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HomeMy WebLinkAboutBID - 8404 TREES ALONG TRAILS PLANTINGSBID 8404 Trees Along Trails Plantings Page 1 of 23 INVITATION TO BID 8404 TREES ALONG TRAILS PLANTINGS BID OPENING: 3:00 P.M. (our clock), NOVEMBER 1, 2016 The City of Fort Collins is requesting bids from firms to provide unit pricing to install Narrowleaf and Plains Straight Cottonwood trees to areas along existing City of Fort Collins recreational trails and also a unit cost to water the new trees for a duration of two years from the finished installation. Sealed bids will be received and publicly opened at the office of the Director of Purchasing, 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), November 1, 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. Questions concerning the scope of the bid should be directed to Craig, Kisling, Project Manager, at (970) 221-6367 or ckisling@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Craig Kisling , with a copy to Elliot Dale, no later than 5:00 PM our clock on October 21, 2016. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. The City of Fort Collins has adopted a new Dust Prevention and Control Manual. The manual can be found at: http://www.fcgov.com/airquality/fugitive-dust.php. All operations conducted under this Agreement shall be performed in accordance with the stated procedures and requirements. 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 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 8404 Trees Along Trails Plantings Page 2 of 23 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. 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 citydocs.fcgov.com under the project number and name. Gerry Paul Purchasing Director BID 8404 Trees Along Trails Plantings Page 3 of 23 8404 TREES ALONG TRAILS PLANTINGS BID OPENING: 3:00 p.m. (our clock), November 1, 2016 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR TREES ALONG TRAILS PLANTINGS PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids from contractors to provide unit pricing to install Narrowleaf and Plains Straight Cottonwood trees to areas along existing City of Fort Collins recreational trails and also a unit cost to water the new trees for a duration of two years from the finished installation. The awarded Service Provider will be expected to sign the Agreement without revision and provide the required Certificate of Liability Insurance naming the City as an Additional Insured for General and Automotive Liability. Award shall be made to the lowest responsive and responsible Service Provider and upon successful review of the Service Provider’s included previous project references. BID 8404 Trees Along Trails Plantings Page 4 of 23 8404 BID SCHEDULE Our firm will provide price to supply and plant one of any of the trees per specification. Award will be based on lowest responsive, responsible base bid that meets specification including qualifications. PROJECT: TREES ALONG TRAILS PLANTINGS PARK PLANNING DEPARTMENT CITY OF FORT COLLINS FORT COLLINS, CO Bid from a corporation organized and existing under the laws of the state of : or a partnership consisting of and , partners; or an individual hereinafter called the bidder. TO OWNER: CITY OF FORT COLLINS – PARK PLANNING Bid Proposal – TREES ALONG TRAILS PLANTINGS Attn: GERRY PAUL, Director of Purchasing (2nd Floor) PO Box 580, 215 N. Mason Street Fort Collins, CO 80522-0580 1. Acknowledgments A. The undersigned acknowledges that he has received and familiarized himself with the Bid Invitation and the bid documents included. B. The undersigned acknowledges receipt of _________ addendum. C. The undersigned further acknowledges that he has familiarized himself with the site and the local conditions affecting the cost of the work at the places work is to be performed. D. In submitting the Bid the undersigned agrees: 1. To enter into and execute a contract, if awarded on the basis of this Bid, and to furnish a Performance Bond and Payment Bond in accordance with the requirements of the contract if the trees and planting exceeds $100,000. 2. List of Qualifications and Reference Projects A. Provide documentation of qualifications and provide at least three (3) reference projects specific to like landscape work as described in the Scope of Work. BID 8404 Trees Along Trails Plantings Page 5 of 23 3. BID SCHEDULE Description Unit Unit Price Quantity Total Price Price to supply and plant one tree EA $ 125 $ Unit price to water one tree EA $ 125 trees X 60 waterings (estimated waterings per tree for 2 years) = 7,500 $ TOTAL BASE BID $ IN WORDS _________________________________________________________________ (Amount shall be shown in both words and figures. In case of discrepancy, the amount in words will govern). 