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HomeMy WebLinkAboutBID - 5969 TRAFFIC CONTROL (2)INVITATION TO BID City of Fort Collins BID 5969 Traffic Control Services Annual BID OPENING: 3:00 p.m. (our clock), April 11, 2006 Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), April 11, 2006. Questions concerning the scope of the bid should be directed to Project Manager Syl Mireles, (970) 221-6815. Questions regarding bid submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: https:Hsecure2.fc-gov.com/bso/loqi'n.i'sp. 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable 215 North Mason Street • 2"" Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 WWWALov.com BID 5969 Traffic Control Services Annual 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. 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 projects, 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 2 result in non-payment to the Contractor for any illegal devices, delivery, set-up, modification or 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 II, 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 3 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 7:00 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 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. 2 I: Quantity The City is not obligated to take delivery of any minimum quantity of traffic control devices. J: Log 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. I. 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 5 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. [I 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 flagger 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. 7 The City shall not be responsible for any losses or damage due to theft or vandalism. P: Liquidated 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. 0 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 , 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 ( ) page and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit rrBrr, consisting of ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , and shall continue in full force and effect until , 200 , 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 ( ) 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. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without 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 SA January 2005 9 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Early Termination by City/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: 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. 6. 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 ( ) page(s), and incorporated herein by this reference. 7. 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. 8. 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 January 2005 10 Bidders must be properly licensed and secure necessary permits wherever applicable Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. game .O'Neill II, CPPO, FNIGP or of Purchasing and Risk Management hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. 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. 10. 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. 11. 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 workmanshiplworkwomanship 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. 12. 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. SA January 2005 11 13. 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 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. 14. 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. 15. 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 , consisting of ( ) pages[s], 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 SA January 2005 12 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. 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. 17. 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. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Sea]) CORPORATE SECRETARY SA January 2005 13 1�:1:tf7u:7 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: 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 10/97 14 CITY OF FORT COLLINS BID PROPOSAL BID #5969 Traffic Control Services Annual BID OPENING: April 11, 2006, 3:OOP.M. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR TRAFFIC CONTROL SERVICES PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids to provide traffic control services for the various City departments. For technical questions, please contact Syl Mireles, Traffic Operations, at 970-221-6815. For purchasing questions, please contact John Stephen, CPPO, CPPB, Senior Buyer, at 970- 221-6777. The attached Services Agreement (Exhibit "A") (EXAMPLE) must be signed after award of contract and proof of insurance (Exhibit "B") furnished by the successful vendor. The City reserves the right to negotiate with any vendor as meets the needs of the City and to reject any or all proposals. 1. Qualifications of Bidder: A. Qualified bidder must be doing business under the present business name for one year. B. Qualified bidder shall have sufficient manpower and equipment to accomplish said work in the required time. C. The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data as is reasonably required for this purpose. The Owner reserves the right to disqualify any bid, if the evidence resulting from the Owners investigation shows, in the opinion of the Owner, that the bidder is not properly qualified to prosecute the work described herein. 