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HomeMy WebLinkAboutRFP - 8230 MOVING SUPPORT SERVICES (2)RFP 8230 Moving Support Services Page 1 of 18 REQUEST FOR PROPOSAL 8230 MOVING SUPPORT SERVICES The City of Fort Collins is requesting proposals from qualified firms to to provide moving services for relocation of furniture, fixtures, equipment, supplies, files, books, and other items used in City of Fort Collins facilities on an as-needed basis. The contractor shall supply all the supervision, labor, equipment and materials, rigging, tools, supplies, incidentals, vehicles, and services required to perform moving services as requested by the City and to ensure the smooth an on-time relocation of the offices specified by the City. 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), February 26, 2016 and referenced as Proposal No. 8230. 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. A MANDATORY pre proposal conference and job walk will be held at 9AM, on February 17, 2016, at Utilities Services Center, 700 Wood Street, Fort Collins. Questions concerning the scope of the bid should be directed to Chad Mapp, Project Manager, at (970) 221-6227 or cmapp@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Chad Mapp, with a copy to Elliot Dale, no later than 5:00 PM our clock on February 19, 2016. Questions received after this deadline will not be answered. 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 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 8230 Moving Support Services Page 2 of 18 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 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 Purchasing Director RFP 8230 Moving Support Services Page 3 of 18 PROJECT OVERVIEW The intent of this Request for Proposal is to obtain the services of a qualified contractor to provide moving services for relocation of furniture, fixtures, equipment, supplies, files, books, and other items used in City of Fort Collins facilities on an as-needed basis. The contractor shall supply all the supervision, labor, equipment and materials, rigging, tools, supplies, incidentals, vehicles, and services required to perform moving services as requested by the City and to ensure the smooth an on-time relocation of the offices specified by the City. This Agreement will be a Services Agreement: Work Order-type, whereas the price of each Work Order shall not exceed $75,000. See below for a copy of the Sample Agreement. GENERAL SCOPE OF WORK AND REQUIREMENTS Moving services shall include, but are not limited to, moving of office furniture, system furniture, supplies and equipment, computer equipment, vertical and lateral files, cabinets, boxes, files, books, pictures, within a building or from one building to another, or different locations within the City including pickup, delivery, placement, furniture reassembly, and removal of moving debris. The City does not guarantee any volume of work and services will be on an as-needed basis. 1. PROJECT NOTICE AND WORKING TIMES. The City will endeavor to provide ten (10) day notice prior to scheduling each major move. However, quick response to short notice requests by the City’s authorized representative for minor moves will be required. Moves are generally done during normal working hours, Monday through Friday 7:00 AM to 5:00 PM. Some moves may be scheduled after working hours to minimize the interruption of staff and public services. Bidding Contractor shall provide labor rates for regular time (7:00 AM to 5:00 PM) and overtime rates (after 5 PM). 2. PREPARATION. The City intends that its employees will pack and prepare the contents of all desks, credenzas, bookcases and lateral file cabinets, as well as computer equipment using materials provided by the Contractor. All items fastened to walls, floors or ceilings, and which are to be moved shall be made free-standing by the Contractor prior to relocation. All furniture systems will be disassembled by the contractor. All computer equipment shall be transported in a manner that provides protection from damage, moisture, dust, and shock related movement. The contractor shall provide label materials, boxes, moving crates, and/or other packing materials which will be returned to the Contractor within two (2) weeks of the move. Contractor will collect boxes and moving crates to and from specific locations/areas before and after the moves. If requested, the Contractor shall provide written prints, instructions and/or a walk- through tour prior to each scheduled move. After reviewing the specifics for each intended move, a firm price for that portion of the relocation project will be determined and agreed upon, based upon the rates quoted in this proposal. 3. MOVE PLANNING AND COORDINATION SERVICES. The Contractor shall be required, upon request from the City, to provide a move plan and move coordination services. These services shall include a detailed move plan and all activities necessary for the relocation of furnishings, equipment, etc. from one location to another. All planning and stages of coordination should be intended to meet a specific move date. The coordinator shall determine the amount of effort required, plan the sequencing of the move, arrange for meetings, schedule delivery of packing boxes and materials, ensure RFP 8230 Moving Support Services Page 4 of 18 those being moved understand their tasks and schedule deadlines, attend consultation meetings, etc. 4. CITY’S AUTHORIZED REPRESENTATIVE. The successful Contractor will coordinate all moving plans and activities with the assigned City’s authorized representative. The City will provide one (1) or more authorized representatives for each project. The Contractor shall work closely with the City’s authorized representative prior to and during any office move to coordinate all move issues at no cost to the City. The Move Coordinator is a staff person from the department requesting the move. He/She is the point-of-contact for coordinating the move with the Contractor. 5. CONTRACTOR’S PROJECT MANAGER. The Contractor shall assign a Project Manager to oversee the work. The Project Manager shall act as the official liaison between the Contractor’s team and the City’s authorized representative. The Project Manager shall be responsible for the quality of all work performed and ultimately responsible for the resolution of any issues or unsatisfactory performance. The Project Manager and/or a designated alternate shall be available during each phase of the move to respond to any issues, emergencies and to address performance problems that may require immediate attention. 6. IDENTIFICATION. The Contractor’s personnel must be readily identifiable when in City facilities. This may be satisfied by uniforms, name tags, etc. All personnel are required to be employees of the Contractor. No contract or day laborers are permitted. No subcontracting is permitted under this Contract. In addition, the Contractor shall be required to obtain appropriate identification badges from the City. 7. CONTRACTOR’S PERFORMANCE. The Contractor shall furnish all necessary labor, materials, tools, equipment, and supplies to perform the required services at the City facilities designated. The City’s authorized representative will decide all questions that may arise as to the quality and acceptability of any work performed under the contract. If, in the opinion of the City’s authorized representative, performance of the work becomes unsatisfactory, the City shall notify the contractor. The Contractor will have one (1) day from that time to correct any specific instances of unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified above, the City shall have the immediate right to complete the work to its satisfaction and shall deduct the cost from balances due to the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the agreement for default. Only authorized Contractor employees are allowed on the premises of the City buildings. Access to buildings shall be only via certain doors designated by the City’s authorized representative. 