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HomeMy WebLinkAboutRFP - 8116 PFA & CITY RESTORATION SERVICESRFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 1 of 25 REQUEST FOR PROPOSAL (RFP) 8116 PFA AND CITY EMERGENCY RESTORATION 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 restoration 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 hard copy proposals instead, five (5) copies will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), May 11, 2015 and referenced as Proposal No. 8116. 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. 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 project should be directed to the Project Manager, Ralph Kettle, 970-227-3566, email: rkettle@poudre-fire.org. Questions regarding proposal submittal or process should be directed to Jill Wilson, Buyer, 970- 221-6216, email: jwilson@fcgov.com. The deadline for submitting questions is on May 1, 2015 no later than 5:00 PM (our clock). Please submit your questions via email to the Project Manager, Ralph Kettle, with a copy to Jill Wilson. Responses to all questions submitted will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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. 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- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 2 of 25 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. 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 Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 3 of 25 REQUEST FOR PROPOSAL (RFP) 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES I. INTRODUCTION 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 restoration services for businesses and homes or properties, after an emergency response to prevent further damage or loss. The selected Service Provider will furnish all labor, materials, and equipment to safely and efficiently provide emergency restoration 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 restoration services. The benefit for the selected Service Provider is the potential to generate contracting jobs with property owners. The selected Service Provider 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 Exhibit “A”- Sample Services Agreement, consisting of fourteen (14) pages and incorporated herein by reference. The City and/or PFA reserve the right to include additional terms and conditions in the Agreement as deemed necessary. The City and PFA anticipate the following Scope of Services shall be incorporated into the Agreement. II. SCOPE OF SERVICES A. Work Specifications and General Requirements 1. PFA and/or the City will call the selected Service Provider when service is required. The Service Provider 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 Service Provider is to only seek reimbursement for emergency restoration services directly from insurance companies at reasonably prevailing market rates. The Service Provider will not seek reimbursement from non- insured occupants and will provide emergency services regardless of the occupant’s insurance coverage/status. Service Provider will be required to observe a twenty four (24) hour waiting period from time of notification before contracting with the home or business owner for additional restoration services. 3. Required services are to be provided within one hour from the time of dispatch. Calls for assistance must be answered live or returned within five (5) minutes. 4. Service Provider must have a valid Contractor’s License to conduct business in Fort Collins, Timnath, LaPorte and Larimer County. 5. Service Provider 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. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 4 of 25 6. Service Provider must respond to notification first by a confirming phone call within five (5) minutes to PFA and/or the City, and arrival on the scene by qualified restoration staff within sixty (60) minutes. Service Provider must make any additional services available in a timely manner; such as, but not limited to, arranging for heavy equipment to be delivered to the scene, as required by PFA and/or the City. 7. Work completed is subject to final inspection/certification by the appropriate agency (i.e., PFA, City, County, State Health, etc.) having oversight for compliance. 8. Only those building openings as directed by PFA and/or the City will be secured. 9. Service Provider, when providing a service which has been ordered, shall report to PFA and/or the City any condition which may require additional services to safely secure the building, in the event the building is deemed structurally unsafe. 10. Service Provider must keep a ready supply of materials for twenty four (24) hour response needs. Materials required for emergency restoration 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. 11. Service Provider 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. 12. 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. 13. 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, Service Provider 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. 14. Service Provider 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. 15. There is no guarantee to Service Provider 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. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 5 of 25 16. All Service Provider responders shall display company identification and name badges and include company name on panels or fixtures affixed to the property being restored. 17. Service Provider 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: Service Provider 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 Service Provider 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 Service Provider 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 Service Provider 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 Service Provider 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 Service Provider 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 Service Provider 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 Service Provider acknowledges and agrees that certain services provided by the Service Provider will require that employees and agents of the Service Provider act in positions of trust which may entail the handling of City property and direct contact with members of the general public. Accordingly, the Service Provider agrees that all employees and other representatives or agents of the Service Provider shall be screened using the City’s contractual background screening procedure, with such costs associated with said screenings to be fully paid by the Service Provider. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 6 of 25 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 Service Provider's waste materials in the City's containers is prohibited unless prior written permission by the City has been granted. 7. OSHA GUIDELINES: The Service Provider shall be familiar with, and operate within, the guidelines as set forth by the Occupational Safety and Health Act (OSHA). 8. VENDOR EQUIPMENT: For all operations requiring the placement and movement of the Service Provider's equipment, Service Provider 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. III. SERVICE BOUNDRIES 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. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 7 of 25 IV. SUBMITTAL REQUIREMENTS Submittals must specifically address each of the items that are listed below. The quality and detail of responses will figure significantly in the overall evaluation of the submittal. Vendors are encouraged to give examples and provide additional information to support their compliance on each point. To standardize the format of all submittals, vendors are required to respond to all questions in the order given below, list the item number and restate the question prior to providing an answer. A. VENDOR QUESTIONNAIRE 1. Describe your relevant experience with the planning, organization, and implementation of restoration 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.  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.  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. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 8 of 25  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 restoration 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. Describe why these individuals are the best personnel for PFA and the City’s requirements. 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 restoration 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 have set up in responding to this request. Identify those segments of work that are subcontracted. How will you maintain and monitor your relationship with any subcontractors that you have identified as being a part of this response? 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. In lieu of such a visit, please identify the following:  Location of office or dispatch center.  Locations from which your personnel will be responding.  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 restoration 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? RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 9 of 25 9. Define your process for working with insurance companies for emergency restoration activities. 10. Provide standard restoration rates that are reimbursable through insurance companies. 11. Provide a description of your restoration 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)? B. REFERENCES List of three (3) references, with whom the Project Manager can contact, from organizations in which services of similar scope have been provided by the proposing Service Provider within the last two (2) years. Include the name and address of each referenced company, as well as the name, title, email and phone number of the contact person. C. CONTRACTOR LICENSE Attach copies of your Contractor’s License(s) to conduct business in Fort Collins, Timnath, LaPorte and Larimer County. V. PROPOSAL GUIDELINES The City and PFA assumes no responsibility for liability for any costs vendors may incur in responding to this RFP; including attending meetings, interview sessions, site visits and/or contract negotiations. Proposals shall not exceed thirty five (35) pages (regardless of the text equivalency), excluding contractor licenses. The City reserves the right to reject any proposal exceeding these limits or that are deemed illegible or too difficult to read. The City and PFA reserve the right to negotiate the final terms of the Agreement. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City and PFA. It is intended that the vendor shall conform to the Scope of Services. Any deviations from the Scope of Services must be clearly identified and explained separately in the proposal. VI. ENVIRONMENTALLY PREFERABLE PURCHASING (EPP) GUIDANCE AND PROHIBITIONS RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 10 of 25 The City defines environmentally preferable products and services as having a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. The City’s EPP evaluation may extend to raw materials acquisition, energy consumption in manufacturing and transport, packaging, recycling, waste disposal, and many other factors. Service Providers, when applicable, are to follow standards and recommendations of the United States Environmental Protection Agency EPP program, the Green Seal organization, and standards and practices specified by the U.S. Green Building Council, including the Leadership in Energy and Environmental Design (LEED) program. VII. REVIEW AND ASSESSMENT: Vendors will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview sessions. The City may, at its option, choose the highest ranked vendor based solely on written proposals. Max. Points Possible Evaluation Criteria and Location in proposal 15 1. Summary of Relevant Experience/Qualifications with similar projects (IV.A.1) 20 2. Proposed Plan of Execution / Includes Environmental & EPP (IV.A.2) 5 3. Key Personnel (IV.A.3) 5 4. Employee Retention (IV.A.4) 5 5. Sustainability Plan (IV.A.5) 2 6. Subcontracting Relationships (IV.A.6) 10 7. Contract Administration / Vendor Management (IV.A.7) 5 8. Location / Equipment /Response Time (IV.A.8) 5 9. Insurance Company Relationships (IV.A.9) 10 10. Restoration Rates (IV.A.10) 5 11. Restoration Methods (IV.A.11) 3 12. Penalties for Non-Compliance (IV.A.12) 5 13. Electronic Surveillance Policy (IV.A.13) 5 14. Exception(s) to Agreement Provisions (IV.A.14) 100 Total Number of Points RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 11 of 25 VIII. REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this vendor again? Did they show the skills required for this project? Timetable Was the original Scope of Services 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? Job Knowledge Did vendor meet the Scope of Services? Was the project properly completed? Were problems corrected quickly and effectively? RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 12 of 25 EXHIBIT A SAMPLE SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) 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 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. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City 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. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City and PFA of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City 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: City of Fort Collins Attn: Purchasing Dept. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 13 of 25 102 Remington Street Fort Collins, CO 80524 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. 5. 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 , and incorporated herein by this reference. 6. City 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. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins or the PFA. 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. 8. 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. 9. 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. 10. 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 RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 14 of 25 the City and/or PFA under this Agreement or cause of action arising out of performance of this Agreement. 11. 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. 12. 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. 13. 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. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. 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, RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 15 of 25 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 Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Service Provider Personnel. Service Provider shall control the conduct and demeanor of its agents and employees. The Service Provider agrees to provide to the City and/or PFA, at all times, a current list of employees, volunteers and other representatives or agents of Service Provider that will be working on behalf of Service Provider in providing services to the City and PFA under this Agreement. The Service Provider and the City and/or PFA acknowledge and agree that certain services provided by Service Provider will require that employees and volunteers of Service Provider act in positions of trust which may entail the handling of City property, or direct contact with members of the general public. Accordingly, Service Provider agrees that all employees, volunteers, and other representatives or agents of the Service Provider in positions of trust, as described in Exhibit “ ”, consisting of two (2) pages, attached hereto and incorporated herein by this reference, shall be screened using the background screening procedure described on Exhibit , and that the results of such background screening shall be provided to the City prior to any such persons participation in the provision of services hereunder. The Service Provider shall require the completion and execution of the Disclosure Form, attached hereto as Exhibit “ ”, consisting of three (3) pages and incorporated herein by this reference, and shall provide to the employee/volunteer the Summary of Rights under the Fair Credit Reporting Act, included as part of Exhibit . The City and/or PFA may provide assistance in completing the background investigation, including providing information from the completed disclosure form to an outside vendor for a confidential records check. Service Provider acknowledges that in such event, by providing such assistance to Service Provider, the City and/or PFA assumes no responsibility for the timeliness, accuracy or completeness of the background investigation, or for the direct or indirect consequences resulting from the same, and Service Provider shall hold the City and/or PFA harmless for any injury or loss resulting therefrom. In the event that a background check, or any other information available to the Service RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 16 of 25 Provider or the City and/or PFA, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement, or in a manner that would permit contact by that person with the funds, equipment, property associated with the provision of services hereunder, or persons participating in programs or services provided under this Agreement. Upon objection from the City and/or PFA concerning trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, or concerning conduct, demeanor or competence of any employee or volunteer of Service Provider, the Service Provider shall immediately take all lawful steps to remove the cause of the objection or to remove such individual from the performance of any services provided hereunder. If the City and/or PFA so requests, Service Provider agrees to supply and require its employees to wear suitable attire and to wear or carry badges or other suitable means of identification, the form for which shall be subject to prior and continuing approval of the City and/or PFA. 17. 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. 18. 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. 19. 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 RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 17 of 25 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. 20. 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 ( ) pages, attached hereto and incorporated herein by this reference. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 18 of 25 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE (Corporate President or Vice President) Date:_____________________________ RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 19 of 25 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. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 20 of 25 EXHIBIT Policy: Service Provider Personnel Conduct and Demeanor, and Background Screening for Positions of Trust. Under the terms and conditions of this Agreement with the City and PFA, Service Provider shall control the conduct and demeanor of their employees, volunteers, and other representatives or agents of the Service Provider that will be working on behalf of the Service Provider in providing services to the City and PFA. The Service Provider agrees to provide to the City and PFA, at all times, a current list of employees, volunteers, and other representatives or agents of Service Provider that will be working on behalf of the Service Provider in providing services to the City and PFA under this Agreement, and that all such employees, volunteers, and other representatives or agents of Service Provider agree to adhere to the “Behavior/Standards of Personal Conduct and Performance.” Service Provider, the City and PFA also hereby acknowledge and agree that certain services provided by the Service Provider will require that specified employees, volunteers, and other representatives or agents of the Service Provider act in “positions of trust” which can include the handling of City property, or direct contact with youth and members of the general public. Accordingly, Service Provider agrees that all specified employees, volunteers, or other representatives or agents of Service Provider in positions of trust shall be screened/investigated at the expense of the Service Provider using the City’s contracted background screening/investigation procedure as described in the Agreement; and that the results of such background screening/investigation shall be provided to the City and/or PFA prior to any such persons participation in the provision of services, as described in the Agreement. Service Provider shall require the completion and execution of the Disclosure form for all specified employees, volunteers, and other representatives or agents of Service Provider. The