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HomeMy WebLinkAbout105396 TRAFFIC MASTERS - CONTRACT - BID - 5969 TRAFFIC CONTROL0 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 Traffic Masters, 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 Eight (8) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until May 1, 2007, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. 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 SA January 2005 1 I: Quantity The City is not obligated to take delivery of any minimum quantity of traffic control devices. J: Loa and Billing Forms A permanent log for each request shall be maintained in a legible manner and will contain the following information: a. Date and time of request for placement. b. Date and time traffic control devices to be placed. c. Name of person and department making the request for placement. d. Project name and location of traffic control devices. e. Quantity of each type and identification per MUTCD designation or designate as a specialty. f. Date and time traffic control devices were placed. g. Clearly printed name and signature of City personnel responsible for accepting devices at job site. If City personnel are not at the job site, a signature of responsible City person shall be obtained within 24 hours. In no case will traffic control invoices be paid for unsigned or altered logs. h. All modifications made, to include moving devices, adding additional devices, taking devices away. The City personnel requesting each modification shall also be identified. 1. Date and time of request for removal. j. Date and time traffic control devices are to be removed. k. Name and department making request for removal. I. Date and time traffic control devices are removed. m. Name of person making log entries. n. T.C.S. and flagger hours o. A tabulation/spreadsheet showing daily quantities may be required by some Project Managers for projects longer than 2 calendar day duration. This sheet shall be signed by the TCS and City Representative and shall be writing. A permanent log for each weekend and after -hour service call will be maintained and submitted with monthly billings. The service call log shall contain the following information: a. Date and time of service call b. Location c. Name of person performing the call d. Services performed (i.e., barricade lights checked, light changed, cones replaced, cones straightened, etc.) e. T.C.S. and flagger hours Invoices shall contain information items c, d, e, f, g, h, I, j, and o from the log sheets in legible form. Separate invoices by project shall be provided. All invoices and log sheets shall be sent by the Contractor, in duplicate, to the Accounting department or to the Department of the City. Invoices not containing all required information will be returned to the Contractor and not paid until completed. Questions regarding invoices shall be answered promptly and professionally. The Contractor shall respond to individual replies as required. Departments which request additional information SA January 2005 6 on their invoice forms. All billing problems will be brought to the attention of the accounting staff immediately upon discovery. All bills shall be submitted within 15 days after notification to pickup traffic control devices. For projects lasting longer then 30 days, bills will be submitted every 30 days and within 15 days of the end of the 30 day period. Bills not submitted within 15 days will incur a penalty of 15% of the invoice total unless the Project Manager, in his discretion, determines that the delay was caused by circumstances beyond the control of the Contractor. Bills not submitted within 30 days will incur a penalty of 30% of the invoice total unless the Project Manager, in his discretion, determines that the delay was caused by circumstances beyond the control of the Contractor. Payment will be made within 30 days after verification of billing charges. K: Contractor Responsibility for Work The Contractor shall be responsible for all damages, loss or injuries that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. The Contractor is to place all traffic control devices to meet or exceed the standards set forth in the most current City of Fort Collins Work Area Traffic Control Handbook. The Contractor shall not be expected to compromise this responsibility. The Contractor should contact the City Traffic Control Manager if such an occasion should occur. The Contractor shall furnish sufficient Traffic Control Supervisors, flag people and working personnel capable of promptly accomplishing all service requests according to the terms of this contract. The Contractor's employees shall conduct themselves in a proper and efficient manner while performing services for the City of Fort Collins. The City reserves the right to reject personnel for cause, and the Contractor shall replace these individuals promptly at the City's request. L: Monthly Report: Upon request the contractor shall provide monthly written reports of the total number of calls received per day, as well as the general nature of the calls, i.e., number of barricades placed, location and when removed. M: Insurance Coverage During the term of this contract, insurance coverage in the amount of $500,000 combined single limit, bodily injury and property damage shall be maintained by the Contractor, see Exhibit B. A