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Home My WebLink About470559 J & A TRAFFIC PRODUCTS LLC - CONTRACT - BID - 7199 MAPO TRAFFIC SIGN POSTSSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and J & A Traffic Products, 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: Scooe of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 15, 2011, and shall continue in full force and effect until April 14, 2012, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) 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 Service Agreement 7199 MAPO Traffic Sign Posts Page 1 of 10 EXHIBIT "C" 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. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Service Agreement 7199 MAPO Traffic Sign Posts Page 10 of 10 ACORD CERTIFICATE OF LIABILITY INSURANCE 041082011201Y1) 4/0 PRODUCER (913) 649-7800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SHE GERBER INSURANCE GROUP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5200 W. 94th TERRACE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SUITE 110 PRAIRIE VILLAGE KS 66207— INSURERS AFFORDING COVERAGE. NAIC# INSURED INSURERA: Hartford Casualty Ins.Co. INSURER B: Hartford Underwi rters Ins J S A TRAFFIC PRODUCTS 627 NW VALLEY RIDGE INSURER C: INSURER D: / INSURERS GRAIN VALLEY MO 64029- rnvcaer.Fs THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION$ OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADOL INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTI� DATE(MM D/YY POLICYEXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIALGENERALLIABILDY CLAMS MADE FRIOCCUR 37SEAAX7590 09/24/2010 / / / / 09/24/2011 / / / / EACH OCCURRENCE $ 1,000,000 DAMAGETORENTED PREMISES Ea oca . $ 300, 000 MEDEXP( ow son $ 10,000 PERSONAL B ADV INJURY a 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: 7PRODUCTS-COMPOP X POLICY JECT LOC AGG $ 2,000, 000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWN'DAUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS 09/24/2010 / / / / 09/24/2011 / / / / COMBINED SINGLE LIMIT (Ea accident) 5 1,000,000 BODILY INJURY (P. PBfS°) 9 X BODILY INJURY (Pa accident) 5 X PROPERTY DAMAGE (P,acddent) $ GARAGE LIABILITY ANY AUTO / / / / AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG E EXCESSIUMBRELLA LIABILITY OCCUR CLAMS MADE DEDUCTIBLE RETENTION S ' / / / / / / / / EACH OCCURRENCE $ AGGREGATE $ II $ 6 B WORKERS COMPENSATION AND EMPLOYERS' L ABILITY ANY PROPRIETORIPARTNER,EXECUTNE OFFICERIMEMBER EXCLUDED? II ym, tl scrbe a eer SPECIAL PROVISIONS E I. 37WECXD7371 10/28/2010 10/28/2612 X TORYLIMRS ER E.L EACH ACCIDENT $ 100,000 E.L. DISEASE -EA EMPLOYEES 100,000 EL DISEASE -POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERAnONSILOCATIONSNEHICLESFFXCLUSIONS ADDED BY ENDORSEMENTISPEGAL PROM SIONS City of Fort Collins is an Additional Insured where required by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Purchasing Dept. EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT City of Fort Collins FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE .. 215 N. Mason INSURER, ITS AGENTS OR REPRE ENTATNES. 