Loading...
HomeMy WebLinkAboutRFP - 7636 HYDRAULIC EXCAVATORS (2)RFP 7636 Hydraulic Excavators Page 1 of 22 REQUEST FOR PROPOSAL 7636 HYDRAULIC EXCAVATORS The City of Fort Collins is requesting proposals from qualified firms for the cost of a one year rental with option to own and the cost to purchase on two different size excavators. Proposals submission via email is preferred. Proposals shall be submitted n Microsoft Word or PDF format 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 will be received before 3:00 p.m. (our clock), May 21, 2014 and referenced as Proposal No. 7636. 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. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Dwight Dufloth at (970) 416-2165 or email – ddufloth@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 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. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. 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 7636 Hydraulic Excavators Page 2 of 22 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. Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 7636 Hydraulic Excavators Page 3 of 22 REQUEST FOR PROPOSAL HYDRAULIC EXCAVATOR -Two different models- INSTRUCTIONS & SPECIFICATIONS GENERAL: The City of Fort Collins is requesting proposals for the cost of a one year rental with option to own and the cost to purchase on two different size excavators. It is the intention of this specification to describe two hydraulic excavators to be used for excavation and pipeline maintenance. Each unit proposed shall meet all current DOT, OSHA, ANASI, EPA regulations, and meet SAE engineering and manufacturing standards. The components selected shall be new and rated for the maximum loading they would be subjected to in severe service. The torque rating of a driven component shall exceed the input torque. The component parts and structure of the unit shall be sized and designed to safely withstand the maximum load imposed, without failure or induction of deterioration. The unit shall be constructed from current production components. The equipment proposed must be new and shall be the manufacturer’s current year production model as of the date of delivery, and not a model slated to be phased out of production. The Vendor shall submit with their proposal response the latest printed literature and detailed specifications on the equipment proposed. Do not exclude or delete any major or minor items not specifically mentioned, but which would normally and reasonably be necessary for proper, safe and beneficial use an ownership. Any variations from the following specifications shall be identified on a separate sheet clearly marked “EXCEPTIONS TO SPECIFICATIONS”; each variation shall be explained in detail, listing the advantages or disadvantages. Failure to list variations, in detail, may result in the rejection of the proposal response. All RFP’s must be submitted with the attached RFP schedule. RFP 7636 Hydraulic Excavators Page 4 of 22 # 1 - EXCAVATOR, equipped as follows: Make: Model: Year: CONFORM TO SPECS? Y OR N Operating Weight: 30,000 to 33,000 pounds. Engine: Liquid cooled turbo charged diesel engine with Net horsepower between 89 to 97 and meeting current Tier 4 EPA Interim emissions standards. Engine shall be equipped with an automatic engine idle. Include Engine Block Heater. Cab: Factory installed air conditioner, heater and defroster, 12 volt receptacle, reclining air suspension seat, pilot operated joystick controls with pattern control changer and an AM/FM radio. Display Monitor: LCD monitor for fuel level, engine oil, engine temperature and warning lights. Stick and Boom: The machine shall be equipped with a pattern control changer and 9ft-11in arm length. Coupler: The machine shall be equipped with a hydraulically operated quick coupler to facilitate the changing of work tools. Auxiliary Hydraulics: The machine shall be equipped with combined function high-pressure lines and quick connectors. The auxiliary system shall include a diverter valve to provide optimum performance when using a one-way flow (hammer) or two-way flow (thumb and auger) work tools. The system shall provide the machine with a high degree of flexibility without re-configuring the hydraulic lines. A secondary auxiliary supply circuit shall be supplied for tools requiring a rotating or other medium pressure circuit. The Auxiliary flow shall be controlled from the cab by means of the LCD monitor. Tracks: The machine shall be equipped with widest available rubber track pads or shoes (clamp-on). The RFP 7636 Hydraulic Excavators Page 5 of 22 construction of the tracks shall consist of embedded steel shanks to engage the sprockets and steel cables. Blade: No blade required Bucket : 36” heavy duty general purpose bucket Bucket equipped with hydraulic thumb: 36” heavy duty general purpose bucket with replaceable teeth. Tie-down Points: Tie-down points shall be located on the blade and undercarriage for secure transportation of the machine Performance: Dig depth up to 20ft 0in. Features: Reduced tail swing capability. Equipment Management Monitoring System to relay error codes, cautions, maintenance items, fuel levels etc. Backup camera and backup alarm Fuel efficiency capabilities RFP 7636 Hydraulic Excavators Page 6 of 22 EXCAVATOR # 2, equipped as follows: Make: Model: Year: CONFORM TO SPECS? Y OR N Operating Weight: 37,000 to 40,000 pounds. Engine: Liquid cooled turbo charged diesel engine with Net horsepower between 113 to 121 and meeting current Tier 4 EPA Interim emissions standards. Engine shall be equipped with an automatic engine idle. Including Engine Block Heater Cab: Factory installed air conditioner, heater and defroster, 12 volt receptacle, reclining air suspension seat, pilot operated joystick Controls with pattern control changer and an AM/FM radio Display Monitor: LCD monitor for fuel level, engine oil, engine Temperature, warning lights, etc. Stick and Boom: The machine shall be equipped with a pattern control changer and 10ft -2” arm length Coupler: The machine shall be equipped with a hydraulically operated quick coupler to facilitate the changing of work tools. Auxiliary Hydraulics: The machine shall be equipped with combined function high-pressure lines and quick connectors. The auxiliary system shall include a diverter