Loading...
HomeMy WebLinkAbout103009 PORTER INDUSTRIES INC - CONTRACT - BID - 5808 CARPET MAINTENANCEBid #5808 SERVICE AGREEMENT Carpet Maintenance 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 PORTER INDUSTRIES, Inc., 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 Carpet Maintenance services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eight (8) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence January 1, 2004, and shall continue in full force and effect until December 31, 2004, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than 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 Porter Industries, Inc. PO Box 580 5202 Granite Street Fort Collins, CO 80521 Loveland, CO 80538 Bid #5808 conforms to contract requirements and (2) reduce payment to reflect the reduced value of the services performed. 8. Lost And Found Articles The Service Provider shall insure that all articles found in the building by his/her employees while performing duties under this contract are handled as specified for each building. 9. Interference With Business The Service Provider shall schedule his work in coordination with the City's representative so as to cause a minimum of interference with City business. Any work which the Service Provider deems necessary to be performed on Saturdays, Sundays, or legal holidays shall be approved by the City's representative and City meetings conflict with cleaning tasks, the Service Provider shall reschedule these tasks to assure that the cleaning will be completed before 8:00 a.m. the next working day. 10. Accident Prevention And Safety Requirements A. The Service Provider shall use prudent safety precautions for protection of the life and health of his/her employees and other persons, to prevent damage to property, materials, supplies, and equipment, and to avoid work interruptions in the performance of this contract. Service Provider shall also take or cause to be taken such additional measures as the City's representative may determine to be reasonably necessary. B. The Service Provider shall submit a detailed report within 8 hours to the Directors of General Services on all accidents resulting in death, serious injury or damage to property, materials, supplies, and equipment incidental to work performed under this Contract. All accidents and minor injuries shall be reported to the City's representative within a reasonable time. 11. Utilities: Power, Water and Lights A. City shall supply electric power and water without charge to the Service Provider. B. Service Provider shall use these utilities as needed but without waste and lights will be turned off in areas as cleaning is completed. 12. Supplies And Materials A. The Service Provider shall supply all materials and supplies to perform this contract. B. The Service Provider shall provide and use fans to dry any carpeted area after cleaning that will not be dry by the next business day. These fans will need to be picked up before 8 AM the following day. C. Whenever possible, the City prefers the use of effective, environmentally friendly cleaning chemicals. 1. The PH of all chemicals must be under 10. 2. The chemicals should not contain optical brightners. 10 Bid #5808 3. The chemicals should be anionic. 4. The chemicals should be phosphate free. D. A Material Safety Data Sheet, OSHA Form-20, shall be submitted to the City's representative for each chemical and/or solvent cleaning agent to be used in the performance of this contract. The City Representative must approve all chemicals prior to use in any City building. E. Cleaning materials shall be labeled to identify contents by its name and manufacturer and/or brand designated and safety information. Cleaning materials shall remain readily identifiable at all times by preserving the original label on the material package. Cleaning materials shall not be removed from one container and placed in a container not identified as the exact same material. 13. Communications All complaints, requests, information, etc, between the Service Provider and the City's representative is to be in person or by phone or fax message. The Service Provider will fax or leave a phone message for the City Representative before 10:00 a.m. stating all areas that were cleaned the previous evening. The City will also keep a logbook of the action and the response for proper evaluation of consistency of performance by the Service Provider. 14. Changes In Work Requirements During the contract period or its extension, the City may at any time delete or add carpeted areas or buildings from this scope of work as the City, in its sole discretion, deems necessary or appropriate. The contract sum shall be adjusted by such deletions or additions on a pro rata basis. 