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HomeMy WebLinkAboutRFP - ROAD MAINTENANCE AT SOAPSTONE NATURAL AREA (2)RFP 8248 Road Maintenance at Soapstone Natural Area Page 1 of 18 REQUEST FOR PROPOSAL 8248 ROAD MAINTENANCE AT SOAPSTONE NATURAL AREA The City of Fort Collins is requesting proposals from qualified firms to maintain gravel surfaced roads and parking areas in and near Soapstone Natural Area. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), February 26, 2016 and referenced as Proposal No. 8248. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. 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. Questions concerning the scope of the bid should be directed to Ryan Kogut, Project Manager, at (970) 416-2206 or rkogut@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer, at (970) 221-6777 or edale@fcgov.com. A pre-proposal meeting and site walk will be held at 1:00 PM on February 16, 2016 at Rawhide Flats Road, just North of bridge, which is just North of County Road 84. All questions not presented at the pre-proposal meeting must be submitted in writing via email to Ryan Kogut , with a copy to Elliot Dale, no later than 5:00 PM our clock on February 19, 2016. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. 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 RFP 8248 Road Maintenance at Soapstone Natural Area Page 2 of 18 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. 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8248 Road Maintenance at Soapstone Natural Area Page 3 of 18 City of Fort Collins - Natural Areas Maintenance of Rawhide Flats Road to Soapstone Prairie Natural Area And Two Parking Lots and various Ranch Roads On behalf of the Natural Areas Department, the City of Fort Collins is seeking a well-qualified contractor to maintain gravel surfaced roads and parking areas in and near Soapstone Natural Area. CHAPTER 1 – GENERAL INFORMATION 1. INTRODUCTION The City of Fort Collins Natural Areas Department manages 44 sites and over 36,000 acres locally and regionally. The Natural Areas Department’s mission is to conserve and enhance lands with natural resource, agricultural and scenic values, while providing meaningful education and appropriate recreation opportunities. Soapstone Prairie Natural Area is a regional natural area consisting of over 22,000 acres. The initial purchase was made in 2004 and it was opened to the public for hiking, biking and horseback riding in 2009. The City constructed 9 miles of 20’ wide gravel road to Larimer County road standards to provide access to the site. The City also constructed two large gravel parking areas to provide trailhead parking. Soapstone is leased out for cattle grazing and there are many miles of existing ranch roads on the site and a secondary non-public access road to the east to I-25. The City Streets Department has provided the road maintenance for Soapstone for the last 6 years; but it has become a challenge for Streets to prioritize this work. Therefore the Natural Areas Department is seeking a qualified gravel road maintenance contractor to provide the road maintenance for Soapstone Natural Area. Typical maintenance has been grading Rawhide Flats Road and the parking lots in the spring, usually April-May and then again in the fall Sept-Oct. Maintenance of the ranch roads has been on an as needed basis, usually connected to either the spring or fall maintenance of Rawhide. To date, the City has not applied a dust suppressant/road stabilizer agent such as mag-chloride or Durablend; however the City realizes that such application will be necessary. 2. GENERAL On behalf of the Natural Areas Department, the City of Fort Collins is seeking a well- qualified contractor to maintain Rawhide Flats Road (Rawhide), two parking lots and many miles of ranch roads on Soapstone Prairie Natural Area (Soapstone). The City plans to enter into a time and materials-based Services Agreement – Work Order type with one or more qualified gravel road maintenance contractors. Rawhide is a gravel road; which starts at CRD 84 where CRD 15 ends. The southern 4 miles of Rawhide is a public – privately maintained road. The City has agreed with the County to maintain these 4 miles of road twice per year. The Rawhide neighborhood has not formed a road maintenance association and is currently not participating in the maintenance of the road. The northern 5 miles is privately owned by the City. The first two miles north of CRD 84 carries an average of approximately 200 vehicles per day and is currently being maintained at approximately 24’ wide. The remaining seven miles of road carries an average of 40 vehicles per day and is being maintained at approximately 20’ wide. The road and parking lots were constructed in 2008-2009 and the southern two miles of Rawhide RFP 8248 Road Maintenance at Soapstone Natural Area Page 4 of 18 were redesigned and reconstructed since then to improve the road bed and drainage. The City is seeking innovative strategies to maintain this road. Soapstone has two trailhead parking areas. The southern parking area consists of a gravel loop road off which there are17 horse trailer spaces, which are separated by landscape timbers, and 20 vehicle parking spaces. The northern parking area consists of a gravel loop road off which there are 50 vehicle parking spaces and a bus pad. The ranch roads vary from often maintained 20’ wide gravel roads to seldom maintained two track dirt roads. Approximately 10 miles of ranch roads are re-graded once each year. The City of Fort Collins reserves the right to utilize the selected contractor for maintenance work on other gravel roads located in and near other City properties and/or bid out the Work independent of this Agreement. 3. REQUIREMENTS The successful contractor will be responsible for providing all equipment and labor to maintain these gravel surfaces in a sustainable manner. The City will be responsible for the application of the dust control/road stabilizer product with a separate vendor under an independent contract. The road maintenance contractor will be responsible for coordinating with the City’s service provider for the stabilizer application. 4. COST OF PROPOSAL PREPARATION No reimbursement will be made by the City of Fort Collins for any costs incurred prior to a formal Notice to Proceed. 5. PROPOSALS TO BE IN EFFECT Each proposal shall state it is valid for a period of not less than ninety (90) days from the date of receipt. 