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Home My WebLink AboutRESPONSE - BID - 7345 TRAFFIC SIGNAL POLESvalmont -�'�• March 6, 2012 Mr. John Stephen Senior Buyer City of Fort Collins 215 North Mason Street, 2nd FL Fort Collins, CO 80522-0580 RE: Invitation to Bid # 7345 Traffic Signal Poles BOD March 9, 2012 @ 3:00pm Valmont Quote #179952-01 Dear Mr. Stephen: Valmont Industries, Inc. is pleased to provide the attached proposal for you above referenced project. Prices will be held firm for 45 days from the date of the bid opening. Freight is prepaid and allowed, FOB Destination. Poles are powder coated over galvanizing, including anchor bolts with steel templates. The standard insurance terms form the City need slight revisions for Valmont to accept. I have attached a summary review of these items. Please feel free to contact me or Kathy Heaney, Risk Manager, to discuss this summary in detail. Thank you for the opportunity to bid this project. 0 54, Matthew Burke Regional Manager Structures Division Valmont Industries, Inc. Cc: D. Meisterplass, MH Lighting Americas Lighting and Communication Structures Valmont Industries. Inc. 7002 North 288"' Street P O Box 358 Valley. Nebraska 68064-0358 USA 402-359-2201 800-825-6668 Fax 402-359-6221 valmont com valmontstructures.com Service Provider agrees to maintain the insurance coverage required by this Agreement in force with no lapse in coverage for the length of the Agreement. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. 7345 TRAFFIC SIGNAL POLES BID SCHEDULE Standard Mast Arm Length Finish Quantity Unit Cost Extended Cost S-614-40A with 15' luminaire mounted at 30' 20 Powder Coat over Galvanized 1 c1 /, 7q5 15 S-614-40A with 15' luminaire mounted at 30' 25 Powder Coat over Galvanized 2 91 y SO p9 py S-614-40A with 15' luminaire mounted at 30' 30 Powder Coat over Galvanized 5 05 7 525 S-614-40A with 15' luminaire mounted at 30' 35 Powder Coat over Galvanized 5 19 qb-29, S-614-40A with 15' lurinaire mounted at 30' 55 Powder Coat over Galvanized 1 615 j [D IS Total of unit costs $ $ Base Bid Total $ 39 2 25 In Words: iOi/L@ JAI.yrE�,d-AidzA-NjA16 t4c LL--arL , Am AjA451� SEV�-'�4 Atti✓E efolla 5. Delivery Time: 1(.yEl��5 CITY RESERVES THE RIGHT TO AWARD IND VIDUALLY OR AS A GROUP FIRM NAME VA�Y�'�OrV� d�, V1. 4 �4e--� Are you a orporation Partnership, DBA, LLC, or PC SIGNATURE N � 0— ADDRESS PHONE/FAX # PRINTED: ► ,IIt1GLL/ r if&-U, I SoGsq - 0358 E-MAIL ADDRESS 1- T (� VALI�QNT= C-0!11 WARFA BID 7345 Traffic Signal Poles Page 4 of 28 Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C: 5323U)(1) BID 7345 Traffic Signal Poles Page 23 of 28 The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and associated equipment Certificate of Compliance with 49 U.S.C. 5323U)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S. C. 5323U)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title 11. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. BID 7345 Traffic Signal Poles Page 24 of 28 Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 12. LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7. which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant underthe Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A. 49 CFR PART 20—CERTIFICATION REGARDING LOBBYING BID 7345 Traffic Signal Poles Page 25 of 28 Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10.000 and not more than $100.000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition. the Contractor understands and agrees that the rovisions of 31 U.S.C. A 3801, et seq.. apply to this certification and disclosure, if any. lx ii Signature of Contractor's Authorized Official ��1� Name and Title of Contractor's Authorized Official �o.rq� a �Y Mitxcl,. L Zo i Date 13. CLEAN AIR BID 7345 Traffic Signal Poles Page 26 of 28 Burke, Matthew T. From: Heaney, Kathy Sent: Friday, March 02, 2012 1:50 PM To: Burke, Matthew T. Subject: Revisions to City of Fort Collins Insurance Requirements Attachments: SKMBT_C55012030213310.pdf Matt, Attached are the revisions that I made to the insurance requirements for the City of Fort Collins, It looks worse than it is. If it is of any help, below are the explanation for the changes: Remove "acceptable to the City" and replaced with "with an A.M. Best rating of at least A-" This gets rid of the ambiguity, but would not be something major if the change could not be made. 2. Remove "class of operations covered" as neither our insurance broker nor I understood what they meant and what they were looking for. If it helps any, we issued our certificates on ACORD Form 25 (2010/05), which is an insurance industry standard form. 3. Remove "and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, expect after ten (10) days written notice has been received by the City of Fort Collins," This language cannot be put on a certificate. Our broker is legally prohibited from doing so. In addition to it being legally prohibited, there are a lot of other issues with this wording. I have included some suggested wording that might help. This wording would not be on the certificate, but would be in the contract. 4. Remove "the City may deem proper" and replaced with "required by these Insurance Requirements." Too ambiguous as is. If we were to breach the requirements, then they can take out any insurance that they deem appropriate. Does not state it needs to be within the insurance requirements. As with change # 1, we can probably live with it as is. We don't plan on breaching the insurance requirements as long as the changes 2, 3, and 5 can be made. 5, Remove "named" and replace with "included." Being named means we need to have our insurance carrier issue a separate endorsement to our policy. With over 1,000 active certificates it would not be possible to separately endorse all customers onto our policy. Therefore, we have a blanket additional insured endorsement on our general liability and automobile policies which states "Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss." Therefore, just by way of stating in the contract that they are "included" as an additional insured is all that is needed given our blanket additional insured endorsement. The certificate that we issue will contain the following statement: "Business Auto Coverage: Additional insured and loss payee included in coverage where required by written contract, as interest t may apply. General Liability Coverage: Additional insured and Waiver of Subrogation included in coverage where required by written contract, as interest may apply." Please let me know if you have any questions. Kathy Kathy Heaney I Risk Manager I Valmont Industries, Inc. One Valmont Plaza 1 13815 FNB Parkway I Omaha, NE 68154-5215 Direct: +1 402.963.1119 1 Fax: +1 402.963.1198 1 Mobile: +1 402.689.5750 E-mail: kathv.heanev@valmont.com From: 5thFloorBizhubno valmont.com[mailto:5thFloorBizhub@valmont.com] Sent: Friday, March 02, 2012 1:31 PM To: Heaney, Kathy Subject: Message from KMBT_C550 2 EXHIBIT" INSURANCE REQUIREMENTS�— % 1. The Service Provider will provide, from insurance companies) the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid_ibe.S=ice ard Provider shall furnish the City with certificates of insurance showing the type, amount' � — effective dates and date of expiration of policies a g +Islemsi�M- _ 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 and may deduct the cost of such insurance from any monies which may be due or become due the Ser_rdce Provider _ I under this Agreement. The City, its officers, agents and employees shall betas additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims aif work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 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. CC WC/ vll--� BID 7345 Traffic Signal Poles Page 13 of 28