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HomeMy WebLinkAboutRFP - 8337 GENERAL ABATEMENT CONTRACTOR (3)RFP 8337 General Abatement Contractor Page 1 of 20 REQUEST FOR PROPOSAL 8337 GENERAL ABATEMENT CONTRACTOR The City of Fort Collins is requesting proposals from qualified firms for on-call General Abatement Contractor (GAC) services. The GAC shall be qualified and capable to abate materials containing, asbestos, lead and other identified regulated materials (i.e. fluorescent light ballasts, fluorescent lighting bulbs, mercury switches, exit signs, etc.). The contractor shall supply all the supervision, labor, equipment, materials, and services required to perform the abatement as directed by the City. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), July 28, 2016 and referenced as Proposal No. 8337. 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. A pre-proposal conference with representatives of prospective Bidders will be held at 10:00am, on July 18, 2016, in Operation Services Conference Room # 1, 300 Laporte Ave., Fort Collins. Questions concerning the scope of the bid should be directed to Project Manager, Nick Jovene, at (970) 221-6533 or njovene@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6777 or dclapp@fcgov.com . All questions must be submitted in writing via email to Nick Jovene , with a copy to Doug Clapp, no later than 5:00 PM our clock on July 20, 2016. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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 8337 General Abatement Contractor Page 2 of 20 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- 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 Services Agreement – Work Order type attached to this Request for Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8337 General Abatement Contractor Page 3 of 20 8337 GENERAL ABATEMENT CONTRACTOR ON-CALL OVERVIEW The City of Fort Collins (the City) is requesting proposals from qualified Contractors for on-call General Abatement Contractor (GAC) services. The GAC shall be qualified and capable to abate materials containing, asbestos, lead, and other identified regulated materials (i.e. fluorescent light ballasts, fluorescent lighting bulbs, mercury switches, exit signs, etc.). The contractor shall supply all the supervision, labor, equipment, materials, and services required to perform the abatement as directed d by the City. The City intends to enter into a Services Agreement – Work Order type Contract with multiple GACs to perform abatement services. At the City’s discretion, the City reserves the right to request quotes/proposals from as many or few of the firms selected for individual projects. The Work Order type Contract will be a one (1) year term, with the option to renew for one (1) year up to an additional four (4) years. In addition, the City anticipates Work Orders released under this on-call Service Agreement will not exceed $100,000, however, the City reserves the right to award Work Orders greater than $100,000. In such event, the GAC shall be required to obtain performance and payment bonds. See below for a copy of the Sample Agreement. The City of Fort Collins reserves the right to reject all proposals and re-solicit, if deemed to be in the best interest of the City. The City representative (Project Manager) is authorized to administer the Work Orders associated with the Services Agreement and directs and approves all services provided and work performed. The selected contractor(s) will be directed by the Project Managers and work closely with the Client Agency, the City’ Utility Environment Regulatory Affairs department, all public utilities, the Construction contractor, and other City agencies throughout the project life {including the warranty phase}. The Project Manager will have the right to reject inaccurate or substandard work and require rejected work to be satisfactorily corrected without additional cost to the City. GENERAL INFORMATION Abatement services shall include, but are not limited to, abatement or removal of the following: • Asbestos Containing Materials (ACMs) • Lead based paint and sealants • Regulated building materials The GAC will perform all asbestos and lead abatement activities and dispose of all abated materials following all Federal, State and local laws, regulations, and requirements. All regulated building materials will be removed and properly disposed of in accordance with all Federal, State and local laws, regulations, and requirements. All identified ACM, lead based paint and sealants along with any regulated building materials which will be impacted during renovation or demolition activities contracted hereunder shall be removed and disposed of by properly trained and qualified personnel in order to comply with all current US Environmental Protection Agency (EPA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and Colorado Department of Public Health and Environment (CDPHE) regulations for waste removal, transportation and disposal, as well as worker protection requirements. The City may contract with a qualified independent third party firm to provide inspection, create scope of work documents for each project, complete abatement project oversight, and any visual and air clearances, where required by regulation, for the GAC contracted under this Agreement. RFP 8337 General Abatement Contractor Page 4 of 20 Utility Service Center (USC) – Work Areas 3 through 5 700 Wood Street, Fort Collins, CO The Utility Service Center (USC) is a City occupied building, located at 700 Wood Street in Fort Collins, CO. The City of Fort Collins Utilities is currently remodeling approximately 65,000 square feet of the USC. The project involves major Heating, Ventilation and Air Conditioning (HVAC) mechanical system upgrades, building envelope insulation and sealing, window replacement, as well as architectural renovations. The existing USC facility is comprised of a series of major building additions and remodels over a period of approximately 60 years. The USC will be remodeled to create improved facilities for Light and Power crews, optimize and integrate space in the entire building for improved staff performance, reduce energy and water use, and enhance