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HomeMy WebLinkAboutRFP - 8026 FURNITURE FOR NEW UTILITIES ADMINISTRATION BUILDINGRFP 8026 Furniture for New Utilities Administration Building Page 1 of 26 REQUEST FOR PROPOSAL 8026 FURNITURE FOR NEW UTILITIES ADMINISTRATION BUILDING The City of Fort Collins will be constructing a new office building starting in May of 2015. Completion is expected May of 2016. The intent of this request is to select a vendor to supply all the furniture for the new building and for that vendor to work through the design process with the project team as a vested partner. This will allow the coordination of the furniture systems layouts with the building design to minimize the delays often involved in furnishing a new building. Furniture will include systems furniture and freestanding furniture. 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), December 12, 2014 and referenced as Proposal No. 8026. If delivered, they are to be sent to 215 North Mason Street, 2 nd 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, national origin for all proposals for negotiated agreements. A pre-proposal meeting will be held at 1:30 PM on November 6, 2014 at the Operations Services Building located at 300 LaPorte Ave, Building B, Fort Collins. Questions concerning the scope of the project should be directed to Project Manager, Jennifer Harvey at (970) 221-6848 or jharvey@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Jennifer Harvey, with a copy to Doug Clapp, no later than 5:00 PM (our clock) on November 21, 2014. Questions received after this deadline will not be answered. A copy of the Proposal may be obtained online from the Rocky Mountain E-Purchasing system at: www.rockymountainbidsystem.com. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8026 Furniture for New Utilities Administration Building Page 2 of 26 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. 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 8026 Furniture for New Utilities Administration Building Page 3 of 26 Request for Proposal 8026 Furniture for New Utilities Administration Building General Information The City of Fort Collins will be constructing a new office building starting in the first quarter of 2015. Completion is expected May of 2016. The intent of this request is to select a vendor to supply all the furniture for the new building and for that vendor to work through the design process with the project team as a vested partner. This will allow the coordination of the furniture systems layouts with the building design to minimize the delays often involved in furnishing a new building. Furniture will include systems furniture and freestanding furniture. While the exact building layout and dimensions are not yet finalized, it is anticipated that the building will be a three story structure and approximately 37,500 square feet. The foot print will be approximately 32’ deep and 134’ wide with a central core. The spaces will be flexible usage that encourages innovation and collaboration. Current information calls for: Private Office PO-3 140 square feet Quantity = 7 Workstation WS-1 80 square feet Quantity = 19 Workstation WS-2 64 square feet Quantity = 124 Workstation WS-3 32 square feet Quantity = 24 Collaboration CO-1 4-6 people Quantity = 6 Small Conf. CO-2 10-12 people Quantity=3 Medium Conf. CO-3 15-20 people Quantity=2 Large Conf. CO-4 20-25 people Quantity=1 Training CO-5 80 people Quantity=1 Phone Booth PB-1 Individual Quantity=2 Coffee Bar CB-1 180 square feet Quantity=2 Lunch Room LR-1 600 square feet Quantity=1 Quiet Room QR-1 120 square feet Quantity=1 Lobby LB-1 700 square feet Quantity=1 Please note that these quantities are likely to change, but are suitable for the purposes of this proposal. Schedule for RFP process Pre-Bid meeting: November 6, 2014 at 1:30pm • Operation Services, 300 LaPorte Building B, Fort Collins Last opportunity to ask questions: November 21, 2014 by 5:00 pm RFP 8026 Furniture for New Utilities Administration Building Page 4 of 26 Final addendum issued: December 2, 2014 RFP due to City purchasing department: December 12, 2014 by 3:00pm Notification to vendors: January 9, 2015 Product Review / Showroom tours: January 21, 2015 or January 22, 2015 Interviews with top 4 vendors: January 28, 2015 Award to Vendor: Week of February 2, 2015 Mock-ups due (Mock-up will stay up a minimum of 90 days) April 3, 2015 Anticipated construction started: May 1, 2015 Anticipated Installation of product: April 1, 2016 Requirements The City of Fort Collins desires to have a furniture vendor provide design assistance, guidance, and procurement of furniture and furniture systems. The selected vendor must be able to work with both the City of Fort Collins and RNL Architects to perform these tasks and selections. These services are to be included in a single Professional Services Agreement. • Development of furniture typicals with creative ideas • Selection of products • Procurement of products ? • Installation of products and removal/disposal of all packaging materials • Maintenance of products as per the warranty • Sustainability – 3 rd party certification and / or manufactures initiatives • Education of design team on new products that