HomeMy WebLinkAbout265716 WINDOW KING - CONTRACT - BID - 6002 EXTERIOR WINDOW CLEANINGSERVICES AGREEMENT
EXTERIOR WINDOW CLEANING
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 Window King #111, 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 Exterior Window Cleaning services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and
incorporated herein by this reference.
2. Contract Period
This Agreement shall commence January 1, 2007, and shall continue in full force and effect until
December 31, 2007, 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. Pricing changes shall be negotiated by and agreed to by both
parties. The Denver - Boulder CPI-U as 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 sixty (60) 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:
City:
Service Provider:
City of Fort Collins Purchasing Window King #111, Inc.
PO Box 580 1383 Warbler Street
Fort Collins, CO 80521 Loveland, CO 80537
10/31/2006 01:44PM Pinnacol Assurance PAGE 3 OF 3
POLICY HOLDER COPY
Window King 111 Inc
1383 WARBLER ST
LOVELAND CO 80537
POLICY NUMBER: 4092978
BUSINESS LOCATION: WINDOW KING 111 INC
CLASSIFICATION OF OPERATION
CLASS DESCRIPTION
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,
the policy(ies) must be endorsed. A statement on
this certificate does not confer rights to the
certificate holder in lieu of such endorsamere(s).
If SUBROGATION IS WAIVED, subject to the terms and
conditions of the policy, certian policies may
require an endorsement. A statement on this
certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side
of this form does not constitute a contract between
the issuing insurer(a), authorized representative
or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or miter
the coverage afforded by the policies listed thereon.
COVERAGE COVERAGE RATI
EFFECTIVE EXPIRES TYPE
901405BUILDINGS-MAINTENANCE OPERATIONS BY CONTRACTOR 06/01/2006 O6/01/2007 EM
FROM SCA INSURANCE
(WED)NOV 29 2006 10:17/ST.10:13/No.6800186091 P 1
-70 - -2a - p
A aRD. CERTIFICATE OF LIABILITY INSURANCE
oATa 1
11 29 7 /29/2006 06
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BOA Inaurancg - Pumblo
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2414 ►rest 4th street
Pueblo CO 62003
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES DELOW.
(719) 544.2533
INSURERS AFFORDING COVERAGE
NAIC 0
INSURED
Window zing III
INSuA9RA: United Pisa E Caeuelt GYOu
13021
'
INSURER B:
INSURER0;
1343 Warbler Street -
INSURER D:
Loveland CO $0537
N ERE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITH$TANOING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE I$$UEO OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY WINDER
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City OE Fort Collide
Purchasing Division
2" N. Kagan Street
Fort Collins CO 80522
SIR K" ANY Of THE A8413VE DEOCROM P0UOR)8 BE CANCELLED BEFORE THE EXPRAT"
DATE THEREOF, THE RMEW INVAI R MILL ENDEAVOR TO LIAR. 10 PAYS WRITTEN
HDTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALORE TO DO SO SHALL
IMPOSE NO OBU"MON OR UABLTT' OF ANY WHO UPON THE INSURER, ITS AGENTS OR
G+,
FROM SCA INSURANCE
(WED)NOV 29 2006 10: 17/ST. 10:13/No. 6800186091 P 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such andommment(s).
if SUBROGATION IS WAIVED, subject b 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 Neu of such endorsement(s).
DISCLAIMER
The Certirx*a of Insurance on the reverse side of this form does not constitute a contract between
the. issuing Insurer(a), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the poWee listed thereon.
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, the sum of Ten Thousand, Nine Hundred, Twenty-two Dollars
($10,922).
6. City Representative
The City will designate, prior to commencement of the work, its representative who shall make,
within the scope of his or her authority, all necessary and proper decisions with reference to the
services provided under this agreement. All requests concerning this agreement shall be
directed to the City Representative.
7. Independent Service provider
The services to be performed by Service Provider are those of an independent service provider
and not of an employee of the City of Fort Collins. The City shall not be responsible for
withholding any portion of Service Provider's compensation hereunder for the payment of FICA,
Workmen's Compensation or other taxes or benefits or for any other purpose.
8. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the
Service Provider and that this Agreement shall be considered as an agreement for personal
services. Accordingly, the Service Provider shall neither assign any responsibilities 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
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.
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. I ndemnitylinsurance
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit "B",
consisting of one (1) page, attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's
Director of Purchasing and Risk Management, 215 Mason, 2"d Floor, Fort Collins,
Colorado 80524, 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 This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 'Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
Notify such subcontractor and the City within three days that Contractor
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
Contractor 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.
F. Contractor 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.
G. If Contractor 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, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
THE CITY OF FORT COLLINS, COLORADO
By: z 4 '�-
mes B. O'Neill 11, CPPO, F IGP
Director of Purchasing & Risk Management
Date: /Z -/-aG
WINDOW KtKG #111, Inc.
Date: /114� 7%
ATTEST:
(Corporate Seal)
Corporate Secretary
Exhibit A: Scope of Work
Prices taken from Window King bid proposal for Bid #6002, Exterior Window Cleaning
PRICE
Map #
B 31
BUILDINGS
CITY HALL
Frea
ADDRESS
300 LAPORTE
PER
CLEANING
210
YEARLY
TOTAL
840
4
B 33
LINCOLN CENTER:
417 W. Magnolia
Exterior windows 1 at fir. - In and out -
no door glass
12
95
1140
Exterior windows - 2nd fir: in and out
4
95
380
B 36
OPERATION SERVICES
2
117 N. MASON
20
40
A 22
SENIOR CENTER
2
1200 RAINTREE
215
430
A 10
STREETS:
