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HomeMy WebLinkAboutMULTIPLE - 102136 441376 108976 125758 108979 - CONTRACT - BID - 8095 WEED CUTTING & RUBBISH REMOVAL (2)Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 1 of 24 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 FULLER LANDSCAPING LLC, 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 four (4) pages 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. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until April 30, 2016, 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 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 thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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: Fuller Landscaping LLC Attn: Brian Fuller 4836 Kiva Drive Laporte, CO 80535 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 DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 2 of 24 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. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, on a time and reimbursable cost basis in accordance with the attached Exhibit "B", consisting of five (5) pages, and incorporated herein by this reference. 6. 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. 7. 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. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 3 of 24 the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 4 of 24 Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 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: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 5 of 24 alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth Exhibit "D" - Confidentiality, consisting of one (1) page; Exhibit “E” – Subcontractors, consisting of one(1) page; Exhibit “F” - Road Shoulder Mowing Locations, consisting of two (2) pages; Exhibit “G” – Suggested Billing Form, consisting of one (1) page; and Exhibit “H” – Sample Lien Waver Release, consisting of one(1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 6 of 24 FULLER LANDSCAPING LLC DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 5/20/2015 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 7 of 24 EXHIBIT A SCOPE OF WORK & SPECIFICATIONS DEFINITIONS City Representative shall mean the Compliance Supervisor or Streets Department Superintendent, or their designated representative. Service Provider shall mean a successful bidder who has entered into a Services Agreement with the City of Fort Collins. EQUIPMENT REQUIRED The Service Provider shall submit a list of equipment that will be utilized to accomplish the work, defined as the industry standard for the P.T.O. horse power needed for the make and model of mower, the size of the bucket or for any other attachment used, and shall be prepared to have equipment inspected and approved by the City's Representative. Category II and III require a digital camera and all weed mowings and rubbish removal must have a digital photo taken prior to the weed mowing and rubbish removal. The City Representative shall make the final determination if the equipment made available by the Service Provider is sufficient to perform the work satisfactorily in a timely means. Inspections of equipment may be performed by the City Representative at any point during the contract. There are four (4) categories to be bid on, and a Service Provider may bid on any or all of the four categories: Category 1: Extra Heavy Rubbish Removal which requires a loader and a tandem dump truck with a 10 yard minimum box. Category 2: Heavy Rubbish Removal requires a fork or bucket loader, a tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed for the loader to perform the work. A 5 yard minimum capacity dump truck and a Digital Camera. Category 3: Weed and Normal Rubbish Removal requires a Five-foot rotary mower; a tractor with sufficient capacity, defined as the industry standard for the P.T.O. horse power needed for the make and model of the mower; hand tools; high back pickup truck; hand operated power weed cutter/whip; three-foot walk behind mower; a Digital Camera. Category 4: Road Shoulder Mowing requires a five-foot mower capable of mowing road shoulders; tractor with sufficient capacity, minimum 75 hp, defined as the industry standard for the P.T.O. horse power needed for the make and model of the mower. Seven-foot mower with a seven-foot wing is desirable; hand operated power weed cutter/whip. WORK DIVISION The City intends to award this bid, based on bid price and demonstrated capacity, to multiple Service Providers who may be responsible for one or more of the four categories placed for bid. It is the intent of the Streets Department to assign work equally among Service Providers when possible, however, there are no stated nor implied guarantees regarding the allocation of assigned work. All Service Providers must have the equipment specified for the scope of the work in each category in the bid. All work shall be performed under the direction of the City Representative, and in strict accordance with the bid specifications and the