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HomeMy WebLinkAboutRFP - 8559 HOLIDAY LIGHTINGRFP 8559 Holiday Lighting Page 1 of 22 REQUEST FOR PROPOSAL 8559 HOLIDAY LIGHTING The City of Fort Collins is requesting proposals from qualified firms for supply, installation, maintenance, removal and storage of holiday lighting for the Fort Collins Old Town area. This is a one year agreement with the option to renew for up to four (4) additional one (1) year terms. 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 a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, 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), July 7, 2017 and referenced as Proposal No. 8559. 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 Mike Brunkhardt, Parks Supervisor, at (970) 416-2349 or mbrunkhardt@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Senior Buyer, at (970) 221-6777 or edale@fcgov.com. A pre-proposal meeting will be held June 21, 2017 at 2:30 PM at 215 N Mason St. room 1B. All questions must be submitted in writing via email to Mike Brunkhardt , with a copy to Elliot Dale, no later than 5:00 PM our clock on June 28, 2017. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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. New Vendors: 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 8559 Holiday Lighting Page 2 of 22 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 8559 Holiday Lighting Page 3 of 22 8559 HOLIDAY LIGHTING 1. SCOPE OF WORK The City of Fort Collins is requesting proposals for supply, installation, maintenance, removal and storage of holiday lighting for the Fort Collins Old Town area. The City will require the Service Provider to perform all aspects of the scope of the work without City assistance. All tree canopy lights are required to be size C7 LED Cool White to mimic the appearance of incandescent lighting and will be supplied by the Service Provider. All lights must be commercial grade, UL certified with polycarbonate lenses. All tree canopy light strings are required to have one (1) light bulb every thirty-six (36) inches. All tree canopy lights outfitted on trees that are designated “new planting” are required to have one (1) bulb every eighteen (18) inches. • Canopy lighting: Installation of size C7 LED Cool White holiday canopy lighting onto specified trees. See maps #1-4 for specific sites. • Mini LED light trunk wraps: In addition to canopy lights, the following tree locations require the circumference of the tree trunks to be wrapped in a circular pattern from ground level to the first branch. Each level of trunk wrap should be approximately six (6) to eight (8) inches apart. These specific trees are located in the following areas: o College and Laporte intersection: south median o College and Mountain: North, South, West medians o College and Mountain: East median from College Avenue to Matthews Street. o College and Oak: North and South medians o College and Olive: North and South medians o College and Magnolia: North median o Oak Street Plaza Park o Old Town Square proper o Walnut St. from Linden to Pine. Trees in these areas vary in size with a total count of 334 (approximate) trees. This will require a minimum of 136,500 (approximate) total linear feet of lighting. The completed installation of the canopies and wrapped tree trunks shall be inspected and subject to approval by the City Project Manager. Any issues identified by the City shall be promptly corrected by the Service Provider. RFP 8559 Holiday Lighting Page 4 of 22 All holiday lighting products will be available for use by the City for the duration of the holiday season (October thru February 15 th ) from the Service Provider. Holiday lighting equipment will be the responsibility of the Service Provider to maintain and repair during the holiday lighting season and store during the off-season, at the Service Provider’s cost. NOTE: Linear feet is based off of an average length per tree size, (see chart for reference). The reference chart is not intended to be an exact tool for bidding purposes. REFERENCE CHART Size Small Medium Large New Plantings Total Trees 106 174 35 19 334 Linear Feet Multiplier 300 450 700 100 Total Linear Feet 31,800 78,300 24,500 1,900 = 136,500 TOTAL 2. CITY REQUIREMENTS a. The holiday lighting Service Provider may begin installation no sooner than the last Monday in September. All holiday lights must be installed, tested and ready for inspection by the City’s Project Manager by the last Friday in October. Any and all required adjustments resulting from the City Project Manager’s inspection must be performed and re-inspected by the following Wednesday. Installation and inspection must be completed in six (6) weeks. The holiday light installation, in its entirety, must be completed by the first Friday in November. Lights must be installed in the most tamper-resistant method as possible. b. During the holiday light season the Service Provider shall inspect the lights no less than once every 7 days to ensure proper function and that all lights are in working order. All maintenance of the lights must be performed by the Service Provider. Service Provider shall have 24 hours to respond to any phone, e-mail or fax notification from the project manager. Service Provider must repair any loose light strings or wiring that present a hazard to pedestrians or obstruct the passage of vehicles within 2 hours of notification. A weekly report shall be sent via e-mail to the City’s holiday lighting Project Manager, Mike Brunkhardt and the RFP 8559 Holiday Lighting Page 5 of 22 Downtown Crew Chief, Brendan Reed, to notify findings, repairs and justified cost. c. Service Provider must provide programmable, remote-controlled electrical timers for areas where holiday lights are connected to poles or buildings without timer controlled circuits. An example of the preferred programmable, remote-controlled timer is Westek model number TM21DOLB. d. Oak Street Plaza festoon lights: Parks Department Crew Chief will coordinate the removal and reinstallation of festoon lighting in Oak Street Plaza. This practice is to provide a safe, more efficient environment for the holiday lighting Service Provider to install lighting in Oak Street Plaza. The festoon lights are generally taken down for no more than 3 nights. e. No motorized lift equipment can be used during the installation, maintenance or removal of holiday lights in Old Town Square. Certified tree climbers must be used to install holiday lights in tree canopies designated medium or large. f. All required traffic control shall be provided by the Service Provider. Traffic control plans must be prepared by the Service Provider and submitted to the Traffic Operations Department for approval prior to commencement of work. g. Holiday lights are turned off for the season on February 15 th . Removal of holiday lights must be completed within three weeks after that date. Consideration for inclement weather shall be given and must be approved by the