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HomeMy WebLinkAbout120048 BLAZER WATERPROOFING INC - CONTRACT - BID - 7247 WATERPROOFING AT CIVIC CENTER PARKING STRUCTUSERVICES 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 Blazer Water Proofing Systems, Inc. dba Blazer Structures, 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 five (5) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than September 15, 2011. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 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 priorto 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 Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 1 of 15 products must demonstrate equal physical properties, history and performance. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver materials in original packages and containers with seals unbroken and bearing manufacturer's labels containing brand name and direction s for storage and mixing. B. Store materials to comply with manufacturer's directions to prevent deterioration from moisture, heat, cold, direct sunlight, or other detrimental effects. 1.07 PROJECT CONDITIONS A. Environmental Conditions: Comply with waterproofing suppliers traffic bearing roof deck surfacing directions for maintenance of ambient and substrate temperature, moisture, humidity, ventilation, and other conditions required to execute and protect work. PART 2.00 PRODUCTS 2.01 MATERIALS A. Fluid applied waterproof elastomeric vehicular traffic bearing concrete deck surfacing shall be based upon Polycarb Mark 170.2 elastomeric traffic system, as manufactured by Dow Corporation, or approved equal. B. The fluid applied waterproof elastomeric traffic bearing deck surfacing system shall be composed of an epoxy primer, waterproofing membrane, followed by intermediate traffic surfacing and aliphatic finish coat and shall conform to the following standards: 1. Traffic deck base coat shall be compounded with elastomeric urethane blend and shall have a minimum elongation of 450%. 2. Specially designed resinous topcoat, for aggregate retention strength. Aggregate should be graded fine trap -rock passing a #20 mesh sieve and retained on a #40 mesh sieve, or approved alternate. 3. Final Finish Coat shall be UV stable two component, aliphatic elastomer material, pigmented and of a consistency suitable for roller application. 2.02 PROPERTIES A. Elastomeric Base Coating shall be 'odor free" for all work performed over occupied space. Otherwise, all safety precautions for inhalation and respiratory protection and there requisite procedures must be submitted by installer and approved by owner. Color: Battleship Gray. C. Physical Properties: Provide a waterproof deck covering system that meet or exceed the listed minimum physical property requirements when tested according to the referenced standard test method in parentheses. Primer............................................................ A two component, solvent -less, thermosetting epoxy system. Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 10 of 15 Base Coat ...................................................... A solvent -less, two component, thermosetting elastomeric urethane system with 450% elongation and flexibility over a temperatures (-40oF to 300oF). Top Coat ....................................................... A solvent -less, two -component, multi -polymer that provides low temperature flexibility, abrasion resistance and chemical resistance with exceptional aggregate retention capabilities. FinishCoat .................................................. Tensile Strength Compression Strength Wind Uplift (ICBO Factory Mutual 1-52) Flammability (ASTM E108, UL 790, NFPA 256) Intermittent Flame Exposure Spread of Flame Burning Brand Chemical Resistance Industrial Detergent Salt (20%) Ammonia Solution (5%) Muriatic Acid (10%) Chlorine (10%) Kerosene Turpentine Paint thinner A specially designed and flexible, VOC compliant, finish coat for enhanced aggregate retention and traffic bearing and UV stability. > 2000 Ibs > 4000 Ibs Complies 131 MPH @ 3 Safety factor Class A Class A Class A No change in texture or color No change in texture or color No change in texture or color No change in texture or color No change in texture or color No change in texture or color Slight Temporary softening of surface Slight Temporary softening of surface MARK-170.2 FLEXODECK II SYSTEM VOC CONTENT DOES NOT EXCEED 600 g/L AS PER EPA TEST METHOD 24 (40 CFR 60, APPENDIX A) PART 3.00 - EXECUTION Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 11 of 15 3.01 Conditions: A. All surfaces to be coated shall be clean, dry and free of any contaminants. All patched areas shall be properly cured and free of curing compounds and laitance which shall be removed completely prior to installation of the coating. Evaluate level of moisture in the substrate to determine moisture levels are acceptable for application of specified waterproof deck covering system. 