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HomeMy WebLinkAbout133071 BIO KLEAN - CONTRACT - BID - 5859 PRESSURE WASHING FOR PARKING ANNUALSERVICES 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 Bio-Kleen Environmental, 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 three (3) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until June 15, 2005, 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 and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. 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. SA 10/01 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. HE EXHIBIT C Bid Schedule ax 0 5 ?'5 9 Contractor to furnish all labor, materials, equipment, supervision and incidentals necessary to complete the work per attached specifications. City reserves the right to award individually or grand total. Old Town Parking Structure $ i -I `l 5 C, o Civic Center Parking Structure $ 'f. q o ' 00 Poudre Fire Authority Admin Offices $ 311Goo' Grand Total Blo-Wean EnvironmerAei 3 1 1 (0 8` p Firm name 146W. Swallow Rd. Suite A2 Mpqrf Signature D-1'11� Address Phone/Fa)c# � i d `a9 (3 c� C) X `-0 da C)d7 Fkdr+\0—. SA 10/01 4 p . 5 ACOR©�, CERTIFICATE flF LIABILITY INSURANCE 0DAT6/CaM/200Y} 06/c3/2004 PRODUCER (970) 484-2805 Sohn C. Beckett & Associates Inc. 220 Smith Street Ft. Collins CO 80524- 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 Roger Albrecht DBA Blo Klean 145 West Swallow Road, Ste A2 Fort Collins CO 80525-2500 WSURERk-LVANSTON INSURANCE _ INSURERB. INSURER C'_ _ INSURER 0: INSURERS- _ X THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST:.IO1NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MIS!' PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCPD.ICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - LTR TR Ot NERD ....: _ - TYPE Of INSURANCE - POLICY NUMBER POLICY EFFECTIVE DATE MMIDDNY POLICY EXPIRATION DATE MM(DO(YY) _. . LIMITS A GENERAL LIABILITY / % / / EACH OCCURRENCE 5 5CO3 000 X COMMERCIALGENERALLIABILITY �j CLAIMS MADE I Al OCCUR CLOS0300270 07/25/2003 07/25/2004 DAMAGE TO RENTED PREMISES F.aoccorm+ce F 5J,000 MED EXP An one son) $ 1,000 PERSONAL S AOV INJURY $ 500,000 GENERAL AGGREGATE $=,000,000 PRODUCTS-COMPIOP AGG 6 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JPE'a F I LOC AUTOMOBILE LIABILITY NO COVERAGE % / / / COM94NED SINGLE LIMB' ANY AUTO (Ea avgdeaq BODILY INJURY ALL OWNED AUTOS / % / / SCHEDULED AUTOS (Per Person) 9 AUTOS HIRENON-OWNED NON•OWNEb AUTOS / / / % BODILY INJURY (Per accitlarq } PROPS cleat) AGE (Per acddent) B GARAGE LIABILITY AUTO ONLY -EA ACCIDENT —� s ANYAUTO NO COVERAGE / / / / OTHERTHAN EA ACC /_`—_{ jj AUTO ONLY: AGG s t I IXCESSAIMBRELLA LIABILITY OCCUR CLAIMS MADE NO COVERAGE EACH OCCURRENCE i 1 AGGREGATE --} T 1 DEDUCTIBLE a I RETENTION SWORK 5 i EM O�YERS' LABILITY COMPENSATION AND NO COVERAGE / / / / W U. 7 R LIMITS ER E.L EACH ACCIDENT .--. 11 ANY PROPRIETORIPARTNEREXECUTNE OFFICERMEMBER EXCLUDED? If yes. desm'6e under E.L DISEASE - EA EMPLOY _ T E.L. DISEASE -POLICY OMIT __. s SPECIAL PROVISIONS below OTHER NO COVERAGE DESCRIPTION Of OPERATIONWLOCATIONSMEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECUU. PROVISIONS I CITY OF FT COLLINS 281 N. COLLEGE P.O. BOX 560 FORT COLLINS RD 25 (2001103) INS025 poBIz5 (970) 224-6134 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 7EFORF THE EXPIRATION DATE THEREOF, THE ISSWNG INSURER WILL ENOEAVC'R TO MAIL 10 DAYS WRITTEN NOTICE TO THE CEIMFICATE HOLDER NAMED TO. T �E LETT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE AUTHORIZED REPRESENTATIVE CO 80524- "' t �a7TA� ELECTRONIC LASER FORMS, INC. - (Wa)32T-050S Q ACORD CORPORATION 1988 1age I of; F - 6 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 endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORN 25 (2001108) INS025 (oioa).os Page 2 of 2 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: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Service Provider: Bio-Klean Environmental 145 W. Swallow Rd., Suite A2 Ft. Collins, CO 80525 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the Option Cost Breakdown attached as Exhibit "C". 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. SA 10/01 2 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. 