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HomeMy WebLinkAboutBID - 7492 FOURTH OF JULY FIREWORKSBID 7492 Fourth of July Fireworks Page 1 of 15 INVITATION TO BID 7492 FOURTH OF JULY FIREWORKS BID OPENING: 3:00 P.M. (our clock), APRIL 2, 2013 The City of Fort Collins is requesting bids from firms for a Fourth of July fireworks display. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), April 2, 2013. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. Questions concerning the scope of the bid should be directed to Marshall Thornberry, Parks Crew Chief at (970) 221-6303 or mthornberry@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 Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or 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 BID 7492 Fourth of July Fireworks Page 2 of 15 corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. 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, 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. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management BID 7492 Fourth of July Fireworks Page 3 of 15 CITY OF FORT COLLINS BID PROPOSAL BID 7492 FOURTH OF JULY FIREWORKS BID OPENING: APRIL 2, 2013, 3:00 (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR FOURTH OF JULY FIREWORKS PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids for a July 4th fireworks display. 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. Any technical questions regarding this bid should be directed to Marshall Thornberry, Crew Chief with Parks, at (970) 221-6303 or mthornberry@fcgov.com. Any purchasing questions or inquiries regarding this bid should be directed to: John Stephen, CPPO, LEED AP, Senior Buyer (970) 221-6777 or jstephen@fcgov.com. BID SCHEDULE Bidder must provide a detailed description of the types of shells and display arrangement of the proposed show with the bid. The bidder agrees to furnish and electronically shoot a 4th of July fireworks display per the terms, conditions and specifications for the lump sum price of: Base Bid ---Twenty Minute Show $______________________________________________________Dollars ($_____________) Name of Firm________________________________________________________________ Address____________________________________________________________________ Telephone #___________________________ Email_________________________________ Signature___________________________________________________ Printed Name:_______________________________________________ BID 7492 Fourth of July Fireworks Page 4 of 15 Bid Submittal 1) Include the name(s) of the supervising pyro technicians responsible for setup and firing of this display. 2) Briefly outline the qualifications, background, years of experience, related schools, etc. for each supervisor named. 3) Provide a separate attachment describing your show and include any unique features, sequences, unusual shells or special effects used. 4) Describe safety precautions/procedures you use. 5) References - Include the names, phone numbers and addresses of at least three references you have furnished similar displays for preferably in the Colorado area. Specifications: 1. Weather Conditions and Duration of Show: The fireworks display, shall be ready to start on July 4th at 9:30 p.m. and last for the duration of twenty minutes, provided the weather permits a display. It is mutually understood and agreed, that should inclement weather prevent the display on July 4th, a meeting with the City representative and the contractor will be held to discuss the postponement dates. It is agreed and understood by the City and the contractor that in the event the fireworks have been taken out and set up before the inclement weather prevails, then such exhibitions of fireworks must be carried out in the best possible manner without any deductions from the compensation due the contractor. 2. Contractor's Personnel: The contractor shall furnish trained personnel authorized to serve as their agents in presenting the fireworks displays, The Contractor shall furnish a crew of adequate size trained in the presentation of fireworks displays to perform all duties necessary for the set- up, presentation, and cleanup of the fireworks display. The Contractor shall appoint a crew foreman, who shall be duly authorized to serve as their agent and make any decision necessary during the set-up, presentation, and cleanup of the fireworks display. The crew shall arrive at least thirty-six (36) hours prior to the event. The Crew Chief of Parks shall be contacted at least forty-five (45) days prior to the event with the name of the pyro technician responsible for shooting the show. Further, it shall be the responsibility of the pyro technician to contact the Crew Chief of Parks at least thirty (30) days prior to the event to discuss any issues that need to be finalized. 3. Shooting Site: The show will be shot from a peninsula on the west side of Sheldon Lake in City Park. The peninsula is 42' x 69' in size. The closest building is the fire station at 317 S. Bryan, 200' away. This site allows for a 300' minimum distance to the spectators. BID 7492 Fourth of July Fireworks Page 5 of 15 4. City Provisions: If the contractor gives the City 10 days prior written notice, the City of Fort Collins will provide 12 yards of sand and will dig an appropriately sized trench for the placement of larger mortars. The City will not provide any other labor, material, or equipment for this project unless specifically noted herein. 