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HomeMy WebLinkAboutRFP - 8107 ATHLETIC FIELD SCOREBOARDS8107 Athletic Field Scoreboards Page 1 of 24 REQUEST FOR PROPOSALS (RFP) 8107 Athletic Field Scoreboards The City of Fort Collins (City) is requesting proposals from qualified firms or companies capable of providing, delivering, installing and warranting field scoreboards and controls for designated Fort Collins Park sites. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), April 27, 2015 and referenced as Proposal No. 8107. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the RFP should be directed to Jill Wuertz at (970) 416-2062 or jwuertz@fcgov.com. Questions regarding submittal or process should be directed to Jill Wilson, Buyer at 970-221- 6216 or jwilson@fcgov.com. All questions must be submitted in writing via email to Jill Wuertz, with a copy to Jill Wilson, no later than 5:00 PM our clock on April 17, 2015. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. A copy of the RFP may be obtained at 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. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the 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 8107 Athletic Field Scoreboards Page 2 of 24 Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management 8107 Athletic Field Scoreboards Page 3 of 24 REQUEST FOR PROPOSALS (RFP) 8107 Athletic Field Scoreboards I. GENERAL INFORMATION A. Purpose of Solicitation The City of Fort Collins (City), is requesting proposals from qualified firms or companies capable of providing, delivering, installing and warranting field scoreboards and controls for designated Fort Collins Park sites. Park sites considered in this RFP are: Rolland Moore Park, located at 2201 S. Shields Street; Fossil Creek Park, located at 5821 S. Lemay Avenue; and Lee Martinez Park, located at 600 N. Sherwood Street. This RFP will define the performance and design standards for a scoreboard project. It will establish a work order system for contracting various forms of replacement, repair, maintenance and controls. The first two projects (Rolland Moore and Fossil Creek) are currently funded and will be issued as part of this RFP process. Subject to appropriations of funds, Lee Martinez Park may be considered in this project, solely at the discretion of the City. It shall be the responsibility of the Service Provider to supply the equipment that meets the criteria contained within this RFP, and to install systems in accordance with all applicable national, state, and local codes and laws. B. Background In November 2010, Fort Collins voters passed a sales tax to fund critical services for the community. This tax provides funding for lifecycle improvements within the Fort Collins Parks Department (FCPD). The Parks Lifecycle program, initiated in 1993, supports repair and renovation of over 1,000 varied Park assets within many different component categories including: hardscapes, buildings, fields, trails, courts, structures, playgrounds, irrigation, medians, water, ADA improvements, and miscellaneous park components. FCPD maintains lighted ball fields at City Park (2 fields), Edora Park (2 fields), Fossil Creek Park (2 fields), Lee Martinez Park (2 fields) and Rolland Moore Park (4 fields). Additional fields are also currently in planning stages. Please see Section C below for scoreboard status at these Parks. This proposal seeks to establish a work order system for scoreboards at these fields. The following chart lists possible work orders that the Fort Collins Life Cycle program is considering but not limited to. Year Park Scope Status 2015 Rolland Moore Replace existing scoreboards at 4 fields. Fully funded 2015 Fossil Creek Replace existing scoreboards at 2 fields. Fully funded 2016 Lee Martinez Replace existing scoreboards at 2 fields. 8107 Athletic Field Scoreboards Page 4 of 24 C. Life Cycle Inventory of Ball Fields with Lights Component Number Component Year Park Built Scoreboard Park F104 Field 1911 Yes CITY PARK F105 Field 1911 Yes CITY PARK F106 Field 1971 No EDORA F107 Field 1971 No EDORA F133 Field 2003 Yes FOSSIL CREEK F134 Field 2003 Yes FOSSIL CREEK F109 Field 1976 Yes LEE MARTINEZ F110 Field 1976 Yes LEE MARTINEZ F116 Field 1983 Yes ROLLAND MOORE F117 Field 1983 Yes ROLLAND MOORE F118 Field 1983 Yes ROLLAND MOORE F119 Field 1983 Yes ROLLAND MOORE D. Project Specifications See attached Exhibit “A”, Product Requirements and Technical Specifications, consisting of four (4) pages and incorporated herein by reference, for project