Loading...
HomeMy WebLinkAboutRFP - 8233 FURNITURE FOR UTILITY SERVICE CENTER (2)RFP 8233 Furniture for Utility Service Center Page 1 of 24 REQUEST FOR PROPOSAL 8233 FURNITURE FOR UTILITY SERVICE CENTER The City of Fort Collins is requesting proposals from qualified firms to partner with the City through the design process and to supply the new furniture for the 700 Wood St. building. The intention is for the selected vendor to function within the Project team as a committed partner, coordinating the furniture system layouts with the building design to minimize the delays often involved in furnishing a building. Furniture will include systems and freestanding furniture. 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 25, 2016 and referenced as Proposal No. 8233. 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 prebid conference and job walk with representatives of prospective Bidders will be held at 10:30am, on February 12, 2016, at Utility Service Center, 700 Wood Street, Fort Collins. Questions concerning the scope of the bid 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 February 17, 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 8233 Furniture for Utility Service Center Page 2 of 24 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 8233 Furniture for Utility Service Center Page 3 of 24 REQUEST FOR PROPOSAL 8233 FURNITURE FOR UTILITIES SERVICE CENTER REMODEL General Information The City of Fort Collins is planning an extensive remodel to the existing Utilities Service Center at 700 Wood Street. The intent of this request is to select a vendor to supply the new furniture for the building and for that vendor to work through the design process with the project team as a committed partner. This will allow the coordination of the furniture systems layouts with the building design to minimize the delays often involved in furnishing a building. Furniture will include systems furniture and freestanding furniture. Unless otherwise noted; furniture is expected to be new. This is a request for proposal, not a bid. That means that we are looking for your solutions to our product needs and will not be providing additional specifications or feature lists on individual items. Surfaces and panels are listed in generic heights. Utilize your product that is closest to that measurement without creating a special order item. There will be a base proposal and proposals including alternates. Base Proposal: Workstation WS-1 80 square feet Quantity = 3 Workstation WS-2 64 square feet Quantity = 13 Workstation WS-3 32 square feet Quantity = 5 Benching WS-4 16 square feet Quantity = 56 Flex space CO-1 4-6 people Quantity = 1 Conference CO-2 8 people Quantity = 1 Lobby LB-1 700 square feet Quantity = 1 Alternate Proposal #1 – Add/Remove the following to the above quantities: Workstation WS-1 80 square feet Add = 9 Private Office PO-3 Varies – existing Quantity = 9 Alternate Proposal #2: Remove 4 existing stations and replace with 4 WS-2 and 8 WS-3 Private Office PO-3 Varies – existing Quantity = 4 Alternate Proposal #3: Private Office PO-3 Varies – existing Quantity = 2 RFP 8233 Furniture for Utility Service Center Page 4 of 24 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: February 12, 2016 at 10:30am • Utilities Service Center; 700 Wood Street RFP questions due: February 17, 2016 by 5:00pm Final addendum issued: February 19, 2016 by 5:00pm RFP due to City purchasing department: February 25, 2016 by 3:00pm Notification to vendors: February 29, 2016 Interviews with top vendors: March 10, 2016 Award to vendor: Week of March 14, 2016 Mock-ups due (Mock-up will stay up a minimum of 90 days) May 2, 2016 Anticipated Installation of product – Phase 3 (Lobby, Flex, & Conf.): July 15, 2016 Anticipated Installation of product – Phase 4 September 1, 2016 (WS-2 QTY 8; WS-3 QTY 4; WS-4 QTY 7) Anticipated Installation of product – Phase 5 January 1, 2017 ** Phase 1 and Phase 2 do not contain furniture requirements. 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 services. These services are to be included in a single Professional Services Agreement. Cost for these professional services should be included in your proposal. • Development of furniture typicals with creative ideas • Selection of products • Procurement of products • Delivery, installation of products and removal/disposal of all packaging materials – product will be installed in 3 phases • 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 RFP 8233 Furniture for Utility Service Center Page 5 of 24 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 building with products from other manufacturers, outside of this request for proposal. All furniture must be highly durable, ergonomic and meet BIFMA standards. 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. 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 vendors based on the written proposals will be invited to interview. 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 with each installation over $250,000 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 RFP 8233 Furniture for Utility Service Center Page 6 of 24 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. Personnel profiles and responsibilities for individuals that would be assigned to this project c. Staff capacity for design, purchase, and warranty work d. Availability of local technicians to perform the work e. Processes that you have in place for Quality Assurance / Quality Control f. Unique core competencies that will be of benefit to this project 2. Manufacturer Information a. Provide a letter certifying the vendor as the authorized resellers/distributors in Northern Colorado b. Sustainability practices and certifications 3. Previous Projects / References a. Provide size, scope, budget 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 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. Furniture shall be of a medium grade and price, suitable for a general office environment f. 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 ii. Will new components need to be order each time? RFP 8233 Furniture for Utility Service Center Page 7 of 24 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? g. Provide floor plans and 3D renderings for typical workstations h. Layout for the entire project do not need to be submitted with the proposal i. 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. 