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HomeMy WebLinkAboutRFP - 7375 HOLIDAY LIGHTINGAddendum 1 – 7375 Holiday Lighting Page 1 of 1 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7375: Holiday Lighting OPENING DATE: 3:00 PM (Our Clock) April 26, 2012 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and as follows: 1. Recommended Guidelines for equipment and appearance:  Canopy lights “Warm White” should be equal to or exceed C9 LED lighting with a spacing of 24 to 36 inches.  Wiring on the C9 lighting is preferred to be 10 amp rating.  C9 sockets with “weep holes” for drainage and longer life.  Bulb base should be nickel.  Trunk Wrap Lights “Warm White” should be equal to or exceed 55MM LED lighting with 4” spacing.  Bulb count of 70 per strand.  The wire on the trunk wrap light should be one piece 22 gauge constructions and green in color.  Preferred manufacture or equal to “Minleon”.  Note: The City is interested in exploring any alternative lighting and technology and is not limited to the above guidelines and recommendations. Please contact John Stephen, CPPO, LEED AP, Senior Buyer, Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7375 Holiday Lighting Page 1 of 20 REQUEST FOR PROPOSAL 7375 HOLIDAY LIGHTING The City of Fort Collins is requesting proposals from qualified firms for supply, installation, maintenance, take-down and storage of holiday lighting for the City Old Town area. This is a one year agreement with the option to renew four more years. Written proposals may be submitted in hard copy or electronic format. If submitting hard copies, five (5) copies are required. If submitting an electronic copy, please email to purchasing@fcgov.com. Proposals will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), April 26, 2012 and referenced as Proposal No. 7375. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A pre-proposal meeting will be held April 16, 2012 at 10:00 am at 215 N Mason room 2D. Questions concerning the scope of the project should be directed to Project Manager, Steven Lukowski at (970) 416-2063 or slukowski@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7375 Holiday Lighting Page 2 of 20 equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7375 Holiday Lighting Page 3 of 20 7375 HOLIDAY LIGHTING SCOPE OF WORK The City is looking at various options for the Holiday lights located in Old Town. All lights must be LED Cool White to mimic the appearance of incandescent lighting and will be supplied by the contractor. Option #1 Please provide pricing as a lump sum per year. The City of Fort Collins is requesting copies of proposals for supply, installation, maintenance, take-down and storage (turn key) of holiday lighting for the City Old Town area. • Installation of holiday lighting onto the street trees along pedestrian right-of-way both sides of the street (canopy only) (see picture #1 for example), • Median trees & Plaza(s) trees (trunk wrap and canopy)(see picture #2 for example) are located in the following areas: o College Avenue from Olive St. to LaPorte Avenue o Oak Street Plaza Park o Old Town Square Plaza proper o Walnut St. from Linden to Pine. The trees in these areas vary in size with a total count of 182 (approximate) trees. This will require a minimum of 80,000 (approximate) total linear feet of lighting. All canopies and trunks of the trees shall be wrapped and approved by the City project manager. NOTE: Linear feet is based off of an average length per tree size, (see chart for reference). The reference chart is not intended to be an exact tool for bidding purposes. NOTE: a. Year one of the contract will require the replacement of 50% of the existing lights with new lights. b. Year two of the contract will require the replacement of 50% of the remaining lights not replace in year one. c. Beginning with year number four an ongoing yearly light replacement program of 20% each year will take place. Option #2 Please provide pricing for each location and a lump sum price for all locations per year. Option #2 would encompass all aspects of option #1 with the exception of additional locations to be included: o College Avenue from Magnolia to Olive – 48 (approximate) trees and linear feet. RFP 7375 Holiday Lighting Page 4 of 20 o Mountain Avenue West from College to Mason – 9 (approximate) Trees and linear feet. o Mountain Avenue East from College to Walnut – 33 (approximate) Trees and Linear feet. o Mountain Avenue East from Walnut/Mathews to Riverside – 28 trees and linear feet o NE corner of Mountain and Riverside – 3 trees and linear feet. o Oak Street West from Oak Street Plaza to Mason - 9 Trees and linear feet. o Pine Street from Walnut to Jefferson - 13 (approximate) Trees and linear feet. o Triangle located at Walnut and Pine – 4 Trees and linear feet. o Linden Street from Walnut to Jefferson - 12 Trees and linear feet. Option #3 Please provide a lump sum price per year for a total of 5 years. Option #3 would match the scope of work as outlined in option #1 or #2 