HomeMy WebLinkAbout2015 Resolution No. 049RESOLUTION NO.~
SERIES OF 2015
A RESOLUTION AUI'HORIZJNG THE AWARD OF A CONTRACT FOR THE PIRATES
COVE SLIDE GEL COAT PROJECT UNDER SECTION 116 (b) OF THE HOME RULE
CHARTER.
WHEREAS, under Section 116 (b) of the Englewood Home Rule Charter Council shall have
final approval of the lowest and best bid or all bids must be rejected. When no satisfactory bids
are received or for ether reasons deemed expedient to Council, contracts for public works or
improvements may be negotiated, provided that contracts for which no competitive bids have
been requested shall be invalid unless accepted by resolution which shall declare the reason for
exception to the competitive bidding requirement; and
WHEREAS, resurfacing of the riding surface within a waterslide is a reoccurring maintenance
item in the aquatics area; and
WHEREAS, resurfacing is more frequent in an open slide due to the effect of sun and weather;
and
WHEREAS, the riding surface of the Pirates Cove orange (open) slide is no longer smooth and
in need of resurfacing; and
WHEREAS, the bid by The Slide Experts of $33,600.00 was not the lowest bidder but staff
recommends the product over alternatives; and
WHEREAS, the Englewood City Council approved the 2015 Budget which included this
project; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil, OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes a Contract
with The Slide Experts, Inc. for the Pirates Cove Slide Gel Coat Project, as allowed by Section
116 (b) of the Englewood Home Rule Charter.
ADOPTED AND APPROVED this 201h day of April, 2015.
I, Loucrishia A. Ellis, City Clerk for JIJhCity of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. '::tJ_, Series of 2015. •
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City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
(303} 762-2412
CONTRACT FOR SERVICES
AGREEMENT NUMBER CFSf16-22
THIS CONTRACT made and entered into on April 21 , 201§ by and
between The Slide Experts, Inc , 5326 Citation Circle ,Parker ,QQ§Qj__M
Name Address City St Zip
hereinafter called the CONTRACTOR and the CITY OF ENGLEWOOD, hereinafter called the
CITY.
WITNESSETH; The parties do hereby contract and agree as follows:
1. The CONTRACTOR shall furnish the CITY the following services: The City of
Englewood's objective is to hire a qualified and competent Contractor to provide
all labor. materials and equipment necessary to gel coat the orange slide at
Pirates Cove. The existing Gel coating removal and cleaning of the slide and
other incidental work is included as part of this project as stated in bid
specifications.
At the location of:Pirates Cove Family Aquatic Park, 1225 W. Bellview Ave. Englewood. co 80110.
for a total contract price of:
.:.T.:.:h:::.lrtv.:.&...-T.:.:h.::.re.:;e:....:..T:.:.;ho=u:::is~a.::.nd=-=a.::.nd=S.::;IX::..:•H:.:.;u:.:n.:.:d:::.re=d=------Dollars ($ 33,600.00 ).
2. The term of this contract shall begin on April 21 , 201.i with work to be completed on or
before~ 2015.
3. The Contractor shall not commence work under this Contract until the insurance required
under Paragraph 20 of the General Terms and Conditions has been acquired and
satisfactory proof of such insurance has been submitted to the City.
4. The services shall be supervised by; or the project shall be inspected by the Project
Manager for the City, or his or her authorized representative.
5. Terms of Payment: The City agrees to pay the Contractor for the performance of all the
work required under this contract, and the Contractor agrees to accept as the entire and
only compensation therefore, such sum or sums of money as may be proper in
accordance with the total estimated price or prices set forth in the Contractor's proposal
attached hereto and made a part hereof. Payment shall be made in a lump sum upon
final completion of the project unless other terms are agreed to by the City in the
Statement of Work. A 5% retainage of the awarded project amount will be withheld until
final inspection and acceptance by the Project Manager.
6. This Contract includes the General Terms and Conditions as printed and set forth In the
following pages, and the Contractor, by executing this Contract, agrees to comply with all
such General Terms and Conditions.
7 . The Contractor shall guarantee all labor and material used in the performance of this
Contract for a period of one year from the final written approval by the City or as per the
Request for Qualification and Specifications.
8. IN WITNESS WHEREOF, the parties hereunto have subscribed to this Contract,
including all Contract Documents as listed below:
..!. Proposal/Scope of Work Statement
Purchase Order No.
CITY OF ENGLEWOOD
..!. Insurance Forms
_ Immigration documents
(if applicable)
By: ______________ Dale: _______ _
(Department Director)
By: ______________ Date: _______ _
(City Manager)
By: _...,,.,._.,.... _________ Date: _______ _
(Mayor)
ATTEST: __________ _
City Clerk
By:~~~~~~7----Dale: _9_-...... 1__.-l ....... '1.....___
_ (Signatu~ ~ /1
\ldl»etz Ca«r1XLfzfK (.b11tJeY:
(Print name and Trtle)
STATE OF e OLoU\'PO
CO~N~-O~Y-)1 A S
)
) ss.
)
On this _1-'IL:::"'"__ -~...:..:;=~-----' 20l,Lbefore me personally
appeared.,.......J,,E.~~~~~~~;.a::;..-,-_, known to me to be the a,rne,,,_-
--of ,--....µ2e..-.!2.~~~:::.t~~~./-J!:U~.,....""""'.""""""'."'""""""'.""~ the corporation that
executed the within and foregoing strum nt, and acknowledged the said instrument to
be the free and voluntary act and dl ed of said corporation for the uses and purposes
therein mentioned, and on oath stat d that he was authorized to execute sa id
instrument.
