Loading...
HomeMy WebLinkAbout523225 POWERS THERMAL INSULATION - CONTRACT - BID - 7534 AIR BARRIER WORK AT EXISTING SENIOR CENTERSERVICES 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 POWERS THERMAL CORP., 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 sixteen (16) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than August 11, 2013. 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. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. Services Agreement 7534 Air Barrier at Senior Center Page 1 of 29 ^� " CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDDIYYYY) 072N2013 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 I3Y 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER Marsh USA Inc 333 South 71h Street, Suite 1600 Minneapolis, MN 55402-240D AM: minneal>oliscenrequast@marsh.com f-212.948.0114 CONTACT NAME: PHONENo. Ertl: _ -.- - (Adc No): _ EMAIL ADDRESS: -- - - . INSURER(S) AFFORDING COVERAGE NAICN INSURER A: New Hampshire Insurance Company 123841 025874 Stand-GAWX-13-14 Powers INSURED United Subcontractors, Inc. INSURER 0, Lexington insurance Company 119437 - INSURER C dlla POWeR Triennial Insulation DINE Colo2R5 D o Springs, Colorado springs,co 80910- INSURER O: -"-'-- — INSURER E' INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-004719948-01 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A D SUBR POLICY NUMBER POLICYEFF MMIDDIYYYY POLICY EXP IMMIDDrYYYY LIMITS A GENERALLIABILITY ( GL 452 26 67 07/0112013 07/01M14 EACH OCCURRENCE S 2.000,000 % COMMERCIAL GENERAL LIABILITY AMA N PREMISES Ea occo, S 300,000 COCCUR j _1 5,000 CLAIMS MADE MED EXP (Any oneperson) $ PERSONAL B ADV INJURY $ 2,0D0,000 GENERAL AGGREGATE $ 4,000.000 GEN'L AGGREGATELIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 4,000,000 I POLY % PRO- LOC I E A LIABILITY CA 1271111 1111112013 0710I2014 COM SIN L LIMIT acddem 2�000 INJURY(Par person) S MyAUyOBODILY FMODI.LAE _ToNEDSAUR ULEO BODILYINJURY(Pera2icamir 3 HIREUTOS AHLO2WNED PROPERTY PERTY DAMAGE S 3 B % UMBRELIALMB X OCCUR 006761632 0710IM13 071012014 EACH OCCURRENCE S 5.000,000 AGGREGATE $ 5,000.000 EXCESS LAB CWMS.M<DE I DED I % I RETENTIONS 25'000 $ A WORKERS COMPENSATION WC 482 504 71 (ADS) 0710112013 07N12014 % I we STATU- OTH- A AND EMPLOYERS' LIABILITY YIN WC 48250472 INC. UT) 0710IM13 07N12014 1.000,000 AM'PRopRIEroRmMTNERIE%EcurNE NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ 1,000,000 A OFFICEPoMEMBEREXCLUDED? (klaodatgrylo NH) WC 48250473(NJ) 07PoI2Di3 071012014 A irrsdaxnW under ON OE SCRIPTION OF OPERATIONS below WC48250474 (AZ 07/0112013 07/012014 E.L. DISEASE - Pon. CY LIMIT $ 1,000,000 A Workes Compensation WC 46250475(CA) 07101I2D13 07N12014 SEEADOVE A Workers Compensation WC 48250476(FL) 07/0112013 1111111114 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Arbon ACORD let, Additional Remirks Schedule. If more apace is required) Re: Project: Ft. Collins Senior Center, TM4 Rairmse Wive, Ft. Collins. Colorado. Cedifcale Holder and Ft. ColSne Senia Center are Included as additional insureds (except Wakeri Compensation) where required by wd0en contract. Waiver of subrogation is applicable where required by written contract City of FL Coons 215 N. Moon SL FL Collins. CO W522 SH COLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee Armen rnRanweTlnu Au .Lehi. mcnaouH ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 0 POLICY NUMBER: CA 32751 86 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organizations) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 07/01/2013 Countersigned By: Named Insured: UNITED SUBCONTRACTORS, INC. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inr.., 1998 Page 1 of 1 POLICYNUMBER: GL4522667 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personls) Or Organization (s): Locationls) Of Covered Operations "ANY PERSON OR ORGANIZATION WHOM YOU "ALL JOBS/LOCATIONS" BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTER INTO-" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertis- ing injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which The injury or damage arises has been put to its intended use by any person or organiza- tion other than another contractor or sub- contractor engaged in performing operations for a principal as a part of the same project. CG 20 10 O7 D4 © ISO Properties, Inc., 2004 Page t of 1 0 POLICY NUMBER: GL4522667 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sl Or Or anizationls): Location And Description Of Completed Operations "ANY PERSON OR ORGANIZATION WHOM YOU "ALL JOBSILOCATIONS" BECOME OBLIGATED TO INCLUDE AS AN ADDITONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTER INTO" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and in- cluded in the "products -completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 .IOR2 FRS '51:Q ENDORSEMENT This endorsement, afrectice 12:01 A.M. 07/0112013 forms a Gar: of policy, No. CA 327 51 86 issued to UN t TE D SUBCONTRACTORS, I NC, by NEW HAMPS4IRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if- (1) The "accident" or "toss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and vie reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. :T �r7�tZJ�l/i AUTHORIZED r1EPRESENTIATiVE 62897 (6'95) POLICY NUMBER: GL 452 26 67 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY -COVERAGE PART PRODUCTS/COMPLETED'OPERATIONS LItiBILTfY COVI=RAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule; if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or '.your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the' Schedule above. ti 24b - - C Insurance Services Office; Inc:; 2008 -Page 1-of 1 ❑ WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the polcy unless a different date is indicated below. (The folloAq •atlacHd.g clause" need be competed only when this ondorserranl 's issued subsequent tD prepareUo of i'a policy). This endorsement, effecUve 12:01 AIM 07/01/2013 forms a part of Policy No WC 482 504 71 Issued to UNITED SUBCONTRACTORS INC By NEW HAMPSH IRE INSURANCE COMPANY Premium We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule, This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED: i. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR, 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT. This form Is not appllcable in California, Kentucky, New Hampshire, New Jersey, North Dakota. Ohio, Tennessee, Texas, Utah, or Washirgton. WC DO 03 13 Countersigned by (Ed. 04164) —' Authorized Representative 5 91 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: Service Provider: Powers Thermal Corp. Attn: Jeff White 2645 Durango Drive Colorado Springs, CO 80910 City: City of Fort Collins Attn: Brian Hergott PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Forty -Four Thousand Eight Hundred Fifty -Five Dollars ($44,855) as per the attached Exhibit "B", consisting of two (2) pages, and incorporated herein by this reference. 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. 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 Services Agreement 7534 Air Barrier at Senior Center Page 2 of 29 taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. Service Provider may, however, subcontract the [...] work or F other portions of the Work by providing notice to the City of its intent to do so. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. 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. 10. 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. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with Services Agreement 7534 Air Barrier at Senior Center Page 3 of 29 the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period 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. 12. 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. 13. 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 Services Agreement 7534 Air Barrier at Senior Center Page 4 of 29 attorney fees and costs incurred because of the default. 14. 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, F i heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 58b Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. 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. Services Agreement 7534 Air Barrier at Senior Center Page 5 of 29 17. 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. 18. 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 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. Services Agreement 7534 Air Barrier at Senior Center Page 6 of 29 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. 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. 19. Special Provisions. Special provisions or conditions relating to the services to be Services Agreement 7534 Air Barrier at Senior Center Page 7 of 29 performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Services Agreement 7534 Air Barrier at Senior Center Page 8 of 29 CITY OF FORT COLLINS, COLORADO a municip T tion By: Gerry Pael Director of Purchasing and Risk Management Date: Q�I2(3 POWERS THERMAL CORP. By:,�l�a 'S�w 7n l��zc tise CORPORATE PRESIDENT OR VI E PRESIDENT Date: %I3� I t3 T� ATTEST: (Corporate Sea]) CORPORATE SECRETARY Services Agreement 7534 Air Barrier at Senior Center Page 9 of 29