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Home My WebLink About256950 ALLIED TUBE AND CONDUIT - CONTRACT - BID - 5756 02-125 MAPO TRAFFIC SIGN POSTSSERVICES 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 co•-f9r-th� referred to as the "City" and Allied Tube & Conduii hereinafter referred to as "Service Provider". W ITNESSETH: 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 two (2) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence February 1, 2003, and shall continue in full force and effect until January 31, 2004, 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. 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. 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) SA 10/01 1 Marsh USA Inc. PAGE 2/3 RightFAX PRODUCER Jessica Angiullo Uo Marsh USA Inc. Risk Management Casualty Dept., 41stFL 1166 Avenue of tha Amencas Tel:212,3 3419 Fax: 212-3455626 New York, NY 1003&2774 i8880 -TYCO-ALTU-01102 INSURED ALLIED TUBE 8 CONDUIT 16100 S. LATHROP AVENUE HARVEY, IL 60426 �,��1„■V!'S�FE317�#/(�^. CERTIFICATE NUMBER i ;# €�RslTit NYC-00148802S 00 THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED N THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES DESCRIBED HEREIN. COMPANY A AMERICAN HOME ASSURANCE CO. COMPANY 8 WORKERS COMPENSATION, SEE ATTACHED SCHEDULE COMPANY C COMPANY D TMS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED HEREIN FOR THE POLICY PERIOD INDICATED NOTW THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SIaOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS CO TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION LTR DATE(MMIODIYY) DATE(MMIDD(YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 10,000,000 A X COVMERCIALGENERALLIABILITY RMGL6124879 10/01/01 10/01/02 PRODUCTS - COMP/OP ACG $ 10,000,000 CAAMS MADE 1OCCUR PERSONAL S ADVINJURY $ 5,000,000 DINER'S& CONTRACTOR'S PROT EACH OCCURRENCE $ 5,()0(),()00 1,000,000 A B AU TOM OGLE LIABILITY ANY AUTO ALL OWN FDAu7CIS ErHFOULED AUTOS H REO AUTOS NON -OWNED AUTOS RMCA 5348787 (TX) RMCA5348788(A/S) 10/01l01 12105/01 10101/02 10/01/02 MED EX? Any me Foram COMBINED SINGLE LIMIT i 10,000 $ 5.000,000 X BODILYINJJRY (Per PWIIm) $ X BODILYIN,URY (Per accident) $ X PROPERTY DAMAGE $ GARAGE LIABILITY AVY AUTO AUTO ONIY. PA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ UMBRELLA FORM AGGREGATE Is OTHER THAN UMBRELLA FORMWORKnTCMMSATION AND $ SrATUH EM PLOYERS'LURBILITY X TORV LI MI7S ER - A SEE PAGE TWO 10/01/01 10/01/02 EL EACH ACCIDENT $ 1 000000 B THE PROPRIETOR( INCL SEE PAGE TWO 10101/01 10/01/02 PARTNERSAEXECUTIVE ELDISEASEEOLICYLIMIT $ 1,000,000 OFFICERS ARE EXCL EL DISEASE -EACH EMPLOYEE $ 1,000, 000 DES CRW TION OF OPERATIONS/LOCATIONSIVE HICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) WHERE REQUIRED THE CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTO LIABILITY POLICIES, BUT ONLY TO THE EXTENT OF THE NEGLIGENCE OF ALLIED TUBE 8 CONDUIT CORPORATION. SHOULD ANY OF THE POLICES DESCRIBED (ERE IN BE OANCELL ED BEFORE THE EAPIRATION DATE nIEREOF THE INSURER AFFORDING COVERACE WILL ENDEAVOR TO MVL '2Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAKED /EREIN OUT FAILURE TO AWL SUCHNOTICE SHALL IKVOSF NO OBLIGATION OR LIABILITY OF ANY RIND UPON TIE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES Katherine S. O'Leary t a4m.- J. im." Marsh USA Inc. PRODUCER Jessica Angiullo c/o Marsh USA Inc. Risk Management Casualty Dept., 41st FL 1166 Avenue of the Americas Tel:212-3453419 Fax: 212345-5626 New York, NY 10036-2774 WOO-TYCO,ALTU-01102 INSURED ALLIED TUBE & CONDUIT 16100 S. LATHROP AVENUE HARVEY, IL 60426 WORKERS COMPENSATION COVERAGE 10/01101-10/01/02 INSURANCE POLICY # (A)AMERICAN HOME ASSURANCE CO RMWC 5277471 (B) NATIONAL UNION FIRE INSURANCE CO. RMWC 5277472 (B) INS. CO. STATE OF PA RMWC 5277473 (B) ILLINOIS NATIONAL INS. CO. RMWC 5277474 (B) ILLINOIS NATIONAL INS. CO. RMWC 5277475 (B) Al SOUTH INSURANCE CO. RMWC 5277476 (A) AMERICAN HOME ASSURANCE CO. RMWC 5277477 PAGE 3/3 RightFAX COMPANIES AFFORDFI COMPANY E COMPANY F COMPANY a COMPANY H STATE CA NV, OR AR, FL, MA, TN, VA IL, LA NY, WI GA ALL OTHER STATES 44 DATE (MMIDDIYY) 07/19/02 COVERAGE INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. 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: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Allied Tube & Conduit Cod e,,N+i " 16100 South Lathrop Avenue Harvey, IL 60426 af"fh'. Stcr4-1*j► 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 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 SA 10/01 2 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. 