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HomeMy WebLinkAboutRFP - 8931 EMERGENCY MITIGATION SERVICESRFP 8931 Emergency Mitigation Services Page 1 of 23 REQUEST FOR PROPOSAL 8931 EMERGENCY MITIGATION SERVICES The City of Fort Collins (City), specifically Fort Collins Police Services (Police), on behalf of Poudre Fire Authority (PFA), are requesting proposals from companies to provide emergency mitigation services for businesses and homes or properties, after an emergency response to prevent further damage or loss. This is to be a Zero-Cost Contract with PFA and the City. 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 July 19, 2019 and referenced as Proposal No. 8931. 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 Beth Diven, Buyer at bdiven@fcgov.com, with a copy to Project Manager, Ralph Kettle at rkettle@poudre- fire.org, no later than 5:00 PM MST (our clock) on July 10, 2019. Please format your e-mail to include: RFP 8931 Emergency Mitigation 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. This RFP has been posted utilizing the following Commodity Code(s): 910-24 Fire and/or Water Damage Restoration Services 910-62 Protection of Building from Weather or Vandalism 990-30 Disaster Relief Services 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. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary 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 8931 Emergency Mitigation Services Page 2 of 23 pursuant to CORA. 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 “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 8931 Emergency Mitigation Services Page 3 of 23 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins (City), on behalf of Poudre Fire Authority (PFA), and in conjunction with Fort Collins Police Services (Police), is requesting proposals from companies to provide emergency mitigation services for businesses and homes or properties, during an emergency response to prevent further damage or loss. The selected Vendor will furnish all labor, materials, and equipment to safely and efficiently provide emergency mitigation services to properties as necessary to mitigate loss. This is to be a Zero-Cost Contract with PFA and the City. PFA and the City are not to be invoiced for the cost of emergency mitigation services, except in instances where otherwise specified. The benefit for the selected Vendor is the potential to generate contracting jobs with property owners. The selected Vendor will not offer, negotiate, propose, repair, or perform reconstruction work during the emergency phase of the incident. The City and PFA expect to enter into an Agreement with the awarded Vendor. The anticipated terms and conditions of the Agreement are set forth in attached Section VII - Sample Services Agreement. The City and/or PFA reserve the right to include additional terms and conditions in the final agreement as deemed necessary. II. SCOPE OF SERVICES A. Work Specifications and General Requirements 1. The selected Vendor will be called when service is required. The Vendor will respond within the contracted time and perform the services as specified. The home/business owner will ultimately have the choice of using the contractor for further services for their requirement. PFA and/or the City will not be responsible for any actions or activities once the initial emergency service is complete. 2. The Vendor is to only seek reimbursement for emergency mitigation services directly from the homeowner’s/occupant’s or business’s insurance company at reasonably prevailing market rates. The Vendor will not seek reimbursement from non-insured occupants and will provide emergency mitigation services regardless of the occupant’s insurance coverage/status. Vendor will be required to observe a twenty four (24) hour waiting period from the time of the initial request for services notification before engaging the home or business owner to discuss any offer, negotiation, proposal, repairs, or performing additional restoration/reconstruction services. 3. Required services are to be initiated within one hour from the time of dispatch. Calls for assistance must be answered live or returned within ten (10) minutes. 4. Vendor must have a valid Contractor’s License to conduct business in Fort Collins, Timnath, LaPorte and Larimer County. 5. Vendor must provide service twenty four (24) hours a day, seven (7) days a week, fifty two (52) weeks a year, at the convenience of the PFA and/or the City. 6. Vendor must respond to notification first by a confirming phone call within ten (10) minutes to PFA and/or the City, and arrival on the scene by qualified mitigation staff within sixty (60) minutes. 7. Depending on the size and nature of the mitigation event, the Vendor may be asked to provide additional services in a timely manner; including, but not limited to, RFP 8931 Emergency Mitigation Services Page 4 of 23 arranging for heavy equipment to be delivered to the scene, as required by PFA. Vendor is expected to provide appropriately trained and licensed operators for all equipment utilized in the course of mitigating an event. Operators will assist in the mitigation under the direction of the onsite PFA representative. In the event that additional services utilizing large equipment are required to mitigate an event, the Vendor may invoice the PFA for the cost. 8. Work completed is subject to final inspection/certification by the appropriate agency (i.e., PFA, City, County, State Health, etc.) having oversight for compliance. 9. Only those building openings as directed by PFA will be secured. 10. Vendor, when providing a service which has been ordered, shall report to PFA any condition which may require additional services to safely secure the building, in the event the building is deemed structurally unsafe. 11. Vendor must keep a ready supply of materials for twenty four (24) hour response needs. Materials required for emergency mitigation services include, but are not limited to: • Plywood sheet must be a minimum of 7/16" thickness CDX or OSB, unpainted. • Standard Framing Studs shall be 2”x 4”x 8’ • Fasteners shall be 2" to 2 1/4" dry wall screws. • Fixing must be on 6" centers. • Sign postings as needed, no permit required. 