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HomeMy WebLinkAboutBID - 8212 PRESSURE WASHING FOR DOWNTOWN AREA (2)BID 8212 Pressure Washing for Downtown Area Page 1 of 17 INVITATION TO BID 8212 PRESSURE WASHING FOR DOWNTOWN AREA BID OPENING: 3:00 P.M. (our clock), FEBRUARY 11, 2016 The City of Fort Collins is requesting bids from firms for pressure washing of various areas including downtown sidewalks, Old Town Square, Oak Street Plaza, renovated alleys and downtown corners. 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), February 11, 2016. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business 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. A prebid conference and job walk with representatives of prospective Bidders will be held at 11am, on January 27, 2016, in 1A at 215 N Mason Street, Fort Collins. Questions concerning the scope of the bid should be directed to Project Manager, Mike Brunkhardt at (970) 416-2349 or mbrunkhardt@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Mike Brunkhart , with a copy to Doug Clapp, no later than 5:00 PM our clock on January 29, 2016. 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 Bids may be withdrawn up to the date and hour set for closing.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. 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 8212 Pressure Washing for Downtown Area Page 2 of 17 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. 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 are posted online at www.rockymountainbidsystem.com by the end of day on the opening date. Gerry Paul Purchasing Director BID 8212 Pressure Washing for Downtown Area Page 3 of 17 CITY OF FORT COLLINS INVITATION TO BID 8212 Pressure Washing for Downtown areas The City of Fort Collins Parks Division is requesting bids for pressure washing of various areas including downtown sidewalks, Old Town Square, Oak Street Plaza, renovated alleys and downtown corners. This bid may be used by other departments as needed. Contractor must start work within 5 days after completion of Service Agreement. Awarded contractor must enter into the attached service agreement (for your review) and provide the required insurance (Exhibit B). This agreement is effective for one year from the date on the service agreement. 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. Pricing changes shall be negotiated by the parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. BID SCHEDULE Contractor to furnish all labor, materials, equipment, supervision and incidentals necessary to complete the work per attached specifications. City reserves the right to award individually or by grand total. Downtown sidewalks $____________________________per year Old Town Square $____________________________per year Oak Street Plaza $____________________________per year Renovated alleys $____________________________per year Downtown corners $____________________________per year Grand Total $____________________________per year Cost per square foot $__________________________________ For incidental work. Includes all labor, materials, equipment and mobilization in City limits. Submitted By: Printed: Company: Address: City, State, Zip: Phone: Email: BID 8212 Pressure Washing for Downtown Area Page 4 of 17 REQUIREMENTS AND SPECIFICATIONS Requirements 1. Contractors responding to this bid must be qualified to do the work and have minimum of 3 years experience pressure washing similar work. Contractor must provide a list of three or more referrals with the bid. 2. The equipment used must be capable of producing the desired cleaning results and a complete equipment list must be provided with the bid. 3. The contractor will provide the City with a list of cleaning agents and the Safety Data Sheet for each product. No solvents will be used, only soap or a ph acceptable caustic needs to be defined. 4. The City must receive a copy of the agreement and/or contract made with the waste disposal facility used to dispose of waste water from pressure washings referred to in this contract’s scope of work. 5. The areas must remain open for use as much as possible without presenting a hazard to the public. The Parks Division project coordinator Mike Brunkhardt or acting Crew Chief will coordinate with the contractor. Pressure washing of each area must be completed by 8:00 AM. 6. All wash water must be collected and treated as wastewater and disposed of as per Stormwater guidelines. It will be the responsibility of the contractor to insure this process is adhered to. In the City of Fort Collins, pressure washing wastewater must be kept out of the City’s storm water system. The system includes streets, gutters, ponds, creeks, ditches, and the Poudre River. Pressure washing wastewater must be collected and then disposed of appropriately. ♦ Appropriate disposal of the wastewater: As long as the collected wastewater does not have an oil sheen and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City’s wastewater treatment system. If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your pressure washing wastewater, please contact the industrial pretreatment office at (970)221-6938. Disposal into the City’s wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. A waste hauler’s permit is required and a fee will be charged for disposal by pump truck at the Drake facility. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. ♦ A sewer manhole cover may not be removed for disposal to the wastewater system. ♦ Why the change in the treatment of this wastewater? New policy and guidance from the State of Colorado have changed disposal options for powerwashing wastewater. A copy of the State’s guidance can be found at: BID 8212 Pressure Washing for Downtown Area Page 5 of 17 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/guidanceandpolicy.ht ml ♦ For Storm Water treatment questions during the bid, please contact Doug Clapp at 970 -221-6776. Any questions after award, please contact Lois Rellergert at 416-2059. Specification The objective of this cleaning effort must be to remove all dirt, debris, black marks, grease, oil, food stains, gum, etc. from the sidewalk surfaces. The work must result in a clean and attractive sidewalk. Detailing is defined, as the usage of environmentally safe chemicals when and where needed and must be approved by the City representative. Cleaning is defined as the usage of high-pressure water, hot or cold. All efforts must be made to avoid splashing walls, windows, furniture, flowers and other items when cleaning. Contractor must perform any follow up cleaning when splashing does occur within 24 hours or as directed by the City Representative. Scope of Work: A. Downtown sidewalks. The following are locations to be cleaned: Location # 1. College Avenue from Olive Street (north corners) to Laporte Avenue (south corners). East and West sides. 