might be appropriate for this project In the event it becomes necessary to revise any part of the “Request for Proposal” a written addendum will be issued. Each Proposal shall state that it is valid for a period of not less than ninety (90) days from date of proposal opening. Further, the City of Fort Collins retains the right to reject all proposals and re-solicit, if deemed to be in the best interest of the city. In the interest in minimizing maintenance and reconfiguration problems over the life of the furniture, the City prefers to have a single manufacturer. Furniture within the manufacturer owned family will be accepted. Ancillary furnishings can be other manufacturers. Notwithstanding this requirement, the City may, at its option, furnish portions of the new building with products from other manufacturers, outside of this contract. More than one style may be bid if complete information is provide for each style and submitted on separate bid forms. All furniture must be highly durable, ergonomic and meet BIFMA standards. RFP 8026 Furniture for New Utilities Administration Building Page 5 of 26 Steel must be between 16 gauge to 20 gauge – exceptions for minor pieces will be reviewed as needed. Work surface tops must meet or exceed 1 1/8” solid core high density particle with a high pressure applied laminate surface. The City of Fort Collins requires LEED Gold or higher on projects, and has the expectation that the furniture will assist in meeting that requirement. All material and sustainability cut sheets must be included as a part of the submitted proposal. Pre-bid meeting is not required, yet it preferable that companies are present if possible. Catalogs and price lists must be provided with the bid for all furniture pieces proposed. Pricing worksheet should show the list price and the applicable discount including available local or state contracts. List out which contract you are using for pricing and your registration number for that contract. See the attached spreadsheet format. The top four vendors based on the written proposals will be invited to interview. Access to see the physical product must be provided prior to the interviews. This can be accomplished through scheduling a tour of a local showroom that will last for 45 minutes with the 5 members of the owner’s team. The tours will be scheduled after the submission of the proposals. In order to submit a proposal, each vendor must have successfully completed at least three (3) new furniture installations similar in scope to this project and over $750,000 within the last 3 years. The hired vendor must provide all drawings that relate to the project in an appropriate format, AutoCAD, Revit, or Sketchup, to the City Facility Designer at the end of the project or upon request. The City is currently running AutoCAD 2015, Revit 2015, and Sketchup 2014. The architectural backgrounds will be provided in Revit 2014, preferred, unless you require AutoCAD. Responses Required Please keep responses concise. Packets should not be more than 25 pages – not including drawings, brochures, or pricelists. Refer to the numbers listed below in your responses. 1. Vendor History a. Number of years in partnership with primary furniture vendor b. Number of years in business c. Philosophy of the needs of a changing work environment d. Personnel profiles and responsibilities for individuals that would be working on this project RFP 8026 Furniture for New Utilities Administration Building Page 6 of 26 e. Response to requests for modifications after installation. Including timing for parts or labor if something needs to be fixed or reworked f. Staff capacity for design, purchase, and warranty work g. Availability of local technicians to perform the work h. Processes that you have in place for Quality Assurance / Quality Control i. Unique core competencies that will help you on this project 2. Manufacturer Information a. Provide a letter certifying the vendor as the authorized resellers/distributors in Northern Colorado b. Support provided to local vendor c. Will manufacturer fulfill customer service role should your company cease to exist? d. Manufacturer history e. Philosophy of the needs of a changing work environment f. Sustainability practices and certifications g. Schedule to manufacturer the needed materials for this project 3. Previous Projects / References a. Provide size, scope and contact information for projects of similar or larger scale completed within the last five years b. If three or more projects have not been completed in the last five years by the proposed project team, provide three references that have worked with the staff proposed for the projects. References cannot come from anyone on the project team including the City of Fort Collins, RNL Architects, or Adolfson and Peterson Construction 4. Product Requirements a. All furniture must be freestanding and not mount to the walls. An exception will be considered only for overheads in PO-3 b. Tile based system – Describe how tiles are constructed c. Indicate specific line that you are proposing i. Include a listing of options that are available within the line even if you are not proposing them ii. Does line have the option to run power or data through the