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HomeMy WebLinkAboutBID - 7652 DDRAKE WATER RECLAMATION FACILITY BIOFILTER MEDIA7652 DWRF Biofilter Media Page 1 of 18 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 INVITATION TO BID 7652 DRAKE WATER RECLAMATION FACILITY (DWRF) BIOFILTER MEDIA BID OPENING: 3:00 P.M. (our clock), JUNE 12, 2014 The City of Fort Collins is requesting bids from firms for biofilter media in accordance with the attached specifications. 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), JUNE 12, 2014. 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 regarding bid submittal or process should be directed to Pat Johnson, Senior Buyer at (970) 221-6816 or pjohnson@fcgov.com Questions regarding the material, specification, or site conditions should be directed to Link Mueller, Utilities Project Manager at (970) 222-0465 or lmueller@fcgov.com. A copy of the bid may be obtained by downloading it on the Purchasing Webpage, Current Bids page at: http://fcgov.com/eprocurement. A prebid conference and job walk with representatives of prospective bidders will be held at 10 a.m. on June 3, 2014 at the Drake Water Reclamation Facility, 3036 Environmental Drive, Fort Collins, CO 80525. Prospective bidders are requested to wait outside the South Gate where the OWNER’s representative will meet and escort the group onto the site. 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 Bids may be withdrawn up to the date and hour set for closing.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. 7652 DWRF Biofilter Media Page 2 of 18 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 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 must be properly licensed and secure necessary permits wherever applicable. 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. 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. Gerry S. Paul Director of Purchasing and Risk Management 7652 DWRF Biofilter Media Page 3 of 18 SECTION I - INSTRUCTIONS TO BIDDERS A. General Description Contractor is responsible for removal and transportation of exhausted media, recycling of exhausted media, blending of new media, and transporting of new media to site, per the specification, SECTION 13271 - BIOFILTER MEDIA. The work under these specifications and documents shall include furnishing equipment, labor, materials and transportation to complete the work. B. Contract Documents The Contract Documents governing the work described herein include the material herein and all addenda issued except as specifically noted elsewhere. The Contract Documents are intended to be sufficiently detailed to provide adequate definition of the work to be prosecuted and the quality of that work. The Bidders shall thoroughly familiarize themselves with the provisions and content of the Contract Documents. Failure to do so in any way alters the successful bidder’s obligation to enter into the Agreement, his obligation to prosecute the Agreement or his risks in performing the Agreement. The Bidder should request clarification of all potential conflicts by contacting the Senior Buyer at least seven (7) days prior to the bid date. The City will not be responsible for any other explanations, interpretations, or other supplementary data except those made by written addenda. Changes to bid documents will be made via written addendums and transmitted to bidders. C. Award of Contract The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. In evaluating Bids, the City will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by the City indicates to City that the award will be in the best interest of the City. The basis for award shall be the lowest Bid total for the Schedule. D. General information The City reserves the right to request supplemental documentation and interviews with any of the qualified bidders. E. Schedule Utilities has established the target schedule shown below for the Bid. Utilities reserves the right to amend the target schedule at any time. • Bid Issuance: May 23, 2014 • Pre-bid meeting: June 3, 2014 • Final questions due: June 6, 2014 • Bid Due: June 12, 2014 Utilities anticipates a contract being in place in mid June in the hopes that the awarded Contractor will be able to begin work shortly thereafter. 7652 DWRF Biofilter Media Page 4 of 18 F. Work hours The working hours shall generally be from 7:00 am to 4:30 pm, Monday through Friday unless other arrangements are made with the City. G. Insurance The Contractor shall be required to submit proof of insurance coverage prior to commencement of the work. Limits and details are as listed on Appendix A of the attached Sample Services Agreement. SECTION II - SPECIAL CONDITIONS A. Project Management The coordination of work will be under the direction of the City Project Manager, who will be responsible for coordinating work between various contactors and for resolving any conflicts between Contractors regarding scheduling or coordination. The time of completion is of the essence of this contract and the Contractor shall be responsible for performing the work in accordance with the City’s required schedule. The Project Manager will not be responsible for the assignment of personnel, or obtaining materials or supplies, or for any other services to the Contractor except the coordination of work between Contractors and as specifically set forth in these contract documents. B. Contractor’s Supervision at the Site The Contractor shall furnish adequate management, supervisory, and technical personnel to perform the work hereunder. The Contractor shall be responsible for complete supervision and control of any of his subcontractors as though they were his own forces. Notice to the Contractor shall be considered notice to any subcontractor. No work shall be subcontracted without the City’s written approval. C. RELATIONS WITH OTHER CONTRACTORS The Contractor shall cooperate with all other Contractors and City crews who may be performing work on behalf of the City in the vicinity of the work under this contract and shall conduct his operations to minimize interference with the work of such Contractors or workmen. The Contractor shall promptly make good, at his own expense, any injury or damage that may be sustained by other Contractors or employees of the City by his actions. Any difference or conflict which may arise between the Contractor and other Contractors, or between the Contractor and employees of the City shall be resolved as determined by the Project Manager. If the work of the Contractor is delayed because of any acts or omissions of any other Contractor, the Contractor shall have no claim against the City on that account other than an extension of time. D. Methods Of Field Operation The Contractor shall inform the Project Manager in advance as to the Contractor’s plans for completion the work hereunder. Review by the Project Manager of any plan or method of work shall not relieve the Contractor of any responsibility thereof, and such review shall not be considered as an assumption of any risk or liability by the City or any officer, agent or employee therefor. The Contractor shall have no claim because of the failure or inefficiency of any plan or method so reviewed. Any method of work suggested by the Project Manager, but not specified, shall be used at the risk and responsibility of the Contractor, and the City shall have no responsibility therefor. 