HomeMy WebLinkAbout470559 J & A TRAFFIC PRODUCTS LLC - CONTRACT - BID - 8247 MAPO TRAFFIC SIGN POSTServices Agreement
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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 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:
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 four (4) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence May 1, 2016, and shall continue in full
force and effect until April 30, 2017, 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 thirty (30) 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 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:
Service Provider: City: Copy to:
J & A Traffic Products
Attn: Jeff Mindham
605 SW 40 Hwy, PMB 119
Blue Springs, MO 64014
City of Fort Collins
Attn: Doug Clapp
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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
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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, as per the line item pricing in
the attached Exhibit "B", consisting of two (2) pages, and incorporated herein by this
reference. This is an indefinite quantity contract. Quantities listed in Exhibit “B” are
estimated annual quantities and not a commitment to purchase.
6. Cooperative Purchase. The agencies identified in Exhibit “A” shall have the right to
purchase from Service Provider at the same terms and pricing as the City of Fort Collins.
Each agency is an independent entity and the City of Fort Collins shall not have any
responsibility or liability whatsoever for another agencies non-performance or actions.
7. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
8. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
10. 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.
11. 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
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Agreement.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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
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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, 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.
17. 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.
18. 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.
19. 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.
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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.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
J & A TRAFFIC PRODUCTS
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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Jeffrey J. Mindham
vice president
5/5/2016
5/10/2016
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EXHIBIT A
SCOPE OF SERVICES
I. 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.
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II. PARTICIPATING AGENCIES
As stated in the Request for Bid to furnish the services set forth in Section I.
Specifications, other governmental agencies are extended the opportunity to
purchase under this Agreement. The following Agencies have assigned control of
this Agreement to the City, to prevent biased evaluations and to preserve the
competitiveness and integrity of acquisition efforts.
AGENCY: City of Fort Collins
CONTACT: Rich Brewbaker
PHONE NO: (970) 221-6792
DELIVERY LOCATION: City of Fort Collins, Street Dept.
625 Ninth Street
Fort Collins, CO 80525
AGENCY: Adams County
CONTACT: Greg Haynes
PHONE NO: (303)853-7129
DELIVERY LOCATION: Adams County, Traffic Dept.
4955 E. 74th Ave.
Commerce City, CO 80022
AGENCY: City of Loveland
CONTACT: Stephen Zuschneid or Cindy Scymanski
PHONE NO: (970)962-2480 or (970)962-2696
DELIVERY LOCATION: City of Loveland, Traffic
105 W. 5th St.
Loveland, CO 80537
AGENCY: City of Aurora
CONTACT: Kevin Bolger
PHONE NO: (303) 326-8235
DELIVERY LOCATION: City of Aurora, Traffic Operations
15740 E. 32nd. Ave.
Aurora, CO 80011
AGENCY: City of Englewood
CONTACT: Gary Tyson
PHONE NO: (303) 762-2514
DELIVERY LOCATION: Englewood Service Center
2800 S. Platte River Drive
Englewood, CO 80110
AGENCY: City of Lakewood, Traffic Engineering
CONTACT: Terri Haley
PHONE NO: (303) 987-7999
DELIVERY LOCATION: City of Lakewood, Traffic Engineering
1060 Quail St.
Lakewood, CO 80215
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AGENCY:
CONTACT:
PHONE NO:
City of Greeley
Janet Timko
(970)350-9355
DELIVERY LOCATION: City of Greeley
1300 A. Street Building E
Greeley, CO 80631
AGENCY: City of Grand Junction, Traffic Department
CONTACT: Thomas Lanam
PHONE NO: (970) 244-1573
DELIVERY LOCATION: City of Grand Junction, Traffic Department
333 West Avenue BLDG D
Grand Junction, CO 81501
AGENCY: Town of Mead
CONTACT: Chris Larmon
PHONE NO: (970) 535-4770
DELIVERY LOCATION: Town of Mead
537 Main Street
Mead, CO 80537
AGENCY: Mesa County
CONTACT: Brian Pobirk
PHONE NO: (970) 244-1817
DELIVERY LOCATION: Mesa County
971 Coffman Rd BLDG B
Whitewater, CO 81527
AGENCY: City & County of Broomfield
CONTACT: Rudy Cesena
PHONE NO: 303-464-5672
DELVIERY LOCATION: City & County of Broomfield
3001 West 124th
Broomfield, CO 80020
AGENCY: Larimer County Road and Bridge
CONTACT: Kevin Tucker/ Rick Johnson
PHONE NO: (970) 498-5658
DELIVERY LOCATION: Larimer County Road and Bridge
614 East Vine Dr.
Fort Collins, CO 80524
AGENCY: City of Brighton
CONTACT: Bob Younger
PHONE NO: (303) 655-2088
DELIVERY LOCATION: City of Brighton
401 East Longs Peak St.
Brighton, CO 80601
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AGENCY: City of Pueblo
CONTACT: Pepper Whittlef or Jason Arndt
PHONE NO: (719) 553-2300
DELIVERY LOCATION: City of Pueblo, Traffic Maintenance
200 S. Mechanic Street
Pueblo, CO 81003
AGENCY: City of Northglenn
CONTACT: Gene Maypole
PHONE NO: (303) 280-7817
DELIVERY LOCATION:
City of Northglenn
12301 Claude Ct.
Northglenn, CO 80241
AGENCY: City of Wheat Ridge
CONTACT: Corey Barker
PHONE NO: (303) 205-7602
DELIVERY LOCATION: City of Wheat Ridge
11220 West 45th Avenue
Wheat Ridge, CO 80033
AGENCY: Arapahoe County
CONTACT: Mark Krumpelmann
PHONE NO: (720) 874-6777
DELIVERY LOCATION: Arapahoe County Road and Bridge
4405 S County Road 129
Bennett, CO 80102
AGENCY: City of Longmont
CONTACT: Tracy Kline
PHONE NO: (303) 651-8344
DELIVERY LOCATION: City of Longmont
375 Airport Rd.
Longmont, CO 80503
AGENCY: Jefferson County
CONTACT: Everett Bacon
PHONE NO: (303) 271-8471 /303-271-5285
DELIVERY LOCATION: Jefferson County Sign Shop
Attn: Karen Hernlund
21401 Golden Gate Canyon Rd.
Golden, CO 80403
AGENCY: Jefferson County Open Space
CONTACT: Matthew Cox
PHONE NO: (303) 271-5984
DELIVERY LOCATION: Jefferson County Open Space
700 Jefferson County Parkway
Golden, CO 80401
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EXHIBIT B
COMPENSATION
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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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 $1,000,000 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.
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
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