HomeMy WebLinkAbout441289 AMERICAN POWER WASH - CONTRACT - BID - 6098 PRESSURE WASHING DOWNTOWN & OLD TOWN SQUARESERVICES 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 American Power Wash, LLC 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:
Scone 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. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "A", consisting
of four (4) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence upon signing, and shall continue
in full force and effect until April 15, 2009, 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 ninety (90) days prior to contract end.
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C. Old Town Square Common Area
15. Between 100 East Mountain and Walnut Street as well as Trimble Court, Two walk ways
that run either side of Cooper Smith South towards Mountain and North and towards
Walnut. Eight cleaning to be coordinated with Parks Crew Chief in the month prior to
each cleaning. Must be completed within two working days.
See attached map with highlighted areas to be cleaned.
Schedule and Frequencies for each location. Corners on College between Olive and
LaPorte will be on a separate schedule.
Locations
#1 - #8: Six cleanings — April, May, June, July, August, and September. To be cleaned within
the last ten days of each scheduled month and completed within five working days of a calendar
week.
#9: East side of Linden Street to be cleaned two times a month in the months of March —
October. Sixteen cleanings and must be completed in one working day.
#11 Cleaned monthly in the months of March, April, May and October. Cleaned weekly in the
months of June, July, August and through the second week of September. Nineteen cleanings.
#12 Cleaned monthly March through October. Eight cleanings.
#13 Cleaned monthly March through October. Eight cleanings
#14 Cleaned weekly in the months of March through the second week of October: Thirty-two
cleanings.
#15 Cleaned monthly in the months of March through October. Eight cleanings
West side of Linden Street to be cleaned monthly in the months of March through October.
Eight cleanings.
#15: Eight cleaning — March through October. To be cleaned monthly on a flexible scheduled to
be determined by the Parks Division prior to each month. Must be completed in one working
day. .
Note: Please coordinate the cleanings of these locations (11-15) with (1-7) when possible.
Additions and changes per Addendum 1
• Pressure wash all alley intersections with walks.
• Include walls and flagstone caps on Linden St.
• Description #15 (first one) is actually #10.
• Change #8 to read from Alley North of Armadillo to Pine.
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N
I inch equals 217.9 feet
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EXHIBIT B
CITY OF FORT COLLINS
INVITATION TO BID
6098 Pressure Washing for Downtown and Old Town Square
The City of Fort Collins Parks Division is requesting bids for pressure washing of various areas
including downtown sidewalks, Old Town, and downtown corners. This bid may be used by other
departments as needed.
Awarded contractor must enter into the attached service agreement (for your review) and provide
the required insurance (Exhibit B). This agreement is effective for one year from the date on the
service agreement. 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.
Bid Schedule
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
by grand total. Contractor must provide with the bid complete equipment list and list of three or
more referrals as described in requirements.
Downtown corners $ Z1 / S'
Downtown sidewalks
Old Town Square Proper $
Grand Total $ f` S'
Cost per square foot $ C_7. 0 /�/'?
Includes all labor, materials, equipment and mobilization in Fort Collins City limits.
Firm name
Signature ,
Panted Name
Address .Y/O(')
Phone/Fax# //O/-/
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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 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 forall 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.
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4. 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.
5. 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
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider:
American Power Wash LLC
Attn: Rob Rager
3700 Canal Dr
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.
6. 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 Twenty Seven Thousand
Four Hundred Seventy Seven Dollars and Fifty Five Cents Dollars ($27,477.55) per Cost
Breakdown is attached Exhibit "B" consisting of one (1) page and incorporated herein by this
reference.
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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
hereunderforthe payment of FICA, Workmen's Compensation or othertaxes or benefits orfor any
other purpose.
9. 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.
10. 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.
11. 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. All goods supplied to the City shall be of the grade and quality specified
hereunder, or, if not specified, of the most suitable grade and quality of their
respective kinds for their intended use.
C. Service Provider warrants all goods, provided under this Agreement, except City -
furnished goods, against defects and nonconformances in grade 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 good shall be replaced by Service Provider in a
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manner and at a time acceptable to City.