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 SA 10/01 3 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 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, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 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 SA 10/01 4 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. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Ja s . O'Neill II, CPPO, FNIGP Dir t of Purchasing and Risk Management Date: ...�ae^,T PZ-S+,EM+OR VICE PRESIDENT Date: 1 30 D 3 ATTE /fjJ;.,,(Co ora Seal) CORPORATE SECRETARY SA 10/01 4", EXHIBIT A VII SPECIFICATIONS 1. SECTION 1 SIGN POSTS (TELSPAR) Material Steel posts furnished shall conform to the Standard Specifications for Hot rolled Carbon Steel, commercial quality ASTM Designation A-569-72. Finish Material shall be hot dipped galvanized coating conforming to ASTM A525, Des, G-90. Zinc coating to form an excellent bond with the steel surface so as not to be affected by subsequent forming operations. Corner weld shall be zinc coated after scarifying operation. Exposed edges to be protected against corrosion by "sacrificial action" when zinc is present on intimate adjacent areas. Shaoe The cross section of the post shall be square tubing formed of 12 gauge (.105 USS gauge) steel, carefully formed into six and, if necessary, shall be welded in such a manner that weld or flash shall not interfere with telescoping. Holes Hole diameter shall be seven -sixteenth (7/16") plus or minus one sixty-fourth (1/64") inch on 1" centers, on all four sides, for the entire length of the post. Holes shall be on the center line of each side true alignment, and opposite to each other. Length The length of each post shall be as specified, and have a permissible length tolerance of plus or minus one -quarter (1/4) inch. Cuts through holes will not be accepted. Telescoping Properties The finished posts shall be straight and shall have a smooth, uniform finish. It shall be possible to telescope all consecutive sizes of square tubes freely and for not less than ten feet or their length without the necessity of matching any particular face to any other face. All holes and ends shall be free from burrs, and ends shall be cut square. Delivery Requirements Delivery of these materials must be made in a flat-bed trailer for fork lift unloading; otherwise the order shall be refused, unless transporter agrees to unload on -site. Twenty-four (24) hour notice must be given prior to delivery. Specifications The specifications shall be considered a minimum specification. 2. SECTION 2 6' U-CHANNEL DELINEATOR POSTS A. Minimum of 1.12 Ibs per foot with a baked green enamel finish. The post must have a minimum of 30-3/8" holes on 1 "centers from the top. B. Minimum of 1.12 Ibs per foot with a red powder coat finish. The post must have a minimum of 30-3/8" holes on 1 "centers from the top. C. Minimum of 3 Ibs per foot with a baked green enamel finish. The post must have minimum of 30- 3/8" holes on 1 "centers from the top. L:3C1= 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. SA 10/01 EXHIBIT C 2003 MAPO TRAFFIC SIGN POST BID SCHEDULE SECTION 1. SIGNPOSTS Length in feet Estimated Quantity COST PER EACH 1. TELSPAR (OR EQUAL) 12 GUAGE 1 1/2" Perforated Square Post 10 225 I o1 . -70 1 3/4 " Perforated Square Post 8 575 11 . 6- 1 3/4" Perforated Square Post 10 3575 14 . S"O 1 3/4" Perforated Square Post 11 850 _ _ I $ . 9 S 1 3/4" Perforated Square Post 12 75 ---------------- 1 -7• 40 --------------- 2" Perforated Square Post 10 1450 1 S - 70 ---------------- 2" Perforated Square Post 11 575 I - x-7 2. TELSPAR (OR EQUAL) 14 GUAGE 1 3/4" Perforated Square Post 10 500 73 2" Perforated Square Anchors 3 525 -------------- 3 6 "1 3. TELSPAR (OR EQUAL) 12 GUAGE 1 1/2" Perforated Square Anchors 1 112 500 a• a 1 1 3/4" Perforated Square Anchors 2 200 3 • ate_______ 2" Perforated Square Anchors 2 400 __ 2" Perforated Square Anchors 3 4175 2 1/4" Perforated Square Anchors 3 2475 S• 3 6 SECTION 2. DELINATOR POSTS 1.12lbs per 6' U-Channel Posts Green foot 2900 � • a�o� 1.12lbs per y• ati 6' U-Channel Posts Red foot 200 6' U-Channel Posts Green 31bs per foot 250 SECTION 3. MISCELLANEOUS FO 175-VS2 V-LOCKS 24" X 1 3/4" Includes wedges 450 9y --------------- Drive Rivets 3/8 " TXLDR3878 05 or equal 4000 ____,ys-______ Corner bolts 5/16" (not carrage bolt bent) TL 050 or equal 500 • 3,7 GRAND TOTAL $_I - 0— 767. SO FIRM NAME/ 11,'e- >D'��b�aGo�d�,_+ SA 10/01