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. o. Connecting pieces should be all metal. Plastic is not acceptable. p. Warranty information on each component q. 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-3 and WS-4 must be installed within an existing City facility. Mockup will remain in place for a minimum of 90 days. iii. Physical material samples of all proposed options for materials and finishes shall be submitted to the design team from the company that is awarded the contract. Additional Information 1. General a. Owner reserves the right to request a tour of product prior to an interview. b. Floor plans will be provided, but floor layouts will not in order to avoid confusion on numbers. c. You are not required to submit a full layout of furniture with the proposal, just the drawings and renderings for the typicals or options that you want to showcase. d. Typicals are shown for pricing only. Flexibility and creativity is allowed once we get to a design process. e. We encourage creative solutions for our needs, and those can be included as part of the proposal, but pricing needs to be based on the typicals that are shown in Exhibit A. RFP 8233 Furniture for Utility Service Center Page 8 of 24 f. If you add components, provide that cost as an option and not included in the base price. g. This project is on slab and will be utilizing wiring the panels h. Do not include overhead storage as part of your proposal. i. Storage to be metal 2. 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. 3. State Taxation The City of Fort Collins is exempt from all state and local taxation including sales and use taxes. 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 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability Is product and components created in a sustainable manner and materials? What is the life cycle for the product. RFP 8233 Furniture for Utility Service Center Page 9 of 24 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? 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 8233 Furniture for Utility Service Center Page 10 of 24 Exhibit A Panels & Materials Panel heights should be no greater than 54”. 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, WS-3, PO-3) shall have at least one surface that is not attached to a panel and is on a height adjustable base that will move at least between 28” and 48”. Base can be electric or pneumatic based on which is a better value and life expectancy of product. All workstations must include task lighting that the individual can control. Modesty panel to be included on each space, if work surfaces are not attached to a panel. The panel should not be load bearing and easily removed if required. At least one set of lockable storage for each individual. Flex Area Small workstations with integrated power Conference Room Laminate conference table with power and chairs for 8 Lobby Lobby to provide space for 4 people that are waiting for meetings RFP 8233 Furniture for Utility Service Center Page 11 of 24 The attached images are to be used for pricing purposes and are not representative of a final layout. RFP 8233 Furniture for Utility Service Center Page 12 of 24 Note: Typical layouts are not to scale. RFP 8233 Furniture for Utility Service Center Page 13 of 24 BASE PROPOSAL WORKSHEET Code Item Quantity Manufacturer and Line List Price % Discount Warranty (In Years) Unit Cost Extended Cost C1 Ergonomic task chair 66 PO Private office 1 WS1 80 square foot 2 WS2 64 square foot 11 WS3 32 square foot 32 WS4 Benching 20 CO1 4-6 people Small workstations as flex space CO2 8 person conference room LB1 4 people (Your recommendation of product to fit our needs) Total Material Cost List the purchasing agreement that you are using for the discount: Total Delivery Cost Total Installation Cost Total Design Cost TOTAL BASE PROPOSAL RFP 8233 Furniture for Utility Service Center Page 14 of 24 ALTERNATES PROPOSAL WORKSHEET Alternate #1 Code Item Quantity Manufacturer and Line List Price % Discount Warranty (In Years) Unit Cost Extended Cost WS1 80 square foot 9 PO3 Office 9 Total material cost Total delivery cost Total installation cost Total design cost TOTAL ALT #1 PROPOSAL RFP 8233 Furniture for Utility Service Center Page 15 of 24 Alternate #2 Code Item Quantity Manufacturer and Line List Price % Discount Warranty (In Years) Unit Cost Extended Cost WS2 64 Square foot 4 WS3 32 Square foot 8 PO3 Office 4 Total material cost Total delivery cost Total installation cost Total design cost TOTAL ALT #2 PROPOSAL Alternate #3 Code Item Quantity Manufacturer and Line List Price % Discount Warranty (In Years) Unit Cost Extended Cost PO3 Office 2 Total material cost Total delivery cost Total installation cost Total design cost TOTAL ALT #3 PROPOSAL RFP 8233 Furniture for Utility Service Center Page 16 of 24 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. 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 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. 6. 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 RFP 8233 Furniture for Utility Service Center Page 17 of 24 writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 RFP 8233 Furniture for Utility Service Center Page 18 of 24 written consent of the City. 12. 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. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. 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. 15. 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. 16. 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. 17. Indemnity/Insurance. RFP 8233 Furniture for Utility Service Center Page 19 of 24 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. 18. 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. 19. 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. 20. 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 8233 Furniture for Utility Service Center 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. 21. 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 8233 Furniture for Utility Service Center Page 21 of 24 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8233 Furniture for Utility Service Center Page 22 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. RFP 8233 Furniture for Utility Service Center Page 23 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. RFP 8233 Furniture for Utility Service Center Page 24 of 24 FLOOR PLAN & PHASING SCHEDULE 700 WOOD STREET RENOVATIONS ** Phase 1 and Phase 2 do not contain furniture requirements.