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HomeMy WebLinkAbout119979 QUALITY TRAFFIC CONTROL - CONTRACT - BID - 5472 SANDBLASTING ANNUALSERVICES 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 Quality Traffic Control, 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for Sandblasting. 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 amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No workorder shall exceed $50,000. 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. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services WOSA 7/98 1 EXHIBIT D 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. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $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. ACDRD CERTIFICATE OF LIABILITY DATE INSURA'NCEbQII,Tm6 PRODUCER -/ '; THIS CERTIFICATE IS ,UED AS A MATTER OF INFORMATION The Linden Co. of Northern Co. 2900 South College Avenue-#2A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 COMPANIES AFFORDING COVERAGE COMPANY A Employers Mutual TLC -Special Accounts Pnone No. 970-229-9304 FUN., 970-229-1398 INSURED COMPANY B y COMPANY r Quality Traffic Control, Inc. Mike Obester C" 216 Racquette Drive #5 Fort Collins CO 80524 COMPANY 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 CONTRACTOR 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. CO LTRC0 rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/DONY) LIMITS GENERAL LIABILITY GENERALAGGREGATE $ 1000000. X PRODUCTS - COMP/OP AGG $ 1000000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE F7X OCCUR OX69279-00 07/27/99 07/27/00 PERSONAL &ADV INJURY $ 500000 EACH OCCURRENCE s500000 OWNER'S&CONTRACTOR'S PROT FRE DAMAGE (Any one fire) $ 100000 MED EXP (Any one person) $ 5000 AUTOMOBILE LIABILITY ANV AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY, .......... EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY WCSTATU- OTH. TORV LIMITS ER EL EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE ELDISEASE- POLICY LIMIT $ OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESSPECIAL ITEMS All Locations / All Operations CERTIFICATE HOLDER CANCELLATION FTCOLLP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of FortCollins 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Purchasing Division BUT FAILURE TO MAILSUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 256 W. Mountain OF ANY KIND UPON THE COMPANY, ITS AGE N R RESENTATI Fort Collins CO 80521 AUTHORIZED REPRESENTATIVE TLC -Special Accounts ACOR 25-9 (t/93) ' A D CORFORAT(C)N 4988 Uf APR-05-2000 WED 02�16 PM Pinnacol Assurance FAX NO. 3037822210 10346 CERTIFICATE HOLDER COPY P. 01 CITY OF Fr COLLINS PURCHASING DEPf PO BOX 580 256 W MNT AVE FT COLLINS CO $0522 POLICY NUMBER: 3087822 BUSINESS LOCATION: QUALITY TRAFFIC CONTROL INC CLASSIFICATION OF OPERATION CLASS DESCRIPTION 550605 STREET/ROAD CONST COVERAGE COVERAGE RATING EFFECTIVE EXPIRES TYPE 04/01/2000 04/01/2001 EM 11 AFR-05--2000 WED 02:16 PM Pinpacol Assurance FAX NO, 3037822210 10346 P, 02 '4W "gi n";'. MIM rig, M Im 6 Mrpotucoa ONER4, I 7131S CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY Pimacol Assurance AND CONFERS NO RIGHTS UPON THE CERTIFICATE ROLDOR, THIS 720 S. Colorado Blvd CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TINE COVERAGE Suite 100, North Tower AFFORDED BY THE POLICIES pELOW. DENVER CO 80246-1939 COMPANIES AFFORDING COVERAGE rAml A Pinnuicul Assurance Wa RED MPnm QUALITY TRAFFIC CONTROL INC 216 RACQUETTE DRIVE #5 okrmvr FORT COLLINS CO 80524 C .ThIPANY D —��i mp.pit..i.. MT: 0: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW KAYE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM AND CONDITION OF ANY CONTRACT OR OTHER oocumEmT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVES REDUCIM BY PAID CLAIMS. C0 loucy mmlvl CLAIMSMADE 11 MCUR 1UA$GKALAADVWuxy AACH OCCURASNer. RAEPAMAOV,flk) run nuro ALL MM A� 01 " COMBINA0611 WDILY MIURT SCHEDULED A=$ 7A 1' HIRER AVMS I HODILY R HQN-�EDAUTW GAKnGK UADHATY ANY AVID AlMoN , 'CCmmr QTNJ TITAN A= ONLYT EACH AI nWRWATE LMMM 1— EACH VUSHce = -7 � 1- 1 r 0 K V m ENE UA AD R m WVAIDP0.L COWWA110K AND Ammovsks, "mmv WC.IrA OTHER �.ii: 1.21 IVKYL al 3097822 04101/2000 04/0112001 2L EACH ACCIDENT 000 rill maP] "Murry :LL 96RAA -POWZXmff $500.000 BLDIKIASE-AAEMR VEE 1 $I0O,ODO SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNpRbWW COVERAGE DRIIAIL 487057 CITY OF Fr COLLINS SHOULD ANY OF THE ABOVE DESCRIBrip POLICIES BE CANCELLED BEFORE TH13 PURCHASING DEFT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PO BOX $80 — DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2$6 W MNT AVE BUT FAILURE To MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR FT COLLINS CO 30522 LIABILITY OF NYJUNDUPON PAN ITSAGENTS OR RBPRES IVES, AUTHORI RBSENTA on, Pr C ........... ......... APDUUNDMSMTM, JWW U,,AA IUIV,M 12:W. "I3F 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. Contract Period. This Agreement shall commence May1, 2000, and shall continue in full force and effect until April 30, 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 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 90 days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 5. 