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HomeMy WebLinkAbout105396 TRAFFIC MASTERS - CONTRACT - BID - 5276 TRAFFIC CONTROL (2)SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Traffic Masters Inc , 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 Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eight (8) pages, and incorporated herein by this reference 2 Contract Period This Agreement shall commence upon signing, and shall continue in full force and effect until May 15, 1999, 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 Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 3 Delav If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4 Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said SA 10/97 1 f Date and time traffic control devices were placed g Clearly printed name and signature of City personnel responsible for accepting devices at job site If City personnel are not at the job site, a signature of responsible City person shall be obtained within 24 hours In no case will traffic control invoices be paid for unsigned or altered logs h All modifications made, to include moving devices, adding additional devices, taking devices away The City personnel requesting each modification shall also be identified I Date and time of request for removal t Date and time traffic control devices are to be removed k Name and department making request for removal I Date and time traffic control devices are removed m Name of person making log entries n T C S and flagger hours o A tabulation/spreadsheet showing daily quantities may be required by some Project Managers for protects longer than 2 calendar day duration This sheet shall be signed by the TCS and City Representative and shall be writing A permanent log for each weekend and after -hour service call will be maintained and submitted with monthly billings The service call log shall contain the following information a Date and time of service call b Location c Name of person performing the call d Services performed (i e , barricade lights checked, light changed, cones replaced, cones straightened, etc ) e T C S and flagger hours Invoices shall contain information items c, d, e, f, g, h, I, j, and o from the log sheets in legible form Separate invoices by protect shall be provided All invoices and log sheets shall be sent by the Contractor, in duplicate, to the Accounting department or to the Department of the City Invoices not containing all required information will be returned to the Contractor and not paid until completed Questions regarding invoices shall be answered promptly and professionally The Contractor shall respond to individual replies as required Departments which request additional information on their invoice forms All billing problems will be brought to the attention of the accounting staff immediately upon discovery All bills shall be submitted within 15 days after notification to pickup traffic control devices For protects lasting longer then 30 days, bills will be submitted every 30 days and within 15 days of the end of the 30 day period Bills not submitted within 15 days will incur a penalty of 15% of the invoice total unless the Protect Manager, in his discretion, determines that the delay was caused by circumstances beyond the control of the Contractor Bills not submitted within 30 days will incur a penalty of 30% of the invoice total unless the Protect Manager, in his discretion, determines that the delay was caused by circumstances beyond the control of the Contractor Payment will be made within 30 days after verification of billing charges Section K Contractor Responsibility for Work The Contractor shall be responsible for all damages, loss or injuries that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work The Contractor is to place all traffic control devices to meet or exceed the standards set forth in the most current City of Fort Collins Work Area Traffic Control Handbook The Contractor shall not be expected to compromise this responsibility The Contractor should contact the City Traffic Control Manager if such an occasion should occur The Contractor shall furnish sufficient Traffic Control Supervisors, flag people and working personnel capable of promptly accomplishing all service requests according to the terms of this contract The Contractor's employees shall conduct themselves in a proper and efficient manner while performing services for the City of Fort Collins The City reserves the right to