HomeMy WebLinkAboutContract - Martin Marietta Materials, Inc. - BID - 9957 Asphalt Supply 2024Official Purchasing Document
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Services Agreement
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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 MARTIN MARIETTA MATERIALS, INC., a(n) North Carolina
Corporation, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of five (5) pages and incorporated
herein by this reference.
2. Contract Period. This Agreement shall commence April 4, 2024, and shall continue in full
force and effect until April 3, 2025, unless sooner terminated as herein provided.
3. 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.
4. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Service Provider. Such notice shall be delivered at least 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.
5. 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:
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Service Provider: City: Copy to:
Martin Marietta Materials, Inc.
Attn: Trevor Norton
1800 N. Taft Hill Rd.
Fort Collins, CO 8021
trevor.norton@martinmarietta.com
City of Fort Collins
Attn: Phillip Martinez
PO Box 580
Fort Collins, CO 80522
pmartinez@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
6. 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 Phillip Martinez and can be reached at
pmartinez@fcgov.com. The Representative is subject to change by the City.
7. Compensation. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, as per the attached Exhibit B, consisting
of one (1) 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.
8. 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,
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.
9. Independent Service Provider. The services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or
for any other purpose.
10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the City, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
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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.
11. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period, the
longer of; i.) The original manufacturer’s warranty term; or ii.) beginning with the start of
the work and ending twelve (12) months from and after final acceptance under the
Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired, or replaced by Service Provider in a manner and at a time
acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and
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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.
16. 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.
17. 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 C, 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.
18. Law/Severability. The laws of the State of Colorado shall govern the construction,
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.
19. Utilization by Other Agencies. [Optional] The City of Fort Collins reserves the right to allow
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other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins
in the current term or in any future terms. Nothing herein shall be deemed to authorize or
empower the Agency to act as an agent for the City of Fort Collins in connection with the
exercise of any rights hereunder, and neither party shall have any right or authority to assume
or create any obligation or responsibility on behalf of the other. The other Agency shall be
solely responsible for any debts, liabilities, damages, claims or expenses incurred in
connection with any agreement established between them and the Service Provider. The
City’s concurrence hereunder is subject to the Service Provider’s commitment that this
authorization shall not have a negative impact on the work to be completed for the City.
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. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at https://www. fcgov.com/
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airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this
reference. The City of Fort Collins has implemented this manual for all projects performed for
the City of Fort Collins or located within the City of Fort Collins City limits.
24. 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
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.
25. Haul Routes. All trucks used for work contracted by the City utilizing asphalt from the asphalt
plant located at 1800 North Taft Hill Road may only enter North Taft Hill Road from the North
using CR 54 G and only exit the site on North Taft Hill Road to the North to CR 54G.
26. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of
one (1) page, attached hereto, and incorporated herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
MARTIN MARIETTA MATERIALS, INC.
By:
Printed:
Title:
Date:
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Trevor Norton
General Manager - Metro A & P
4/29/2024
Assistant City Attorney
5/1/2024
Interim City Clerk
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EXHIBIT A
SCOPE OF SERVICES
The City of Fort Collins is requesting bids to provide the City of Fort Collins with Hot Mix Asphalt
(HMA) and Warm Mix Asphalt (WMA) to be picked up by the City or representatives at the
Vendor's asphalt plant.
Method of Award
The City reserves the right to award to multiple Vendors or split the bid award however it is most
advantageous to the City.
Award(s) from this bid and subsequent purchase orders will be based primarily on lowest bid price
plus lowest transportation cost to the job and material availability.
Agreement
The awarded Vendor will receive a Purchase Order from the City authorizing work under this
Agreement. Vendor should not begin any Work prior to receipt of the Purchase Order.
The awarded Vendor is also expected to sign the City’s standard Services Agreement, a sample
of which is attached. The Agreement will be effective for a period of one year.
Invoices & Payments
Invoices should be emailed monthly or after a shipment to invoices@fcgov.com with a copy to the
Project Manager. The cost of the item(s) delivered shall be paid to the Vendor each month
following the submittal of a correct invoice. Vendor should include Purchase Order Number and
a detailed description of item(s) on each invoice submitted. The City pays invoices on Net 30
terms.