7652 DWRF Biofilter Media Page 5 of 18 The Contractor shall have no claim because of the failure or inefficiency of any plan or method so reviewed. The Contractor shall comply with all applicable requirements of federal, state, and local codes and of all other authorities having jurisdiction over this work. The Contractor shall be solely and completely responsible for conditions related to his work including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. E. Protection of Property The Contractor shall be accountable for any damages resulting from his operations. The Contractor shall furnish and maintain all necessary safety equipment, such as barriers, signs, warning lights and guards to provide adequate protection of persons and property. Repair of facilities and equipment, should damage occur, shall be as directed and approved by the Project Manager. The Contractor shall be solely responsible for the damage repair costs. Utility personnel will provide the Contractor with access to the facility and Utility personnel will be present at all times for the duration of the work. F. Unfavorable Construction Conditions During periods of unfavorable weather, rain, wind, lightning, or other unsuitable construction conditions, the Contractor shall confine his operations to work that will not be adversely affected thereby. No outside work shall be performed under adverse conditions such as blowing dust, rain or snow. G. Rejected Work and Materials The Contractor, upon written notice from the Project Manager, shall remove from the premises all materials or work rejected as defective, unsound, improper, or in any way failing to meet the requirements of the contract documents. The Contractor shall at his sole expense make good all work damaged by such removal and shall promptly replace all unacceptable work and materials. If the Contractor does not remove his rejected work and materials immediately after written notice, the City may remove and replace such work and materials at the expense of the Contractor. H. Construction Area Under no circumstance shall the Contractor work or have equipment outside the designated work area. I. Protection of Concrete Surfaces Concrete pads, slabs, retaining curbs and all other concrete structures within the work area shall be protected from chipping, gouging, scratching, staining, and other damage. Damaged sections shall be repaired or replaced subject to the Project Manager’s discretion and acceptance. J. Safety Requirements Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: • All persons on the Work site or who may be affected by the work • All Work, materials and equipment to be incorporated therein • Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities 7652 DWRF Biofilter Media Page 6 of 18 Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. K. Accident Prevention The Contractor shall use prudent safety precautions for protection of the life and health of his/her employees and other persons, to prevent damage to property, materials, supplies, and equipment, and to avoid work interruptions in the performance of this contract. Contractor shall also take or cause to be taken such additional measures as the City’s representative may determine to be reasonably necessary. The Contractor shall submit a detailed report immediately to the Project Manager on all accidents resulting in death, serious injury or damage to property, materials, supplies, and equipment incidental to work performed under this Contract. All accidents and minor injuries shall be reported to the City’s representative within two (2) business days. L. Agreement The City’s Services Agreement is attached. Any exceptions to the Agreement must be noted in your response. 7652 DWRF Biofilter Media Page 7 of 18 BID PROPOSAL BID #7652 – DRAKE WATER RECLAMATION FACILITY BIOFILTER MEDIA WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR BIOFILTER MEDIA PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids for DWRF Biofilter Media using the following Bidding Specifications & Guidelines: Section 13271 – BIOFILTER MEDIA The City reserves the right to make awards on a Line Item basis or on a Total Bid basis; whichever is most beneficial to the City. All bids must include freight F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. 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. Lead time for delivery must be indicated for all items. Delivery is to be made in one complete shipment. Description Quantity Units Unit Price Total Haul off and recycling of Exhausted Media 1570 CY Bare Media 225 CY Blended Media 1345 CY Delivery of New Media 1570 CY TOTAL BID AMOUNT: $_____________ Submitted by: Printed: Company: Address: City, State, Zip: Phone: Email: Please go to www.fcgov.com/purchasing to register in our e-procurement system for future bid opportunities! Codes used for this bid are: 335-72 Soil Conditioners 790-54 Soil Mixtures (Special) 790-95 Recycled Seed, Soil, Sod and Innoculants 988-59 Mulch/Compost Production Services 7652 DWRF Biofilter Media Page 8 of 18 SECTION 13271 - BIOFILTER MEDIA PART 1 -- GENERAL 1.1 DESCRIPTION A. Scope: This section specifies the materials for the biofilter media and associated cover materials. Recycling of exhausted media and delivery of new materials is also covered. B. Type: The biofilter media shall be a blend of wood chips and yard waste compost as specified herein. 1.2 SUBMITTALS A. Furnish submittals two weeks prior to scheduled delivery. B. For the biofilter media, the Contractor shall submit to the owner’s representative, the following items: 1. Samples of wood chips and yard waste compost to be used for the biofilter media. Each sample shall be submitted in a full five (5) gallon bucket. 2. Sieve analysis of the wood chips to show compliance with the requirements of paragraph 2.1. 