IN WITNESS WHEREOF, I hav hereunto set my hand and affi my official seal
the day and year first •oooer::1
My commission expires: ~ ½2 0 I~
NOTARY
NOTE: Federal Regulations (Code Sections 6041 and 6209) require non-corporate
recipients of $600.00 or more to furnish their taxpayer identification number to the payer.
The regulations also provide that a penalty may be Imposed for failure to furnish the
taxpayer Identification number. In order to comply with these regulations, the City
requires your federal tax Identification number or Social Security Number, whichever Is
applicable.
SHARON HANANY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2015'006851
MV COMMISSION EXPIR£S FEB. 18. 2019
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G7NERAL ·TERMS AND CONDITIONS
1. PROPOSAL ACCEPTANCE. Proposals are subject
to acceptance by the signing of a contract and Issuance of an
appropriate purchase order at any time within sixty (60) days
after the receipt of quotes unless otherwise stipulated. The City
reserves the right to accept or reject any and all quotes and
reserves the right to waive any Informality In any quote.
2. SITE EXAMINATION. If applicable, Contractor must
examine the site and certify all measurements, specifications
and conditions affecting the work to be performed at the site. By
submlWng their quote, the Contractor warrants that he or she
(hereinafter he or his) made such site examination as they deem
necessary regarding the condition of the site; Its accesslblllty for
materials, workmen and utllltles and the Contractor's ability to
protect existing surface and subsurface Improvements. No claim
for allowance of time or money will be allowed as to such
matters or for any other undiscovered conditions on the site.
3. EQUIPMENT AND LABOR. The Contractor shall
furnish all tools, equipment, apparatus, facilities, transportation,
labor, and material necessary to furnish the services herein
described. The services shall be perfonned at such times and
places as directed by the authorized City representative as
Indicated in the work specifications or statement of work
attached hereto.
4. SUBCONTRACTORS. Contractor agrees to bind
every subcontractor to the terms of this contract as far as such
terms are applicable to subcontractor's work. If Contractor shall
subcontract any part of this contract, Contractor shall be fully
responsible to the City for acts and omissions of his
subcontractor and of persons either directly or Indirectly
employed by himself. Nothing contained In the contract
documents shall create any contractual relations between any
subcontractor and the City.
5. DEFAULT BY CONTRACTOR. When Contractor. or
any subcontractor, or vendor shall fall to deliver any article or
service or shall deliver any article or service which does not
conform to the work specifications or the Statement of Work, the
City may, upon five (5) business days' prior written notice
describing the default, at Its option, annul and set aside the
contract entered Into with said Contractor, subcontractor or
vendor either In whole or In part, and enter Into a new contract In
such a manner which would be to the best advantage of the City.
The City reserves the right to cancel any articles or services
which the Contractor may be unable to furnish because of
economic conditions, governmental regulations or other similar
causes beyond the control of the Contractor provided
satisfactory proof Is fumlshed to the City, If requested.
being performed and shall be maintained In a safe and clean
condition.
11. ACCESS TO WORK. City representatives shall at all
times have access to work wherever It Is In preparation or
progress. Contractor shall provlde sate and proper facllltles for
such access.
12. PROJECTION Of WORK AND PRPPERJY. The
Contractor shall erect and properly maintain at all times, as
required by conditions and progress of work, all necessary
safeguards, signs, barriers, tights, and watchmen for protection
of workmen and the public, and shall post danger signs wamlng
against hazards created by such features In the course of the
construction.
13. OCCUPANCV. The City reserves the right to occupy
buildings at any time before formal contract completlon and such
occupancy shall not constitute final acceptance or approval of
any part of the work covered by this contract, nor shall such
occupancy extend the date specified for substantial completion
of the work.
14. ASSIGNMENT OF CONTRACT AND PURCHASE
QBQ§B. The Contractor shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens,
duties, or obligations under this contract without the prior written
consent of the City.
15. FORCE MAJEURE CLAUSE. The parties to the
Contract shall be excused from performance hereunder during
the time and to the extent that they are prevented from
obtaining, delivering, or performing by an act of God, fire, strike,
toss, shortage of transportation faclHtles, lock-out, or the
commandeering of materials, products, plants or facilities by the
government; when satisfactory evidence thereof is presented to
the other party(les), provided that It Is satisfactorily established
that the non-perfonnance Is not due to the fault or neglect of the
party not performing. . .
16. HOLD HARMLESS CONTRACT. The Contractor
shall save, defend, hold harmless and Indemnify the City from
and against any and all losses, damages, Uablllties, claims, and
costs of whatsoever kind and nature for Injury to or death of any
person and for loss or damage to any property oca,rrlng In
connection with or In any way Incident to or arising out of the
occupancy, use, service, operations, or performance of work on
property under the terms of this contract by any employee,
agent, or representative of Contractor and/or Its subcontractors
unless such loss was a result of the negligent acts or omissions
ofthe City.