signed Services Agreement. DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 8 of 24 The City Representative is authorized to assign jobs based on the equipment needed for any particular job, regardless of original assignments. REGULATIONS All work must be done in compliance with all local/state/federal regulations. This includes having your vehicles current including Colorado Intrastate USDOT Carrier Identification Numbers and equipment above 500 lbs. must have current Special Mobile Equipment (SME) registration. All employees must be properly licensed and qualified to operate the equipment they work on. All employees must be hired and managed in accordance with all local/state/federal requirements. All equipment must be properly licensed and maintained. A violation of any applicable regulation will be grounds for termination. NOTIFICATION The City shall notify Service Provider verbally or in writing of services to be performed. Such notification shall include the location of such services and any other special circumstances relating to the services. The City Representative must be able to reach the Service Provider easily, and within a reasonable (within 2 hours) time frame. It is strongly suggested that Service Providers call the City Representative daily, or have a mobile phone where messages can be left from May through August. If the City Representative is unable to reach a Service Provider when needed, the City Representative may use any Service Provider to perform any type of weed and rubbish removal, regardless of original assignment. Nothing within this Contract shall obligate the City to have any particular service performed by the Service Provider. PERFORMANCE The Service Provider shall perform all work in a safe manner, and must ensure that proper safety gear is worn at all times. Any damage caused by the Service Provider in the performance of this contract shall be the sole responsibility of the Service Provider. The Service Provider shall perform each job required in the most efficient manner and at the lowest cost to the City. The Service Provider shall be assigned each job by the City Representative, or his designate. A list noting the address of the job, and the date the job was given to the Service Provider shall be considered notice to proceed on each given job. At the time jobs are assigned, the City Representative shall give oral and/or written instructions as to how each job is to be performed. The Service Provider shall complete each job as assigned within five working days of receiving the assignment. If the job is not completed within five days, the City Representative shall have the option of giving the assigned job to another Service Provider of the City’s choice, or allowing the original Service Provider complete the job. Should extenuating circumstances arise, such as severe weather, which prevents the Service Provider from completing the job on schedule, the Service Provider must immediately notify the City Representative, who shall decide if an extension can be granted. DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 9 of 24 If the Service Provider does not perform the job as instructed, they shall be called back to correct the job. The City shall not be charged for any corrections, and all corrections shall be made promptly and professionally. Failure to make corrections as specified will be cause to terminate the contract. Should the Service Provider arrive at a job site, to find the work partially done or in process, the Service Provider shall not begin work, and shall immediately notify the City Representative. Should a property owner or a resident request that the Service Provider stop work, the Service Provider shall immediately stop work, give the property owner/resident the City Representative's card or phone number, and immediately notify the City Representative. If possible the Service Provider should also obtain the name and number of the property owner/resident. CHANGES IN THE WORK The City may, at any time during the term of a particular work assignment and without invalidating the Contract, make changes within the general scope of the particular work assignment and the Service Provider agrees to perform such changed work. MATERIALS, EQUIPMENT AND LABOR The Service Provider undertakes and agrees to furnish and pay for all materials, supplies, labor, transportation, equipment, tools, consumables, services and supervision necessary to perform any services hereunder. MOVE-ON FEE The Service Provider shall be allowed to charge a “move-on” fee of $20.00 on each job. Move- on fees shall be determined jointly in writing or verbally between the Service Provider and the City Representative when jobs are assigned. HAZARD FEE The Service Provider shall be allowed to charge a “hazardous fee” of $50.00 on jobs where the rubbish contains potentially hazardous items. These items may include bedbugs, drug related materials/waste, excrement, insect infestation, etc. It will be the responsibility of the Service Provider to fully document the possible hazard with photos