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HomeMy WebLinkAbout130882 LABOR READY CENTRAL INC - CONTRACT - BID - 7357 FLAGGER SERVICESSERVICES 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 Labor Ready Central Inc., hereinafter referred to as "Service Provider". W ITNESSETH: 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 three (3) pages and 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. [Early Termination clause here as an option 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 BID 7357 Flagger Services Page 1 of 11 Flagger overtime will NOT be paid for under this contract. If in the opinion of the City Representative, any flagger is not suitable for use or operation of the work, the Contractor will be required to replace the flagger within one (1) hour, which will allow the City to perform their work to industry standards. 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 his employee in connection with the performance of this work. The Contractor should contact the City Traffic Control Manager if their standards set forth from the MUTCD (Manual on Uniform Traffic Control Devices) and the City of Fort Collins Work Area Traffic Control Handbook is being compromised. The Contractor shall not be expected to compromise this responsibility. The City shall not be responsible for any losses or damage due to theft or vandalism. The Contractor shall make arrangements so that they are available on every working day, "on call' at all times and available upon request of the City Representative during non working hours. A twenty- four (24) hour telephone number shall be provided to the City Representatives. The Contractor shall respond within 30 minutes or less. Services Agreement BID 7357 Flagger Services Page 10 of 11 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except afterlten-(+9 days written notice has been received bylthe City of Fort Collins." the Service Provider has endeavored to give thirty (30) to In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. 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 grgea`well as for claims for property damage, which may arise directly or ind reetly from the Jt�✓ performance of work under this Agreement. Goverage for property damage shall be m. . v 9 "broad farm" 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 BID 7357 Flagger Services Page 11 of 11 ACORD. CERTIFICATE OF LIABILITY INSURANCE 7nrzolz DA4/17/2012 4/17R012 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(les) most he endorsed. N 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 endomement(s). PRODUCER Lockton Companies, LLC Denver 8110 E Union Avenue Suite 700 Denver CO 80237 CONTACT M AI No Ext: DEC, No: E-MAIL ADD IN REMS) AFFORDING COVERAGE NAIC s (303)414-6000 INSURER A: National Union Fife Ins Co Pittsburgh PA 19445 INSURED Labor Ready 1332617 (See Attached Named Insured Schedule) 015 A Street INSURER B: New Hampshire Insurance Company 23841 INSURERC: Insurance Company of the Stare of PA 19429 INSURER PO Box 2910 N Tacoma, WA 98401 1354-1150 F: COVERAGES TRUBL02 LS CERTIFICATE NUMBER: 11736735 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. INS TYPE OF INSURANCE Arlima SUER W11,POLICY NUMBER MP MLIO EFF POLICY E§P UMW A GENERAL LIABILITY Y N 2449531 7/1/2011 7/12012 EACH OCCURRENCE JL 1000000 X COMMERCIAL GENERAL LIABILITY PREMISESETEaEONmTED ,,r 1000000 CIAIMS-MADE X�OCCUR MED FXP we XXXXXXX PERSONAL SADVINJURY § 1000000 X HostLlguorSIM X SIRSIM GENERALAGGREGATE § 5000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPMP AGO s 3000000 X POLICY P T LOC § A A AUrOMOBILEUABIUTY ANY AUTO Y N 3506395-AOS 3506386-VA 7/12011 7/12011 7/l2012 7112012 COMBINED SINGLE UMR Me ader�n 1,000,000 X BODIILLYLn Y INJURY Porl § J{XJQ(}(}(j( AAlU1TOSAlED [:]SCHEDULED AV BODRYINJURYIPereccitleM § XXXXXXX PROPERTY § X)�XXXXX• HIREOODAUi05 ABTOSEO §XXXXXXX UMBRELLA IIAS HCILAWISAIADE OCCUR EACH OCCURRENCE § XXXXXXX UCESS LAB NOT APPLICABLE AGGREGATE 8 XXXXXXX DIED I I RETENTION 5 § B B G WORKERSCOMPENSATION LA AND EMPLOYERS-BILITY OFFIM®TE ECLLDED7 R❑N IWnYYuryn NH) n DESLRIPr10N OF "ON OFOPERATIONS biw NIA N 015883787-AOS&015883778 015883781FL&018831M 015883788-MA&015883783-0 eV I2011 /I/ /12011 7112012. 7/1 012 7112012 - OTH X T 4VC RYSTLATAT EL. AH ACCENT § 1,000,000 ELOISFASE-EA EMPLOYEE 1000000 ELOISEPSE-PCl1CYlNR 1 1000DDO A Excess Work Comp N N 1192421-QSI 7/12011 7/12012 WC- Story, EL Limit$1,DD0,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ItAUaell ACORD 101. AddlBensl Remar s Scl.edule. K more span Is nquirM) The above Coverages apply only to Temporary Labor Ready employees dispatched to do work on behalf of the Certificate Holder. The City of Fort Collins, its officers, agents and employees are named as Additional Insured per written Contract between Labor Ready and the City of Fort Collins as respects General and Auto Liability. 