REQUEST FOR PROPOSALS TITLE: LIBRARY FURNITURE ELEMENTS - CITY CENTRE LIBRARY LIBRARY DEPARTMENT Reference No.: 1220-30-35-10 FOR THE SUPPLY OF GOODS AND SERVICES RDO V: FINAL 11/02/10 RFP (Goods and Services) No. 1220-30-35-10 REQUEST FOR PROPOSALS TABLE OF CONTENTS 1. INTRODUCTION .......................................................................................................01 1.1 Purpose .............................................................................................................01 1.2 Definitions ..........................................................................................................01 2. INSTRUCTIONS TO PROPONENTS ........................................................................01 2.1 Closing Time and Address for Proposal Delivery ...............................................01 2.2 Information Meeting ...........................................................................................02 2.3 Number of Copies ..............................................................................................02 2.4 Late Proposals ...................................................................................................02 2.5 Amendments to Proposals .................................................................................02 2.6 Inquiries .............................................................................................................03 2.7 Addenda ............................................................................................................03 2.8 Examination of Contract Documents and Site ....................................................03 2.9 Opening of Proposals.........................................................................................03 2.10 Status Inquiries ..................................................................................................04 3. PROPOSAL SUBMISSION FORM AND CONTENTS ...............................................04 3.1 Package .............................................................................................................04 3.2 Form of Proposal ...............................................................................................04 3.3 Signature ...........................................................................................................04 4. EVALUATION AND SELECTION .............................................................................05 4.1 Evaluation Team ................................................................................................05 4.2 Evaluation Criteria ..............................................................................................05 4.3 Discrepancies in Proponent’s Financial Proposal ...............................................05 4.4 Litigation ............................................................................................................06 4.5 Additional Information ........................................................................................06 4.6 Interviews ...........................................................................................................06 4.7 Multiple Preferred Proponents and Changes to the Proponent Team .................06 4.8 Negotiation of Agreement and Award .................................................................07 5. GENERAL CONDITIONS ..........................................................................................08 5.1 No City Obligation ..............................................................................................08 5.2 Proponent’s Expenses .......................................................................................08 5.3 No Contract ........................................................................................................08 5.4 Conflict of Interest ..............................................................................................08 5.5 Solicitation of Council Members, City Staff and City Contractors ........................08 5.6 Confidentiality ....................................................................................................08 SCHEDULE A – SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES .................09 A-1 GENERAL PRODUCT SPECIFICATIONS/REQUIREMENTS ...........................21 A-2 SURREY LIBRARY FURNITURE GUIDELINES ................................................35 SCHEDULE B – SAMPLE AGREEMENT ...........................................................................37 SCHEDULE C – FORM OF PROPOSAL ............................................................................54 C-1 Statement of Departures ....................................................................................57 C-2 Proponent’s Experience, Reputation and Resources .........................................59 C-3 Proponent’s Technical Proposal (Project Services) ............................................60 C-4 Proponent’s Technical Proposal (Project Timeline) ............................................63 C-5 Proponent’s Financial Proposal ..........................................................................64 RFP (Goods and Services) No. 1220-30-35-10 ii REQUEST FOR PROPOSALS 1. INTRODUCTION 1.1 Purpose The purpose of this request for proposals is to select a service provider (or service providers) to perform the services (“Services”) described in Schedules A through A-2 (Incl.). 1.2 Definitions In this RFP the following definitions shall apply: “City” means the City of Surrey; “City Representative” has the meaning set out in section 2.6; “City Website” means www.surrey.ca; “Closing Time” has the meaning set out in section 2.1; “Contract” means a formal written contract between the City and a Preferred Proponent to undertake the Services, the preferred form of which is attached as Schedule B; “Evaluation Team” means the team appointed by the City; “Information Meeting” has the meaning set out in section 2.2; “Preferred Proponent(s)” means the Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; “Proponent” means an entity that submits a Proposal; “Proposal” means a proposal submitted in response to this RFP; “RFP” means this Request for Proposals; “Services” has the meaning set out in Schedules A through A-2; “Site” means the place or places where the Services are to be performed; and “Statement of Departures” means Schedule C-1 to the form of Proposal attached as Schedule C. 2. INSTRUCTIONS TO PROPONENTS 2.1 Closing Time and Address for Proposal Delivery Proposals must be received by the office of the: Acting Purchasing & AP Manager Address: 6645 – 148 Street Surrey, BC V3S 3C7 Fax: E-mail for PDF Files: RFP (Goods and Services) No. 1220-30-35-10 604-599-0956 purchasing@surrey.ca 01 on or before the following date and time (the “Closing Time”): Time: 3:00 p.m. [local time] Date: Monday, November 29, 2010 2.2 Information Meeting An information meeting may be hosted by the City Representative to discuss the City’s requirements under this RFP (the “Information Meeting”). While attendance is at the discretion of Proponents, Proponents who do not attend will be deemed to have attended the Information Meeting and to have received all of the information given at the Information Meeting. At the time of issuance of this RFP a meeting has been scheduled as follows: 2.3 Date: November 16, 2010 Time: 1:00 p.m. to 3:00 p.m. [Local Time] Location: Whalley Library (Meeting Room) 10347 – City Parkway (135th St) Surrey, BC V3T 4C3 Phone: 604-598-7420 Fax: 604-598-7421 Number of Copies Faxed or emailed PDF Proposals are permitted, but a Proponent bears all risk that the City's fax equipment functions properly so that the City receives the Proposal on time. If the Proponent prefers to submit a hard copy, the Proponent should submit the original unbound and three copies (four in total). 2.4 Late Proposals Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time. 2.5 Amendments to Proposals Proposals may be revised by written amendment, delivered to the location set out above, at any time before the Closing Time but not after. An amendment must be signed by an authorized signatory of the Proponent in the same manner as provided by section 3.3. Fax amendments are permitted, but such fax may show only the change to the proposal price(s) and in no event disclose the actual proposal price(s). A Proponent bears all risk that the City’s fax equipment functions properly so as to facilitate timely delivery of any fax amendment. RFP (Goods and Services) No. 1220-30-35-10 02 2.6 Inquiries All inquiries related to this RFP should be directed in writing to the person named below (the “City Representative”). Information obtained from any person or source other than the City Representative may not be relied upon. Acting Purchasing & AP Manager Address: City of Surrey – Purchasing 6645 – 148 Street Surrey, BC V3S 3C7 Fax: Telephone: Email: 604-599-0956 604-590-7274 purchasing@surrey.ca Inquiries should be made no later than 7 days before Closing Time. The City reserves the right not to respond to inquiries made within 7 days of the Closing Time. Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the City. Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts as to the meaning or intent of any provision, should immediately notify the City Representative. If the City determines that an amendment is required to this RFP, the City Representative will issue an addendum in accordance with section 2.7. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent. 2.7 Addenda If the City determines that an amendment is required to this RFP, the City will post a written addendum on the City Website that will form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a formal written addendum on the City Website. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City Website. 2.8 Examination of Contract Documents and Site Proponents will be deemed to have carefully examined the RFP, including all attached Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any and all facts which may influence a Proposal. 2.9 Opening of Proposals The City intends to open Proposals in private but reserves the right to open Proposals in public at its sole discretion. RFP (Goods and Services) No. 1220-30-35-10 03 2.10 Status Inquiries All inquiries related to the status of this RFP, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 3. PROPOSAL SUBMISSION FORM AND CONTENTS 3.1 Package Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the Project and reference number. 3.2 Form of Proposal Proponents should complete the form of Proposal attached as Schedule C, including Schedules C-1 to C-5. Proponents are encouraged to respond to the items listed in Schedules C-1 to C-5 in the order listed. Proponents are encouraged to use the forms provided and attach additional pages as necessary. 3.3 Signature The legal name of the person or firm submitting the Proposal should be inserted in Schedule C. The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following: (a) If the Proponent is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted. (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venturer should be included, and each partner or joint venturer should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated in subsection (a) above. (c) If the Proponent is an individual, including a sole proprietorship, the name of the individual should be included. RFP (Goods and Services) No. 1220-30-35-10 04 4. EVALUATION AND SELECTION 4.1 Evaluation Team The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents to the City. 4.2 Evaluation Criteria The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the City, using the following criteria: (a) Experience, Reputation and Resources The Evaluation Team will consider the Proponent's responses to items (i) to (iv) in Schedule C-2, including any supplementary information. (b) Technical The Evaluation Team will consider the Proponent's responses to Schedule C-4 and items (i) to (viii) in Schedule C-3, including any supplementary information. (c) Financial The Evaluation Team will consider the Proponent's response to Schedule C-5 (d) Statement of Departures The Evaluation Team will consider the Proponent's response to Schedule C-1. The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and fairly to all Proposals. 4.3 Discrepancies in Proponent's Financial Proposal If there are any obvious discrepancies, errors or omissions in C-5 of a Proposal (Proponent's Financial Proposal), then the City shall be entitled to make obvious corrections, but only if, and to the extent, the corrections are apparent from the Proposal as submitted, and in particular: RFP (Goods and Services) No. 1220-30-35-10 05 4.4 (a) if there is a discrepancy between a unit price and the extended total, then the unit prices shall be deemed to be correct, and corresponding corrections will be made to the extended totals; (b) if a unit price has been given but the corresponding extended total has been omitted, then the extended total will be calculated from the unit price and the estimated quantity; (c) if an extended total has been given but the corresponding unit price has been omitted, then the unit price will be calculated from the extended total and the estimated quantity. Litigation In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a Proposal under this section, the City will consider whether the litigation is likely to affect the Proponent’s ability to work with the City, its contractors and representatives and whether the City’s experience with the Proponent indicates that there is a risk the City will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. 4.5 Additional Information The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests only to selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal. 4.6 Interviews The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Proposals. 4.7 Multiple Preferred Proponents The City reserves the right and discretion to divide up the Services, either by scope, geographic area, or other basis as the City may decide, and to select one or more Preferred Proponents to enter into discussions with the City for one or more Contracts to perform a portion or portions of the Services. If the City exercises its discretion to divide up the Services, the City will do so reasonably having regard for the RFP and the basis of Proposals. RFP (Goods and Services) No. 1220-30-35-10 06 In addition to any other provision of this RFP, Proposals may be evaluated on the basis of advantages and disadvantages to the City that might result or be achieved from the City dividing up the Services and entering into one or more Contracts with one or more Proponents. 