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HomeMy WebLinkAbout128847 CRYSTAL LANDSCAPE SUPPLIES - CONTRACT - BID - 6113 SNOW AND ICE REMOVALSERVICES 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 Crystal Landscape Supplies Inc., hereinafter referred to as "Service Provider'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. This Contract shall constitute the basic agreement between the parties for removal of snow and ice from sidewalks, parking lots and streets located within the City of Fort Collins from designated properties in accordance with Exhibit A, attached hereto and by this reference made a part hereof. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City. The City shall notify Service Provider verbally, via email or fax of services to be performed. Such notification shall include the location of such services and any other special circumstances relating to the services. If the Service Provider cannot be reached for notification, the City may elect to have the services performed by others. Nothing within this Contract shall obligate the City to have any particular service performed by the Service Provider. If, upon arrival at the work location, the Service Provider finds that any or all of the work assigned has been or is being accomplished by others, the Service Providershall leave the location and immediately notify the City Representative. 2. Time for Completion. The services described herein shall be completed by the Service Provider within forty-eight (48) hours after receiving notification to proceed. 3. Chanaes in the Work. The City may, at any time during the term of a particular work assignment and without invalidating the Contract, make changes within the general scope of the T IT F F CO)LINS COLORADO BY: James B 'Neill, II, PO, FNIGP �ri'lDirector of Purchassiing and Risk Management Date: ( I— O ' 1" I COMP NAME: Crystal Landscape Supplies Inc. By: PRINT NAME Phone# Aanal �Qkn - ?7!-a . EXHIBIT A ,SCOPE OF WORK The work consists offurnishing any equipment arid labor deemed necessary on call by the City Streets Department or Neighborhood Services to remove snow and ice hazards from City streets parking lots and sidewalks per the terms of a Contract for Snow and Ice Removal (attached) Clearing of snow shall occur before the high traffic periods of the day when the snowdepthis2"ormore(730am-830am 1200pm-100pm 430pm-6pm)ores specified by Streets Department representative Some sidewalks may have had additional deposits of snow or ice placed upon them by City snowplows during street snow removal operations Only those sidewalks specified by the Streets Department or Neighborhood Services will be cleared as a part of this contract 9 is the responsibility of the adjacent residents/ to Gear sidewalks of free -falling snow 2 The City rs requesting an hourly cost to provide equipment operators to operate a variety of snow removal equipment including but not limited to small and large articulated tractors skid steers and the like Vendors must be experienced to operate the equipment and the City reserves the nghtto approve and remove vendors without cause Vendor must provide liability insurance for property including the responsibility to reimburse the City for damages to City equipment due to unreasonable use or negligence by the operator 3 Vendor must be able to provide the equipment bid and a qualified operator Sunday through Saturday (24/7) at airy bme within two hours of bang called by the City Representative Phone contact with a company representative qualified to dispatch equipment must be available at all bares The City Representaterewill bytoschedule nighVweekendwork inadvance dposs6le 4 Material from any site may be hauled to various dump sites located around the City as directed by the City Representative Other City departments may use this bid 5 All Truitt Drivers must have a valid CDL license and all operators must be qualified to operate the equipment Any person (contractor) who operates a commercial motor vehicle as defined in §382 107 in intrastate or interstate commerce and is subject to the oomimercial driver's license requirement of 49 CFR part 383 must be included in an alcohol and controlled substances testing program under the Federal Highway Administrellon s rule Documentabon of proof must be submitted with this bid prior to performing work for the City of Fort Colons 6 All equipment must comply with all DOT CDL and any other