and narrative. SUB CONTRACTORS AND MATERIALS Any sub-contractor to be used must be prior approved by the City. A list of all permitted sub- contractors (if applicable) and material suppliers (if any) must be submitted with the bid. The Service Provider shall not utilize the services of any sub-contractor not listed on the sub- contractor list as submitted in performing work pursuant to the Contract without the prior written consent of the City nor shall the Service Provider obtain supplies or equipment used in the performance of this contract unless such supplier is listed on the material list. RECORDS The Service Provider shall, at all times, maintain accurate work records, noting the address of the job, the City-assigned job number, digital photos (as required), the condition of the property, the hours worked, the employees used, the equipment used and any problems or unusual incidents. These work records may be requested and inspected at any time by the City Representative. DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 10 of 24 BILLING Invoices shall be submitted on City-approved forms only, and each invoice shall be submitted with a lean-waiver release, if sub-contractors are used. Billings shall be submitted within seven calendar days of job completion. Work shall be charged at the hourly rate associated with the most efficient type of work and the equipment used, as bid. All landfill fees will be reimbursed. However, landfill tickets must also be submitted with the invoice. Time spent driving from the job site to the landfill, and back to the job site shall be charged by the quarter hour, at the hourly rate submitted for light weed and rubbish removal. Move-on fees may also be included on the invoice, if appropriate. The first flat tire incurred in the course of work (if the flat was caused by a hazard on a job site, and not in the public right-of-way) shall be reimbursed by the City, provided a receipt is submitted. Subsequent flat tires caused by hazards on the same job site shall be paid for by the Service Provider. All billing must accurately reflect the actual time worked. Non-accurate billings may be cause for termination of the contract. LAWS AND REGULATIONS The Service Provider agrees to comply fully with all applicable state and federal laws and regulations and municipal ordinances. The Service Provider further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under and all state laws and regulations enacted and adopted pursuant thereto. The Service Provider also agrees to require that all persons operating motorized equipment possess a valid drivers' license and that it will comply with Title 8, Article 12, C.R.S., the Colorado Youth Employment Opportunity Act of 1971. The Service Provider agrees to pay all state and federal social security, unemployment insurance and other taxes, assessments or contributions due and payable to the State of Colorado and/or the United States in connection with the work to be performed under this Contract, and the Service Provider shall hold the City harmless from any liability on account of any such taxes or assessments. DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 11 of 24 EXHIBIT B BID SCHEDULE DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 12 of 24 DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 13 of 24 DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 14 of 24 DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 15 of 24 DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 16 of 24 EXHIBIT C 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. DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 17 of 24 DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 18 of 24 DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 19 of 24 EXHIBIT D 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. DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 20 of 24 EXHIBIT E SUBCONTRACTORS DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 21 of 24 EXHIBIT F ROAD SHOULDER MOWING LOCATIONS 2015 Road Shoulder Mowing 2015 – East Side Revised: March 19, 2015 ID Location Description 1 Dartmouth & Stover At the irrigation ditch 2 East Harmony – College Ave. To the Walmart entrance, East of I25 3 I-25/Harmony Interchange 4 Trilby W of Ziegler Median only 5 Ziegler – Drake to Harmony East side behind curb 6 Reserved 7 Timberline – Stetson Creek to 392 Both sides 8 300 Block E Troutman North side along ditch behind curb 9 JFK Parkway- West side S of Troutman along ditch behind curb 10 Trilby – College to Timberline 10.1 Lemay- Snow Plain to Carpenter West side 10.2 Lemay-opposite of Paragon West side 11 Horsetooth – Stover to Stanford North side 12 Stanford N of Horsetooth to Monroe East side 12.1 Pedestrian path-Lemay to Shepardson School 13 Park Lake Dr. – East side From Centennial behind curb 14 Prospect at Timberline At ditch crossing 15 Prospect – Sharp Point to CR 5 16 Frontage Rd- S of Prospect to Port of Entry 17 Timberline- Prospect to Mulberry Both sides behind curb 17.1 International Blvd-Timberline to