11736735 of Fort Collins P Box 560 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE FJ(PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. rh. Anon ...... and 1.r.,. ew rorytefaren m2Ar. M Arnran SCHEDULE OF NAMED INSUREDS Labor Ready Affiliates' States of Operation Please refer to the chart below to find the Labor Ready entity Named Insured for the state in which temporary workers are dispatched to work. Labor Ready Entity Labor Ready Northeast, Inc. Labor Ready Southeast, Inc. Labor Ready Mid -Atlantic, Inc. Labor Ready Central, Inc. Labor Ready Midwest, Inc. Labor Ready Northwest, Inc. Labor Ready Southwest, Inc. Labor Ready, Inc. Labor Ready Holdings, Inc. Spartan Staffing, LLC Spartan Staffing Puerto Rico, LLC PTPR, Inc. Job Rooster, Inc. Centerline Drivers, LLC Venue Ready, LLC PlaneTechs, LLC Drivers on Demand, LLC TrueBlue Enterprises, Inc. TrueBlue Inc. PAC States of Operation Connecticut, Maine, New Jersey, Delaware, Maryland, New York, District of Columbia, Massachusetts, Pennsylvania, Rhode Island, New Hampshire, Vermont Alabama, Kentucky, Louisiana, Georgia, Mississippi, Florida Indiana, Ohio, Virginia, North Carolina, South Carolina, West Virginia, Tennessee Arkansas, Missouri, Texas, Colorado New Mexico, Wyoming, Kansas, Oklahoma Illinois, Minnesota, South Dakota, Iowa, Nebraska, Wisconsin, Michigan, North Dakota Alaska, Montana, Oregon, Hawaii, Washington, Idaho Arizona, Utah, California, Nevada Miscellaneous Attachment: M 19451 Master ID: 1332617, Certificate ID: 11736735 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M. 07/01/11 forms a part of Policy No. 2449531 Labor Ready Northeast, Inc.; Labor Ready Southeast, Inc.; Labor Ready Mid -Atlantic, Inc.; Labor Ready Central, Inc.; Labor Ready Midwest, Inc.; Labor Ready Northwest, Inc.; Labor Ready Southwest, Inc.; Spartan Staffing, LLC; Venue Ready, LLC; PlaneTechs, LLC; TransTechs; & Centerline Drivers, LLC and GL 2449532 CLIP Resources, Inc. & Project Trade Solutions, LLC Issued to Spartan Staffing, LLC; CLIP Resources, Inc.; Centerline Drivers, LLC; PlaneTechs, LLC; Project Trade Solutions, LLC; & Venue Ready, LLC By National Union Fire Insurance Company ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability caused in whole or in part: A. by your acts or omission in the performance of your ongoing operations; or B. in connection with your premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: • The coverage and/or limits of this policy, or • The coverage and/or limits required by said contract or agreement. Miscellaneous Attachment : M56029 Certificate ID : If 736735 ENDORSEMENT This endorsement, effective 12:01 A.M. 7/1/2011 forms a part of Policy No. CA 3506385 & 3506386 issued to Labor Ready Northeast, Inc.; Labor Ready Southeast, Inc.; Labor Ready Mid -Atlantic, Inc.; Labor Ready Central, Inc.; Labor Ready Midwest, Inc.; Labor Ready Northwest, Inc.; Labor Ready Southwest, Inc.; Spartan Staffing, LLC; CLP Resources, Inc.; Centedine Drivers, LLC; PlaneTechs, LLC; Project Trade Solutions, LLC & Venue Ready, LLC by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modified insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: "Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person or organizations liability arising out of the use of a covered "auto" I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/05) Miscellaneous Attachment : M 103493 Certificate ID : 11736735 LABOR REA©Y. Dependable Temporary labor 4/17/12 RE: 30 days notice of cancellation To Whom It May Concern: It is agreed that Labor Ready will mail 30 days notice of cancellation to City of Fort Collins where written notice of cancellation regarding the policies is required per written contract or agreement between Labor Ready and the above certificate holder. Labor Ready Department of Insurance and Safety P.O. Box 2910 1015 A Street Tacoma, WA 98401 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 Labor Ready Central Inc Attn: Purchasing Attn: Attn: Tavi Whitham PO Box 580 PO Box 580 1708 E. Lincoln Ave #4 Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on an hourly basis according to the following schedule: Flag Person $14.59 per hour Monthly partial payments based upon the Professional's billings are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 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 Services Agreement BID 7357 Flagger Services Page 2 of 11 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 nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment . incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. Services Agreement BID 7357 Flagger Services Page 3 of 11 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific 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 negligent 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) Services Agreement BID 7357 Flagger Services Page 4 of 11 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. 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 Services Agreement BID 7357 Flagger Services Page 5 of 11 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 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 BID 7357 Flagger Services Page 6 of 11 �•cO���Y`3 FETES7 r) av C' Clerk C_6 h APPR O FORM: Assi nt City Attorney Contracts Manager Services Agreement BID 7357 Flagger Services CITY OF FORT COLLINS, COLORADO a municipal corporation By: V James B.O'Neill II, CPPO, FNIGP Dire cto f Purchasing and Risk Management Date: �.0 17 LABOR READY CENTRAL, INC. By �'hrb r�tiei �r�P�c�(c PRINT NAME CorlFrq,gc A)mgKfin. or GGRP E)DATE PRESIDE, IT 03191 VIGE PRESIDENT Authorized Representative Date: Page 7 of 11 EXHIBIT A SCOPE OF WORK The Scope of Services covers the requirements for providing Flagger 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 Flagger Duties All flaggers working within the 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). Flaggers