reject personnel for cause, and the Contractor shall replace these individuals promptly at the City's request Section L Monthly Report Upon request the contractor shall provide monthly written reports of the total number of calls received per day, as well as the general nature of the calls, i e , number of barricades placed, location and when removed Section M Insurance Coverage During the term of this contract, insurance coverage in the amount of $500,000 combined single limit, bodily injury and property damage shall be maintained by the Contractor, see Exhibit B A certificate of insurance providing such coverage shall be presented to the City at the time the Services Agreement is signed by the Contractor Section N Termination This Contract and all associated purchase orders may be terminated by the City, upon fifteen (15) days written notice The City shall have the ability to bid traffic control for any selected protects separately, if it is in the City's interest Section O Pricing Structure The cost for setting up equipment, modifying equipment, and maintaining equipment during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor per day and per hour The cost for Traffic Control Devices, shall include delivery, rental, and pickup The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the contract unit price for TCS as described above If a TCS(s) is used for an authorized day(a day is 10 hours), but not for the entire day, the TCS(s) shall be paid at the contract unit price for "Traffic Control Supervisor" at the per hour rate The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized Hours of flagging in excess of those authorized shall be at the Contractor's expense Flagger breaks shall be included in the Contract Unit Price for Flagging The method for covering flagger breaks shall be approved by the City Representative Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized Flagger stand-by time will not be paid In locations where traffic control is set up and the work is not performed due to Traffic Control Contractor caused delays, the traffic control shall not be paid for under the terms of this contract The costs for advance warning "NO PARKING' signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the City in writing In addition, the Owner shall deduct from compensation due the Contractor $10 00 for each traffic control device per day, including "NO PARKING' signs, for said conditions Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work All construction traffic control devices which are not permanently incorporated into the protect will remain the property of the Contractor Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day The accepted quantities will be paid for at the contract unit price for each of the pay items listed in the Bid Schedules The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost far Size A or Size B sign This item shall apply to new signs only Once manufactured, they maybe used throughout the protect Upon completion of the work, the Specialty Signs shall be returned to the Contractor Flagger hand signs will not be measured and paid for separately, but shall be included in the work The flaggers shall be provided with electronic communication devices when required These devices will not be measured and paid for separately, but shall be included in the work The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item Sand bags will not be measured and paid for separately, but shall be included in the work The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved, however, payment will be made for the typical panel size The City shall not be responsible for any losses or damage due to theft or vandalism Section P Liouidated Damages Liquidated damages at an hourly rate of $200/hour, may be assessed and back billed to the Contractor as stated in Section D for downtime incurred due to negligence of the Contractor in placement of traffic control devices resulting in shut -down of job sites Material shall be removed from City right-of-way within 24 hours City dispatch logs will be used to confirm proper removal and pick-up time frames are met, failure to conform can result in back charging of daily rental rates per day for each device remaining after notification It shall be recognized by and between the parties hereto that the City will suffer certain unspecified damages in the event service is not provided in accordance with the terms of the proposal, and the signed