Loading...
HomeMy WebLinkAbout103118 KWAL HOWELLS INC - CONTRACT - BID - 7347 MAPO ATHLETIC FIELD PAINTr SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Kwal Howells, Inc, hereinafter referred to as "Service Provider'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 15, 2012 , and shall continue in full force and effect until April 14, 2013, 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 notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to Services Agreement Page 1 of 11 EXHIBIT B V. ESTIMATED QUANTITIES AND BID FORM THE QUANTITIES ARE ESTIMATES ONLY. AWARD WILL BE BASED ON LOWEST, RESPONSIVE AND RESPONSIBLE PRICE PER GALLON. QUANTITY COLOR PRICE PER GALLON 16,275 GALLONS WHITE YELLOW, RED. GREEN, BLUE, ORANGE $ y 4,635 GALLONS $ VENDOR MUST SPECIFY MAXIMUM RECOMMENDED DILUTION RATIO C./oes = /S `✓ .Qe SIGNATURE PAGE �LT'In ✓i�l✓A YC rTe .✓1W,4 rc .� The undersigned Bidder, having examined these documents, and having full knowledge of the condition under which the work described herein must be performed. hereby proposes that he will fulfill the obligations contained herein in accordance with all terms, conditions, and specifications set forth, and that he will furnish all required products and pay all incidental costs in strict conformity with these documents, for the stated prices as payment in full. Submitting Firm: Partnership, LLC, or PC?) Address: Telephone Number: 72Q - L$ 6 - f8S Name of Agent (print/type): /?%%t2 Tie4e�v 5.4.' Title: Author Date: Attest: My Commission Expires: _ CORPORATE SEAL Services Agreement Page 10 of 11 . 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. 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. Services Agreement Page 11 of 11 ACOR" CERTIFICATE OF LIABILITY INSURANCE �� 6/29/2012 DATE (MM/D D/YYYY) 4/11/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Lockton Companies, LLC-I Kansas City - 444 W. 47th Street, Suite 900 Kansas City 641 12-1906 (816) 960-9000 CONTACT PHONE FAX A/C No): EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC /f INSURER A: Chards Specialty Insurance Company A XV 26883 INSURED CONIEX NORTH AMERICA, INC. 1072127 KWAL-HOWELLS.INC. INSURERS: Commerce and Industry Insurance Company A XV 19410 INSURERC: ATTN: PAMELA WASHBURN INSURER D: XL Specialty Insurance Company A XV 37885 5575 DTC PARKWAY, SUITE 100 - INSURER E: INSURER F: COVERAGES coMHGR62F FK CERTIFICATE NUMBER: 11732272 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DO/YYYY LIMITS A GENERAL LIABILITY X MMERCIAL GENERA I BIUTY Y N 1950155 6/29/2011 6/29/2012 DAMAGE TO RENTED PREMISES R occurrence) S 1,000,000 MED EXP (Any oneperson) S 10,000 CLAIMS -MADE X OCCUR PERSONAL& ADV INJURY S 1,000,000 GENERAL AGGREGATE S 1000.000 PRODUCTS - COMP/OP AGG $ 2,000,000 GGEEN'L AGGREGATE LIMIT APPLIES PER: X 1 POLICY I nI JECT LOC S B AUTOMOBILE LIABILITY N N 8087121. 6/29/201 1 6/29/2012 COMBINED SINGLE LIMIT accident) $ 1 0 0.000 X BODILY INJURY (Per person) S XXXXXXX ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident S XXXXXXX X PROPERTY DAMAGE (Par accident) $XXXXXXX HIRED AUTOS 'X NON -OWNED TOS X s XXXXXXX 3k Culp Ded X 3k Coll Ded UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX E%CESS LIAB CLAIMS -MADE AGGREGATE $ XX XX' TDED RETENTIONS S XX X XX D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMSER EXCLUDED? N N / A N RWD9435148-07 9/1/2011 9/1/2012 X WC STATU- TORYLIMITS OTH- ER E.L. EACH ACCIDENT S 0 E.L. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory in NH) nd If yes, describe under E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY COVERAGE, ONLY AS REQUIRED BY CONTRACT, SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. UrKilrwAIrNULutr< CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11732272 AUTHORIZED REPRESENTATIVE CITY OF FORT COLLINS ATTN: PURCHASING AND RISK PO BOX 580 FORT COLLINS CO 80522 I zw0dA4;%0 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD c 1988-201 O A00FID CORPORATION. All rights reserved SCHEDULE OF NAMED INSUREDS COMEX NORTH AMERICA, INC. F/K/A COMEX GROUP, INC. COMEX GROUP, INC PROFESSIONAL PAINT, INC. FRAZEE INDUSTRIES HOLDINGS, INC. FRAZEE INDUSTRIES, INC. KWAL-HOWELLS HOLDINGS, INC. KWAL-HOWELLS, INC. PARKER PAINT HOLDINGS, INC. PARKER PAINT MFG. CO., INC. FRAZEE FRANCHISE CORP. STELLAR PAINT (DBA) SOPHIR MORRIS HOLDINGS, INC. SMC ACQUISITIONN CORP. THE SOPHIR COMPANY STELLAR KWAL PAINT (DBA) STELLAR ACQUISITION CORP. STELLAR HOLDINGS, INC. DUCKBACK ACQUISITION CORP. DUCKBACK PRODUCTS (DBA) DUCKBACK HOLDINGS, INC. CLASSIC PAINT (DBA) KWAL PAINT (DBA) IDEAL PAINTS (DBA) COMEX USA, INC. POWDERHORN ACQUISITION CORP. STELLAR