4. Right of Owner In submitting this Bid, it is understood that the right to reject any and all Bids and to waive irregularities in the bidding has been reserved by the Owner. Dated this _______ day of ___________________ 2016 _____________________________________________ Firm/Contractor Name: _____________________________________________ Address of Firm/Contractor _____________________________________________ Telephone Number _____________________________________________ Email Address By: __________________________________________ Signature of Authorized Officer __________________________________________ Printed Name Title: ________________________________________ BID 8404 Trees Along Trails Plantings Page 6 of 23 SCOPE OF WORK 8404 TREES ALONG TRAILS PLANTINGS Description: This bid is for a unit price to install new trees in several locations along existing City of Fort Collins recreational trails (see Attachment 1) and also to water each tree. Trees will be from a selected list of balled and burlapped, 2.0 inch caliper canopy shade trees. Qualifications of Bidder: 1. Qualified bidder must have a minimum of five years as a landscape contractor. 2. Qualified bidder will supply with bid, 3 references specific to like landscape work. Bidder must supply other references upon request. References must include contact name, title, phone number and email address, date when work was completed and type of work. 3. Qualified bidder must have sufficient manpower and equipment to accomplish said work in the required time. 4. The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data as is reasonably required for this purpose. The Owner reserves the right to disqualify any bid if the evidence resulting from the Owners investigation shows, in the opinion of the Owner, that the bidder is not properly qualified to prosecute the work described herein. Specifications: 1. Supply and plant 125 trees; 63 Plains Straight Cottonwoods and 62 Narrowleaf Cottonwoods along the trails in areas shown in Attachment 1. 2. Projects will be assigned in groups of approximately 15 - 25 trees at a time and will include the two species listed. Attachment 1 provides the locations and numbers of plantings to be installed. 3. Project shall be completed within 30 days of Notice to Proceed. The City prefers planting to be completed in the fall of 2016, but if tree availability and/or weather conditions do not permit planting, spring 2017 planting can be considered. 4. The planting locations will be marked with a pink wooden stake prior to the work being started. 5. The contractor is legally responsible for obtaining utility locates. 6. The contractor will be responsible to water each tree at a minimum of 30 times per year for two years. Each tree should receive 20-30 gallons of water at each watering. Watering’s shall be invoiced at the end of every month that watering has occurred. 7. Plant material shall be inspected by the Owner’s Representative and the City of Fort Collins Forestry before planting. Rejected materials must be removed from the site, BID 8404 Trees Along Trails Plantings Page 7 of 23 replaced and the new tree re-inspected before planting. The Owner reserves the right to reject plant material at any stage of installation. 8. All trees used shall meet the ANSI Z60.1 – 2004 American Standards for Nursery Stock. Trees with disease or insects are not permitted. Trees with wounds or broken branches will be rejected. Trees with co-dominant leaders or poor form will be rejected. 9. Trees shall be balled and burlapped. Broken or loose root balls will be rejected. Balled and burlapped plants shall be nursery grown stock adequately balled with a firm root ball, and in sizes and ratios conforming to the Colorado Nursery Act and in conformance with the ANSI Z60.1 standards. 10. Trees to be planted shall have been dug within one year from the time of planting. If stock is not available to meet this specification then trees stored above ground for less than two years may be acceptable. Stock held above ground 1-2 years will only be acceptable by special approval and only if quality and condition have not been reduced by extended storage. 11. Trees shall be protected at all times from injury of any kind. Protect root balls from drying out during storage, transport and the planting process. When trees are in foliage special care should be taken to prevent crowns from drying out. Cover trees with a protective cloth or tarp when transporting. If trees must be transported at higher speeds (i.e. – the interstate highway), they must be covered with a protective tarp. 12. Caution must be used to prevent damage to roots, trunks and branches during all phases of storage, transport and during the planting process. 13. Planting holes shall be dug 1.5 times wider than the tree ball. Existing soil shall be used for back fill. Trees shall be planted so that the top of the natural ball is about 1” above grade. Planting holes shall not be over excavated in terms of depth. 