indoor environmental quality (e.g., comfort, health, and operational performance). This will consist of modifying existing building layout and making major building envelope and energy conservation improvements including replacement of the building HVAC system. As a result of the renovation activities the following materials need to be abated: a. Hard ceiling drywall, tape and joint compound containing less than 1 percent (%) asbestos. Approximately 15,000 square feet (sf). b. Carpet mastic containing greater than 1% asbestos. Approximately 30,000 sf. c. CMU block walls with less than 1% asbestos block filler. Approximately 2,500sf. d. Drywall, tape, joint compound and or texture at approximately 50 pipe penetration locations, where less than 1% asbestos. e. Duct sealant at seams that is greater than 1% asbestos. Approximately 2,500 sf. The City is seeking to partner with multiple qualified, attentive and responsive GACs to facilitate a variety of projects which may include the abatement of ACM, lead based paint and removal of regulated building materials prior to the renovation or demolition activities at City properties. The City’s goals are to have the selected GACs work as a team member with the City and the contracted independent third party firm to finalize abatement planning, provide individual project budgeting and complete abatement services. Various materials will need to be abated and or removed under this Agreement as part of the City’s multiple renovation and demolition projects, thus a flexible and collaborative relationship with the GAC will be required. The City makes no guarantee as to the number of Work Orders or actual amount of services which will be requested, but to provide an idea as to the types of projects to expect, below is a list of current and future projects: Current project: • Lincoln Center – Asbestos ceiling materials Future projects include: • Utility Service Center Remodel (see below for detailed description) RFP 8337 General Abatement Contractor Page 5 of 20 • Proving House – Asbestos containing sealant around windows SCOPE OF WORK The Agreement and associated Work Order(s) resulting from this RFP will require services consisting of asbestos abatement, lead-based paint and sealant abatement, and regulated building material removal for operation and maintenance activities relating to these abatement services. Individual projects will vary from large planned projects to minor and will be performed on an as needed basis to be directed through a Work Order document after a proposed statement of work is approved on a project-by-project basis. The City reserves the right to bid any abatement projects independent of this on-call Service Agreement or to obtain quotes from the firm(s) awarded under this Agreement. SELECTION PROCESS AND SCHEDULE • RFP advertisement July 8, 2016 • Pre-proposal meeting July 18, 2016 • Questions deadline July 20, 2016 • Proposals Due July 28, 2016 • Interviews and contract award Week of August 15, 2016 SUBMITTAL REQUIREMENTS All respondents are required to include the following information as part of their proposal. 1. Understanding: Provide a brief summary of your understanding of the City’s on-call General Abatement Contractor project needs. 2. Company Profile: Provide relevant information regarding the team you propose to work on this project including: a. Overview of your company. b. Key member resumes of your staff. Please make sure to include their qualifications, certifications and experience. c. Capacity: Describe your company’s size and availability of crew/employees to dedicate to City of Fort Collins jobs. d. Responsiveness: Describe your company’s ability to response time to shifting construction schedules and evolving abatement programs. e. Financial: Confirm your firm’s ability to obtain Performance and Payment bonds. 3. GAC Certifications: Provide all local and State abatement certifications. 4. Project Approach: Describe your company’s general approach to abatement of asbestos, lead-based paint and sealants along with removal of regulated building materials. Description should include all phases of abatement – including, but not limited to, site evaluation and cost proposal, abatement process, and waste disposal manifests. Describe any unique approach considerations for the Utility Service Center Remodel project. 5. Organization and Management of On-Call Contract Projects: RFP 8337 General Abatement Contractor Page 6 of 20 a. Describe how the projects will be organized and how coordination with the City’s on- call project manager will be undertaken. b. For the project team, summarize what work the contractor will self-perform and what work will be performed by sub-contractors (if any). c. Describe the management approach to on-call projects. Describe how the team will accomplish the work in a thorough, effective, and timely manner. Include information regarding: • Philosophy, approach and identification of specific issues, problems, and opportunities. (Specific solutions to this past projects may be used as statements of philosophy or direction). • Management approach to ensure effective coordination with various City agencies and other entities that will be involved in on-call projects. d. Identify any design and project management software that might be proposed for use on on-call projects. 