Services Agreement In recognition of the difficulty of ascertaining the actual damages to be sustained by the City, the parties shall agree that the assessment of liquidated damages shall be appropriate In the event the protect is not u j completed within the specified time, there shall be assessed against the Contractor, and the Contractor shall authorize the City to retain from monies due the Contractor, based on the following schedule 1 If the Contractor fails to respond to service requests within two (2) hours for all locations, the City will deduct $200 00 per offense from payment as liquidated damages or have the authority to call in another contractor Emergency response time shall be 30 minutes, if response time is not met the City will have the authority to call in another contractor 2 The City reserves the right to assess liquidated damages in the amount of $10 00 per day for each day per each barricade when barricades are not removed after notification as set forth in Section C of Exhibit A In no event shall liquidated damages exceed the sum of Five Thousand Dollars ($5,000 00) during the term of this Agreement EXHIBIT B 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, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement 1 Workers' Compensation insurance with statutory limits as required by Colorado law 2 Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage 'In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SA 10/97 UJIM AI 11.011.a( Lliy of furl Latrtna-i to Diu � , I-- . 1y _, .—. .... . ..- EXHIBIT C E, Bid Schedule " A " Contractor to provide all service, manpower and equipment Traffic Control Supervisor (at lob site) Traffic Control Supervisor (at fob site) Flag Person with paddle Flag Person with paddle 36" Reflectorized Tube Vertical Panel without light Type I Barricade without light Type II Barricade without light Type III Barricade without lights Light- Steady Burn Light - Flashing Barrels Size A Sign with stand Size A Sign without stand Size B Sign with stand Size B Sign without stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufacturing Specialty Sign Size B-Cost of Manufacturing 28" Cone with reflective strip 36" Cone with reflective strip Safety Fence Light - Steady Burn Light - Flashing Arrow Board Type IV Barrier -Jersey Barrier Size A Signs - 0 01 to 9 00 Square Feet Size B Signs - 9 01 to 16 00 Square Feet $ 3n.nn per hour $ 4nn.noper day $ i F nn per hour $ 160.nn perday $ F a per day per unit $ :7 FF per day per unit $ -7F per day per unit $ iF per day per unit $ . S n per day per unit $ 3 per day per each $ .33 per day per each $ - Ca per day per unit $ 1 _ ? s per day per set $ 1 . 0 R per day per set $ 1 , 4 2 per day per set $ 1 . 2 5 per day per set $ 1 . 2 5 per day per unit $ 6 5 . 21 per sign $ 08 per sign $ 59 per day per cone $ .69 per day per cone $ 4 . 6 2 per day per roll $ .33 per day per unit $ .33 per day per unit $ -r n F z per day per unit $ 1 n . p p per day per unit Specialty Signs - The initial manufacturing will be paid for per the unit cost for specialty signs and the rental rate paid per the appropriate rental rate F1rmName Traffic Masters Inc. Bid Schedule " B " Rental including Delivery and Pickup Only 03/19/90 14:86:55 City of Fort Collins-> 970 Z21 34B8 City of Fort Collins Page B07 Flag Person with paddle Flag Person with paddle 36" Reflectorized Tube Vertical Panel without light Type I Barricade without light Type II Barricade without fight Type III Barricade without lights Light - Steady Burn Light - Flashing Barrels Size A Sign with stand Size A Sign without stand Size B Sign with stand Size B Sign without stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufacturing Specialty Sign Size B-Cost of Manufactunng 28" Cone with reflective strip 36" Cone with reflective strip Hand Paddle with 5' Handle Safety Fence Light - Steady Burn Light- Flashing Arrow Board Firm Name Traffic Masters Inc. Bid Schedule "C" Rental Only - Picked up and returned by City Personal Flag Person with paddle Flag Person with paddle 36" Reflectorized Tube $ i F n a per hour $ 1 60 . n0 per day $ a F per day per unit $ q 6 per day per unit $ 96 per day per unit $g 6 per day per unit $ ; - 0 0 per day per unit $ 7 n per day per each $ -7 n per day per each $ 1 5 nn per day per unit $ 7 _ n n per day per set $ r n S per day per set $ 7 _ 7 `; per day per set $ 7 - no per day per set $ � ? S per day per unit $ 7 5 . 