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HomeMy WebLinkAboutRFP - 8149 GREASE INTERCEPTOR INSPECTIONSRFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 1 of 22 REQUEST FOR PROPOSAL 8149 GREASE INTERCEPTOR INSPECTIONS The City of Fort Collins is requesting proposals from qualified firms and/or individual(s) to provide regular grease interceptor inspections and follow-up inspections as needed. 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 must be received before 3:00 p.m. (our clock), September 15, 2015 and referenced as Proposal No. 8149. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions regarding bid submittal or process should be directed to Pat Johnson, Senior Buyer at 970-221-681 or pjohnson@fcgov.com. All questions must be submitted in writing via email, no later than 5:00 PM our clock on September 8, 2015. Questions received after this deadline will not be answered. 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. 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- 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 8149 GREASE INTERCEPTOR INSPECTIONS Page 2 of 22 making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 3 of 22 I. PROJECT INFORMATION 1. PURPOSE The City of Fort Collins is requesting proposals from qualified firms and/or individual(s) to provide regular grease interceptor inspections and follow-up inspections as needed. 2. BACKGROUND Currently, there are 239 facilities being inspected twice a year, with that number increasing gradually due to new facilities being added. All facilities are within the city limits of Fort Collins. The grease interceptors are primarily located at restaurants, but inspections will also be performed at hospitals, hotels, and retirement/nursing homes, etc. In 2014 approximately 600 inspections were performed. This includes follow up inspections for failures and the “accelerated” inspection schedule for businesses with a history of noncompliance. 3. SCOPE OF SERVICES A. SCOPE OF WORK 1. Perform regular grease interceptor inspections and follow-up inspections as needed. The company shall develop an inspection scheduling program based on semi-annual inspections for installations and more frequent inspections for those locations with a history of violations or problems as determined by City staff. Inspections occur on a quarterly basis; all interceptors are inspected a minimum of twice per year. An interceptor which fails will be inspected again the following quarter (up to four times per year). Inspections consist of: a. Introduce themselves to manager/owner and describe what they are there to do if the business is open b. Opening both the primary and secondary chamber by removing manhole cover (smaller grease traps may be under-the-sink interior units and not require removing a manhole cover) c. Use a measurement tool to take a core sample d. Determine percentage of Fats, Oils and Grease (FOG) and solids e. Record measurements and calculate percentage to determine pass/fail f. Replace manhole cover and leave area in same or better condition g. Discuss results with manager/owner, providing them in writing h. Discuss City rules and regulations with manager, if necessary The awarded Consultant’s inspector will need to be able to handle themselves well as they are representing the City and personnel at the business may not be appreciative of the process and the results. 2. As new grease interceptors are discovered or built, provide to the City an updated listing of all grease interceptors that are known in the Ft. Collins Utilities Service Area. The inspector will also be required to meet with the business owner and discuss the program, Best Management Practices (BMPs) and answer questions. 3. Provide an alphabetical list of registered company names and phone numbers that currently provide grease pumping services in Fort Collins to grease RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 4 of 22 interceptor owners upon request. This list must be verified and updated at least annually. B. DELIVERABLES 1. One time drawing of each restaurant or designated site with the location of the grease interceptor for all new grease interceptor installations. 2. Notice of inspection (verbal) to business representative where possible. 3. Written Pass/Fail Notice to Owner. 4. Summary of Inspections to the City on a weekly basis. 5. Updated Master List of grease interceptors with each installation. 6. Quarterly report of inspections performed, including the amount of fats, oils and grease (FOG)/solids in each interceptor (both primary and secondary chambers) 7. Current list of pumping companies. 8. Provide City with written documentation of criteria used to pass/fail inspections. C. RESTRICTIONS The company shall not provide grease interceptor cleaning, pumping, or treatment services or products, for any interceptors they have inspected and shall not recommend any one company over another to provide those services. D. QUALIFICATIONS Consultants shall provide samples of the documents from previous work with deliverables similar to those requested in the Scope of Work, above. Consultants must provide a narrative describing the role of each key individual in their firm’s organization that will be actively involved in the performance of the services requested herein. E. PERSONNEL This work involves a lot of public contact in potentially contentious situations. The selected firm will be representing the City and must have a high level of professionalism when dealing with the public. There is also considerable education and outreach involved while performing the work. The City of Fort Collins reserves the right to interview and select the individuals assigned by Consultant to perform work hereunder. Any change to personnel assigned to the Fort Collins program require prior written approval before implementation of any change. F. Standard OF CONDUCT The successful firm shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The personal conduct of the Consultant and its staff has a direct impact on the quality of performance. Unacceptable personal conduct/behavior by the Consultant, as defined, may result in immediate or early termination of the Agreement, as also defined. RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 5 of 22 The City may request the successful firm to immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. (3) Theft, vandalism, immoral conduct or any other criminal action. (4) Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City. Agents and employees of Consultant working for the City shall present a clean and neat appearance. Prior to performing any work for the City, the Consultant shall require each of their employees to wear ID badges or uniforms identifying the following items: the Consultant by name, the first name of their employee and a photograph of their employee if using an ID badge. Their employee shall wear or attach the ID badge to the outer garments at all times. G. BACKGROUND CHECKS Consultants and the City acknowledge and agree that services provided by the Consultant will require employees and other representatives or agents of the Consultant act in “positions