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HomeMy WebLinkAbout103118 KWAL HOWELLS - CONTRACT - BID - 5774 MAPO ATHLETIC FIELD PAINT (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 Kwal Paint, 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 two (2) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 15, 2003, and shall continue in full force and effect until April 14, 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 three (3) 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 Cv1v udv State Planning anal B:.��Ige4 (lff��e. �A/ri++or� n�+irc �f reno�e,al chall ho VI \IVV yvv J.I Vli 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 SA 10/01 1 ACORDT. CERTIFICATE OF LIABILITY INSURANCE 08/03/2003 PRODUCER Lockton Companies ONLY AND CONFERS NO RIGHTS UPI 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NO' Kansas City Mo 64112-1906 ALTER THE COVERAGE AFFORDED BY (816) 960-9000 INSURERS AFFORDING COVERAGE DATE(MMIDDIYY) 04/17/2003 INSURED PROFESSIONAL PAINT, INC. INSURER A: AM. INT'L SPECIALTY LINES 1006482 KWAL-HOWELLS, INC. INSURER B : COMMERCE & INDUSTRY INSURANCE CO. ATTN: PATI NUCE INSURER C: 3900 JOLIET STREET D NVER CO 80239 INSURER D : INSURER E : COVERAGES 7R A5 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DDIYY LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR POLLUTION LEGAL LIAB 1950155 08/03/2002 08/03/2003 EACH OCCURRENCE 1,000,000 FIRE DAMAGE (Any one fire) 50,000 ME D EXP (Any one person) 10,000 X PERSONAL & ADV INJURY 1,000,000 X (CLAIMS MADE FORM) GENERAL AGGREGATE 2,000,000PRODUCTS GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC -COMP/OP AGG 1,000,000 AUTOMOBILE LIABILITY B X ANY AUTO 8087121 08/03/2002 08/03/2003 COM(EaBINEDl) SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODIILYSIoNJ, RY $ XXXXXxx HIRED AUTOS BODILY INJURY (Per accident) $ XXXXXXX NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE ,AUTO AUTO ONLY -FA ACCIDENT $ XXXXXXX OTHER THAN EA ACC ONLY: AGG XXXXXXX XXXXXXX EXCESS LIABILITY OCCUR CLAIMS MADE NOT APPLICABLE EACH OCCURRENCE $ AGGREGATE $ XXXXXXX XXXXXXX ❑ UMBRELLA DEDUCTIBLE FORM XXXX30CX XXXXXXX RETENTION $ B WORKERS COMPENSATION AND 3280341 08/03/2002 0 /03/2003 EMPLOYERS' LIABILITY X WC TATU- OTH- I XXXXXXX E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE -FA EMPLOYEE 1,000,000 OTHER E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS THE CITY OF FORT COLLINS IS AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. /�CCTICl/�ATC 11I�1 I��r� 1745077 CITY OF FORT COLLINS ATTENTION: JOHN STEPHEN, CPPB, SENIOR BUYER P.O. BOX 580 215 NORTH MASON STREET 2ND FLOOR FORT COLLINS CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE f% 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 Kwal Paint, Inc. P.O. Box 580 3900 Joliet St. Ft. Collins, CO Denver, CO 80239 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 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 alld proper dcCSIoiS with refelel^e to JGIvIVeJ prV vlded UVGI this ag reemleiu. nu mq ueS+ s +' All 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 Ser yla�.e Provider in a ilia r acid of a tiiiic 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 I nsured 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. SA 10/01 4 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. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Ja s . O'Neill I , CPPO, FNIGP Dir ct of Purchasing and Risk Management Date: Kwal Paint, Inc. By: : a , M : I e, / v �nr�� 9Ai� �- P T NA,AE p kA. ; CORPORATE PRESIDENT OR VICE PRESIDENT Date:_/t;-pj ATT ST: (Corporate Seal) CORPORATE S& RETARY My Commission Expires July 31, 2003 SA 10/01 5 EXHIBIT A VA SPECIAL INSTRUCTIONS TO BIDDERS COLLECTIVE BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN. Bids shall consist of: ATHLETIC FIELD LATEX PAINT Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest and best bid per item, combination of items, or all items combined, whichever is deemed in the best interest, and actual applications as appropriated by the Agencies. Releases to be made as required throughout the period of the award. Consideration will be given to vendors with a favorable firm price period with no minimum release requirements. Prices must remain in effect from Date of Award through February 28, 2004. The quantities listed are estimates and may increase or decrease as deemed necessary by the Agencies. This award may be extended for an additional 3 (three) twelve (12) month periods, contingent upon future years funding, and agreement of the Agencies. Direct all questions to John Stephen, CPPB, Senior Buyer, 970- 221-6775 or e-mail at jstephen@fcgov.com 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% 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. 4 Awarded vendor must provide MSDS to each agency prior to paint delivery 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: 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 Ikv 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 16545 GALLONS WHITE $ 3 . 15 730 GALLONS YELLOW, RED, GREEN, BLUE, ORANGE $ 7.65 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 fumish 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 Paint, Inc. (Corporation, DBA, Partnership, LLC, or PC?) Address: _ 3900 Joliet St Denver, CO 80239 Telephone Number: (303) 371-5600 Name of Agent (printttype): m i l P.s T,i n n o Title: Autho Date: Attest: My Commission Expires: ui -3/1r CORPORATE SEAL (,OF ••.•••.� V0T AR�•�'�•m o G 0 16 Dco\' P* O My Commission Expires July 31, 2003