRFP 8805 Pavement Condition Data Collection Services Page 1 of 27 REQUEST FOR PROPOSAL 8805 PAVEMENT CONDITION DATA COLLECTION SERVICES The City of Fort Collins is requesting proposals from qualified Vendors to provide pavement condition data collection services for approximately 565 centerline miles (9,234 segments) of streets. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on November 9, 2018 and referenced as Proposal No. 8805. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at edale@fcgov.com, with a copy to Project Manager, Rob Mosbey, at rmosbey@fcgov.com, no later than 5:00 PM MST (our clock) on October 29, 2018. Please format your e-mail to include: RFP 8805 Pavement Condition Data Collection Services in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E- Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Firms may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the firm may redact text and/or data that it deems confidential or proprietary pursuant to CORA and such version must be clearly identified as “Confidential” or “Proprietary", as applicable. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked 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 8805 Pavement Condition Data Collection Services Page 2 of 27 “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8805 Pavement Condition Data Collection Services Page 3 of 27 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins Engineering Department (City) is issuing a Request for Proposals (RFP) from qualified firms and/or teams interested in providing professional services to the City for pavement condition data collection. The City of Fort Collins maintains approximately 565 centerline miles (9,234 segments) of streets in their Pavement Management Application (PMA). To accurately and effectively manage these assets and be able to proactively schedule maintenance activities, surface distress data must be collected on these segments. The pavement surface distress data collection shall identify the type of distresses present on each pavement segment and determine their severity and quantity. The Service Provider shall analyze collected data that will produce an overall Pavement Condition Index (PCI) and International Roughness Index (IRI). The Service Provider shall perform such duties and services as listed in the Scope of Work. While it is believed that this scope includes all elements essential to update the program, those submitting proposals may also note any additional items they believe to be of value to the City. The cost of such items must be separately noted in the proposal. The remainder of this document provides additional information that will allow a Service Provider to understand the scope of the effort and develop a proposal in the format desired by the City of Fort Collins. B. Background The City of Fort Collins is committed in providing world-class municipal services through operational excellence and a culture of innovation. In addition, residents and visitors have come to expect the highest quality of public service over the years. The City comprises over 57 square miles of land and is located in Larimer County along Highway 25 corridor. In an effort to maintain the performance of the road network, the City wishes to engage a qualified Service Provider to provide pavement condition data collection services. II. SCOPE OF PROPOSAL A. Scope of Work The following tasks shall be included in the scope of work. In an effort to maintain an adequate transportation infrastructure, the City of Fort Collins typically performs a pavement condition data collection on all City’s streets every three years. The last data collection occurred in 2015 and is currently loaded in the PMA database. It is the intent of the City to enter into a one-time agreement with an option to extend an additional four (4), one year periods. This would encompass one full data collection/evaluation cycle for the City’s entire network of roads. Methods of distress survey include windshield surveys, automated distress surveys, semi-automated distress surveys, and various hybrid combinations of these (herein are collectively referred to as “automated surveys”) shall be considered. RFP 8805 Pavement Condition Data Collection Services Page 4 of 27 The Service Provider shall perform automated surveys of selected streets within the City of Fort Collins which shall be in accordance with the distress definitions and descriptions included in the ASTM D6433 Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys, most current manual. Prior to the commencement of field activities, Service Provider will meet with City personnel. The purpose of this meeting will be to review the distress rating procedure and the QA/QC process. The data collection crew will stay in touch with City Project Manager throughout the project with weekly email status reports. The total centerline mileage to survey is 565 and distress collection, analysis and product delivery shall be at 100% density within surveyed miles. 1. Data Collection Requirements The Service Provider shall provide the necessary trained and experienced technical personnel working under close review and direction from an experienced professional engineer and all necessary equipment and materials to obtain pavement condition data for the City of Fort Collins. The PathRunner system, or approved equivalent, shall be equipped with the latest sensors and hardware required for accurate, high-quality pavement data collection, and shall be able to provide the following: • Both 2D and 3D laser illuminated, high resolution downward pavement images • 3D full lane width rutting data • Pavement roughness measurements – International Roughness Index (IRI) and Ride Number (RN) • Georeferenced high-quality Right-of-Way (ROW) images from a forward-facing camera, as well as high-definition pavement images acquired with a downward facing line-scan camera • Pavement geometry information – Grade and cross-slope • Accurate GPS coordinates and accurate linear distances to integrate all data mentioned above All data collected shall be accessed concurrently within the PathView software, or approved alternate, to provide an integrated view of pavement condition and imagery data. This software will be made a part of the product delivery. 1.1 Surface Distress Asphalt • Alligator Cracking • Longitudinal & Transverse Cracking • Patching • Potholes • Raveling • Rutting • Weathering Concrete • Linear Cracking • Durability Cracking • Joint Seal Damage • Divided Slab • Patching (large and small) • Spalled Corner • Spalled Joint • Scaling RFP 8805 Pavement Condition Data Collection Services Page 5 of 27 1.2 Peripheral / Segment Data • Unique ID • Street Name • From Name • To Name • Distance From • Distance To • Length • Number of travel lanes • Test Direction • MPH During Review • Surface Type (AC/PCC) • Review Date • Geographical Information (Latitude, Longitude, Altitude) • Width • Area • Slab Count • Slab Width • Slab Length • Average Grade • Average Cross slope B. Deliverables/Milestones Service Provider shall submit the following deliverables: 1. Executive Summary Report A document developed to summarize the scope, approach, findings and recommendations (if applicable) presented in a manner suitable for senior management. 