Loading...
HomeMy WebLinkAboutRFP - P1062 MAP BROCHURE DESIGN SERVICESAdministrative Services Purchasing Divison Page 1 of 2 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com Addendum 1 P1062 Map and Brochure Design Services for Natural Areas SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1062 Map and Brochure Design Services for Natural Areas OPENING DATE: 3:00 P.M. (Our Clock) February 26, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Questions and Answers: 1. Under the Objectives the RFP states that the map/brochure "must use Natural Areas Program Visual Identity Guidelines". What are these? These are not completely finalized, but attached is the most current draft. Things such as colors, fonts and standards for the logo will not change, but we are working on the interpretive sign and other signage section (which is why they are blank). Use these to make your proposal with the understanding that if you are awarded the contract, we can further clarify. Maps are not specifically addressed. 2. Under the Objectives # B: Would the city provide the difficulty rating and surface type or would the design firm have to identify that information? The City will determine the difficulty rating and surface type of each trail and provide that to the vendor. Vendor would help us determine a way to show this on the map (e.g. difficult trails are designated by certain colors or line designs) 3. Under the Objectives # G: What do you envision the additional graphics to include (e.g. animal photos, site photos, recreation photos?) This is unclear because the photos will follow the text, but probably the kind of photos mentioned above (wildlife, recreation and site photos). We also will likely use the trail yield symbol (City will provide) and of course, our logo. 4. Do all streets needed to be labeled? What are the size specifications? Is it okay to split the map in half, such as east side/west side? No, just major streets and ones leading to Natural Area trailheads. Size specifications are not set in stone, but just some place to start for preparing bid. Okay to split the map in half since City is open to suggestions of how to get such a large geographic area onto one piece of paper. Soapstone Prairie, Gateway and Bobcat Ridge Natural Areas, which are not shown on current “Nature Next Door” map/brochure, will need to be included in the new map/brochure. Page 2 of 2 5. What are the northern and southern borders of our sites? Wyoming border is northern border, just north of Loveland is southern border, eastern border is I-25, western border is harder to determine- west of Masonville and about 5 miles up Poudre Canyon is as close as could be determined. 6. Is it okay to send samples of open space and trails maps that we've taken to print? Need set of samples for each proposal copy? Sending samples okay. We are okay with only one set unless it is easy to include with all proposal copies. Please contact David M. Carey, CPPB, C. P. M., Buyer at (970) 416-2191 with any questions regarding this addendum. NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Visual Fort Collins natural Design areas Program guiDelines Welcoming Fort Collins natural areas are places that people want to visit – again and again Experiences Fort Collins natural areas provide di- verse experiences to diverse people. Stewardship The Fort Collins Natural Areas Program is a steward of the land - for the long term. Our Vision Fort Collins Natural Areas Program preserves and stewards special places that people care about: mountains and plains, ranches and farmlands, wetlands and ponds. These places are in our neighborhoods, around our city and in our region. The Natural Areas Program is integral to the identity and vitality of the Fort Collins community. Natural areas are about quality of life, economic health and citizen values. Natural areas are places where people can see, touch, feel and experience their natural and cultural resources. Our Mission The mission of the Fort Collins Natural Areas Program is to protect and enhance lands with existing or poten- tial natural areas values, lands that serve as community separators, agricultural lands and lands with scenic values. Protection of natural habitats and features is the highest priority while providing for education and recreation for the Fort Collins community. Rich Language n Words that convey brief and precise messages ensure greatest impact. n The name of our program is vitally important: “Fort Collins Natural Areas Program” should be used in its entirety when referring to the program the first time in a document. It is abbreviated “FCNAP”. n Additionally, the shorter “Natural Areas Program”, abbreviated “NAP” is also used. n Avoid using “Fort Collins Natural Areas” or “Natural Areas” or “FCNA” or “NA” when referring to the pro- gram itself. Visual Identity The Natural Areas Program will be immediately identifiable to constituents through the use of rich language, consistent colors, expressive typography, compelling photographs, accurate illustrations and engaging design and layout. Additionally, the use of our signature is demonstrated. Brochures, interpretive signs, displays, advertisements, websites and slide shows are the main tools for the visual