of trust” which can include direct contact with members of the general public. Accordingly, each Consultant agrees that all employees or other representatives or agents of Consultant shall be screened/investigated at the expense of the Consultant using the City’s contracted background screening/investigation procedure or a reputable firm outside the City; and that the results of such background screening/investigation shall be provided to the City prior to any such persons participation in the provision of services. The City may deny clearance to any person who: • Has an active criminal arrest warrant; • Has a felony arrest or conviction; • Has a drug-related misdemeanor or drug-related petty offensive conviction • Has a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years; • Is a suspect in an active criminal investigation; • Was previously terminated from employment by the City of Fort Collins; • Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. H. ITEMIZED QUARTERLYBILLINGS All submittals for payment shall be submitted in an itemized format on a quarterly basis with a copy to the Water Reclamation and Biosolids Technical Services Supervisor. I. COST Provide cost based on a semi-annual inspection plus an estimated amount per additional “accelerated” inspections. RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 6 of 22 J. PROJECT SCHEDULE RFP Schedule • Issuance of RFP August 28, 2015 • Vendor Question deadline September 8, 2015 • RFP Proposals Due September 15, 2015 • Notice of Short List September 21, 2015 • Interviews September 29 or 30, 2015 * RFP dates are tentative and subject to change. K. INTERVIEWS In addition to submitting a written proposal, finalists may be interviewed by the City of Fort Collins and asked to do an oral presentation about their company and approach to the project. L. FEES, TRAVEL & EXPENSES Consultant shall include a current fee schedule including any mark-ups. A fee schedule for sub-consultants, if used, shall be included. Consultants are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the attached Exhibit C Fort Collins Expense Guidelines. M. USE OF SUB-CONSULTANTS/PARTNERS There may be areas for use of sub-consultants or partners from the award of this RFP. Consultants will be responsible for identifying the sub-consultants necessary during the scope of work negotiation. Please keep in mind that the City will contract solely with the Consultant, therefore sub-consultants/partners remain the sole responsibility of the Consultant. N. LENGTH OF PROPOSALS Limit the total length of your proposal to a maximum of 25 pages (8.5 x 11” only) (excluding covers, table of contents, dividers, sustainability response and proposal acknowledgement form). The Director of Purchasing may reject proposals received that are longer than 25 pages in length. All information packages will be public record and firms shall include no confidential or proprietary information. O. REFERENCES Consultant firms must provide a list of references for a minimum of three (3) municipalities for whom the proposing firm has managed and administered the municipality’s Grease Interceptor Inspection Program. Included shall be the contact names and titles, name of municipality, telephone numbers, email and mailing address of each reference. RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 7 of 22 P. AWARD The intent of the City of Fort Collins Utilities is to award contracts to one qualified consultant for Grease Interceptor Inspection Services. The selected consultants may be retained by the City of Fort Collins Utilities annually for up to five years to provide studies, surveying and documentation for projects as they are required. II. PROPOSAL SUBMITTAL Qualified Consultants who are interested in performing the work described in this request for proposals should submit relevant information about their offerings. Responses should contain the following information at a minimum: A. 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. B. CONSULTANT INFORMATION AND FIRM CAPABILITY 1. Provide contact information for the Consultant including the primary contact name and title, mailing address, phone number, and email address. Complete the attached Exhibit A - Proposal Acknowledgment Form. 2. Describe the Consultant’s business and background, including the size, location, capacity, type of firm, details about ownership and year established. 3. Describe the Consultant’s structure, including an organizational chart of all management and technical staff to be involved with the City. Identify the primary contact person and roles of each staff member. 4. Provide your firm’s qualifications to perform the services described above. Include a written description of the firm’s practices to educate the businesses inspected and enhance compliance. 5. Provide a short explanation of Consultant experiences dealing with similar work. Include detail about two situations in which employees have dealt with difficult business owners/representatives. 6. There may be areas for use of sub-consultants in this project. If you are utilizing this approach, your proposal must list the sub-consultant firm for this contract, their area(s) of expertise, and include all other applicable information herein requested for each sub-consultant. Provide examples of at least two projects where you’ve worked with the sub-consultants. 7. List similar projects completed over the past 5 years by key members of your proposed team, including sub-consultants. Include the owner’s name, title of project, beginning price, ending price, sub-consultants on the team and a brief description of the work and any change orders. 8. Provide references from at least three other projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project. References contained in Consultant’s submittal are an intricate part of consultant’s qualifications. References must be accurate. The Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 8 of 22 with any information they give. Include current contact name, current telephone number and email address. 9. Describe your company’s quality assurance and/or internal audit procedures and programs. C. SCOPE OF PROPOSAL 1. Provide a detailed narrative of the services your firm proposes to provide if awarded the contract. The narrative should include any options that may be beneficial for Utilities to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager. 4. Include a description of the software and other analysis tools to be used. 5. Identify what portion of work, if any, may be sub-contracted. 6. Provide copies of sample reports that are available. D. AVAILABILITY Describe the availability of project personnel to participate in this project in the context of the Consultant firm’s other commitments. E. SUSTAINABILITY/TBL METHODOLOGY 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.. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace, see below in Section IV: Review and Assessment for additional information. F. COST AND WORK HOURS 1. Fee Schedules for Consultant and sub-consultants shall be provided without additional terms and conditions listed. 2. Provide a list of what the City will be charged for and which are included in the cost. Items such as: a. Consultant internal meetings charged to the City b. Preparation for reports c. Administrative fees d. Documentation e. Reimbursables f. Mark-ups 3. Travel Expenses shall be per the Fort Collins’ Expense Guidelines, attached as Exhibit E. Additional travel expenses shall be detailed in the submittal if the City will be invoiced for them. 4. Provide a copy of a recent invoice for a current customer. The City is interested in seeing the detail that will be submitted. RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 9 of 22 G. ASSIGNED PERSONNEL 1. Provide individual references for key personnel proposed to work under this agreement from three other projects with similar requirements that have been completed within the past five years. References contained in Consultant’s submittal are an intricate part of consultant’s qualifications. References must be accurate. The Consultant authorizes City to verify any and all information contained in the Consultant’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. 2. Submit qualifications and detailed resumes of individuals proposed to fill key positions highlighting similar experience. The commitment of key staff is critical to the City of Fort Collins and the success of this project. Please limit resumes to one-half page. 3. Some functions of this project may require the use of sub-consultants. Provide resumes for sub-consultant’s key personnel. Provide examples of at least two projects where key personnel from sub-consultants have been part of your project team. Please limit resumes to one-half page. H. ADDITIONAL INFORMATION Provide any information that distinguishes Consultant from its competition and any additional information applicable to this RFP that might be valuable in assessing Consultant’s proposal. Explain any concerns Consultant may have in maintaining objectivity in recommending the best solution for Utilities. All potential conflicts of interest must be disclosed. III. REVIEW AND ASSESSMENT Professional firms 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 firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 10 of 22 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” IV. REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 11 of 22 Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 12 of 22 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby makes the following representations to Utilities: 1. All of the statements and representations made in this proposal are true to the best of the Consultant’s knowledge and belief. 2. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. 3. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. 4. I further agree that the method of award is acceptable to my company. 5. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. 6. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. 7. I acknowledge receipt of addenda. Consultant Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 13 of 22 V. SAMPLE SERVICES AGREEMENT 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" 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. 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 " ", consisting of ( ) page , 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 , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. 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 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 RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 14 of 22 City 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: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the 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 shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 8. City Representative. The City 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 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. The City 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, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 11. Personal Services. It is understood that the City enters into the Agreement based on the RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 15 of 22 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. 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 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. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 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 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, RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 16 of 22 heirs, personal representatives, successors and assigns of said parties. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's 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. 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 employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 17 of 22 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 ofreceiving 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. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 18 of 22 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 19 of 22 EXHIBIT C 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 8149 GREASE INTERCEPTOR INSPECTIONS Page 20 of 22 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 21 of 22 EXHIBIT E Fort Collins Expense Guidelines: Lodging, Per Diem Meals and Incidentals and Other expenses: May 1, 2015 Fort Collins Policy: Lodging:  Hotels will be reimbursed at $98/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation.  Hotel taxes do not count to the $98 limit, i.e. the rate is $98 plus applicable taxes.  Receipts are to be provided.  Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.  Daily rate: $56  Travel Days rate: 75% of $56 = $42 Vehicle Expenses:  All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower.  If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The most direct route is the standard for determining total mileage.  Mileage for 2 wheel drive vehicles will be at the current rate found at www.gsa.gov. The rate for 2015 is $0.575.  Mileage for 4 wheel drive vehicles will be $0.78. Extra Ordinary Cost  Prior authorization required. Expenses Not Allowed  Liquor, movies, or entertainment (including in-room movies);  Sporting events;  Laundry, dry-cleaning or shoe repair;  Personal phone calls, including connection and long-distance fees;  Computer connections (unless required for City business);  Other personal expenses not directly related to City business;  Convenience charges;  Rescheduling Airline Charges not related to City requirements.  Excessive meal tip amounts generally over 20%;  Delivery fees shall not exceed 10% of the total bill, if not already included;  Hotel Cleaning Tips;  Extra Baggage for one day trips;  Air Travel (when local);  Items that are supplied by the City. RFP 8149 GREASE INTERCEPTOR INSPECTIONS Page 22 of 22 Time Frame for Reporting  Per contract (every 30 days). Reference: The Federal GSA guidelines for Fort Collins are $98/day for hotel and $56 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by:  Breakfast: $9  Lunch: $13  Dinner: $29  Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $42 for Fort Collins.