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HomeMy WebLinkAboutRFP - 8025 FITNESS EQUIPMENT FOR THE FOOTHILLS ACTIVITY CENTERRFP- 8025 Fitness Equipment for Foothills Activity Center Page 1 of 16 REQUEST FOR PROPOSAL 8025 FITNESS EQUIPMENT FOR THE FOOTHILLS ACTIVITY CENTER The City of Fort Collins (City) is requesting proposals from qualified firms to supply the most user-friendly, commercially durable fitness equipment for the space designated as the exercise/weight room for the future Foothills Activity Center, located at 215 East Monroe Drive, Fort Collins, CO 80525, currently under construction and due to open Fall 2015. 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, 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 will be received before 3:00 p.m. (our clock), November 12, 2014 and referenced as Proposal No. 8025. 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. Questions concerning the scope of the project should be directed to the Project Manager, Marc Rademacher at (970) 221-6309 or mrademacher@fcgov.com. Questions regarding bid submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@fcgov.com. The deadline for submitting questions is on November 3, 2014 by 5:00 p.m. (our clock). Please submit your questions via email to the Project Manager with a copy to Jill Wilson. Responses to all questions submitted will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the Rocky Mountain E-Purchasing System webpage, www.rockymountainbidsystem.com The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP- 8025 Fitness Equipment for Foothills Activity Center Page 2 of 16 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, Gerry S. Paul Director of Purchasing & Risk Management RFP- 8025 Fitness Equipment for Foothills Activity Center Page 3 of 16 REQUEST FOR PROPOSAL 8025 FITNESS EQUIPMENT FOR THE FOOTHILLS ACTIVITY CENTER I. INTRODUCTION The City of Fort Collins (City) is requesting proposals from qualified firms to supply the most user-friendly, commercially durable fitness equipment for the space designated as the exercise/weight room for the future Foothills Activity Center, located at 215 East Monroe Drive, Fort Collins, CO 80525, currently under construction and due to open Fall 2015. To best serve the needs of the City, this project may be awarded to one or multiple vendors. II. PROJECT SCOPE A. Equipment Specifications: All equipment must meet or exceed the Star Trac E Series Equipment specifications. The City is requesting bids for the following equipment:  4 Treadmills (must meet the specs of E-TRx E Series Treadmill)  4 Elliptical (must meet the specs of E-CTx E Series Elliptical)  2 Upright Bikes (must meet the specs of E-UB E Series Upright Bike)  2 Recumbent Bikes (must meet the specs of E-RB E Series Recumbent Bike)  1 Stairmill (must meet specs of E-SM E Series Stairmill) B. Warranty: Minimum warranty on all equipment must be three (3) years on parts and labor and lifetime on frames. C. Delivery: The awarded vendor must arrange for all equipment to be delivered when the Foothills Activity Center opens in the Fall of 2015. The specific installation date will be communicated to the awarded vendor(s) when the construction schedule is finalized. All freight, shipping and handling charges must be included in proposed pricing. D. Installation: Installation of equipment must be performed by awarded vendor or vendor’s subcontractor with the City’s written approval. Installation includes on- site delivery to the Foothills Activity Center, unwrapping of equipment and parts, disposal of packaging and clean- up, full assembly and set- up/programming of the equipment. Delivery and installation must be coordinated with the Project Manager prior to delivery. Installation must be included in proposed pricing. E. Maintenance: All equipment must include a three (3) year preventative maintenance service agreement. The preventative maintenance is to include a minimum of two (2) service calls per year and be comprised of equipment inspection, cleaning, lubricating, calibrating, and such other tasks as required by the equipment manufacturer. At the City’s option, the preventative maintenance service agreement may be extended one (1) and/or two (2) additional years. Optional preventative maintenance pricing for years four (4) and five (5) must be quoted on attached Bid Schedule. RFP- 8025 Fitness Equipment for Foothills Activity Center Page 4 of 16 F. Training: The awarded vendor will be required to provide on-site training to City Recreation staff on the basic functionality and maintenance of the equipment. Training must be included in proposed pricing. III. SUBMITTAL REQUIREMENTS The following information must be included in the proposal. Required proposal documents must be arranged in the order listed below. 1. Company name and address, as well as the name and contact information of the primary contact. 2. Company profile to include key personnel and roles, service standards and availability, and post-sale support capabilities. Identify turnaround time on equipment repairs and describe the process from initial intake to repair completion. Do you have a loaner program for out-of-service equipment? 3. Equipment descriptions, specifications and brochures (electronic or website address preferred) of each type of equipment proposed. The City may request a product demonstration or trial period. 4. Confirm all equipment can be delivered and installed prior to the opening of the Foothills Activity Center in the Fall of 2015. The specific installation date will be communicated to the awarded vendor(s) when the construction schedule is finalized. Provide installers’ qualifications and if the installation is going to be completed in- house or by a subcontractor. 5. Warranty terms and conditions on the proposed equipment. 