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HomeMy WebLinkAboutBID - 8082 FLAGGER SERVICES (2)BID 8082 Flagger Services Page 1 of 14 INVITATION TO BID 8082 FLAGGER SERVICES BID OPENING: 3:00 P.M. (our clock), MARCH 23, 2015 The City of Fort Collins is requesting bids from qualified firms for flagger services. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, 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 mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note that additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), March 23, 2015. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit bids in response to all invitations. No individual or businesses will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Steve Varnell, Crew Chief, at (970) 224-6013 or svarnell@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. All questions must be submitted in writing via email to Steve Varnell , with a copy to John Stephen, no later than 5:00 PM our clock on March 10, 2015. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at www.rockymountainbidsystem.com. 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 Bids may be withdrawn up to the date and hour set for bid opening. Once bids have been accepted by the City and bid opening 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 minimum period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications and agreement template initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 8082 Flagger Services Page 2 of 14 Only bids received by the Purchasing Office prior to the bid opening date and time 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 of 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. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results will be posted online at www.rockymountainbidsystem.com. Gerry S. Paul Director of Purchasing and Risk Management BID 8082 Flagger Services Page 1 of 14 CITY OF FORT COLLINS BID PROPOSAL BID #8082 Flagger Services BID OPENING: March 23, 2015, 3:00 p.m. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR FLAGGER SERVICES PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The Scope of Services covers the requirements for providing Flagger Services for the City of Fort Collins on an annual basis. This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than 30 days prior to contract end. Bid Schedule PRICES QUOTED MUST INCLUDE ALL LABOR, OVERHEAD, MATERIAL PER THE SCOPE OF SERVICES. Flag Person $ _______ per hour Flag Person $________ overtime (continuous over 40 hours on City project) FIRM NAME Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE PRINT NAME ADDRESS PHONE CELL PHONE EMAIL BID 8082 Flagger Services Page 2 of 14 SCOPE OF SERVICES The Scope of Services covers the requirements for providing Flagger Services for the City of Fort Collins on an annual basis. All of these requirements and provisions shall be incorporated in the signed Services Agreement when the bid is awarded. The City reserves the right to having multiple vendors. A: Certificates and Flagger Duties All flaggers working within the City of Fort Collins right of way, under the terms of this contract, shall be under the direct supervision of a Traffic Control Supervisor (TCS). Flaggers shall possess a current ATSSA - American Traffic Safety Services Association certification or the Colorado Department of Highways Flagger Certification Program or other City approved certification programs. This certification shall be on file with the City. Valid certification card must be presented to the City Traffic Control Manager for each person (flagger) on the job. Flaggers must have a minimum of six (6) months experience. The hourly and daily rate charge for flagger personnel shall include a properly equipped flagger, (i.e. flagger vest, orange hard hat, slow-stop paddle and two-way radio when required.) The Contractor must certify their employees as required by this contract without expense to the City. All flag personnel must carry proof of certification and present it when requested by a City representative. Flagger duties shall include, but not be limited to: (1) Flaggers will work under the direct supervision of the City’s TCS. Additionally, at times flaggers will be responsible for placement and teardown of traffic control devices under the direction of the City’s TCS as necessary. (2) Protect project personnel and provide safe, courteous and authoritative direction to traffic seeking passage through the work area. (3) This duty shall be carried out with authority and dignity. (4) When performing as a flagger, always stand alone; never stand and engage in casual conversation among the workers, the traveling public or other individuals while flagging in the public right of way. (5) To avoid hindering the sight distance for motorist or causing other obstructions, flaggers shall park their personal vehicles well off the roadway and not close to the flagger station. (6) Never engage in arguments with occupants of a vehicle, pedestrians or bicyclists. It is important that you be courteous yet brief in your conversation with them. (7) If a driver, pedestrian or bicyclist refuses to obey instructions, you shall record a general description of the car and driver, the vehicle license number and the circumstances involved, then report this information to the TCS as soon as possible without deserting your post. Cell phone use is NOT ACCEPTABLE while flagging in the public right of way. (8) Perform flagger duties in adverse conditions and shall be prepared, equipped for all weather conditions. (9) Neat and official appearance is important to aid in identification and to command respect. (10) Flaggers shall be capable of effectively communicating with emergency response vehicles. BID 8082 Flagger Services Page 3 of 14 (11) Flaggers will be responsible for reporting to the job site or specified location as determined by the City’s TCS. Payment for services will begin on the job site. No travel time will be paid to the job site. (12) If flaggers are not able to comply with these requirements, or repeatedly violate any