2. Olive Street (north side only). East from College Avenue to first alley. (north side only) West from College Avenue to first alley. 3. Oak Street from Remington Street Parking lot (West side of parking lot) to Mason. North and South sides. (not to include Oak Street Plaza Park unless requested) 4. Mountain Avenue North side from College West to Mason. 5. Mountain Avenue South side from Remington to Mason. 6. Laporte Avenue South side from College Avenue West to first alley. 7. Laporte Avenue North side from College Avenue West to first alley. 8. Walnut Street North side from Mountain Avenue West to College Avenue. This location includes the Pine Street median at the intersection of Pine Street and Walnut Street. 9. Linden Street both side’s from Walnut Street to Jefferson Street. B. Corners and median pedestrian crosswalks 10. Two North corners on Olive Street and College Avenue: This location also includes one (1) median pedestrian crosswalk. 11. Two East corners on Oak Street and College Avenue: This location also includes two (2) median pedestrian crosswalks. 12. Bus stop area on the West side of College Avenue and Oak Street (not to include Oak Street Plaza Park). 13. Four corners on Mountain Avenue and College Avenue: This location also includes four (4) median pedestrian crosswalks. BID 8212 Pressure Washing for Downtown Area Page 6 of 17 14. Two South corners of Laporte Avenue and College Avenue: This location also includes one (1) median pedestrian crosswalk. C. Old Town Square Common Area 15. Between 100 East Mountain and Walnut Street as well as Trimble Court. The alley walkway between Coopersmith’s Pub and Poolside restaurants, from Mountain Avenue North to where the walkway turns East into Whilton Alley proceeding North to Walnut Street. Eight cleanings to be coordinated with Parks Crew Chief in the month prior to each cleaning. Must be completed within two working days. D. Oak Street Plaza 16. Located at Oak Street and College Avenue running West to the 100 block of Oak Street. This area includes pavers and concrete sidewalks within Oak Street Plaza as well as ramps, stairs, landings and patio to adjoining buildings on the North and South borders of oak Street Plaza. E. Renovated alley ways 17. Tenny Alley: From W. Mountain Avenue North to where it connects with the two other intersecting alley ways on the block. The area of enhanced pavers connecting Tenny Alley to the SE entrance to the Civic Center Parking Structure needs to be included in this area. 18. Old Firehouse Alley: Within alley property boundry from Pine Street to Linden Street. This area includes the smaller feed alley ways from the main alley trunk to Walnut Street and to Jefferson Street. This area includes three (3) trash dumpster areas. 19. Montezuma Fuller Alley: Within alley property boundry from Mountain Avenue to Oak Street. This area includes the side alley from the main alley trunk East to Remington Street. This area includes two (2) trash dumpster areas. 20. West Myrtle Alley: Within alley property boundry from W. Myrtle Avenue to Laurel Street including two (2) side alleys from main trunk West to Mason Street. This area does not include any of the dumpster areas. Incidentals: Contractor may be asked to pressure wash areas outside of the general scope of work on an as needed basis. See attached map with highlighted areas to be cleaned. Schedule and Frequencies for each location Locations #1 - #8: Six monthly cleanings – April through September. To be cleaned within the last ten days of each scheduled month and completed within five working days of a calendar week. #9: Eight Monthly cleanings - March through October. Linden Street to be cleaned monthly in the months of March through October. Eight cleanings. #10 Cleaned monthly in the months of March-May and September-October. Cleaned weekly beginning Mid-June through August. Sixteen cleanings. The median pedestrian crosswalk associated with this site needs only monthly cleanings throughout the pressure washing season. #11 Cleaned weekly Mid-March through Mid-October. Thirty two cleanings The median pedestrian crosswalks (2) associated with this site needs only monthly cleanings throughout the pressure washing season. BID 8212 Pressure Washing for Downtown Area Page 7 of 17 #12 Cleaned monthly March through October. Eight cleanings. #13 Cleaned weekly Mid-March through Mid-October. Thirty two cleanings. The median pedestrian crosswalks (4) associated with this site needs only monthly cleanings throughout the pressure washing season. #14 Cleaned monthly in the months of March through October. The median pedestrian crosswalks (2) associated with this site needs only monthly cleanings throughout the pressure washing season. #15: Eight cleanings – March through October. To be cleaned monthly on a flexible scheduled to be determined by the Parks Division prior to each month. Must be completed in one working day. #16: Cleaned on an as needed basis. To be coordinated by Parks Division representative. #17: Cleaned on an as needed basis. To be coordinated by Parks Division representative. #18: Cleaned monthly April through October, Eight (8) cleanings. #19: Cleaned monthly April through October, Eight (8) cleanings. #20: Cleaned monthly April through October, Eight (8) cleanings. Note: Please coordinate the cleanings of these locations 9 and 15 to be cleaned on the same day when possible. BID 8212 Pressure Washing for Downtown Area Page 8 of 17 WORK AREA MAPS BID 8212 Pressure Washing for Downtown Area Page 9 of 17 BID 8212 Pressure Washing for Downtown Area Page 10 of 17 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" 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. 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. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by 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. 6. 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 BID 8212 Pressure Washing for Downtown Area Page 11 of 17 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 BID 8212 Pressure Washing for Downtown Area Page 12 of 17 written consent of the City. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Indemnity/Insurance. BID 8212 Pressure Washing for Downtown Area Page 13 of 17 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. 18. 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. 19. 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. 20. 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. BID 8212 Pressure Washing for Downtown Area Page 14 of 17 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. 21. 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. BID 8212 Pressure Washing for Downtown Area Page 15 of 17 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: BID 8212 Pressure Washing for Downtown Area Page 16 of 17 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 8212 Pressure Washing for Downtown Area Page 17 of 17 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.