2nd Floor RQEDREPRESE An Fort Collins CO 80524- C� ACORD 25 (2001/08) - 0 ACORD CORPORATION 1988 ATM INS025 (DIDB).US ELECTRONIC LASER FORMS, INC. - BD W7-D 5 Pape 1 d2 �>-v err ev:a,. .,.., vu- au •w ,ti. .wwr uoaa ai n.e rnn Da. J'JJ JJJ U1J4 1. UU 1/ UUI c(:R& CERTIFICATE OF LIABILITY INSURANCE OP+Dse 10 06 16 THIS CER71FICATE IS I SUED AS A NATTER OF INFORMATION ONLY AND CONFERS WO FUGHTS UPON THE CERTIFICATE HOLDER THI5 CERTIFICATE DOES HOT AFFIRMATIVELY OR NEGATIVELY AMEND, E)REND OR ALTER THE COVERAGE AFFORDED SY THE PMMES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTNORMD REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the ce)dhcete, ncidw is tin ADDITIONAL lN5URED, the pD91.y(Id must buenclomW If 111MROGAMN IS WAIVM. subject to the terms and conditions of the po icy, certain polidee may requim an cr4orsemem. A statement on thin ceftfkete does not confer dghte to the. Dartifltate holder In lieu of such endomement(s)• ' ,race Mel toots Co., Inc. Tana n Depait8 t �: 3210 F. 35ch 3t t Coert WZQU_y Davenaanrt IA 52007-3740" Phone: 563-359-5446�� '""'�° �•. arffitp 3na�eara 14194 �semt S204Kns 27m=aa; nw p e 24 aamw Meter= XL 62555-0024 arras .roan .sneer. lR 1Y�iC193'��3:111➢ir�/-{�NL11::a:_ :ri'1:9Iq: \;1 n:'.I:1::� nN4ieL' YWTiKMYE1Ar,ONYIS.CItpinGrYKaaMMl111®reTnlall�IY.fO110E/d MR.ICII/IOD Y�.iR ,YMRSnI,TL M1GO1fdW,I. RIY O,0Yt0,V 11V OflwifOl VIIIAOJ[Iaf.lOi1®6fW IIIg1i1,4 Q�„.`1Jn W.4�PMWYl,W.tW YIYY.Y1®.1',1p,ppippWlplYm,.pYpipNlyiQ.� fiL166YrG COIQIO,.Yt•DiRraY.InOrM11bT11VIfa�n\wraewa.00ww .m manraunc r.a .m.wr .�. ®O'"""'""^T A ��___emwon mewemer � u[w..a QI ama IC)703a 1D/Obj10 3D/OS/11 vc.aeevaLo i ] ODO 000 +eaw a 300 000 ,awsa.r.v.0 . S OOD yt mor.aeaam\ r 2,00D ooD A wmeo[yla+un I.wwo T[77019 10/D5/10 10/05/11 L01aMFDar11ElYI r ],eeD,doD mTaa.,,,�rdl , uaare>.van X aamamwrti mT.uwrer..,.o wav,.MV r.dra [ ' X +m.um� Jaroe:eewrm [ wbbL6oYfee.Td, se4i1F 6» prenw,vem+mr ❑ 4e6+i-PrIWi Nrsasl.rl f,u YW1Yt•' m�eedaYun�r EI WGaI•AIOTWf . A CARM X77013 W05110 10/05/11 LZNXT 100,000 DSD. 1 006 v..mnm r caw. AL HIM AL iRZ1Sb'Da Ie 157[47,DDID1 Dal 14� l101i6 LWIY \IIff� 016-220-3197 WXD OMY CMM rAXV 6 .71A 4rhme 627 VALl" KMG15 C1r1= CWlllf VAIAM NO 64029 rmnrrs ae..we®.am r aay.m rs� aiASAA9 savLelrep[i,�eYtOrsm,.ePr e®ra�stroGT.\rra .oe®emave ACORD 25 (2011M) The ACORD name and logo we mSW6' d marks of ACORD the following addresses: City: Service Provider: City of Fort Collins J & A Traffic Products Attn: Purchasing Attn: Jeff Mindham PO Box 580 790 W. 40 Highway Fort Collins, CO 80522 Blue Springs, MO 64015 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 "A", consisting of one (1) page, 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 considered as an agreement for personal services. Accordingly, the Service Provider shall. neither assign any responsibilities nordelegate any duties arising underthe Agreement without the priorwritten 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 Service Agreement 7199 MAPO Traffic Sign Posts Page 2 of 10 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 parry should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting parry commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting partyforthe non - defaulting party's reasonable attorney fees and costs incurred because of the default. Service Agreement 7199 MAPO Traffic Sign Posts Page 3 of 10 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction 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. Service Agreement 7199 MAPO Traffic Sign Posts Page 4 of 10 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate Service Agreement 7199 MAPO Traffic Sign Posts Page 5 of 10 the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Service Agreement 7199 MAPO Traffic Sign Posts Page 6 of 10 CITY OF FORT COLLINS, COLORADO a municipal corporation Jame B. 