5. Police Protection and Permits: The City will provide police barricades for the area. The contractor must obtain a Public Display of Fireworks Permit and adhere to the Uniform Fire Code 1991 or current issue and NFPA 1123. 6. City Representative: The City hereby appoints the Poudre Fire Authority designate as its representative. The city representative will coordinate with the contractor and the City. The City representative will be the final safety authority as to whether the show may be shot and may stop the show if, in his opinion, the safety of citizens and or the shooters is jeopardized. 7. Safety: The show must be a completely electronically shot show. The shooter must be at least 100' from the mortars while the show is shot. Only one shell per mortar tube will be allowed. No reloading of tubes will be allowed. Final mortar tube adjustment for wind direction will be made 30 minutes prior to the start of the show. No one other than the contractor will be allowed to handle the shells. Shooters should wear protective clothing, ie: Nomexjumpsuit, or other suitable protective wear. No nylon clothing will be allowed. 8. Set Up: The display needs to be completely set up, tested, and inspected at least three (3) hours prior to the scheduled commencement time of 9:30 p.m. The motor tubes must be set, backfilled, and ready for inspection twenty-four (24) hours prior to the scheduled commencement time. 9. Clean-up: The contractor will be responsible for cleanup and policing of the shooting site including the removal of all unexploded fireworks, removal of frames, mortars and other debris left as a result of the shooting of the fireworks display. The City of Fort Collins personnel will refill holes and distribute sand. 10. Insurance: The contractor shall name the City of Fort Collins as an additional insured, maintain the statutory Worker's Compensation Insurance, and in addition, Employer's Liability Insurance in an amount not less than $1,000,000 for each occurrence for all of its employees to be engaged in work on the project under this agreement. In case any such work is sublet, the contractor shall require the subcontractor similarly to provide Worker's compensation Insurance and Employer's Liability Insurance for all of the latter's employees to be engaged in such work. The Contractor shall maintain during the agreement such general liability and automobile BID 7492 Fourth of July Fireworks Page 6 of 15 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 performance of this agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance to be provided shall not be less than $1,000,000 combined single limits for bodily injury and property damage. 11. Reference: The contractor shall provide three references for similarly shot fireworks displays. The City reserves the right to reject the bid of contractors whose references reveal poor quality performance and presentation of fireworks displays furnished to clients in previous years. 12. Bid Award: A committee of City personnel will review the bids with award to be based on the best value display considering cost and attractiveness of the display in the sole opinion of the committee and the best interests of the City. 13. Contract Period: The City of Fort Collins is requesting bids for a July 4th fireworks display. 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. 14. Budget and Show Content: The budget for past years has been $19,000 per year for 20 minute show. The 2013 budget is approximately $19,000. This budget number is not guaranteed and may increase or decrease this year and renewed years. Contractor must provide a detailed description of the types of shells and display arrangement of the proposed show with the bid. Contractor shall provide a video tape of past performances being similar in size and cost. The fireworks display show must truly be the highlight of our 4th of July celebration. 15. Misfires: A penalty of $20.00 per shell shall be assessed for each misfire over a total of 10% of the total number of shells for the entire show. The Poudre Fire Authority designate will perform an inspection at the completion of the show, and prior to clean up, to assure adherence to this clause. This penalty shall be deducted from the final payment due the Contractor. BID 7492 Fourth of July Fireworks Page 7 of 15 SAMPLE (DO NOT SIGN) 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. BID 7492 Fourth of July Fireworks Page 8 of 15 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) 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 BID 7492 Fourth of July Fireworks Page 9 of 15 right and remedy for such termination. 8. Contract Sum. The City shall pay the Service provider for the performance of this 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. BID 7492 Fourth of July Fireworks Page 10 of 15 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, BID 7492 Fourth of July Fireworks Page 11 of 15 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: BID 7492 Fourth of July Fireworks Page 12 of 15 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 BID 7492 Fourth of July Fireworks Page 13 of 15 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. BID 7492 Fourth of July Fireworks Page 14 of 15 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 BID 7492 Fourth of July Fireworks Page 15 of 15 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.