11 Bid #5808 7.0 BUILDING LOCATIONS Carpet Maintenance Total S. F. Build! n Locations Desi nation Building Location Map Approx. Orange Blue Yellow Location Carpeted SF High - Medium Low - 215 Mason -1s1 Floor 215 N. -Mason B - 30 14,676 12 x r. 3,206 4x r. 3,484 1 x r. 7,986 215 Mason -2" Floor 17,355 1,260 3,874 12,221 215 Mason - 3` Floor 17,912 1,358 2,0 33 14,541 281 N. College - 2" Floor 281 N. College B - 11 8,993 1,318 454 7,221 281 N. College - 15' Floor -College 14,326 2,907 1,895 9,524 CIS - 330 S. College 330 S. B - 26 61045 1,961 210 3,874 Meter Readers - 330 S. College 330 S. College B - 26 1,576 567 1,009 Budget Cottage 321 Maple B - 37 1,837 370 1,467 City Hall - Main/2" Floor 300 Laport B - 7 9,227 674 3,776 4,777 City Hall - Basement/1"Floor 8,853 200 1,442 7,211 City Park Center 1599 City Park A - 19 168 168 EPIC - 1" Floor 1801 Riverside A - 22 8,126 1,273 6,260 593 EPIC - 2" Floor 1,678 1,678 Fleet Services 835 Woods A - 5 2,512 719 1,793 Grandview Office 1900 W. Mt. A - 46 454 454 Libra - 2" Floor 201 Peterson --B-- 14 15,376 3,611 305 11,460 Libra - 15 Floor 9,077 4,158 325 4,594 Mulberry Pool - 15' Floor 424 Mulberry B - 15 1,504 475 1,029 Mulber Pool - 2 nd Floor 3,445 2,571 874 Museum - 1" /Mezzanine 200 Matthews B - 32 4,173 2,563 1,610 Museum - Basement 1,563 1,563 Nix Farm Office Hoffman Mill Rd. A - 52 2,365 727 1,638 Northside Atzlan Center 112 Willow B - 6 2,452 1,378 1,074 Operations Services 117 N. Mason B - 12 5,451 1,900 3,551 Park Shop 413 S. Bryan A - 20 4,500 1,333 889 2,278 PFA - 2" Floor 102 Remington B- 24 2,098 998 214 886 PFA-15 Floor 1,918 530 358 1,030 Police Services - 2" Floor 300 La orte B - 8 6,278 722 1,015 4,541 Police Services - 1s' Floor 5,666 1,404 2,143 2,119 Police Services - Basement 2,100 754 1,346 Recreation 214 N. Howes B - 34 4,646 1,347 1,232 2,067 Senior Center 1200 Raintree A - 20 10,786 6,084 3,627 1,075 Transfort 6570 Portner A - 48 2,905 1,202 851 852 Transit Center 250 N. Mason B - 10 4,007 1,483 1,343 1,181 Water Reclamation Drake Rd. A - 3 5,491 1,296 2,951 1,244 Utilities Services 700 Wood St. A - 50 40 177 mmmL�8 735 10 709 20 733 Totals 249,716 51,094 67,766 130,85 12 Bid #5808 Exhibit B: Insurance Requirements 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance 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 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. 1, Bid #5808 Exhibit C: Pricing Chair Cleaning 1. Conference Room Chairs with Cloth Back. Cost to upholstery clean 1 chair 7.50 Cost to upholstery clean 5 or more chairs at one time in one building 4.50 2. Desk Chair with Vinyl Back. Cost to upholstery clean 1 chair 8.50 Cost to upholstery clean 5 or more chairs at one time in one building 5.50 Carpet Cleaning Per square foot cost: Areas cleaned twelve (12) times per year, Mist & Scrub Method .03 Areas cleaned twelve (12) times per year, Extraction Method .055 Areas cleaned four (4) times per year, Mist & Scrub Method .03 Areas cleaned four (4) times per year, Extraction Method .055 Areas cleaned one (1) time per year, Extraction Method .06 14 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, the sum of Fifty -Five Thousand, Four Hundred Forty -One Dollars and Fifty -Six Cents Dollars ($55,441.56). Additional services shall be priced according to the prices contained in Exhibit "C", Pricing, consisting of one (1) page, attached hereto and incorporated herein by this reference. 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 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 for a period beginning with 2 n Bid #5808 the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2nd Floor, Fort Collins, CO 80524, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 3 Bid #5808 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. ATTEST h��5 u City Clerk ewvJ APPROV 4FORM: Assistant City Attorney THE CI F FO T COLLINS, COLORADO By: a . Joh Fis ach, Cit ariager By: Jame B O'Neill II, CPPO Direct r of Purchasing & Risk Management Date: PORTER INDUSTRIE , Inc. p Steve Hendrickson, President Date: l/ ZAI o 3 TTEST: (Corporate Seal) Corporate cretary 11 Bid #5808 Exhibit A: SCOPE OF WORK 1.0 GENERAL INFORMATION Carpet in City Facilities has been categorized into traffic areas on this Scope of Work. The required maintenance schedule for each traffic area is as follows: Areas designated as HIGH traffic will be maintained as follows: • Once a month using a truck mount hot water extractor. 2. Areas designated as MEDIUM traffic will be maintained as follows: • Every three (3) months using a crystallization/encapsulation method (mist and scrub). • Alternate with hot water extraction. 3. Areas designated as LOW traffic will be maintained as follows: • Once a year using a truck mount hot water extractor. 