valve to provide optimum performance when using a one-way flow (hammer) or two-way flow (thumb and auger) work tools. The system shall provide the machine with a high degree of flexibility without re-configuring the hydraulic lines. A secondary auxiliary supply circuit shall be supplied for tools requiring a rotating or other medium pressure circuit. The auxiliary flow shall be controlled from the cab by means of the LCD monitor. Tracks: The machine shall be equipped with widest available rubber track pads or shoes. The construction of the tracks shall consist of embedded steel shanks to engage RFP 7636 Hydraulic Excavators Page 7 of 22 the sprockets and steel cables. Bucket: Heavy duty general purpose bucket with replaceable teeth. Bucket equipped with hydraulic thumb: Heavy duty general purpose bucket with replaceable teeth. Tie-down Points: Tie-down points shall be located on the blade and undercarriage for secure transportation of the machine. Performance: Max. digging depths up to 22ft 0in. Features: Equipment Management Monitoring System to relay error codes, cautions, maintenance items, fuel levels etc. Backup camera and Backup alarm Fuel efficiency capabilities Delivery Requirements: This unit shall be F.O.B. City of Fort Collins, Fleet Services Shop, 906 W. Vine, Fort Collins, Colorado 80521 Warranty: Each RFP response shall include, in a detailed and through manner, a description of the OEM’s warranty and component warranties. Additionally, each vendor has the option to include information on extended warranties and associated costs. Manuals: One (1) set of service/maintenance manuals and parts manual and two (2) operator’s manuals shall be included in the price and delivered with the machine. Training: The successful vendor shall provide a minimum of eight (8) hours of on-site operator and maintenance staff training. RFP 7636 Hydraulic Excavators Page 8 of 22 HYDRAULIC EXCAVATOR PRICING SCHEDULE 1. One (1) each: Hydraulic Excavator, as specified. Make: Model: Year: Rental cost – one year use with option to own $ Purchase Price: $ Comments: 2. One (1) each: Hydraulic Excavator, as specified. Rental cost – one year use with option to own $ Purchase Price: $ Comments: 4. Hybrid Equipment / Green technology – Yes: _____ No: _____ Please additionally quote hybrid equipment/ green technology for the two different excavator models. Provide cost breakdown on separate sheet of paper. 3. Optional Equipment: Hammer $ Vibratory Plate Compactor $ Compaction Wheel $ Cab Vandalism Guards $ Light Package $ 4. Approximate Delivery Dates: 5. Warranty: RFP 7636 Hydraulic Excavators Page 9 of 22 6. Comments: RFP 7636 Hydraulic Excavators Page 10 of 22 Evaluation and Assessment of Proposal An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth below. Firms shall be evaluated on the following criteria. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the qualification. A selection may be made on the basis of written proposals, or the City may schedule demonstrations/interviews with up to three firms. Such demonstrations/interviews will be rated, in general, using the same procedure as the written proposals. Weighting Factor Qualification Standard 1.0 Scope of Proposal Does the response address all the elements of the proposal? 2.0 Technical Specifications Do the proposed units meet the general specifications? How well do the units meet the specific design requirements? 1.0 Availability/ Motivation How does delivery time of finished units compare to other manufacturers? Is the firm interested? 2.0 Advanced Technology Do the proposed units assist the City in meeting fuel efficiency and carbon emission goals? Are there productivity improvements with the technology? 1.0 Equipment evaluation Was equipment provided for evaluation? How were performance, safety, visibility and operational aspects? 2.0 Cost How do the costs compare to other vendors? Are the proposed costs reasonable? 1.0 Firm Capability Is the firm capable of doing the work in the required time frame? Does the firm have the warranty and support capabilities needed? RFP 7636 Hydraulic Excavators Page 11 of 22 Reference Evaluation (Top-ranked firms) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory / Unsatisfactory. Qualification and Standard a. Overall Performance - Would you purchase a hydraulic excavator from this company again? b. Timetable - Was the equipment delivered on time? c. Warranty & Service - Has the company responded adequately to requests for warranty work? Were parts specific to the company readily available? Has the company been able to reconcile general warranty issues with component warranties? Has the company been helpful in trouble shooting operational, maintenance, and quality problems? d. Price - Was equipment delivered on budget or with reasonable changes? e. Flexibility - Was the company responsive to requests for information? f. Quality - Has the company’s equipment fulfilled expectations for durability, reliability, and performance? Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal. RFP 7636 Hydraulic Excavators Page 12 of 22 SERVICES AGREEMENT (sample) THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of RFP 7636 Hydraulic Excavators Page 13 of 22 the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: City of Fort Collins Attn: Purchasing Dept. RFP 7636 Hydraulic Excavators Page 14 of 22 PO Box 580 Fort Collins, CO 80522 PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 10. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will RFP 7636 Hydraulic Excavators Page 15 of 22 not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship RFP 7636 Hydraulic Excavators Page 16 of 22 for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or RFP 7636 Hydraulic Excavators Page 17 of 22 liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: RFP 7636 Hydraulic Excavators Page 18 of 22 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease RFP 7636 Hydraulic Excavators Page 19 of 22 employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7636 Hydraulic Excavators Page 20 of 22 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE Date:_____________________________ RFP 7636 Hydraulic Excavators Page 21 of 22 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7636 Hydraulic Excavators Page 22 of 22 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.