6. CONTRACT CHANGES. No changes or alterations 17. PAYMENT. Unless otherwise specified, the
to this contract shall be made without specific prior written Contractor shall render Invoices for materials delivered or
approval by both parties. services performed under the Contract or Purchase Order. The
7. WORKERS. Contractor shall at all times enforce strict
dlscipltne and good order among his employees and shall not
employ on work any unfit person or anyone not skilled In work
assigned to him or her. Any person In the employ of the
Contractor who the City may deem Incompetent or unfit shall be
dismissed from the job site and shall not again be employed at
the site without written consent from the City.
8. SUBSTITUTIONS. No substitutions of materials or
persons from those specified In the Statement of Work shall be
made without the prior written approval of the City.
9. CONTRACTOR SUPERVISION. Contractor shall
provide competent supervision of personnel employed on the Job
site, use of equipment, and quality of workmanship.
Clty shall make payment for materials, supplies or other services
furnished under this Contract In lump sum on completlon of the
work within thirty (30) days after delivery to and approval by the
authorized City representative of all Invoices and other
documentary evidence reasonably required by the City Including
the satisfactory release of all liens or claims for liens by
subcontradors, laborers, and material suppliers for work or
materials provided under this Contract or Purchase Order (which
approval shall not be unreasonably withheld).
18. PERMITS AND LICENSES. The Contractor and all of
his employees, agents, and subcontractors shall secure and
maintain In force, at Contractor's sole cost and expense, such
Ucenses and permits as are required by law, Including any
licenses or permits required by the City In connedlon with the
furnishing of materials, supplies, or seivices herein listed.
10. CLEAN UP. Debris shall be removed from the 19. CONTRACTOR NOT AN OFFICER, EMPLOYEE, OR
premises. The Job site shall be kept In good order at all limes AGENT OF THE CiTV. While engaged In or carrying out other
when work Is not actually terms and conditions of the Contract or Purchase Order, the
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Contractor Is an Independent Contractor, and not an officer,
employee, agent, partner, or joint ventura of the City.
20. CONTRACTOR'S AND SUBCONTRACTOR'S
JNSURANCE. The Contractor shall not commence work under
this contract until he has obtained the Insurance requlrdir .under
this paragraph and satisfactory proof of such Insurance has
been submitted to City. Except for worker's compensation
Insurance, the pollcy shall not be amended or modified and the
coverage amounts shall not be reduced without the City's prior
written consenl The City shall be named as an additional
Insured and be furnished thirty (30) days written notice prior to
cancellation. The Contractor shall not allow any subcdllcactor,
employee or agent to commence work on this contract or any
subcontract until this Insurance has been obtained.
a) WORKER'S COMPENSATION INSURANCE. The
Contractor shall procure and shall maintain during the life of this
contract, Worker's Compensation Insurance on all of his
employees to be engaged In work on the project under thls
contract and In case of any such walk subcontracted, the
Contractor shall require the subcontractor provide Worker's
Compensation Insurance for all of the subcontractors employees
to be engaged In such work unless such employees are covered
by the Contractor's Worker's Compensation Insurance.
b) CONTRACTOR'S PUBLJC LJABJL[N AND
PROPERTY DAMAGE JNSURANCE. The Contractor and any
subcontractor shall procure and shall maintain during the life of
this contract, Contractor's Public Uablllty Insurance In an amount
not less than $1,000,000 for Injuries, Including accidental death
to any one person, and subject to the same lltnlt for each
person, In an amount not less than $1,000,000 on account of
one accident, and shall also maintain Contractor's Property
Damage Insurance In an amount not less than $1,000,000.
21. WARRANTY/QUALITY. The Contractor,
manufacturer, or their assigned agents shall guarantee the
workmanship, product or service perfonned against defects or
failures of materials for a minimum period of one (1) year from
delivery or the final completion date for the work, All
workmanship and merchandise must be warranted to be In
compliance with ~pp~f;B~!~ G9lo~~o eJ1ergy,_ conservation, iin<l
environmental standards; unless a longer minimum period Is
required In the statement of work. Contractor shall furnish all
manufactures' and supplier' written guarantees and warrantees
covering materials and equipment furnished pursuant to this
Contract or Purchase Order.
22. ASSJGNMENT OF CLAIMS. In submitting a quote on
this project, the Contractor or any subcontractor agreeing to
supply goods, services, or materials, and entering Into this
contract, the Contractor and/or subcontractor do offer and agree
to assign to the City all rights, title, and interest In and to all
causes of action It may have pursuant this contract or
subcontract. This assignment shall be made and bocomo
effective at Iha time the City tenders final payment lo the
Contractor without further acknowledgment by the parties.
23. COMPLJANCE W1TH LAWS. Contractor shall give all
notices and comply with all laws, ordinances, rules and
regulations bearing on conduct or work as Indicated or specified
In the Statement of Work. If Contractor obseives that any of the
work required by this contract Is at variance with any such laws,
ordinances, rules or regulations, Contractor shall notify the City,
In writing, and, at the sole option of the City, any necessary
changes to the scope of work shall be made and thls contract
shall be appropriately amended, In writing, or this contract shall
be terminated effective upon Contractor's receipt of a written
termination notice from the City. If Contractor perfonns any work
knowing It to be In violation of such laws, ordinances, rules or
regulations and without first notifying the City of such violation,
Contractor shall bear all costs arising therefrom .
24. TIME 1s OF THE ESSENCE. Time Is of the essence
In the performance of and compliance with each of the
provisions and conditions of this contract.
25. GOVERNING LAW. This contract shall be governed
by and construed In accordance with the laws of the State of
Colorado. Venue will be proper In Arapahoe County, CO.