certificate of insurance providing such coverage shall be presented to the City at the time the Services Agreement is signed by the Contractor. N: Termination This Contract and all associated purchase orders may be terminated by the City, upon fifteen (15) days written notice. The City shall have the ability to bid traffic control for any selected projects separately, if it is in the City's interest. O: Pricing Structure The cost for setting up equipment, modifying equipment, and maintaining equipment during authorized days shall be included in the Contract Unit Price for Traffic Control Supervisor per day and per hour. SA January 2005 7 The cost for Traffic Control Devices, shall include delivery, rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be paid for under the contract unit price for TCS as described above. If a TCS(s) is used for an authorized day(a day is 10 hours), but not for the entire day, the TCS(s) shall be paid at the contract unit price for "Traffic Control Supervisor" at the per hour rate. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks shall be included in the Contract Unit Price for Flagging. The method for covering Fagger breaks shall be approved by the City Representative. Flagging outside of the construction work hours will not be paid for under the terms of this contract unless authorized. Flagger stand-by time will not be paid. In locations where traffic control is set up and the work is not performed due to Traffic Control Contractor caused delays, the traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under the terms of this contract unless authorized by the City in writing. In addition, the Owner shall deduct from compensation due the Contractor $10.00 for each traffic control device per day, including "NO PARKING" signs, for said conditions. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. Payment shall be made for the maximum number of each type of traffic control device being used at one given time per day. The accepted quantities will be paid for at the contract unit price for each of the pay items listed in the Bid Schedules. The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured, they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to the Contractor. Flagger hand signs will not be measured and paid for separately, but shall be included in the work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags will not be measured and paid for separately, but shall be included in the work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, payment will be made for the typical panel size. The City shall not be responsible for any losses or damage due to theft or vandalism. SA January 2005 P: Liguidated Damages Liquidated damages at an hourly rate of $200/hour, may be assessed and back billed to the Contractor as stated in Section D for downtime incurred due to negligence of the Contractor in placement of traffic control devices resulting in shut -down of job sites. Material shall be removed from City right-of-way within 24 hours. City dispatch logs will be used to confirm proper removal and pick-up time frames are met; failure to conform can result in back charging of daily rental rates per day for each device remaining after notification. It shall be recognized by and between the parties hereto that the City will suffer certain unspecified damages in the event service is not provided in accordance with the terms of the proposal, and the signed Services Agreement. In recognition of the difficulty of ascertaining the actual damages to be sustained by the City, the parties shall agree that the assessment of liquidated damages shall be appropriate. In the event the project is not completed within the specified time, there shall be assessed against the Contractor, and the Contractor shall authorize the City to retain from monies due the Contractor, based on the following schedule: 1. If the Contractor fails to respond to service requests within two (2) hours for all locations, the City may deduct $200.00 per offense from payment as liquidated damages or have the authority to call in another contractor. Emergency response time shall be 30 minutes, if response time is not met the City will have the authority to call in another contractor. 2. The City reserves the right to assess liquidated damages in the amount of $10.00 per day for each day per each barricade when barricades are not removed after notification as set forth in Section C of Exhibit A. In no event shall liquidated damages exceed the sum of Five Thousand Dollars ($5,000.00) during the term of this Agreement. SA January 2005 9 EXHIBIT B INSURANCE REQUIREMENTS 1. 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. 