2. List of streets that were not tested The report shall include Unique ID, Street Name, From, To, and reason for not testing that specific segment. *The City will furnish the Service Provider with GIS information pertaining to the City’s boundary and any additional locations requested to be analyzed. In addition, any other such information that may be helpful to the Service Provider in the performance of the project. C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • Question deadline: 5:00 PM MST on October 29, 2018 • Proposal due date: 3:00 MST (our clock) on November 9, 2018 • Interviews (tentative): Week of December 3, 2018 • Award of Contract (tentative): Week of December 10, 2018 • Completion of Project (tentative): April 30, 2019 o The Completion of Project timeframe only includes data collection and does not include any data cleanup due to errors. D. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to RFP 8805 Pavement Condition Data Collection Services Page 6 of 27 address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. E. Travel & Expenses Vendors are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable. F. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Complete Section VI, Designation of Subcontractors. Please note that the City will contract solely with the awarded Vendor; therefore, subcontractors will be the responsibility of the Vendor. Vendors requiring the provision of additional services from subcontractors acknowledge that all proposed subcontractors shall adhere to the same standards of work as described in this RFP. Vendor further acknowledges that the selected firm shall be required to perform, with the Vendor’s own organization and employees, not less than fifty percent (50%) of the value of all work conducted under the executed contract. G. Current Standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. All work shall be performed in accordance with ANSI Z133.1 A300 and applicable OSHA and AWWA Standards. H. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. I. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. J. Work Orders The awarded Vendor(s) will be expected to sign the City’s standard work order type services agreement, a sample of which is attached as Section VII for reference purposes. In the event that the City has agreements with multiple Vendors for the Work, the City reserves the right to choose which Vendor to contact regarding the project, unless order of preference has been established during the contracting process. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the Agreement). Each Work Order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees RFP 8805 Pavement Condition Data Collection Services Page 7 of 27 outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. No Work Order over $5,000 will be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. K. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the Work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Service provider initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of ten (10) double sided or twenty (20) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers, Vendor Statement form and Designation of Subcontractors form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. Vendors are required to provide detailed written responses to the following items in the order outlined below. Responses shall be considered technical offers and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the requested information may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Vendors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. The proposal shall contain the following information: 1. Introductory Letter 2. Qualifications and Experience of Team RFP 8805 Pavement Condition Data Collection Services Page 8 of 27 3. Work Plan 4. Project Schedule 5. Work Hours and Cost Estimate 6. Supportive information 7. References (at least 3 for proposing firm and 3 each for sub-consultants) 8. Conflict of interest statement 9. Insurance coverage 10. Vendor Statement 1. Introductory Letter Indicate the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the project manager if further information is desired. This letter shall reflect the Vendor’s project understanding and summarize critical issues, challenges, milestone tasks and appropriate resourcing. This information shall be based on existing information available in the request for proposal, from a site visit, available documents, and from applicable regulations or requirements. This letter shall also contain an expression of the Vendor’s interest in the work, a brief summary statement regarding the qualifications of the Vendor to do the work, and a brief summary of any information about the project team or the Vendor that may be useful or informative to the city. Note: along with the introductory letter, the Vendor shall indicate his/her acceptability of the terms and conditions of the standard services agreement contained within the RFP. Any proposed deviations and modifications to the agreement shall be noted, with reasons given, in the introductory letter for review by the City. 2. Qualifications and Experience of Team Describe how the Vendor team will be organized. Discuss the qualifications and experience of the Vendor team, including project manager, project team and subconsultants. Specific experience with city, state and federal projects and procedures shall also be included. Location(s) of offices. If multiple, please identify which will be the primary for our account. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. Note: The City must approve any change in key personnel after the award of a project before the change is made. 3. Work Plan Identify key personnel that will be made available to this project and equipment that will be used to collect and analyze the data. Describe the responsibilities of key team members and explain how they will interact with respect to delivery of critical tasks. The proposal shall contain a listing of current work commitments to other projects or activities in sufficient detail to indicate that the organization and all the individuals assigned to the proposed project will be able to meet the schedule outlined in the proposal. RFP 8805 Pavement Condition Data Collection Services Page 9 of 27 The proposal shall identify delivery methods to the City as well as an out brief / training days necessary at the end of the project. The work plan will ultimately become part of the Services Agreement by reference to the proposal. It shall describe and define in a specific, concise and straightforward manner the proposed approach to achieving the objectives and accomplishing the tasks described in this Request for Proposal. Furthermore, it shall describe the Vendor’s internal control for ensuring communication with City staff is done in an adequate and timely manner, and how submittals are completed on time. 4. Project Schedule The prospective Vendor shall prepare a schedule that is both adequate and reasonable to ensure timely completion of the tasks listed in the scope of work. 5. Work Hours and Cost Estimate The prospective Vendor shall submit their proposed work hours and project cost proposal including all project costs and shall include the following detail: • Work hours for each team member, by task, and total work hours by all members for each task. • Billable rates of each member of the project team. • Project cost estimates and fee from each subconsultant on the project team for his/her portion of the work at the same level of breakdown noted above. All costs will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Travel expenses may be reimbursable at the discretion of the City. Vendor will be required to provide original receipts to the City for all travel expenses. 