Loading...
HomeMy WebLinkAboutKWAL HOWELLS INC - CONTRACT - BID - 5458 ATHLETIC FIELD PAINTti 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 Kwal-Howells, 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 1 Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page[s], and incorporated herein by this reference 2 Contract Period This Agreement shall commence March 1, 2000, and shall continue in full force and effect until February 28, 2001, 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 two (2) 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 .I Delay If either party is prevented in whole or in part from performing its obligaticns 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 SA 10/97 1E EXHIBIT D YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1 Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as. otherwise expressly described in Section 2, below "Year 2000 Compliant" shall mean that information resources meet the following criteria a Data structures (e g , databases, data files) provide 4-digit date century recognition For example, "1996" provides date century recognition, '96" does not b Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates c Calculations and programs logic accommodate both same century and multi - century formulas and date values Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values d Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system e User interfaces (i e , screens, reports, etc ) accurately show 4 digit years f Year 2000 is correctly treated as a leap year within all calculation and calendar BE, Section 2 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement Section 3 Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement Section 4 The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contraclor's information resources or systems that are not Year 2000 Compliant 9 FEB 23 '00 12 54 17R JOLiFT EXEC OFFICES 303 373 2709 TO 19702216777 P.02i02 a 6 ACORD,H ',CERTIFIC'ATE OF LIABILITY INSURANCE DAYS IMMIDQNYI PRODUCER 617-181:3100 12/21/1999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. of Dfac,Dchusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 99 High Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A Boston AIA 02110 INSURED COMPANY KWAL HOWELLS. INC B COMPANY 3900 JOLIET STREET DENVER, CO $9239-0119 C COMPANY I D COVERAGES 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 LTA TYPE DF INSURANCE POLICY NUMBER I DATPOLICY E ( MFOWYYI PDO E I MI ON" OLICY EXPIRATION LIMITS C DENERAL LIA-LJTY RIW 7650E1 101/01/2000 01/01/2001 GENERAL AGGREGATE IS 2, COG OCO PRODUCTS COMPIOPGG 4S 2 DUO ❑pp COMMERCIAL GENE IAI, AM1117Y MADE 1x 106CUR PERSONAL 6 A0V INJURY S 2, 000, 000 EACH OCCURRENCE f 2, 000, OCO fCLAIMS NER S 6 CONTRACTOR S PROT l�wdd'I lmuryd•Vcndam FIRE DAMAGE (AY, Rn91URl I S I5G, 000 M ED EXP Any One O¢'SON S 5 00D A I AUTOMOBILE LIABILITY B;�ANY AUTO UC7EECAP582G4787TCT 01 UC'JCAP582G4081 TIL00 01/01/2000 to 1/2000 01/012001 0001/2001 1 Coll "ED SINGLE LtMT I: I'DGO. COO 13 ALL OWNED AUT05 $ SCHEDULED AUTOS UJEAP582G4775TIL00 01/012000 UCi'JCAP58_G4763T1L00 01/01!_000 T OI/OI12OOI 9 01101!_001 BODILY lNSupr (Per Pe13Dnl S BODILY INJURY HIRED AUTOS NON D W NEO AUTOS 1 IP" lCP a,,) PROPERTY DAMAGE I S I GARAGE LIABILITY I AUTO ONLY EA ACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S p —wGGKEa.TC 0 E%CEDS S LIABILITY TERRENCE i UPELL.A FORMAGGREG yERTHAN UMOPELIA FORM B $ WORKERS COMPENSATION AND EMPLOYERS LIPBILITY I— THE PROPRIETOR/ I$ INCL PARYNER5IEXEGUTIVE UC-uLB582GO56-7-00 01/01/2000 UDUILID58213471400 01/01/2000 101/0I R001 01/01/2001 X i A;TMU I° H EL EAcHALCIOENT S 1, ODD _ DOG ELDISEASE PGLICYLIMIT $ 1,000 OOG EL DISEASE EA EMPLOYEE 1,000,000 OFFICERS ARE 1 EXCL DESCRIPTION OF OPEMTIONSILOCATIONSNEMICLO,SPECIAL ITEMS WILLiAMS US INC (KWAL HOWELLS, INC) IS SELF INSURED FOR AUFOMOBTLE PHYSICAL DAMAGE COVERAGE CERTIFICATE HOLDER `CANCELLATION SHOULD ANY OF THE ABOVE UESCRIBED FOUCIES SE CANCELLEO BEFORE THE EXPIRAYION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE R THE rAYIvIENT MOLDER NAMED TO THE ILiT FAI' IO DAYS FOR \ BUT FAILURE TO MAIL BUL» NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY BUT AIL SUCH E SMALL IMPOS OF ANY MINI) UPON \ THE —COMPANY ITS AGENTS OR REPRESENT ATIVES ACORO 75S fTlR51 " AUT00 EI RE]`5Ef�T..r, 1IL " a AfhRD ('(1RPORATIr)N R9Ra ** TOTAL PAGE 02 ** 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 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 Service Provider City of Fort Collins, Purchasing 256 W Mountain Ave Ft Collins, CO 80521 Attn John Stephen, CPPB, Buyer Kwal-Howells, Inc k4,4j_ Mason St Unit A-8 3900 Solt.