71 per sign $_86,08 per sign $ .86 per day per cone $ g 6 per day per cone $ r; n per day per unit $ 6 .9n per day per roll $ . 7 0 per day per unit $ .70 per day per unit $ i nn _ no per day per unit $ 16.00 perhour $ 160.00 per day $ . R a per day per unit 0J/101M 11•11f-J7 L 1VJ or rar`L Lot 11 ns-/ J r u LLl ] uu U a i.v Ui i w a uu a s uea a uy., uUu Vertical Panel without light Type I Barricade without light Type II Barricade without light Type III Barricade without lights Light - Steady Burn Light - Flashing Barrels Size A Sign with stand Size A Sign without stand Size B Sign with stand Size B Sign without stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufacturing Specialty Sign Size B-Cost of Manufacturing 28' Cone with reflective strip 36" Cone with reflective strip Hand Paddle with 5' Handle Safety Fen,;e Light - Steady Burn Light - Flashing Arrow Board Firm Name Traffic Masters Inc. $ .86 per day per unit $ .86 per day per unit $ 86 per day per unit $ q , 5n per day per unit $ per day per each $ .5(), per day per each $ 1 , 4 n per day per unit $ 1 .75 per day per set $ 1 . 5 0 per day per set $ 2 . 00 per day per set $ 1 . 7 5 per day per set per day per unit $ F 9 . Q P per sign $ 7 F n R per sign $ 86 per day per cone $ .96 per day per cone $ 2 _ r n per day per unit $ 5.50 per day per roll $ F n per day per unit $ 5 0 per day per unit $ P S n n per day per unit AWARD BID TAB Bid Schedule" A" (Contractor to provide all service ,manpower and equipment) Description Price/Unit Quantity Total Traffic Control Supervisor (at job site) $ 3 0 . 0 (tier hour 270 $ 8 , 100 . 00 Traffic Control Supervisor (at job site) $tea.-_a(perday 3 $ onr] 00 Flag Person with paddle $ 1 F n (iper hour 220 $ P 00 Flag Person with paddle $ 1 F n_ n ®er day 3 $ 4 R n- 56 Vertical Panel without light $ . 76 per day per unit 191 $ 149 16 Type I Barricade without light $ . 7 6 per day per unit 181 $ 1 'i 7 - 56 Type Ill 8amcade without tights $ 9 _ 5 n per day per unit 25 $ R 7 _ 50 Lignt - Steady Burn $ R'3 per day per each 50 $ 1 6 - 50 Light - Flashing $ . 9 3 per day per each 150 $ 49.5 0 Barrels S 1_ n R per day per unit 75 S R 1_ n n Size A Sign with stand $ 1 . ? S per day per set 90 $1 1 2 - 9 0 Sze A Sign without stand $ 1 _ n A per day per set 10 s 1 n 8D Size B Sign with stand $ 1 a ? per day per set 10 $_ 1 Z ..? No Parking Sign with stand S 1 ? F per day per unit 200 5-2��-wn n Specialty Sign Size A -Cost of Manufac $ 65 . 21 per sign 5 $,R ? F - n 5 28" Cone with reflective strip $ . 9 q per day per cone 285 S 1 F R 1 S 36'Cone with reflective strip $ . 60 per day per cone 100 s Fg - n n Safety Fence $ 4 . 62 per day per roll 10 $ 4 F _ ? 0 Arrow Board s 7 n. 64 per day per unit 3 $ 9 1 1 _ q? Type IV Barrier -Jersey Barrier $ 1 n _ R R per day per unit 50 $� /14 Q Bid Schedule " B " Rental including Delivery and Pickup Only Flag Person with paddle Flag Person with paddle 36' Reflectoreed Tube Vertical Panel without light Type I Barricade without light Type II Barricade without light Type III Barricade without lights Light - Steady Burn Light. Flashing Barrels See A Sign with stand See B Sign with stand See B Sign without stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufacturing 28" Cone with reflective strip 36" Cone with reflective strip Hand Paddle with 5' Handle Safety Fence Arrow Board SUB -TOTAL SCHEDULE'W Pnce/Unit S 1 F _ n(ber hour $ 1 F n _ In foer day $ _ q F per day per unit $ - qF per day per unit S _ q F per day per unit $ q r per day per unit S n n per day per unit $ "7 n per day per each $ .70 per day per each s 1 .90 per day per unit s ; Q per day per set s ? _ ? F per day per set $ ? n n per day per set $ ? . ? 9 per day per unit $7 9 _ ? 1 per sign $2, per day per cone $ per day per cone S if�perdayperunit $per day per roll $ per day per Unit Bid Schedule "C" Rental Only - Picked up and returned by City Personal Quantity Total 100 3 100 ISO 95 40 10 50 150 75 80 10 5 100 5 100 50 3 18 2 $15,270.04 si.6nn 00 s 480.00 $ 95.00 s 153.60 $---al . 20 $ 88.40 $ 5500..00 $— 105.00 $ 17.00 $ 1Fn.00 $ ??.50 $ n,00 s ??5-n0 $ 876.05 $__86 D0 $ LUU•UB SUB -TOTAL SCHEDULE "B" s4,016. 7 5 Price/Unit Quantity Total Flag Person with paddle s 16.0(�er hour 30 $480.00 Flag Person with paddle $_Z_6_Q__Q�per day 2 $ Vertical Panel without fight $ _ R F per day per unit 135 $ 1 1 F n n Type I Barricade without light $�gg per day per unit 70 $ F n or) Type III Barricade without lights S 50 per day per unit 10 $_ 45 - U Light - Steady Burn $ c per day per each 30 $ : S . U U Light - Flashing $ per day per each 180 $9 0 . 