4.8 Negotiation of Contract and Award If the City selects a Preferred Proponent or Preferred Proponents, then it may: (a) enter into a Contract with the Preferred Proponent(s); or (b) enter into discussions with the Preferred Proponent(s) to attempt to finalize the terms of the Contract(s), including financial terms, and such discussions may include: (c) (1) clarification of any outstanding issues arising from the Preferred Proponent's Proposal; (2) negotiation of amendments to the departures to the draft Contract, if any, proposed by the Preferred Proponent as set in Schedule C-1 to the Preferred Proponent's Proposal; and (3) negotiation of amendments to the Preferred Proponent's price(s) as set out in Schedule C-5 to the Preferred Proponent's Proposal and/or scope of Services if: (A) the Preferred Proponent's financial Proposal exceeds the City's approved budget, or (B) the City reasonably concludes the Preferred Proponent's financial proposal includes a price(s) that is unbalanced, or (C) a knowledgeable third party would judge that the Preferred Proponent's price(s) materially exceed a fair market price(s) for services similar to the Services offered by the Preferred Proponent as described in the Preferred Proponent's Proposal; or if at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP and retain or obtain the Services in some other manner. RFP (Goods and Services) No. 1220-30-35-10 07 5. GENERAL CONDITIONS 5.1 No City Obligation This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFP process. 5.2 Proponent’s Expenses Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and for any meetings, negotiations or discussions with the City or its representatives and contractors, relating to or arising from this RFP. The City and its representatives, agents, contractors and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. 5.3 No Contract By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no contract of any kind is formed under, or arises from, this RFP, prior to the signing of a formal written Contract. 5.4 Conflict of Interest A Proponent shall disclose in its Proposal any actual or potential conflicts of interest and existing business relationships it may have with the City, its elected or appointed officials or employees. The City may rely on such disclosure. 5.5 Solicitation of Council Members, City Staff and City Contractors Proponents and their agents will not contact any member of the City Council, City staff or City contractors with respect to this RFP, other than the City Representative named in section 2.6, at any time prior to the award of a contract or the cancellation of this RFP. 5.6 Confidentiality All submissions become the property of the City and will not be returned to the Proponent. All submissions will be held in confidence by the City unless otherwise required by law. Proponents should be aware the City is a “public body” defined by and subject to the Freedom of Information and Protection of Privacy Act of British Columbia. RFP (Goods and Services) No. 1220-30-35-10 08 SCHEDULE A SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY - LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 09 SCHEDULE A SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES TABLE OF CONTENTS SECTION 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 1. OBJECTIVES ................................................................................................................................... 10 REQUIREMENTS ............................................................................................................................ 11 SAMPLES AND QUALITY ............................................................................................................... 12 DESIGN AND APPROVAL OF LIBRARY FURNITURE ELEMENTS AND DRAWINGS ................ 12 COMPLIANCE .................................................................................................................................. 13 POST PRODUCTION CHANGES TO LIBRARY FURNITURE ELEMENTS .................................. 13 RISK OF LOSS OR DAMAGE (PURCHASED FURNISHINGS) TITLE .......................................... 14 DELIVERY AND INSTALLATION .................................................................................................... 14 9.1 Delivery and Installation Timeframe ..................................................................................... 14 9.2 Shipment(s) Notification ....................................................................................................... 14 9.3 Site Conditions ..................................................................................................................... 14 9.4 Delivery, Handling and Storage of Materials ........................................................................ 15 9.5 Delivery Rescheduling and Storage ..................................................................................... 16 9.6 Storage Costs ....................................................................................................................... 16 9.7 Adjustment(s) to Schedule ................................................................................................... 16 9.8 Installation Requirements and Criteria ................................................................................. 16 9.9 Site Preparation, Utilities and Electrical Work ...................................................................... 17 9.10 Maintenance and Operation ................................................................................................. 18 9.11 Final Clean Up ...................................................................................................................... 18 9.12 Inspection and Acceptance of Work ..................................................................................... 18 9.13 Guarantees/Extended Guarantees/Warranties .................................................................... 19 DELAYS ........................................................................................................................................... 19 ACCIDENTS; EQUIPMENT SAFETY .............................................................................................. 19 STANDING OFFER DISCOUNTS ................................................................................................... 20 BUILDING PROTECTION ................................................................................................................ 20 ENVIRONMENTAL REQUIREMENTS ............................................................................................ 20 ORDER QUANTITY ......................................................................................................................... 20 OBJECTIVES The City of Surrey, Library Department, is seeking Proposals from qualified firms who can provide, and install new library furniture elements for use and convenience of the public, executive and support staff at the new City of Surrey – City Centre Library. Familiar examples included but not limited to: Seating, Workstations, Lounge, Study, etc. The City Centre is approximately 77,000 sq. ft. library to be located in Surrey City Centre. Scheduled to open summer 2011, the new library designed by Bing Thom Architects will be a critical anchor that will set the stage for the future development and transformation of downtown Surrey. It is to be part of a new civic precinct that will include a city hall, public plaza and other civic facilities such as a performing arts centre. Designed to LEED standards the library will be a world class facility that will establish Surrey City Centre as Metro Vancouver’s second great downtown. The emphasis of this RFP is on procuring a family of products that encompass cohesive, flexible, functional (appealing, well designed) and durable high quality designs that reflects the City’s identity. The coordinated library furniture program, as a key element of these design efforts, represents an exceptional opportunity for Proponents to improve the look, feel, functionality and image of our libraries. The City is willing to pay a higher price for higher technical quality. RFP (Goods and Services) No. 1220-30-35-10 10 However, we will not select a Proponent merely because it offers higher quality than its competitors. The features of the Proponent’s Proposal must contribute to the achievement of our objectives and also must be worth the proposed price. We will not select a Proponent, no matter what the technical quality reflected in its proposal, if we do not believe the margin of quality is worth the margin of price in comparison with one or more competing proposals. We will select the Proponent(s) whose Proposal reflects what we think is the best combination of technical quality and price. Any award resulting from this RFP will be subject to the availability of funds. 2. REQUIREMENTS In furtherance of the broadly stated objectives in this Schedule A, and without limiting the application of provisions contained in the agreement the Preferred Proponent will: (a) provide a complete list of the library general and office furniture line(s) they represent, include all available surface types and fabrics with colour charts; (Note: always refer to the City’s sample board for reference); (b) price all of the furniture items offered. The price for each item must include the complete cost of installation (all labour, materials, shipping and receiving); (c) develop and submit with their Proposal preliminary drawings, that includes all of the furniture elements for each of the space plan layouts (always refer to Schedule A-1 – Attachment #1 – Furniture Elements and Specifications and Schedule A-1 – Attachment #2 – Space Plan Layouts); (d) itemize the furniture in each drawing, using the MS Excel spreadsheet in Schedule C-5, provide a “total cost” for each room (price each item on the list, include shipping, handling, installation, labour (all costs); this will provide the City with a “total installed price” for each room/area. This will provide the evaluation price (Financial Proposal). (NOTE: Pricing submitted at this stage is not binding and subject to negotiation if you are chosen as a Preferred Proponent. If the City determines that negotiations are not necessary and a contract award is based upon your initial response to your prices, as submitted, will be binding.); (e) assist the City’s library planning team in order preparation and coordination; (f) be responsible for keeping the City’s Chief Librarian properly and adequately advised of the progress of manufacture, delivery and installation of the library furniture elements, and for providing the City Chief Librarian periodically, as she may require, with schedules and progress reports, and for ensuring the overall condition of the manufacture, delivery and installation of the library furniture elements; (g) coordinate with the City, and the general contractor contacts all dates involving arrival of materials at site and a staging area designation, and will verify installation date with the rollout schedule; (h) deliver all furniture to final building destination including movement to and from staging areas; (i) the location of product delivery shall be coordinated with the City and may be limited to established parking, driving, and delivery areas. At no time shall the Contractor park a vehicle on a surface not intended for that use; RFP (Goods and Services) No. 1220-30-35-10 11 3. (j) maintain a first standard of care, skill and diligence in performing the work and warrant that the work will be performed and maintained to the high standards as provided herein; (k) install all units plumb and aligned properly with adjacent units and in accordance with layout provided; (l) leave the premises in clean condition; all packing materials and debris will be removed from the site at no additional cost to the City, and all items will be free of dust and lint; (m) be financially responsible for immediate minor repairs caused to building surfaces and finishes, paint touch up, or replacement of any damaged items; (n) be financially responsible for any damage they cause to the building or site; and, (o) instruct the City’s library staff in the operation, or adjustment and maintenance of any items installed. DESIRED CHARACTERISTICS The City acknowledges that our specifications for some furniture elements may be manufacturer specific, but that does not preclude the use of products that are viewed in the industry as being “equal to or better than” the products contained in the included specifications. The use of a specific Manufacturer's product's name is to convey the requirements, type, character and quality of the product desired and is not meant to restrict Proponents. The primary goal is to provide functional, durable and aesthetically pleasing library furniture elements that will last for decades. The outcome of this RFP will be the selection of a Preferred Proponent(s) that aligns themselves with some of the most creative, quality-oriented library furniture manufacturers. Due to the nature of the facility; the use of lower quality products will not be permitted, regardless of price, products or entire proposals can be rejected at the discretion of the City All workstations, lounge furniture, computer desks, etc. are to be furnished with the same family of products. Substitution for a lower grade product within the specifications of a single proposal will not be permitted. Example: specifying a lower grade pedestal that is not from the systems product line. 4. SAMPLES AND QUALITY (At the Option of the City) For the purposes of this RFP, submit catalogue illustrations and samples in electronic format only. The City reserves the right to require a Proponent to furnish hardcopy catalogues, swatches, colour charts, and/or fabric and finish samples of any item for which a Proposal is submitted, within five (5) working days after the request is made, unless otherwise specified. Samples will be evaluated to determine compliance with all major characteristics of the brand names indicated. Finishes and colours for all products shall be selected from manufacturer’s full standard range. All costs associated with the provision and return of product samples are to be borne by the Preferred Proponent with no financial liability to be incurred by the City for their loss or damage. Local showroom visit may be required. A mock-up of a typical workstation layout with specified fabrics and finishes, may be required. RFP (Goods and Services) No. 1220-30-35-10 12 5. DESIGN AND APPROVAL OF LIBRARY FURNITURE ELEMENTS AND DRAWINGS The purpose of this section is two-fold. The first phase is relevant to each Proponent. Each Proponent shall include as part of their Proposal submission: (a) preliminary (concept) design drawings, for all floor levels, indicating a coordinated family of library furniture elements for each level (public, executive and support staff areas) in accordance with Schedule A-1 – Attachments #1 through #3 (Incl.). Concept design drawings shall be of sufficient detail to facilitate evaluation of the quality and design of the proposed library furniture elements; (b) supporting photographs of typical material and finishes proposed