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HomeMy WebLinkAboutRFP - 8646 CNG SITE MAINTENANCE CONTRACTOR 2018Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 1 of 32 REQUEST FOR PROPOSAL 8646 CNG SITE MAINTENANCE CONTRACTOR 2018 The City of Fort Collins is requesting proposals from qualified firms for an experienced CNG fuel site maintenance contractor to perform maintenance and repairs at three fueling sites . 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 instead, one (1) hard copy and one (1) electronic copy on a jump drive, will 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), March 29, 2018 and referenced as Proposal No. 8646. 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. Questions concerning the scope of the bid should be directed to Project Manager, Tracy Ochsner at (970) 224-6061 or tochsner@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Tracy Ochsner , with a copy to Doug Clapp, no later than 5:00 PM our clock on March 20, 2018. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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. 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. 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 Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 2 of 32 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 3 of 32 REQUEST FOR PROPOSAL 8646 CNG SITE MAINTENANCE CONTRACTOR 2018 General Description The City of Fort Collins is soliciting proposals for an experienced CNG fuel site maintenance contractor to perform maintenance and repairs at three fueling sites. The Service Provider will be expected to provide a high level of technical expertise and commitment to service. Background The fuel sites and annual projected compressor hours are: 1. 835 Wood Street – ANGI - 700 hours / year 2. 6570 Portner Road (Transfort) – Ariel - 2,000 hours/ year Gemini – 1,500 hours / year 3. 625 Ninth Street (Streets) - ANGI - 400 hours/ year The Maintenance contract on the Streets Site will begin 1/1/2019. Site Pictures See Attachment A below. 1.0 Proposals The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit an e-mailed copy to purchasing@fcgov.com or one (1) printed copy to Purchasing, as indicated on the Request for Proposal page, along with one copy in electronic format, either on a CD or flash drive. The proposal must include the following information: a. Company history and experience in commercial CNG fuel site service and repair as described in the scope of work. b. A narrative describing the services to be provided to the City. c. References from three or more organizations which have used your company for similar products and services within the last two years. d. Show that the contractor has at least five (5) years of experience in commercial CNG fuel site maintenance and repair. e. For personnel who will be assigned to perform City work, provide proof of qualifications, to include but not limited to: copies of professional licenses, school certificates, letters of reference, etc. f. Evidence of having adequate and sufficient equipment to perform quality services. g. Pricing, as requested. Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 4 of 32 The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. 2.0 Contractor Qualification. Contractor must: a. Have at least two (2) qualified service technicians, at least one of whom must be a licensed electrician capable of performing repairs to system wiring and control circuitry. b. Have experience in the CNG systems and controls used at the City fuel site and be capable of designing, installing and calibrating retrofits or modifications. c. Be capable of preparing schematics of existing systems and able to produce schematics of retrofits or other modifications. d. Be able to perform refrigerant oil sampling and provide oil analysis lab reports. 3.0 Scope of Work Note: For the purposes of this solicitation and subsequent Agreement, the words Service Provider and Contractor have the same meaning. Scheduled Maintenance Scheduled maintenance must be performed according to manufacturer's recommendations, but no less than once per quarter. All scheduled maintenance must be coordinated first with the customer and is to be performed during off-peak fueling hours. Service intervals and record- keeping requirements will normally be negotiated by and agreed to by both parties. Scheduled maintenance will include, at a minimum: a. Check fluid levels. Refill as needed. b. Drain and renew fluids at specified intervals. c. Replace filter elements at specified intervals. d. Maintain a log of operational parameters. e. Check all equipment for proper operation. f. Check all controls for proper operation. g. Check dispenser operation including valves, hoses, switches, and nozzles. h. Check the dew point on the dryer and regenerate if needed. i. Check and make minor repairs of defective valves, fix fluid leaks, etc. j. Update site maintenance records. k. Provide City with weekly maintenance logs. l. Annual pressure washing of major components. Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 5 of 32 Parts Inventory Materials and fluids needed for Scheduled Maintenance services will be provided by the City. In order to keep downtime to a minimum, the Service Provider must provide a recommended list of service parts to be kept in inventory at the Transfort Shop. In order to minimize the impact of emergency breakdowns, the Service Provider will supply a list of recommended repair parts and a list of suppliers for those parts. The City will determine which common items to keep in stock and will be responsible for maintaining such stock. The Service Provider shall advise the City when stocked parts are used so those parts can be replaced into stock. All other parts will be ordered as needed. Service Provider Response Time Requirements a. For a trouble call requiring telephone consultation: A qualified technician must respond within 30 minutes of the initial phone call from City personnel. b. For non-emergency unscheduled maintenance or repairs: A qualified technician must be onsite within one business day. If weekend service is requested, the appropriate overtime rates can apply. c. For emergency calls: A qualified technician must be onsite within two hours after the initial call from City personnel. Equipment Listing (age) Transfort Site @ 6570 Portner Road a. G.E. Gemini 250 SCFM compressor Model GE-M302-250 SCFM – (2010) b. Ariel 200 SCFM compressor; (1990) c. Gas Dryer Xebec Dryer Model STR24NGX-2; (2005) d. Three-tank storage system; ASME Storage Model CPI 5500 (2005) e. One dual hose ANGI Energy gas dispenser (2013) f. One dual hose Bennett gas dispenser (~2000) g. Electrical panels containing circuit breakers and motor starters (2005) h. Priority and sequencing valve assembly and monitoring system (2005) Wood Street Site @ 835 Wood Street a. ANGI Energy NG50 50 SCFM compressor (2010) b. Three-tank storage system; ASME Storage Spheres (1995) c. One ANGI Energy dispenser with two hoses (2010) d. Priority and sequencing valve assembly and monitoring system (2010) e. Electrical panels containing circuit breakers and motor starters. (2016) Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 6 of 32 Streets Site @ 625 Ninth Street a. ANGI NG300 compressor (2017) b. Three-tank storage system; ASME Storage Tubes Model CPI (2012) c. One ANGI Energy dispenser with two hoses (2017) d. Priority and sequencing valve assembly and monitoring system (2017) e. Gas Dryer Xebec Dryer Model (2017) f. Electrical panels containing circuit breakers and Motor starters. (2017) Work Orders Because this Agreement includes both scheduled preventative maintenance at a fixed price and other repairs and modifications on a time and materials basis, one work order covering annual maintenance will be issued for each contract term. Additional work orders will be issued, as needed, to cover unscheduled repairs, emergencies, and modifications. A. Service Provider must: a. Provide services during normal business hours as established in work orders. b. Provide an after-work hours phone number to be used by the City when requesting emergency or urgently needed services. Provide telephone and email address for use during normal business hours for service requests and project coordination. c. Properly label and provide updated schematics of new and modified equipment. d. Comply with City recycling and solid waste reduction policies. e. Clean-up the job site at the end of each day and at work completion. f. Obtain any needed permits for repair or installation work and provide a copy of the permit to the City representative before work is started. B. Work Order Procedure: a. All job estimates must be submitted on a unit price basis consistent with the prices established in the Pricing section. b. Contractor will invoice for all jobs completed on a unit price basis with the prices established in the Pricing section, including appropriate mark up on materials, if any. Copies of material invoices must be included with the billing invoices. c. Work order number must be included on the billing invoices. Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 7 of 32 Other Fees and Surcharges Mobilization or equipment charges: the City will not pay such charges when the Contractor is providing regular or emergency service work. Contractor may charge the City a reasonable fee for the use of equipment not normally carried or used in the course of providing such services, such as special recycling equipment or the rental of equipment like a forklift. Any such extra charges must be approved in advance by the City representative. Trip charges: the City will not pay such charges when the Contractor is providing regular service work. Trip charges may be approved in special circumstances, such as when the Contractor arrives at the work site to find that services are no longer needed, for whatever reason; or when the Contractor is required to make extra trips to a work site. Such charges must be approved in advance by the City representative. Fuel surcharges: when fuel prices rise enough to cause an increase in the cost of providing services, the Contractor may request that the City allow an extra surcharge to cover such added costs. The City will decide, on a case-by-case basis, whether or not to grant such an increase. Firm, Fixed Price Bids Occasionally the City may request that the Contractor and other companies provide firm, fixed price bids for specified work. If the Contractor is awarded that work, it must be completed at the bid price, plus or minus any change orders approved by the responsible City representative. Employee Identification Contractor personnel must obtain an ID badge from Operations Services and display that badge whenever they are working in City facilities. Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 8 of 32 4.0 Pricing: Monthly rate for preventative maintenance of the CNG fuel site: Year One: Transfort $ Wood Street $ Year Two - Five: (based on an Annual renewal option) Transfort $ Wood Street $ Streets Site $ Hourly rates charged for repair work performed under this agreement: A. Normal Hours (From AM To PM) Service Technician, Normal Rate: $ per hour Service Technician, Overtime Rate: $ per hour B: Material Costs: Please indicate below your company mark-up on materials used in performing normal maintenance and repairs to existing equipment: percent markup for materials. Please indicate below your company mark-up on parts and/or equipment installed as part of an update or modification to the existing system: percent markup for parts and equipment. Copies of material invoices are to be included with billing statements. C. Trip Charges The City does not pay trip charges or travel time for non-emergency service work. Emergency call-out trip charge, if any: $ D. Emergency Call-out When the Contractor responds to an emergency call-out, the City will pay a minimum of two (2) hours of the assigned technician's applicable rate. If emergency repairs require more than eight (8) hours, the Contractor will be expected to assign personnel in a manner which will minimize overtime charges. Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 9 of 32 Submittals Submitted proposals must conform to the following format: 1. Company introduction, including name and contact information of the person assigned to respond to questions regarding the firm's proposal. 2. Responses to the information requested in section 1.0 Proposals. 3. Responses to specific requirements listed in section 2.0 Contractor Qualifications. 4. Description of services offered as outlined in section 3.0 Scope of Work. Provide additional information where needed to fully explain the offered service program and to indicate services considered necessary but not specifically requested in the Scope. 5. Completed section 4.0 Pricing. Include explanatory information on separate sheets. 6. Signed Proposal Acknowledgement Form. Evaluation and Award An evaluation committee shall rank written proposals using the scoring system set forth below. An award may be made based on written proposal scores or up to three firms may be called in for interviews. Such interviews would be scored, in general, like the written proposals. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Weighting factors for the criteria are listed adjacent to the qualification. Weighting Factor Qualification Standard 1.0 Scope of Proposal Does the proposal show an understanding of the City's requirements? 3.0 Assigned Personnel Do the persons who will provide services have the necessary skills, licenses, and certifications? 1.0 Availability Can the contractor respond efficiently to both non- emergency and emergency service requests? 1.0 Motivation & Capability Is the firm interested in providing the requested services? Does the firm and their personnel have the experience needed to complete work efficiently and expeditiously? 4.0 Cost and Work Hours Are hourly rates and other costs reasonable? Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 10 of 32 Proposal Acknowledgement Form The Professional 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, the Professional hereby makes the following representations to the City: a. All of the statements and representations made in this proposal are true to the best of the Professional’s knowledge and belief. b. The Professional has obtained all necessary authorizations and approvals that will enable the Professional to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Professional Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 11 of 32 Attachment A SITE PICTURES Transfort CNG fuel site, front view Transfort Ariel compressor, interior view #1 Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 12 of 32 Transfort Ariel compressor, interior view #2 Transfort Ariel compressor enclosure Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 13 of 32 Transfort Ariel compressor control panel Transfort GE compressor enclosure Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 14 of 32 Transfort GE compressor, interior view Transfort GE compressor, secondary blow-down tank Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 15 of 32 Transfort Xebec dryer Transfort Priority control panel for all three compressors Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 16 of 32 Transfort Interior of priority control panel Streets Site ANGI Compressor Interior view Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 17 of 32 Streets Site ANGI compressor Streets Site Storage Vessels Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 18 of 32 Streets Site Xebec Dryer Streets Site Dispenser Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 19 of 32 Wood Street ANGI Compressor Interior View Wood Street ANGI Compressor Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 20 of 32 Wood Street Dispenser Wood Street Storage Vessels Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 21 of 32 EXAMPLE – 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 8646 CNG Site Maintenance Contractor 2018 Page 22 of 32 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 8646 CNG Site Maintenance Contractor 2018 Page 23 of 32 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. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 24 of 32 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 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 Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 25 of 32 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 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 Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 26 of 32 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, and Exhibit - Federal Requirements, consisting of ( ) page(s), attached hereto and incorporated herein by this reference. 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 8646 CNG Site Maintenance Contractor 2018 Page 27 of 32 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 8646 CNG Site Maintenance Contractor 2018 Page 28 of 32 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 8646 CNG Site Maintenance Contractor 2018 Page 29 of 32 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 30 of 32 EXHIBIT D (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8646 CNG Site Maintenance Contractor 2018 Page 31 of 32 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 8646 CNG Site Maintenance Contractor 2018 Page 32 of 32 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.