2e. NO ORAL MOPJE1CATJON. Any waiver, amendment,
modification, consent or acquiescence with respect to this
contract or any provision of this contract or with rasped to any
failure to perform In accordance therewith shall be set forth rn
writing and duly executed by or on behalf of the party to be
bound thereby.
27. TA§O.B. The parties understand and acknowledge
that each party is subject to Article X. § 20 of the Colorado
Constitution ("TABOR"). Any provision of thls contract or its
attachments which Imposes upon the City, directly or lndlrectty,
any financial obligation whatsoever to be perfonned or which
may be perfonned In any fiscal year subsequent of the year of
execution of thls contract Is expressly made contingent upon and
subject to funds for such financial obligation being appropriated,
budgeted and otherwise made available.
28. COLORADO LABOR LAW. If this project is for a
public works project or public project, as defined In Section 8-49-
102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S.
which requires the contractor to use at least eighty percent (80%)
Colorado labor for any public wol1cs project financed In a whole or
In part by State. counties , school districts, or municipal monies.
29. PRQVJSJONS REQUJREQ BY LAW DEEMED
INSERTED. Each and every provision of law and clause
required by law to be Inserted In this contract shall be deemed to
be Inserted herein and this contract shall be read and enforced
as though It were Included therein .
30. VERIFICATION OF COMPLIANCE WITH C,R.s. 8:
11.s-101 ET.sea. REGARDING HIRJNG Of ILLEGAL
6YgNl
(a, Employees, Contractors and
Subcontrac:tons: Contractor shall not knowingly employ or
contract with an Illegal alien to perfonn work under this contract.
Contra<itor ,hall not ~ntnlct with a subcontractor that falls to
certify to the Contractor that the subcontractor will not knowingly
employ or contract with an Illegal alien to perfonn work under
this Contract. {CRS 8-17.5-102(2)(8)(1) & (II).)
(b} VerlflcaUon: Contractor will participate In
either the E-Verify program or the Department program, as
defined In C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3 .7)
respectively, In order to confirm the employment ellglblllty of all
employees who are newly hired for employment lo perform work
under this public contract for seivlces. Contractor Is prohibited
from using the E-Verify program or the Department program
procedures to undertake pre-employment screening of Job
applicants whlle this contract Is being perfonned.
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(c) Duty to Tennlnate a Subcontract If
Contractor obtains actual knowledge that a subcontractor
perfonnlng work under this contract knowingly employs or
contracts with an Illegal alien, the Contractor shall;
(1) notify the subcontractor and the City
wlthln three days that Iha Contractor has actual
knowledge that the subcontractor Is employing or
contracting with an Illegal alien; and
(2) tennlnate the subcontract with the
subcontractor If, within three days of receiving notice
required pursuant to this paragraph the subcontractor
does not stop employing or contracting with the Illegal
allen; except that the Contractor shall not terminate
the contract with the subcontractor If during such three
days the subcontractor provides lnfonnatlon to
establish that the subcontractor had not knowingly
employed or contracted with the Illegal alien .
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d) Duty to Comply with State Investigation: to the City In addition to any other legal or equitable remedy the
Contractor shall comply with any reasonable request of the City may be entitled to for a breach of this Contract under this
Colorado Department of Labor and Employment made In the Paragraph 30.
course of an Investigation by that the Department Is undertaking
pursuant to C.R.S. 8-17.5-102 (5) .
(a) Damages for Breach of Contract The City may
terminate this contract for a breach of contract, In whole or In
part, due to Contractor's breach of any section of this paragraph (REMAINDER OF PAGE INTENTIONAU. Y LEFT BLANK)
or provisions required pursuant to C.R.S. 8-17.5-102.
Contractor shall be liable for actual and consequential damages
s
1. GENERAL
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
(Provide the requested below infonnation)
The Slide Experts, Inc, 5326 Citation Circle, Parker, CO 80134, Owner James Gardiner,
Telephone 720-940-0106
Date of Execution: April 21, 2015
2. NAMES OF PROJECT COORDINATORS
Jim Gardiner 720-940-0106
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
Overall Project: Power wash, repair, sand, caulk and gel coat interior of (1) open orange
watersllde. Includes all labor, supervision, equipment and materials.
Remove existing get coat: Remove existing gel coat to the fiberglass by sanding and
removal of caulk in all joints. Sand entire Interior surfaces to a 1 mil profile. Grind open
tight seams to allow for caulking. Repair minor cracks, chips and damage.
Cleaning: upon removal of existing gel coat, the slide shall be cleaned by power washing
or wiping down to remove all old excess product.
Gel Coat Apply 20-25 plus mils of gel coat to Interior riding surfaces on your
waterslides. Handling and use: All materials need to be stored at stable temperatures
under 77° preferably indoors, and away from direct sunlight. A high quality methyl ethyl
ketone peroxide (MEKP) catalyst should be used between 1.5-2.5%. The gelcoat with
the catalyst must be gently stirred before taken in use. Product shall be no more than 4
months old.
Caulking, Caulk all seams on watersllde. Caulk all seams with Slkaflex chalk.
Training:The Slide Experts will train maintenance employees to better maintain
waterslldes.
Warranty: Include two year guarantee against chipping or flaking, includes material and
labor.