12. Vendor must have access to sufficient security fencing with controlled access gates for up to a one (1) acre perimeter for securing larger building, such as apartment buildings. 13. Due care shall be exercised to avoid damage to existing improvements, facilities, adjacent property, and real or personal property that is adjacent to areas to be restored. 14. Should work be performed by other firms within or adjacent to the limits of the premises specified or should work of any other nature be underway by other firms within the area of service, Vendor shall cooperate with all such other firms so that any delay or hindrance to their work will be avoided. PFA and the City reserve the right to perform other services as additional work at or near the site. 15. Vendor is responsible to furnish proper supervision for services that shall oversee and coordinate activities to ensure services are being performed lawfully, promptly, safely and fully. 16. There is no guarantee to Vendor of any minimum number of responses. At this time, the type and number of specific incidents which may be performed under the awarded contract are unknown. Due to the size of PFA and Police jurisdiction and the extensive nature of the operation, the potential for a significant number of incidents exists. For planning purposes, PFA and the City estimate the need for approximately 30-40 responses per year. 17. All Vendor responders shall display company identification and name badges and include company name on panels or fixtures affixed to the property being restored. RFP 8931 Emergency Mitigation Services Page 5 of 23 18. Vendor is to provide an itemized account of all hourly labor expenses and direct expenses incurred, as requested by PFA and/or the City. B. Construction and Remodeling Contracting Provisions 1. PERMITS: Vendor shall be responsible for obtaining any and all permits (including the cost thereof) required to perform installation. Installation shall be in complete compliance with all applicable Building and Fire Codes. 2. RIGHT TO INSPECT: PFA and the City shall at all times have the right to inspect the work and materials used in the construction of the improvements. The Vendor shall furnish all reasonable aid and assistance required for the proper examination of the work and all parts thereof. Such inspection shall not relieve the Vendor from the obligation to construct the improvements strictly in accordance with the approved plans and specifications of the City of Fort Collins Building Services, the Larimer County Building Department and/or PFA Community Safety Services. 3. PROTECTION OF PROPERTY: The Vendor shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men/women and materials in connection therewith. The Vendor shall give reasonable written notice in advance to the department of the City having charge of any property or utilities owned by the City and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 4. METHODS OF OPERATION: Construction work started by the Vendor on any unit of his/her contract must be continuously and actively prosecuted with an optimum complement of workmen/workwomen and equipment to expedite completion in the shortest possible time. The Vendor shall organize to do this construction eight (8) hours per day, including weekends and holidays. 5. TRADE WORKERS: All work shall be accomplished by licensed contractors in the trades required and in an orderly and responsible manner in accordance with recognized standards. At the discretion of PFA and/or the City, the Vendor acknowledges and agrees that certain services provided by the Vendor will require that employees and agents of the Vendor act in positions of trust which may entail the handling of City property and direct contact with members of the general public. Accordingly, the Vendor agrees that all employees and other representatives or agents of the Vendor will have undergone a background check. The Vendor will be responsible for completing the background checks and will disclose the reports upon reasonable request by the PFA and/or City. 6. MATERIAL DISPOSAL: Premises shall be kept clean and neat. Materials, scrap and equipment not having further use at the site shall be promptly removed from the job site. Disposal of Vendor's waste materials in the City's containers is prohibited unless prior written permission by the City has been granted. 7. OSHA GUIDELINES: The Vendor shall be familiar with, and operate within, the guidelines as set forth by the Occupational Safety and Health Act (OSHA). RFP 8931 Emergency Mitigation Services Page 6 of 23 8. VENDOR EQUIPMENT: For all operations requiring the placement and movement of the Vendor's equipment, Vendor shall observe and exercise and compel his/her employees to observe and exercise, all necessary caution and discretion so as to avoid injury to persons, damage to property of any and all kinds, and annoyance to or undue interference with the movement of the public and City/PFA/Police personnel. All ladders, scaffolding or other devices used to reach the surface of objects not otherwise accessible, shall be of sound construction, firm and stable, and shall be maintained in good condition. All such equipment shall be moved onto the areas where they are required; placed, shifted where necessary, and removed from the areas in such a manner as to provide maximum safety to persons and property and cause the least possible interference with the normal usage of such areas by the public and PFA and/or City personnel. C. Service Boundaries The area to be serviced consists of approximately 235 square miles in and around the City of Fort Collins, CO. In general, the district is bounded on the west by a line equal to Redstone Canyon, on the east by a line approximately four miles into Weld County, on the north by approximately Larimer County Road 60E, and on the south by Larimer County Road 30. The map below demonstrates the boundaries of the PFA district. III. PROPOSAL PROCESS D. 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 July 10, 2019 RFP 8931 Emergency Mitigation Services Page 7 of 23 • Proposal due date: 3:00 MST (our clock) on July 19, 2019 • Interviews (tentative): Week of August 5, 2019 • Award of Contract (tentative): Mid August 2019 • Service Start Date: September 1, 2019 E. 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 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. F. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. G. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement 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. 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. IV. PROPOSAL SUBMITTAL For this section, Vendors are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required 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. RFP 8931 Emergency Mitigation Services Page 8 of 23 A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. 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. C. Vendor Questionnaire 1. Describe your relevant experience with the planning, organization, and implementation of mitigation projects of similar size and scope as described in the Scope of Services above. At a minimum, provide specific examples, their current status, and the estimated value of the contract, a contact person, phone number, and contact’s email address. Please include details on any of the following additional services you have the capability to provide as follows: • Site security; including temporary fencing, security personnel and site access control. • Scene lighting. • Temporary heating equipment. • Temporary power. • Water removal. • Assistance to occupants in retrieving immediate needs (contents) that are not contaminated. • Debris removal (including dumpsters and/or trucks). • Fans for drying. • PODS or similar containers for temporary storage. • Crime-scene cleanup; i.e. biohazard remediation (e.g. meth-lab cleanup). • Hazardous material response, including asbestos identification & abatement. • On-site portable restrooms. • Technical rescue and shoring, as well as structural engineering. • Heavy equipment; i.e. skid steer, front end loader, cranes, etc. • Victim assistance: temporary housing, emergency toiletries, etc. • Tree felling and removal. RFP 8931 Emergency Mitigation Services Page 9 of 23 • Cleaning and salvage of valuable items (books, paintings, clothing, etc.). 2. Describe your detailed plan of execution for PFA and City emergency services. This plan shall include a minimum of the following: • Qualified personnel available on a day-to-day basis. • Size and composition of a typical response team. • Detail the number of multiple dispatches your company has the capacity to handle. • Vendor management program which describes how your company’s standard operating procedures will be consistently implemented, managed, audited and reported to PFA and/or the City. Provide an example of your reporting format. • Training program which will include frequency and type of training on procedures, incident command training or certifications, safe operation of tools and equipment, and general job site safety. • Your process for the disposal, and/or recycling of mitigation materials. 3. Include a list of key administrative and supervisory personnel you plan to assign to this project along with their resumes and/ or third party certifications. Provide an overview of qualifications and experience for each key staff member that will be supporting the PFA’s and City’s requirements. Provide an overview of the training program for response team members. 4. Define the measures you have taken to retain employees. Such measures may include, but are not limited to: employee pay scales, benefit packages, vacation/sick/paid time off, etc. What is the average length of time an employee remains with your company? 5. Explain in detail your sustainability plan. This is to include, at a minimum, your processes and procedures for the use of materials, equipment, vehicles, recycling of supplies, etc. on mitigation assignments, and also how you handle office waste. 6. Do you plan to subcontract portions of your work? Please discuss any subcontracting relationships that you might use as part of this contract. Identify those segments of work that are subcontracted. How will you maintain and monitor subcontractor’s performance? 7. Explain in detail how you will effectively administer this contract. Take into account the following requirements: • For PFA and/or the City to track and administer this contract it will be necessary to receive a service ticket for each job ordered or dispatched by PFA and/or the City. • Identify any third parties that may be invoiced and explain your process for invoicing them. In particular, tell us if you use the Xactimate system. • Do you have a single point of contact for all customer services related issues? If so, identify that individual and include their resume in your list of key personnel. 8. It may be necessary to make an on-site visit by PFA and/or City personnel to your office/dispatch center. Please identify the following: • Location of office or dispatch center. • Locations from which your personnel will be responding. RFP 8931 Emergency Mitigation Services Page 10 of 23 • Identify locations where you store and pick up your building materials. • List the types of tools and/or equipment you normally respond with. • Identify the structure or make up of your mitigation crews. For example, are they typically carpenters, general laborers, etc.? What is their typical experience level, i.e. years of experience? • Anticipated response time to all defined service areas. • What follow-up provisions/procedures have been established by your company after the job has been completed? 9. Define your process for working with insurance companies for emergency mitigation activities. 10. Provide standard mitigation rates that are reimbursable through insurance companies. 11. Provide a description of your mitigation method. Include a description of the standard materials used, including wood and fasteners, as well as a diagram of how the material is installed. 12. What provisions or penalties would you suggest PFA and the City implement for a vendor who becomes noncompliant with this contract? 13. Do you use electronic surveillance equipment or programs to monitor dispatch radio calls? If so, explain how that information is utilized in your organization. 