panels? iii. Option for task lighting that can connect to the furniture d. Furnishings should encourage flexibility, innovation, and collaboration in use and design e. Multiple modes of works style must be accommodated so that employees have options to choose from to best suit their changing need. f. Furniture shall be of a medium grade and price, suitable for a general office environment g. Furniture is frequently reconfigured so the proposed system should be able to withstand being able to be broken down, stored, and reset. Durable construction is a must. i. Describe reconfiguration process RFP 8026 Furniture for New Utilities Administration Building Page 7 of 26 ii. Will new components need to be order each time? iii. Local technician or technician available within 24 hours? If non- local technician will travel be charged back to the City during warranty or post-warranty service? iv. Lead time if parts are needed v. Is there a minimum order for future parts? h. Provide floor plans and 3D renderings for typical workstations i. Greenguard or third party sustainability certification? j. System needs to be able to be added to with like or coordinating parts for at least 15 years. Long life cycle for all parts k. Lockable storage must be included for each person. l. Easy maintenance m. Looking for a vibrant feel that will be able to have a timeless quality n. At least one section of each desk should be height adjustable to move between sitting and standing to provide better ergonomic options in WS-1, WS-2, and PO-3. o. Chairs i. Desk chairs should have high ergonomic functionality along with durable construction and finishes. ii. List task chairs as a separate line item. The City has an ergonomic program and will have the option to purchase task chairs through that program rather than this RFP. iii. Chairs for community spaces (lobby, break room conference rooms, etc) will be included in this RFP p. Finishes & Upholstery i. Standard options within the line. No custom colors or patterns ii. Upholstery must be over 75k double rub iii. All final selections will be reviewed and approved by the Facility Designer and the project Interior Designer. q. Open office with low walls between stations. Walls will be between 42” – 54” r. Connecting pieces should be all metal. Plastic is not acceptable. s. Stock will be added to the final order to have the most common parts and pieces available in our warehouse t. Warranty information on each component u. Samples required i. Proposals must include the pricing worksheet for all sample furniture listed in Exhibit A, attached. The sample workstations and furniture pricing are intended to facilitate a fair method of comparisons between proposals and are not intended to represent the eventual mix of furniture products used in the building. ii. If your proposal is selected, at a minimum a mockup of WS-2, WS- 3, and CO-1 must be installed within an existing City facility. Mockup will remain in place for a minimum of 90 days. iii. Samples of all proposed options for materials and finishes shall be submitted to the design team. RFP 8026 Furniture for New Utilities Administration Building Page 8 of 26 5. Purchasing Restrictions The proposer’s authorized signature on the proposal assures the team’s compliance with City of Fort Collins’ purchasing restrictions. A copy of the restrictions is available for review in the Purchasing and Risk Management Division or the City Clerk’s Office. City of Fort Collins’ Resolution 91-121 requires that suppliers and producers of cement, or products containing cement, to certify that the cement was not made in cement kilns that burn hazardous waste as fuel. 6. Building design and construction standards manual The City of Fort Collins has developed a Building Design and Construction Standards Manual. This manual will be available for use by the selected team and can be downloaded at the following address: http://www.fcgov.com/opserv/design-standards.php. 7. State Taxation The City of Fort Collins is exempt from all state and local taxation including sales and use taxes. RFP 8026 Furniture for New Utilities Administration Building Page 9 of 26 PROPOSAL EVALUATION CRITERIA Vendors will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated vendors will be held. 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 3.0 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 vendor 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 Vendor Capability Does the vendor have the support capabilities the assigned personnel require? Has the vendor done previous projects of this type and scope? RFP 8026 Furniture for New Utilities Administration Building Page 10 of 26 Reference Evaluation (Top Rated Vendor) 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? RFP 8026 Furniture for New Utilities Administration Building Page 11 of 26 Exhibit A Panels & Materials Panel heights should be no greater than 54” so that individuals have privacy when seated and easy communication when standing; lower panels are preferred where appropriate. Panels should have a noise reduction coefficient (NRC) greater than or equal to 0.75. Sound transmission class (STC) shall be greater than or equal to 45. When seated, an individual should have a privacy