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HomeMy WebLinkAboutBID - 9629 PAVEMENT MARKINGS ON-CALL SERVICES9629 Pavement Markings On-Call Services INVITATION TO BID 9629 Pavement Markings On-Call Services BID OPENING: 3:00 PM MST (our clock), August 17, 2022 The City of Fort Collins is requesting bids for supplemental pavement markings on-call services. These services would be utilized when the City of Fort Collins staff does not have the capacity to self-perform the work items listed in the bid schedule. As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. Public Bid Opening: Due to the Covid-19 pandemic, the bid opening will be conducted by video conference per the following information. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link to join the Microsoft Teams meeting: Click here to join the meeting https://teams.microsoft.com/l/meetup- join/19%3ameeting_ZjBjMDU5MWMtNzk0Ny00YjcwLTg1N2EtMWU0YjYwZmNhYWU4%40thre ad.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431- 6d1a27b66660%22%2c%22Oid%22%3a%2237299b31-8a43-4b66-8642- b5358a21cda9%22%7d Alternatively, the bid opening can be accessed via phone. This option will only allow you to hear the audio presentation. Call in #: 1 970-628-0892 Phone Conference ID: 499 955 13# 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 should be submitted, preferably in writing via email, to Adam Hill at adhill@fcgov.com, with a copy to Project Manager, Rich Brewbaker at rbrewbaker@fcgov.com, no later than 3:00 PM MST (our clock) on August 10, 2022. Please format your e-mail to include: Bid 9629 Pavement Markings On-Call Services in the subject line. Questions received after this deadline may not be answered. Responses to all questions Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing 9629 Pavement Markings On-Call Services submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This Bid has been posted utilizing the following Commodity Code(s): 550 36 Marking Compound 550 72 Stripes and Legends, Plastic, Prefabricated and Reflective 765 43 Pavement Markings 832 48 Tape, Marking and Reflective Adhesive 968 61 Pavement Marking Surfaces Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier’s name from the City of Fort Collins’ bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) 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 Service Provider. 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 bid 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. Service Providers 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. 9629 Pavement Markings On-Call Services 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. Public Record: 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. Bids may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this Invitation to Bid will be public information. New Service Providers: The City requires new Service Providers 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 Service Provider Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Service Provider Reference Documents. Please do not submit with your bid. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul – Purchasing Director 9629 Pavement Markings On-Call Services CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins is requesting bids for supplemental pavement markings on-call services. These services would be utilized when the City of Fort Collins staff does not have the capacity to self-perform the work items listed in the bid schedule. Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time. • Bid issuance: July 27, 2022 • Question deadline: 3:00 PM MST on August 10, 2022 • Bid Opening Date: 3:00 MST (our clock) on August 17, 2022 • Award of Contract (tentative): Week of August 22, 2022 Method of Award At the City’s sole discretion the City may elect to award a contract to one or multiple Service Providers. In the event the City awards to multiple Service Providers purchase orders for services will be based primarily on price and lead time. Agreement The awarded Service Provider will receive a Purchase Order from the City authorizing work under this Agreement. Service Provider should not begin any Work prior to receipt of the Purchase Order. The awarded Service Provider is also expected to sign the City’s standard Services Agreement, a sample of which is attached (Attachment 1). The Agreement will be effective for a period of one year. At the option of the City, the Agreement may be extended for up to an additional four (4) one-year periods. Renewals and pricing changes shall only be negotiated and agreed to by both parties at least thirty (30) days prior to Agreement expiration. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to the Agreement expiration date. Specifications All Work shall be subject to the Specifications attached hereto and incorporated by reference. Invoices & Payments Invoices for services should be emailed upon completion of the Work, or as otherwise specified in the Agreement, to invoices@fcgov.com. The cost of the work completed shall be paid to the Service Provider on Net 30 terms following the submittal of a correct invoice by the Service Provider indicating the Purchase Order number, project name, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task (if applicable), 3rd party supporting documentation with the same detail (if applicable) and a brief progress report (if applicable). 9629 Pavement Markings On-Call Services Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations The Service Provider agrees to comply fully with all applicable State of Colorado and Federal laws and regulations and municipal ordinances. Insurance Service Provider is responsible for providing the City with insurance as required in the attached Agreement. Warranty The warranty shall be in accordance with the Specification attached hereto and incorporated by reference. 