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 mailed 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 address: City City of Ft. Collins, Purchasing 256 W. Mountain Ave. Ft. Collins, CO 80521 Copy to City Department Traffic P.O. Box 580 Ft. Collins, CO 80522 Attn: Syl Mireles WOSA 7/98 2 Service Provider Quality Traffic Control, Inc. 216 Racquette Dr. #5 Ft. Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, 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. 6. 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. No Work Order of $50,000 or more shall be issued. 7. Payments. a. 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 "B", consisting of one (1) page, and incorporated herein by this reference. b. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 8. 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. 9. 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 extend that the work shall be WOSA 7/98 3 done in accordance with the terms, plans and specifications furnished by the City. 10. 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. 11. 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. 12. Warran . (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. 13. 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. 14. Remedies In the event a party has been declared in default, such defaulting party WOSA 7/98 4 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. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 16. 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 "D", 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 WOSA 7/98 5 evidencing the insurance coverage required from an insurance company acceptable to the city. 17, 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. 18. Law/Severability, This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By: n/ v Ja s q. O'Neill II, CPPO Dir to of Purchasing and Risk Management Date: Quality Traffic Control, Inc. ftr PRINT NAME RPORATE PRESIDENTibR VICE PRESIDENT Date:_ y 3- cx ATTEST: (Corporate Sea[) CORPORATE SECRETARY WOSA 7/98 6 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: 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 Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. Service Provider WOSA 7/98 Acceptance User The attached forms consisting of _ L) pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given. City of Fort Collins By: Date: EXHIBIT B BID PROPOSAL BID #5472 BID OPENING: FEBRUARY 23, 2000, 3:00pm (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR SANDBLASTING PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: City of Fort Collins is requesting bids for removal of street striping by wet sandblasting and other sandblasting as needed for one calendar year. Prices must include all labor, material, required permits, required traffic control and job -site clean-up as per the scope of services. This is a one year agreement but, 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 90 days prior to contract end. Contractor must quote a price per linear foot and a price per square foot. The amount of sandblasting which will be required for the calendar year has no guaranteed quantities. BID SCHEDULE PRICES QUOTED MUST INCLUDE ALL LABOR, MATERIAL, REQUIRED PERMITS, REQUIRED TRAFFIC CONTROL AND JOB -SITE CLEAN-UP AS PER THE SCOPE OF SERVICES. Price per linear foot: $ (1 linear foot = 4" x 1')� Price per square foot: L o,ksv_ Ocu wa. v� �o �o a,TK o�E e-V_*3L ) FIRM Are you SIGNATURE M� S.__ O ADDRESS.. �� •` PHONE/FAX # \—QC' O—LACR� - 0%(iOci or PC EXHIBIT C YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 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. logic. f. Year 2000 is correctly treated as a leap year within all calculation and calendar 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 Contractor's information resources or systems that are not Year 2000 Compliant.