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HomeMy WebLinkAboutRFP - 8462 PFA ELECTRONIC ACCESS SYSTEM8462 Electronic Access System Page 1 of 21 REQUEST FOR PROPOSAL 8462 ELECTRONIC ACCESS SYSTEM The City of Fort Collins (City), on behalf of Poudre Fire Authority (PFA), is requesting proposals from qualified vendors to supply a Continental Access Control System (ACS) for Poudre Fire Authority locations. This is a replacement of an older system with wiring and HID door readers in place where indicated. The price quote shall include pricing for all computer hardware and software, intelligent control panels, communication devices and access cards. If existing system components are not deemed acceptable than the price quote shall include any needed conduit, raceways, enclosures, wiring, card readers/keypads, mounting hardware, and all other equipment as requested by PFA. Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, four (4) copies will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), February 23, 2017 and referenced as Proposal No. 8462. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color or national origin. The City will offer firms the opportunity to schedule a site visit for the purpose of reviewing existing system components and project scope. Site visits must be scheduled with Gary Nuckols. Site visits by must be scheduled by February 10, 2017. Questions concerning the scope of the project should be directed to the Project Manager, Gary Nuckols at (970) 416-2862 or gnuckols@poudre-fire.org. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. The deadline for submitting questions is 5:00 PM (our clock) on February 10, 2017. Please submit your questions via email to the Project Manager with a copy to Doug Clapp. Questions received after the deadline will not be answered. A copy of the Bid may be obtained at Uhttp://www.bidnetdirect.com/colorado/city-of-fort-collinsU. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to 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 8462 Electronic Access System Page 2 of 21 enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. 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. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results are posted online at Ucitydocs.fcgov.comU under the project number and name. Gerry Paul Purchasing Director 8462 Electronic Access System Page 3 of 21 REQUEST FOR PROPOSAL 8462 ELECTRONIC ACCESS SYSTEM I. INTRODUCTION The City of Fort Collins (City), on behalf of Poudre Fire Authority (PFA), is requesting proposals from qualified vendors to supply a Continental Access Control System (ACS) for Poudre Fire Authority locations. This is a replacement of an older system with wiring and HID door readers in place where indicated. The price quote shall include pricing for all computer hardware and software, intelligent control panels, communication devices and access cards. If existing system components are not deemed acceptable than the price quote shall include any needed conduit, raceways, enclosures, wiring, card readers/keypads, mounting hardware, and all other equipment as requested by PFA. The Access Control System shall manage the security operations for a single site or for multiple sites. Installing the ACS and bringing it to operational status requires the following major steps: 1. Install and integrate access control, alarm monitoring, and related security and door hardware. 2. Configure local access panels and ACS host to communicate with one another. 3. Modify or create security system database. 4. Install proper connections between host system, access panels, and related hardware. 5. Test security system communication and operation. 6. Train operators. The City and PFA expects to enter into a Services Agreement (Agreement) with the awarded vendor. The terms and conditions of the Agreement are set forth in attached Exhibit “A”, consisting of eight (8) pages and incorporated herein by reference; however, the City and/or PFA may include additional terms and conditions in the Agreement as deemed necessary. II. PROJECT SCOPE A. UACS SpecificationsU: 1. PC based operation which can be administered by PFA employees and expanded as necessary to include the following: a. Scheduled personnel management reports, automatically generated b. Ability for future CCTV integration management c. Ability to create schedules for access points d. Ability for Administrators lockdown of facilities e. Sub administrators that can only access portions of system f. Doors can be locked and unlocked remotely and put in a time control mode 2. Integrate with current hardware and software must meet current industry standards for operating systems 3. Reuse of existing HID card readers already in place at existing facilities 8462 Electronic Access System Page 4 of 21 4. System operates under one facility code 5. Capability of active mapping with integrated floor plans 6. Instant mobile device notification of alarm events through text or e-mail. 7. Photo imaging badging management 8. Web access from remote locations 9. System must provide instant changes that selectively limit employee access 10. Provide quality badging camera 11. All client/user workstation licensing for 5 workstations shall be available as an option 12. Provide security levels that limit employee access by time schedule per door. 13. System must provide instant changes that selectivity limit employee access B. UACS Reader Specification: 1. The ACS reader shall be proximity type card readers manufactured by Hughes Identification Devices (HID) Corporation. The primary model of HID reader shall be the "ProxPro" proximity card reader. The secondary model of HID reader shall be the "MiniProx" proximity card reader (grey). The "MiniProx" proximity card reader can only be used in situations where a “ProxPro” will not fit, such as mullion mount locations, and must be specifically approved for the proposed location by Poudre Fire Authority prior to install. No other make or type of ACS reader is acceptable. 