6. SALES TAX EXEMPTION The City of Fort Collins is exempt from all state taxation including state sales and use taxes. CHAPTER 2 – OBJECTIVES The City desires the gravel roads and parking areas to be maintained in such a way to provide a stable, smooth, dust resistant, weather resistant and sustainable surface as is practical. CHAPTER 3 - SCOPE OF WORK The following is an outline of a general scope of work. The contractor should expand each of the tasks listed below and describe the best management practices they propose to use. Additional tasks that the contractor determines necessary to assure good sustainable roads and parking areas should be added to this list. 1. Maintain the nine miles of Rawhide Flats Road twice a year, once in the spring and once in the fall by: a. Grade and clean ditches and culverts to maintain drainage; RFP 8248 Road Maintenance at Soapstone Natural Area Page 5 of 18 b. Haul and add the appropriate amount of water to the road; c. Re-grading the road to smooth the surface and restore the crown and drainage; d. Compact the road appropriately; e. Schedule and coordinate with the dust suppressant/road stabilizer application and product provider. 2. Maintain the two parking lots on Soapstone twice a year by: a. Grade and clean ditches and culverts to maintain drainage; b. Haul and add the appropriate amount of water to the parking areas; c. Re-grading the parking areas to smooth the surface, expose the surface of the landscape timbers between the horse trailer parking spaces and restore the drainage; d. Compact the parking area appropriately; e. Schedule and coordinate with the dust suppressant/road stabilizer application and product provider. 3. Maintain the ranch roads and the secondary access road as requested by: a. Grade and clean ditches and culverts to maintain drainage; b. Re-grading the road to smooth the surface and restore the crown and drainage. CHAPTER 4 –QUALIFICATION AND SUBMISSION REQUIREMENTS Only contractors that have the requisite experience and qualifications are encouraged to submit proposals. Firms shall submit the following information: 1. Company history and experience in maintaining and reconstructing gravel roads and parking areas. 2. List of key employees proposed to provide the maintenance; their experience; length of time with the company; and their role in the maintenance activities. Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? 3. References from three or more organizations, which have used your company for “similar services” within the past five years. Provide the following information: a. Name and address of referenced user or client. b. Name, title and telephone number of contact person for referenced user or client. c. A description of services provided for the referenced user or client. d. Dates/time-frame in which services were provided for the referenced user or client. 4. List of equipment to be used on this project 5. List of hourly equipment and labor rates: to include equipment for grading, compacting, hauling water, hauling road materials, cleaning culverts and ditches, etc. RFP 8248 Road Maintenance at Soapstone Natural Area Page 6 of 18 6. Provide your estimated not to exceed cost for maintaining the nine miles of road and the two parking areas twice a year. 7. Provide your estimated not to exceed cost for maintaining ten miles of ranch roads once per year. CHAPTER 5 - SELECTION PROCESS AND SCHEDULES Qualified gravel road maintenance contractors interested in the work described in this Request for Proposals should submit items found in Chapter 4. Upon review, the City retains the right to select as many, or as few, contractors for these services. A tentative RFP process schedule is provided below: RFP Process: DATE RFP Advertised to Contractors February 9, 2016 Pre-Proposal Meeting & Site Visit February 16, 2016 Questions Deadline February 19, 2016 Receive Proposals February 26, 2016 Interview Top Contractors Week of March 14, 2016 Award Contract Week of March 14, 2016 Notice to Proceed Week of March 28, 2016 RFP 8248 Road Maintenance at Soapstone Natural Area Page 7 of 18 CHAPTER 6 - REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Will the assigned persons be able to work on the road year after year to provide consistency and carry out long term maintenance strategies? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 8248 Road Maintenance at Soapstone Natural Area Page 8 of 18 CHAPTER 7 – ATTACHMENTS Attachment 1: Overview Map RFP 8248 Road Maintenance at Soapstone Natural Area Page 9 of 18 CHAPTER 8 – SAMPLE SERVICES AGREEMENT – WORK ORDER TYPE SERVICES AGREEMENT WORK ORDER TYPE 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit “B”, consisting of ( ) page , and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or RFP 8248 Road Maintenance at Soapstone Natural Area Page 10 of 18 oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence , 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 is 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/Notices. 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 mailed 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 address: 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 termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as RFP 8248 Road Maintenance at Soapstone Natural Area Page 11 of 18 Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the 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 RFP 8248 Road Maintenance at Soapstone Natural Area Page 12 of 18 into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. RFP 8248 Road Maintenance at Soapstone Natural Area Page 13 of 18 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. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. RFP 8248 Road Maintenance at Soapstone Natural Area Page 14 of 18 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 one (1) page, attached hereto and incorporated herein by this reference. RFP 8248 Road Maintenance at Soapstone Natural Area Page 15 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8248 Road Maintenance at Soapstone Natural Area Page 16 of 18 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AGREEMENT DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this Work Order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ RFP 8248 Road Maintenance at Soapstone Natural Area Page 17 of 18 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not 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. RFP 8248 Road Maintenance at Soapstone Natural Area Page 18 of 18 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.