3.02 PREPARATION A. Surfaces to be coated shall be shot blast to exposed, clean, sound concrete. All existing deck coatings are to me removed and deck approved by the manufacturer. 3.03 APPLICATION A. General: Apply each component of waterproof elastomeric vehicular traffic bearing roof deck surfacing system according to manufacturer's directions to produce a uniform monolithic surface of thickness indicated. B. Apply epoxy primer by brush, roller, squeegee, or spray apparatus over the entire surface to be coated. Allow to cure a minimum of 2 hours or tack free, before proceeding. C. Apply elastomeric polymer caulking 3/4 inch Cant at all vertical junctures. Apply reinforced membrane at all vertical junctures, transitions, control joints, or cracks. D. Apply one coat of modified polyurethane elastomeric waterproof membrane solution E. Apply one coat of aggregate composition traffic surfacing over all surfaces previously covered with waterproof membrane. Find and repair any small surface imperfections. F. Roller apply one coat of aliphatic final finish dressing to a uniform finish. G. Finished elastomeric vehicular traffic waterproof surfacing shall be a nominal 52 mils thick, smooth and uniform in color and texture. (Note to owner: Other work may include Parking lines, bumper curds and seismic joints.) 3.04 Limitations Surface shall be free of any moisture and contaminants that will impede the performance of this coating. The formulation of this system does not allow modifications by diluting or any such action in the field. Any such alteration in the field shall void all applicable warranties. The system cannot be applied and exposed to temperatures below 50L IF. 3.04 CURING, PROTECTION AND CLEANING A. Taking care to prevent contamination during application stages and before completing curing process. Close application area for a minimum of 24 hours. END OF SECTION Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 12 of 15 EXHIBIT "B" CONTRACT SUM BID PROPOSAL 7247 Waterproofing at Civic Center Parking Structure BID OPENING: 3:00 P.M. (our clock), June 23, 2011 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR Waterproofing at Civic Center Parking Structure PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids for providing and installing waterproofing on approximately 20,000 sf of concrete floor decking on the Civic Center Parking Structure located at 120 N. Mason Street, Fort Collins, CO 80524 per specifications and scope of work. Awarded contractor must enter into the attached service agreement (for your review) and provide the required insurance (Exhibit B). A pre -bid conference will be held at the site on June 9, 2011 at 11:00 am. Meet on the first floor, northwest corner of the parking structure. Bidder Qualifications A. At least (3) three years consistent, hands on experience in parking structure floor waterproofing and awarded contractor must be able to demonstrate this through references. B. Please provide list of at least (5) five LIKE jobs completed with contact information including current name and phone number. BID SCHEDULE Service Provider to provide, deliver, and install waterproofing complete with any required traffic control for complete product per attached scope of work and specifications. Awarded service provider is responsible for their own square foet(sf) measurements and must be approved by the project manager. A MSDS for the final products) must be provided in the bid response. For bidding purposes, please use 20,000 sf. �•�0 per sf X 20,000 sf = Base Bid U /LI 000 0 c, In Words -OAK ygrvp � lvG.2i E -IRnI �u _g AW,6 No �w13 FIRM NAME �� � %%%Lo 61*- d�y'S7(r_A4111 -r ve ol�n gln2El��u,� �2r Are you Cor oration)Partnership, DBA, LLC, or PC Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 13 of 15 SIGNATU( E ADDRESS�cFroyiT r-ru adz.✓c 4t, eu (V' V4 . 900 1 1 PHONE/FAX# ��°�,)-*41-69$9 lzp0 Z-9g8 E-MAIL ADDRESS �a 7tMO �9Wa ef-- r}ruL� c reS. feM Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 14 of 15 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. 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: Workers' Compensation insurance with statutory limits as required by Colorado law. Employer's Liability insurance with limits of $100,000 peraccident, $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. Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 15 of 15 �'`� " CERTIFICATE OF LIABILITY INSURANCE ATE oe/oz/2o11 D08/02 DOI11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER 1-303-534-4567 CONTACT NAME: IMA Of Colorado, Inc. PHONE FAX N9, Ext : AIC No E-MAIL ADDRESS: 1550 17th Street Suite 600 Denver, CO 80202 INSURERS AFFORDING COVERAGE NAICa INSURERA: AMERICAN GUAR S LIAB INS 26247 INSURED INSURER B: ZLIRICB AMER INS CO 16535 Blazer Waterproofing Systems, Inc. INSURER C NATIONAL UNION FIRE INS CO OF PITTS(AIGI 19445 INSURER D: PINNACOL ASSUR 41190 14102 East Smith Drive INSURER E: Aurora, CO 80011 INSURER F: COVERAGES CERTIFICATE NUMBER: 22573463 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MNIDD POLICY EXP MMIDDM'YY LIMRS A GENERAL UABILRY CP0375816608 07/01/11 07/01/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CI -AIMS -MADE I X1 OCCUR DAMATTED PREMISES Ea oo,un $ 300,000 MED EXP (Any one person) E 10,000 PERSONAL BADV INJURY $ 1,000,000 X PI) Dad: $5,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY X PRO- X JECTLOG $ B AUTOMOBILE LIABILITY CP0375816608 07 01 1 07/01/12 COMBINED SINGLE LIMIT Ea accident 1, 000, 000 BODILY INJURY(Per parson) $ ANY AUTO P AU OS SCHEDAUTOS LEOBODILY SAUTOS INJURY (Per accident) $ HIRED X NCNO WNED � PPROPPE Tar DAMAGE $ Is C UMBRELLA LIAB X OCCUR BE080665171 07/01/11 07/01/12 EACH OCCURRENCE $ 11000,000 X AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE OED I I RETENTION$ I $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEA ER EXCLUDED? N❑ NIA 4045506 07/01/1 07/01/12 X WCSTATU- OTH- E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE- EA EMPLOYE S 500,000 (MYandatory in NH) DffiESs. dead Pbo under CRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Anach ACORD 101, Additional Remarks Schedule, If more apace is required) The City of Port Collins, Colorado is included as Additional Insured on the General Liability Policy if required by written contract or agreement and with respect to work performed by Insured subject to the policy terms and conditions. l.X1YA,CLLX I IUIY RE: 7247 Waterproofing at Civic Center Parking Structure. City of Port Collins, Colorado Attn: John Stephen 120 N. Mason Street Collins, CO 80524 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD heathers, 22573463 n Named Insured: Blazer Waferprbofing Systems, Inc. dha Blazer Structure Additional Insured — Automatic - Owners, Lessees Or ZURICH Contractors - Broad Form . Policy No. BIL Date of Pol. bkp, Duo of P"L I n&Dataofitnd, Produwr Add'L Prey Retum Prrm. CP0375816608 7/l/11- . 7/1/12 7/1/11 Named Insurrds include: Blazer Structures and Blazer Waterproofing Systems, Inc, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insoranca provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section n) Is amended to includo as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement B. The insurance provided to additional insureds applies only to "bodily injury., "property damage" or "personal and advertls- Ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTLSINGINJURY LIABILITY, but only it 1. The "bodily Injury" or "property damage" results from your negligence; and 7- Thb'`budilyinjury', 'property damage" or "personal and advertising irj-W results directly -from: a Your ongoing operations; or . b. "Your waW completed -as included lathe "products- completed operations hazard", i performed for.tho additional insured, which is the subject of the written contractor written agreement. i C. However, regardless of the provisions of paragraphs A. and B. above: 1, We will not "ad any insurance coverage to any additional insured person or organizatloa: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization inrhe written contract or written agreement; and 2. We will not provide Limits oflnsuranceto any additional insured person or organization that exceed the lower of. a The Limits of Insurance provided to you In this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement D. The insurance provided to the additional insured person or organization does not applyto: 1. `Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or 1POL-1175-ACw(M) Includes copyrighied matedal of Insurance Services Once, Inc. vAlh its permission• Past I oft , Blazer Waterproofing Systems, Inc dba Blazer Structures 'Policy # CP0375816600 Eff Date: 07/01/11' 07/01/12 2. "Bodily injury". "property damage" or "personal and advertising injury" arising out of the rendering or failure to render anyprotbsslonal archltectual, engineering or surveying services Including: a. The preparing, approving, or failing to prepare or approve maps, shoo drawings, opinions, reports, surveys, field orders, change orders or drawings and specification's; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured' must see to it that I. We are notified as soon as practicable of an "occurrance" or offense that may result in a claim: 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" wlll promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or addition.