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HomeMy WebLinkAboutRFP - 8231 TOWING SERVICES 2016RFP 8231 Towing Carrier Services 2016 Page 1 of 20 REQUEST FOR PROPOSAL 8231 TOWING CARRIER SERVICES 2016 The City of Fort Collins is requesting proposals from qualified carriers for the safe and efficient removal of abandoned, disabled, seized, damaged, or impounded vehicles from streets and private property throughout Fort Collins. 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), March 2, 2016 and referenced as Proposal No. 8231. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Lieutenant Craig Horton, at (970) 221-6554 or chorton@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Lieutenant Craig Horton, with a copy to Doug Clapp, no later than 5:00 PM our clock on February 19, 2016. 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. 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 8231 Towing Carrier Services 2016 Page 2 of 20 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 standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8231 Towing Carrier Services 2016 Page 3 of 20 REQUEST FOR PROPOSAL 8231 TOWING CARRIER SERVICES 2016 BACKGROUND: In order to provide for the efficient and safe removal of abandoned, disabled, seized, damaged, or impounded vehicles from streets and private property throughout Fort Collins (the "City") will utilize a rotational towing list to request such towing services when needed by Fort Collins Police Services (FCPS) personnel. Participation on the rotational towing list shall be limited to four (4) towing carriers selected under this solicitation. All selected carriers must be able to tow light and medium duty vehicles up to and including single-axle heavy duty trucks and mini- buses. Two (2) of the selected carriers must have the capability to tow tandem axle trucks or full-size buses. SUBMITTALS: The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit five (5) copies of the proposal with the following information: a. Company history and experience in providing towing services, as described in the scope of work. b. The name of the company representative responsible for coordinating with City representatives. c. References from three or more commercial organizations which have used your company for towing services within the last two years, other than agencies of the Fort Collins. d. A description and location for the vehicle storage facility. Proposals should indicate if secure, indoor storage is available. e. Completed Price Proposal. A Uniform Towing Fees Schedule will be prescribed by the City and used by each Service Provider party to this agreement. f. Completed Equipment and Driver Information Sheet. g. Insurance information as specified in Exhibit A. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. Definitions: Service Provider: A firm selected under this Request for Proposal to provide towing services. Towing Carrier: The Service Provider Uniform Towing Fees Schedule: A schedule agreed upon by the City and the Service Provider that delineates the costs and fees to be invoiced by the Service Provider resulting from any work performed by the Service Provider as a function of this agreement. RFP 8231 Towing Carrier Services 2016 Page 4 of 20 Service Provider Receipt of Services: A receipt to be provided by the Service Provider to the owner/operator of a towed vehicle that includes, in such form, design and manner as prescribed by the City, the following information: o The Uniform Towing Fees Schedule indicating which costs and fees were applied for the service provided. o The Fort Collin Police Case Number • The following statements: o “This Towing Service Provider has entered into an Agreement with the City of Fort Collins to provide towing services. The rates charged for this service have been agreed upon by both the City and the Service Provider and are indicated above. Questions or concerns about these services should be directed to the Service Provider.” o “The owner/operator of a vehicle may request, upon immediate payment by cash or credit card, towing of the vehicle to a destination of the owner/operator’s choice where the vehicle can be legally parked or stored, other than the Service Provider’s storage facility location, including any address within the city limits of Fort Collins. This service shall be provided for no additional cost or fee other than mileage.” Approximate mileage fees shall be disclosed to the owner/operator prior to beginning the transport to a location other than the Service Provider’s storage facility location. o “An owner/operator may have reasonable access during regular business hours to a vehicle to retrieve personal items such as keys, wallets, purses, checkbooks, credit cards, infant safety seats, tool and electronics (not including electronic equipment such as stereos that are permanently attached to the vehicle.) The costs associated with reproducing and printing the Service Provider Receipt of Services shall be borne by the Service Provider. TOWING FIRM REQUIREMENTS: Important! Firms with ownership interest in more than one company providing towing services may only submit one proposal for a single towing service company. Proposals from different towing companies with common ownership will not be considered. Scope of Work: 1. The type of towing services required will vary by type of vehicle and type of tow. Automobiles and light to medium duty trucks may be towed using a tilt-bed wrecker or a standard wrecker with underbody or wheel dolly equipment. A tilt-bed wrecker may be specified by the City based on the judgement of the requesting City representative. Wreckers dispatched to tow single-axle, heavy duty trucks and mini-buses must have a GVWR of between 19,501 and 29,999 pounds. Those dispatched to tow tandem-axle trucks and full-size buses must have a GVWR of at least 30,000 pounds. 