-t Sty4e Unit Ft Collins, CO80526 1JZZVWtAr, CO $oZ3q-3i31, 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 Option 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 requestis concerning this agreement shall be directed to the City Representative 7 independent Service provider The services to be performed by Service Provide ir 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 compensatioIn SA 10/97 2 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 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 SA 10/97 3 M 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 ever the default remains uncorrected, the party declaring default may elect to (a) terminate th Agreement and seek damages, (b) treat the Agreement as continuing and require specifi performance, or (c) avail himself of any other remedy at law or equity If the non -defaulting par] commences legal or equitable actions against the defaulting party, the defaulting party shall b liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees an costs incurred because of the default 13 Binding Effect This writing, together with the exhibits hereto, constitutes entire agreement between the parties and shall be binding upon said parties, their employees, agents and assigns and shall inure to the benefit of the respective survivors, h personal representatives, successors and assigns of said parties 14 Indemnify/Insurance a The Service Provider agrees to indemnify and harmless the City, its officers, agents and employees against and from any and all actior suits, claims, demands or liability of any character whatsoever brought or asserted for injuries or death of any person or persons, or damages to property arising out of, result from occurring in connection with the performance of any service hereunder b The Service Provider shall take all necessary precautions in performing the hereunder to prevent injury to persons and property c Without limiting any of the Service Provider's obligations hereunder, the Provider shall provide and maintain insurance coverage naming the City as an ad SA 10/97 4 f insured under this Agreement of the type and with the limits specified within Exhibit consisting of one (1) page, attached hereto and incorporated herein by this reference T Service Provider before commencing services hereunder, shall deliver to the City's Director Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 805 one copy of a certificate evidencing the insurance coverage required from an insurar company acceptable to the City 15 Entire Agreement This Agreement, along with all Exhibits and other doCUME incorporated herein, shall constitute the entire Agreement of the parties Covenants 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 interpretation, execution and enforcement of this Agreement In the event any provision of Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, holding shall not invalidate or render unenforceable any other provision of this Agreement 17 Special Provisions Special provisions or conditions relating to the services be performed pursuant' to this Agreement are set forth in Exhibit D, consisting of one (1) attached hereto and incorporated herein by this reference CITY OF FORT COLLINS, COLORADO a munt al corporation BYio�6��x- Jes B O'Neill II, CPP Director f Purchasing and Risk Management Date 2- Z- Kwal-Howells, Inc ' } By C — \V` J/-e,XAA- CLI�-; (a PRINT NAME SA 10/97 5 L CORPORATE PRESIDENT OR VICE PRESIDENT Date ATTEST (Corporate Seal) 4 0 EXHIBIT A VI SPECIFICATIONS FOR FIELD MARKING LATEX PAINT 1) GENERAL ♦ Paint to be Acrylic Modified Vinyl Flat that is recommended for temporary marking paint for use on grass, artificial turf and gravel tracks Paint is readily removable and will not be used where durability is required ♦ Paint to contain no lead and complies with EPA's voluntary 33/50 program ♦ Paint must be able to be applied by brush, roller, conventional or airless sprayer ♦ Paint to be set to touch within 30 minutes and thoroughly dry within 1 hour ♦ Clean up must be with water only or water with soap ♦ Paint must not be allowed to freeze ♦ The specification shall be considered a minimum specification ♦ Minimum ingredient (or approved equal) specification is 1 Water 45-<60 weight percent Calcium Carbonate 10-<20 weight percent Titanium Dioxide 10-<20 weight percent Propylene Glycol 1-<5 weight percent Crystalline Silica -Quartz 1-<5 weight percent Approved equal 2 (+or- 2%) Pigment 47% T102 10 % Carbonate 37% Vehicle 53% 2) ORDERING and DELIVERY REQUIREMENTS ♦ Awarded vendor must deliver paint only when ordered by an agency and in quantities specified ♦ Minimum paint ordered may be 10 (ten) gallons ♦ Paint must be delivered in 5 gallon container ♦ Delivery must be within 48 hours ARO ♦ Awarded vendor must provide MSDS to each agency prior to paint delivery 14 2 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 Workers' Compensation insurance with statutory limits as required by Colorado 2 Employer's Liability insurance with limits of $100,000 per accident, $500,000 aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during thei 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 EXHIBIT C VII ESTIMATED QUANTITIES AND BID FORM THE QUANTITIES ARE ESTIMATES ONLY AWARD WILL BE BASED ON LOWEST, RESPONSIVE AND RESPONSIBLE PRICE PER GALLON QUANTITY 7C OLOR PRICE PER GALLON 16000 GALLONS I WHITE Kwal-Howells Paint #5100 $ 2 78 400 GALLONS L YELLOW, RED, GREEN, BLUE, ORANGE Kwa1-Howells Paint # $ 7.49 550 SIGNATURE PAGE The undersigned Bidder, having examined these documents, and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that he will fulfill the obligations contained herein in accordance with all terms, conditions, and specifications set forth, and that he will furnish all required products and pay all incidental costs in strict conformity with these documents, for the stated prices as payment in full Submitting Firm Kwal-Howells, Inc. (Corporation' DBA, Partnership, LLC, or PC?) Address 4637 South Mason street, Unit A-8 Ft. Collins, CC 80526 Telephone Number (970) 226-0891 Name of Agent (print/type) Title Authorized Signature Date Attest Mike Fortuna -to Sa}es Representative Tom Stemple VP Sales My Commission Expires My C;ammiesnn FxniraG 03/' 5/2003 CORPORATE SEAL 15