6. Three (3) year preventative service maintenance agreement, which states the intervals/frequencies of regular on- site maintenance visits and maintenance to be performed at each visit. 7. Complete attached Bid Schedule and provide individual pricing as well as a package (volume discount) price. All equipment, warranties, delivery (shipping and handling), installation, three (3) year preventative maintenance agreement and training listed under Project Scope must be included in the proposed price. 8. List of three (3) references, with whom the Project Manager can contact, from commercial equipment companies located within 75 miles of Fort Collins in which similar equipment was purchased and installed by the proposing vendor in the past (3) years. Include the name and address of each referenced company, as well as the name, title, and phone number of the contact person. IV. PROPOSAL GUIDELINES Proposals shall be limited to ten (10) pages, excluding brochures. The City reserves the right to reject any proposal exceeding ten pages. RFP- 8025 Fitness Equipment for Foothills Activity Center Page 5 of 16 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 expects to enter into an Agreement with the awarded vendor. The anticipated 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 may include additional terms and conditions in the Agreement after award. The City reserves the right to negotiate the final terms of the Agreement. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. Deviations from Project Scope: It is intended that the vendor shall conform to the Project Scope. Any deviations from the Project Scope must be clearly identified and explained separately in the proposal. V. TIMETABLE The following is a proposed timetable developed for this project. Firms will be notified of any significant changes which might occur: Item: Date: Questions due to the City November 3, 2014 at 5:00 P.M. (our clock) Written proposals due to the City November 12, 2014 at 3:00 P.M. (our clock) Finalist Service Providers notified Week of November 17th, 2014 Contract negotiations (completed) Week of December 1st, 2014 RFP- 8025 Fitness Equipment for Foothills Activity Center Page 6 of 16 BID SCHEDULE COMPANY________________________ Foothills Activity Center - Fitness Equipment Equipment Type Manufacturer/ Type Quantity Cost Per Each Total Cost Treadmills 4 Elliptical 4 Upright Bike 2 Recumbent Bike 2 Stairmill 1 Package Sum (Volume Discount Offer): $___________________________ Optional Preventative Maintenance Year 4: $_________________________ Optional Preventative Maintenance Year 5: $_________________________ Submitted by: Printed: Company: Address: City, State, Zip: Phone: Email: The City reserves the right to award the total package to a single vendor or award to multiple vendors on a line item basis. RFP- 8025 Fitness Equipment for Foothills Activity Center Page 7 of 16 VI. 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 may, at its option, choose the highest ranked firm based on the written proposals. 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 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? 2.0 Cost and Warranty Is the total cost competitive? Is each cost element of the proposed price fair and reasonable? Is the warranty and service maintenance agreement comprehensive? What is the warranty term? 2.0 Firm Capability Does the firm have the support capabilities required to complete the project? Has the firm done previous projects of this type and scope? What is the level of post-sale service and support offered? RFP- 8025 Fitness Equipment for Foothills Activity Center Page 8 of 16 VII. 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 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? RFP- 8025 Fitness Equipment for Foothills Activity Center Page 9 of 16 EXHIBIT A SAMPLE SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days RFP- 8025 Fitness Equipment for Foothills Activity Center Page 10 of 16 from the onset of such condition. 7. 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. Service Provider shall submit invoices to the City monthly. Payment will be made for all undisputed charges via Automatic Clearing House (“ACH”) direct account-to- account electronic deposit within thirty (30) days of receipt of an invoice. The Service Provider herein agrees to execute the applicable direct deposit authorization form. 9. 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. 10. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 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 RFP- 8025 Fitness Equipment for Foothills Activity Center Page 11 of 16 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 or benefits provided to the City under this Agreement or cause of action arising out of 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 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 RFP- 8025 Fitness Equipment for Foothills Activity Center Page 12 of 16 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. 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 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. 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. 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. RFP- 8025 Fitness Equipment for Foothills Activity Center Page 13 of 16 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 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- 8025 Fitness Equipment for Foothills Activity Center Page 14 of 16 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE Date:_____________________________ RFP- 8025 Fitness Equipment for Foothills Activity Center Page 15 of 16 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 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 $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- 8025 Fitness Equipment for Foothills Activity Center Page 16 of 16 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.