0 0 Size A Sign with stand S 1 . 7 5 per day per set 35 $ F 1 2 See B Sign with stand $ 2 . 0 0 per day per set 12 $ ? a n n Size B Sign without stand $ is per day per set 4 $ 7 - 0 n UJ/IU/yN 19.i7y.1! Lrty of tort LO1l1riS—� Ira a4i.3Y00 ULL!y �� ��� �-� �• .�y� ��� No Parking Sign with stand $ ? () n per day per unit 75 $ 1 S n _ () n Specialty Sign Size A -Cost of Manufacturing $ 6 S. 21 per sign 5 $ 3 2 6. 0 5 Specialty Sign Size B-Cost of Manufacturing $ 76 08 per sign 5 $ 4 9 n- 4 0 28" Cone with reflective strip $ _ R F, per day per cone 75 $ 6 HanO Paddle with 5' Handle $ 2 50 per day per unit $ $�i.0 Safety Fence $ S ti n per day per roll 18 $ 9 99 00 �0 Arrow Board $ R S no per day per unit 5 $ 4 9 S n n SUB -TOTAL SCHEDULE "C" $ 7 _F, 7 t 0 0 SUB -TOTAL SCHEDULE "A" $ 15 , 2 7 0 . 04 SUB -TOTAL SCHEDULE "B" $ 4,016.75 nn� IC(77n7A1 C 21,957.79 dent Traffic Mastery Tnc. (Q70)- 221-3440 Company Name Telephone Number (Area Code) 2832 East Mulberry,Fort Collins, CO 80524 04/06/98 Address (Street, PO Box, City, State, Zip) Date 7 notice unless otherwise agreed in writing by the parties All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses City City of Ft Collins, Purchasing 256 W Mountain Ave Ft Collins, CO 80521 Service Provider Traffic Masters, Inc 2832 E Mulberry Ft Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination 5 Contract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, Per the Cost Breakdown which is attached as Exhibit "C" 6 City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 7 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 8 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City 9 Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall SA 10/97 2 vvvit'v. ,CERTIFI TE,OF-IN$URA'RQ-E. '. 04/f03/98 PAODUCER THIS CERTIFICATE 7S ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 211 First Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Eaton, CO 80615 COMPANIES AFFORDING COVERAGE COMPANY AEMC Insurance Company INOVRED Traffic Masters, Inc. COMPANY BITT Hartford Insurance 1313 BLUE SPRUCE DRIVE SUITE A Fort Collins, CO BOS24 COMPANY CBUSINESS INSURANCE COMPANY (FAX #970-221-3480) COMPANY D THIS I$ TO CERTIFY THAT THE POLICILS OF IN$VRANOE�LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO, NOTWITHSTANDING ANY nEOUB1EMENT, 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 TYPEOFINBURANCE POLICY NUMBER POUOYEFFEOTIYE UCYEIPIRATION L R DATE(MMIODrM OATE(MM/DD/YYI UNITS A GENERALLIABILITY IA4506798 05/09/97 05/09/98 GENERALAGOREOATE 72 000,000 X QMMEFvDALQtNehALLIAbILjTN PROOUCT6 COMPIOPAGG S2 000 000 JCLAIMS MADEL OCCU❑ PERSONALAADVINJURY $1, 000,000 CACIIOCCURRENCE WNERSACONTRACTORSPHU $1 000000 a00, 000 FIRE DAMAGE n om(Ire) MF,D E%P (Aq one Kean 85,000 B AUTOMOBILE LIABILITY BINDER134941 03/07/98 03/07/99 COMBINEDSINOLELIMIT $1, 000, 000 ANY AUTO x ALL OWNED AUTOS BOUILYINJVRY F X SCHEDULED AUTO$ (Per DWI,.) - X HIRED AUTOS BODILYINJVRY S X NON -OWNED AUTOS PorAcclOenD - PROPCRTY DAMAGE J GARAGE LIABILITY AUTOONLY EAACCIDENT i rz- ANYAUTO OTHER THAN AUTO ONLY _ S _ - - EACHACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE i _ UMBRELLA FORM AGGREGATE OTHERTHAN VNLSRELLAFOnM i C WORKERS COMPENSATION AND WC990401 06/01/97 06/01/98 STATUTORY LIMITS -_ EMPLOYERS' LIABILITY EACHACCIDENT _ 3100, 000 THE PROPRIETOR" INCL DISEASE -POLICY LIMIT $500,000_ PARTNERS/E%F-CUTIVE OFFICERS ARE X E%OL DISEASE.EAOHEMPLOYEE 100 000 OTHER DEACRIPTION OF OPERATIONSILOCATIONS/VEMICLEs"SPECIALITEMB CEATJFICATF•NOWER SHOULD ANY OF; THE ABOVE DESCRIBED POUOIEY BE CANCELLED BEFORE THE City of Fort Collins ERPSUTION DATE THEREOF. THE ISSUING OOMPANYWILLENDEAVOR TO MAIL Attn: John Stephens 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, Purchasing & Risk Management BUTFAILURETO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY P 0. Box 580 OF ANY IONS UPON THE COMPANY ITS AGENTS OR REPREWNTATIVES AUTHORIZE PRESENTATIVE Fort Collins, CO 80522 ACORD eIi� . ®AOORD PORAWON 19A3 LIA not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 10 Warranty (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 11 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 12 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himself of any other remedy at law or equity If the non - defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 13 Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between SA 