Loading...
HomeMy WebLinkAboutCONTRACT - BID - 9898 SCAFFOLDING FOR DRAKE WATER RECLAMATION FACILITY (DWRF)Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 1 of 16 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and C & D Energy Services, LLC dba Colorado Scaffolding & Equipment Co. Inc; Tradename CD Specialty Contractors a(n) Texas Limited Liability Company, hereinafter referred to as "Service Provider" or “CD Specialty Contractors”. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of three (3) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement. Services shall be completed no later than ten (10) days for installation and ten (10) days for dismantling scaffolding. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. The City may, at any time during the term of the project, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of one (1) page and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence December 15, 2023, and shall continue in full force and effect until December 14, 2024, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed one (1) additional one year. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 5. Early Termination by City. Notwithstanding the time periods contained herein, the City may DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 2 of 16 terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: CD Specialty Contractors Attn: Daniel Silva 4540 E 60th Avenue Commerce City, CO 80022 dlopez@cdspecialtycontracto rs.com City of Fort Collins Attn: Bounkheana Chhun PO Box 580 Fort Collins, CO 80522 bchhun@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City Representative. The initial City Representative for this agreement is Bounkheana Chhun and can be reached at bchhun@fcgov.com. The Representative is subject to change by the City. 8. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, up to sixty-eight thousand seven hundred sixty nine ($68,769.00) as per the attached Exhibit B, consisting of two (2) page and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 3 of 16 and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship. DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 4 of 16 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit D, consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. Law/Severability. The laws of the State of Colorado shall govern the construction, DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 5 of 16 interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 23. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 6 of 16 been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 24. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 7 of 16 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Stacie M Terrazas Title: Executive Operations Manager Date: DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 1/17/2024 Assistant City Attorney ll 1/19/2024 Chief Deputy City Clerk Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 8 of 16 EXHIBIT A SCOPE OF SERVICES The Service Provider will provide all labor and materials to stage, erect and dismantle all scaffolds to meet or exceed O.S.H.A. Guidelines. CD Specialty Contractors will provide scaffolding to allow the City to perform the intended scope of work. CD Specialty Contractors will provide supervision, engineering, material, labor, freight, and consumables to stage, erect and dismantle the scaffolds. CD Specialty Contractors will also train the City’s identified representative(s) to the level necessary to perform the daily inspection as a competent person(s) utilizing an inspection checklist to be furnished by CD Specialty Contractors. A more detailed summary of requirements follows: 1) Scope description. a) Scaffold i. The City will provide a staging area within 10 ft of the intended work area. ii. CD Specialty Contractors will provide a scaffold to give access to the walls and the top of the tank. iii. CD Specialty Contractors will provide lighting, hole watch, and air monitoring. iv. CD Specialty Contractors will ensure that the scaffold is 6’ below the intended work area. v. CD Specialty Contractors will ensure that the scaffold is 12-16” away from all walls. vi. CD Specialty Contractors will provide access around the perimeter of the wall and one flush deck level at the top of the tank. vii. CD Specialty Contractors will have the required confined space entry training certifications and personal protective equipment required to complete the installation and dismantling of the scaffolding. viii. Forklift is included in the pricing. ix. Engineering and Freight are included in the pricing. 2) CD Specialty Contractors will deliver the scaffolding materials needed to complete scaffolds. a) CD Specialty Contractors needs permission to park our materials truck in an area no more than 80’ distance from the work area. i) Our flatbed trucks can measure up to 25' long. b) Scaffold pieces will be staged using rolling carts or passing material by hand with a man chain line. 3) Scaffolds shall include a working deck with guardrails, toe boards, and an access ladder until the intended height is reached to meet and or exceed O.S.H.A. Standards. a) The scaffold will be erected for standard-duty use, as defined by O.S.H.A. at 25 psf. b) If a high-duty scaffold is required, additional pricing will apply for a third-party engineer to provide a design. 4) CD Specialty Contractors will be responsible for training the City’s identified representative(s) to the level necessary to perform the daily inspection as a competent person(s) utilizing an inspection checklist to be furnished by CD Specialty Contractors 5) CD Specialty Contractors requires a customer representative on-site to show our scaffolding crew where the scaffolding is needed or any other procedures pertaining to the job site. (Parking areas, temp. badges, restrooms, break areas, allowed or off-limit areas, etc.) DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 9 of 16 a) The customer representative must be available and sign our completion documents at the end of the day. i) This is to help deliver and confirm the scaffold the customer requested. ii) Failure to comply with 4.a above may incur additional charges to return and fix the scaffold subject to a change order as defined in Exhibit C. 6) A two-week notice is required to schedule the complete scaffold installation & dismantle. 