index (PI) between 85-95% so the Articulation Index (AI) will be in the range of 0.15-0.05. [If you have a concern about these standards, please submit a comment in writing to the project contact, Jennifer Harvey Facility Designer jharvey@fcgov.com] Desks & Storage All workstations (WS-1, WS-2, PO-3) shall have at least one surface that is not attached to a panel and is pneumatic height adjustable that will move at least between 28” and 48”. All workstations must include task lighting that the individual can control. Modesty panel to be included on each space, if work surfaces that are not attached to a panel. The panel should not be load bearing and easily removed if required. Overhead storage cabinets must not flip on top of the unit when open. At least one set of lockable storage for each individual. Design Guidelines Creation of a collaborative and innovative environment that still maintains spaces for individuals to work on sole pieces of a project in a semi-private setting. Conference & Collaboration Rooms Easy to move furniture that can accommodate multiple configurations. A variety of heights should be made available throughout the building, ie seated 30” height and bar height. Spaces will be equipped with AV equipment as appropriate. AV components will be purchased in a separate RFP process, but furnishing should allow for raceways, electrical and AV to the extent possible. Chairs Task chairs to be highly adjustable for proper ergonomics. Steel frame, 5 leg pedestal base with casters. Seat and back to be fully upholstered. Arms must clear the underside of all work surfaces. Arms to be fully adjustable steel reinforced contoured soft integral foam with a long lasting covering. Controls pneumatic cylinder for 5” seat height adjustment, 5 degrees forward seat position with lock + dynamic motion through 20 degrees total range level seat position with lock + dynamic motion through 15 degrees. Conferences, collaboration, break room chairs should all be easy to move and have arms that slide easily under the proposed table for each space. RFP 8026 Furniture for New Utilities Administration Building Page 12 of 26 The attached images are to be used for pricing purposes and are not representative of a final layout. Design will be worked out with vendor and the design team. RFP 8026 Furniture for New Utilities Administration Building Page 13 of 26 RFP 8026 Furniture for New Utilities Administration Building Page 14 of 26 The following worksheet must be filled out and submitted as part of your proposal. Code Item Quantity Manufacturer and Line List Price % Dis. Warranty (In Years) Unit Cost Extended Cost C1 Ergonomic task chair 174 C2 Side and conference chairs 412 T1 30" Round table 7 T2 Table for 4-6 people 6 T3 Table for 10-12 people 3 T4 Table(s) for 15-20 people 2 T5 Table(s) for 20-25 people 1 T6 Training style tables to accommodate 80 people RFP 8026 Furniture for New Utilities Administration Building Page 15 of 26 WS1 Workstation, panels, and storage based on image 1 19 WS2 A Workstation, panels, and storage based on image 1 114 WS2 B Workstation, panels, and storage based on image 1 10 WS3 Workstation, panels, and storage based on image 1 24 WS4 Workstation and storage based on image 2 7 TOTAL COST RFP 8026 Furniture for New Utilities Administration Building Page 16 of 26 SAMPLE SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [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 RFP 8026 Furniture for New Utilities Administration Building Page 17 of 26 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. 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. 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 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 RFP 8026 Furniture for New Utilities Administration Building Page 18 of 26 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, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 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 RFP 8026 Furniture for New Utilities Administration Building Page 19 of 26 will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights 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 RFP 8026 Furniture for New Utilities Administration Building Page 20 of 26 and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal 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 RFP 8026 Furniture for New Utilities Administration Building Page 21 of 26 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: RFP 8026 Furniture for New Utilities Administration Building Page 22 of 26 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease RFP 8026 Furniture for New Utilities Administration Building Page 23 of 26 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 ( ) pages, attached hereto and incorporated herein by this reference. RFP 8026 Furniture for New Utilities Administration Building Page 24 of 26 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 __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ RFP 8026 Furniture for New Utilities Administration Building Page 25 of 26 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 8026 Furniture for New Utilities Administration Building Page 26 of 26 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.