10/97 3 the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 14 Indemnity/Insurance a The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property c Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 15 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 16 Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement SA 10/97 H CITY OF FORT COLLINS, COLORADO a municipal corporation By ' John Fiscbbach City Manager Date By Ja es O'Neill II, CPPO Dir or of Purchasing and Risk Management Date y 12 7S Traffic Inc ��G��G�W By / e `q z —1 T7-,JQr PRIf T NAME /Z f" i 12 T CORPORATE PRESIDENT OR VICE PRESIDENT Date 21 /3N/d/1 1y5 r ATTEST (Corporate Seal) CORPOR I-E SECRETARY SA 10/97 EXHIBIT A SCOPE OF SERVICES The Scope of Services covers the requirements for providing Traffic Control Devices and Services for the City of Fort Collins on an annual basis All of these requirements and provisions shall be incorporated in the signed Services Agreement when the bid is awarded Section A Certificates and TCS Duties All work area traffic control placed within City of Fort Collins right of way, under the terms of this contract, shall be under the direct supervision of a Traffic Control Supervisor (TCS) The TCS shall posses a current American Traffic Safety Services Association certification or a C C A Colorado Contractors Association certification as a work site traffic control supervisor this certification shall be on file with the City Valid certification card shall be presented to the City Traffic Control Manager for each person employed to perform as a TCS When new TCS's are hired their certification card must be presented and the new TCS briefed by the City Traffic Control Manager prior to putting that person on the job A TCS must be on site when traffic control devices are placed, modified and removed The hourly and daily rate charged for TCS personnel shall include a properly equipped vehicle and a cellular telephone The TCS's duties shall include, but not be limited to (1) Coordination of all traffic control related operations, including those of Subcontractors and Suppliers (2) Preparing and revising Traffic Control Plans as required (3) Direct supervision of project flaggers (4) Supervise the notification of businesses, Schools, and residents prior to construction as directed (The notification of businesses and residents may be accomplished by a representative of the TCS ) (5) Maintaining a daily traffic control log which shall become part of the City's project records (6) Inspecting traffic control devices on every calendar day for the duration of the project (7) Insuring that traffic control devices are functioning as required (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic (9) Flagging (10) Setting up traffic control devices For all street closures, the Traffic Control Company or Contractor shall be responsible for the notification of businesses and residents The notification shall consist of distributing letters indicating the nature of the work to be completed, any special instructions (i e limits on lawn watering during concrete pouring, etc ), the dates and times of the work, and the Parking and access restrictions that will apply Sample letters will be provided by City personnel Letters shall be submitted with the Traffic Control Plans for approval After approval, the letters shall be distributed a minimum of 24 hours prior to the commencement of each phase of the work (Note The time frame criteria for distributing letters is the same as for posting "NO PARKING" signs ) The cost for preparing and distributing the letters shall be included in the cost for TCS hour or day rate Please refer to City Work Area Traffic Control Handbook Time spent maintaining signs on the weekends, holidays, bad weather days, and other days shall be included in the unit prices for the equipment All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor Failure to have a TCS during placement, changes or removal or failure to have a certified Flagger shall remove all liability from the City for any adverse consequences and the City will not pay the cost of any non -certified personnel Flag people must be certified through the Colorado Department of Highways Flagger Certification Program or other City approved certification programs The Contractor must certify their employees as required by this contract without expense to the City All flag people must carry proof of certification and present it when requested by a City