12. 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.
13. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (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.
14. 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.
15. 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
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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 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.
16. 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.
17. 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.
18. 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:
and
1. Contractor does not knowingly employ or contract with an illegal alien;
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 confirm the employment eligibility of all newly hired
employees.
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b. Contractor 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. 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:
1. 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
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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.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:q"�
James 'Neill Il, CPPO, FNIGP
Director' f Purchasin and Risk Management
Date:
American Power Wash, LLC
CORPORATE PRESI'DEN ICE PRI
Date:
ATTEST: ( or�Seat)
CORPORATE SECRETARY
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EXHIBIT A
Scope of Work
Requirements
1. Contractors responding to this bid must be qualified to do the work and have minimum of
3 years experience pressure washing similar work. Contractor must provide a list of
three or more referrals with the bid.
2. The equipment used must be capable of producing the desired cleaning results and a
complete equipment list must be provided with the bid.
3. 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.
4. The City must receive a copy of any agreement made with a waste disposal facility.
5. The areas must remain open for use as much as possible without presenting a hazard to
the public. Coordination of the cleaning will be discussed and a schedule agreed upon
between the Parks Division project coordinator and the contractor. Pressure washing of
each area must be completed by 8:00 AM.
6. 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.
7. In the City of Fort Collins, powerwashing wastewater must be kept out of the City's storm
water system. The system includes streets, gutters, ponds, creeks, ditches, and the
Poudre River. Powerwashing wastewater must be collected and then disposed of
appropriately.
• Appropriate disposal of the wastewater:
As long as the collected wastewater does not have an oil sheen, and does not contain
any hazardous or toxic substances, the wastewater may be disposed of into the City's
wastewater treatment system. If you add anything to the washwater (ie—a cleaning
agent) or have questions about the content of your powerwashing wastewater, please
contact the industrial pretreatment office at 221-6938.
Disposal into the City's wastewater treatment system may be done either by discharging
directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. A
waste haulers permit is required, and a fee will be charged, for disposal by pump truck
at the Drake facility. For fee information, or to obtain a permit, contact the industrial
pretreatment office at 221-6938.
• A sewer manhole cover may not be removed for disposal to the wastewater
system.
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• Why the change in the treatment of this wastewater? New policy and guidance
from the State of Colorado have changed disposal options for powenvashing
wastewater. A copy of the State's guidance can be found at:
http //www cdphe state co us/wq/PermitsUniUPolicyandGuidance/quidanceandpoli
cy html
• For Storm Water treatment questions during the bid, please contact John
Stephen at 970-221-6777. Any questions after award, please contact Lois
Rellergert at 416-2059.
Specification
The objective of this cleaning effort must be to remove all dirt, debris, black marks, grease, oil,
food stains, gum, etc. from the sidewalk surfaces. The work to result in a clean and attractive
sidewalk. Detailing is defined, as the usage of environmentally safe chemicals when and where
needed and must be approved by the City representative. Cleaning is defined as the usage of
high-pressure water, hot or cold.
Scope of Work:
A. Downtown sidewalks: The following are locations to be cleaned:
Location #
1. College Avenue from Olive (north corners) to LaPorte (south corners). East and West
sides.
2. Olive Street (north side only). East from College Avenue to first alley. (north side only)
West from College to first alley.
3. Oak Street from Remington Street Parking lot (West side of parking lot) to Mason. North
and South sides. (not to include Oak Street Plaza Park unless requested)
4. Mountain Avenue North side from College West to Mason.
5. Mountain Avenue South side from Remington to Mason.
6. LaPorte Avenue South side from College Avenue West to first alley.
7. LaPorte Avenue North side from College Avenue to first alley.
8. Walnut Street North side from Mountain Avenue to College Avenue.
9. Linden Street both side's from Walnut Street to Riverside.
B. .Corners Only
10. Two North corners on Olive and College:
11. Two East corners on Oak and College:
12. Bus stop area on the West side of College and Oak (not to include Oak Street Plaza
Park).
13. Four corners on Mountain and College:
14. Two South corners of LaPorte and College:
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