4 . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
None
5. OTHER CONSUL TANT RESOURCES
None
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
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Overall Project: Power wash, repair, sand, caulk and gel coat interior of (1) open orange
watersllde. Includes all labor, supervision, equipment and materials.
Gel Coat: Maxguard Gel Premium Gelcoat. Apply 20-25 plus mils of gel coat to Interior
riding surfaces on your waterslides. Handling and use: All materials need to be stored at
stable temperatures under 77D preferably indoors, and away from direct sunlight. A high
quality methyl ethyl ketone peroxide (MEKP) catalyst should be used between 1.5 -
2.5%. The gelcoat with the catalyst must be gently stirred before taken in use. Product
shall be no more than 4 months old.
Caulking. Caulk all seams on watersllde. Caulk all seams with Slkaflex chalk.
7. SPECIAL TERMS, IF ANY
None
8. MODE OF PAYMENT
Cash Disbursement -City of Englewood Check
9. PAYMENT SCHEDULE
10.
City will pay Consultant for the work in accordance with the following payment schedule.
All payments to Consultant are contingent on Consultant's satisfying the
Deliverables/Milestones set forth in the Payment Schedule . Payments shall be made
upon City's written confirmation to Consultant that the Deliverables-Milestones have
been satisfied.
Purshase Order Number will be established at the time of contract execution. Contractor
may invoice the City of Englewood up to 50% of at the time of contract execution and
then invoice for the balance upon successful completion of the project.
SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation
and delivery of the Deliverables by Consultant.
None
11. ACCEPTANCE AND TESTING PROCEDURES
Final walk through with City staff which may include a water and rider test.
12. LOCATION OF WORK FACILITIES
Substantially all of the work will be conducted by Consultant at its regular office located
in The Slide Experts. Inc, 5326 Citation Circle, Parker, CO 80134.
City will provide the City office space and support as it agrees may be appropriate, at i ts
Pirates Cove Family Aquatic Park, 1225 W. Bellview Ave. Englewood. CO 80110,facility.
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IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services
Agreement between the parties hereto dated April 21, 2015, the parties have executed this
Statement of Work as of this 1 day of April, 2015.
CITY OF ENGLEWOOD, COLORADO
By: ____________ _
(Signature)
(Print Name)
Title: ____________ _
Date: ____________ _
The Slid
Consult
By:~~144..~,:::::,..~~~~:..__ __
iflr°? Vl ,,....--
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INSURANCE
Insurance Limits:
9 The Contractor shall carry throughout the life of the contract the insurance listed below:
Under Section B
Public Liability
Property Damage
Under Section C
Public Liability
Property Damage
Public Liability and Property Damage Insurance:
Minimum Limits
$1,000,000
$1,000,000
Minimum Limits
$1,000,000
$1,000,000
The Contractor shall maintain during the life of this contract, Public Liability and Property Damage
Insurance acceptable to the City, covering the work contracted and all operations in connection
herewith, and whenever any of the work covered in the Contract is to be sublet, Contractor's
Contingent or Protective Liability and Property Damage Insurance. Such insurance shall provide
limits not less than those called for in these Special Provisions.
Automotive Liability and Property Damage Insurance:
Whenever the work covered by the Contract shall involve the use of automotive equipment, the
Contractor shall maintain during the life of the contract, Automotive Public Liability and Property
Damage Insurance. This insurance shall provide limits not less than those called for in these
Special Provisions to protect the Contractor from any and all claims arising from the use of the
following in the execution of the work included in the contract:
(I) Contractor's own automobile and trucks .
(2) Hired automobiles and trucks.
(3) Automobiles and trucks not owned by the Contractor.
Such insurance shall cover the use of automobiles and trucks both on and off the site of the
project.
Workers Compensation:
The Contractor shall comply with the Workers' Compensation Act of Colorado and shall provide
compensation insurance to protect the City from and against any and all Workers'
Compensation claims arising from performance of the work under this contract. Workers'
Compensation insurance must cover obligations imposed by applicable laws for any employee
engaged in the performance of work under this contract , as well as the Employers' Liability
within the minimum statutory limits.
Liability:
The Contractor shall indemnify and save harmless the City aga inst any and all damages to
property or injuries to or death to any person or persons, including property and employees or
agents of the City, and shall defend, indemnify and save harmless the City from any and all claims,
demands, suits, actions, or proceedings of any kind , or nature, including Workmen's Compensation
claims, of or by any whomsoever, in any way resulting from or arising out of the operation in
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connection herewith, including operations of subcontractors and acts or omissions of employees or
agents of the Contractor or his sub-contractors. Insurance coverage specified herein and in the ·
Special Conditions constitutes the minimum requirements and said requirements shall in no way
lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall •
procure and maintain, at his own cost and expense, any additional kinds and amounts of insurance
that, in his own judgment, may be necessary for his proper protection in the prosecution of the
work.
All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and
prior to a Purchase Order being issued. The completed Certificate of Insurance shall be sent to:
With an additional copy sent to:
Procurement Specialist
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
Management of Risk Administrator:
City of Englewood
1000 Englewood Parkway
Englewood, CO 8011 O
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. ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATIi (IIIIIDOIYY'tY) ~ 04/01/2015
~· THES801 OPID:KW
(i:S Cl!RTIFICATE 18 ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLO!R. 'Dfll
RTIFICATE DOES NOT AFFIRMATIVELY OR Nl!GATIVELV AMEND, EXTEND OR ALTER THE COY!RAGI AFFORDED SY THE POUCIEI
LOW. THIS CERTIFICATE OF INSURANCI! DOES NOT ' CONSTITUTI A CONTRACT B11WEEN THE ISSUING IN8URER(S), AUTHORIZED
REPRESEHTATJVI OR PRODUCER. AND THE CERTIFICATE HOLDER.