Fees, Licenses, Permits
The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits
without additional expense to the City. All equipment shall be properly licensed and insured, carry
the appropriate permits and be placarded as required by law.
Laws and Regulations
All work and/or materials must meet current standards in force by recognized technical and
professional societies, trade and materials supply associations, institutes and organizations,
bureaus and testing laboratories.
The Contractor agrees to comply fully with all applicable local, State of Colorado and Federal laws
and regulations and municipal ordinances to include American Disabilities Act (ADA). The
Contractor further agrees to comply fully with the Occupational Saf ety and Health Act, all
regulations issued there under, and all state laws and regulations enacted and adopted pursuant
thereto.
Insurance
Vendor is responsible for providing the City with insurance as required in the attached Agreement.
Warranty
Vendor warrants the materials will be in compliance with the Standard Specifications.
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WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS, REQUIREMENTS FOR
9957 ASPHALT SUPPLY 2024 PER BID INVITATION, ATTACHED SPECIAL INSTRUCTIONS,
AND ANY REFERENCED SPECIFICATIONS:
The Colorado Department of Transportation “Standard Specification for Road and Bridge
Construction”, latest revision, including all Supplemental Specifications and the current version of
the Larimer County Urban Area Street Standards are made part of this contract by this reference,
except as revised herein, and hereby adopted as the minimum Standard Specification of
compliance for this contract (the “Standard Specifications”).
The purpose of this bid is to provide the City of Fort Collins with Hot Mix Asphalt/Warm Mix Asphalt
to be picked up by the City at the Vendor’s asphalt plant.
Quantities are estimates only and will be used for bidding and award purposes only. The City
reserves the right to award to more than one Vendor. The City reserves the right to award on
cost per ton plus lowest transportation costs to the job and availability of material. Any asphalt
product not in compliance with the Standard Specifcations may be rejected by the City. Vendor
must have silo storage capabilities of a minimum of 500 tons.
Awarded Vendor(s) must enter into the attached Service Agreement (for your review) and provide
the required insurance. This Agreement and Bid Schedule are effective for one year from the
effective date of the Agreement.
The awarded Vendor must supply asphalt as requested by the City departments on demand, with
12 hours prior notice by the City. This applies to pickups Monday through Saturday, occasionally
at night, and infrequently on Sundays, unless legally prohibited. City crews shall not be kept
waiting for loading of asphalt for a period longer than fifteen (15) minutes and should alternate
when loading if Vendor’s trucks are waiting.
The City may require testing of the work, including materials, products, processes and equipment.
The costs for tests not required elsewhere by these specifications shall be paid by the City where
such tests show compliance with the Standard Specifications and/or terms of this Agreement;
otherwise the costs shall be paid by the Vendor.
Any products, materials and equipment condemned or rejected by the City or it’s authorized
inspector because of nonconformity with the Standard Specifications and/or the terms of this
Agreement may be removed or reduced in price as provided in the Standard Specifications. Any
costs to remove and replace non-conforming materials, shall be borne by the Vendor.
The City, and authorized government agents, and their representatives, shall at all times be
provided safe access to the Vendor’s asphalt plant; and the Vendor shall provide facilities for such
access and for inspection.
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REVISION OF SECTION 401
PLANT MIX PAVEMENTS – GENERAL
Section 401 of the Standard Specifications is hereby revised as follows:
The following paragraph shall be deleted from Subsection 401.02 of the Standard
Specifications:
(a)(3) “A sufficient quantity of each aggregate for the Department to perform the tests
specified in Section 3.2.1 of CP 52.”
The Contractor’s proposed job-mix formula for each hot mix asphalt grading will be tested by
the Department utilizing materials actually produced and stockpiled for use on the project.
The job-mix formula for each mixture shall establish a single percentage of aggregate
passing each required sieve size, a single percentage of asphalt cement to be added to the
aggregate, and a single temperature for the mixture at the discharge point of the plant.
When Laboratory tests indicate that a proposed job-mix formula complies with the
specifications as revised for the project, a Form 43 shall be executed between the Engineer
and the Contractor to establish the job-mix formula.