in all public spaces and office areas; and, (c) an “Outline Finishes Schedule” in sufficient detail to describe level of finish for all library furniture elements (public, guest, executive, and support staff). (Note: Always refer to Schedule A-1 – Attachments #2 and #3.) “…clearly, library furniture element arrangement in terms of size of elements, location, orientation and dimension that works well. This leads to the important consideration of scale and context – the ultimate goal is a range of furniture elements that are appropriate to their location in the library and serves the public and staff. A “one size fits all” solution may not be feasible”. Second Phase: Immediately upon execution of a Letter of Intent with the City, the Preferred Proponent(s) will commence final library furniture element designs, for all floor levels, in consultation with the City’s library project team. The drawings and specifications for each furniture element is to be submitted to the City’s library project team for approval. The City will use reasonable commercial efforts to approve all library furniture element designs by no later than fifteen (15) business days following receipt of such drawings; and, If the project team provides comments to the Preferred Proponent, the Preferred Proponent will make such changes and amendments to the said plans and specifications as are stated by the Chief Librarian providing such changes and amendments are reasonable and do not substantially alter the library furnishings design drawings and the Preferred Proponent will thereafter re-submit said plans and specifications within ten (10) business days to the Chief Librarian for review. This process will continue until the Chief Librarian gives her final approval to such drawings and specifications. The City will be responsible for the costs incurred by the Chief Librarian in reviewing the drawings and specifications for the City Centre Library furniture. Note: This timetable is subject to change, based on the schedule provided by the Preferred Proponent. It is assumed that the Preferred Proponent will commence design immediately upon execution of a Letter of Intent with City. 6. COMPLIANCE All furniture fabrics should meet or exceed ANSI/BIFMA Standards. The design of the library furniture will comply with Applicable Laws, including for certainty all relevant City by-laws and the British Columbia Building Code, particularly in respect to accessibility and safety issues pertaining to people with disabilities and special needs. RFP (Goods and Services) No. 1220-30-35-10 13 7. POST PRODUCTION CHANGES TO LIBRARY FURNITURE ELEMENTS Following the production and/or installation of any library furniture elements, the Preferred Proponent(s) will and the City may, from time to time, review the functionality of such library furniture element. In the event that the Preferred Proponent(s) or the City, as the case may be, identify changes that would improve the functionality of any library furniture element, then provided the City and the Preferred Proponent(s) agree on such changes, the Preferred Proponent(s) will forthwith make such changes at its sole cost. 8. RISK OF LOSS OR DAMAGE (PURCHASED FURNISHINGS) TITLE All goods remain at the risk of the Preferred Proponent(s) until installed and accepted by the City at the designated destination. The City is not responsible for any risk of loss or damaged or scratched furniture supplied 9. DELIVERY AND INSTALLATION 9.1 Delivery and Installation Timeframe Time is of the essence for the Goods and Services. The installation is to be completed no later than end of March, 2011. You must commit to a firm deliver or completion date. All deliveries and installation work shall be performed during regular working hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. Changes may be granted with written approval of the City. Any work required to be performed after regular working hours or on Saturdays, Sundays, or legal holidays, as may be reasonably required consistent with contractual obligations, shall be performed without additional cost to the City. The Preferred Proponent(s) shall obtain approval from the City and the general contractor for performance of the work after regular hours or nonregular workdays at least twenty-four (24) hours prior to the performance of the work. 9.2 Shipment(s) Notification The Preferred Proponent(s) is to notify the City at least forty-eight (48) hours in advance of shipment so that the necessary arrangements can be made. 9.3 Site Conditions .1 .2 Loading Bay: There is no loading bay in the facility. Elevator(s): The dimensions and information for elevators are: Passenger Elevator: Capacity: 1588kg Door opening: 3`6`` x 7`0`` Interior Size: 6`8`` x 5`5`` Freight Elevator: Capacity: 1814kg Door Opening: 4`0`` x 7`0`` Interior Size: 5`1`` x 7`10`` The City would prefer that you use the freight elevator to avoid damage to passenger elevators. (refer to Schedule A-1 – Attachment #5 Elevator Shop Drawings for both passenger elevator and Service / Freight elevators). .3 Site conditions and Restrictions: All deliveries shall be made to the site according to site regulations. The Preferred Proponent shall familiarize themselves with the building for parking/ loading access. Such responsibilities shall be performed in such a manner that no delay to the general contractors progress of the work and no additional cost to the City. RFP (Goods and Services) No. 1220-30-35-10 14 4. 9.4 Preferred Proponent(s) (if any) shall visit the site of the proposed work, upon completion of the building’s construction, to become fully acquainted with the building’s conditions so as to fully understand the facilities, difficulties and restrictions attending the execution of the work under the contract, and to plan delivery accordingly. Delivery, Handling and Storage of Materials On-site storage areas will not be provided to the Proponent. The Preferred Proponent will be responsible to install the library furniture elements as outlined on Schedule A-1 – Attachment #1; no storage or demurrage costs will be incurred by the City. The Preferred Proponent(s) will be responsible for transporting the products from storage and warehousing into the City Centre Library building according to a roll-out schedule that is to be coordinated with the City’s project team, especially where special set-up/installation equipment/processes are required. If product is to be received directly from a manufacturer, this will also need to be coordinated with the project team to make certain that the building is available for receipt of the products. The Preferred Proponent(s) shall be responsible for the delivery of product and equipment in first-class condition at the point of delivery, and in accordance with good commercial practice. The Preferred Proponent(s) shall confine its apparatus, the storage of equipment, tools and materials, and its operations and workers to areas authorized by the City and the general contractor, and shall not unreasonably encumber the site or the premises with its materials, tools, materials and rubbish. Bring all furnishings to site and place on destination floor with original wrappings and labels. Wrappings of furnishings shall be removed at time of installation only and shall be cleared from each area along with debris, as the installation progresses. This will not relieve the Proponent of his obligation to check against damage in-transit. The City and general contractor will be responsible for providing that all delivery to final placement shall be free of unanticipated obstacles which might unreasonably impede the Preferred Proponent(s) during the delivery and installation work, but the City shall not be responsible for correcting obstacles which were reasonably anticipated at the time of execution of the contract. The handling of the furnishings, materials and equipment and the moving of same about the site shall be subject to direction and control of the City and no such movement shall impede or damage the work of other trades on site. Proponent shall confirm with manufacturer that all components have been shipped and an inventory shall be taken as the furniture is off-loaded. Note: This is an ongoing construction zone. Therefore, Preferred Proponent’s and their installers are required to wear appropriate personal protective equipment (hard hat, safety vest, safety glasses and protective foot wear). Preferred Proponent’s installers must have all items of protective gear in order to be allowed access to site. Installers without any protective gear or insufficient protective gear will not be allowed entry to work site. Preferred Proponent’s and their installers must observe work site rules and guidelines. Preferred Proponent’s and their installers who do not observe these work site rules and guidelines will be immediately escorted from the work site. RFP (Goods and Services) No. 1220-30-35-10 15 9.5 Delivery Rescheduling and Storage (Notice) Upon receipt of this notice of delay, the Preferred Proponent(s) shall be responsible for rescheduling delivery and installation or, if unable to do so, for storage and all associated storage costs for a period of up to and including ninety (90) days after the original City-approved delivery and installation schedule. 9.6 Storage Costs The City shall be responsible for such storage costs that exceed the ninety (90) day time period. When this is the case, the Preferred Proponent(s) shall provide a proposal covering a justifiable monthly charge that can be verified to cover these costs. 9.7 Adjustment(s) to Schedule (Schedule A-1 – Attachment #1) Within that period of time as agreed to in the rollout schedule the City may request an increase or decrease in the quantities and types of library furniture elements, as set out in the rollout schedule. The Proponent will in each case review such requests and provide the City with an amended rollout proposal for consideration by the City’s Chief Librarian. In preparing the amending rollout proposal, the Proponent will consider the projected costs of the library furniture element(s) being increased and/or decreased. For example, if the City wants to increase the quantities of one library furniture element, then the quantity of another library furniture element may be decreased according to its relative cost. If the City agrees and accepts the amended rollout proposal, then the Proponent will formally amend the library furniture rollout schedule and such amended schedule will form part of the Agreement. 9.8 Installation Requirements and Criteria The locations for deployment of the public and office furnishings (a variety of workstations, tables, storage cabinets, seating, file cabinets, etc), all in the quantities and types as set forth and in accordance with the library furniture rollout schedule, will be determined by the City’s Project Team through discussions with the Preferred Proponent(s) and in consideration of operational considerations. The Preferred Proponent(s) shall provide a qualified and efficient supervisor(s) to be on-site during any installation time and employ only skilled tradesmen knowledgeable of all aspects and procedures of furnishings installation. The number of these tradesmen shall be sufficient to satisfy the City that the installation will proceed in accordance with a schedule drawn by the Preferred Proponent(s). The Preferred Proponent(s) will provide and install all library furniture elements at its sole cost and expense as required under the library furniture rollout schedule, all to the satisfaction of the City’s Chief Librarian and in accordance with the following requirements and criteria: (a) maintain the work is an neat, clean and orderly fashion; (b) provide professional service to all trades, designers & the City for the duration of the project; (c) preferred proponent’s installer(s) must protect all surfaces and installation company shall be held responsible for any damages incurred during the time that they are on site; (d) clean-up and removal of all debris attributed to the work as determined and as or when directed by the City or the general contractor into waste containers, RFP (Goods and Services) No. 1220-30-35-10 16 9.9 (e) on a day to day basis, the cleaning and maintenance of the site, free from accumulation of waste materials and/or rubbish caused by the Preferred Proponent’s employees; (f) sub-contractors to the satisfaction of the City. Preferred Proponent to supply own garbage containers and are responsible for its removal; (g) the Preferred Proponent’s installers shall be fully responsible for cleaning up of all areas of installation as workers move to a new area; (h) install all furnishings so as to give a consistent appearance throughout the space. The installation supervisor is responsible for ensuring quality control and consistency of design details throughout; (i) all components shall be installed level, plumb, square and in proper alignment with adjoining furniture and in accordance with manufacturer’s installation procedures; (j) ensure that all drawers, hanging folder frames and all shelves and dividers are securely in place and ready to be used; (k) grease all operating mechanisms without excess so that no spillage occurs; (l) the library furniture element(s) is/are to be installed only at locations in the general public area and offices, etc as approved in writing by the City’s Chief Librarian; and, (m) the Preferred Proponent(s) will liaise in a timely manner with all third party service providers identified by the City’s Chief Librarian (e.g. City’s data cable providers) to ensure a coordinated installation program and to minimize the periods of time, if any, where services are expected or required but not available. Site Preparation, Utilities and Electrical Work (a) The Proponent will: (i) coordinate delivery and installation schedules of product. It is not known if the access to the building will be one floor at a time, or multiples. Thus, it is recommended that the Proponent coordinate the tagging of the products to know what floor and area they are to be installed. Based on the need to install cabling, it is expected that panels (if provided) will need to be installed with electrical, then allowing the cabling team to install cables, once that is complete, the balance of the product can be installed; (ii) coordinate with the general contractor and the City’s data cabling provider(s) any requirements or specialized products that the selected systems furniture has or requires for the installation of network and phone cabling; (iii) communicate with the City’s data cable and phone providers the size and details of the selected system cabling locations. This may include but not limited to: details of how the cabling is to be routed through the panels, any unique attributes of the panels that would benefit, or hinder the routing of cables, and the sizes of any punch outs for data access in the raceways; and RFP (Goods and Services) No. 1220-30-35-10 17 (b) 9.10 The Preferred Proponent(s) will ensure that any electrical material and equipment used for the installation and maintenance of the library furniture, will have evidence of the Canadian Standard Association’s approval or be specifically certified by the Canadian Standard Association. Maintenance and Operation The Preferred Proponent(s) shall provide the City with one (1) copy of the Manufacturer's printed maintenance and operation recommendations. These shall be on the manufacturer's letterhead and accompanied by the Preferred Proponent's written acknowledgement of the procedures. 