7) The City is responsible for removing debris, paint, or cement from the scaffold before CD Specialty Contractors can dismantle it. 8) Please reference the renderings below for the anticipated scaffold design. This is for demonstration and bidding purposes. a) The design below is not engineered. Bid Schedule / Compensation attached in Exhibit B includes the not to exceed estimate for engineering services. b) Engineering has a lead time of 5-10 business days to complete. c) Changes to the Bid Schedule / Compensation will be subject to a change order defined in Exhibit C. 9) This pricing does NOT include: a) Prevailing Wages b) Scaffold modifications or additions after the original scope has been installed. c) Scaffold inspections after CD Specialty Contractors completes the scaffold installation and inspection and the City has accepted the scaffolding. DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 10 of 16 d) Anticipated Scaffolding Design DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 11 of 16 EXHIBIT B BID SCHEDULE/ COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Service Provider detailed the Lump Sum unit pricing for your project. CD Specialty Contractors shall provide a safe work platform and a safe and cost-effective workforce. The Service Provider acknowledges it understands the meaning of safety, timely schedules, and tight budgets. The Service Provider is committed to provide the City with superior service. Summary of Pricing Item # Quantity Description Unit Price Total 1 1 Scaffolding erection/dismantling, engineering, freight, 28-day rental x 1 $41,162.47 $41,162.47 2 9 Scaffolding rental, 28-day rental x 9 $1,502.47 $13,522.23 3 1 Confined Space Hole Watch Labor $8,169.00 $8,169.00 4 10 Lighting rental, 28-day rental x 10 $591.53 $5,915.30 Total: $68,769.00 Comments: Scaffolding erection/dismantling, engineering, freight, 28-day rental x 10 Detailed breakdown of pricing Bid Schedule Pricing Install and Dismantle Scaffolding Included in $35,300 lump sum proposal Freight $1,280.00 Engineering $3,080.00 Scaffolding Daily Rental Fee   $50.00 *Scaffolding Weekly Rental Fee   $350.00 *Scaffolding Monthly Rental Fee  $1,397.00 *Tax $105.47 estimated nine (9) months of rental $13,522.33 for 9-month rental Hole watch (confined space Lump sum for install and DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 12 of 16 attendant and supervisor), lighting, and personal air monitors. dismantle $8,169 **Hole watch Daily Rental fee $20.00 **Hole watch weekly Rental fee $100.00 **Hole watch Monthly Rental fee $550.00 **Monthly Rental Tax for lighting and air monitoring $41.53 ** estimated ten (10) months of rental $5,915.30 for 10-month rental Total Estimated $68,769.00 1) Scaffolding Labor shall be invoiced 60% ($21,180.00) upon Erection. 2) Scaffolding Labor shall be invoiced 40% ($14,120.00) upon Dismantle. 3) Scaffolding Freight shall be invoiced 50% ($640) upon erection and 50% ($640) upon dismantlement. 4) Scaffolding rental and applicable sales tax shall be invoiced 100% at the beginning of every 28-day cycle. 5) The above price includes the anticipated applicable Sales Tax for equipment rental. Sales Tax is subject to change at time of invoicing. 6) The City has provided a valid tax exemption certificate on page 2 section 8 of the agreement. 7) In the State of Colorado, rental equipment is an exception to the tax exemption. 8) Any engineering fees ($3,080.00) shall be invoiced 100% upon completion of drawings. 9) Upon final Scaffold Acceptance (Appendix A) and turnover of scaffold from the Service Provider to the City, the City shall be responsible for reasonably complying with the Service Providers’ written guidelines provided to the City prior to Scaffold Acceptance and turnover. 10) The City will be responsible for loss due to fire or theft after Scaffold Acceptance. DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 13 of 16 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Service Provider's Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Service Provider By: Date: Name: Title: ACCEPTANCE: Date: Name, City Representative REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000 DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 14 of 16 EXHIBIT D INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 15 of 16 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9898 /Scaffolding for Drake Water Reclamation Facility (DWRF) Page 16 of 16 Appendix A SCAFFOLD ACCEPTANCE This scaffold acceptance serves as the final acceptance of the scaffold equipment and erection thereof in accordance with the scope of work as agreed upon for this project. Except in the event the City identifies a defect or other cause for concern not caused by the City, any future changes or modifications to the scaffold or its components by CD Specialty Contractors beyond the date specified on this document will be required to have a signed change order request provided to CD Specialty Contractors before any changes or modifications can or will be performed. The City will not make any changes, modification, movement, partial or full dismantle of the scaffold and its components. A change order will be initiated by the City to CD Specialty Contractors in the event the City wishes to make any changes after acceptance. The City will inspect the scaffolds and scaffold components for visible defects by a competent person before each work shift utilizing the checklist provided by CD Specialty Contractors as may be reasonably supplemented to incorporate any additional items the City deems appropriate. The City of Fort Collins: City Representative: Title Jobsite Location: Description of Scaffold(s): City Representative Signature Date CD Specialty Contractors Representative Signature Date DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/14/2023 Graham Company, a Marsh &McLennan Agency,LLC company One Penn Square West 25th Floor Philadelphia PA 19102 Kevin Shipe/Brett Nealis 215-701-5282 Kilgarriff_Unit@grahamco.com Zurich American Insurance Company of Illinois 27855 CDSPECI-01 American Guarantee &Liability Ins.Co.26247ColoradoScaffolding&Equipment,Inc. C&D Energy Services,LLC, CD Specialty Contractors 4540 E.60th Avenue Commerce City CO 80022 AXIS Surplus Insurance Company 26620 Gotham Insurance Company 25569 Zurich-American Insurance Company 16535 255327112 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X X Y GLO8755417-00 4/1/2023 4/1/2024 2,000,000 B 1,000,000 X Y BAP8755416-00 4/1/2023 4/1/2024 C D X 10,000,000 X P-001-001141150-01 EX202300003241 4/1/2023 4/1/2023 4/1/2024 4/1/2024 10,000,000 E X N WC8755418-00 4/1/2023 4/1/2024 1,000,000 1,000,000 1,000,000 RE:All Projects The City,its officers,agents and employees are additional insureds on the above General Liability and Auto Liability Policies if required by written contract. City of Fort Collins –Purchasing Division PO BOX 580 Fort Collins CO 80522 DocuSign Envelope ID: 43D01323-74AF-4F00-ACD9-3F32C33C16F0