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HomeMy WebLinkAboutBRINKMAN CONSTRUCTION - CONTRACT - RFP - 7637 GENERAL CONTRACTOR FOR FIRE STATION EXPANSIONServices Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 1 of 17 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", as agent, on behalf of the Poudre Fire Authority (PFA), and BRINKMAN CONSTRUCTION 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. a. This Agreement shall constitute the basic agreement between the parties for services for 7637 General Contractor for Fire Station Expansion & Renovation Projects. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and PFA and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit “B”, consisting of two (2) pages, and is incorporated herein by this reference. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 2 of 17 third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City and PFA may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City and PFA reserve the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City and PFA to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence July 15, 2014, and shall continue in full force and effect until July 14, 2015, unless sooner terminated as herein provided. In addition, at the option of the City and/or PFA, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. 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 DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 3 of 17 such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City and PFA of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City and/or PFA 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: Poudre Fire Authority: City: Brinkman Construction, Inc. Attn: Jim Ciesla 3003 E Harmony Road, Ste 300 Fort Collins, CO 80528 Poudre Fire Authority Attn: Gary Nuckols 102 Remington Street Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City and/or PFA, 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. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City and PFA make no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City and PFA agree 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 performance of the work the sums set forth for the hourly labor rate and DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 4 of 17 material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. Payment shall be made by the City and PFA only upon acceptance of the work by the City and PFA 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 work. City Representative. The City and/or PFA 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 and/or PFA Representative. 9. City Representative. The City and PFA's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. 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 or the Poudre Fire Authority. The City and/or PFA 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. 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 and/or PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City and/or PFA), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 5 of 17 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 and/or PFA, nor will it obligate the City and/or PFA 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 and/or PFA to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City and PFA enter 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 and/or PFA. 13. 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 and/or PFA under this Agreement or cause of action arising out of performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City and/or PFA. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 6 of 17 c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City and/or PFA -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 and/or PFA 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 and/or PFA. 15. 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. 16. 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. 17. 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. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 7 of 17 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City and/or PFA, their 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 and PFA 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, 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. 19. 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. 20. 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. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 8 of 17 21. 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. 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 DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 9 of 17 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 10 of 17 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney BRINKMAN CONSTRUCTION, INC. By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE (Corporate President or Vice President) Date:_____________________________ DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB 7/11/2014 President James M. Ciesla 7/15/2014 7/16/2014 Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 11 of 17 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS / POUDRE FIRE AUTHORITY AND BRINKMAN CONSTRUCTION INC. DATED: Work Order Number: Purchase Order Number: Project Title: 7637 General Contractor for Fire Station Expansion & Renovation Projects Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Service Provider By:_______________________________ Date:_____________________________ Poudre Fire Authority By:_________________________________ Title: Date: ______________________________ City of Fort Collins By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________ DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 12 of 17 EXHIBIT B GENERAL SCOPE OF SERVICES A formal Partnering Session will be held with the Service provider, Poudre Fire Authority (PFA) team members and PFA’s contract architects as soon as the selection process is completed. PFA desires to have the service provider provide many services. These services are to include. A. Pre-Construction Services  Review of designs for constructability.  Review of site layout and how it will work with elevations and contours.  Estimating cost of different options, alternatives and components.  Providing opinions and recommendations on suitable methods and approaches to accomplish the work.  Offer value engineering suggestions to accomplish the desired objectives in the most cost effective manner possible.  Provide the team with up to date on-going cost status of the current project design.  Provide information on material availability and other resources for LEED and/or Green Globe System. B. Construction Services  Full time site supervision when trades are working  Stormwater management of the project site  Site protection and security during construction  Procurement of all subcontractors and suppliers to complete construction. The service provider is required to provide a minimum of 3 sub-contractor bids for each discipline. PFA to be involved with final selection of sub-contractor to perform work.  Project sequencing and scheduling of manpower, materials and equipment to complete project by the deadline established.  If required, compile and maintain the backup for LEED/Green Globe System construction credits and complete the necessary credit templates.  Maintain as-built record drawings  Project safety enforcement  Manage quality control and coordinate all necessary testing.  Manage Project Close-out  Manager Project Warranty 1. The service provider is required to commit key staff members to assist the project team by attending regularly scheduled project meetings and preparing information or responses to issues in advance of meetings. Normally, attendance will be required by the service provider DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 13 of 17 project manager and superintendent. In the event key technical functions are subcontracted, the subcontractor shall assist the service provider in fulfilling its responsibilities under the agreement during the design phase(s), including participation in design discussions. 