9.11 9.12 Final Clean Up (a) The Preferred Proponent’s installer shall be responsible at no additional cost to the City for the final clean-up to the satisfaction of the City of all work carried out under this RFP, prior to the final deficiency walk-through; (b) The Preferred Proponent’s installer shall carefully inspect any installed furnishings for defect prior to cleaning and take-over procedures; (c) All areas shall be thoroughly vacuumed and cleaned free from all waste materials supplied or used by the Preferred Proponent’s installer; (d) The Proponent shall leave all furnishings dust free, grease free, and generally clean so that the City may inspect them for preliminary acceptance; (e) Rubbish, garbage, debris and trade waste will be completely removed from the site. Use of on-site dumpsters or other containers, unless provided by the general contractor, are not authorized; and, (f) The Preferred Proponent’s installer shall clean inside of all drawers, glass panels (if provided), etc. Inspection and Acceptance of Work Deficiency walk-throughs are to be completed with City’s Chief Librarian, and Preferred Proponent(s) at a mutually agreeable time(s). Such inspections are for the sole purpose of identifying the product and the quantities ordered to provide a basis for payment to the Preferred Proponent(s). Such inspections shall not be construed as final or as constituting acceptance of or taking charge or control over the product. If at any time during the Term, any deficiency, failure, breakdown or deterioration in workmanship or material should be discovered in the goods or services furnished by the Preferred Proponent(s), or if the goods or services do not conform to the terms and conditions of the Agreement, the City may at its option: (a) require the Preferred Proponent(s) to commence correcting the defective or nonconforming goods and services at no expense to the City within seven (7) days of receipt of written notification from the City, or such other time as mutually agreed to by the Parties; and, (b) replace or correct the defective goods and services and charge the Preferred Proponent(s) with all expenses incurred by the City. RFP (Goods and Services) No. 1220-30-35-10 18 The Preferred Proponent(s) will, at its cost, undertake and complete, or cause to be undertaken and completed as necessary the touch-up of any scratches that occurred during installation and/or defects to the complete satisfaction of the City. 9.13 Guarantees/Extended Guarantees/Warranties The Preferred Proponent(s) shall provide manufacturer's standard warranty but shall nevertheless guarantee all items against manufacturing defects for a period of at least five (5) years from date of acceptance even if the manufacturer’s warranty covers a shorter period. Should a defect occur, the Preferred Proponent(s) shall repair or replace item(s) at no charge to the City. Such repair or replacement shall be guaranteed by the Preferred Proponent(s) for a subsequent equivalent warranty period. Warranty information is to be listed in Schedule C-5. In the case of furniture installed under this contract, the Preferred Proponent(s) guarantees for a period of at least five (5) years from the date of final acceptance that the completed work is free from all defects due to faulty materials, installation equipment or installation workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to correct any defects, including repairs of any damage to other parts of the system resulting from such installation defects. The City shall promptly give notice to the contractor of observed defects. In the event that the Preferred Proponent(s) fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Preferred Proponent the cost thereby incurred. 10. DELAYS In the event the delivery and installation schedule approved by the City is delayed by events beyond the control of the City, the City shall provide prompt and timely notice, in writing, to the Preferred Proponent(s). Prompt and timely notice is defined as written notice being provided the Preferred Proponent(s) as soon as the delay becomes fully known to the City. The Preferred Proponent(s) shall be entitled to an extension of the Time Schedule. If the Preferred Proponent(s) is delayed in the performance of the Services by its own acts or omissions, or those of its employees, agents or subcontractors, then the Preferred Proponent(s) will not be entitled to any time extension or reimbursement as a result of such delay. In the event the Preferred Proponent(s) fails to meet its delivery commitments, the City reserves the right to obtain furniture necessary to function properly from any available source. In such event, the order will be canceled and any difference in price shall be paid by the Preferred Proponent(s). 11. ACCIDENTS; EQUIPMENT SAFETY Any and all accidents, regardless of how minor, involving another person, private property, or vehicle, shall be reported immediately to the Surrey R.C.M.Police and a report requested. The City shall also be contacted immediately and be provided a copy of any reports. The Preferred Proponent(s) shall assume all responsibility for damages to property or injuries to persons, including accidental death, attorneys fee and costs of defence which may be caused by Preferred Proponent(s) performance of this Agreement, whether such performance be by itself, its subcontractor, or anyone directly or indirectly employed by Preferred Proponent(s) or its subcontractors and whether such damage shall accrue or be discovered before or after termination of the Agreement. RFP (Goods and Services) No. 1220-30-35-10 19 The Preferred Proponent(s) equipment operators shall maintain good safety and driving records, and use extreme caution during the performance of the work. 12. STANDING OFFER DISCOUNTS As a leading provider in public library services, the City expects Preferred Proponent(s) to support our ability to provide world class facilities and programs through the provision of top-tier institutional, academic and governmental discounts. Proponents are requested to detail the total dollar value of discounts in Schedule C-5. If requested by the City, the Proponents should be able to provide appropriate documentation supporting their stated discount levels. 13. BUILDING PROTECTION The Preferred Proponent(s) shall provide at its cost all protective materials required at both origin and destination sites for all lobby areas, elevators, secondary and main traffic corridors. All protective materials shall be taped and secured during the entire installation. Padding, corner, and wall protection is required around doors, doorframes, along main corridors, elevators, etc. The Preferred Proponent and the Preferred Proponent’s installers shall use special painter’s tape to prevent removal of paint from walls or frames. The Preferred Proponent’s shall remove all marks, etc. undesirable stains, fingerprints, other soil, dust or dirt from painted, decorated or stained woodwork, plaster or plasterboard, resilient and non-resilient floor materials, equipment surfaces, and workstations. ENVIRONMENTAL SUSTAINABILITY (Refer to Schedule C-3 – Supplemental Information) 14. Surrey’s Sustainability Charter is a comprehensive framework for implementing a progressive, long-term (50 year) vision for a Sustainable City. Taking sustainability well beyond statements of principles, the Charter is a unique combination of sustainability policies, a robust strategy for the implementation of these policies and, most importantly, a “Scope of Sustainability” component that describes 57 detailed scope items. As an indication of the significance of the Charter, Council has unanimously directed that it be used as the City’s overarching policy document to guide all other policies, plans, projects, and practices. Products should be Greenguard Indoor Air Quality Certified® or SCS Indoor Advantage certified. These certifications should be submitted with your Quotation; and Recyclability of components is desirable. This RFP process is an opportunity for each Proponent to highlight how their company is meeting and exceeding ethical, environmental and social responsibility. As described in the City’s Sustainability Charter, the City is committed to protecting the environment and working with businesses in the community that have similar commitments to improve environmental conditions, have fair and equitable work environments for their employees and demonstrate leadership in sustainability. 15. ORDER QUANTITY The City reserves the right to order any quantity necessary to meet the City’s requirements. However, no guarantee is made by the City to purchase any amount of product from any Proponent. RFP (Goods and Services) No. 1220-30-35-10 20 SCHEDULE A-1 GENERAL PRODUCT SPECIFICATIONS/REQUIREMENTS LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY – LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 21 SCHEDULE A-1 GENERAL PRODUCT SPECIFICATIONS/REQUIREMENTS 1. GENERAL PRODUCT SPECIFICATIONS All components meet or exceed the ANSI/BIFMA functional and proof loading requirements, as applicable. Specifications are to be read in conjunction with Schedule A-1 – Attachment #1 (Furniture Specifications and Product Descriptions). Sizes are suggested unless otherwise stated. Where sizes are not specified, we welcome suggestions based on the space layout as provided in the attached floor plans. In small offices where separate components have been specified e.g. bookshelf, cabinet, desk, etc, suggestions for integrated space saving solutions are welcome. Office Seating: Task seating to be fully ergonomic and coordinated by finish and scale to the workstation. Seating specifications to include: adjustable or removable arms, back, height, and seat pan; 5-star base, appropriate castors for floor surfaces; high rub count, stain resistant fabrics; lumbar support and availability in a minimum of two (2) sizes. Pedestals: Locking mechanism with key; File drawers to fully extend on steel ball bearing slides; Interiors have hardware for filing legal or letter file folders, and/or pendaflex; Each box/file or box/box/file pedestal to receive a pencil tray (metal/plastic); and Each workstation to receive a metal or plastic pencil drawer. File and Storage Cabinets: All files and storage cabinets to be similar in appearance and should be available in the same finishes and systems furniture; All file and storage cabinets to have locking mechanism with key; Rails are to be provided for each drawer to file front to back or side to side for letter and legal files; All files to receive the manufacturer’s requirements for counter weights; Each file to have a minimum per drawer weight capacity of 150 pounds; The City requires the right to add or delete file cabinets and other accessories due to budgetary restraints; and Lateral files may be required to be ganged together at the time of installation. RFP (Goods and Services) No. 1220-30-35-10 22 Worksurfaces Work surface material shall be high-pressure laminate with a paper backer on the underside; The work surface shall have a self-edge; The work surface shall have a minimum core material of 45 lb. density furniture grade particleboard; All work surfaces in the workstations shall have grommets, or reveal between the panels in order for cords to pass through to the electrical outlets below; and, Within the offices, there may be a combination of high-pressure laminate and wood surfaces. Keyboard Trays: All office desks and workstations shall be provided with one keyboard tray. The platform specified should be designed to work on the adjacent work surface. Curved products with curved products, etc.; (Note: Keyboard Trays are not required for public computer desks); Mechanism to be adjusted by a simple one-handed motion without the use of locks or levers; Should have a dark neutral finish, such as graphite/black; and, Should be wide enough to fit both full size keyboard and mouse on same work surface area. Key Alike Policy: All furnishings provided to have the ability to be keyed alike; All furnishings within each office or workstation shall be keyed alike. No workstation or office in a contiguous work area will be keyed with the same key # as any other in that area; and Proponent is to provide the City with a master key to all lockable components, files, freestanding and cubicle furniture. An additional ten (10) set of random cores will be provided with five (5) core change keys. Public Area Seating: Stacking chairs – lightweight, durable, sturdy, polypropylene seat and back, must have arms or armless models, e.g. “SONIC”; Guest chairs and chairs for public computer areas – sled based, polypropylene seat and back, armless; and, Bar Stools (level 2 westside) – must have backs, footrests, and be safe and sturdy, e.g. solid round base preferred. Should not be easy to move around. RFP (Goods and Services) No. 1220-30-35-10 23 Lounge Seating: (P)leather or durable easy-to-clean fabric, e.g. “Crypton”; Firm seats and fixed cushions; High Count Rub; Variety of styles from the same family, e.g. must have lounge chairs with tablet arms; Seating preferred for single users, e.g. no sofas or loveseats unless otherwise specified; and, Pieces should not be easy to move around. Work Tables: Variety of tables required – e.g. coffee, end, reading, computer, nesting & folding (lounge seating and public areas); Tables or carrels for computer areas should include wire management; Product line should include wood core, 1-1/8” thick min., with plastic laminate finish in the sizes as listed, with a fixed base; Tabletop to be a minimum of 1-1/8” thick wood core with any high-pressure laminate on top and underside (backing sheet) surfaces; Edge material to be self-edge banding; and Product line should be contemporary, and modern aesthetic appearance e.g. “Fluid Line”. SPECIFICATIONS FOR MISCELLANEOUS ITEMS Specifications should be read in conjunction with Schedule A-1 – Attachment #1. Any and all mounting hardware should be included with all applicable products. RFP (Goods and Services) No. 1220-30-35-10 24 SCHEDULE A-1 – ATTACHMENT #1 LIBRARY FURNITURE ELEMENTS AND SPECIFICATIONS LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY – LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 25 SCHEDULE A-1 – ATTACHMENT #1 LIBRARY FURNITURE ELEMENTS AND SPECIFICATIONS Note: This is a MS Excel Spreadsheet. RFP (Goods and Services) No. 1220-30-35-10 26 SCHEDULE A-1 – ATTACHMENT #2 SPACE PLAN LAYOUTS LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY – LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 27 SCHEDULE A-1 – ATTACHMENT #2 SPACE PLAN LAYOUTS To view and/or print floor space plan layouts please go to the FTP link below, enter the logon and password when prompted, locate folder 1220-30-35-10 and proceed. To view this FTP site in Windows Explorer, click Page, and then open FTP Site in Windows Explorer. ftp://ftp.surrey.ca/ Log on: Password: pur welcome BING THOM ARCHITECTS – ARCHITECTURAL DRAWINGS DRAWING TITLE DATE A-201 C FURNITURE & MILLWORK GROUND FLOOR 09/20/10 A-202 C FURNITURE & MILLWORK SECOND FLOOR 09/20/10 A-203 C FURNITURE & MILLWORK THIRD FLOOR 09/20/10 A-204 C FURNITURE & MILLWORK FOURTH FLOOR 09/20/10 Please note the greyed out area on 4th floor is to be leased out and not initially part of the library. The type of furniture indicated in the drawings does not always match our list, e.g. 4 th floor shows lounge seating outside the ‘Future Literacy Centre” but we have specified tables and chairs. Whenever there’s a discrepancy between the drawings and the furniture list – the list is the most accurate. PROVIDED FOR INFORMATION PURPOSES ONLY. RFP (Goods and Services) No. 1220-30-35-10 28 SCHEDULE A-1 – ATTACHMENT #3 SURREY CITY CENTRE LIBRARY: INTERIOR MATERIALS & FINISHES LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY – LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 29 SCHEDULE A-1 – ATTACHMENT #3 SURREY CITY CENTRE LIBRARY: INTERIOR MATERIALS & FINISHES The following PDF file is a list of “interior materials and finishes” that is on the sample board as shown in Schedule A-1 – Attachment #4. 