identity. Color Earth tones connect the viewer to the natural areas. The colors express their environment – wetlands and ponds, red rocks and sky, meadows and mountains, trails and bridges. The colors are listed below. All colors may be screened. Midnight Lake 213-4 U 5405 M c70 m35 y10 k25 r54 g94 g132 557FA1 Color Name PMS Process PMS Spot CMYK Formula RBG Formula/PPT Web Hex Forest 301-4 U 5777 M c25 m0 y60 k30 r128 g151 g86 9EB178 Trail 42-6 U 872 M c30 m35 y60 k25 r125 g108 g76 9C8D6E Red Rock 105-1 U 7420 M c30 m100 y70 k15 r139 g25 g56 8B1938 Sand 7-9 U 4545 M c0 m3 y15 k10 r225 g2151g189 E0D6BC Prairie 9-1 U 7408 M c10 m30 y100 k0 r219 g163 g35 E6BB41 M is for Matte to be used with the preferred matte recycled stock. Bark 42-1 U 1615 M c30 m70 y100 k30 r116 g60 g20 743C1A Typography A sense of welcome, recreation, simplicity and timelessness are expressed in Melior, Bureau and Crim. They are strong yet casual fonts that express the uncomplicated nature of natural areas. The Bold Typeface is meant for titling and highlighting copy. melior Bold Welcoming, stewardship, experience Welcoming, Stewardship, Experience Welcoming, SteWardShip, experience WelComing, steWarDshiP, exPerienCe The Standard Typeface is meant to be used text. Melior Medium Welcoming, Stewardship, Experience Welcoming, Stewardship, Experience Welcoming, SteWardShip, experience WElCoMINg, STEWArdShIP, ExPErIENCE The Bold Typeface is meant for titling, highlighting copy and charts. Bureau Five Five Welcoming, Stewardship, Experience Welcoming, SteWardShip, experience WElcoming, StEWardShip, ExpEriEncE The Standard Typeface is meant to be used for charts and subheads. Bureau Five One Welcoming, Stewardship, Experience Welcoming, SteWardShip, experience WELCOMING, STEWARDSHIP, ExPERIENCE The Regualr Typeface is meant to be used for titling and callouts. Crim Regular Welcoming, Stewardship, Experience Welcoming, SteWardShip, experience The Bold Typeface is meant to be used for titling and callouts. Crim bold Welcoming, Stewardship, Experience Welcoming, SteWardShip, experience Compelling Photography Photographs are images that reflect and deepen the visitors’ experiences and connects them with the surroundings. Photos that evoke a sense of wanting to step into the image reflect our welcoming approach. At times, featuring people or hinting at their presence (footprints on the trail next to a coyote’s track, hiking staff leaning against a tree) evoke emotion and invites visitors to experience the natural areas. Photos may be manipulated to add an effect that supports the text or theme of the piece. Accurate Illustration Illustrative art can demonstrate historic or future conditions, provide motion and action or serve as a background for photos. Illustrations can convey meanings that may not be possible in photographs. They add reflection and deep emotional content. Black and white or in full color, illustrations promote messages of welcome, stewardship and experience. Signature our signature consists of a tagline: “naturally yours”, and is used with or without background elements. It is our most noticeable and consistent element. look under Design and Layout for examples of placement and use of the signature. Uses, sizes, colors and placement of the single and dual logos are important and specifically designated in the Logo Design Guidelines Manual. Bottom of page/sign Treatment for Flyers n The signature with the dual logos is on all print material on the front cover. on the back cover of print mate- rial, the tagline, with or without the logos, is used in a consistent location. n The signature with dual logos is on each interpretive sign in a consistent location. n The signature with the title of the program is on first and last slides of Power Point presentations. Engaging Design & Layout design and layout use all of the above principles to create an integrated whole. design and layout must first be eye-catching and welcoming or no information will be conveyed. layout must relate the artwork with the text. designs combine colors and typography to organize information, progress logically, and lead the viewer deeper into the piece. Too many colors, too much text, too many design elements may dilute the message. Title Intriguing Introductory photo Natural Area Map Descriptive photos and illustrations Introduction Signature Detailed information Contact information Signature Title Design & Layout: Brochures Brochures sizes n Two-Panel: 11” x 8.5” Flat, 5.5” x 8.5” Folded n large Three Panel: 14” x 8.5” Flat, 4.66” x 8.5” Folded n Small Three Panel: 11” x 8.5” Flat, 3.66” x 8.5” Folded Design & Layout: Flyers Location/Event Descriptive photos and illustrations Detailed information Flyer sizes n 8.5” x 11” Message and Brand Design & Layout: Site Signs Design & Layout: Interpretive Signs Design & Layout: Powerpoint Slides n A ppt template that includes fonts and the 5 backgrounds jpgs will be supplied to you. n All copy must be within a 1” border around the page to ensure text is not cut-off when displayed on a monitor or screen. n header titling is Times New roman at 60pt. n Body copy is Souvenir lt Bt at no less than 24pt. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1062 Map/Brochure Design Services-Natural Areas The City of Fort Collins (City) is requesting proposals for the planning, design, and layout of a map/brochure that will show all City of Fort Collins natural areas and may include other nearby publicly-owned properties (e.g., County and State recreation areas). Text written by Natural Areas staff will also be incorporated. Vendor may be asked to assist City with selection of printer and/or coordinate production. Written proposals, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd Floor, Fort Collins, Colorado 80521. Proposals will be received before 3:00 p.m. (our clock), February 26, 2007. Reference Proposal Number P1062. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, and Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to: Zoe Shark, Natural Areas Education and Volunteer Coordinator, phone: (970) 416-2480, e-mail: zshark@fcgov.com Questions regarding proposal submittal or process should be directed to: David Carey, CPPB, Buyer, phone: (970) 416-2191, e-mail: dcarey@fcgov.com A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1062 Map/Brochure Design Services-Natural Areas The City of Fort Collins (City) is requesting proposals for the planning, design, and layout of a map/brochure that will show all City of Fort Collins natural areas and may include other nearby publicly-owned properties (e.g., County and State recreation areas). Text written by Natural Areas staff will also be incorporated. Vendor may be asked to assist City with selection of printer and/or coordinate production. Written proposals, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd Floor, Fort Collins, Colorado 80521. Proposals will be received before 3:00 p.m. (our clock), February 26, 2007. Reference Proposal Number P1062. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, and Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to: Zoe Shark, Natural Areas Education and Volunteer Coordinator, phone: (970) 416-2480, e-mail: zshark@fcgov.com Questions regarding proposal submittal or process should be directed to: David Carey, CPPB, Buyer, phone: (970) 416-2191, e-mail: dcarey@fcgov.com A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management SA 09/01/06 2 CITY OF FORT COLLINS REQUEST FOR PROPOSAL P1062 Map/Brochure Design Services-Natural Areas I. BACKGROUND The City of Fort Collins Natural Areas Program is requesting proposals for the planning, design, and layout of a map/brochure. The map/brochure will show all City of Fort Collins Natural Areas and may include other nearby publicly-owned properties (e.g., County and State recreation areas). Text written by Natural Areas staff will also be incorporated. The audience for the map/brochure is natural areas visitors of all abilities; however some information of interest to outdoor enthusiasts, such as mountain bikers, hikers, equestrians, or anglers will be included. The purpose of the map/brochure is to provide practical orientation information and also serve as an outreach tool. The City of Fort Collins Natural Areas Program has conserved over 36,000 acres locally and regionally. With several regional properties and an increased focus on welcoming visitors, providing unique experiences and stewardship, our previous map/brochure (entitled “Nature Next Door”) is out of date. The Natural Areas Program anticipates that the map/brochure will be a signature brochure, providing information about recreation at natural areas and serve as a marketing tool. II. OBJECTIVES The map/brochure must use Natural Areas Program Visual Identity Guidelines and provide: A. Basic orientation information (e.g., location and boundaries of local and regional natural areas, access points, trails, restrooms, bodies of water) provided by the City and other participating agencies. B. Information for more advanced natural area visitors (e.g., trail difficulty rating, trail mileage, trail type [soft surface or paved], shaded relief or topographic contour lines, land ownership). More advanced information must be incorporated in a way that does not overwhelm less experienced visitors. Some of this will be provided by the City and participating agencies, other information will be obtained by the vendor through research. C. Recreation information in table/chart form (e.g., what activities are available at each site, accessibility, fees) provided by the City and other participating agencies. D. Regulations, trail etiquette, safety information. This will be provided by the City. E. Contact information for the Natural Areas Program and potentially for other land management agencies, provided by the City and other participating agencies. F. Text emphasizing welcoming visitors, quality experiences, stewardship provided by the City. G. Graphics (e.g. photograph for front, trail yield icon, illustrations, natural areas logo). Some will be provided by the City and participating agencies, others may need to be obtained by the vendor. Must comply with all copyright and license requirements. SA 09/01/06 3 III. PROJECT PLANNING AND IMPLEMENTATION Natural Areas Program personnel have reviewed a variety of different open space maps and brochures, but have not determined exactly which product is preferable. The successful vendor will: A. Have an initial meeting with the review