local/State/Federal requirements Trucks must be equipped with an effective load covering tarp it required by City Representable 7 All work shall be done in a professional SAFE courteous and efficient manner The driver or operator shall exercise to utmost courtesy to other drivers and pedestrians The City reserves the right to terminate contract with a vendor for not performing in a professional SAFE courteous and of ctent manner 8 The City shall not be responsible for any equipment failures damage to equipment or maintenance required on the equipment The vendor is responsible for all fuel required 9 Any damage caused by the vendor's equipment or driver shall be the sole responsibility of the vendor The vendor shall indemnify and hold harmless the City for any damage done by the vendors equipment/driver to any member of the public private property and any part of the right-of-way if Cdy-awned equipment or City employees directly cause any damage the City will assume responsibility for the damage 10 At no time whatsoever shall the driver be considered or become a City employee 11 The City will not guarantee hours Vendors will be used on an as needed basis depending on needs availability and type of equipment 12 Hours waked must be approved at the end of each day by the City Representable Hours will be counted from the time of amval on the lob site(not from the time of notification) and will end per direction of the City Representative 13 The City shall have the option to proceed with calling the next available vendor d the lowest vendor is not available In case of a tie the City Representative will alternate calling the tied vendors Vendors who wantto"for the City, butwere not included in the original b*d wdlbe added to the end of the list regardless of price upon approval by the City When special condrtionsanse the City shall have the option to choose the vendor to fit any special equipment needs 14 At the option of the City the Agreement maybe extended for additional one year penods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and will use the Denver -Boulder CP W as published by the Colorado State Planning and Budget Office as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end 15 The City does not intend to award to one vendor but will issue multiple awards 16 Vendors that are completing sidewalk snow abatements must pride a digital camera with sufficient memory or memory cards capable of taking and storing up to 100 digital photos Venda must be able to download to a City PC or e-mad before and after pictures to the City representative using either Adobe Photo Delux or Camedra software Al digital photos provided are the property of the City ! EXHIBIT B BID SCHEDULE I We hereby enter our bid for the City oflFort Collins' requirements for City Street, Parking Lots and Sidewalk Snow and Ice Removal. NOTE: Any move -on charges for sidewalk clearing will be assessed at fifty percent (50%) of your hourly rate for each job. Please attach an equipment list with cost for equipment and operator for equipment beyond this bid schedule. Contractor Name CRYSTAL LANDSCAPE SUPPLIES INC. 1. END DUMPS Capacity (yds) Number of Units Rate per Hour Vehicle 60 2 $85.00 Kenworth W900 50 1 $85.00 Kenworth T800 40 2 $85.00 Peterbilt 379 Rocktub 2. TANDEM DUMP I Capacity (yds) Number of Units Rate per Hour Vehicle 1 $65.00 Peterbilt 379 Rocktub 1 $65.00 Kenworth T800 1 $65.00 Kenworth W900 Split Load 3. SINGLE AXEL DUMP Capacity (yds) Number of Units Rate per Hour Vehicle 4. WHEEL LOADER Capacity (yds) Number of Units Rate per Hour Vehicle 1 $115.00 Volvo L70F w/Grapple Bucket 1 $115.00 Volvo L90E w/fork or Bucket 1 $115.00 Volvo L120E w/Bucket 5. MOTOR GRADER Capacity (hp) Number of Units Rate per Hour Vehicle I 6. OTHER LARGE (i.e. Unimog) Capacity INumber of Units Rate per Hour Vehicle I 7. BACK HOE Capacity (hp) Number of Units Rate per Hour Vehicle 8. SKID STEER Capacity (hp) Number of Units Rate per Hour Blade/Broom 1 $105.00 Bobcat S300 w/Grapple Bucket 1 $105.00 Bobcat S300 w/Grapple Bucket 1 $105.00 Bobcat A300 w/Grapple Bucket 1 $105.00 Bobcat T320 w/Forks or Bucket 1 $105.00 John Deer 332 w/Forks or Buck 1 $105.00 John Deere CT332 w/Forks or Bucket 1 $105.00 John Deere 320 w/Forks or Bucket 9. SMALL TRACTOR Capacity (hp) Number of Units Rate per Hour Blade/Broom 10. OTHER SMALL EQUIPMENT(i.e. Walker Mower with blade Capacity (hp) Number of Units Rate per Hour Blade/Broom 11. WALK -BEHIND SNOW