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 10/97 10 EXHIBIT C BID FORM Bid Schedule " A " Contractor to provide all service, manpower and equipment. Traffic Control Supervisor (at job site) Traffic Control Supervisor (at job site) Flag Person with paddle Flag Person with paddle 36" Reflectorized Tube Vertical Panel without light Type I Barricade without light Type II Barricade without light Type III Barricade without lights Light - Steady Burn Light - Flashing Barrels Size A Sign with stand Size A Sign without stand Size B Sign with stand Size B Sign without stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufacturing Specialty Sign Size B-Cost of Manufacturing 28" Cone with reflective strip 36" Cone with reflective strip Safety Fence Light - Steady Burn Light - Flashing Arrow Board Message Board Type IV Barrier -Jersey Barrier Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet 2 per hour _ per day _ per hour _ per day _ per day per unit _ per day per unit _ per day per unit _ per day per unit _ per day per unit per day per each per day per each _ per day per unit L per day per set r per day per set i per day per set per day per set L per day per unit _ per sign T per sign _ per day per cone per day per cone _ per day per roll ` per day per unit _ per day per unit per day per unit per day per unit _ per day per unit Specialty Signs - The initial manufacturing will be paid for per the unit cost for specialty signs and the rental rate paid per the appropriate rental rate. EXHIBIT C Bid Schedule " B " Rental including Delivery and Pickup Only Flag Person with paddle $ rl _ per hour Flag Person with paddle $ per day 36" Reflectorized Tube $ per day per unit Vertical Panel without light $ per day per unit Type I Barricade without light $ per day per unit Type II Barricade without light $ per day per unit Type III Barricade without lights $ per day per unit Light - Steady Burn $ per day per each Light - Flashing $ a per day per each Barrels $ per day per unit Size A Sign with stand $ per day per set Size A Sign without stand $ per day per set Size B Sign with stand $ per day per set Size B Sign without stand $ per day per set No Parking Sign with stand $ per day per unit Specialty Sign Size A -Cost of Manufacturing $ —per sign Specialty Sign Size B-Cost of Manufacturing $ —per sign 28" Cone with reflective strip $ per day per cone 36" Cone with reflective strip $ per day per cone Hand Paddle with 5' Handle $ per day per unit Safety Fence $ per day per roll Light - Steady Burn $ per day per unit Light - Flashing $ per day per unit Arrow Board $ —per day per unit Message Board $ per day per unit EXHIBIT C Bid Schedule "C" Rental Only - Picked up and returned by City Personal Flag Person with paddle Flag Person with paddle 36" Reflectorized Tube Vertical Panel without light Type I Barricade without light Type II Barricade without light Type III Barricade without lights Light - Steady Burn Light - Flashing Barrels Size A Sign with stand Size A Sign without stand Size B Sign with stand Size B Sign without stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufacturing Specialty Sign Size B-Cost of Manufacturing 28" Cone with reflective strip 36" Cone with reflective strip Hand Paddle with 5' Handle Safety Fence Light - Steady Burn Light - Flashing Arrow Board Message Board Firm Name- $ — per hour $ — per day $ per day per unit $ per day per unit $ . 5 per day per unit $425 per day per unit $ per day per unit $ per day per each $ per day per each $ per day per unit $ per day per set $ per day per set $ per day per set $ per day per set $ 1,00 per day per unit $ — per sign $ — per sign $ per day per cone $ e per day per cone $n per day per unit $ per day per roll $ per day per unit $ per day per unit $7 cZYper day per unit $ IOU er day per unit EXHIBIT C BID FORM TOTALS Bid Schedule " A " (Contractor to provide all service ,manpower and equipment.) Description Price/Unit Traffic Control Supervisor (at job site) Traffic Control Supervisor (at job site) Flag Person with paddle Flag Person with paddle Vertical Panel without light Type I Barricade without light Type III Barricade without lights Light - Steady Burn Light - Flashing Barrels Size A Sign with stand Size A Sign without stand Size B Sign with stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufac. 28' Cone with reflective strip 36" Cone with reflective strip Safety Fence Arrow Board Message Board Type IV Barrier -Jersey Barrier Bid Schedule " B " Rental including Delivery and Pickup Only Price/Unit Flag Person with paddle Flag Person with paddle 36' Reflectorized Tube Vertical Panel without light Type I Barricade without light Type II Barricade without light Type III Barricade without lights Light - Steady Burn Light - Flashing Barrels Size A Sign with stand Size B Sign with stand Size B Sign without stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufacturing 28" Cone with reflective strip 36" Cone with reflective strip Hand Paddle with 5' Handle Safety Fence Arrow Board Message Board Quantity Total Qper hour 270 $ �d _ per day 3 $ — _ per hour 220 $ per day 3 $ 37/0 per day per unit 191 $ per day per unit 181 $ per day per unit 25 $ per day per each 50 $ per day per each 150 $ r per day per unit 75 $ per day per set 90 $ er day per set 10 $ per day per set per day per unit 10 200 $_ $ per sign 5 $ per day per cone 285 $ per day per cone 100 $ per day per roll 10 $ _ _ per day per unit 3 $ per day per unit 1 $ —' — per day per unit 50 $ SUB -TOTAL SCHEDULE 'A" $ j 3,�1d9�l Quantity Total per hour 100 per day 3 per day per unit 100 per day per unit 160 per day per unit 95 per day per unit 40 per day per unit 10 per day per each 50 per day per each 150 per day per unit 75 per day per set 80 per day per set 10 per day per set 5 per day per unit 100 per sign 5 per day per cone 100 per day per cone 50 per day per unit 3 per day per roll 18 per day per unit 2 -per day per unit 1 SUB -TOTAL SCHEDULE "B" $ 31 q3 ao Bid Schedule "C" Rental Only - Picked up and returned by City Personal Flag Person with paddle Flag Person