shall posses a current ATSSA - American Traffic Safety Services Association certification or the Colorado Department of Highways Flagger Certification Program or other City approved certification programs. This certification shall be on file with the City. Valid certification card must be presented to the City Traffic Control Manager for each person (flagger) on the job. Flaggers must have a minimum of six (6) months experience. The hourly and daily rate charge for flagger personnel shall include a properly equipped flagger, (i.e. flagger vest, orange hard hat, slow -stop paddle and two-way radio when required.) The Contractor must certify their employees as required by this contract without expense to the City. All flag personnel must carry proof of certification and present it when requested by a City representative. Flagger duties shall include, but not be limited to: (1) Protect project personnel and provide safe, courteous and authoritative direction to traffic seeking passage through the work area. (2) This duty shall be carried out with authority and dignity. (3) When performing as a flagger, always stand alone; never stand and engage in casual conversation among the workers, the traveling public or other individuals while flagging in the public right of way. (4) To avoid hindering the sight distance for motorist or causing other obstructions, flaggers shall park their personal vehicles well off the roadway and not close to the flagger station. (5) Never engage in arguments with occupants of a vehicle, pedestrians or bicyclists. It is important that you be courteous yet brief in your conversation with them. (6) If a driver, pedestrian or bicyclist refuses to obey instructions, you shall record a general description of the car and driver, the vehicle license number and the circumstances involved, then report this information to the supervisor as soon as possible without deserting your post. Cell phone use is NOT ACCEPTABLE while flagging in the public right of way. (7) Perform flagger duties in adverse conditions and shall be prepared, equipped for all weather conditions. (8) Neat and official appearance is important to aid in identification and to command respect. Services Agreement BID 7357 Flagger Services Page 8 of 11 B: Conformity All flag personnel equipment used in the City right of way under the terms of the contract shall meet or exceed the minimum standards set forth in the most current issue of the Manual on Uniform Traffic Control Devices (MUTCD), City of Fort Collins Work Area Traffic Control Handbook and or as per City of Fort Collins Service agreement. Flagger safety apparel: For daytime and nighttime activity, flagger shall wear safety apparel meeting the requirements of the ISEA "American National Standard for High Visibility Apparel" and labeled as meeting the ANSI standard performance for Class 2 risk exposure. The apparel background outer material color shall be either fluorescent orange -red or fluorescent yellow -green as defined in the standard. The retroreflective material shall be orange, yellow, white, silver, yellow -green, or a fluorescent version of these colors and shall be visible at a minimum of one thousand feet (1,000 ft). Hard hats shall be orange in color. Faded safety vests and hard hats will not be permitted. For nighttime activity the safety apparel meeting the requirements of the ISEA "American National Standard for High Visibility Apparel and labeled as meeting the ANSI standard performance for Class 3 risk exposure shall be considered for flagger wear instead of the Class 2 safety apparel in the standard above. Proper attire for all weather conditions. These devices will not be measured and paid separately, but shall be included in the flagger cost Stop / Slow Paddle: Hand signaling devices, such as the Stop / Slow paddles are used to control road users through the work zone. The Stop / Slow paddle shall have an octagonal shape on a rigid staff; the paddle shall be a minimum 18" x 18" wide and with a minimum of 6" letters. The Stop / Slow paddle shall be retroreflectorized and shall be place on a staff with a minimum of 6' clearance, (bottom of paddle to ground min. 6'). These devices will not be measured and paid separately, but shall be included in the flagger cost. The contractor shall provide flaggers with electronic communication devices when required and requested by the City Representative. These devices will not be measured and paid separately, but shall be included in the flagger cost. C: Service Call Requirements Flag personnel shall report to specified locations per date and times as requested by City Representatives. For day to day non scheduled type activities, flag personnel shall report within 1 hour as requested by City of Fort Collins. City personnel shall give the contractor as much notice as possible, except in the event of an emergency. City personnel shall endeavor to give reasonable advance notice, even for day to day requests. Contractor cannot refuse flagger service as requested by the City of Fort Collins. The quantity to be measured for flagging will be the total number of hours that flagging is actually used as authorized by the City Representative. The City Representative will provide flagger breaks and these authorized breaks will be paid for under this contract. Services Agreement BID 7357 Flagger Services Page 9 of 11