3. Analysis of the yard waste compost showing the following: a. Total solids content; b. Stability by both the CO2 respiration and Solvita test methods; c. Volatile solids content; d. pH; e. Conductivity; and f. Sieve size analysis. 4. Identification of the source(s) where the materials will be obtained PART 2 -- PRODUCTS 2.1 MATERIALS A. Wood Chips: 1. Wood chips shall consist of the large fraction of ground wood that has been screened through a ¾-inch screen to remove the fine material. The wood chips shall be clean and free of non-wood material, such as plastic, glass, rock and metal, and shall contain less than four-percent bark by weight. Wood material shall be from recycled construction materials which have been kiln dried or in some acceptable manner preserved. Raw wood and/or pressure treated products will not be acceptable. 2. The wood chips shall meet the following gradation requirements: Sieve Size Percent Passing 7652 DWRF Biofilter Media Page 9 of 18 4” 90% to 100% 3” 60% to 90% 2” 20% to 60% <1” 10% B. Yard Waste Compost: 1. The leaf or yard waste compost shall be produced through thermophilic forced aeration or turned windrow composting process. The compost feedstock shall consist of leaves, grass, ground brush and tree trimmings. The compost shall not contain manure, biosolids, or industrial sludges. All compost shall be cured to the point that it is no longer self-heating. The compost shall be free of subjective odor caused by contaminants or ongoing decomposition. 2. The compost shall meet the following specifications: Total Solids 35 to 55 percent Volatile Solids >25 percent pH 6.0 to 8.5 Soluble Salts <5.0 mS/cm Stability CO2 respiration test <5.0 mg CO2-C/g compost C/day Stability Solvita test Maturity index 6 or higher Man-Made Inert or Foreign Material <1 percent by weight Particle Size 100 percent passing ½-inch sieve C. Blended Media: 1. The biofilter media shall consist of a blend of 80% wood chips and 20% yard waste compost blended by volume (+/- 5%). The material shall be thoroughly wetted and completely blended before placement. 2. The Contractor is cautioned that after blending and wetting, the volume of the yard waste compost will be significantly reduced such that the volume of the blended media will essentially be the same as the original volume of wood chips. Hence, Contractor shall ensure that there are sufficient amounts of wood chips and yard waste compost to prepare the volume of blended media required to fill the biofilter as shown on the Drawings. D. Bare Media Bare media consists of 100% wood chips and 0% yard waste. This material is used for bottom cover and top cover and shall be delivered separately from the blended media. PART 3 -- EXECUTION 3.1 Recycling Expended Media The Contractor shall provide hauling services for the exhausted media in the biofilters. The exhausted media consists of decomposed biofilter media and shall be incorporated into the Contractor’s composting process at their facility. Disposal methods other than recycling are prohibited. 3.2 New Media Blending A. Contractor shall prepare the new media using the following procedure: 1. Place a bed of wood chips, (½ of the wood chips to be blended in the batch) 2. Add the compost to be blended in this batch to the wood chip bed. 7652 DWRF Biofilter Media Page 10 of 18 3. Add the remaining wood chips over the compost. 4. With the front-end loader lift the material to the full reach of the loader and allow the material to fall slowly by “feathering” the bucket. 5. While the material is falling, spray a high volume of water through it. A minimum 1½” hose is recommended. B. The blending shall be done until the mixture has the appearance of a mud coated wood chip with no clean wood visible. C. The blended media shall be delivered within 48 hours of mixing. 3.3 Media Delivery A. Contractor shall coordinate with Owner’s Representative on delivery dates and times. B. Contractor shall anticipate delivering ½ of the bare media quantity per biofilter followed by total amount of the blended media. The remainder of the bare media can then be delivered for topping off the biofilter. - END OF SECTION - 7652 DWRF Biofilter Media Page 11 of 18 SAMPLE SERVICES AGREEMENT NOT TO BE COMPLETED AT THIS TIME 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. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 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 " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as 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. 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) 7652 DWRF Biofilter Media Page 12 of 18 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: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 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. 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. 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. 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. 12. 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. 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 under this Agreement or cause of action arising out of performance of this Agreement. 7652 DWRF Biofilter Media Page 13 of 18 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. 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. 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. 18. 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 7652 DWRF Biofilter Media Page 14 of 18 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. 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 alien; and 2. Terminate the subcontract with the subcontractor if within three days ofreceiving 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. 7652 DWRF Biofilter Media Page 15 of 18 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. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ 7652 DWRF Biofilter Media Page 16 of 18 PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 7652 DWRF Biofilter Media Page 17 of 18 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. 7652 DWRF Biofilter Media Page 18 of 18 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) 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 or its 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 may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City 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). 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. 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. 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 in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City 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’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City 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.