with paddle Vertical Panel without light Type I Barricade without light Type III Barricade without lights Light - Steady Burn Light - Flashing Size A Sign with stand Size B Sign with stand Size B Sign without stand No Parking Sign with stand Specialty Sign Size A -Cost of Manufacturing Specialty Sign Size B-Cost of Manufacturing 28" Cone with reflective strip Hand Paddle with 6 Handle Safety Fence Arrow Board Message Board Price/Unit EXHIBIT C per hour per day per day per unit per day per unit per day per unit per day per each per day per each per day per set per day per set per day per set per day per unit per sign per sign per day per cone per day per unit per day per roll per day per unit per day per unit Quantity Total 30 2 135 70 10 30 180 35 12 4 75 5 5 75 3 18 5 1 SUB -TOTAL SCHEDULE "C" $�y5 JV SUB -TOTAL SCHEDULE "A" $� SUB -TOTAL SCHEDULE "B" $Z` r9;-3� CL5 SUB -TOTAL SCHEDULE "C" MM^1r T^TAI A 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 Traffic Masters, Inc. PO Box 580 1304 Duff Drive #14 Fort Collins, CO 80522 Fort Collins, CO 80524 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 attached Exhibit "C", consisting of five (5) pages, and incorporated herein by this reference. 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 SA January 2005 2 Flood & Peterson Ins 5/4/2006 4:12 PAGE 002/003 Fax Server rRre..es• rsaaee TDAIAA ACORDT. INSURANCE CERTIFICATE OF LIABILITY osf04/ro6D PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc 4821 Wheaton Drive ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 270370 Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURERA Employers Mutual Casualty Company Traffic Masters, Inc. 1304 Duff Drive #14 Ft. Collins, CO 80524 INSURER B: Plnrmcol Assurance INSURER O INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUNEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W HICH THIS CERTIFICATE MAYBE 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 PAD CLAMS. L TYPE OF INSURANCE POLICVNUMBER POLICY EFFECTIVE DATE (WIVIDOfM POLICY EXPIRATION DATE 01011IDDIM LIMnB A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 5x1 OCCUR 2D7097706 05/30/05 05/30/06 EACHOCCURRENCE $1000000 DAMAGE TORENTED PREMISES $109.00 MED EXP me enxIn $5 0W PERSONA. SADV INJURY $1 000 000 GENERA. AGGREGATE 82 000 000 GEN'L AGGREGATE OMIT APPLIES PER: POLICY PR6 F-ILOC JECT PRODUCTS -COMPIOP AGO QW0000 A AUTOMOBILE LIABILITY MY ALTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS 2E7097706 05(30105 05I30106 COMBINED SINGLE LIMIT (Esacddere) $1,000,000 X BODILY INJURY (Perperem) $ X BODILY INJURY (Per aeddera) $ X PROPERTYDAMAGE (Per aodder/) $ GARAGE LIABILITY ANY AUTO ALTO ONLY -EAACCDENT $ OTHERTHAN EA ACC AUTOONLY: AGG $ $ A EXCESSUMBRELLALIABILITY TOCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $10000 2J7097706 05/30/05 05/30/06 EACH OCCURRENCE s1 000 000 AGGREGATE $1 000 000 S $ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? H ECCALF O Intl N rna 4058170 06i01105 06/01/06 - OTH- X I Tmswrurs E.L. EACH ACCIDENT $SOO 000 E.L. DISEASE- EA EMPLOYEE S500 000 E.L. DISEASE- POLICY LIMIT I S500 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES 1 EXCW SIONSADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Ft. Collins Is listed as Additional Insured where their Interest may appear. rFDTIFICATF um nFD CAUCDI I A nnu SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAL A0— DAYSWRITTEN ATTN: Purchasing NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DO SO SNALL PO BOX 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITSAGENTS OR Fort Collins, CO 80522 REPRESENTATIVES. AUTHORIZED REPRESENT TIVE C'fooct. T AA&WISOF'i roo.'rem- ,ur 'rAjc. ACORD 25 (2001108)1 of 2 #S345909/M329006 NCB 0 ACORD CORPORATION 1988 Flood & Peterson Ins 5/4/2006 4:12 PAGE 003/003 Fax Server IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemert(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AUUKU X" JAMINO) 2 Oi 2 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. 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 SA January 2005 3 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 parry, 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. SA January 2005 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 D=t- Jame 'Neill II, CsinPPO, FNIGP Direct f Purchag and Risk Management Date: �/ q/ (-) �_ Traffic Masters, Inc. TE PRESIDENT OR VICE PRESIDENT Date:— q-OC� AT T: (Corporate Seal) CORP E SECRETARY SA January 2005 5 EXHIBIT A BID 5969 Traffic Control Services Annual SCOPE OF SERVICES The Scope of Services covers the requirements for providing Traffic Control Devices and Services for the City of Fort Collins on an annual basis. All of these requirements and provisions shall be incorporated in the signed Services Agreement when the bid is awarded. A: Certificates and TCS Duties All work area traffic control placed within City of Fort Collins right of way, under the terms of this contract, shall be under the direct supervision of a Traffic Control Supervisor (TCS). The TCS shall posses a current American Traffic Safety Services Association certification or a C.C.A. Colorado Contractors Association certification as a work site traffic control supervisor this certification shall be on file with the City. Valid certification card shall be presented to the City Traffic Control Manager for each person employed to perform as a TCS. When