IMPORTANT: If tllt certlftcal9 holder la ■n ADDfflOHAL INSURED, the pollcy(IN) muat be endorud. If SUBROGATION IS WAIVED, subJ.ct to
the farms and conditions of lht pollcy, certain pollcl• may requlr■ ■n endorumtnt. A statement on 1h11 c■rtfflcata dOM not confer rfahta to th•
ctrtlftca19 holder In 11,u of such endm.ement1al.
l'IIOCKJCEII . ~ Cdarado ~-Inc Colorado Insurance Benefits I e-.303-841-8141 I ra; -. 303-&49-4930 tal ~Intl '320
GrN Vl_l~O 80111 -Jewel .. Inc.net
Colorado Ins Be Inc ---· IUIIC•
--■llA:EleltdllV Asaurance ComDam
IIIIURID The Slide Experts, Inc. mu...■,Plnnacol Asaurance Com-'1190
Jim Gardiner .IUIWICI 5321 Citation Clrcle
Partee,, CO 80134 IN■UlllllDI ' -•: -,:
COVERAGES ~ .,c_NUMSER: NUMBll!!R!
I THIS IS TO camFY THAT THE POLICIES OF INSURANCE USTED BEi.CW HAW SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITI-ISTANDING NlY REQUIREMENT, TERM OR COHDrTION OF ANY C0HTRACT OR OTHER DOCUMENT IMTH RESPECT TO WHICH THIS
CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY lllE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL lliE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,. TYl'II OI' INSUIIANC■
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A X COIIM!IICIAL G!HEIW. IJAaffY &ACH OCCUIIRENC! • 1.000,00C -D Cwa-MMJE I!] OCCUR iVUMCOOlll20 ~--03lt0l2015 03/10l2011 • 100,00C --Ml!DElCPIAiat---•
PERIONAL INN INJURY 'I 1,000,00C -GEN'L AGGIIEGAll LNIT APPUES l'Elt GEHEIW. MJGMGATE • 2,000,004
~ = □ ~'Wi □ LOC
PAOOUCTII • COlol'mP AGG • 2,000,001
' () Alff0MON.IIUA■un' -· • -AM'fAUTO IOOLYIWRV(l'WplllGII) t -~ -ICHEDUl.£D MITOI IOOIL Y INJURY (PW acckllnl) I --NON-OWNID .. ·-• -HIIIED Ml1'0I -AUTOS •
Ull■MUA UU H::M~ &ACH OCCURMNCI • -ucu■uaa AGGREGAll! • -1 I'-• WOIUCYa COlll't!NIATION X mftlff I ,~ ...
a ANO IIOLOYIM' UA■IUTY YIN ~171HS 01/22/2011 01/01/2011 100,001 MN PIICPAIET0RAWITEMXIICU1IW C NIA E.L EACH ACCIJEHr • OFFICEftlllEll■ER ElCCUJt>eD7 100,00C • ......, ... NHt 8.L DISEASE • EA ---· I r-c111e111e...-~
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, 1'!.L Dladli -POLICYUMIT I IOO,OOI
DUCIUl'tlON o,Ol'SIA1IONIILOCATIONS/IIIHIClU IACl)IID ttt,Mdllnll ,._,.. lclledull,,_,lle lllllcllod Ir-.,-.. ,..._.
30 day notlc• of c:ancellatlon except 10 daya for non payment of premium.
.. ....,.... ... ,.,... e~ll'LL.I. TlftN ~ "'
CITVENG I SHOULD AHY 0, lHI ABOVR Dl!SCRIBl!D POUCl!S SI CANC!U.ED BEFOM
City of Englewood I THI EXNtATION DATI! 1HEREOF, NOTICE WILL B! Da.N!RED IN
ACCORDANCE wmt TH! POLICY PftOVllt!iN&
Procu,.ment Speclallst ..,
Management of Riek Admln. AlffllOIIIZB IUil'IIDIIITA1NI \ I
1000 Englewood Parkway Colorado Ina Beneflla Inc rr ,\J\ Englewood, CO 80110
I
Cl 1111-Z014ACORD"CORPORATION. All rights m,rved.
ACORD 25 (201"101) Th• ACORD name and logo.,. rwglstered marb of ACORD
Fam W•9 Request for Taxpayer Give Fonn to the
(Rev. Decembw 2014) Identification Number and Certification requester. Do not
IJl!l)allmant of Iha Treaau,y send to the IRS.