30-35 Interior Materials & Finishes.pdf . Note: Refer also to Schedule A-1 – Attachment #4 RFP (Goods and Services) No. 1220-30-35-10 30 SCHEDULE A-1 – ATTACHMENT #4 SURREY CITY CENTRE LIBRARY: INTERIOR MATERIALS & FINISHES [SAMPLE BOARD PHOTOGRAPH] LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY - LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 31 SCHEDULE A-1 – ATTACHMENT #4 SURREY CITY CENTRE LIBRARY: INTERIOR MATERIALS & FINISHES [SAMPLE BOARD PHOTOGRAPH] RFP (Goods and Services) No. 1220-30-35-10 32 SCHEDULE A-1 – ATTACHMENT #5 SURREY CITY CENTRE LIBRARY ELEVATOR SHOP DRAWINGS [FREIGHT/PASSENGER] LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY - LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 33 SCHEDULE A-1 – ATTACHMENT #5 ELEVATOR SHOP DRAWINGS [FREIGHT/PASSENGER] 30-35 Freight Elevator Drawings.pdf RFP (Goods and Services) No. 1220-30-35-10 30-35 Passenger Elevator Drawings.pdf 34 SCHEDULE A-2 SURREY LIBRARY FURNITURE GUIDELINES LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY - LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 35 SCHEDULE A-2 SURREY LIBRARY FURNITURE GUIDELINES The interior design objectives for the building are to create an environment that is professional, timeless and innovative. The character and physical space attributes of the City Centre Library will provide the staff and customers with an environment that promotes the City’s mission to provide outstanding service for its citizens. Providing a modern, quality, sustainable and high performance workplace will aid in productivity while increasing employee retention, attraction, morale and overall worker satisfaction. Open office workstations will be designed to create synergies between working groups. Private office furniture within these spaces will be specified with traditional and non-traditional desk and storage systems. Public seating will meet the varying needs of customers providing the user with an optimum library experience. Materials will consist of wood, laminate, metal, glass, fabric, or a combination. Seating will consist of task, stools, management, training, benches, visitor/guest, lounge and others. The building colour palette includes light maple wood and white walls/ceiling/book stack units, with a dark brown carpet. The furniture design contained in this RFP is stated to be preliminary and somewhat of a generic design. It will be the responsibility of the Contractor to work with the City to refine the specifics of the design in accordance with the product specified, design changes requested by City staff, or the City project team. The final design will determine the aesthetics of the facility and it is important that the design/specifications/installation efforts work to create an aesthetically appealing environment for the employees and the citizens of the City. Collaborate with architects, designers, engineers and general contractor as necessary and as it pertains to the purchase, coordination and installation of new furniture. Consideration for electrical locations, telephone and computer equipment, and A/V equipment may impact the furniture design and stated requirements. All components, panels, electrical, hardware, etc. are to be from one system. RFP (Goods and Services) No. 1220-30-35-10 36 SCHEDULE B SAMPLE AGREEMENT LIBRARY FURNITURE ELEMENTS AT CITY CENTRE LIBRARY BETWEEN CITY OF SURREY AND [CONTRACTOR] RFP (Goods and Services) No. 1220-30-35-10 37 SCHEDULE B – SAMPLE AGREEMENT TABLE OF CONTENTS 1. INTERPRETATION ....................................................................................................40 1.1 Definitions ..............................................................................................................40 1.2 Appendices ............................................................................................................41 2. SERVICES .................................................................................................................41 2.1 Services .................................................................................................................41 2.2 Amendment of Services .........................................................................................41 2.3 Additional Services ................................................................................................41 2.4 Standard of Care ...................................................................................................42 2.5 Term ......................................................................................................................42 2.6 Time ......................................................................................................................42 3. PERSONNEL .............................................................................................................42 3.1 Qualified Personnel................................................................................................42 3.2 Listed Personnel and Sub-Contractors...................................................................42 3.3 Replacement of Personnel or Sub-Contractors ......................................................42 3.4 Sub-Contractors and Assignment ..........................................................................42 3.5 Agreements with Sub-Contractors .........................................................................42 4. LIMITED AUTHORITY ...............................................................................................43 4.1 Agent of City ..........................................................................................................43 4.2 Independent Contractor .........................................................................................43 5. FEES AND PAYMENT ...............................................................................................43 5.1 Fees ......................................................................................................................43 5.2 Payment ................................................................................................................43 5.3 Records .................................................................................................................44 5.4 Non-Residents .......................................................................................................44 6. CITY RESPONSIBILITIES .........................................................................................44 6.1 City Information......................................................................................................44 6.2 City Decisions ........................................................................................................45 6.3 Notice of Defect .....................................................................................................45 7. INSURANCE AND DAMAGES .................................................................................45 7.1 Indemnity ...............................................................................................................45 7.2 Survival of Indemnity..............................................................................................45 7.3 Contractor’s Insurance Polices...............................................................................45 7.4 Insurance Requirements ........................................................................................46 7.5 Contractor’s Responsibilities ..................................................................................46 7.6 Additional Insurance ..............................................................................................46 7.7 Waiver of Subrogation ...........................................................................................46 8. TERMINATION ..........................................................................................................46 8.1 By the City .............................................................................................................46 8.2 Termination for Cause ...........................................................................................47 8.3 Curing Defaults ......................................................................................................47 RFP (Goods and Services) No. 1220-30-35-10 38 9. APPLICABLE LAWS, BUILDING CODES AND BY-LAWS ......................................48 9.1 Applicable Laws .....................................................................................................48 9.2 Codes and By-Laws ...............................................................................................48 9.3 Interpretation of Codes ..........................................................................................48 10. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION...................................48 10.1 No Disclosure ......................................................................................................48 10.2 Freedom of Information and Protection of Privacy Act..........................................48 10.3 Return of Property................................................................................................48 11. USE OF WORK PRODUCT .......................................................................................48 12. WORKERS’ COMPENSATION BOARDS AND OCCUPATIONAL HEALTH AND SAFETY ........................................................................................................................49 13. BUSINESS LICENSE ................................................................................................50 14. DISPUTE RESOLUTION ...........................................................................................50 14.1 Dispute Resolution Procedures ..........................................................................50 15. JURISDICTION ..........................................................................................................50 16. GENERAL .................................................................................................................51 16.1 Entire Agreement ...............................................................................................51 16.2 Amendment .......................................................................................................51 16.3 Contractor Terms Rejected ................................................................................51 16.4 Survival of Obligations .......................................................................................51 16.5 Cumulative Remedies ........................................................................................51 16.6 Notices ...............................................................................................................51 16.7 Unenforceability .................................................................................................52 16.8 Headings............................................................................................................52 16.9 Singular, Plural and Gender ...............................................................................52 16.10 Waiver................................................................................................................52 16.11 Signature ...........................................................................................................52 16.12 Enurement .........................................................................................................52 APPENDICES APPENDIX 1 – SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES ...................53 APPENDIX 1-A – GENERAL PRODUCT SPECIFICATIONS/REQUIREMENTS.................53 APPENDIX 1-B - FURNITURE SPECIFICATIONS AND PRODUCT DESCRIPTIONS .......53 APPENDIX 1-C – SPACE PLAN LAYOUTS ........................................................................53 APPENDIX 1-D – SURREY LIBRARY FURNITURE GUIDELINES .....................................53 APPENDIX 2 – FEES AND PAYMENT ...............................................................................53 APPENDIX 3 – TIME SCHEDULE ......................................................................................53 APPENDIX 4 – PERSONNEL AND SUB-CONTRACTORS ................................................53 APPENDIX 5 – ADDITIONAL SERVICES ...........................................................................53 APPENDIX 6 – CONTRACTOR’S TECHNICAL PROPOSAL ..............................................53 RFP (Goods and Services) No. 1220-30-35-10 39 SCHEDULE B – SAMPLE AGREEMENT LIBRARY FURNITURE AGREEMENT REFERENCE No.: 1220-30-35-10 THIS AGREEMENT dated for reference this _____ day of ______________, 201_. BETWEEN: CITY OF SURREY 14245 – 56th Avenue Surrey, BC V3X 3A2 (the "City") OF THE FIRST PART AND: __________________________ (the "Contractor") OF THE SECOND PART RECITALS WHEREAS A. Pursuant to the RFP, the City invited qualified proponents to submit proposals to respond to the City’s request for a contract to, inter alia, provide library furniture elements in the City Centre Library; B. The Contractor submitted a proposal in response to the RFP; and, C. The City selected the Contractor’s proposal and conditionally awarded the Contractor the manufacture, delivery and installation of library furniture elements, subject to the execution and delivery of this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the payment of one ($1.00) dollar and other good and valuable consideration paid by each of the parties to the other (the receipt and sufficiency of which is hereby acknowledged) the City and the Contractor agree as follows: AGREEMENT 1. INTERPRETATION 1.1 DEFINITIONS In this agreement the following definitions apply: “Disbursements” has the meaning set out in section 5.3; “Dispute” has the meaning set out in section 14.1; RFP (Goods and Services) No. 1220-30-35-10 40 “Fees” has the meaning set out in section 5.1; “Indemnitees” has the meaning set out in section 7.1; "Invoice" has the meaning set out in section 5.2(a); “Services” has the meaning set out in section 2.1; "Term" has the meaning set out in 2.5; and “Time Schedule” has the meaning set out in section 2.6. 