BLOWER Capacity (hp) Number of Units Rate per Hour Width 12. PICK-UP WITH PLOW Capacity (ton) Number of Units Rate per Hour Blade width 13. HAND SHOVELING AND DE-ICER APPLICATION Rate per Hour De-icer per lb $ I 14.OPERATING CITY OWNED EQUIPMENT Rate per Hour i EXHIBIT C CITY OF FORT COLLINS STREETS, PARKING LOTS AND SIDEWALK SNOW AND ICE REMOVAL BILLING INSTRUCTIONS AND INVOICE FORM VENDOR NAME: ADDRESS (STREET & #) CITY, STATE, ZIP CODE: INVOICE NO.: BILLED TO: (CITY OF FORT COLLINS) WORK DONE (DATE/S AND TIM PHONE NUMBER: INVOICE DF HOURS: WORK ACCOMPLISHED: ICEMELT MATERIAL USED: (IN POUNDS) CHARGE: CHARGE: $ INSTRUCTIONS 1. Invoice date will be the date you are billing the City of Fort Collins. 2. Hours will be man hours. 3. Work done is date/s and time/s you do the work. 4. Work accomplished: Removal, truck only; removal, grader, blower, truck, amount of icemelt material used or whatever combination you used. 5. Attach an original copy of "Lien Release" form for each Subcontractor or Supplier used to each invoice dated the same date or subsequent to the invoice date. Failure to do so will result in the denial of payment until Contractor is in compliance. EXHIBIT D INSURANCE AND LIABILITY General. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Compensation and Employer's Liability. The Service Provider shall maintain during the life of this Agreement Workers' Compensation insurance as required by Colorado law, and Employer's Liability Insurance, in an amount not less than $400,000 for each occurrence, for all of the Service Provider's employees engaged in work performed under this Agreement. B. Commercial General Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for claims for damages for 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 to be provided shall be not less than $500,000 combined single limits for bodily injury and property damage. In the event any work under this Agreement 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. OP ID: GG ,d►`c� v CERTIFICATE �OF LIABILITY INSURANCE MIT 11104111 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 r..,.,..,.,: 11 uw w caw JUJ nower IS an ni"rwst INSURED, the pollcygn) must I, er,Ionad. N SUBROGATION ts WAIVED. W—d ts the terns and Conditions of the poncy, certain policies may require an endorsement A statement on this cerORcate does not confer rights to the —'Rn M..-I-IL... M-.— a _v JT .Ste 200 Crystal Landscape Supplies 6616 N. Garfield Ave. Loveland, CO 80538-1116 COVERAGES CFRTIRCATC NUMBER ----' - NcvlaluN numncm: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRMSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIGTE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY P— AID CLAIMS. Slat TYPE OF MIUIRAMCE AM Sam pOIICY NUMBER -050tvw L1Mlb B GENERAL X LIABILITY COMMERCIALGENERALLMRLrTY CIAIN E OCCUR CPGLA07533108871 12101MO 12101H1 EACHOCCURRENCE 3 1,000,Q0 pR omrlao MEDEXP( a/IS pprpn) 3 100,00 1 5.00 PERSONAL B ADV INJURY 3 1.000,00 GENERAL AGGREGATE f i.000A GENT AGGREGATELMrAPPLIEb PER: LIC X POY PR4 LoC PRODUCTS-COAIP/OPAGG 3 2,000,00 3 WLRLITY O CPBA75331008871 12/01110 12/O1H7 COMBMED SINGLE LIMIT (��) 3 1,000.00 BODILY RLNRv (PSrpNim) 3 EDAUTOS aomLY INJURY (PST Kdd013) f u¢D ALros PROPERTY DAMAGE (PStSttNaR) 3 TOS LONENED NED AUTOS Comp Ded i 1,OQ Coll Oed 3 1,00 /1LMa me OCCUR CUMMSJMDE NIA EACHOCCURRENCE f AGGREGATE 3 DEDUCTIBLE 3 A B PETEMgN WORMERS coIVENSATIox AMDBMROYERS LIABILITY A14Y 4LEYBFRE%CLUDERI CUTNE Y❑N (rrSlleSbry MN11) Myer yvb ulyr DESCRNGON F PEMTIONS pplp✓ InlandMarm M/A 1312 cPCIarT5Illoesn 06/01/11 12/ovlo 06I01/12 1IIov11 WCSTATIPMOILIMITS orH- f EL EACH ACCIDENT f 100.0D EL DRiEABE-EA EMMOWE f 100,00 E.L. DISEASE-POLICYLIMn Equipment f SQ nn em. Deduetlbl 1, DESORPTION OF written eCllbla,eean SpinbIAa1WrS1 co tract r written reement,ACCt1M. it of en aggreement, Me Nat o1 Fort 5 required by wTHtsn contractor Insured GeneraCollhos ts Included as Additional Insured for ongoing open ores under General Liability. eeRTlelrwre un1 ne-e _ CITYOFC City of Fort Collins 216 North Mason Street Fort Collins, CO $0524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED M ACCORDANCE WITH THE (POLICY PROVISIONS. A� REP126ENTATNE All rinhts .- -----/ 1.Ie . umw name ana logo are registered made of ACORD particular work assignment and the Service Provider agrees to perform such changed work. 4. Materials. Equipment and Labor. The Service Provider undertakes and agrees to furnish and pay for all materials, supplies, labor, transportation, equipment, tools, services and supervision necessary to perform any services hereunder. Exception is when the vendor is operating City provided equipment. 5. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until November 15, 2012, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional four year period. I Pricing changes shall be negotiated by and agreed to by both parties and may use the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. 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 parry so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. Termination. (A) The City shall have the right to terminate this Contract as to any work assignment for default should the City determine that the Service Provider is failing to prosecute the work in a manner which will assure timely completion or that the Service Provider is not performing any of the provisions of this Contract or the notification. (B) The City shall have the right to terminate this Contract for default, barring the Service Provider from further participation in the Snow and Ice Removal Program, should the City determine that the Service Provider repeatedly fails to complete the work within the time required or otherwise fails to perform the work in accordance with the provisions of this Contract. (C) If the City terminates for iJefault, the City shall not be liable for any further payments to the Service Provider whatsoever, and the Service Provider shall be liable for any costs to the City as a result of the termination. The City's rights herein shall be in addition to any other remedies it may have under the law. (D) Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins, Purchasing P.O. Box 580 i Ft. Collins, CO 80522 Service Provider: Crystal Landscape Supplies Inc. Attn: Shane Lorenz 6616 N Garfield Ave Loveland, CO 80538 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Payments. (A) The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in the performance of the work under the notification in accordance with the prices stated within the Bid Schedule Proposal Form, attached hereto as Exhibit B and by this reference made a part hereof. (B) The Service Provider shall submit invoices on the City's form entitled "Snow and Ice Removal Billing Instruction and Invoice Form" attached hereto as Exhibit C and by this reference made a part hereof. Failure to use this form will result in delayed payments. Invoices must contain all requested information and must be received by the City within five (5) working days after i completion of the work assignment. (C) Within thirty (30) days after the final acceptance of the work, the City Representative will certify the total work done and the amount due and payment will be completed. Payment shall be made by the City only upon completion of the work by the Service Provider in a satisfactory manner and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such services. 9. City Representative. The City will designate a representative who shall make, within the scope of there authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 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. 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 i City under this Agreement or cause of, action arising out of performance of this Agreement. 13. Warran (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 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 nonconformance's in design, materials and workmanship for a period beginning with the start of the work and ending twelve i (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 nonconformance, 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 parry shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non- defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Indemnity/Insurance. 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 I 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 Director of Purchasing and Risk Management, 215 N. Mason, 2nd Floor, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in eitherthe a -Verify program created ! in Public Law 208, 104th Congress,! as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Amendment 54. To the extent that this Agreement may constitute a "sole source government contract' within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: a. Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions.