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HomeMy WebLinkAboutCONTRACT - BID - 9629 PAVEMENT MARKINGS ON-CALL SERVICES Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 1 of 17 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 LOVELAND BARRICADE LLC 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 one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amo unt 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 Ninety-Five Thousand Dollars and Zero Cents $95,000.00. The specifications for these services is attached hereto as Exhibit C, consisting of five (5) pages, 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 one (1) page 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. 3. Time of Commencement and Completion of Services. The services to be performed DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 2 of 17 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 September 1, 2022 and shall continue in full force and effect until August 31, 2023, 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: Loveland Barricade LLC Attn: Joseph Brandt 4335 Ward Avenue Loveland, CO 80538 joe@lovelandbarricade.com 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. DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 3 of 17 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 D, consisting of one (1) page, 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 special abilities of the Service Provider and that this Agreement shall be considered as an DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 4 of 17 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. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 5 of 17 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 E, 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, 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 origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 6 of 17 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 F - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 7 of 17 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: LOVELAND BARRICADE LLC By: Printed: Title: Date: DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Estimator Joseph Brandt 9/27/2022 Assistant City Attorney 9/29/2022 City Clerk Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 8 of 17 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND LOVELAND BARRICADE LLC WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 9629 Pavement Markings On-Call Services MASTER AGREEMENT EFFECTIVE DATE: September 1, 2022 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) DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 9 of 17 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: 9629 Pavement Markings On-Call Services SERVICE PROVIDER: Loveland Barricade LLC 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) DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 10 of 17 EXHIBIT C SPECIFICATIONS CITY OF FORT COLLINS TRAFFIC MARKINGS STANDARD SPECIFICATIONS PART 1 – GENERAL 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 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 DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 11 of 17 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. DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 12 of 17 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 DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 13 of 17 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 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. DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 14 of 17 3.8 WARRANTY OF PAVEMENT MARKINGS 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. C. The warranty does not include normal wear and tear. DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 15 of 17 EXHIBIT D 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. DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 16 of 17 EXHIBIT E 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. DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 Services Agreement – Work Order Type 9629 Pavement Markings On-Call Services Page 17 of 17 EXHIBIT F 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. DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Ded:5,000 10,000 Liability and Auto Liability as required by written contract. NAUTILUS INS CO City of Fort Collins, its officers, agents, and employees are included as Additional Insureds as respects General PINNACOL ASSUR TRAVELERS EXCESS & SURPLUS LINES CO EMPLOYERS MUT CAS CO BURLINGTON INS CO 2,000,000 $100,000 $1,000,000 ea/agg 01/01/22 01/01/23 1,000,000 01/01/22 4335 Ward Ave B 1,000,000 01/01/23 1-844-484-7750 01/01/22 01/01/22 1,000,000 USA 01/01/23X 2,000,000 01/01/23 X X 2,000,000 4167661 100,000 CUP8S89899022NF X Colleen Luther Loveland, CO 80538 X 66564430 66564430 17370 41190 29696 21415 1,000,000 23620 5C95497 7600 East Orchard Road, Suite 230 South X CPP202822213 720-458-5744 01/01/22 01/01/22 5,000 Holmes Murphy & Associates - CO Leased/Rented Equipment Poll/Prof Liability PO Box 580 966BG0076502 01/01/23 01/01/23 C Greenwood Village, CO 80111 X BI/PD Ded: $5,000 cluther@holmesmurphy.com X 09/13/2022 Purchase Division City of Fort Collins Y Loveland Barricade, LLC A 1,000,000 2,000,000 lvaldesco 1,000,000 5E95497 D X X B E Ded:1,000 Fort Collins, CO 80522 DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368 SUPP (10/00) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE NAME OF INSURED: Loveland Barricade, LLC 09/13/2022 DocuSign Envelope ID: 38829193-2651-4B76-BC49-C28822B67368