2. The only acceptable proximity access devices shall be HID ProxCardP  P II access control proximity card or HID ProxkeyP ™ P II proximity keyfob. Both devices shall have a visible external serial number that matches the internal serial number. Both devices shall be encoded with a facility code as specified by Larimer County. C. UEmergency Power Specification: 1. In the event that normal electrical service is disrupted, the entire ACS (including all door hardware) must be powered by an emergency power system (EPS), preferably a generator whenever possible. If a generator is not available all systems must continue to function on battery power during heavy use for at least 60 minutes. In addition to an EPS all computerized devices (ACS server, ACS control panel(s)) must be further protected by an uninterruptible power supply capable of transitioning the protected devices to the emergency power system without any loss of service. D. ULocationsU: The following locations must be included in the project scope: 1. Administration: • Continental Accelaterm control panel capable of up to 8 doors • Additional control panel capable of an additional 8 doors • HID card readers currently in 15 locations • 4 current HID readers and strikes to be removed and replaced with normal • 1 additional HID card reader to install at door at top of stairs from lobby 8462 Electronic Access System Page 5 of 21 2. Station 1: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 4 locations 3. Station 2: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 2 locations 4. Station 3: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 2 locations 5. Station 4: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 6 locations 6. Station 5: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 4 locations • 1 additional HID card reader to install in west dorm entrance 7. Station 6: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 4 locations 8. Station 7: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in3 locations • 1 existing HID location to be moved to another entrance 9. Station 9: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 1 locations • 1 additional HID card reader to install at front door 10. Station 10: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 6 locations 8462 Electronic Access System Page 6 of 21 11. Station 11: • Continental Accelaterm control panel capable of up to 8 doors • 1 new HID card reader to install at front door. This station has wireless internet connection only 12. Station 12: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 8 locations 13. Station 14: • Continental Accelaterm control panel capable of up to 8 doors • HID card readers currently in 4 locations E. UWarrantyU: The awarded vendor is expected to uphold the most current manufacturers’ warranty for all equipment, parts and accessories. All workmanship shall be guaranteed against defects resulting from faulty installation methods for a period of no less than one (1) year from the date of final acceptance by the City and/or PFA. F. UDelivery:U The awarded vendor must arrange for all equipment and parts to be delivered within six to eight (6 to 8) weeks of receipt of a purchase order. All freight, shipping and handling charges must be included in proposed pricing. G. UInstallation:U 1. Provide and install necessary locking equipment, card readers, and controllers at selected sites. 2. Provide all wiring not already in place for all connections. Seamless rollover from old to new system without security failure. 3. Test the system after and verify all installations are working per specifications. 4. Any new installations are to have hidden wiring unless approved otherwise. 5. Change or re-key locksets as required with single key locks at selected location 6. All ACS hardware, software, and wiring installation shall be completed by a single contractor that has been regularly engaged in the installation and maintenance of integrated access control systems similar in size and scope to that proposed for a period of no less than ten (10) years. 7. The ACS installation contractor shall supply information attesting to the fact that their firm is a competent factory trained and authorized installation and service branch for all specified ACSS equipment and that they are capable of maintaining the system with reasonable service time. 8. The ACS installation contractor shall provide a minimum of three (3) references whose systems are of similar complexity and have been installed and maintained by the contractor in the last five (5) years. 8462 Electronic Access System Page 7 of 21 H. UTesting: 1. General: The ACS installation contractor shall perform pre-delivery testing, site testing, and adjustment of the completed ACS. The ACS installation contractor shall provide all personnel, equipment, instrumentation, and supplies necessary to perform all testing. Written and verbal notification of planned testing shall be given to the owner at least fourteen (14) days prior to the test, and in no case shall notice be given until after the ACS installation contractor has received written approval of the specific test procedures. Test procedures shall explain in detail, step-by-step actions and expected results demonstrating compliance with the requirements of the specification. Test reports shall be used to document results of the tests. Reports shall be delivered to the owner within seven (7) days after completion of each test. 2. Performance Verification Test: The ACS installation contractor shall demonstrate that the completed ACS complies with the contract requirements. Using approved test procedures, all physical and functional requirements of the project shall be demonstrated and shown. I. UTraining:U The awarded vendor will be required to provide on-site training to PFA staff on the basic functionality of the system. Two copies of a training manual should be provided. Training must be included in proposed pricing. J. UManuals:U Provide two (2) bound sets of manuals including operating instructions, maintenance recommendations and parts list including wiring and connection diagrams modified to reflect as-built conditions. K. UInspectionsU: The ACS installation contractor shall perform two inspections at six (6) month intervals or more often if required by the manufacturers. This work shall be performed during regular working hours, Monday through Friday, excluding Federal holidays. These inspections shall include: 1. Visual checks and operational tests of the central processor, local processors, monitors, keyboards, system printers, peripheral equipment, ACS equipment, power supplies, and electrical and mechanical controls. 