2. Service Provider shall maintain true and accurate records according to the daily record requirements of CRS Section 42-5-105. Towing shall be done so as to prevent damage to towed vehicles or to minimize further damage to vehicles which are already damaged. 3. The Service Provider shall have a fenced, secure vehicle storage lot and provide reasonable protection (such as secure tarping) for the vehicle when broken windows or open doors expose the vehicle to the environment. Stored vehicles shall not be released until the rightful ownership of the vehicle is established. The City shall not be responsible for RFP 8231 Towing Carrier Services 2016 Page 5 of 20 payment of towing or storage fees for vehicles towed to a storage lot. 4. If the Service Provider cannot be reached at the designated phone number three or more times in a 30-day period, or if the Service Provider fails to respond to a towing request within the time limits established in these Specifications more than three times in a 30-day period, the Service Provider agreement may be terminated. Service Provider shall: 1. Own or lease and operate a fleet of tow vehicles capable of providing towing services as set forth in the bid proposal. Leased vehicles must be in regular use by the Service Provider and have been procured under multi-year operating lease agreements. 2. Make tow vehicles available for inspection by FCPS personnel when requested. 3. Provide towing services, on an as-needed basis, 24 hours a day, seven days a week, 365 days a year. 4. Make all vehicle hook-ups according to manufacturer’s specifications contained in the vehicle “Owner’s Manual” or according to the most current edition of the “AAA Towing Manual”. 5. Have a valid Tow Permit issued by the Colorado Public Utilities Commission and comply with all applicable Federal, State, and local regulations. 6. Provide the City with a single telephone number to be used for requesting towing services 24 hours a day, seven days a week. This phone number must be answered by a person who can dispatch a tow truck and give the requesting City representative an accurate estimated time of arrival (ETA), or schedule towing when immediate service is not being requested. 7. Dispatch tow trucks using radio, cellular phone or other electronic means of communications between the Service Provider’s dispatch and driver. 8. Be at the disabled vehicle location within 30 minutes of receiving a request for towing services, unless the City representative initiating the request authorizes additional time. 9. Immediately, upon receiving a request for tow, advise the City representative if a tow truck cannot be at the disabled vehicle location within 30 minutes so service can be requested by the City from an alternate source. 10. Provide towing using equipment appropriate to the type of vehicle being towed. 11. Ensure that tow company personnel present a neat appearance. Their full name and company name must appear on shirt and jacket. 12. Ensure that company vehicles are kept clean and that the company name is prominently displayed on the vehicle. Company name must match that used in this Agreement. 13. Maintain an adequate facility where vehicles can be safely stored in a fenced, outside enclosure. The owner or manager of the towing carrier must be available to respond to the towing carrier's storage facility when no other employee of the carrier is available at the RFP 8231 Towing Carrier Services 2016 Page 6 of 20 carrier's storage facility during normal business hours. 14. Not release possession of a vehicle, or any property therein, that has been designated as having a "police hold" until authorized by the FCPS. 15. Not release possession of stored vehicles until the rightful ownership or right to legal possession of the vehicle is clearly established. If the vehicle is driven from the towing carrier's premises, the driver must be licensed and sober, and be in possession of current proof of insurance. The towing carrier must agree to waive any lien that the carrier may have against personal property contained in any vehicle towed under this policy including, without limitation, any lien authorized under C.R.S. Section 42-4-1806, including reasonable access during regular business hours to a stored vehicle to retrieve personal items such as keys, wallets, purses, checkbooks, credit cards, infant safety seats, tool and electronics (not including electronic equipment such as stereos that are permanently attached to the vehicle.) Tow Truck Drivers shall: 1. Drive in a normal and prudent manner in compliance of all traffic laws unless otherwise directed by a police officer or community service officer. 