9629 Pavement Markings On-Call Services CITY OF FORT COLLINS BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: • Completed Bid Submittal Form, consisting of six (6) pages, including: A. Bid Schedule B. Experience & References List, providing documentation of at least three (3) reference projects. C. List of Subcontractors to be used on project (if applicable) D. Provide Total Case Incident Rate (TRIR) for last three (3) years E. Service Provider Acknowledgement. You must completely fill out the contact information portion. Failure to submit any of the above may result in your bid being considered non-responsive. 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services SERVICE PROVIDER NAME: SUBMITTAL DATE: A. BID SCHEDULE 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services B. EXPERIENCE & REFERENCES LIST PROJECT #1 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services PROJECT #2 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services PROJECT #3 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: PLEASE NOTE: THE CITY RESERVES THE RIGHT TO REQUEST AND CONTACT ADDITIONAL REFERENCES. 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services C. SCHEDULE OF SUBCONTRACTORS Please list all subcontractors and their corresponding Work items in the space below. If not applicable, please note “N/A”. ITEM SUBCONTRACTOR D. PROVIDE TRIR FOR LAST THREE (3) YEARS 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services D. ACKNOWLEDGEMENT Service Provider hereby acknowledges receipt of the City of Fort Collins Invitation to Bid and acknowledges that it has read and agrees to be fully bound by all the terms, conditions and other provisions set forth in the Bid. Additionally, Service Provider hereby makes the following representations to City: a. In compliance with your Invitation to Bid 9629 Pavement Marking On-Call Services and subject to all conditions thereof, the undersigned is authorized to do business in the State of Colorado and hereby proposes to furnish and/or perform the services set forth in the Scope of Work and Specifications, including all items listed on the Bid Schedule. Service Provider commits that it is able to meet the terms set forth in the Invitation to Bid, and further acknowledges familiarity with all aspects of the project affecting the cost of the work to be performed. b. The undersigned does hereby declare and stipulate that this bid proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same Work. c. This bid proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next lowest bidder. f. Service Provider acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services SPECIFICATIONS CITY OF FORT COLLINS TRAFFIC MARKINGS STANDARD SPECIFICATIONS PART 1 – GENERAL A. 1.1 DESCRIPTION A. The WORK under this Section includes providing all labor, materials, tools and equipment necessary for furnishing and placing painted and Thermoplastic traffic markings in accordance with these specifications and as shown on construction drawings and under direction of the Traffic Engineer or designee in case of any discrepancy’s in the construction drawing B. Traffic Markings shall be in conformity with the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and the directions of the City of Fort Collins Traffic Engineer. C. This WORK shall also include repair of all traffic markings to their original conditions, if damaged by the CONTRACTOR’s operations. This includes damage resulting from track out. PART 2 – PRODUCTS B. 2.1 MATERIAL All products must be purchased from the Colorado State DOT Approved Products List (APL) and must meet the same size and dimensions as used by the City of Fort Collins Operations. A. White and yellow traffic longitudinal lane markings shall be High Build Acrylic Waterborne Paint B. All other markings including parking stall lines and hash marks shall be 90 mil no preheat thermoplastic, unless maintenance markings are being done on existing painted markings or new or existing red curb markings. All painted marking shall be CDOT Specification High Build Acrylic Waterborne Paint with Colorado DOT specification glass beads also known as P40S+ glass beads no glass beads are required on red markings. C. All Thermoplastic applied to Portland cement concrete shall have a 1 ½ -3-inch black contrast border depending on width of line and letters. D. Glass spheres for reflectorizing traffic paint shall conform to Colorado DOT specification glass beads also known as P40S+ glass beads PART 3 – EXECUTION 3.1 GENERAL A. Lines shall be applied as solid, dashed, or dotted stripes either singly or in combination, as shown on the drawings. Dashed lines shall be applied in a 40 foot cycle consisting of a 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services ten-foot dash and a 30-foot gap between dashes, unless otherwise shown on the drawings. A dotted line for line extensions within an intersection or taper area shall consist of 2-foot line segments and 4 foot gaps. A dotted line used as a lane line shall consist of 3-foot line segments and 9-foot gaps. The CONTRACTOR shall use an accurate dashing mechanism, which is capable of being easily adjusted to retrace existing dashed markings or to apply new materials at the correct spacing. Dashed lines which are to be applied over plainly visible existing dashed lines shall begin within six inches of the beginning of the existing dash, unless otherwise directed by the Traffic Engineer. B. Pavement markings shall be free of uneven edges, overspray, or other readily visible defects which detract from the appearance or function of the pavement markings. C. Lines shall be sharp, well defined, and uniformly retroreflective. The width of the applied shall be the width specified plus or minus ¼-inch. Fuzzy lines, excessive overspray, or non-uniform applications are unacceptable. Lines shall be inspected by the Traffic Engineer or designee with a retro reflectometer to verify effective retro reflectivity. Initial retro reflectivity for lane lines shall be White – 300 mcd. Yellow – 200 mcd. D. Pavement markings which are improperly applied, located, or reflectorized shall be corrected. Lines applied with insufficient material quantities shall be properly reapplied. Improperly located lines shall be removed. New lines shall then be applied in the correct locations at the CONTRACTOR’s expense, including the furnishing of approved materials. E. Methods and equipment used for pavement preparation, marking removal shall be subject to the approval of the Traffic Engineer. Glass beads shall be kept dry during storage and prior to use. F. Other construction work such as shoulder paving, topsoil placement, grading, and seeding shall be scheduled and performed in a manner to avoid damage to applied pavement markings. 