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 SA 10/01 3 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 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, 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. SA 10/01 4 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. SA 10/01 5 CITY OF FORT COLLINS, COLORADO a municipal corporation % By: b 92, Jam s . O'Neill II, CPPO, FNIGP Directbf of Purchasing and Risk Management Date: -7 / 'I / O Bio-Klean nvironmentaall By: PRINT NAME Date: �T SA 10/01 EXHIBIT A REQUIREMENTS AND SPECIFICATIONS Background Both parking structures are open to the public at all times. Parking attendants are present during specified hours of operation throughout the day and evening hours. When attended, access to parking in the structure is controlled by automated gates. Requirements 1. Contractors responding to this bid must be qualified to do the work and have experience pressure washing similar buildings. Please provide a list of three referrals. 2. The equipment used must be capable of producing the desired cleaning results. 3. All wash water must be collected and treated as wastewater and disposed of in an appropriate manner. It will be the responsibility of the contractor to insure this process is adhered to. 4. The contractor will provide the City with a list of cleaning agents and the Material Safety Data Sheet on each product. No solvents will be used only soap or a ph acceptable caustic. 5. The City must receive a copy of any agreement made with a waste disposal facility. 6. The Civic Center Parking Structure has a stormceptor located at the north end of the facility. Its purpose is to prevent oil and sediment from being discharged to the stormdrainage system. The contractor will be required to remove and properly dispose of any solids or oils in the stormceptor prior to pressure washing the facility. The stormceptor will then be cleaned again after the pressure washing is completed. 7. The contractor will be responsible for pumping the wastewater from the stormceptor to the sanitary sewer. The distance between the stormceptor and the sanitary sewer is approximately 4'. Wastewater may be tested prior to being pumped from the stormceptor to determine suitability of release to the sanitary sewer. Care must be taken to prevent any oil and sediment from the bottom of the stormceptor from entering the sanitary sewer. 8. The parking structures must remain open for use as much as possible without presenting a hazard to patrons and their vehicles. Coordination of the cleaning will be discussed and a schedule agreed upon between Parking Services and the contractor. Pressure washing of each facility must be completed between 2:OOam Sunday and 5:00 am Monday. Specification The objective of this cleaning effort must be to remove all dirt, debris, black marks, grease, oil, food stains, gum, etc. from the building surfaces. Detailing is defined, as the usage of environmentally safe chemicals when and where needed. Cleaning is defined as the usage of high-pressure water, hot or cold. The areas to be pressure washed will be listed in the scope of work for each parking structure. All automated parking equipment and elevators will be excluded from this bid. Scope of Work: Old Town Parking Structure 1) Building Exterior: a) Clean and detail all driveways. b) Clean and detail all sidewalks and curbing. c) Clean and detail all exterior brick. d) Clean and detail all windows and windowsills. 2) Building Interior: a) Pressure wash levels 1through 4. b) Clean and detail all walls and ceilings. c) Clean and detail all drive surfaces including ramps. d) Clean and detail all parking stalls e) Clean and detail all pedestrian walkways. f) Clean and detail north and south stairwells including: i) Ceilings and walls ii) Handrails iii) Landings iv) Windows v) Stairs and underside of stairs vi) Canopy over the South stairwell g) Pressures wash the exterior of the attendant booth including the airconditioning unit on top of the booth. Scope of Work: Civic Center Parking Structure 1) Building Exterior: a) Pedestrian ramps off the east alley b) Steps on the north west corner of the building near the elevator. c) Pedestrian walkway leading from the parking structure to the Opera Galleria: i) Walkway ii) Handrails iii) Awning (top and bottom) d) Ramps at all entrances e) All curbing around entrance at Mason and Laporte f) All three stairwells from the 5th tier to level 1: i) Hand rails ii) Stairs including under stairs at each level and landing. 2) Building Interior: a) Pressure wash levels 1through 4. b) Clean and detail the following on each level: h) Drive allies and ramps i) Parking spaces j) Walls and ledges k) Ceilings 1) Pillars m) Lights n) Signage o) Clearance bars p) Stand pipes q) Trash receptacles r) Bike lockers s) Attendants booth including air-conditioning unit on roof. 3) Loading dock: a) Clean and detail the following: i) Parking area ii) Loading dock iii) Ramps iv) Railings v) Walls vi) Signage I