representative If the onsite TCS performs flagging duties the City will pay for flagging price only Section B Conformdv All traffic control devices placed in the City right of way under the terms of the contract must meet or exceed the minimum standards set forth in the most current issue of the City of Fort Collins Handbook for Traffic Control Additionally, any sign blank with signs faces on both sides must have the back sign face completely covered when in use to avoid confusion to motorists traveling in the opposite direction Company identification must not be placed on the front of traffic control devices and all identification must comply with current MUTCD regulations Section C Service Call Requirements Delivery and set-up of the traffic control devices shall occur per date and time agreed upon by contractor and City Representative for day to day type activities between the hours of 6 00 a m and 6 00 p m weekdays if a Traffic Control plan has previously been approved Delivery and set-up of traffic control devices shall occur within 2 hours for minor set-ups between the hours of 6 00a m to 6 00p m weekdays Delivery and set-up of the traffic control devices shall occur within 30 minutes in an emergency Emergency requests must be responded to immediately with personnel and equipment on site within 30 minutes of notification City personnel shall give the contractor 24 hours minimum notice for work requiring traffic control, except in the event of an emergency City personnel shall endeavor to give reasonable advance notice, even for day to day requests on minor set-ups Section D Traffic Control Plan Preparation and Approval If same Traffic Control Plan (T C P ) or a slightly modified T C P is used more than once for same set-up per job, the T C P is paid for only once at the TCS hour rate not to exceed 5 hours without prior approval The awarded Contractor will be required to prepare a traffic control plan for all projects, except emergencies lasting less than 24 hours The traffic control plans must be prepared by a certified TCS, and presented to the City's Traffic Control Manager for approval at least 24 hours, for a minor set-up, prior to set-up of devices at job site In the case of an emergency lasting longer than 24 hours, a traffic control plan will be submitted within 12 hours of the initial emergency Approval by the City Traffic Control Manager will be completed within 24 hours after plan is presented A copy of the signed, approved plan must be maintained by traffic control personnel at the job site and presented to the City representatives during set-up If, upon arrival at a job site, a City representative determines an approved traffic plan set-up is not being used, the job will be immediately stopped until the correct set-up is in place This action will result in non-payment to the Contractor for any illegal devices, delivery, set-up, modification or removal charges as further defined in the City of Fort Collins Handbook for Traffic Control associated with the job Additionally, at the discretion of the City, the Contractor can be back -charged liquidated damages incurred by City for downtime or loss of services during the stoppage of work, at a rate of $200/hour The Traffic Control Plan shall include, as a minimum, the following (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs, method, length, and time duration for lane closures, and location of flag persons (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to construction signs, vertical panel, vertical panel with light, Type I, Type II, and Type III barricades, cones, drum channeliztng devices, and advance warning flashing or sequencing arrow panel Certain traffic control devices may be used for more than one operation or phase However, all devices required for any particular phase must be detailed and tabulated for each phase (3) Number of flaggers to be used (4) Parking Restrictions to be in affect Section E Setup, Rental and Removal In no case will the responsibility for setup and modification of traffic control devices be divided between the Contractor and City Crews Either the Contractor sets up all the traffic control devices or the City Crews will setup the traffic control devices City personnel shall specify who will do the traffic control setup and modification when making the request for traffic control devices The City shall have the option of renting devices from the Contractor at the unit prices bid, and handling the traffic