scope requirements. Existing scoreboard specifications and pictures are attached as Exhibit “B”, consisting of two (2) pages and incorporated herein by reference. II. SCHEDULE 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 April 17, 2015 5:00 p.m. Written proposals due to the City April 27, 2015 3:00 p.m. Finalist Service Providers notified Week of May 4th, 2015 Finalists interviews (at the City’s option) Week of May 11th, 2015 Notice of Intent to Award letters issued Week of May 18th, 2015 Contract negotiations (completed) Week of June 1th, 2015 8107 Athletic Field Scoreboards Page 5 of 24 III. SUBMITTAL REQUIREMENTS A. Proposal Documents The following information must be included in the proposal. Required proposal documents must be arranged in the order listed below. Proposals that do not contain all the information requested below may be rejected as non-responsive. See Section VI, Evaluation Scoring Matrix, for more information regarding the scoring factors enlisted for this RFP. 1. Company name and address, as well as the name and contact information of the primary project contact. 2. Cost for Project Services: Propose pricing using attached Exhibit “C”, Bid Schedule, consisting of one (1) page and attached herein. All Items listed in the Bid Schedule must include pricing to be considered responsive, including 1 replacement scoreboard in the event a work order is submitted for another ball field (see Section I.C of this RFP for ball field listings). Include the maximum guaranteed price for providing and delivering scoreboard services. Costs should be based on information contained within this RFP and attached specifications. 3. Experience: Describe your firm’s history. Identify the firm’s success with installation of systems in Colorado with similar specification requirements and schedule. Identify your firm’s principal office location(s); include information identifying annual volume, and financial capabilities. Identify which projects(s) you have previously completed successfully, if any, that are similar to this project in terms of size, scope and scheduling. 4. Product Support Capabilities: Submit product support options and/or pricing, outlining how your organization will provide long term support for FCPD. 5. Warranty: Submit information on product warranty. 6. If Proposer is a partnership or joint venture, information must be provided for each partner or joint venturer, and each partner or joint venturer must sign the Proposal and any contracts on behalf of both itself and the Proposer, and each will be jointly and severally liable. 7. List of three (3) references, with whom the Project Manager can contact, from organizations in which similar work has been performed by the proposing firm within the last two (2) years. Include the name and address of each referenced company, as well as the name, title, and phone number of the contact person. B. Site Assessment The City recommends the Proposers examine the Park sites before submitting a Proposal, as defined in the first paragraph of Section I.A of this RFP. The currently occupied premises at the Park sites are open for examination by Proposers. IV. PROPOSAL GUIDELINES Proposals shall not exceed 20 single-sided, 8-1/2 x 11-inch, white paper pages (regardless of the text equivalency in page length), including pictures, charts, graphs, tables and text. Proposers shall make every effort to use no less than a 12-point font and no less than 1-inch margins for the text portion of their Proposals. The City reserves the right to reject any proposal exceeding these limits or that are deemed illegible or too difficult to read. 8107 Athletic Field Scoreboards Page 6 of 24 The City assumes no responsibility for liability for any costs vendors may incur in responding to this RFP; including, but not limited to, interviews, site visits and/or contract negotiations. Each Proposal constitutes a Firm Offer, and shall remain subject to initial acceptance ninety (90) days after the day of submittal. Any changes or additions to the RFP content developed after the release of the RFP shall be addressed in addendum form. The City may reject any Proposal not in compliance with all prescribed public procurement procedures and requirements, and may cancel this solicitation or reject for good cause any or all Proposals as deemed necessary by the City. In evaluating the Proposals, the City may seek information from a Proposer to clarify the Proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the Proposal. Proposers are responsible for