2. Bids shall include the following information A. Name of company representative responsible to resolve disputes, answer questions, etc. B. Resumes of major employees that will be working on this project including years of experience and years with the firm. C. List of equipment, trucks, etc. available to service the City. This information shall include age and condition of equipment. D. Bid schedules and Bid tab. E. Three (3) references specific to contracts longer than one job, ie. yearly contracts if possible. References must include contact name, date when work was completed and type of work. 3. Method of Award Contractor must fill out each Bid Schedule, A,B,C and take those prices and insert them into the Price/Unit on the Bid Tab, multiply by the Quantity to reach a sub -total for each Bid Schedule on the Bid Tab. Contract award will be based upon the lowest Project Total dollar amount written on the Bid Tab. The City may award this bid to more than one contractor. The City will not guarantee any quantities or dollar amounts of work per Contractor during the term of this contract. The City may use service evaluation forms to rate the Contractor performances after contract award. If performance is rated below average, the Contractor will have one week to correct any deficiencies. If not corrected within this time frame, the City has the option to terminate the contract, at no cost to the City, for the non -performing contractor. Contractor must meet the requirements of the Service Agreement. 4. Term of the Agreement This agreement shall be effective for a period of one year from the date on the Services Agreement, and will be renewable for four (4) additional one-year terms and at the option of the City and if the Contractor is agreeable to the same terms as contained herein. Prices shall remain the same for the first renewal term. A price increase may be negotiated for subsequent renewals. Such increases shall not exceed the Denver -Boulder CPI index. Billings and payments will be made using the prices listed on the Bid Schedule/s provided. Ninety days before the expiration of each one-year term, the City has the option of sending a renewal notice to the Contractor. In the event that a service is requested that is not listed on the Bid Schedule, the Contractor shall contact the City's Traffic Control Manager and Purchasing Department, to negotiate an appropriate unit price for the service. 2 BID FORM Bid Schedule " A " Contractor to provide all service, manpower and equipment. Traffic Control Supervisor (at job site) $ per hour Traffic Control Supervisor (at job site) $ per day Flag Person with paddle $ 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 11 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 $ 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 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 Type IV Barrier -Jersey Barrier $ per day per unit Size A Signs - 0.01 to 9.00 Square Feet Size B Signs - 9.01 to 16.00 Square Feet 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. Firm 3 Bid Schedule " B " Rental including Delivery and Pickup Only Flag Person with paddle Flag Person with paddle 36" Reflectorized Tube Vertical Panel without light Type I Barricade without light Type 11 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: C! $ 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 $ per day per set $ 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 cone $ per day per unit $ per day per roll $ per day per unit $ per day per unit $ per day per unit $ per day per unit Bid Schedule "C" Rental Only - Picked up and returned by City Personal Flag Person with paddle $ 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 $ 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 Firm [--.]I1110]VM,RLei Bid Schedule " A " (Contractor to provide all service ,manpower and equipment.) Description Price/Unit Quantity Total Traffic Control Supervisor (at job site) $ per hour 270 $ Traffic Control Supervisor (at job site) $ per day 3 $ Flag Person with paddle $ per hour 220 $ Flag Person with paddle $ per day 3 $ Vertical Panel without light $ per day per unit 191 $ Type I Barricade without light $ per day per unit 181 $ Type III Barricade without lights $ per day per unit 25 $ Light - Steady Burn $ per day per each 50 $ Light - Flashing $ per day per each 150 $ Barrels $ per day per unit 75 $ Size A Sign with stand $ per day per set 90 $ Size A Sign without stand $ per day per set 10 $ Size B Sign with stand $ per day per set 10 $ No Parking Sign with stand $ per day per unit 200 $ Specialty Sign Size A -Cost of Manufac. $ per sign 5 $ 28" Cone with reflective strip $ per day per cone 285 $ 36" Cone with reflective strip $ per day per cone 100 $ Safety Fence $ per day per roll 10 $ Arrow Board $ per day per unit 3 $ Message Board $ per day per unit 1 $ Type IV Barrier -Jersey Barrier $ per day per unit 50 $ Bid Schedule " B " Rental including Delivery and Pickup Only Flag Person with paddle Flag Person with paddle 36" Reflectorized Tube Vertical Panel without light Type I Barricade without light Type 11 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 SUB -TOTAL SCHEDULE "A" Price/Unit 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" Bid Schedule "C" Rental Only - Picked up and returned by City Personal Price/Unit Quantity Total Flag Person with paddle $ per hour 30 $ Flag Person with paddle $ per day 2 $ Vertical Panel without light $ per day per unit 135 $ Type I Barricade without light $ per day per unit 70 $ Type III Barricade without lights $ per day per unit 10 $ Light - Steady Burn $ per day per each 30 $ Light - Flashing $ per day per each 180 $ Size A Sign with stand $ per day per set 35 $ Size B Sign with stand $ per day per set 12 $ Size B Sign without stand $ per day per set 4 $ No Parking Sign with stand $ per day per unit 75 $ Specialty Sign Size A -Cost of Manufacturing $ per sign 5 $ Specialty Sign Size B-Cost of Manufacturing $ per sign 5 $ 28" Cone with reflective strip $ per day per cone 75 $ Hand Paddle with 5' Handle $ per day per unit 3 $ Safety Fence $ per day per roll 18 $ Arrow Board $ per day per unit 5 $ Message Board $ per day per unit 1 $ Signature and Title Company Name SUB -TOTAL SCHEDULE "C" $ SUB -TOTAL SCHEDULE "A" $ SUB -TOTAL SCHEDULE "B" $ SUB -TOTAL SCHEDULE "C" $ PROJECT TOTAL $ Typed or Printed Name of Signatory Telephone Number (Area Code) Address (Street, PO Box, City, State, Zip) Date