3.2 PAVEMENT PREPRARATION A. The CONTRACTOR shall clean all visible loose or foreign material from the surface to be marked. The pavement marking equipment shall be equipped with an air jet to remove all debris from the pavement in advance of the applicator gun. The air jet shall operate when marking material is being applied and be synchronized with marking material application. B. Pavement markings shall be applied only when the surface is clean and dry and free of any de-icing agents. The CONTRACTOR shall power broom or pressure wash all surfaces where lines are to be applied if the area is dirty or covered by de-icing material. C. Marking shall not be applied to Portland cement concrete until the concrete in the areas to be marked is clean of membrane curing material and is dry. All Thermoplastic placed on Portland cement concrete shall be lightly ground or pressure washed to expose virgin concrete. An approved sealer must also be applied before installing the Thermoplastic material. 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services D. All Thermoplastic material other than white shall use an approved sealer according to the manufacturer. E. CONTRACTOR shall conform to all City of Fort Collins environmental standards. 3.3 LAYOUT AND PREMARKING A. The CONTRACTOR shall lay out the locations of all lines, words and other symbols to assure their proper placement. The layout and pre-marking lines shall be approved by the Traffic Engineer or designee before marking operations are started. When applying longitudinal or transverse lines, the CONTRACTOR shall use existing lines, construction joints or pre-marking to guide the marking equipment. B. Pre-marking shall be located from survey data or reference points and offset to parallel the theoretical edge of the marking lines at a maximum distance of one inch. Templates are required for the layout of arrows, words and other symbols. Pre-marking for longitudinal lines shall be placed at a minimum of 40-foot intervals, and shall not exceed two inches in width or 12 inches in length. Pre-marking for auxiliary markings shall be located as shown on the drawings or schematic forms provided by the Traffic Engineer. 3.4 LINE PLACEMENT TOLERANCE A. Pavement marking lines shall be straight or smoothly curved, true to the alignment of the pavement, and shall not deviate laterally from the proper location at a rate of more than two inches in 100 feet. No deviation greater than three inches will be permitted. Red curb markings shall be installed using a shield to decrease the overspray on sidewalks, pans and foliage. 3.5 LINE TYPES A. Painted marking materials shall be applied to achieve a 22-mil minimum wet thickness and be uniformly retroreflective. The minimum rate of application for broken traffic stripes shall be prorated. Proof of proper rates shall be readily available either by a tank stab or computer-generated report accompanied by a recent calibration of the machine. Mil thickness may be checked manually with a wet film thickness gauge anytime during the operation. All Thermoplastic markings shall be chisel tested per the manufacturers recommended procedure to assure the markings are properly melted and bonded to the surface. All leading edges of Thermoplastic markings shall be feathered to reduce damage from snow plow operations. B. Bike lanes and edge lines shall be continuous stripes, six inches in width. Center of stripe shall be located as shown on the Drawings. C. Lane lines shall be four-inch-wide white stripes between contiguous lanes of pavement carrying traffic in the same direction. They shall be dashed unless specified solid. They shall be offset to the left of the longitudinal joint, if present, or the theoretical line lying between contiguous lanes, if a joint is not present. The nearer edge of the stripe shall be two inches to the left of the joint or line. D. Centerlines shall be single or double yellow stripes between contiguous lanes of 9629 Pavement Markings On-Call Services BID SUBMITTAL FORM 9629 Pavement Markings On-Call Services pavement carrying traffic in opposite directions. Centerline marking shall also include two way left-turn lane striping and the outline of left-turn island. Each stripe shall be four inches wide, solid or dashed. E. Channelizing lines shall be continuous white stripes, eight inches wide. F. Stop lines shall be solid white stripes, 24-inches wide at Rail Road Crossings. 