2. Clean system equipment, including interior and exterior surfaces. 3. Perform diagnostics on all equipment. 4. Check and calibrate each ACS device as needed. 5. Run system software and correct diagnosed problems. 6. Resolve previous outstanding problems. L. UServiceU: The owner will initiate service calls when the ACS is not functioning properly. Qualified personnel shall be available to provide service to the complete ACS. The owner shall be furnished with the telephone number where the contractor’s service supervisor can be reached at all times. Service personnel shall be at the site within four (4) hours after receiving a request for service. The ACS shall be restored to proper operating condition in no more than one (1) calendar day. 8462 Electronic Access System Page 8 of 21 III. SUBMITTAL REQUIREMENTS The following information must be included in the proposal. The required proposal documents must be arranged in the order listed below. Proposals shall be limited to ten (10) pages, excluding brochures. The City reserves the right to reject any proposal exceeding these limits and/or omitting any Submittal Requirement. Proposals shall be evaluated using the criteria annotated in Section V of this RFP. UInclude company name and address, as well as the name and contact information of the primary Contact, including Contact’s email address, in proposal. 1. USpecificationsU: List equipment specifications and ancillary parts and provide a sample training syllabus. 2. UDeliveryU: State the lead time for delivery and installation to be completed. 3. UAssigned PersonnelU: Brief company profile to include key personnel and roles, service standards and post-sale support capabilities. State installers’ qualifications and if the installation is going to be completed in- house or by a subcontractor. 4. UCost and WarrantyU: Price offer to include Make and Model of equipment proposed. All materials, parts, delivery (shipping and handling), installation, training and documentation listed under Project Scope must be included and confirmed in the proposed price. Include Manufacturer’s warranty terms and conditions on the proposed air compressor and parts. Please complete price schedule below. 5. UFirm CapabilityU: List of three (3) current references, with whom the Project Manager can contact, in which equivalent equipment was purchased and installed from the proposing vendor. Include the name and address of each referenced company, as well as the name, title, and phone number of the contact person. 8462 Electronic Access System Page 9 of 21 Price Schedule To include: All materials, parts, delivery (shipping and handling), installation, training and documentation listed under Project Scope Station 1: ______________________ Station 2: ______________________ Station 3: ______________________ Station 4: ______________________ Station 5: ______________________ Station 6: ______________________ Station 7: ______________________ Station 9: ______________________ Station 10: ______________________ Station 11: ______________________ Station 12: ______________________ Station 14: ______________________ Total cost: ______________________ Material Mark-up – cost plus ___________ percent Subcontractor Mark-up – Cost plus __________ percent Labor Rates/ Hour by Position or Discipline Title Hourly Rate _________________________________ __________ _________________________________ __________ _________________________________ __________ _________________________________ __________ 8462 Electronic Access System Page 10 of 21 IV. PROPOSAL GUIDELINES The City assumes no responsibility for liability for any costs vendors may incur in responding to this RFP; including attending meetings, site visits and/or contract negotiations. The City reserves the right to negotiate the final terms of the Agreement. The RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City and PFA. In evaluating the proposals, the City may seek information from a Proposer to clarify their proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the proposal. All proposals shall remain subject to initial acceptance ninety (90) days after the day of submittal. V. REVIEW AND ASSESSMENT Firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals. The City and PFA may, at its option, choose the highest ranked firm based on the written proposals or interview the highest ranked firms based on the written proposals to make a final selection. 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 1BQUALIFICATION 2BSTANDARD 2.0 Specifications Does the product meet all project specifications? 1.0 Delivery Can the work be completed in the necessary time? 1.0 Assigned Personnel Will the firm complete the installation or will the installation be subcontracted? Are the individuals performing the installation qualified? Does the firm offer qualified staff for post-sale service and support? 3.0 Cost and Warranty Is the total cost competitive? Is each cost element of the proposed price fair and reasonable? Is the warranty comprehensive? What is the warranty term? 1.0 Firm Capability Does the firm have the support capabilities required to complete the project? Has the vendor done previous projects of this type and scope? 8462 Electronic Access System Page 11 of 21 VI. REFERENCE EVALUATION (TOP RANKED FIRM): The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. 0BQUALIFICATION 3BSTANDARD Overall Performance Would you hire this firm again? Did they show the skills required for this project? Timetable Was the original Scope of Services completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the firm responsive to client needs; did the firm anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Services completed within the project budget? Job Knowledge Did firm meet the Scope of Services? Was the project properly completed? Were problems corrected quickly and effectively? 