new TCS's are hired their certification card must be presented and the new TCS briefed by the City Traffic Control Manager prior to putting that person on the job. A TCS must be on site when traffic control devices are placed, modified and removed. The hourly and daily rate charged for TCS personnel shall include a properly equipped vehicle and a cellular telephone. The TCS's duties shall include, but not be limited to: (1) Coordination of all traffic control related operations, including those of Subcontractors and Suppliers. (2) Preparing and revising Traffic Control Plans as required. (3) Direct supervision of project flaggers. (4) Supervise the notification of businesses, Schools, and residents prior to construction as directed. (The notification of businesses and residents may be accomplished by a representative of the TCS.) (5) Maintaining a daily traffic control log which shall become part of the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10)Setting up traffic control devices. For all street closures, the Traffic Control Company or Contractor shall be responsible for the notification of businesses and residents. The notification shall consist of distributing letters indicating the nature of the work to be completed, any special instructions (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the Parking and access restrictions that will apply. Sample letters will be provided by City personnel. Letters shall be submitted with the Traffic Control Plans for approval. After approval, the letters shall be distributed a minimum of 24 hours prior or as required by City of Ft. Collins Traffic Operations to the commencement of each phase of the work. (Note: The time frame criteria for distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the cost for TCS hour or day rate. Please refer to City Work Area Traffic Control Handbook. SA January 2005 2 Time spent maintaining signs on the weekends, holidays, bad weather days, and other days shall be included in the unit prices for the equipment. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. Failure to have a TCS during placement, changes or removal or failure to have a certified Flagger shall remove all liability from the City for any adverse consequences and the City will not pay the cost of any non -certified personnel. Flag people must be certified through the Colorado Department of Highways Flagger Certification Program or other City approved certification programs. The Contractor must certify their employees as required by this contract without expense to the City. All flag people must carry proof of certification and present it when requested by a City representative. If the onsite TCS performs flagging duties the City will pay for flagging price only. B: Conformity All traffic control devices placed in the City right of way under the terms of the contract must meet or exceed the minimum standards set forth in the most current issue of the City of Fort Collins Handbook for Traffic Control. Additionally, any sign blank with signs faces on both sides must have the back sign face completely covered when in use to avoid confusion to motorists traveling in the opposite direction. Company identification must not be placed on the front of traffic control devices and all identification must comply with current MUTCD regulations. C: Service Call Requirements Delivery and set-up of the traffic control devices shall occur per date and time agreed upon by contractor and City Representative for day to day type activities between the hours as requested by City of Ft. Collins, if a Traffic Control plan has previously been approved. Delivery and set-up of traffic control devices shall occur within 2 hours for minor set-ups as requested by City of Ft. Collins. Delivery and set-up of the traffic control devices shall occur within 30 minutes in an emergency. Emergency requests must be responded to immediately with personnel and equipment on site within 30 minutes of notification. City personnel shall give the contractor as much notice as possible for work requiring traffic control, except in the event of an emergency. City personnel shall endeavor to give reasonable advance notice, even for day to day requests on minor set-ups. Contractor cannot refuse delivery and set-up of traffic control devices and or traffic control personnel as requested by City of Ft. Collins various departments. D: Traffic Control Plan Preparation and Approval If same Traffic Control Plan (T.C.P.) or a slightly modified T.C.P. is used more than once for same set-up per job, the T.C.P. is paid for only once.. The awarded Contractor will be required to prepare a traffic control plan for all proiects, except emergencies lasting less than 24 hours. The traffic control plans must be prepared by a certified TCS, and presented to the City's Traffic Control Manager for approval, prior to set-up of devices at job site. In the case of an emergency lasting longer than 24 hours, a traffic control plan will be submitted within 12 hours of the initial emergency. Approval by the City Traffic Control Manager will be completed within 24 hours after plan is presented. A copy of the signed, approved plan must be maintained by traffic control personnel at the job site and presented to the City representatives during set-up. If, upon arrival at a job site, a City representative determines an approved traffic plan set-up is not being used, the job will be immediately stopped until the correct set-up is in place. This action will result in non-payment to the Contractor for any illegal devices, delivery, set-up, modification or SA January 2005 3 removal charges as further defined in the City of Fort Collins Handbook for Traffic Control associated with the job. Additionally, at the discretion of the City, the Contractor can be back - charged liquidated damages incurred by City for downtime or loss of services during the stoppage of work, at a rate of $200/hour. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length, and time duration for lane closures; and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type ll, and Type III barricades; cones; drum channelizing devices; and advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. E: Setup, Rental and Removal In no case will the responsibility for setup and modification of traffic control devices be divided between the Contractor and City Crews. Either the Contractor sets up all the traffic control devices or the City Crews will setup the traffic control devices. City personnel shall specify who will do the traffic control setup and modification when making the request for traffic control devices. The City shall have the option of renting devices from the Contractor at the unit prices bid, and handling the traffic control internally, to include all staffing required. In such cases the City shall be responsible for the traffic control plan, and any required TCS's. Bid schedule "B" is for rental of devices and flaggers only. Removal of traffic control devices from TRAVELED ROADWAY shall occur within 30 minutes after request is made, and no rental rates may be assessed after that point. Traffic control devices shall be placed and/or stored when not in use in City right of way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Material shall be removed from City right-of- way within 12 hours. F: Availability and Service Checks The contractor must be available for requests 24 hours per day, 7 days a week, including holidays at a Fort Collins phone number. The person answering the phone must be capable of receiving messages and must notify the TCS on duty immediately. Contractor must return call to City personnel within 10 minutes of receipt of request of service. Response times must conform to Section C requirements. While the traffic control devices are being used by the City, a TCS will perform service checks as determined by the requesting department as many times as requested, at least four times a day, twice between the hours of 7:00 A.M. and 5:00 P.M., and twice between the hours of 5:00 P.M. and 7:OO A.M., on residential, collector and arterial streets to insure that all traffic control devices are working properly and are positioned correctly, 7 days a week including holidays. During SA January 2005 4 inclement weather, ie. wind, rain, snow, etc., it shall be the Contractor's responsibility to perform inspection more frequently to assure that all devises are visible and working properly or as requested by City of Ft. Collins. A log of each service check, noting location, times and any problems encountered, must be maintained by the Contractor and a copy given to the City Department Representative monthly, or to any City Representative upon request. Random checks by City representatives will be made to verify compliance to this section. The cost of providing service checks shall be included in unit prices. If all service checks are not preformed in accordance with these specifications equipment rental for equipment not serviced will not be paid for. G: Specifications for Devices The traffic control devices provided by the Contractor shall meet the current City of Ft. Collins Traffic Control Handbook and current federal specifications for such traffic control devices as set forth in the manual on Uniform Traffic Control Devices (official, with revisions), as compiled by the Federal Highway Administration. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. • Size A Signs - 0.01 to 9.00 Square Feet • Size B Signs - 9.01 to 16.00 Square Feet • Type III Barricades must be min 8' wide and 5' high. • Safety fencing shall be 48" high in 50' rolls, rigid orange 2" plastic mesh. The fence shall be secured with posts or barricades with sand bags or anchorage approved by City personnel. 28" cones with collars must be used on residential, collector and arterial streets. 36" cones with collars must be used on any street with a posted speed limit of 40 MPH or greater. H: Loss or Damage The City will not be responsible for any damage to, or loss of traffic control devices. Traffic control devices shall remain the property of the Contractor and must be clearly marked as to ownership, within the regulations set forth by the Federal Highway Administration. Upon notification by the City of any need for replacement or repair, the Contractor must make such replacement or repair as needed within 30 minutes of notification. City crews shall not move the traffic control devices from one location to another unless an emergency situation exists, or unless the City is renting only the devices and is handling the traffic control plan/staffing internally. In the event of an emergency the City shall notify the Contractor within 24 hours after such relocation. SA January 2005 5