( insured. jr. The insuranco provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other Insurance is provided by a contractor other than you for the some operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.e. of.SECTION IV - COMI4MCIAL GMNERAL LIABILITY CONDITIONS. Any provisions inthis Coverage Patt not changed bytho terms and conditions of this endorsement continua to apply as wrh- tea sot;-u7s n cw (9roa) Paso2of2 the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Blazer Water Proofing Systems, Inc. Attn: Purchasing Attn: Mike Breeze Attn: Jeff Mosser PO Box 580 PO Box 580 14102 East Smith Drive Fort Collins, CO 80522 Fort Collins, CO 80522 Aurora, CO 80011 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, perthe attached Exhibit "B", consisting of two (2) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, priorto 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 Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 2 of 15 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 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 Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 3 of 15 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 partyforthe 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 underthis 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. 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. Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 4 of 15 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement, and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 5 of 15 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. Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 6 of 15 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jam B O'Neill II, CPPO, FNIGP Dire of Purchasing and Risk Management Date: of FoRr� EST: :m S AI. :N 1 City Clerk otoRio° APP S TO FORM: Assis ant ity Attorney BLAZER WATER PROOFING SYSTEMS, INC. DBA BLAZER STRUCTURES Gte" 13. S�ov.et- PRINT NAME �f�5 � o1?.v.• i CORPORATE PRESIDENT OR VICE PRESIDENT Date: y Z 4 i Zo TEST: � (Corporate Sea)) E SECRETARY Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 7 of 15 EXHIBIT "A" SCOPE OF WORK Site Address: Civic Center Parking Structure 120 N. Mason Street, Fort Collins, CO Area: Second Floor West side (directly above ground level offices and retail spaces). Approx 20,000 sf. (60' x 320') Completed by: September 15, 2011. Actual work days will be finalized with the successful service provider. Work Hours: We anticipate this work to be accomplished during normal working hours and bid it this way. Nights and weekends may be a possibility, but this will be determined after the award. Service Provider must allow a one lane constant traffic flow. This will require the area to be split into at least two work sections. Safety: Traffic safety devices and/or flaggers are the responsibility of the contractor. City Staff will help coordinate the traffic flow with the contractor. General Conditions: The service provider will provide all materials and equipment for the preparation of the waterproofing. A MSDS for the final product(s) will be provided in the bid response. In addition, information concerning odor and cure time is required. Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 8 of 15 VEHICULAR TRAFFIC BEARING WATERPROOF SURFACING City of Fort Collins, Civic Center Parking Structure PART 1.00 - GENERAL 1.01 GENERAL REQUIREMENTS A. Work of this Section, as shown or specified, shall be in accordance with the requirements of the Contract Documents. 1.02 WORK INCLUDED A. Work of this Section includes all labor, materials, equipment and services necessary to complete a waterproof elastomeric vehicular traffic bearing deck surfacing. 1.03 RELATED WORK A. Concrete - Section 03300. Structural concrete and concrete topping shall include expansion joints and controljoints that shall be filled with flexible joint filling compound; approved priorto application by coating manufacturer. Minimum pitch of 1/8 inch per foot. On grade floors should have vapor retarder beneath slab and be properly vented. B. Floor drains - Division 15 (Note to Specifier: Floor drains, clean -outs, etc. should be of the "floor -flange" type as manufactured for use with composition floors by most major drain manufacturers. Drain flange shall be finished flush with substrate.) 1.04 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Specification Sections. Product Data: Submit manufacturer's technical data, application instructions and general recommendations for the waterproof elastomeric composition traffic bearing deck surfacing specified herein. C. Maintenance Instructions: Submit manufacturer's written instructions for recommended maintenance practices. 1.05 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced Installer or applicator that has specialized in installing vehicular traffic waterproof deck covering system types similar to that required for this project and who is acceptable to manufacturer of primary materials. B. Single -Source Responsibility: Obtain waterproof synthetic elastomeric traffic bearing deck surfacing materials, including primers, resins, hardening agents, and finish or sealing coats, from a single manufacturer. Warranty shall coverall labor and materials for 5 years. System should be guaranteed not to leak for five years. C. Qualified Materials: Request for material approvals for any products otherthan the specified Service Agreement 7247 Waterproofing at Civic Center Parking Structure Page 9 of 15