8462 Electronic Access System Page 12 of 21 EXHIBIT A SAMPLE SERVICES AGREEMENT (For informational purposes, do UnotU fill in or submit with proposal) USERVICES 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" as agent, on behalf of the Poudre Fire Authority (PFA), and hereinafter referred to as "Service Provider". UWITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. UServices 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/or PFA 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/or PFA 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 and/or PFA 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. UChanges in the Work.U The City and/or PFA UreservesU 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 and/or PFA to have any particular 8462 Electronic Access System Page 13 of 21 service performed by the Service Provider. 3. UTime of Commencement and Completion of Services.U 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. 4. UContract Period.U This Agreement shall commence , 200 and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City and/or PFA, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. UDelayU. 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 and/or PFA of such condition within fifteen (15) days from the onset of such condition. 6. UEarly Termination by City and/or PFA/Notices.U Notwithstanding the time periods contained herein, the City and/or PFA may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be 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: PFA: Copy to: Attn: Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City and/or PFA, 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. UContract Sum.U 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 and/or PFA 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. 8462 Electronic Access System Page 14 of 21 8. UPayments.U a. The City and/or PFA 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. Payment shall be made by the City and/or PFA only upon acceptance of the work by the City and/or PFA 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. UCity and/or PFA Representative.U The City and/or PFA'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 and/or PFA Representative. 10. UIndependent Contractor.U It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City and/or PFA 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 and/or PFA. 11. USubcontractorsU. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City and/or PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City and/or PFA), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City and/or PFA, nor will it obligate the City and/or PFA to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City and/or PFA to the same extent as the work of the Service Provider. 12. UPersonal Services.U It is understood that the City and/or PFA 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 and/or PFA. 13. UAcceptance Not Waiver.U The City and/or PFA'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 8462 Electronic Access System Page 15 of 21 the Agreement or of any cause of action arising out of the performance of this Agreement. 14. UWarrantyU. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City and/or PFA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City and/or PFA-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City and/or PFA of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City and/or PFA. 15. UDefault.U 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. URemedies.U 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. UBinding Effect.U 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. 8462 Electronic Access System Page 16 of 21 18. UIndemnity/InsuranceU. a. The Service Provider agrees to indemnify and save harmless the City and/or PFA, 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 and/or PFA as an additional insured under this Agreement of the type and with the limits specified within Exhibit " ", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City and/or PFA. 19. UEntire Agreement.U 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. ULaw/Severability.U 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. UProhibition Against Employing Illegal AliensU. 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. 8462 Electronic Access System Page 17 of 21 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 and/or PFA 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 and/or PFA may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City and/or PFA arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City and/or PFA will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City and/or PFA terminates the Agreement for such breach. 22. USpecial Provisions.U 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. 8462 Electronic Access System Page 18 of 21 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: 8462 Electronic Access System Page 19 of 21 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: U U Scope of Services: U U 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: ____________________________ 8462 Electronic Access System Page 20 of 21 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City and/or PFA, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City and/or PFA 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 and Poudre Fire Authority.” In case of the breach of any provision of the Insurance Requirements, the City and/or PFA, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City and/or PFA 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 and/or PFA, 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. 8462 Electronic Access System Page 21 of 21 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) and Poudre Fire Authority (the “PFA”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City and/or PFA has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City and/or PFA or 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 and/or PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City and/or PFA). The Service Provider shall not disclose any such information to any person not having a legitimate need-to- know for purposes authorized by the City and/or PFA. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City and/or PFA. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City and/or PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City and/or PFA, or the City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City and/or PFA any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City and/or PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City and/or PFA shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.