lnlemlllnev11n111Serv'Q
1 Name laA snawn on ya~ Income tu l'llllm). Name is req\Jired on thia line; do not 1-this lirltl blank.
.,; 2 Busilea name/disregarded entity -d d•lfinnt from above
i The Slide Experts, Inc. .. -
3 0,eck app,npriatll boa fOf fedoral tu claslllc:alion: cited< only one crf the following smtn bol<es: , &9ffll)tlanl (codes apply on1v to & 0 lndMdual.'lole pioprie1or or D C Corporatron 0 s Colporilbon O l'artnnhlp D Trust/estate cenaln nntH;es, no! lndi,,illuals: SH
lnstructlonaon page 31: tt aingl•member llC 0 United liallility C<lffll'lll1Y. l:tller Ille tu ctas.lllcallon IC..C: corpontlon, S•S cotpar.lllon, P.pa,tnenhlpl"'" Exemut payee cede 01 any! ___
---EumpllDn Imm FATCA report111g Nol-. For a single-member U.C that II disregarded, do nae C119Ck U.C: cnadt the app,opnale bOx ,n the hne OIXMI for
Ille tu clllNlflcilllonol lho s,ng1&-memt1et owner. ccd• (ilanY) -e_ D Other 1-rnatruct~ ►
_____ ,,_US)
11,i II Adcnsa (,-,mt>e,, alreet, ond apt. or suite noj Requester"s name and addrus {DpllOnlll)
.f 5326 Clbltlan Circle
! I Qty, state, and ZIP code
Parker, Colorado 80134
7 list accaunt numbat(sj her9 foptlonal) -· -··
. Taxpayer Identification Number mNI
I Sodal--.ttynumbar I Enter your TIN In tha apprapriata boL "The TIN pl'Ollldad ml.JIit match the n1111111 g1111111 on ffne 1 to avoid
backupwtthholdlnll, For Individuals, thls lsgenerallyyour social security number (SSN). However, fora [IJJ [D I I I I I
resident alien, sole prol)l1et0r, or disregarded entity, see the Part I Instructions an page 3. FOi" olher --
entltlas, It fa your employer lclcntlrrcatlon number (EIN). If you do not have a number, see How 10 get a
TIN on page 3. ;:.oa:,,-,---:--:-.....,,,=-,,...-....,..-----,
Note. II th11 ar::count ls In IT10f9 than one name, see the Instructions ror lino 1 ond the chart on pa11e 4 lor I _Empklyer ldanllllcallon """"-'"
guldellnea on whose number t o enter,
27-0459598
Certification
Under penalties of perlUfY, I certJfy that
1, The number shoWn on this lam Is rrr, COIT1!ICt taxpayer ldenlltlcatlon number (er I am waling for a number to be Issued to me); and
2. I am not subject to backup wlthholdln11 beceusa: (a) I IWT1 exempt from backup wlthholdng, or (b) I have not been notified by the Internal Revenue
SIIIV!ce (IRS) that I am subject to backup wlthhaldlng • • rHUlt of a faftura to N1p01t all lntarest or dlvldend11, or (c) the IRS hu nollfled ma that I am
no longar subject to backup withholding; and
3, I om a U.S. citizen or other U.S. permn (defined below): and
◄. The FATOA c:ode(s) am,n,12 on this fDnn (If any) lndlcat1n11 U!at I am exempt rrom FATCA. reporting Is Correct.
C1rtlflcatlon lns1ructlon._ You must cross out Item 2 above If you have been l101lffed by the IRS that you are currently subject to backup wlthholdlng
because you have failed to repart al Interest and dMdands or, your tax return, For raal estate lransac:tlona, Item 2 does not apply. For mortgage
interest paid, acquJsllion or abandanment of secuntd propeny, cancellation ot debt, contrfbotions to an Individual rellnlment ammgemenl ~RAI. and
generally, payments other than Inter and dividend you an, not required lo ,lgn the cenlflcatlon, but you must provide your ccnect TIN. See the
Instruction, Oil_ page 3.
General lnstru
Section •elentnoa are lo the Internal i;e,,.,u• Code uni•• ol!lSWiH noted.
Futura dtollll-■ab. lrdcrm.ua,, about dellelapmetlls allecling Fotm W-9 (suer,
a leglclatlon enacted ll!tor we ,etene ii) ,s al www.lts.r,av/lw9.
Purpose of Form
/41'1 lndlvldual or lll1ffly (Form W-9 ,equeste,) wha ii 19q11iRld lo ftle an lnlormallon
re!um with Ill• IA$ must obtain your cam,ct laxpa)lllr ident!Wc:atlon numr:. CTJ/\9
which may be Yolr90c:ial secumy numbef (SSN), lndiYfdual taxJ)a)'llr ·dentlfir::allon
number (TTIN), lldOpllon taxpayw ldantlllcatiOn n..n>c:r IA TIN), or employer
idenUflcation numbe" (l:IN), lo 1epo,t on an inl-nlllm Iha""''"''" paid Ill
ya,u, Ill" other amount n,ll!Dltal)la on 1111 in~ nm,m, E.amples of il>fonnalion
1111um1 lnctudl, but.,.. not Clmltecl to, tile lollow,ng:
• Form 1099-INT (1nt8191t earned or paidJ
• Form 1099-0IV (dividends, Including lhmlt fnm stocks or mutual fundlj
• Form 11199-t..lSC t,ariale types of Income, pnze:,, awards. or gro!III Pff>CIN!dlll
• Form 10911-8 (51ock or mutual fund IS:lla11 and CO/laJn other tr!llsldlons by
brokers)
• Form 1099-S (proceeda from,.,. IISlate tnir>sacil on s)
• Form 1099 K (mercllanl card and thin! fMIIY nel1'/0fk transactions)
• Form 1091 (home 111011gage ltllnaQ, 1098 E (StUdent loan lnleflllll, 109a·T
(tuition)
• Form t~ (canceled debt)
• Form 11199-A (acquisition or abandonment ol GecUred property)
Uae Form W-9 only If Vol.I 1119 D U.S. -Qndudlng a reaidenl al-,), to
PfOVid• your COffl!Ct TIN.