1.2 APPENDICES The following are the Appendices attached to and forming part of this Agreement: Appendix 1 – Specifications of Goods and Scope of Services; Appendix 1-A – General Product Specifications/Requirements; Appendix 1-B – Library Furniture Elements and Specifications; Appendix 1-C – Space Plan Layouts; Appendix 1-D – Surrey Library Furniture Guidelines; Appendix 2 – Fees and Payment; Appendix 3 – Time Schedule; Appendix 4 – Personnel and Sub-Contractors; Appendix 5 – Additional Services; and Appendix 6 – Contractor’s Technical Proposal. 2. SERVICES 2.1 Services The City hereby retains the Contractor to provide the consulting and professional services as described generally in Appendix 1, including anything and everything required to be done for the fulfillment and completion of this agreement (the “Services”). 2.2 Amendment of Services The City may from time to time, by written notice to the Contractor, make changes in the scope of the Services. The Fees will be increased or decreased by written agreement of the City and the Contractor according to the rates set out in Appendix 2. 2.3 Additional Services The Contractor will, if requested in writing by the City, perform additional services as may be listed in Appendix 5. The terms of this agreement will apply to any additional services, and the fees for additional services, and the time for the Contractor’s performance, will generally correspond to the fees and time of performance as described in Appendices 2 and 3. The Contractor will not provide any additional services in excess of the scope of services requested in writing by the City. RFP (Goods and Services) No. 1220-30-35-10 41 2.4 Standard of Care The Contractor will perform the Services with that degree of care, skill and diligence normally provided by a qualified and experienced practitioner performing services similar to the Services, and on the understanding that the City is relying on the Contractor’s experience and expertise. The Contractor represents that it has the expertise, qualifications, resources and relevant experience to provide the Services. 2.5 Term The Contractor will provide the Services for the period commencing on (START DATE) and terminating on (END DATE) (the “Term”). 2.6 Time The Contractor acknowledges that time is of the essence with respect to the provision of the Services and accordingly the Contractor will provide the Services within the performance or completion dates or time periods (the "Time Schedule") as set out in Appendix 3, or as otherwise agreed to in writing by the City and the Contractor. If at any time the Contractor discovers that the Time Schedule cannot be met it will immediately advise the City in writing and provide a revised Time Schedule. 3. PERSONNEL 3.1 Qualified Personnel The Contractor will provide only professional personnel who have the qualifications, experience and capabilities to perform the Services. 3.2 Listed Personnel and Sub-Contractors The Contractor will perform the Services using the personnel and sub-contractors as may be listed in Appendix 4 and the Contractor will not remove any such listed personnel or subcontractors from the Services without the prior written approval of the City. 3.3 Replacement of Personnel or Sub-Contractors If the City reasonably objects to the performance, qualifications, experience or suitability of any of the Contractor's personnel or sub-contractors then the Contractor will, on written request from the City, replace such personnel or sub-contractors. 3.4 Sub-Contractors and Assignment Except as provided for in section 3.2, the Contractor will not engage any personnel or sub-contractors, or sub-contract or assign its obligations under this agreement, in whole or in part, without the prior written approval of the City. 3.5 Agreements With Sub-Contractors The Contractor will preserve and protect the rights of the City with respect to any Services performed under sub-contract and incorporate the terms and conditions of this agreement into all sub-contracts as necessary to preserve the rights of the City under this agreement. RFP (Goods and Services) No. 1220-30-35-10 42 The Contractor will be as fully responsible to the City for acts and omissions of sub-contractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by the Contractor. 4. LIMITED AUTHORITY 4.1 Agent of City The Contractor is not and this agreement does not render the Contractor an agent or employee of the City, and without limiting the above, the Contractor does not have authority to enter into any contract or reach any agreement on behalf of the City, except for the limited purposes as may be expressly set out in this agreement, or as necessary in order to perform the Services. The Contractor will make such lack of authority clear to all persons with whom the Contractor deals in the course of providing the Services. Every vehicle used by the Contractor in the course of performing the services shall identify the Contractor by name and telephone number. 4.2 Independent Contractor The Contractor is an independent contractor. This agreement does not create the relationship of employer and employee, a partnership, or a joint venture. The City will not control or direct the details, means or process by which the Contractor performs the Services. The Contractor will determine the number of days and hours of work required to properly and completely perform the Services. The Contractor is primarily responsible for performance of the Services and may not delegate or assign any Services to any other person except as provided for in section 3.4. The Contractor will be solely liable for the wages, fringe benefits, work schedules and work conditions of any partners, employees or sub-contractors. 5. FEES AND PAYMENT 5.1 Fees The City will pay to the Contractor the fees as set out in Appendix 2 (the “Fees”). Payment by the City of the Fees will be full payment for the Services and the Contractor will not be entitled to receive any additional payment from the City. Fees, and HST will not exceed the amount of $____________ without the prior written approval of the City. 5.2 Payment Subject to any contrary provisions set out in Appendix 2: (a) the Contractor will submit an invoice (the “Invoice”) to the City requesting payment of the portion of the Fees relating to the Goods and Services delivered, installed and accepted and including the following information: (1) an invoice number; (2) the Contractor’s name, address and telephone number; (3) the City's purchase order number, (4) the percentage of Services completed and Goods delivered; (5) the total budget for the Goods and Services and the amount of the budget expended to the date of the invoice; RFP (Goods and Services) No. 1220-30-35-10 43 (6) taxes (if any); and (7) grand total of the invoice. Note: No prepayments will be allowed. (b) the Contractor will on request from the City provide receipts and invoices for all Disbursements claimed; (c) if the City reasonably determines that any portion of an Invoice is not payable then the City will so advise the Contractor; (d) the City will pay the portion of an Invoice which the City determines is payable within 30 days of the receipt of the Invoice, except the City may hold back from payments 10% of the amount the City determines is payable to the Contractor until such time as the Contractor provides its final report to the City; and (e) if the Contractor offers the City a cash discount for early payment, then the City may, at the City’s sole discretion, pay the portion of an Invoice which the City determines is payable at any time after receipt of the Invoice. Invoices will be submitted by the Contractor by mail to: Name: Address: 5.3 Records The Contractor will prepare and maintain proper records related to the Services, records, receipts and invoices relating to Disbursements. On request from the Contractor will make the records available open to audit examination by the City at during regular business hours during the time the Contractor is providing the Services period of six years after the Services are complete. 5.4 including City, the any time and for a Non-Residents If the Contractor is a non-resident of Canada and does not provide the City a waiver of regulation letter, the City will withhold and remit to the appropriate governmental authority the greater of: (a) 15% of each payment due to the Contractor; or (b) the amount required under applicable tax legislation 6 CITY RESPONSIBILITIES 6.1 City Information The City will, in co-operation with the Contractor, make efforts to make available to the Contractor information, surveys, and reports which the City has in its files and records that relate to the Services. The Contractor will review any such material upon which the Contractor intends to rely and take reasonable steps to determine if that information is complete or accurate. The Contractor will assume all risks that the information is complete and accurate and the Contractor will advise the City in writing if in the Contractor’s judgment the information is deficient or unreliable and undertake such new surveys and investigations as are necessary. RFP (Goods and Services) No. 1220-30-35-10 44 6.2 City Decisions The City will in a timely manner make all decisions required under this agreement, examine documents submitted by the Contractor and respond to all requests for approval made by the Contractor pursuant to this agreement. 6.3 Notice of Defect If the City observes or otherwise becomes aware of any fault or defect in the Services, it may notify the Contractor, but nothing in this agreement will be interpreted as giving the City the obligation to inspect or review the Contractor’s performance of the Services. 7. INSURANCE AND DAMAGES 7.1 Indemnity The Contractor will indemnify and save harmless the City and all of its elected and appointed officials, officers, employees, servants, representatives and agents (collectively the “Indemnitees”), from and against all claims, demands, causes of action, suits, losses, damages and costs, liabilities, expenses and judgments (including all actual legal costs) for damage to or destruction or loss of property, including loss of use, and injury to or death of any person or persons which any of the Indemnitees incur, suffer or are put to arising out of or in connection with any failure, breach or non-performance by the Contractor of any obligation of this agreement, or any wrongful or negligent act or omission of the Contractor or any employee or agent of the Contractor. 7.2 Survival of Indemnity The indemnity described in section 7.1 will survive the termination or completion of this agreement and, notwithstanding such termination or completion, will continue in full force and effect for the benefit of the Indemnitees. 7.3 Contractor's Insurance Policies The Contractor will, without limiting its obligations or liabilities and at its own expense, provide and maintain throughout this agreement the following insurance in forms and amounts acceptable to the City from insurers licensed to conduct business in Canada: (a) commercial general liability insurance on an occurrence basis, in an amount not less than five million ($5,000,000) dollars inclusive per occurrence against death, bodily injury and property damage arising directly or indirectly out of the work or operations of the Contractor, its employees and agents. The insurance will include cross liability and severability of interests such that the coverage shall apply in the same manner and to the same extent as though a separate policy had been issued to each insured. The insurance will include, but not be limited to: premises and operators liability, broad form products and completed operations, owners and contractors protective liability, blanket contractual, employees as additional insureds, broad form property damage, non-owned automobile, contingent employers liability, broad form loss of use, personal injury, and incidental medical malpractice; RFP (Goods and Services) No. 1220-30-35-10 45 7.4 (b) professional errors and omissions insurance in an amount not less that one million ($1,000,000) dollars insuring all professionals providing the Services from liability resulting from errors and omissions in the performance of the Services with a 12 month maintenance period, and (c) automobile liability insurance on all vehicles owned, operated or licensed in the name of the Contractor in an amount not less than three million ($3,000,000) dollars per occurrence for bodily injury, death and damage to property. Insurance Requirements The Contractor will provide the City with evidence of the required insurance prior to the commencement of this Agreement. Such evidence will be in the form of a completed certificate of insurance acceptable to the City. The Contractor will, on request from the City, provide certified copies of all of the Contractor’s insurance policies providing coverage relating to the Services, including without limitation any professional liability insurance policies. All required insurance will be endorsed to provide the City with thirty (30) days advance written notice of cancellation or material change restricting coverage. To the extent the City has an insurable interest, the builder’s risk policy will have the City as first loss payee. The Contractor will be responsible for deductible amounts under the insurance policies. All of the Contractor's insurance policies will be primary and not require the sharing of any loss by the City or any insurer of the City. 7.5 Insurance Requirements The Contractor acknowledges that any requirements by the City as to the amount of coverage under any policy of insurance will not constitute a representation by the City that the amount required is adequate and the Contractor acknowledges and agrees that the Contractor is solely responsible for obtaining and maintaining policies of insurance in adequate amounts. The insurance policy coverage limits shall not be construed ad relieving the Contractor form responsibility for any amounts which may exceed these limits, for which the Contractor may be legally liable. 