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Home My WebLink AboutABOVE ALL DENVER WINDOW CLEANING - CONTRACT - BID - 7305 WINDOW CLEANING 2012SERVICES 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 ABOVE ALL DENVER WINDOW CLEANING, 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 (4) pages and incorporated herein by this reference. 2. Contract Period 2 This Agreement shall commence January 1, 2012, and shall continue in full force and effect until December 31, 2012, 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 generally 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 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 Above All Denver Window Cleaning PO Box 580 4457 Clay Street Fort Collins, CO 80521 Denver, CO 80211 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 insured 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 coverage 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 Liability shall not be less than iniury and property damage 10 From:Sara Otter FaxID:303-458-5857 Date:01/04/12 11:17 AM Page 1 of 1 ABOVE-3 OP ID: SO A�iro CERTIFICATE OF LIABILITY INSURANCE DATE01/04/12 1 ovoan 2 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 303-480-5005 NTACT Bradleeyy Insurance GroupPHONE 3401 W. 38th Avenue 303-458-5857 Denver, CO 80211 David A Bradley -NAME FA% No Ert : AK. No M. EWAIL ADDRESS. INSURER(S) AFFORDING COVERAGE NAIL i INSURERA: Western Heritage INSURED Above All Denver Window INSURERB: Scottsdale Insurance Company Cleaning 4457 Clay St. INSURER C' Denver, CO 80211 INSURER D: INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER' 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 TYPE OF INSURANCE A INSR POLICY NUMBER POLICY EFF MMDDPI$YY POLICY E%P MMDOnfYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR X SCP0864102 08M7111 ' 08117/12 EACH OCCURRENCE 3 1,000,00 PREMISES EaomurU i 100,00 MED EKE (An, one parson) ; 5,00 PERSONAL B ADV Nd1RY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'LPAGGREGATE LIMIT.A'PLIES PER: OLICY PRO LOC PRODUCTS- COMPIOP AGG $ 2.000,00 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AU AUTOS TOS PON-OWNED HIREDAUTOS i AUTOS X COMBINED SINGLE LIMIT En acadent $ BODILY INJJRY(Perpamon) $ BODILY IN,URYIParecadanp $ PROPERTYDAMAGE Paracaidard _ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE XBS0019182 12O9111 08/17/12 EACH OCCURRENCE ; 3,00000 AGGREGATE 6 DED I X I RETENTION 10,00 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYP.ROPRIETORIPARTNFR/ ECUPVE O=FICERWEMBER EXCLUDED? (Mandatory In NH) If ers, dez[dde undBr DESCRIPTION OF OPERATIONS Lfl. N/A WCSTATU- OTH- TORY I 'ITS FP E.L. FACHACCIDENT ; E. L. DISEASE - EA EMPLOYEE EL. DISEASE -POLICY LIMIT ; DESCRIPTION OF OPERATIONS / LOCATIONS / VE H C LES (Attach ACORD t01, Addi aone] RemaMs ScE edule, it more space Is requi,ed) Certificate holder is added as additional insured. CITYFOR City of Fort Collins Purchasing attn: Jim Hume 215 N. Mason SIRE, 2nd Floor Fort Collins, CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6�� V 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 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, as set forth in Exhibit A. 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 K 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, 215 Mason, 2nd 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. Participation by Other Government Entities Other governmental entities may be extended the opportunity to participate in any award made as a result of this Bid, with the agreement of the successful vendor. 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: 3 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: 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. rd 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 WAR; L .4 0 (JaJnes B. O'Neill ll, CPPO, FNIGP Directo f Purchasing & Risk Management Date: IL ABOVE ALL WINDOW CLEANING By: Tim Quintana, Owner Date: /Z-5- / 5 Exhibit A: Scope of Work and Pricing WINDOW CLEANING 2012 Contractor Name: Above All Denver Window Cleaning - Tim Quintana Price Map # BUILDINGS & EXPLANATION OF Yearly Freq ADDRESS Per Cleaning Yearly Total Months to be cleaned SERVICE B29 110 N. Howe's - Exterior only 1 110 N. HOWES 23 23 June B30 112 N. HOWES -Exterior only, remove storms and screens for cleaning 1 112 N. HOWES 23 23 June B47 200 MATTHEWS- Exterior first floor only. Has bars on windows to reach throw h. 1 200 MATHEWS 24 24 June B31 200 W. MOUNTAIN SUITES 1, 2 and 3 - Exterior only 1 200W.MOUNTAIN 24 24 June 832 215 N. MASON - Exterior- E side, 1st floor glass & black panels below glass 10 215 N. Mason 200 2,000 all months 215 N. MASON - same as above plus clean all exterior windows. 2 2000 4,000 June and Nov/Dec Boom hoist needed. Hoist wheel marks on sidewalks must be removed. B45 256 W. MOUNTAIN - Exterior only 1 256 W. MOUNTAIN 46 46 June B33 281 N COLLEGE - Exterior only 1 281 N. COLLEGE 70 70 June B44 321 MAPLE - Exterior only, remove storms and screens for cleaning. 