purpose of this form is to provide the necessary information about an applicant and permission to review confidential information for a complete and thorough background screening/investigation. The Service Provider shall provide to all said employees, volunteers, and other representatives or agents a Summary of Rights under the Fair Credit Reporting Act. The background screening/investigation shall include, but is not necessarily limited to, checking arrests and/or conviction records, driving records, credit history, education, previous employment and volunteer work and other records as may be appropriate, and references, including review of any records of information available to the City and PFA as a result of past employment or contractual relationships the employee, volunteer, or other representative or agent has had with the Service Provider or the City and/or PFA. The City and/or PFA will provide assistance in completing the background screening/investigation, including providing the completed Disclosure form to an outside vendor for a confidential records check. Service Provider acknowledges that by providing such assistance the City and PFA assumes no responsibility for the timeliness, accuracy or completeness of the background screening/investigation, or for the direct or indirect consequences resulting from the same, and the Service Provider shall hold the City and PFA harmless for any injury or loss resulting therefrom. The City and/or PFA may, at its discretion, object to any assignments of Service Provider Personnel to positions of trust, as based upon the background screening/investigation. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to potential employment/volunteer/representative/agent status, before RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 21 of 25 making the adverse decision, the City and/or PFA will attempt to provide Service Provider with a copy of the consumer report/criminal history. Service Provider’s Process for Obtaining Background Screening/Investigation Information: 1.Once an employee, volunteer, other representative or agent has been selected by the Service Provider, the employee, volunteer, other representative or agent (applicant) shall complete the background screening/investigation form, which is titled “DISCLOSURE TO EMPLOYEE/VOLUNTEER REGARDING PROCUREMENT OF A CONSUMER REPORT (INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW)”. 2.When the employee, volunteer, other representative or agent (applicant) has completed and signed the form, the Service Provider shall initial and date the bottom of the form, giving the bottom copy of the form to the applicant. The Service Provider shall also give to the applicant at this time a summary of his/her rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act also imposes requirements and procedures related to any adverse decisions based upon credit information. 3.The Service Provider keeps one copy of the form and forwards the original signed copy of the form to the City and/or PFA. Once the information is entered, it takes three to four days for the City’s contracted background screening/investigation firm to perform their service. 4.Because of the large number of applicants being screened using this similar process, there shall be no notification to the Service Provider unless an applicant receives a negative report within four days from the time that the information is entered. Therefore, the applicant may begin assignment for the Service Provider after four days unless the Service Provider is notified otherwise. However, be aware that it is possible that a negative report can be received after four days, and the situation will be addressed at that time. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 22 of 25 EXHIBIT DISCLOSURE TO EMPLOYEE/VOLUNTEER REGARDING PROCUREMENT OF A CONSUMER REPORT (INCLUDING CRIMINAL HISTORY REPORT AND EMPLOYMENT HISTORY REVIEW) In connection with your status as a prospective employee, volunteer, or other representative or agent of the Service Provider, Service Provider and the City of Fort Collins (City), and/or Poudre Fire Authority (PFA), may procure a consumer report/criminal history on you as part of the process of considering your candidacy for said status. The investigation conducted in conjunction with the report may include an investigation of your personal employment/volunteer history, education, financial, and credit records, public records concerning your driving record, civil and criminal court records, county, state, and Federal tax liens, notices of default and bankruptcies, and other records as may be appropriate. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to your potential employment/volunteer/representative/agent status, before making the adverse decision, the City and/or PFA and the Service Provider will attempt to provide you and the Service Provider with a copy of the consumer report/criminal history and a description in writing of your rights under the Federal Fair Credit Reporting Act. The Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. A copy of A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT is attached to this document. By your signature below, you hereby authorize the Service Provider and/or the City to obtain a consumer report and/or an investigative report about you in order to consider your status as a prospective employee, volunteer, or other representative or agent for the Service Provider. Applicant's Name: ______________________________________________________ (Please Print) Date of Birth: _______________ Social Security #:_______________________ Applicant's Address: _____________________City/State/Zip:___________________________ Signature:_____________________________ Signature of Parent or Guardian (if applicant is under age 18): __________________________ Other Names Used in the Last Seven (7) Years: ____________________________________ ___________________________________________________________________________ Previous Out-of-State Address(es) in the Past Seven (7) Years: 1.__________________________________________________________________________ Address ___________________________________________________________________________ City State Zip 2.__________________________________________________________________________ Address ____________________________________________________________________________ City State Zip Please list any additional addresses on the back of this page. Give this disclosure with a copy of A Summary of Rights Under the Fair Credit Reporting Act to applicant. Retain a copy of the release for your records, and provide a copy of the release to the City of Fort Collins. RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 23 of 25 A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 24 of 25 RFP- 8116 PFA AND CITY EMERGENCY RESTORATION SERVICES Page 25 of 25 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.