14. Trees rings shall be mulched with 4 inches of mulch. Mulch will be supplied by the City of Fort Collins Forestry. The material is to be obtained at the Hoffman Mill Crushing Operations, 1380 Hoffman Mill Road, Fort Collins, CO 80524. 15. Remove at least the top half of the wire basket and burlap. 16. Remove all labels, flagging and twine from around the trunk and branches. 17. Remove excess soil, sod and any other materials not part of the tree planting. 18. When extra soil is needed to complete planting to specification it shall be provided by the contractor. 19. All trees will be staked with two round wooden stakes that are a minimum of 6ft long. Attachments to the trunk shall be by a method approved by the City Forester. The City Forester must inspect and approve the staking materials prior to the start of the planting. Hose and wire will not be an acceptable method of securing the tree to the stakes. The Contractor is responsible for removing stakes and staking materials after 2 years. BID 8404 Trees Along Trails Plantings Page 8 of 23 20. Contractor will provide a warrantee for two years after planting. Contractor is not responsible for trees that die from vandalism. The City will notify the contractor of trees that need to be replaced. Notifications made from May 1 to September 1 shall be completed within three weeks. 21. At the end of the warrantee period, the Owner’s Representative will inspect trees for satisfactory condition. The Owner’s Representative shall contact the Contractor concerning replacements. Replacements may take place the following growing season if deemed proper or necessary by the Owner’s Representative. 22. If a tree is in marginal condition at the end of the warrantee period it may be agreeable to both parties to wait until the end of the growing season before deciding whether to replace that tree. Plant materials that are replaced during the warranty period shall be replaced one time at the Contractor's expense. Cost of subsequent replacements, if required, shall be negotiated with the Owner's Representative. 23. Replacements shall be of the same kind and size as originally specified and shall be installed as described in the contract documents unless changes are approved by the City Representative. Repairs and replacements shall be made at no expense to the Owner. 24. The contractor is responsible for fixing irrigation lines damaged or broken during planting. Repairs must be completed within 3 work days of damage or notification of damage. 25. Contractor shall notify the City Park Planning and Forestry Division at least one day prior to planting. Planting will not occur on Fridays. 26. Work shall conform to City of Fort Collins traffic control requirements and all other rules and laws of the land. 27. The contractor shall be responsive and courteous to all citizens they come in contact with and promptly report any concerns or requested changes to City Forestry. 28. Failure of a Contractor to adhere to any of these specifications or requirements shall be grounds to terminate the use of that Contractor. 29. Other species and/or additional tree transplanting methods will be handled on an individual basis. Prices would be negotiated on a per job basis. Tree List: Populus sargentii 'Jeronimus' Plains Straight Cottonwood Populus angustifolia Narrowleaf Cottonwood BID 8404 Trees Along Trails Plantings Page 9 of 23 ATTACHMENTS Attachment 1: Map of tree planting locations BID 8404 Trees Along Trails Plantings Page 10 of 23 BID 8404 Trees Along Trails Plantings Page 11 of 23 BID 8404 Trees Along Trails Plantings Page 12 of 23 BID 8404 Trees Along Trails Plantings Page 13 of 23 BID 8404 Trees Along Trails Plantings Page 14 of 23 BID 8404 Trees Along Trails Plantings Page 15 of 23 BID 8404 Trees Along Trails Plantings Page 16 of 23 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 8404 Trees Along Trails Plantings Page 17 of 23 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 8404 Trees Along Trails Plantings Page 18 of 23 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 twenty-four (24) 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 8404 Trees Along Trails Plantings Page 19 of 23 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 Purchasing Director, 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 8404 Trees Along Trails Plantings Page 20 of 23 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 8404 Trees Along Trails Plantings Page 21 of 23 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: Senior Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: BID 8404 Trees Along Trails Plantings Page 22 of 23 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 8404 Trees Along Trails Plantings Page 23 of 23 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.