1 321 MAPLE 58 58 June B35 CITY HALL - Exterior plus sky light inside and outside 4 300 LAPORTE-BLDG A 287 1,148 Mar, June, Sept, Dec B41 CIS/METER READERS - Exterior plus east entry inside and outside 4 117 N. MASON AVE, 22 88 Mar,June, Sept, Dec Al COUNCIL TREE LIBRARY- Interior & Exterior 2 x yr 2 2733 COUNCIL DR. 1200 2,400 July, Dec COUNCIL TREE LIBRARY- Exterior only, 2 x yr 2 Clean large glass partition in the children's area during each visit. Cleaning of exterior entrance windows needs to be completed before Library opens. Two floors of windows. 1000 2,000 Mar, Sept A17 CLUB TICO - Exterior only 1 1599 CITY PARK 70 70 June Clean windows on upper floor as well. 9 DISCOVERY MUSEUM - Exterior & B56 Interior, 4 x yr 4 408 MASON COURT 1276 5,104 TBD FLEET SERVICES - Exterior plus double A19 entry, inside and outside 1 835 WOOD 25 25 June FOSSIL CREEK MAINT BLDG - Admin - Exterior plus clean interior screens and A2 02ening window sections, 2 x r 2 5833 S. LEMAY 120 240 Apr, Dec FOSSIL CREEK MAINT BLDG - Shop - :L Ext. & Interior, 1 x yr 1 You can enter lhru Mainl gate after 8 am M-I- - contact person there before 60 60 Apr cleaning lass. GARDENS ON SPRING CREEK- Admin A3 only, Exterior only 1 2145 CENTRE AVE. 70 70 June A20 GRANDVIEW OFFICE - Exterior only 1 1900 W. MOUNTAIN 45 45 June A4 GRANDVIEW SHOP - Exterior only -CENTER 1 1903 W. MOUNTAIN 24 24 June L NNCOL - Exterior and Interior(must call Robin at 221-6201 to coordinate window cleaning date and B37 time) 417 W. MAGNOLIA Monthly -1 st floor, double entries, glass panels on stairs, art gallery, and glass enclosures on 2nd floor 8 240 1,920 Every Month Quarterly - All monthly cleaning plus 2nd floor windows. 4 480 1,920 Mar, June, Sept, Dec MAIN LIBRARY - Exterior, including B36 double entries, inside & outside 1 201 PETERSON 480 480 June MAINLIBRARY-Exterior - front glass (4 panes South and 2 panes North of East side double entry - no door lass) 8 25 200 A r-Nov Construction in 2012 - call 221-6592 to confirm windows to be cleaned. MARTINEZ FARM - Exterior- MAIN A5 BUILDING ONLY 1 600 N SHERWOOD 46 46 June NORTHSIDE CTR - 1 st floor south hall B48 interior, exterior & 2 entries 10 112 WILLOW ST. 140 1,400 Every Month NORTHSIDE CTR - as above plus all exterior & high interior. 2 1100 2,200 A r, Nov A lift is available in building for interior use - call 221-6592 to reserve it for high interior. See receptionist before cleaningthe lass each month. OPERATION SERVICES - Exterior & North enclosure inside and outside 839 including lass roof. Small window screens cleaned on 4 300 LAPORTE BLDG B 464 1,856 Mar, June, Sept, Dec outside only. A21 PARK SHOP -Exterior only 1 413 S. BRYAN 1 22 1 22 1 June A9 POTTERY STUDIO - Exterior only 1 1541 W. OAK 48 48 June B42 POLICE DIST ONE - Monthly - Exterior 8 144 N. MASON SUITE 1 23 184 Every Month Quarterly: monthly cleaning plus West exterior inside windows. Contact Admin Assistant before cleaning inside. 4 48 192 Jan, A r, Jul OCt POLICE SERVICES - Exterior & Interior A43 including all glass 2 2221 S. TIMBERLINE 4150 8,300 May, Nov Requires 85 fl boom hoist to reach all exterior windows Call Joan 221-6592 - at least 1 week in advance of cleaning. Enter building at lobby and ask desk sergeant for contractor badges allowing you to work inside the building. f SENIOR CENTER - Exterior - Plus 2 A23 double entries, inside & outside 2 1200 RAINTREE 230 460 Mar, Aug August cleaning: Clean windows during the first week of the month, during facility shutdown. SPRING CANYON MAINT SHOP- Admin A22 2 x yr, Exterior & Interior 2 3156 S. OVERLAND 140 280 Apr, Dec SPRING CANYON MAINT SHOP - Shop 1 x yr, Exterior & Interior 1 60 60 Apr Can enter maint area after 8 am weekdays for cleanin . Contact person there. STREETS - Admin offices & garages, Exl & Int -- north side french panes, screens A10 pulled & Control bld , Ext onl , 2 x r 2 625 NINTH ST.. 700 1,400 Mar, June STREETS - Admin front offices - Exterior & Interior 2 350 700 Aug, Dec Contact Lonnie or receptionist before clea ing windows in building TRAFFIC OPERATIONS - Exterior and A11 high interior 2 626 LINDEN ST. 140 280 Apr, Oct Contact receptionist before cleaning the high interior 651 TRANSIT CENTER- Exterior only 2 250 N. MASON 120. 240 May, Oct TRANSIT CENTER - Cupola only, 1 x yr, inside & outside 1 40 40 May Contact at reception desk before placing ladder to do cupola windows. A24 TRANSFORT- Exterior only 1 6570 FORTNER RD. 84 84 June TRANSFORT COTTAGE - Exterior, Al2 remove storms and screens to clean 1 6570 FORTNER RD. 70 June WEBSTER HOUSE ADMIN CENTER- _t_70 B55 Exterior only1 301 E. OLIVE ST. 12 1120 June 0 40,044 Annual Total Window frame and ledges are to be cleaned at all sites. Cost of boom hoist rental or other equipment and any cleanup must be included in pricing. A schedule for cleaning windows will be coordinated with City project manager - 221-6592 Cleaning of windows done only once a year must be completed in June of each year. Contact the City project manager (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 is al City discretion. 9