carefully reading all the terms and conditions contained in the RFP; including the terms and conditions contained in the attached sample Agreement, exhibits or schedules to the RFP, and for all RFP instructions given. The City reserves the right to consider a Proposal or Proposals in whole or in part and to determine the responsiveness of a Proposal by reference to the Proposal taken as a whole. Proposers shall be held to the terms submitted in their Proposals. Failure to meet these obligations will result in cancellation of acceptance of any apparent successful Proposal. It is intended that the Proposer shall conform to the Scope of Services and attached Sample Services Agreement (Agreement). Any deviations from the Scope of Services and/or Agreement must be clearly identified and explained separately in the proposal. Commodity Code used for this RFP is 80563- Scoreboards, Sports. V. PROPOSAL EVALUATION PROCESS A selection committee will evaluate Proposals for conformity to stated Submittal Requirements in Section III of this RFP, as well as content and quality of the responses. The City will make a determination of the Proposal that is the most advantageous to the City, based on the evaluation criteria, as described in Section VI, Evaluation Scoring Matrix, contained below in this RFP. The City intends to award the contract to the Proposer that:  Presents the best capabilities, approach and value to provide the required product and services as outlined in this RFP; and  Best demonstrates its understanding of athletic field scoreboards as evidenced by the quality of the suggested services. VI. EVALUATION SCORING MATRIX Proposers will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. The City may, at its option, choose the highest ranked firm based on the written proposals only. 8107 Athletic Field Scoreboards Page 7 of 24 Evaluation Criteria Points 1. Cost for Project Services 40 2. Experience / Other Installations 20 3. Product Support Capabilities 20 4. Warranty 20 TOTAL 100 VII. AWARD & SELECTION NOTICE Based on the results of the submitted Proposals, and optional interview sessions, a notice of selection will be sent to all Proposers. Following selection, 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 “D”, consisting of ten (10) pages and incorporated herein by reference; however, the City may include additional terms and conditions in the Agreement as deemed necessary. Exhibits and/or information contained in this RFP may be incorporated in the subsequent contract, at the City’s option. If the negotiations are not successful, the City will negotiate with the next highest ranked firm(s) until an agreement is reached or the City decides to terminate the selection process. 8107 Athletic Field Scoreboards Page 8 of 24 EXHIBIT A PRODUCT REQUIREMENTS AND TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: Exterior, single sided, electronic LED baseball/softball scoreboards including control center for complete functional installation. 1.2 REFERENCES A. National Electrical Code (NEC). B. Federal Communications Commission, Part 15 Rules & Regulations, EN60950-1, EN55022 & EN55024. C. UL and C-UL Standard for Electric Signs. 1.3 SUBMITTALS A. Submittal Procedures: 1. To minimize the environmental impact of multiple paper copies, product installation prints, instructions and diagrams of manufacturer will be submitted in a paperless fashion. The end user shall receive all pertinent hard-copy documentation at delivery. 2. Product data for scoreboards, controls, and accessories shall include descriptions of control functions etc. 3. Shop drawings: Submit mechanical and electrical drawings. a. Installation drawings, face layout, dimensions, construction, electrical wiring diagrams, and method of anchorage. 4. Copy of guarantee required by Paragraph 1.6 for review by Project Manager. 5. Manufacturer's installation instructions. 6. Manufacturer’s operation and maintenance manual. 7. Finish Samples. 1.4 DELIVERY, STORAGE, AND HANDLING A. Product delivered on site. B. Scoreboard and equipment to be housed in a clean, dry environment. 1.5 QUALITY ASSURANCE A. Source limitation: All components including scoreboard, control center, control cable, and other accessories and installation hardware shall be products of a single manufacturer. B. Manufacturer qualifications: Company specializing in manufacturing electronic scoreboards with 10 years minimum successful experience in Colorado. C. Scoreboards shall be designed for exterior installation with weatherproof housing and optical isolation circuitry to reduce potential damage from electrical storms. D. Should service be necessary, specialized personnel shall not be required. Modular “plug and play” components will be housed in an internal protective enclosure. 