6. Supporting Information Supportive information may include graphs, charts, photos, resumes, etc., and is at the Vendor’s complete discretion. 7. References This section shall describe work which is similar in scope and complexity to the project and which the Vendor team has undertaken in the last five years. A discussion of the challenges faced, and solutions developed, by the team is highly recommended. The section shall also include a summary table showing the following information: • Name of project, scope, budget, and date Vendor services were completed • Name and phone number of the agency project manager RFP 8805 Pavement Condition Data Collection Services Page 10 of 27 Note: a minimum of three references are required for the prime Vendor and any subconsultants on the project team. References with incorrect contact information will not count toward the required minimum. 8. Conflict of Interest Statement The prospective Vendor shall disclose any financial, business or other relationship with the City that may have an impact upon the outcome of this contract. The prospective Vendor shall also list current clients who may have a financial interest in the outcome of this contract. 9. Insurance Coverage The prospective Vendor shall provide a summary of the firm's insurance coverage for comprehensive general liability insurance, automotive liability insurance, and worker's compensation insurance. The Vendor’s insurance must meet the City’s premium thresholds as described in Section VII Sample Services Agreement. 10. Vendor Statement and Designation of Subcontractors Vendors shall complete and submit the Vendor Statement and Designation of Subcontractors forms, located in Section V and VI, respectively, of this RFP. RFP 8805 Pavement Condition Data Collection Services Page 11 of 27 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. 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 address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 3.0 Firm Capability Does the firm have the resources, technology, financial strength, capacity and support capabilities required to successfully complete the project on-time and in-budget? Has the firm successfully completed previous projects of this type and scope? 1.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications 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? 3.0 Cost & Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? 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 by each project task or phase? RFP 8805 Pavement Condition Data Collection Services Page 12 of 27 B. Reference Evaluation Criteria Prior to award, the Project Manager may check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8805 Pavement Condition Data Collection Services Page 13 of 27 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 8805 Pavement Condition Data Collection Services Page 14 of 27 VI. DESIGNATION OF SUBCONTRACTORS SUBCONTRACTOR (Name & Location) % OF WORK ESTIMATED ANNUAL DOLLAR AMOUNT WORK TO BE PERFORMED BY SUBCONTRACTOR Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 15 of 27 VII. SAMPLE AGREEMENT ( FOR REFERENCE ONLY – DO NOT SIGN ) 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 one (1) page 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 $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference. 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. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 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 Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 16 of 27 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. This Agreement shall commence , 20 and shall continue in full force and effect until , 20 , 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. 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. 6. 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. 7. 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. 8. Payments. 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, Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 17 of 27 with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) page(s), 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. 9. 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. 10. 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 extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. 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 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. 12. 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. 13. 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. 14. 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. Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 18 of 27 b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. 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. 16. 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. 17. 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. 18. 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 Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 19 of 27 Exhibit , 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 Purchasing Director, 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. 19. 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. 20. 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. 21. 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: 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 Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 20 of 27 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. 22. 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. Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 21 of 27 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 22 of 27 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 23 of 27 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 24 of 27 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 25 of 27 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 26 of 27 EXHIBIT 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. Official Purchasing Document Last updated 10/2017 RFP 8805 Pavement Condition Data Collection Services Page 27 of 27 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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.