14. Do you have any exceptions to any sections of the City’s standard Services Agreement (sample attached as Exhibit A)? D. References References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Vendor authorizes City to verify any and all information contained in the Vendor’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Contractor License Attach copies of your Contractor’s License(s) to conduct business in Fort Collins, Timnath, LaPorte and Larimer County. F. Availability 1. Can the Vendor be on-site within the defined service area within one hour of receiving a dispatch call? 2. Does the Vendor have the capability to mobilize additional personal and equipment in the event of a large mitigation need? 3. Is the Vendor located within the defined service area and/or have a storage facility within the service area containing all of the basic required materials for mitigating an event? RFP 8931 Emergency Mitigation Services Page 11 of 23 4. Provide an outline of the your response process from receipt of the dispatch call to completion of mitigation services at an event. 5. Describe the methods and timeline of communication your firm will use with the PFA and other parties on site at a mitigation event. G. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. V. 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. Max. Points Possible Evaluation Criteria and Location in Proposal 15 Summary of Relevant Experience/Qualifications with similar projects 20 Proposed Plan of Execution 5 Key Personnel 5 Employee Retention 5 Sustainability Plan 2 Subcontracting Relationships 10 Contract Administration / Vendor Management 5 Location / Equipment /Response Time 5 Insurance Company Relationships 10 Mitigation Rates 5 Mitigation Methods 3 Penalties for Non-Compliance RFP 8931 Emergency Mitigation Services Page 12 of 23 5 Electronic Surveillance Policy 5 Exception(s) to Agreement Provisions 100 Total Number of Points B. Reference Evaluation Criteria Prior to award, the Project Manager will 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 8931 Emergency Mitigation Services Page 13 of 23 VI. 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. Official Purchasing Document Last updated 10/2017 Services Agreement - PFA Page 14 of 23 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City", as agent, on behalf of the POUDRE FIRE AUTHORITY (PFA), and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page(s), and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 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 and/or PFA, 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 its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City and PFA of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the Official Purchasing Document Last updated 10/2017 Services Agreement - PFA Page 15 of 23 City and/or PFA may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the and/or PFA, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City and/or PFA shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit , consisting of page(s), and incorporated herein by this reference. 8. Designated Representative. The City and/or PFA will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City and/or PFA Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins or the Poudre Fire Authority. The City and/or PFA shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. 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 and/or PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City and/or PFA), 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 and/or PFA, nor will it obligate the City and/or PFA 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 and/or PFA to the same extent as the work of the Service Provider. Official Purchasing Document Last updated 10/2017 Services Agreement - PFA Page 16 of 23 11. Personal Services. It is understood that the City and PFA enter 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 and/or PFA. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City and/or PFA under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City and/or PFA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City and/or PFA -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 and/or PFA 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 and/or PFA. 14. 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. 15. 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. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Official Purchasing Document Last updated 10/2017 Services Agreement - PFA Page 17 of 23 agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City and/or PFA, their 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 and PFA 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 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. 18. 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. 19. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. 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 Official Purchasing Document Last updated 10/2017 Services Agreement - PFA Page 18 of 23 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 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. 21. 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 Services Agreement - PFA Page 19 of 23 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief 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 Services Agreement - PFA Page 20 of 23 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 Services Agreement - PFA Page 21 of 23 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 Services Agreement - PFA Page 22 of 23 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 Services Agreement - PFA Page 23 of 23 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”), as agent, on behalf of the Poudre Fire Authority (the “PFA”) 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 and/or PFA or their 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 and/or PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA 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 and/or PFA). 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 and/or PFA. 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 and/or PFA. 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 and/or PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City and/or PFA, or the City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City and/or PFA 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 and/or PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City and/or PFA 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.