8. WORKMANSHIP. Where not more specifically described in any of the various sections of these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices. All work shall be executed by personnel skilled in their respective lines of work. 9. RESPONSIBILITY FOR CITY PROPERTY. The Contractor shall take appropriate actions to ensure no damage is done to City facilities or property and will be responsible for any damages caused by the Contractor or its employees. It is the Contractor’s sole RFP 8230 Moving Support Services Page 5 of 18 responsibility to protect all existing facilities, and to ensure that all proper protection means and methods are put in place to meet the requirements of the City. The Contractor shall safeguard City property while it is in their possession. The Contractor will be responsible for any damages to property when such property is the responsibility of or in the custody of the Contractor or its employees. 10. CANCELLED MOVE. If the Contractor arrives at move site and the move is cancelled, and if the Contractor has not received previous cancellation notice, the Contractor may charge the requesting department a “show up” fee of no more than one-hundred fifty dollars ($150.00). 11. ADDITIONAL MOVER. The City reserves the right to hire another/additional moving company if the City’s authorized representative determines that the Contractor is unable to meet the required schedule dates or specified needs. 12. MINIMUM QUALIFICATIONS. Contractor shall have any and all required state and local certifications to perform moving and relocation services. Contractor shall provide a copy of these certificates with their proposal response. Bidding Contractor must demonstrate they have the resources and capability to provide moving services with in-house staff as prescribed herein. The Contractor’s installers shall have prior experience in working on Haworth, Herman Miller, Knoll, Steelcase, and similar types of system furniture. Offer must also demonstrate that they have been in business providing similar services for a minimum of five (5) years. SUBMITTAL REQUIREMENTS All respondents are required to include the following information in this order as a minimum. 1. Project Understanding: Provide a brief summary of your understanding of the project. 2. Team Profile: Provide relevant information regarding your company, including: a. Overview of company b. Example of recent and relevant projects with location and reference contacts (3 minimum) c. Capacity (size and availability of crew/employees, equipment list, commitment to City of Fort Collins jobs) d. Responsiveness e. Proposed team organization (org chart) of key personnel with titles and specific tasks f. State and local certifications 3. Costs: Provide project cost information including: a. Team member’s hourly rates (both Regular and Overtime) b. Vehicle use hourly rates (both Regular and Overtime) c. Mark-up on materials (including large and small boxes, and other moving equipment) RFP 8230 Moving Support Services Page 6 of 18 The labor-hour billing rate shall include the following: • Direct payroll costs • Benefits and burdens (including insurance, payroll taxes, vacation, holidays, sick leave, etc.) • Overhead and profit SELECTION PROCESS AND SCHEDULE Qualified moving contractors interested in the work described in this Request for Proposal should submit items contained in Submittal Requirements. 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 Department or the City Clerk’s Office. The City reserves the right to reject any and all proposals and to waive any informalities and irregularities therein. Moving Contractor Procurement Schedule EVENT DATE Issued for Advertisement Week of January 25, 2016 Mandatory Pre-Proposal Meeting February 17, 2016 at 9am Final Questions February 19, 2016 Proposals Due February 26, 2016 Conduct Interviews (if needed) Week of February 29, 2016 RFP 8230 Moving Support Services Page 7 of 18 EVALUATION CRITERIA REVIEW AND ASSESSMENT Professional firms 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. At the discretion of the City, interviews of the top rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 3.0 Availability Can the work be completed in the necessary time? Can the contractor commit to the City’s required response time? Is the project team available to attend meetings as required by the Scope of Work? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the line- item costs competitive? 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 by each project task or phase? 3.0 Firm Capability & Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? Are sufficient people of the requisite skills and qualifications assigned to the project? RFP 8230 Moving Support Services Page 8 of 18 REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) Did the Contractor demonstrate the necessary job knowledge required for this project? CONTACT INFORMATION Operations Services Contact: Chad Mapp Facilities Project Manager 970.221.6227 cmapp@fcgov.com Purchasing Department Contact: Elliot Dale Buyer 970.221.6777 edale@fcgov.com RFP 8230 Moving Support Services Page 9 of 18 SAMPLE AGREEMENT SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" 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 one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $75,000.00. A general scope of services is attached hereto as Exhibit “B”, consisting of ( ) page , and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City 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 RFP 8230 Moving Support Services Page 10 of 18 without waiting for a written Work Order. Time is of the essence. 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. 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: 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 RFP 8230 Moving Support Services Page 11 of 18 this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. 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 extent 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 RFP 8230 Moving Support Services Page 12 of 18 respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire 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. RFP 8230 Moving Support Services Page 13 of 18 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. RFP 8230 Moving Support Services Page 14 of 18 c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 8230 Moving Support Services Page 15 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8230 Moving Support Services Page 16 of 18 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AGREEMENT DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: 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 Purchasing Director (over $60,000.00) Date: ____________________________ RFP 8230 Moving Support Services Page 17 of 18 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. RFP 8230 Moving Support Services Page 18 of 18 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.