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Home My WebLink About103118 KWAL HOWELLS - CONTRACT - BID - 5458 MAPO ATHLETIC FIELD PAINT ANNUALSERVICES 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. 3. 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 fifteen (15) days from the onset of such condition. SA 10/97 18 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. 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. FEB 23 '00 12:54 FP, JOLIET EXEC OFFICES 303 373 2709 TO 19702216777 P.02i02 ACORD CERTCICATE QF ,...: i LIgBILITIr DATE I�b D� YI INSUFtANCE� s �..t .. . . .c. r ..^ r PRODUCER ;: x 0 rx 617-08_ 3100 _e. , Y>•. . y, ,, 12/ZI/1999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AGO Risk Services, Inc. of M1tacsachosetts 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 Boston NIA 01110 COMPANY A INSURED COMPANY K1VAL HOWELLS, INC. B 3900 JOLIET STREET COMPANY C DENVER, CO $923"119 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE LTA POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION PATE IMMIDO/TYI GATE (MMlODIYYI LIMITS C GENERAL REW763081 101/012000 01/012001 GENERALAGGAEGATE �! 2,000,000 COMIUqY MERCIAL �$ COMCLAIMS GENERAL UAERIiv PRODUCT$. COMPIOP AGO f 2,000,000 CLAIMS MACE OCCUR PERSONAL S AOV INJURY f 2, 000, 000 •• I NER'S A CONTRACTOR'S PROi rAddl EACH OCCURRENCE i 21909,000 iC lnsurcd•Vendors FIRE DAMAGE Am one Rnl _ (! SO 000_ MID EXP (Any one Pa9en1 I f 5, 000 A Ij'�A�U_TGMDene uneluTr UC2EECAP592G4787TCT Ol/012000 01/012001 B'A IANY AUTO U=CAP5820408ITIL00 01/01/2000 01/012001 C'OMBINFO SINGLE UM,T s I, 000, ooD B ALL OWNEDAUT05 UJEAP58204775TILOO 01/0t2000 OIN12001 H SCHEDULED AUTOS UC2JCAP582G4763TIL00 01/01/2000 01/012001 IF. INJURY IPN Penenl e HIRED AUTOS (BODILY INJURY ^.f 1 (Per fecdentl NON -OWNED AUTOS PROPERTY DAMAGE e T GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT f ANY AUTO OTHER THAN AUTO ONLY - I EACH ACCIDENT S AGGREGATE ! iXCF44 DABILITY EACH OCGVRPENCE ! UMBRELLA FORM AGGREGATE s OTHER THAN UMBRELLA FORM AND UC2JUB582G056-7-00 B WORKERS EMPLOYERS' EMPLOYERS' f 0I/Ol/2000 QI/012001 XI IOR. LIAENSATION B UDRJUB5820471400 ATLIMIT- 0I/0I/2000 01/01I200I THE PRO THE PROPRIETOR/ r FL EACHACPDENT ! 1,000,000 INCL PAPTniFi/EXECUTIVE EL OISEAFF-POLICY LIMIT i 1, 000, 000 OFFICERS ARE: EXCL I^I EL OISFASE- EA EMPLOYEE f 11000,000 DESCRIPTION OF OPERA WILLIAMS US INC. (KWAL HOWELLS, INC.) IS SELF INSURED FOR AUTOMOBILE PHYSICAL DAMAGE COVERAGE. GERTIFICATE"HOLDER `' y ,„;w „",I ... '.... .. ..cY CA14CELLPITION' rg'. SHOULD ANY OF THE ASOVE DeSCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEAEOF, THE ISSWND COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTW rrffOTICE TO THE CEBTOI ATE HOLDER NAMED TO THE LEFT, BELT" 10 DAYS NOTLCE FOR NON•PAYNI NT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINb UPON THE —•COMPANY. ITS,. AGENTS\OR RE/RESENTATIVES. acoAD z5s IiBB) AUYx� R 9! T c r•L u"�� `w„. •", .' ._ .. ,.. IB)Arnannn PORATION:i'1 RNR. ** TOTAL PRGE.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: C� t 4 t City of Fort Collins, Purchasing Kwal-Howells, Inc. 256 W. Mountain Ave. 4637 S. Mason St. g9oo Jo<i et �tv 2�f Ft. Collins, CO 80521 Unit A-8 Attn: John Stephen, CPPB, Buyer Ft. Collins, CO 80526 ��N v�'�, Co a0-L34- 3L31 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 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 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. W r an . SA 10/97 (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. 3 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 gvent 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 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 SA 10/97 C! 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. 17. Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D, consisting of one (1) page, attached hereto and incorporated herein by this reference. SA 10/97 CITY OF FORT COLLINS, COLORADO a mu ' al corporation By. Ja es B. O'Neill Il, CPPO Dir !tor f Purchasing and Risk Management Date: Z-/Z 3&n&p Kwal-Howe) , Inc. /1 } By: C c�J/�✓� c�A-, PRINT NAME 5 CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) 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: 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% Ti02 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 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. 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. EXHIBIT C x" VII ESTIMATED QUANTITIES AND BID FORM THE QUANTITIES ARE ESTIMATES ONLY. AWARD WILL BE BASED ON LOWEST, RESPONSIVE AND RESPONSIBLE PRICE PER GALLON. QUANTITY COLOR PRICE PER GALLON 16000 GALLONS WHITE Koval -Howells Paint #5100 $ z 7s 400 GALLONS YELLOW, RED, GREEN, BLUE, s ORANGE Kwal-HowellPaint # $ 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: xwal-Howells, Inc. (Corporation, DBA, Partnership, LLC, or PC?) Address: 4637 South Mason Street, Unit A-8, Telephone Number: Name of Agent (print/type)`: Title: Author Date: Attest: Collins, CO 80526 970) 226-0891 Mike Fortunato Sa}es Representative les My Commission Expires: my 6emmissionEynirps 03/15/2003 CORPORATE SEAL 15