18-inch solid white stripes may be used in other areas. Crosswalk lines shall be sold white stripes, 18 inches wide x12 feet long. G. Parking lot stall marking lines shall be continuous white 90 mil thermoplastic stripes, four inches in width. H. Lane arrows and letters shall be white 90 mil Thermoplastic markings. I. Dotted lines for line extensions within an intersection shall be 8” 90 mil white Thermoplastic markings 3.6 EQUIPMENT AND APPLICATION OF PAINTED TRAFFIC MARKINGS A. The markings shall be applied by machine methods acceptable to the Traffic Engineer. The paint machine shall be of the spray type capable of satisfactorily applying the paint under pressure with uniformity of feed through nozzles spraying directly upon the pavement. Each machine shall be capable of applying two separate stripes, either solid or skip, at the same time. Each paint tank shall be equipped with a mechanical agitator. Each nozzle shall be equipped with satisfactory cutoff valves which will apply broken or skip lines automatically. Each nozzle shall have a mechanical bead dispenser that will operate simultaneously with the spray nozzle and distribute the beads in a uniform pattern at the rate specified. Each nozzle shall also be equipped with suitable line guides consisting of metallic shrouds or air blasts. B. The paint shall be thoroughly mixed prior to application, and shall be applied when the air temperature is above 50 F and rising, to a clean and dry surface C. Glass beads shall be applied at a minimum rate of 8 pounds of beads for each gallon of paint. D. The painted area shall be protected from traffic until the paint is thoroughly dry. 3.7 REMOVAL OF PAVEMENT MARKINGS A. When indicated on the Drawings, pavement markings shall be removed. The markings shall be removed by high-pressure water blast, sand blast, fine line grinding, or other methods with the approval of the Traffic Engineer. Care shall be exercised during marking removal not to scar, discolor or otherwise damage the pavement surface. Overpainting or other methods of covering markings in lieu of removal shall not be permitted unless otherwise determined by the Traffic Engineer. 3.8 WARRANTY OF PAVEMENT MARKINGS 9629 Pavement Markings On-Call Services A. All Thermoplastic material shall have a warranty of two years from the date of installation and be free of any workmanship or material defects during the period. All marking shall be repaired or replaced to the Traffic Engineer’s satisfaction if defective during this period at the CONTRACTORS expense. B. All painted lines shall have a 6-month warranty and must have a minimum retro-reflectivity reading of 50 mcd at the end of the period. All painted lines shall be repaired or replaced to the Traffic Engineer’s satisfaction if defective during this period at the CONTRACTORS expense. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 15 of 30 ATTACHMENT 1 SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 9629 Pavement Markings On-Call Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of ( ) page(s)and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of ( ) page(s) and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 16 of 30 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence , 2022, and shall continue in full force and effect until , 2022, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. 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 ten (10) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) 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 immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Attn: email City of Fort Collins Attn: Rich Brewbaker PO Box 580 Fort Collins, CO 80522 rbrewbaker@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 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. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 17 of 30 8. Payments. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders 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. 13. Personal Services. It is understood that the City enters into the Agreement based on the Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type Page 18 of 30 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. 14. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 15. 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. Term of the warranty is in accordance with the Specification attached hereto and incorporated by reference. 16. 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. 17. 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 themselves 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. 18. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 19. Indemnity/Insurance. Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services 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 ( ) page(s), attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing@fcgov.com or 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. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. Utilization 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. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 22. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors at every tier. 23. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 24. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 25. 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 ( ) page(s), attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: Date: Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 9629 Pavement Markings On-Call Services MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Rich Brewbaker, Project Manager REVIEWED: Date: Adam Hill, Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Rich Brewbaker, Project Manager REVIEWED: Date: Adam Hill, Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services EXHIBIT C SPECIFICATIONS Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services EXHIBIT (BID SCHEDULE/COMPENSATION) The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services EXHIBIT INSURANCE REQUIREMENTS 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. 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. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 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 by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. 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. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such 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 Automobile Liability, 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. Official Purchasing Document Last updated 10/2017 9629 Pavement Markings On-Call Services 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.