8107 Athletic Field Scoreboards Page 9 of 24 E. Scoreboards and other electrical components shall be certified for use in United States by Underwriter Laboratories, (UL) Inc. and shall bear either UL or C-UL label only. F. Scoreboards and other electrical components shall be electrically grounded in accordance with National Electrical Code (NEC), Article 600. G. Scoreboard cabinetry and attachment shall meet or exceed the 2009 IBC standard of 100 mph wind loading. 1.6 GUARANTEE A. Provide Closeout Submittals: Guarantee to cover defects in materials and workmanship. 1. 5 years parts and factory labor guarantee for scoreboards, wireless controls and accessories from invoice date. 2. Lifetime telephone support. PART 2 - PRODUCTS 2.1 MATERIALS A. Aluminum faces and perimeter frame: Powder coated aluminum. B. Finish: Color to be Forest Green. 1. Provide white striping to separate scoreboard features. C. Brackets: Integrated universal bracket system. D. Fasteners, anchors, and other exposed hardware: Corrosion resistant. E. Electronics: Low voltage, solid state, 2-wire cable, multiplex system, quartz crystal controlled. F. Provide optical communication circuitry to reduce threat of damage from electrical storms and ESD. G. LED (Light Emitting Diode) units: Seven-bar, segmented digits with protective aluminum cover, rated typical life 100,000 hours and be designed to provide excellent visibility from all angles and sides. H. Junction boxes where required: Sheet metal box and cover, complying with NEMA standards. I. Gasketed Digits: Digit faces shall contain an integrated seal to guard against moisture intrusion. 2.2 SCOREBOARD A. Type: Exterior, electronic, multi-purpose baseball/softball scoreboard with LED displays for inning/period and scores and LED indicators for balls, strikes, outs, hits, and errors. 1. White on black captions, [10 inches] [254 mm] high: "MIN", "SEC", "HOME", "GUESTS", "INNING/PERIOD", "BALL", "STRIKE", "OUT", "H", and "E". 2. High Intensity Red LED displays, 12 inch-18 inch high digits: a. Scores and inning/period. b. Bi-directional timing: 1) Up count: Minutes and seconds separated by colon. 2) Down count: Minutes and seconds separated by colon. During final minute, 1/10th seconds are displayed, separated by a decimal. 3. High Intensity Red LED circular indicators: 3 for balls, 2 for strikes, 2 for outs, 1 8107 Athletic Field Scoreboards Page 10 of 24 for hit, and 1 for error. 4. Horn: Equip scoreboard with integral horn. 5. Power requirement: Must work with existing electrical equipment. Requires earth ground accordance with NEC. 2.3 CONTROL CENTER A. Type: Wireless, microprocessor based operator's control center designed to operate different models of scoreboard by interchange of keyboard overlay. 1. Console: High impact, break-resistant black plastic with improved UV resistance. 2. Features: a. Provide with LED displays, lithium cell battery backup to maintain scoreboard memory and time of day, self-test mode, power on-off switch, alternate time control, and multiple scoreboard operation. b. System Profiles feature set all parameters of operation including choice of controlled accessories and scoreboards. c. Keyboard 3. Provide option of battery supply for control operation if utility power not available. 4. Provide carrying case for control center, cable, and hand-held switch. 5. Maximum range: 1,000 feet from control center to receiver. B. Type: Handheld wireless, basic, AA battery operated, sport specific, control center with receiver unit mounted at scoreboard. 1. Unit shall comply with Part 15 of FCC Rules and Regulations. 2. Control unit: High impact, break-resistant black ABS plastic 3. Features: b. Wireless operation within 1000 feet. c. Operate multiple scoreboards simultaneously. d. System allows multiple controllers to link to individual scoreboards. e. High visibility LCD display with a sealed keyboard. f. Long battery life with indicator; include two AA batteries. g. Single hand operation with a no slip grip. h. Built-in belt clip. i. Wireless signal strength meter and internal antenna. 4. Power adapters: Provide for each scoreboard receiver. j. Input: 120 volts, 0.4 amps, 50/60 Hz. k. Output: 9 volts, 1.67 amps, 15 watts. 5. Provide carrying case for up to two control centers. 