2. The PFA staff works very closely with the Architect/Engineer (Belford-Watkins Architects) and the service provider on a day to day basis as part of a team during design and construction of projects. Traditional adversarial roles are not an acceptable way of doing business. 3. PFA utilizes the services of the service provider on an as needed basis. The type and complexity of the work varies, dependent upon the specific needs of PFA at any given time. Several projects including a new fire station and fire station remodel or major repairs are all possible during the terms of any agreement, but not guaranteed. 4. The list of projects is not exhaustive of the projects completed under the current agreement and is no guarantee of similar projects in the future. Most of these projects were completed using a team approach with PFA’s design firm, however some projects were strictly design build by the service provider and others a combination of design build and design team approaches. 5. The actual amount of work to be performed, the time of such performance and the location of work, will be determined by the Project Manager who will issue formally executed work orders. The only work authorized under this agreement is that which is performed after receipt of such work orders. PFA makes no guarantee as to the number of work orders or actual amount of services which will in fact be requested. A detailed Scope of Work with cost for each project and exact services desired will be developed during the work order process. 6. Construction documents will be prepared using the CSI format and the City of Fort Collins modified EJCDC General Conditions and City standard contract documents. These documents will be provided by the City of Fort Collins. The service provider must be knowledgeable of the design and construction standards established by the City of Fort Collins. 7. Service provider contingency is to be used for unforeseen conditions and subcontractor bid variances if GMP is established prior to subcontractor and vendor buyout. PFA and service provider shall both agree on items the contingency is used for and service provider shall maintain a contingency log showing where the dollars have been used. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 14 of 17 EXHIBIT C COMPENSATION DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 15 of 17 Construction Cost Factors These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the construction cost. Service Provider Commitments are in grey and include: a. Overhead and profit (combined) margin for general office activities on the base bid cost 5.5% on projects up to $1 million; 4.5% on projects $1 million and higher b. Overhead and profit (combined) margin for field office activities on the base bid cost 5.5% on projects up to $1 million; 4.5% on projects $1 million and higher c. Subcontractor markup on base bid cost to General Contractor 5.5% on projects up to $1 million; 4.5% on projects $1 million and higher d. Materials and equipment markup on base bid cost 5.5% on projects up to $1 million; 4.5% on projects $1 million and higher e. Change order markup, including supervision allowance, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award 1. This percentage is project dependent based on the scope of work associated with the change. If the schedule is not impacted or extended due to the change, the following change order mark-ups would apply: 7.5% on projects up to $1 million; 6.5% on projects $1 million and higher 2. If the schedule is impacted or extended due to the change, the appropriate manpower would be added to the change order with the above-noted percentages. f. General Contractor cost returns if project is completed early This cost is project dependent and based on the general conditions and dedicated labor on the project. This would need to be evaluated with the early completion duration. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 16 of 17 EXHIBIT D INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City and/or PFA, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City and PFA 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 and/or PFA, 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 and/or PFA, their 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. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB New insurance Services Agreement - Work Order Type 7637 General Contractor for Fires Station Expansion & Renovation Projects Page 17 of 17 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”), as agent, on behalf of the Poudre Fire Authority (the “PFA”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City and/or PFA or their employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City and/or PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City and/or PFA). The Service Provider shall not disclose any such information to any person not having a legitimate need-to- know for purposes authorized by the City and/or PFA. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City and/or PFA. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City and/or PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City and/or PFA, or the City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City and/or PFA any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City and/or PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City and/or PFA shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- $ POLICY JECT LOC COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE This page has been left blank intentionally. DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO- $ POLICY JECT LOC COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORDTM CERTIFICATE OF LIABILITY INSURANCE 7/14/2014 Flood & Peterson Ins., Inc. P. O. Box 578 Greeley, CO 80632 970 356-0123 Sandy Schifferns 970 266-7107 970 506-6845 sschifferns@floodpeterson.com Brinkman Construction, Inc. 3003 E. Harmony, Suite 300 Fort Collins, CO 80528 The Cincinnati Insurance Compan Starr Technical Rick Insurance Pinnacol Assurance A X X X PD Ded:2,500 CPP0191182 02/17/2014 02/17/2015 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 A X X X CPP0191182 02/17/2014 02/17/2015 1,000,000 B X X X 0 1000020715 02/17/2014 02/17/2015 5,000,000 5,000,000 C 4093547 06/01/2014 06/01/2015 1,000,000 1,000,000 1,000,000 City of Fort Collins and Poudre Fire Authority, their officers, agents and employees are included as Additional Insured on general liability and auto liability as required by written contract with respects to liability arising out of work performed by the named insured. City of Fort Collins and Poudre Fire Authority P.O. Box 580 Fort Collins, CO 80522 1 of 1 #S913400/M894670 Client#: 49588 BRICO3 MZS 1 of 1 #S913400/M894670 DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORDTM CERTIFICATE OF LIABILITY INSURANCE 6/13/2014 Flood & Peterson Ins., Inc. P. O. Box 578 Greeley, CO 80632 970 356-0123 Sandy Schifferns 970 266-7107 970 506-6845 sschifferns@floodpeterson.com Brinkman Construction, Inc. 3003 E. Harmony, Suite 300 Fort Collins, CO 80528 The Cincinnati Insurance Compan Starr Technical Rick Insurance Pinnacol Assurance Transportation Insurance Compan A X X X PD Ded:2,500 CPP0191182 02/17/2014 02/17/2015 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 A X X X CPP0191182 02/17/2014 02/17/2015 1,000,000 B X X X 0 1000020715 02/17/2014 02/17/2015 5,000,000 5,000,000 C 4093547 06/01/2014 06/01/2015 1,000,000 1,000,000 1,000,000 D Builder's Risk C4015472063 02/17/2014 02/17/2015 $15,000,000 Limit $1,000 Deductible For Bid Purposes Only Fort Collins, CO 80521 1 of 1 #S898494/M894705 Client#: 49588 BRICO3 MZS 1 of 1 #S898494/M894705 DocuSign Envelope ID: 3934D3DA-5E4B-4DBE-8381-A264DBB4A9DB