4. Pile lifting and spot cleaning of each area every time that area is scheduled for maintenance. 5. Provide upholstery cleaning on an "as needed" basis. The schedule of when the maintenance work will be executed within each traffic area will be established through meetings between the City representative and the Service Provider. The schedule will be provided yearly to the Service Provider and updated as changes occur. When the crystallization/encapsulation method (mist and scrub) is used it will substitute for the next scheduled hot water extraction. 2.0 CARPET INFORMATION The carpet throughout the various buildings incorporates 100% nylon fibers in both loop and cut pile textures of various pile heights. The carpet is directly glued to the sub -floors and is found in carpet tiles and broadlooms. The carpet manufacturers have approved the maintenance methods specified in this Bid Request package as being acceptable procedures for maintaining carpet qualities. 3.0 CLEANING METHODS TO BE USED Crystallization/Encapsulation (Mist & Scrub) Cleaning Method A GLS mechanical agitation system using crystal dry (or comparable) to mist and scrub the carpet. A Crystallization/Encapsulation method encapsulates soils which dry to a crystalline form that is vacuumed up. It is to be periodically used in the medium traffic areas. Only the following crystallizing cleaning agents may be used: 5 Bid #5808 R.E. Whittaker Product Name: Crystal Dry Collins & Aikman Product Name: Syon 5 Hot Water Extraction Method The following types of Chemicals are to be used for the pre -cleaning of carpets before hot water (only) extraction cleaning is completed: Carpet Pre -conditioners / Traffic lane cleaners Extraction Detergent / Rinsing agents 4.0 CLEANING PROCEDURES Crystallization/Encapsulation Cleaning Method (Mist And Scrub) • Clear the area of chairs and small furnishings. • Pile lift heavily soiled and heavily trafficked areas. • Vacuum the entire area with the recommended equipment. • Spot clean entire area using appropriate spotting techniques. • Apply crystalline mist diluted. • Agitate with mechanical cylindrical brush such as Whittaker GLS 20. Hot Water Extraction Method • Clear the area of chairs and small furnishings. • Pile lift heavily soiled and heavily trafficked areas. • Vacuum the entire area with the recommended equipment. • Spot clean entire area using appropriate spotting techniques. • Power spray the area with recommended cleaning agent. • Agitate with RX20 Rotary Scrubber or comparable equipment in most heavily, soiled and heavily trafficked areas. • Allow for appropriate chemical dwell time as recommended by chemical manufacturer. • Extract the area with hot water using a scrub wand. Lei Bid #5808 • Additional pile lifting may be necessary in areas that still show signs of crushing. • Furniture that is put back in place should be blocked so that metal and wood do not come in contact with the damp carpet. NOTE: Security of building shall be maintained during cleaning process. The City requests the use of a "prop n lock" (or comparable) to maintain security during hot water extraction cleaning in a building. 5.0 APPROVED EQUIPMENT Vacuums • Wind sor-Versamatic or equivalent commercial upright that utilizes: A. Top fill retrieval airflow system B. Dual motor commercial vacuum. One for the actual airflow and suction and another separate motor to drive the nylon -bristle brush. C. Filtration system (system refers to the combines effort of both the vacuum unit and the containment system) should be capable of filtering at least 95% of dust and contaminants to the.5 micron range. • Minimum specifications: Total wattage: Vacuum motor Brush motor: Water lift: Air volume: Sound Level: Cable: Bag Fill Locations Bag capacity: Filtration System: Agitation Equipment 900 minimum 750 watt 150 watt 69 inches 91 CFM 65 dBA 40 foot 18 gauge Top fill 300 cubic inches Minimum 95% efficiency for dust and contaminants to .5 microns in size. • Model GLS-20(or comparable) as manufactured by the Whittaker Company. As appropriate for the carpet to be cleaned. Pile Lifter • Certified pile brush manufactured by Certified Equipment Company, Cleveland, Ohio Extractor And Water Heater • Steamway Powermatic Legacy 2100 or comparable that: 7 Bid #5808 • Has a minimum air flow vacuum of 325 cubic feet of air per minute and a minimum water lift rate of 14 inches. • Extractor must be able to generate a minimum of 1500 psi. • 231,000 BTU fuel oil heating system. Can attain and maintain solution temperatures up to 250 degrees F at 2.1 gpm. 6.0 SUPPLEMENTARY CONDITIONS 1. Work Hours All work shall commence after 6:00 p.m. Work may not commence in some buildings until after 10:00 p.m. No work shall be conducted without prior approval or authorization by the City Representative. The City representative shall coordinate work with Service Provider and access cards or keys for entrance to each site. 2. Qualification Of Employees All employees shall be physically able, capable and qualified in this type of work and must have received IICRC certification in commercial cleaning and training in the use of materials in the performance of their work assignment. Copies of IICRC certification shall be provided prior to the issuance of the Notice to Proceed. 