but all product would be leased from the contractor. All equipment would be the responsibility of the contractor to maintain and repair during the season they are up and store during the off season at the contractors cost. The expectation of quality would match or exceed the level of service as outlined in option #1. All lights would be replaced by year two of the contract and maintained at a high level through the life of the five year contract. RFP 7375 Holiday Lighting Page 5 of 20 LIGHTING LOCATION MAPS RFP 7375 Holiday Lighting Page 6 of 20 GENERAL REQUIREMENTS 1. All lights must be LED Cool White to mimic the appearance of incandescent lighting and will be supplied by the contractor. All lights must be commercial grade with poly carbonate lenses and the ability to string lights in line to accommodate the installation. 2. Lights must be installed, tested and ready for operation by the first Friday in November and installation must be completed in three weeks. Lights must be installed in a tamper-resistant method as possible. 3. During the light season the contractor shall inspect the lights no less than once every 7 days to ensure proper function and that all lights are in working order. All maintenance of the lights must be provided by contractor and contractor shall have 24 hours to respond to any phone, e-mail or fax notification from the project manager. Contractor must repair any loose light strings or wiring that present a hazard to pedestrians or obstruct the passage of vehicles within 2 hours of notification. A weekly report shall be sent by e-mail to a designated City contact to notify findings, repairs and justified cost. 4. Lights are turned off for the season on February 15 th and removal must be complete within three weeks after that date. Consideration for inclement weather shall be given and must be approved by the project manager. 5. Contractor is liable for all damage of trees during the installation, removal and maintenance phases. All pruning must be completed by an ISA Certified Arborist licensed in the City of Fort Collins. No tree shall be cut in such a manner that its health or eventual safety will be impaired. 6. Proper storage of the lights shall be the contractor’s responsibility. 7. This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. 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 90 days prior to contract end. Awarded contractor must sign the attached Service Agreement and provide insurance per Exhibit “B”. 8. Contractor must provide at least 3 references and examples that are comparable to this work. RFP 7375 Holiday Lighting Page 7 of 20 Picture #1 Canopy Only RFP 7375 Holiday Lighting Page 8 of 20 Picture #2 Canopy and Trunk Wrap RFP 7375 Holiday Lighting Page 9 of 20 REFERENCE CHART Type Size Small Medium Large New Plantings Apple 3 0 0 0 Ash 9 35 0 2 Aspen 2 0 0 0 Buckeye 0 0 0 0 Catalpa 7 0 0 0 Crab 42 0 0 12 Elm 0 0 0 0 Hackberry 13 17 0 1 Kentucky Coffee 0 0 0 0 Linden 4 20 0 0 Locust 3 73 17 3 Maple 0 1 0 0 Oak 3 0 2 3 Pear 0 1 0 0 Spruce 0 0 1 0 Subtotal 86 147 20 21 = 274 Linear Feet Multiplier X 300' X 450' X 700' X 100' Total Linear Feet 25,800 66,150 14,000 2,100 = 108,050 TOTAL RFP 7375 Holiday Lighting Page 10 of 20 REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7375 Holiday Lighting Page 11 of 20 REFERENCE EVALUATION (TOP RATED FIRM) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7375 Holiday Lighting Page 12 of 20 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as RFP 7375 Holiday Lighting Page 13 of 20 herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used 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 party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option 7. 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 Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: 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. Contract Sum. The City shall pay the Service provider for the performance of this RFP 7375 Holiday Lighting Page 14 of 20 Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 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 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. RFP 7375 Holiday Lighting Page 15 of 20 b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, RFP 7375 Holiday Lighting Page 16 of 20 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 any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: RFP 7375 Holiday Lighting Page 17 of 20 a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. 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 RFP 7375 Holiday Lighting Page 18 of 20 the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7375 Holiday Lighting Page 19 of 20 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7375 Holiday Lighting Page 20 of 20 EXHIBIT “ ” INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not 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. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 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.