2. Cooperate with on-scene police personnel and shall not hook up to any vehicle or clean up any debris until told to do so by the on-scene officer. 3. Accomplish vehicle tows in such a manner as to prevent or minimize any additional damage to the vehicle or other property. 4. Offer the owner/operator of the vehicle, upon immediate payment by cash or credit card, towing of a vehicle to a destination of the owner’s choice where the vehicle can be legally parked or stored, other than the Service Provider’s storage facility location, including any address within the city limits of Fort Collins. This service shall be provided for no additional cost or fee other than mileage. Approximate mileage fees shall be disclosed to the owner prior to beginning the transport to a location other than the Service Provider’s storage facility location. 5. Provide the owner/operator of the towed vehicle with a document containing the following information: a) Tow company storage facility location; b) Company business phone numbers; c) Hours of operation; and d) A copy of the Uniform Towing Fees Schedule, upon which the applicable charges are indicated, including but not limited to: • Tow fee and mileage charge; • Site clean-up, winching, and vehicle dolly fees; and • Non-business hours gate fees, if any. FCPS Personnel will: 1. Call the listed Service Provider number to request towing services. Service Providers will be called in rotation for the towing of vehicles up to 29,999 GVWR. The towing of heavier vehicles will be rotated between the two companies with suitable equipment. RFP 8231 Towing Carrier Services 2016 Page 7 of 20 2. Provide company dispatch personnel with the disabled vehicle type, location, vehicle damage, and any other information pertinent to the requested tow. 3. Assign towing of vehicles to be held for accident investigation or other investigative purposes to the towing company contracted to perform towing of City vehicles. 4. In the case of multiple tows, at the officer’s discretion, designate responsibility for towing a vehicle other than the original dispatch request. General Operating Procedures: 1. The City shall not be responsible for payment of any charges arising from tow requests made on the behalf of private citizens, such as motor vehicle accidents, disabled vehicles, abandoned vehicles, or private property tows. Payment must be arranged with the vehicle driver/owner. 2. Only those towing carriers providing services under this Agreement will be called for the removal of abandoned vehicles. 3. If the FCPS dispatch center receives a no answer or a turn down from a towing carrier called, the call will be considered as a turn in the rotation, and the towing carrier will be rotated to the bottom of the tow list. 4. If the FCPS dispatch center is put on hold for any reason by a towing carrier called, the next towing carrier on the list will be called, and the towing carrier placing the dispatch caller on hold will be rotated to the bottom of the tow list. 5. If the FCPS dispatch center receives a busy signal, they will call the next towing carrier on the list, however, the first carrier called will remain on the top of the tow list. 6. When contacted by FCPS for a tow call, a towing carrier is required to advise dispatch of their estimated response time. If such response time will be longer than 30 minutes, FCPS may call another towing carrier and the first carrier called will be rotated to the bottom of the tow list. 7. If a towing carrier is requested to respond with specific equipment and fails to do so, the carrier will not be used, and will be rotated to the bottom of the tow list. 8. If the on-scene officer feels the towing equipment or operator are not capable of safely handling the call, he/she shall have the right to refuse the towing carrier's service without charge and may call another towing carrier. Such an action will be subject to later review by the FCPS liaison if requested by the towing carrier. Other Requirements: 1. Service Provider shall not solicit the owner of any vehicle towed under this Agreement for repairs to that vehicle, either at the Service Provider's facility or any other repair facility. 2. Service Providers must notify the City Representative when towing equipment is added or deleted from their inventory. 3. Service Provider must obtain a clearance from FCPS for drivers prior to assigning them to RFP 8231 Towing Carrier Services 2016 Page 8 of 20 provide services under this Agreement. Police Services will check all sources of information they deem relevant and appropriate before issuing a clearance. The Service Provider shall provide the City Representative with the following information about each person seeking clearance: • Full name, date of birth, social security number, and valid driver’s license number. 