'Neill II, CPPO, FNIGP Direct o Purchasing and Risk Management Date: � jW I I( J & A Traffic Products B PRINT NAME '�� J I � I t,� l n0�T CORPORATE PRESIDENT OR VICE PRESIDENT Date: I -1 I ATTEST: (Corporate Seal) CORPORATE SECRETARY Service Agreement 7199 MAPO Traffic Sign Posts Page 7 of 10 EXHIBIT "A" SCOPE OF WORK IV. SPECIFICATIONS 1. SECTION 1 SIGN POSTS (TELSPAR OR EQUAL) • Material Steel posts furnished shall conform to the Standard Specifications for Hot rolled Carbon Steel, commercial quality ASTM Designation A-569-72. Finish Material shall be hot dipped galvanized coating conforming to ASTM A525, Des. G-90. Zinc coating to form an excellent bond with the steel surface so as not to be affected by subsequent forming operations. Corner weld shall be zinc coated after scarifying operation. Exposed edges to be protected against corrosion by "sacrificial action" when zinc is present on intimate adjacent areas. • Shape The cross section of the post shall be square tubing formed of 12 gauge (.105 USS gauge) steel, carefully formed into six and, if necessary, shall be welded in such a manner that weld or flash shall not interfere with telescoping. • Holes Hole diameter shall be seven -sixteenth (7/16") plus or minus one sixty-fourth (1/64") inch on 1" centers, on all four sides, for the entire length of the post. Holes shall be on the center line of each side true alignment, and opposite to each other. • Length The length of each post shall be as specified, and have a permissible length tolerance of plus or minus one -quarter (1/4) inch. Cuts through holes will not be accepted. • Telescoping Properties The finished posts shall be straight and shall have a smooth, uniform finish. It shall be possible to telescope all consecutive sizes of square tubes freely and for not less than ten feet or their length without the necessity of matching any particular face to any other face. All holes and ends shall be free from burrs, and ends shall be cut square. • Delivery Requirements Delivery of these materials must be made in a flat-bed trailer for fork lift unloading; otherwise the order shall be refused, unless transporter agrees to unload on -site. Twenty-four (24) hour notice must be given prior to delivery. • Specifications The specifications shall be considered a minimum specification. Service Agreement 7199 MAPO Traffic Sign Posts Page 8 of 10 EXHIBIT " B" CONTRACT SUM V. BID FORM 2011 MAPO TRAFFIC SIGN POST BID SCHEDULE BID 7199.2011-169 SECTION 1. SIGN POSTS Length in Quantity Cost feet each 1. TELSPAR (OR EQUAL) 12 GAUGE 1" Perforated Square Post 10 25 $ IJlA J 1 3/4 " Perforated Square Post 8 150 $ 16.50 u0 Z'�!S 1 3/4" Perforated Square Post 10 3,575 $ 20 &3 `73, 752.ZS 1 3/4" Perforated Square Post 12 300 $ l 4 59 1 7 977 0° 2" Perforated Square Post 10 100 $ y y V J y Z 38. co 2' Perforated Square Post 11 1600 $ 2 bL j j" 3y2 co 2" Perforated Square Post 12 2500 $ 2oc 2. TELSPAR (OR EQUAL)14 GAUGE 1 3/4" Perforated Square Post 10 300 $ l . 6 7 13/4" Perforated Square Post 11 100 $ OF 1 3/4" Perforated Square Post 12 100 $ 17.54 ' / 754 pO 2" Perforated Square Anchors 3 700 $ .S 37 J .3 -75y: cc' 3. TELSPAR (OR EQUAL) 12 GAUGE Y.307. 1 1/2" Perforated Square Anchors 1 1/2 100 $ 3.o 7 60 1 3/4" Perforated Square Anchors 2 100 $ 4.55 0r�lp�,D' 2" Perforated Square Anchors 3 1000 $ , 7b 2 1/4" Perforated Square Anchors 3 200 $ '! Total Cost $ TOTAL COST IN WgRDS: �7f /GUuNw:"12 7Zy//f' ri�°dsFNl .• uoitix • % N C DOLLARS BID REQUEST 7199 - MAPO TRAFFIC SIGN POSTS PAGE 15 OF 25 Service Agreement 7199 MAPO Traffic Sign Posts Page 9 of 10