3. Access To City Facilities The Service Provider must conduct a criminal check from CBI (Colorado Bureau of Investigation) through a 3rd party investigating firm for any person who needs access to City facilities to perform the Service Provider's obligations under this Agreement. The Service Provider must provide the City Representative with a copy of the determination from CBI for each person seeking clearance. The City may deny clearance to any person who meets the following criteria: a) Has an active criminal arrest warrant; b) Has a felony arrest or conviction; c) Has a drug -related misdemeanor or a petty offense conviction; d) Has a non -drug -related misdemeanor or a petty offense conviction within the past three (3) years; e) Is a suspect in an active criminal investigation; f) Was previously terminated from employment by the City of Fort Collins; g) Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. Human Resources shall provide the contractor with identification cards for all persons given clearance. Such identification cards shall be displayed, in an easily seen manner, on the person of all employees and representatives of the Service Provider at all times such persons are in City facilities. Identification cards and access cards and keys to City facilities of persons who are no longer employed by the Service Provider or who no longer work in City facilities shall be immediately returned to the City representative. Bid #5808 Any employee or representative of the Service Provider found in a City facility without a properly displayed identification card is subject to immediate eviction from the facility. The Service Provider shall provide the City with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all employees and representatives of the Service Provider. The Service Provider shall keep this list current and shall immediately inform the City of all personnel changes. 4. Building Security The Service Provider will assign a member of their staff to be responsible for locking all exterior doors upon completion of their work each day. Only Service Provider employees assigned to the building are authorized in the building. Rooms, which are locked, will be relocked after cleaning them. A Prop-N-Lock (prop-n-lock.com) door locking device (or comparable) must be used by the technician to secure the exterior of the building while using a truck mount unit to clean inside the building. 5. Conduct Of Work A. Quality cleaning to the satisfaction of the City Representative will be required. B. Service Provider's employees shall conduct themselves in a professional way. They shall not disturb any personal or City property. C. Any damage to office equipment, furniture, walls, carpet and floors, caused by the Service Provider's employees in the execution of their work shall be the Service Provider's responsibility and expense to repair or replace. Any damage to the plumbing system caused by improper or unauthorized use or disposal of chemicals or acids which result in repair or replacement of damaged piping or plumbing shall be at the Service Provider's expense. D. The Operations Services Department will issue card access and keys. Any lost or additional keys will be charged to the Service Provider, along with any cost associated with the need to re -key locks, this will also apply if the keys are given to unauthorized people. Lost access cards need to be reported immediately so they can be deleted to prevent unauthorized use. E. Security alarms must be disarmed and armed using the correct procedures. $50 will be charged each time the Police are dispatched because the Service Provider has set off the alarm. 6. Inspection Of Services The Service Provider shall provide and maintain an inspection system covering the services under this contract to ensure services are performed in a quality manner. 7. Service Performance A. The City has the right to inspect and reject any work that is unsatisfactory. B. If any of the services do not conform to contract requirements, the City may require the Service Provider to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services can not be corrected by re -performance, the City may (1) require the Service Provider to take necessary action to ensure that future performance X