team and view examples of maps that have desirable and undesirable components. B. Develop the map brochure based on this Request for Proposal (RFP) and the initial meeting. C. Obtain electronic Geographic Information System (GIS) layers, or other forms of map information necessary, from the City of Fort Collins and other public land managers as needed. D. Create the map/brochure. E. Take review team feedback and incorporate comments, or make suggested changes. For efficiency, the goal is to have no more than three (3) drafts, but the vendor will submit drafts until the review team is satisfied with the product. F. Research and present paper options and recommendations based on anticipated use of the product and budget. G. Assist with selection of printer and/or coordinate production of final map/brochure, at the option of the City. H. Archive the map brochure and provide support to the City (e.g. by providing electronic files or other necessary information) for update of the map for ten (10) years. The City will: A. Provide text and information for certain components of the map/brochure. B. Facilitate the review, development and production process. IV. SPECIFICATIONS-PRELIMINARY The map/brochure is anticipated to be: Flat size: 22” x 17” (flat), or larger Print: 4 color process with soy inks on both sides Stock: 70# Recycled Stock Folded Size: either 3-5/8” x 8-1/2” or 4-1/4” x 5-1/2” (based on 22” x 17” flat size) Initial Quantity: 5,000 -10,000 SA 09/01/06 4 V. BUDGET The budget for the map project is $5,000 - $25,000 (including printing). It is the desire of the Natural Areas Program to receive creative recommendations at the low and high ends of the budget. VI. TIMETABLE February, 2007- RFP selection process Early March - Meet with selected vendor to further develop expectations Late March - First draft submitted to review team April - Second draft submitted to review team May - Final draft, produce/print map June - Map/brochure is ready for distribution This timetable is subject to change. VII. PROPOSAL REQUIREMENTS Vendor’s response to this RFP must include the following: A. Name, mailing and email addresses, and telephone number of responding organization, and primary contact. B. Qualifications of organization and assigned personnel. C. Related experience. D. Availability. E. Hourly rate and maximum fee, including time and reimbursable direct costs. F. References. The City reserves the right to refuse any proposal that does not include these requirements. VIII. MISCELLANEOUS The City expects to enter into a written Services Agreement (“Agreement”) with the chosen vendor that shall incorporate this RFP and their proposal. The anticipated terms and conditions of the Agreement are set forth in the attached document. However, the City may include additional terms and conditions in the Agreement as deemed necessary. The City assumes no responsibility or liability for any costs vendor may incur in responding to this RFP; including proposal samples, interview travel expenses or negotiations. SA 09/01/06 5 IX. REVIEW AND ASSESSMENT The City of Fort Collins reserves the right to select a vendor for this project on the basis of written proposals submitted only. Written proposals will be reviewed against the following criteria. Interviews will be rated using the same criteria. 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 show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills 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 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours 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 in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? SA 09/01/06 6 X. REFERENCE EVALUATION (TOP RANKED 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) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? SA 09/01/06 7 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 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. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service SA 09/01/06 8 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C", consisting of ( ) page(s), and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's SA 09/01/06 9 compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. 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. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (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. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. SA 09/01/06 10 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, 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 ( ) pages[s], attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado SA 09/01/06 11 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 “Basic Pilot Program”) in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. SA 09/01/06 12 D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. SA 09/01/06 13 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Date:_____________________________ By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 14 EXHIBIT B 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 be cancelled or materially altered, except after ten (10) 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 $500,000 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.