7.6 Additional Insurance The Contractor shall place and maintain, or cause any of its subcontractors to place and maintain, such other insurance or amendments to the foregoing policies as the City may reasonably direct. 7.7 Waiver of Subrogation The Contractor hereby waives all rights of recourse against the City for loss or damage to the Contractor's property. 8. TERMINATION 8.1 By the City The City may at any time and for any reason by written notice to the Contractor terminate this agreement before the completion of all the Services, such notice to be determined by the City at its sole discretion. Upon receipt of such notice, the Contractor will perform no further Services RFP (Goods and Services) No. 1220-30-35-10 46 other than the work which is reasonably required to terminate the Services and return the City’s property to the City. Despite any other provision of this agreement, if the City terminates this agreement before the completion of all the Services, the City will pay to the Contractor all amounts owing under this agreement for Services provided by the Contractor up to and including the date of termination, plus reasonable termination costs in the amount as determined by the City in its sole discretion. Upon payment of such amounts no other or additional payment will be owed by the City to the Contractor, and, for certainty, no amount will be owing on account of lost profits relating to the portion of the Services not performed or other profit opportunities. 8.2 Termination for Cause The City may terminate this agreement for cause as follows: (a) If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of its insolvency, or if a receiver is appointed because of its insolvency, the City may, without prejudice to any other right or remedy the City may have, terminate this agreement by giving the Contractor or receiver or trustee in bankruptcy written notice; or (b) If the Contractor is in breach of any term or condition of this agreement, and such breach is not remedied to the reasonable satisfaction of the City within 5 days after delivery of written notice from the City to the Contractor, then the City may, without prejudice to any other right or remedy the City may have, terminate this agreement by giving the Contractor further written notice. If the City terminates this agreement as provided by this Section, then the City may: 8.3 (c) enter into contracts, as it in its sole discretion sees fit, with other persons to complete the Services; (d) withhold payment of any amount owing to the Contractor under this agreement for the performance of the Services; (e) set-off the total cost of completing the Services incurred by the City against any amounts owing to the Contractor under this agreement, and at the completion of the Services pay to the Contractor any balance remaining; and (f) if the total cost to complete the Services exceeds the amount owing to the Contractor, charge the Contractor the balance, which amount the Contractor will forthwith pay. Curing Defaults If the Contractor is in default of any of its obligations under this agreement, then the City may without terminating this agreement, upon 5 days written notice to the Contractor, remedy the default and set-off all costs and expenses of such remedy against any amounts owing to the Contractor. Nothing in this agreement will be interpreted or construed to mean that the City has any duty or obligation to remedy any default of the Contractor. RFP (Goods and Services) No. 1220-30-35-10 47 9. APPLICABLE LAWS, BUILDING CODES AND BY-LAWS 9.1 Applicable Laws This agreement will be governed by and construed in accordance with the laws of the Province of British Columbia. The City and the Contractor accept the jurisdiction of the courts of British Columbia and agree that any action under this agreement be brought in such courts. 9.2 Codes and By-Laws The Contractor will provide the Services in full compliance with all applicable laws, building codes and regulations. 9.3 Interpretation of Codes The Contractor will, as a qualified and experienced professional, interpret applicable codes, laws and regulations applicable to the performance of the Services. If an authority having jurisdiction imposes an interpretation which the Contractor could not reasonably have verified or foreseen prior to entering into this agreement, then the City will pay the additional costs, if any, of making alterations so as to conform to the required interpretation. 10. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION 10.1 No Disclosure Except as provided for by law or otherwise by this agreement, the Contractor will keep strictly confidential any information supplied to, obtained by, or which comes to the knowledge of the Contractor as a result of the performance of the Services and this agreement, and will not, without the prior express written consent of the City, publish, release, disclose or permit to be disclosed any such information to any person or corporation, either before, during or after termination of this agreement, except as reasonably required to complete the Services. 10.2 Freedom of Information and Protection of Privacy Act The Contractor acknowledges that the City is subject to the Freedom of Information and Protection of Privacy Act of British Columbia and agrees to any disclosure of information by the City required by law. 10.3 Return of Property The Contractor agrees to return to the City all of the City’s property at the completion of this agreement, including any and all copies or originals of reports provided by the City. 11. USE OF WORK PRODUCT The Contractor hereby sells, assigns and transfers to the City the right, title and interest required for the City to use and receive the benefit of all the reports, drawings, plans, designs, models, specifications, computer software, concepts, products, designs or processes or other such work product produced by or resulting from the Services rendered by the Contractor. RFP (Goods and Services) No. 1220-30-35-10 48 12. WORKERS' COMPENSATION BOARD AND OCCUPATIONAL HEALTH AND SAFETY 12.1 The Contractor will, at its own expense, procure and carry full Workers' Compensation Board coverage for itself and all workers, employees, servants and others engaged in the supply of the Goods and Services. The City has the unfettered right to set off the amount of the unpaid premiums and assessments for the Workers' Compensation Board coverage against any monies owning by the City to the Contractor. The City will have the right to withhold payment under this Agreement until the Workers' Compensation Board premiums, assessments or penalties in respect of the Goods and Services have been paid in full. 12.2 The Contractor will provide the City with the Contractor's Workers' Compensation Board registration number and a letter from the Worker's Compensation Board confirming that the Contractor is registered in good standing with the Workers' Compensation Board. 12.3 The Contractor agrees that it is the prime contractor for the Services for the purposes of the Workers Compensation Act. The Contractor will have a safety program in place that meets the requirements of the Workers' Compensation Board Occupational Health and Safety Regulation and the Workers Compensation Act. As prime contractor, the Contractor will be responsible for appointing a qualified coordinator for insuring the health and safety activities for the location of the Services. The qualified coordinator is: Name: ____________________________ Contact No.: _______________________ The Contractor will advise the City immediately in writing if the name or contact number of the qualified coordinator changes. 12.4 Without limiting the generality of any other indemnities granted by the Contractor in this Agreement, the Contractor will indemnify and save harmless the Indemnitees from and against all claims, demands, causes of action, suits, losses, damages, costs, liabilities, expenses, judgments, penalties and proceedings (including all actual legal costs) which any of the Indemnitees incur, suffer or are put to arising out of or in any way related to unpaid Workers' Compensation Board assessments owing from any person or corporation engaged in the performance of this Agreement or arising out of or in any way related to the failure to observe safety rules, regulations and practices of the Workers' Compensation Board, including penalties levied by the Workers' Compensation Board. 12.5 The Contractor will ensure compliance with and conform to all health and safety laws, by-laws or regulations of the Province of British Columbia, including without limitation the Workers Compensation Act and Regulations pursuant thereto. 12.6 The City may, on twenty-four (24) hours written notice to the Contractor, install devices or rectify any conditions creating an immediate hazard existing that would be likely to result in injury to any person. However, in no case will the City be responsible for ascertaining or discovering, through inspections or review of the operations of the Contractor or otherwise, any deficiency or immediate hazard. RFP (Goods and Services) No. 1220-30-35-10 49 12.7 The Contractor understands and undertakes to comply with all the Workers' Compensation Board Occupational Health and Safety Regulations for hazardous materials and substances, and in particular with the "Workplace Hazardous Materials Information System (WHMIS)" Regulations. All "Material Safety Data Sheets (MSDS)" will be shipped along with the Goods and any future MSDS updates will be forwarded. 13. BUSINESS LICENSE The Contractor will obtain and maintain throughout the term of this Agreement a valid City of Surrey business license. 14. DISPUTE RESOLUTION 14.1 Dispute Resolution Procedures The parties will make reasonable efforts to resolve any dispute, claim, or controversy arising out of this agreement or related to this agreement (“Dispute”) using the dispute resolution procedures set out in this section 14. (a) Negotiation The parties will make reasonable efforts to resolve any Dispute by amicable negotiations and will provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate negotiations. (b) Mediation If all or any portion of a Dispute cannot be resolved by good faith negotiations within 30 days, either party may by notice to the other party refer the matter to mediation. Within 7 days of delivery of the notice, the parties will mutually appoint a mediator. If the parties fail to agree on the appointment of the mediator, then either party may apply to the British Columbia International Commercial Arbitration Centre for appointment of a mediator. The parties will continue to negotiate in good faith to resolve the Dispute with the assistance of the mediator. The place of mediation will be Surrey, British Columbia. Each party will equally bear the costs of the mediator and other out-of-pocket costs, and each party will bear its own costs of participating in the mediation. (c) Litigation If within 90 days of the request for mediation the Dispute is not settled, or if the mediator advises that there is no reasonable possibility of the parties reaching a negotiated resolution, then either party may without further notice commence litigation. 15. JURISDICTION AND COUNCIL NON-APPROPRIATION 15.1 Nothing in this agreement limits or abrogates, or will be deemed to limit or abrogate, the jurisdiction of the Council of the City in the exercise of its powers, rights or obligations under any public or private statute, regulation or by-law or other enactment. RFP (Goods and Services) No. 1220-30-35-10 50 15.2 The Contractor recognizes and agrees that the City cannot make financial commitments beyond the City’s current fiscal year. The City will annually make bonafide requests for appropriation of sufficient funds to cover all payments covered by this Agreement. If City Council does not appropriate funds, or appropriates insufficient funds, the City will notify the Contractor of its intention to terminate or reduce the services so affected within 30 days after the non-appropriation becomes final. Such termination shall take effect 30 days from the date of notification, shall not constitute an event of default and shall relieve the City, its officers and employees, from any responsibility or liability for the payment of any further amounts under this Agreement. 16. GENERAL 16.1 Entire Agreement This agreement, including the Appendices and any other documents expressly referred to in this agreement as being a part of this agreement, contains the entire agreement of the parties regarding the provision of the Services and no understandings or agreements, oral or otherwise, exist between the parties except as expressly set out in this agreement. This agreement supersedes and cancels all previous agreements between the parties relating to the provision of the Services. 16.2 Amendment This agreement may be amended only by agreement in writing, signed by both parties. 16.3 Contractor Terms Rejected In the event that the Contractor issues an invoice, packing slip, sales receipt, or any like document to the City, the City accepts the document on the express condition that any terms and conditions in it which constitute terms and conditions which are in addition to or which establish conflicting terms and conditions to those set out in this Agreement are expressly rejected by the City. 16.4 Survival of Obligations All of the Contractor's obligations to perform the Services in a professional and proper manner will survive the termination or completion of this agreement. 16.5 Cumulative Remedies The City’s remedies under this agreement are cumulative and in addition to any right or remedy which may be available to the City at law or in equity. 16.6 Notices Any notice, report or other document that either party may be required or may wish to give to the other must be in writing, unless otherwise provided for, and will be deemed to be validly given to and received by the addressee, if delivered personally, on the date of such personal delivery, if delivered by facsimile, on transmission, or if by mail, five calendar days after posting. The addresses for delivery will be as follows: RFP (Goods and Services) No. 1220-30-35-10 51 The City: Attention: The Contractor: Attention: 16.7 Unenforceability If any provision of this agreement is invalid or unenforceable, it will be severed from the agreement and will not affect the enforceability or validity of the remaining provisions of the agreement. 16.8 Headings The headings in this agreement are inserted for convenience of reference only and will not form part of nor affect the interpretation of this agreement. 16.9 Singular, Plural and Gender Wherever the singular, plural, masculine, feminine or neuter is used throughout this agreement the same will be construed as meaning the singular, plural, masculine, feminine, neuter or body corporate where the context so requires. 