control internally, to include all staffing required In such cases the City shall be responsible for the traffic control plan, and any required TCS's Bid schedule "B" is for rental of devices and flaggers only Removal of traffic control devices from TRAVELED ROADWAY shall occur within 30 minutes after request is made, and no rental rates may be assessed after that point Traffic control devices shall be placed and/or stored when not in use in City right of way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles Material shall be removed from City right-of-way within 12 hours Section F Availability and Service Checks The contractor must be available for requests 24 hours per day, 7 days a week, including holidays at a Fort Collins phone number The person answering the phone must be capable of receiving messages and must notify the TCS on duty immediately Contractor must return call to City personnel within 10 minutes of receipt of request of service Response times must conform to Section C requirements While the traffic control devices are being used by the City, a TCS will perform service checks as determined by the requesting department as many times as requested, at least four times a day, twice between the hours of 7 00 A M and 5 00 P M , and twice between the hours of 5 00 P M and 7 00 A M , on residential, collector and arterial streets to insure that all traffic control devices are working properly and are positioned correctly, 7 days a week including holidays During inclement weather, ie wind, rain, snow, etc , it shall be the Contractor's responsibility to perform inspection more frequently to assure that all devises are visible and working properly A log of each service check, noting location, times and any problems encountered, must be maintained by the Contractor and a copy given to the City Department Representative monthly, or to any City Representative upon request Random checks by City representatives will be made to verify compliance to this section The cost of providing service checks shall be included in unit prices If all service checks are not preformed in accordance with these specifications equipment rental for equipment not serviced will not be paid for Section G Specifications for Devices The traffic control devices provided by the Contractor shall meet the current City of Ft Collins Traffic Control Handbook and current federal specifications for such traffic control devices as set forth in the manual on Uniform Traffic Control Devices (official, with revisions), as compiled by the Federal Highway Administration All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis Size A Signs - 0 01 to 9 00 Square Feet Size B Signs - 9 01 to 16 00 Square Feet Type III Barricades must be min 8' wide and 5' high Safety fencing shall be 48" high in 50' rolls, rigid orange 2" plastic mesh The fence shall be secured with posts or barricades with sand bags or anchorage approved by City personnel 28" cones with collars may be used on residential, collector and arterial streets 36" cones with collars may be used on any street with a posted speed limit of 40 MPH or greater Section H Loss or Damage The City will not be responsible for any damage to, or loss of traffic control devices Traffic control devices shall remain the property of the Contractor and must be clearly marked as to ownership, within the regulations set forth by the Federal Highway Administration Upon notification by the City of any need for replacement or repair, the Contractor must make such replacement or repair as needed within 30 minutes of notification City crews shall not move the traffic control devices from one location to another unless an emergency situation exists, or unless the City is renting only the devices and is handling the traffic control plan/staffing internally In the event of an emergency the City shall notify the Contractor within 24 hours after such relocation Section I Quantity The City is not obligated to take delivery of any minimum quantity of traffic control devices Section J Log and Billing Forms A permanent log for each request shall be maintained in a legible manner and will contain the following information a Date and time of request for placement b Date and time traffic control devices to be placed c Name of person and department making the request for placement d Protect name and location of traffic control devices e Quantity of each type and identification per MUTCD designation or designate as a specialty GJ