If you donotrelum Fann W-9 to the,equalDrwmtr e 71N, )'OU fflirlhl bl aut,joct
to~~ willtllal:Jkv. Sea WlwJI b badlllp -.oii:t1111 '7 ..n paa-2,
By signing the flllad•out form, you:
t Cenlly lhal Iha TIN you a,egtvtng Is cmnict {or yc,u ;n waiting for a number
lo be i!IIIUed),
2 . CenllY 1h11 you are not sulllt(:t to bad<u11 withhold•no. or
3. Claim IWlfflpllon trorn batl<up w&Wlokl,ng ot you are a U.S. ••wnlll payee. If
eppicable, you ant aleo cartll'ylng 111111 • 11 U.S. penon, yolll' allocalllll llll.n of
any i-tntnllip income fnim a U.S. trade 0t business Is not 11Ubject lo the
wrll1h0klng tax on foreign pa111, .. • lhani rA ~ly connected incorr.e, and
4. c..tify th-1 FATCA coele(s) enllfed an this loon lit any) lndieating lhlll yoo are
exempt from the FATCA n,pcxt,no, la amict. See Wl,at Is FA 1'CA rvpolfing? on
pa1112 for lurlller rnlonnat,on.
C..t No . 1lla31lC Fotm W-9(Aev. 12-2014)
. •
COUNCIL COMMUNICATION
~ -Date Agenda Item Subject
March 20, 2015 11 C ii Award Pirates Cove Slide Gel Coat Project
Initiated By Staff Source
Department of Parks and Recreation Joe Sack, Recreation Services Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Vision: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community
identity through the delivery of reliable, affordable, and flexible services and by proactively collaborating with
our citizens and businesses to develop an environment that fosters safety and opportunity.
Council has supported previous repair and maintenance projects to keep the facility operational and provide
a safe environment to all guests.
RECOMMENDED ACTION
Staff recommends that Council approve a resolution authorizing a construction contract for the "Pirates
Cove Slide Gel Coat Project". Staff recommends awarding the contract to The Slide Experts in the amount of
$33,600.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Resurfacing of the riding surface within a waterslide is a reoccurring maintenance item in the aquatics area.
Resurfacing is more frequent in an open slide due to the effect of the sun and weather. The Pirates Cove
Orange (open) slide is in need of resurfacing. After eleven years of use and the effects of the elements the
riding surface is no longer smooth.
Resurfacing the riding surface will return the slide to the factory conditions and restore a comfortable riding
experience to our guests. This repair will decrease safety issues and will allow the slide to be certified as
required by the state.
The City of Englewood's objective is to hire a qualified and competent Contractor to provide all labor,
materials and equipment necessary to gel coat the orange slide at Pirates Cove. The open flume orange
slide is 298 linear feet. The existing Gel coating removal and cleaning of the slide and other incidental work is
included as part of this bid. This project will begin after the signing of the contract and will be completed on
or before May 8, 201 5
FINANCIAL IMPACT
Funds for this project were approved in the 201 5 Conservation Trust Fund budget.
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Memo -Justification
esolution
• City of Englewood Bid Tabulation Sheet
Bid Opening Date: March 24, 2015 2:00 P.M. MDT I •. 'Apparent Low Bidder • I
ITEM BID: ITB-15..004 Pirates Cove Slide Gel Coat Prgect .
l:IIIUDUllU
Vendor YIN SOQYIN Total Bid Exceptions/Comments
The Slide Experts, Inc.
5326 Citation Clrle
Parker, CO 80134
720-940.()106 Gel Coat Interior of
James Gardiner -Owner y y $33,600.00 (1)8IICN
SMdecare, LLC .,. •1 , .
32981 Pin Oak Parkway Unit #4 . '·, ~ ~-. -. ~ •• 0\ .-' --
Avon Lake, OH 44012 ' ' -. -. ,..., , ... _ .. ' . --,.
440-830-2490 --Slkle Refinishing --
George Fischer-Owner --' y y $24,444.00 -
..
Memorandum
TO:
FROM:
DATE:
RE:
Joe Sack. Recreation Services Manager
Brad Anderson, Facility/Program Supervisor
March 30, 2015
Pirates Cove Slide Gel•Coat Bid
The orange slide at Pirates Cove is in need of being gel•coated. After 11 years of use, the riding
surface is no longer smooth. On March 4111 an Invitation to Bid went out with bids being opened
on March 24th. Two bids were turned in with the following:
-The Slide Experts $33,600
Slidecare LLC bid $24,444
The bid stated:
Remove existing gel coati Remove exjsting gel coat to the fiberglass by sanding and removal of
caulk in all joints.
Cleaning; Upon remove of existing gel coat, the slide shall be cleaned by power washing or
wiping down to remove all old excess products.
Gel Coat: The application of gel coat shall be a minimum 2Qw2S mil thick.
Caulkingj Caulk all seams with Slkatlcx Caulk.
Slidecare's bid was written as a Product Substitution applied at a 7 mils thick.
I recommend awarding the bid to The Slide Experts due to the fact the bid is for the product
specified in the specifications of the bid. I have talked to other operators who have had slides
coated with the substitute material, with the product failing within 1-2 years. It is my
anticipation the gel.coat from The Slide Experts will last a minimum 10 years.