16.10 Waiver No waiver by either party of any breach by the other party of any of its covenants, obligations and agreements will be a waiver of any subsequent breach or of any other covenant, obligation or agreement, nor will any forbearance to seek a remedy for any breach be a waiver of any rights and remedies with respect to such or any subsequent breach. 16.11 Signature This Agreement may be executed in or one or more counterparts all of which when taken together will constitute one and the same Agreement, and one or more of the counterparts may be delivered by fax transmission. 16.12 Enurement This Agreement shall enure to the benefit of and be binding upon the respective successors and permitted assigns of the City and the Contractor. IN WITNESS WHEREOF the parties have duly executed this agreement as of the day and year first above written. CITY OF SURREY [CONTRACTOR] by its authorized signatory: by its authorized signatory(ies): __________________________ ______________________________ RFP (Goods and Services) No. 1220-30-35-10 52 Appendices 1 through 6 will be inserted here if an Agreement is assembled for execution and including the RFP and the successful Proposal. APPENDIX 1 – SPECIFICATIONS OF GOODS AND SCOPE OF SERVICES; APPENDIX 1-A – GENERAL PRODUCT SPECIFICATIONS/REQUIREMENTS; APPENDIX 1-B – LIBRARY FURNITURE ELEMENTS AND SPECIFICATIONS; APPENDIX 1-C – SPACE PLAN LAYOUTS; APPENDIX 1-D – SURREY LIBRARY FURNITURE GUIDELINES; APPENDIX 2 – FEES AND PAYMENT; APPENDIX 3 – TIME SCHEDULE; APPENDIX 4 – PERSONNEL AND SUB-CONTRACTORS; APPENDIX 5 – ADDITIONAL SERVICES; AND APPENDIX 6 – CONTRACTOR’S TECHNICAL PROPOSAL. RFP (Goods and Services) No. 1220-30-35-10 53 SCHEDULE C FORM OF PROPOSAL LIBRARY FURNITURE ELEMENTS CITY CENTRE LIBRARY - LIBRARY DEPARTMENT RFP (Goods and Services) No. 1220-30-35-10 54 SCHEDULE C – FORM OF PROPOSAL RFP Project Title: Library Furniture Elements - City Centre Library RFP Reference No.: 1220-30-35-10 Legal Name of Proponent: Contact Person and Title: Business Address: Telephone: Fax: E-Mail Address: TO: ACTING PURCHASING & AP MANAGER Finance & Technology Dept. Purchasing Section City of Surrey 6645 – 148 Street Surrey, BC Canada V3S 3C7 Dear Sir: 1.0 I/We, the undersigned duly authorized representative of the Proponent, having received and carefully reviewed all of the Proposal documents, including the RFP and any issued addenda, and having full knowledge of the Site, and having fully informed ourselves as to the intent, difficulties, facilities and local conditions attendant to performing the Services, submit this Proposal in response to the RFP. 2.0 I/We confirm that the following appendices are attached to and form a part of this Proposal: Schedule C-1 – Statement of Departures; Schedule C-2 – Proponent’s Experience, Reputation and Resources; Schedule C-3 – Proponent’s Technical Proposal (Project Services); Schedule C-4 – Proponent’s Technical Proposal (Project Timeline); and Schedule C-5 – Proponent’s Financial Proposal (Schedule of Prices). RFP (Goods and Services) No. 1220-30-35-10 55 3.0 I/We confirm that this proposal is accurate and true to best of my/our knowledge. 4.0 I/We confirm that, if I/we am/are awarded the Agreement, I/we will at all times be the “prime contractor” as provided by the Worker's Compensation Act (British Columbia) with respect to the Services. I/we further confirm that if I/we become aware that another contractor at the place(s) of the Services has been designated as the “prime contractor”, I/we will notify the City immediately, and I/we will indemnify and hold the City harmless against any claims, demands, losses, damages, costs, liabilities or expenses suffered by the City in connection with any failure to so notify the City. This Proposal is submitted this _____________________ day of _________________, 201_. I/We have the authority to bind the Proponent. ____________________________ (Name of Proponent) _______________________________ (Name of Proponent) ____________________________ (Signature of Authorized Signatory) _______________________________ (Signature of Authorized Signatory) _______________________________ (Print Name and Position of Authorized Signatory) _______________________________ (Print Name and Position of Authorized Signatory) RFP (Goods and Services) No. 1220-30-35-10 56 SCHEDULE C-1 - STATEMENT OF DEPARTURES 1. I/We have reviewed the proposed Contract attached to the RFP as Schedule “B”. If requested by the City, I/we would be prepared to enter into that Contract, amended by the following departures (list, if any): Section 2. Requested Departure(s) / Alternative(s) The City of Surrey requires that the successful Proponent have the following in place before commencing the Services: (a) Workers’ Compensation Board coverage in good standing and further, if an “Owner Operator” is involved, personal operator protection (P.O.P.) will be provided, Workers' Compensation Registration Number ___________________________; (b) Prime Contractor qualified coordinator is Name: Contact Number: ________________________. ___________________ and (c) Insurance coverage for the amounts required in the proposed Contract as a minimum, naming the City as additional insured and generally in compliance with the City’s sample insurance certificate form (available on the City's web site at www.surrey.ca (search "Insurance Certificates") titled City of Surrey Certificate of Insurance Standard Form); d) City of Surrey business license; e) If the Proponent’s Goods and Services are subject to HST, the Proponent’s HST number is _________________________________; and, f) If the Proponent is a company, the company name indicated above is registered with the Registrar of Companies in the Province of British Columbia, Canada, Incorporation Number ___________________. As of the date of this Proposal, we advise that we have the ability to meet all of the above requirements except as follows (list, if any): Section RFP (Goods and Services) No. 1220-30-35-10 Requested Departure(s) / Alternative(s) 57 3. I/We offer the following alternates to improve the Services described in the RFP (list, if any): Section 4. Requested Departure(s) / Alternative(s) The Proponent acknowledges that the departures it has requested in Sections 1,2, and 3 of this Schedule C-1 will not form part of the Contract unless and until the City agrees to them in writing by initialing or otherwise specifically consenting in writing to be bound by any of them. RFP (Goods and Services) No. 1220-30-35-10 58 SCHEDULE C-2 - PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES Proponents should provide information on the following (use the spaces provided and/or attach additional pages, if necessary): (i) Company Profile: Provide a description of the Proponent’s company, purpose and history of successes including number of years in business, major projects, and what is most responsible for the Proponent’s success to date. Include (if available) a company brochure; (ii) Key Personnel: Provide brief resumes of your proposed project team and the specific role that they will be assigned to on the project. Include at least three (3) relevant and successfully completed projects, with references and telephone numbers for each. Specify total staff count and their roles and responsibilities; (iii) References: Provide information on at least three (3) projects with similar scope, size, and complexity, including location and contact names. These projects should reflect relevant installed applications of library furniture elements. The Proponent may, at its own discretion, expand on the number of references and information that it deems necessary to support its Proposal; and (iv) Sub-Contractors: The Proponent should provide the following information on the background and experience of all sub-proponents proposed to undertake a portion of the Goods and Services: (a) description of Goods and Services; (b) sub-contractor name; (c) years of working with contractor; (d) telephone number and email address RFP (Goods and Services) No. 1220-30-35-10 59 SCHEDULE C-3 - PROPONENT’S TECHNICAL PROPOSAL (PROJECT SERVICES) Proponents should provide information on the following (use the spaces provided and/or attach additional pages, if necessary): (i) a narrative that illustrates an understanding of the City’s requirements and Services; (ii) provide a project plan that will ensure the delivery of the requested Goods and Services. The project plan should be of sufficient detail to demonstrate to the City that the Proponent fully understands and is committed to delivering to the requirements of the scope, specifications and drawings. The description shall include, but is not limited to, the following: • Communication process with the City and the Proponent; • Design and approval process; • Change Management process; and • Implementation/Installation plan. (iii) describe the level of customer service that will be provided, including procedures that will ensure consistency and problem escalation and resolution. The description should include, but is not limited to: • Customer service organizational structure; • Contact process (phone, email, fax, etc.); • Follow up process; • Internal procedures to track customer service contact and resolution; • Escalation process to resolve outstanding customer service issues; • polices for cancellations and changes, reimbursement/credit and return of damaged or unsatisfactory product; • manufacturer’s customer-service policy, including how the Manufacturer deals with manufacturing defects and freight damage; and, • any standard value-added services Proponent will provide at no additional cost to the City. (iv) provide a complete list, catalogue(s), or other reference materials indicating the complete technical specifications of the library general and office furniture your firm can provide the City related to the furniture requirements offered in Schedule A-1 – Attachment #1. Include all available surface types and fabrics with colour charts; (Note: Always refer to the City’s sample board for reference – Schedule A-1 – Attachment #4); (v) proponent should include as part of their Proposal submission: (a) preliminary (concept) design drawings, for all floor levels, indicating a coordinated family of library furniture elements for each level (public and staff areas, including rooms) in accordance with Schedule A-1 – Attachment #2 requirements. Concept design drawings shall be of sufficient detail to facilitate evaluation of the quality and design of the proposed library furniture elements; (b) supporting photographs of typical material and finishes proposed in all public spaces and office areas; and, (c) an “Outline Finishes Schedule” in sufficient detail to describe level of finish for all library furniture elements (public, guest, and employee). RFP (Goods and Services) No. 1220-30-35-10 60 (vi) develop preliminary drawings showing the proposed location for all library furniture elements, and profiles and cross sectional images of the library furniture elements in relation to the existing floor plan layouts; (vii) durability speaks to the capacity of a product to survive hard use in a public library environment. Proponents should submit documented evidence of the durability of their products. Examples may include, but are not limited to: (viii) Product data for each type of product, including materials, construction, and finishing materials and processes; Complete product warranty information including policy on replacement of parts, including; (i) information as to which products are covered by a parts only warranty and thus which include a parts and labour warranty. (ii) description of all City performed maintenance that is either required as part of any warranty or recommended by the Manufacturer; and, (iii) provide information on your company’s ability to provide extended warranties, if required. proponents other than a manufacturer should provide a letter of certification from the manufacturer naming them as authorized reseller/distributors of their products. This information should also include any specific products and/or services the manufacturer does not allow the Proponent to provide. If a manufacturer is submitting a Proposal, the manufacturer should provide dealer/distributor information as follows: Dealer/Distributor Name: Dealer/Distributor Address: City/Postal Code: Contact Person(s): Telephone/Fax Numbers: Email Address: RFP (Goods and Services) No. 1220-30-35-10 61 Supplemental Information: (C) SUSTAINABLE PURCHASING REQUIREMENTS/QUESTIONNAIRE Proponents should indicate how their business practices and operations are consistent with the principles related to the City’s Sustainability Charter. What polices are in place to monitor and manage your firm’s supply chain regarding environmental/sustainability issues: Does your firm have an environmental/sustainability policy statement? If so, please provide it: What programs does your firm have in place, or planned, for promoting resource efficiency? (i.e. an environmental/sustainable or waste audit)? Does your firm have web-based materials available documenting the environmental/sustainability initiatives? If so, please provide it: RFP (Goods and Services) No. 1220-30-35-10 62 SCHEDULE C-4 – PROPONENT’S TECHNICAL PROPOSAL (PROJECT TIMELINE) Proponents should provide a detailed time schedule, with major item descriptions including equipment/materials delivery times, anticipated dates and durations (use the spaces provided and/or attach additional pages, if necessary). No. WORK DESCRIPTION SCHEDULE (IN WEEKS) Weeks: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Substantial Completion Final Completion The final agreed to schedule shall become the contract schedule for the Preferred Proponent. RFP (Goods and Services) No. 1220-30-35-10 63 SCHEDULE C-5 - PROPONENT’S FINANCIAL PROPOSAL Indicate the Proponent’s proposed fee (excluding HST), and the basis of calculation (use the MS Excel spreadsheet provided and/or attach additional pages, if necessary) as follows (as applicable): Schedule of Prices: F.O.B. Destination Freight Insurance Prepaid Item # 1. Payment Terms: Ship Via: and A cash discount of ____% will be allowed if invoices are paid within ___ days, or the ___ day of the month following, or net 30 days, on a best effort basis. Item Name Total Amount Provide all labour, supervision, materials, plant, equipment, layout, etc. to supply and install library furniture elements (seating, workstations, lounge, study, etc.) in accordance with the specifications/requirements and contract drawings as set out in Schedules A through A-2 (Incl.) of this RFQ and all Addenda as may be issued. 30-35 Schedule C-5 (Final).xls Note: This is a MS Excel Spreadsheet. Note: Overheads, General Conditions and Profit are to be included in the above amounts. Subtotal: HST: CURRENCY: Canadian TOTAL PROPOSAL PRICE: 30-35 rfp (final) RDO 7/17/16 10:20 PM RFP (Goods and Services) No. 1220-30-35-10 64