circle Center and sides 18 Riverside from Coloradoan to Lemay North side behind curb 19 Lemay- Riverside to Mulberry Behind curb 19.1 Mulberry- Lemay to Riverside Behind curb 20 Hoffman Mill Rd Poudre River Dr. to Nat Areas gate 21 1300 Hoffman Mill Rd Inside the fence 22 Riverside- Lemay to Lincoln North side behind curb 23 Lincoln - Willow to Lemay 24 Lemay- Lincoln to Mulberry 25 Buckingham- 10th to Linden 26 First St. – Lincoln to Buckingham West side 27 Third St. – Lincoln to Buckingham East side 28 Trujillo- 9th to 10th North side 29 Linden- Vine to Poudre River Include behind fence along ditch 30 Vine Dr. - Lemay to Timberline 30.1 Merganser north of Vine West side; curb to 6’ W of sidewalk 31 Timberline - Vine to Mtn. Vista Both sides 32 Mtn. Vista - Turnberry to I-25 South side 32.1 Bush Dr. – Mt. Vista to CR 52 Both sides 33 Giddings Rd- Mt Vista to 52 Both sides 34 County Rd 52- I-25 to Giddings Rd Both sides 35 Turnberry – Mtn. Vista to Country Club; Brightwater to Douglas Rd Both sides 36 Lemay - Vine to bridge near Linden Lake Rd. Both sides 37 Vine- Lemay to College Do not mow behind the curb DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 22 of 24 2015 Road Shoulder Mowing 2015 – West Side Revised: March 19, 2015 ID Location Description 1 I-25/392 Interchange – East side Invoice to Windsor 2 I-25/392 Interchange – West side Invoice to Fort Collins 3 College at Monroe At ditch crossings 3.1 Prospect & Cedarwood – SE Corner 50’x5’, both sides of storm inlet 3.2 Prospect- west of Larch, south side Along ditch crossing 3.3 Stuart- west of Heatheridge North side along irrigation ditch 3.4 Prospect- west of 1308 W Prospect Along ditch bank, north side 4 Drake at CSU Vet Hospital At ditch crossing, north side 5 Drake W of Research At ditch crossing 6 Drake at Constitution At ditch crossing 7 Drake at Wyandotte At ditch crossing 8 Drake- Overland to RV storage field as needed South side, behind curb, etc 9 Blevins Trail Hampshire (S. of Stuart) to Ross 10 Horsetooth at Seneca At ditch crossing 11 Horsetooth at McClelland At RR 12 Trilby – Taft Hill to College 13 Skyway – E of Hwy 287 / College Ave. To Parliament Ct. 14 Hickory-College to Railroad South Side 15 Hemlock- Mason to park Both Sides 16 Vine- Shields to Taft Both Sides 17 Laporte- Grandview to City limit Behind curb 18 Taft - Laporte to Vine Both Sides 19 Overland - Sumac to Blue Leaf Both Sides 20 Mulberry- Overland to the Rogers Park Both Sides 20.1 Orchard- west of Louise; ROW Berm and south side of street 21 Taft Hill -Harmony to Trilby Both Sides, see map 22 Horsetooth- Goodell to Seneca 23 Shields-Troutman to Wakerobin Behind curb, Both Sides 24 Shields- Wooded Creek to Trilby See map 25 Harmony- Shields to Regency North side 26 Fromme Prairie Way- to the fence line North side 27 McClelland- Drake to Horsetooth Along ditch/BRT behind curb, West side 28 Mason Trail – Prospect to curve S of South Transit Center (STC) See map 29 MAX BRT – Prospect to STC See map 30 Shields- Spring Creek to Hobbit East side 31 625 9th Street Streets Facility, see map Mowing is generally done on unimproved roadsides. Unless otherwise noted, mowing will not occur behind curb areas. Maps of each location are attached for your information. Stay on the lookout for any weeds on concrete medians and along curb lines. Please invoice by area. DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 23 of 24 EXHIBIT G SUGGESTED BILLING FORM (If this form is not used, the Service Provider's form must be approved prior to use by the City Representative.) CITY OF FORT COLLINS WEED AND RUBBISH ABATEMENT BILLING INSTRUCTIONS AND INVOICE FORM Vendor Name: Phone Number: Address (Street & #): City, State, Zip Code: INVOICE NO: INVOICE DATE: BILLED TO: (City of Fort Collins) JOB NO: LOCATION: WORK DONE (Date/s/ and time/s/): HOURS WEED CUTTING (Tractor - Hand): HOURS RUBBISH-WEED CLEAN-UP & LOADING (Loader - Hand): YARD OF RUBBISH - WEEDS: HOURS HAULING (To Landfill): LANDFILL FEE(s): WORK ACCOMPLISHED: CHARGE: $ DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53 Services Agreement BID 8095 Weed Cutting & Rubbish Removal Page 24 of 24 EXHIBIT H SAMPLE LIEN RELEASE The undersigned, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be contractually bound, hereby waives and releases to and for the benefit of the owners of any properties on which work was performed pursuant to the Contract for Weed and Rubbish Abatement for Spring-Summer, 2015, by and between the undersigned and the City of Fort Collins, Colorado, all rights of the undersigned to claim a mechanic's lien pursuant to Colorado Revised Statutes, or any similar lien for work completed before ____ in conjunction with the property at the following address: and the undersigned hereby acknowledges the reliance of the owner or owners of such property and the City of Fort Collins, Colorado, upon the waiver and release herein contained. Last Payment Received: $ Name of Service Provider: Authorized Signature: Capacity (i.e., officer sole owner, partner): DocuSign Envelope ID: 5E8BA257-1E4E-4814-8667-F94F21247A53