6. Provide suitable, RF transparent, NEMA 4 enclosure for receiver, to be located upon scoreboard supporting structure per installation diagrams. PART 3 - EXECUTION 3.1 PREPARATION A. Verify exact scoreboard and control center quantities and junction box locations with Project Manager. B. Field measurements: Verify position and elevation of structure and its layout for scoreboard equipment. Verify dimensions by field measurements. Verify mounting 8107 Athletic Field Scoreboards Page 11 of 24 structure is capable of supporting the scoreboard's weight and windload in addition to the auxiliary equipment. C. Utilize existing electrical power, concrete, steel erection, auxiliary framing and supports, suspension cables, and other components and ensure adequate provisions are made for complete, functional installation of scoreboards. D. Coordinate scoreboard electrical requirements to ensure proper power source, conduit, wiring, and boxes are provided. Prior to installation, verify type and location of power supply. 3.2 INSTALLATION A. Install scoreboards and accessories in accordance with manufacturer's instructions and approved installation drawings. Verify unit is plumb and level. B. Before installation, field test scoreboards and accessories for operating functions. Ensure that scoreboards accurately perform all operations. If applicable, correct any deficiencies. C. Rigidly mount scoreboards and accessories level and plumb with brackets and fasteners. D. Clean exposed surfaces. E. Protect scoreboards and finishes from other construction operations. 3.3 DEMONSTRATING AND TRAINING A. Provide demonstration and training session for the City’s Representative, covering operation and maintenance of electronic scoreboard. 8107 Athletic Field Scoreboards Page 12 of 24 EXHIBIT B EXISTING SCOREBOARDS 1. Fossil Creek existing scoreboards (2 each): Existing scoreboards measure 9’ wide x 6’ 4 ¼” tall and 6” deep. They are mounted 10’ off the base on 4” x 4” steel poles. The poles are 6’ 1” center to center. For existing electrical information, contact Bryan Garrett 970-566-7046 or BGarrett@fcgov.com . 8107 Athletic Field Scoreboards Page 13 of 24 2. Rolland Moore existing scoreboards (4 each): Existing scoreboard is 9’ ¼” wide x 56 ½” tall x 6” deep. Poles are 14’ 6” above ground, spaced at 8’ center to center, 6” wide I beams. For existing electrical information, contact Bryan Garrett 970-566-7046 or BGarrett@fcgov.com . 8107 Athletic Field Scoreboards Page 14 of 24 EXHIBIT C BID SCHEDULE ITEM PRICE UNIT Rolland Moore 4 Scoreboard replacements Lump Sum(LS) Fossil Creek 2 Scoreboard replacements Lump Sum(LS) Lee Martinez 2 Scoreboard replacements Lump Sum(LS) 1 Scoreboard replacement, Work Order PER FIELD (LS) Cost by hour for technician that can perform maintenance Per Hour Cost for controller replacement One controller 8107 Athletic Field Scoreboards Page 15 of 24 EXHIBIT D SAMPLE SERVICES AGREEMENT - WORK ORDER TYPE (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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of ( ) page(s) and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $ . The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 8107 Athletic Field Scoreboards Page 16 of 24 4. Contract Period This Agreement shall commence , 200 and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: Jill Wuertz PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and 8107 Athletic Field Scoreboards Page 17 of 24 upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 8107 Athletic Field Scoreboards Page 18 of 24 c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 8107 Athletic Field Scoreboards Page 19 of 24 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. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. 8107 Athletic Field Scoreboards Page 20 of 24 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. 8107 Athletic Field Scoreboards Page 21 of 24 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ Gerry S. Paul Director of Purchasing and Risk Management Date:_________________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney By:____________________________________ _______________________________________ Print Name Title____________________________________ Date: _______________________________ 8107 Athletic Field Scoreboards Page 22 of 24 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________ 8107 Athletic Field Scoreboards Page 23 of 24 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 8107 Athletic Field Scoreboards Page 24 of 24 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.