6. Summary of Demonstrated Experience: Describe the firm’s on-call projects and experience during the last three years that is similar to the work described in the Scope of Work or that proposer believes would be relevant in evaluating the firm’s capabilities to perform the work, including: • Contracts involving similar work performed by the firm and a list of personnel who worked under these contracts and will be performing the work covered by this RFP. • Contract amount and SOW description for least costly and most costly abatements activities the firm’s personnel completed in the past year, showing details as to what those abatement activities included. • Any extraordinary projects or problems or both encountered during performance of such contracts. Describe the complexities and innovative approaches used to solve such problems. • Identify the persons in charge of safety for your company, and list the experience or specific training that qualifies them for this responsibility. Describe the safety program your firm uses to improve the safety, security and productivity of jobsites. • References. Include three appropriate references and, if applicable, a list of financial institutions or lenders on who’s “approved contractors list” your firm appears, including the client company or entity name, a contact name, a client address, telephone number and email. These references should be able to substantiate your firm’s ability to perform the work required. RFP 8337 General Abatement Contractor Page 7 of 20 7. Costs: Provide cost schedule and a proposed quote for current project listed below: Cost Schedule: Team member’s labor rates – $__________________________________ • Please provide a schedule of the multiple positions and rates that are generally require per abatement project. Material costs: please indicate below your company mark-up on materials: cost plus __________percent Mobilization percent - _______________% Cost per square foot of containment - $_______________________________ Cost per lineal foot of Thermo Cell Insulation (TCI) - $___________________ Current Project – Lincoln Center – Columbine Room 417 W. Magnolia, Fort Collins, CO Scope of work: The Base Scope involves the removal of asbestos plaster from above the "Columbine" room on the main level. Approximately 2,900 square feet of plaster (single layer) will be removed from above the HVAC ductwork, air handlers, and acoustic ceiling tile (false ceiling) of this work area. Prior to the abatement the owner will be responsible for isolating and turning off the HVAC system The GAC will be responsible for all work required in order to access the ACM and use a combination of scaffolding and mechanical scissor lifts for purpose of removing the plaster ceiling. The ductwork will remain in place during the course of this abatement project. Therefore, the GAC will cover the HVAC components (ductwork, suspended air handlers, etc.) with poly sheathing and place plywood along the top side of these components before removing the plaster. Upon completing the abatement work scope in this room, the entire plaster ceiling will be gutted down to structural components. The removal to occur with full containment and kept under continuous negative air pressure throughout the abatement. Critical barriers are to be placed at all openings and penetrations, thereby preventing any cross-contamination and insuring strong negative air pressure inside the work area. Temporary 2X4 beams are to be nailed or screwed onto the perimeter walls (above false ceiling) for purpose of anchoring and supporting the poly walls that will be installed around room. The GAC will perform the abatement in accordance with applicable regulations. All waste materials will be disposed of at an EPA-approved facility. RFP 8337 General Abatement Contractor Page 8 of 20 Proposed cost - $___________________________________________ As per detailed base scope including all planning and abatement design work, labor, materials, equipment, tools, insurance and waste disposal at an EPA- approved site. Alternate 1: In performing selective demolition for areas outlined above, the GAC may detach and set aside the acoustic ceiling tiles, metal grid system, light fixtures, speakers, vent covers and other trim/building materials that block access to the ACM plaster. Prior to the abatement, the owner may provide pallets or boxes for purpose of temporarily storing these items. Also, the owner will be responsible for isolating and turning off the HVAC system and for removing the conduits/wires that extend above the false ceiling lid of this work area. The GAC may assume that the ductwork will remain in place during the course of this abatement project. The owner will reinstall the ceiling grid, ceiling panels, and fixtures after the abatement work has been completed. Also, the GAC will take every precaution to protect these items as they are being detached and set aside. The owner will be responsible for all replacement, reinstallation, or repairs as needed to reinstall the false ceiling and other items listed above. Alternate 1 cost - $___________________________________ RFP 8337 General Abatement Contractor Page 9 of 20 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? 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? RFP 8337 General Abatement Contractor Page 10 of 20 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 TBL by Andrew Savitz 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.” 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? 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) Did the Contractor demonstrate the necessary job knowledge required for this project? RFP 8337 General Abatement Contractor Page 11 of 20 EXAMPLE SERVICES AGREEMENT SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit “B”, consisting of ( ) page , and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. RFP 8337 General Abatement Contractor Page 12 of 20 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 is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. RFP 8337 General Abatement Contractor Page 13 of 20 Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated 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 RFP 8337 General Abatement Contractor Page 14 of 20 City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit " ", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort RFP 8337 General Abatement Contractor Page 15 of 20 Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the RFP 8337 General Abatement Contractor Page 16 of 20 subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 8337 General Abatement Contractor Page 17 of 20 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8337 General Abatement Contractor Page 18 of 20 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AGREEMENT DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this Work Order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ RFP 8337 General Abatement Contractor 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 8337 General Abatement Contractor 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.