of the aforementioned, requirements including but not limited to: vulgarities, obscene gestures, or other profanities, the City reserves the right to not employ their services. B: Conformity All flag personnel equipment used in the City right of way under the terms of the contract shall meet or exceed the minimum standards set forth in the most current issue of the Manual on Uniform Traffic Control Devices (MUTCD), City of Fort Collins Work Area Traffic Control Handbook and or as per City of Fort Collins Service Agreement. Flagger safety apparel: For daytime and nighttime activity, flagger shall wear safety apparel meeting the requirements of the ISEA “American National Standard for High Visibility Apparel” and labeled as meeting the ANSI standard performance for Class 2 risk exposure. The apparel background outer material color shall be either fluorescent orange-red or fluorescent yellow-green as defined in the standard. The retro reflective material shall be orange, yellow, white, silver, yellow-green, or a fluorescent version of these colors and shall be visible at a minimum of one thousand feet (1,000 ft). Hard hats shall be orange in color. Faded safety vests and hard hats will not be permitted. For nighttime activity the safety apparel meeting the requirements of the ISEA “American National Standard for High Visibility Apparel and labeled as meeting the ANSI standard performance for Class 3 risk exposure shall be considered for flagger wear instead of the Class 2 safety apparel in the standard above. Flagger should wear proper attire for all weather conditions. These devices will not be measured and paid separately, but shall be included in the flagger cost. Stop / Slow Paddle: Hand signaling devices, such as the Stop / Slow paddles are used to control road users through the work zone. The Stop / Slow paddle shall have an octagonal shape on a rigid staff; the paddle shall be a minimum 18” x 18” wide and with a minimum of 6” letters. The Stop / Slow paddle shall be retro reflectorized and shall be placed on a staff with a minimum of 6’ clearance, (bottom of paddle to ground min. 6’). These devices will not be itemized and paid separately, but shall be included in the flagger cost. The contractor shall provide flaggers with electronic communication devices when required and requested by the City Representative. These devices will not be itemized and paid separately, but shall be included in the flagger cost. C: Service Call Requirements Flag personnel shall report to specified locations per date and times as requested by City Representatives. For day to day nonscheduled type activities, flag personnel shall report within 1 hour as requested by City of Fort Collins. City personnel shall give the contractor as much notice as possible, except in the event of an emergency. If flaggers fail to report, first a verbal warning to the contractor will be issued. If a second violation occurs, the City reserves the right to not use the flagging contractor until a resolution is reached between the contractor and the City. BID 8082 Flagger Services Page 4 of 14 City personnel shall endeavor to give reasonable advance notice, even for day to day requests. Contractor cannot refuse flagger service as requested by the City of Fort Collins. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized by the City Representative. The City Representative will provide flagger breaks and these authorized breaks will be paid for under this contract. Flagger overtime will be paid if the flagger has worked on the City project all of those continuous 40 hours. If in the opinion of the City Representative, any flagger is not suitable for use or operation of the work, the Contractor will be required to replace the flagger within one (1) hour, which will allow the City to perform their work to industry standards. Contractor Responsibility for Work The Contractor shall be responsible for all damages, loss or injuries that occur as a result of the fault or negligence of said Contractor his employee in connection with the performance of this work. The Contractor should contact the City Traffic Control Manager if their standards set forth from the MUTCD (Manual on Uniform Traffic Control Devices) and the City of Fort Collins Work Area Traffic Control Handbook is being compromised. The Contractor shall not be expected to compromise this responsibility. The City shall not be responsible for any losses or damage due to theft or vandalism. The Contractor shall make arrangements so that they are available on every working day, “on call” at all times and available upon request of the City Representative during non-working hours. A twenty-four (24) hour telephone number shall be provided to the City Representatives. The Contractor shall respond within 30 minutes or less. BID 8082 Flagger Services Page 5 of 14 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider 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 "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) 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 BID 8082 Flagger Services Page 6 of 14 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) 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, ($ ) as 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 BID 8082 Flagger Services Page 7 of 14 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. 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. BID 8082 Flagger Services Page 8 of 14 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 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 BID 8082 Flagger Services Page 9 of 14 to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate 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 " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. BID 8082 Flagger Services Page 10 of 14 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:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ BID 8082 Flagger Services Page 11 of 14 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. BID 8082 Flagger Services Page 12 of 14 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.