City’s Project Manager. h. Service Provider is liable for all damage of trees during the installation, removal and maintenance phases. All pruning must be completed by an ISA Certified Arborist licensed in the City of Fort Collins. No tree shall be cut in such a manner that its health or eventual safety will be impaired. i. Proper storage of the lights shall be the Service Provider’s responsibility. j. Milestone payments: 50% of the cost of the contract will be paid to the Service Provider after the City’s Project Manager has approved the final inspection of the installation process. The remaining 50% of the contract will be paid upon confirmation that all holiday lights have been removed at the end of the project season. k. This is a one year agreement however, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than 30 days prior to contract end. A copy of the Agreement can be reviewed in Attachment 1. RFP 8559 Holiday Lighting Page 6 of 22 l. Payment method: Service Provider will invoice the Fort Collins Parks Department for each milestone payment and any reimbursable incidental charges, as they occur. Invoices will be paid for the City of Fort Collins, Net 30 terms. m. Invoices are to be emailed to invoices@fcgov.com with copies to the City’s Project Manager, Mike Brunkhardt, mbrunkhardt@fcgov.com and the Downtown Crew Chief, Brendan Reed, rbreed@fcgov.com. RFP 8559 Holiday Lighting Page 7 of 22 3. SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm/team based upon the Proposal Evaluation Criteria listed in REVIEW AND ASSESSMENT. All respondents are required to include the following information in the submittal as a minimum. Proposals shall not exceed 15 double-sided pages (30 single-sided), excluding cover pages, dividers and the Proposal Acknowledgement Form. a. Provide pricing as a lump sum to complete the Scope of Work, per year. In addition, provide an hourly cost schedule for work outside the Scope of Work – regular rates and off-hours/emergency rates. At the City’s sole option, if it is determined to be in the best interest of the City, the City may consider awarding an agreement with a five (5) year term subject only to annual appropriation of funds and satisfactory performance. Please provide annual pricing for a five (5) year agreement term in the event such an approach will be more cost effective than a one (1) year agreement term with options to renew for up to four (4) additional one (1) year terms. b. Your company’s capacity and ability to perform the work outlined in Scope of Work. Should your firm be awarded this contract, describe the following: 1. How many crew members would be used to install and remove the holiday lights? 2. Timelines for project installation and removal. 3. Approach to accomplishing this program. 4. Capability to meet stated response times for repairs c. Identify and submit résumés for the contact person with primary responsibility for this project and any other supervisory personnel. The résumés shall include at least two references from previous assignments for similar work and applicable certifications required to complete the services. d. Describe and list the amount and types of equipment that your firm would have available for holiday light installation, maintenance and removal under this contract (lift truck, scissor lift, tree climbing equipment, etc.). e. Emergency responsiveness: Describe your company’s proximity to downtown and your company’s ability to respond to an emergency situation involving the holiday lights. f. Equipment availability: Describe which pieces of equipment used in the installation and removal process are owned vs. leased. g. Describe how your company prioritizes other contracts or commitments. How will the City of Fort Collins Holiday Lights contract be prioritized? RFP 8559 Holiday Lighting Page 8 of 22 h. Provide your company history and experience providing holiday light installation, maintenance and removal. Contractor shall provide documentation of at least three (3) years’ prior experience providing services of similar scope and scale. i. References from three or more organizations which have used your company for similar services within the past five years. References shall include: 1. Project name 2. Project contact person including name, title, phone number, email address 3. Annual project budget j. Complete the provided Proposal Acknowledgement Form (page 11). RFP 8559 Holiday Lighting Page 9 of 22 4. ATTACHMENTS Attachment 1: Example Services Agreement Attachment 2: Holiday Lighting Tree Maps 5. 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 optional interview session. At discretion of the City, interviews of top rated firms may be held. 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? 2.0 Availability/ Capability 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? Does the firm have the support capabilities the assigned personnel require? Has the firm performed previous projects of this type and scope? 4.0 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? RFP 8559 Holiday Lighting Page 10 of 22 6. REFERENCE EVALUATION (TOP RATED FIRM) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8559 Holiday Lighting Page 11 of 22 PROPOSAL ACKNOWLEDGEMENT FORM The SERVICE PROVIDER hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the SERVICE PROVIDER hereby makes the following representations to the City: a. All of the statements and representations made in this proposal are true to the best of the SERVICE PROVIDER’s knowledge and belief. b. The SERVICE PROVIDER has obtained all necessary authorizations and approvals that will enable the SERVICE PROVIDER to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. SERVICE PROVIDER Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: RFP 8559 Holiday Lighting Page 12 of 22 Attachment 1: Example Services Agreement 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 RFP 8559 Holiday Lighting Page 13 of 22 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: 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 RFP 8559 Holiday Lighting Page 14 of 22 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. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. RFP 8559 Holiday Lighting Page 15 of 22 17. 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 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 RFP 8559 Holiday Lighting Page 16 of 22 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 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. RFP 8559 Holiday Lighting Page 17 of 22 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Request for Proposal 8559 Holiday Lighting Page 18 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 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. Request for Proposal 8559 Holiday Lighting Page 19 of 22 Attachment 2: Holiday Lighting Tree Maps Request for Proposal 8559 Holiday Lighting Page 20 of 22 Request for Proposal 8559 Holiday Lighting Page 21 of 22 Request for Proposal 8559 Holiday Lighting Page 22 of 22