625 Ninth St.
Adm area -'all glass in and out
4
215
860
All other glass In and out
2
425
850
B 28
*215 N. Mason
2
215 N. Mason
2070
4140
B 45
"Transit Center
2
250 North Mason
140
280
B 35
***POLICE SERVICES
1
301 LAPORTE
iW07,
B 41
***MUSEUM
1
220 MATHEWS
22
22
B 43
*****PFA
1
102 REMINGTON
148
148
25 B
110 N. HOWES
1
110 N. HOWES
15
15
26 B
112 N. HOWES
1
112 N. HOWES
15
15
278
200 W. MOUNTAIN SUITE 1 AND 2
1
200 W. MOUNTAIN
33
33
398
LIBRARY TECH
1
256 W. MOUNTAIN
46
46
B 29
281 N COLLEGE
1
281 N. COLLEGE
57
57
A 17
CLUB TICO
1
1599 CITY PARK
58
58
A 19
FLEET SERVICES
1
835 WOOD
25
25
A 2
-FOSSIL CREEK MAINT. BUILDING
2
5833 S. LEMAY
128
256
A 20
GRANDVW OFF
1
1900 W. MOUNTAIN
15
15
A 4
GRANDVW SHOP
1
1903 W. MOUNTAIN
10
10
B 32
LIBRARY
1
201 PETERSON
368
368
B 32
LIBRARY Front Glass
201 PETERSON
6 panes near East entry - no door glass
8
15
120
A 5
j MARTINEZ FARM
1
600 N SHERWOOD
35
35
B 44
RECREATION BLDG
1
214 N. HOWES
25
25
A 21
PARK SHOP
1
413 S. BRYAN
15
15
A 9
POTTERY STUDIO
1
1541 W. OAK
55
55
A 23
TRANSFORT
1
6570 PORTNER RD.
68
68
A 12
TRANSFORT COTTAGE
1
6570 PORTNER RD.
38
38
Grand Total:
fikm
J�
b%
�o� ? AO
Exhibit A: page 2
Windows on 2nd and 3rd need to be completed using a boom hoist.
Rental of hoist and the cleanup of hoist wheel marks on the sidewalks
are to be included in the bid price of 215 Mason
"
Windows on Cupola to be done yearly
Has 20 window screens on 1st floor. The small screens on 2nd need to
be taken out from the inside. Includes glass enclosure on the North.
First floor only. Has bars on windows to reach through.
Also include the windows In stairway and Inside of skylight
- 2nd Floor windows can be done by ladder or tucker pole(except 215 Mason).
- 215 Mason - 2nd and 3rd floors to be done with a boom hoist.
- 215 Mason - Cleaning of the 1st floor painted panels must be Included In price
- Pricing Includes removal and cleaning of screens, where needed.
- Window frame and ledges are to be cleaned at all sites.
- A schedule for cleaning windows to be set up with City contact.
- Windows done annually must be completed by the end of June.
- Joan Barrie is to be contacted ( 221-6592) for Inspection of completed buildings.
- Windows may need to be redone if they fail to meet the City's cleaning standard.
- The frequency of cleaning or the addition or deletion of buildings at City discretion.
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 Providershall 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.
10/31/2006 01:44PM Pinnacol Assurance PAGE 2 OF 3
ACORD
CERTIFICATE OF LIABILITY INSURANCE
DATE(1013112131I2005
PRODUCER
Pinnacol Aeeurance
7501 E Lowry Blvd
DENVER CO 80230-7006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED
WINDOW KING 111 INC
1383 WARBLER ST
LOVELAND CO 80637
INSURER A: Pinnacol Assurance
41190
INSURER B:
INwRERC.
INSURER D:
INSURER E:
COVERAGES
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
LYR
ADUL
INSRO
TYPE OF INSURANCE
POUCY NUMBER
POLICY EFF@[TINE
OATEIMMAIO/YYYYI
POLICY EXPIRATION
DATEIMM,ODPYYYY)
UNITS
GENERAL UABILRY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES IEP PaunPneJ
MED EXP UN, en. PUPPN
PRISONAL N ADV INJURY
GEN'L AGGREGATE UNIT APPLIERS PER'.
POLICY PROJECT LOC
GENERAL AGGREGATE
PRODUCTS - COMNCF AGO
AUTOMOBNE UAMLnY
ANY AUTO
ALL OWNED AUTOS
SCHEOULED AUTOS
HIRED AUTOS
NON4 W VIED AUTOS
COMBINED SINGLE LINT
REP PaidP i)
BODILY INJURY
(P. ...—I
BODILY INJURY
(P. Pccid-0
PROPERTY DAMAGE
(P. PPddw l
GARAGE UAMILRY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY'. AGG
ENC666N1ABRELLALLOWT
OCCUR CVJMS MADE
OBDUCTIBLE
RETENTION P
EACH OCCURRENCE
AGGREGATE
A
WORKERS COMPENSATION AND
EMPLOYERSLUNBILRY
ANY PROPRIETOR/PARTNEREXECUTIVE
OFPICERIMEMBER EXCLUDED!
II vw W.. drmWP undP, SPECIAL PROVISIONS 1,W—
4092978
06101/2006
06/01/2007
X WC STATU OTHER
TORY UNITS
E.L. EACH ACCIDENT
$100,000
E.L. DISEASE - EA EMPLOYEE
$100,000
F.L. DISEASE- POLICY UNIT
1 $500.000
OTHER
DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICIBE / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PIOVIMON6
SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL
CERTIFICATE HOLDER
CANCELLATION
947433
CITY OF FORT COLLINS
215 NORTH MASON STREET
FORT COLLINS CO 80522
ACORD 25(2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIV
AUTHORIZED REPRESENTATIVE
Jeff Bunn
Underwriter ACORD CORPORATION 1988
ARCYSASNCSRSuPP.,I 1041N601A4:03 4O2916 UFd.," 12/15/119612:00:00 UW105