Subsection 401.02 is hereby revised to include the following:
Requests made in writing by the Contractor for changes in the job mix formula shall be
considered by the Engineer. A job mix formula shall be determined by the Contractor and
submitted to the Engineer for approval a minimum of one week prior to the beginning of
construction for each proposed change. The Contractor shall provide the Engineer with a
report from an independent testing laboratory acceptable to the Engineer. The report shall
state the Superpave properties, optimum oil content, job mix formula and recommended
mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility
of the Contractor.
Mix design verification testing shall be the responsibility of the Contractor. A minimum of one
verification per mix design or one per 10,000 ton of mix used shall be provided to confirm oil
content, gradation, air voids, VMA, and stability.
END OF SECTION
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REVISION OF SECTION 403
HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised as follows:
Subsection 403.01 shall be amended to include the following:
This work shall consist of supplying foamed WMA or standard HMA to the City of Fort Collins. This
material shall be picked up by The City of Fort Collins at the Contractor’s asphalt plant. The
material shall include Grading SX, Grading S, and Grading SG Foamed Warm Mix Asphalt (WMA)/
Hot Mix Asphalt (HMA), according to the current Colorado Department of Transportation Design
Criteria and the Larimer County Urban Area Street Standards or as specified herein.
The Asphalt Pavement Material supplier may choose to supply HMA over WMA, if conditions are
not appropriate for the successful production or placement WMA. Water foamed WMA production
technology shall be approved by CDOT and included on the approved product list for Warm Mix
Asphalt at (HTTPS://codot.gov/business/apl/asphalt-warm-mix.html).
Subsection 403.02 shall be amended to include the following:
Laboratory Mix Design – Superpave mix, Grading S, SX, SG - The mix design shall be prepared
by an independent laboratory acceptable to the Engineer. The criterion for the mix design is as
follows:
o Designed according to most recent set of SUPERPAVE Specifications available at
the time.
o A request made in writing by the Contractor for changes in the job mix formula will
be considered by the Engineer.
o The design mix for Grading S, SX, and SG shall conform to the current Larimer
County Urban Area Street Standards and the following:
Property Test
Method
Grading
S
Grading
SG
Grading
SX
Minimum Dry Split Tensile
Strength, kPa (psi)
CPL 5109
Method B
205 (30)
205 (30)
205 (30)
Grade of Asphalt Cement
PG 58-28
PG 64-22
PG 64-28
PG 64-22
PG 58-28
PG 64-22
PG 64-28
Voids in the Mineral Aggregate
(VMA) % minimum CP 48
(a)
(a)
(a)
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(a) Current CDOT Design Criteria
Subsection 403.05 is revised to include the following:
The accepted quantities will be paid for at the contract unit price for each of the pay items listed
below:
Pay Item Unit
403.10 WMA/HMA GR SX (PG 58-28) 20% RAP Ton
403.11 WMA/HMA GR SX (PG 58-28) 30% RAP Ton
403.15 WMA/HMA GR SX (PG 64-22) 20% RAP Ton
403.20 WMA/HMA GR SX (PG 64-28) 20% RAP Ton
403.25 WMA/HMA GR S (PG 58-28) 20% RAP Ton
403.30 WMA/HMA GR S (PG 64-22) 20% RAP Ton
403.35 WMA/HMA GR S (PG 64-28) 20% RAP Ton
403.40 WMA/HMA GR SG (PG 64-22) 20% RAP Ton
The above prices and payments shall include full compensation for furnishing all labor, materials,
tools, equipment, and incidentals, and for doing all the work involved in providing Hot Mix Asphalt
materials, complete, as specified in these specifications, and as directed by the Engineer. No unit
price difference shall be recognized between water foamed WMA and standard HMA materials.
END OF SECTION
Voids Filled with Asphalt (VFA)
%
AI MS-2
(a)
(a)
(a)
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EXHIBIT B
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the term of this Agreement.
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EXHIBIT C
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 ma y
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.
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EXHIBIT D
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: 53AEE7EB-75C9-47CE-8387-25F64AEC89ED
DocuSign Envelope ID: 53AEE7EB-75C9-47CE-8387-25F64AEC89ED
DocuSign Envelope ID: 53AEE7EB-75C9-47CE-8387-25F64AEC89ED