ACQUISITION DBA AMERIMEX PAINT CENTERS COLOR WHEEL PAINT MFG. CO., INC. COLOR WHEEL PAINTS AND COATINGS COLOR WHEEL PAINTS THE PAINT STORE COLOR WHEEL DECORATING CENTER STRUBE PROPERTIES, LTD. STRUBE HOLDINGS, INC. COLOR WHEEL ACQUISITION CORP. COLOR WHEEL HOLDINGS, INC. COMEX GROUP IP, INC. COMEX ENVIRONMENTAL GROUP, INC. *AS RESPECTS PRODUCTS SOLD IN THE UNITED STATES Miscellaneous Attachment: M85936 Master 10: 1072127, Certificate 10: 11732272 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: Copy to: Service Provider: City of Fort Collins City of Fort Collins Kwal Howells, Inc Attn: Purchasing Attn: Rick Jordan, Crew Chief, 5575 DTC Parkway #100 PO Box 580 Parks Dept. Greenwood Village, CO Fort Collins, CO 80522 PO Box 580 80111 Fort Collins, CO 80522 Attn: Mike Jablonski, Government Channel Sales 720-256-9856 m'ablonski kwal aint.com 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 "B", 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 Services Agreement Page 2 of 11 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. Warran . 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 workmanshiptworkwomanship 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 often (10) days within which to cure said default. In the event the default Services Agreement Page 3 of 11 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. 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 C, 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 Services Agreement Page 4 of 11 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. 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 a -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 Services Agreement Page 5 of 11 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 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. Services Agreement Page 6 of 11 CITY OF FORT COLLINS, COLORADO a municipal corporation �� 4� B . �., Ja B./O'Neill II, CPPO, FNIGP Director f Purchasing and Risk Management Date:�b 4— Kwal Hqwells, Inc BAdA*-�- Le-k- --- �\a Cr-� jC- cr�cL.10 ►\W CORPORAT P ESIDENT OR VICE PRESIDENT Date: ATTEST: (Corpor to Seal) CORPORATE SECRETARY Services Agreement Page 7 of 11 EXHIBIT A SPECIFICATIONS FOR FIELD MARKING LATEX PAINT 1) GENERAL • Paint to be Acrylic Modified Vinyl Flat that is recommended for temporary marking paint for use on grass, artificial turf and gravel tracks. Paint is readily removable and will not be used where durability is required. • Paint to contain no lead and complies with EPA's voluntary 33/50 program. • Paint must be able to be applied by brush, roller, conventional or airless sprayer. • Paint to be set to touch within 30 minutes and thoroughly dry within 1 hour. • Clean up must be with water only or water with soap. • Paint must not be allowed to freeze. • The specification shall be considered a minimum specification. • Minimum ingredient (or approved equal) specification is: A. Water Calcium Carbonate Titanium Dioxide Propylene Glycol Crystalline Silica -Quartz Approved equal B. (+or- 2%) Pigment TiO2 Carbonate Vehicle 45-<60 weight percent 10-<20 weight percent 10-<20 weight percent 1-<5 weight percent 1-<5 weight percent 47% 10% 37% 53% 2) ORDERING and DELIVERY REQUIREMENTS • Awarded vendor must deliver paint only when ordered by an agency and in quantities specified. • Minimum paint ordered maybe 10 (ten) gallons. • Paint must be delivered in 5 gallon container. • Delivery must be within 48 hours ARO. Awarded vendor must provide MSDS to each agency prior to paint delivery. 3) COOPERATIVE BIDDING Other governmental agencies may be extended the opportunity to purchase off this Bid with the agreement of the successful vendor(s) and the participating MAPO Agencies. Requests for participation of other Agencies will be coordinated by the MAPO Agency hosting the Bid The Host Agency may notify the vendor(s) and the Agency wishing to participate, in writing. Participating MAPO Agencies include Cities of Denver, Fort Collins, Loveland, Longmont, and Town of Parker, and School Districts of Cherry Creek, Adams 12 Five Star Schools, Brighton School District 27J, and Boulder Valley School District acting collectively through their authorized procurement officials for the purchase of athletic field paint. Services Agreement Page 8 of 11 4) Host Agency City of Fort Collins requests that the awarded vendor submit an annual report summarizing the number of gallons of white and colors purchased by Agency under this agreement at the time of annual contract renewal. Reports are to be preferably in MS Excel format and emailed to purchasing(a)fcgov.com . Services Agreement Page 9 of 11