4. No person may tow vehicles under this Agreement if that person has: • An active criminal arrest warrant. • A conviction for any felony, on parole for such felony, or who has been released from custody for such felony within the previous five years. • A conviction, deferred sentence or adjudication for a misdemeanor offense or an offense which would be a misdemeanor as defined by Fort Collins Municipal Code from another jurisdiction, on drug related charges within the previous five years. • A conviction, deferred sentence or adjudication for a misdemeanor offense or an offense which would be a misdemeanor as defined by Fort Collins Municipal Code from another jurisdiction, on non-drug-related charges within the past three years. • The above stated conviction standards apply for tow owners as well as operators. Failure To Comply With Procedures And Requirements: 1. Towing carriers may be terminated with no cure period from providing services under this Agreement for failure to comply with any procedure or requirement of this Agreement or any violation of any Federal, State and local laws, ordinances, rules, or regulations. 2. Any complaints against Service Providers resulting from performance or non-performance specified under this Agreement shall be referred to the FCPS designated liaison. If the FCPS liaison finds the complaint substantiated, he or she may issue a verbal or written warning, terminate a towing carrier from providing services under this Agreement, and/or notify the Colorado Public Utilities Commission of the complaint. The FCPS Liaison for this Agreement is the current Patrol Division Administrative Lieutenant.. RFP 8231 Towing Carrier Services 2016 Page 9 of 20 Price Proposal: 8231 TOWING CARRIER SERVICES 2016 Towed Vehicle Type Towing Equipment Price per Hookup Price per Loaded Mile Motorcycle Std Wrecker or Tilt Bed $ _______ each $ _______ /mile Car, Van, SUV, Truck to 11,000 GVWR Std Wrecker or Tilt-Bed 10,000 - 19,500 GVWR $ _______ each $ _______ / mile Truck, Single Axle, over 11,000 GVWR, or Mini Bus Wrecker or Tilt-Bed 19,501 - 29,999 GVWR $ _______ each $ _______ / mile Truck, Tandem Axle, or Full-size Bus Wrecker or Tilt-Bed Over 30,000 GVWR $ _______ each $ _______ / mile Misc. Charges Description Cost Dolly Fee As required, enter cost in addition to hookup fee $ _______ Hourly Labor Rate To be used in calculating all additional labor costs, $ _______ / hour Winching Rate Charged in 15 minute increments, after the first 15 min. which is considered part of the hook-up fee. $_______ / 15 min. Service Charge For vehicle release after normal business hours $ _______ Storage Fee (outside) Fee charged per day, week, and month $_______ day $_______ week $_______ month Other Services Enter Description below: Enter cost below: Signature: Printed: Company: Title: Address: City, State, Zip: Phone: Email: RFP 8231 Towing Carrier Services 2016 Page 10 of 20 Equipment and Driver Information Sheet: 8231 TOWING CARRIER SERVICES 2016 Equipment List: List all vehicles which will be used for towing. For leased vehicles, if any, provide details of the lease agreement on a separate sheet. Make Model Year GVWR Type: Wrecker, HD Wrecker, Tilt-Bed Wrecker, Trailer Driver List: Provide information on all drivers who will be providing services under this bid. Full Name Date of Birth SSN Driver’s License # It is the Service Provider’s responsibility to notify the City Representative in writing of changes or additions to Equipment and to obtain clearance for new drivers prior to assigning them to City towing. RFP 8231 Towing Carrier Services 2016 Page 11 of 20 METHOD OF AWARD: This bid will be awarded to four vendors. An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. Some or all of the four awards may be made based solely on an evaluation of written proposals. If necessary, in order to complete any awards not made on the basis of written proposals, firms may be selected for further evaluation via interviews. Such interviews shall be evaluated using the same criteria and rating method. 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? 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- RFP 8231 Towing Carrier Services 2016 Page 12 of 20 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.” Towing Services Agreement Awarded vendor must enter into a Services Agreement with the City (sample attached). RFP 8231 Towing Carrier Services 2016 Page 13 of 20 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 "B", 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 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 RFP 8231 Towing Carrier Services 2016 Page 14 of 20 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, ($ ) as 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 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 RFP 8231 Towing Carrier Services 2016 Page 15 of 20 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, heirs, personal representatives, successors and assigns of said parties. 17. Indemnity/Insurance. RFP 8231 Towing Carrier Services 2016 Page 16 of 20 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 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. RFP 8231 Towing Carrier Services 2016 Page 17 of 20 c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 8231 Towing Carrier Services 2016 Page 18 of 20 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 8231 Towing Carrier Services 2016 Page 19 of 20 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 8231 Towing Carrier Services 2016 Page 20 of 20 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.