HomeMy WebLinkAbout103009 PORTER INDUSTRIES INC - CONTRACT - RFP - P897 CUSTODIAL SERVICESSERVICES AGREEMENT
Custodial Services
Porter Industries
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 custodial services in accordance with the scope of
services attached hereto as Exhibit "A", Scope of Work, consisting of thirteen (13) 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.
The Agreement may be extended by agreement of the parties for additional one year periods
not to exceed four (4) additional one year periods. If the City wished to extend the Agreement it
shall provide written notice of such extension to the Service Provider at least 60 days prior to
the end of the then existing terms. The Agreement will be extended for the next year unless the
Service Provider gives written notice to the City of the Service Provider's decision not to extend
within 15 days of receiving the City's notice to extend. If the City does not provide written notice
to extend as provided herein, this Agreement shall automatically terminate at the end of the then
existing term. There shall be no increase in contract sum for the second year of the contract if
renewed. Pricing changes for all other renewal periods 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.
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:
City of Fort Collins
PO Box 580
Service Provider:
Porter Industries, Inc.
5202 Granite Street
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Cleaning Supplies
A list of products used by the Service Provider shall be submitted to the City for approval during
the start up period. All listed equipment and materials are the responsibility of the Service
Provider. These specific products will need to be supplied and used by the Service Provider as
indicated: Disinfectant is to be used on all rest room and locker room surfaces. Non -
ammoniated glass cleaner on tinted glass. Stainless steel cleaner on the EPIC locker room
stainless fixtures. The following products cannot be used at the City for any maintenance
purpose: pine oils, bleach, ammonia, de -scalers, lye, oven cleaners, steel wool, powdered
cleansers: Samples of additional janitorial supplies which may be recommended by the Service
Provider shall be submitted to the City Representative for approval thirty (30) days prior to the
contract start date, or date of intended use. The pH of any cleaning materials shall not exceed
nine (9). Whenever possible the City prefers the use of effective environmentally friendly
cleaning chemicals.
Material Safety Data Sheet
The Service Provider shall submit Material Safety Data Sheets on all products prior to contract
start up, in a form acceptable to the City.
B. Systems Support
As may be requested by the City, the Service Provider is to provide the systems and technical
expertise necessary to set or redefine staffing labor and resource requirements. Those
providing this support shall be experienced and competent, and shall develop their
recommendations on the basis of the City defined cleanliness levels.
C. Service Provider Resource Responsibility
The Service Provider shall contractually establish and provide all labor, equipment, tools,
supplies, supervision, management and other resources and services necessary to achieve the
cleanliness, customer satisfaction and management response specifications as defined in the
agreement. This commitment MUST include all routine, periodic, project and other tasks and
frequencies needed to meet the quality specifications noted. It is intended that no project or
special work is billable under this contract, except in a rare or unusual situation. And in this
event, authorization must be obtained for added billable work. The Service Provider will notify
the City, with a written order, and will schedule each special project to be performed, when such
work supervision falls outside the context of the agreement.
D. Service Provider Staffing
The Service Provider shall be obligated to provide its proposed number of custodial personnel
to perform the duties required in accordance with this agreement at all times. The Service
Provider shall keep on file and furnish to the City Representative a monthly report that includes
a list of the names of all personnel presently working in each building and number of hours
worked by each person, as certified by the Service Provider's time records.
All employees of Service Provider employed to carry out the custodial cleaning services
proposed are subject to final approval by the City. All employees of the Service Provider will be
required to adhere to City Security, Fire and Safety Regulations for Service Provider employees.
Service Provider agrees that it will, upon notice from the City, remove any supervisor or
employee who is, for any reason, unsatisfactory to the City, and replace him/her with an
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employee satisfactory to the City. The Service Provider shall not represent that it and its
employees are either agents or employees of the City.
All Service Provider personnel shall be physically able to do their assigned work.
All Service Provider personnel shall be capable employees, thoroughly trained and qualified in
the work assigned to them. The employee shall receive a copy of the Building Information
Sheet along with appropriate training specific to the needs of the building (buildings) prior to
performing the cleaning duties. A copy of the supervisor's training record must be maintained
and provided to the City in advance of employment on site. Every new employee must receive
OSHA's Hazardous Communication Program and Blood Borne Pathogens training using an
established program, prior to working in any City building.
The Service Provider agrees that only assigned personnel will be permitted on the City
premises and no other personnel including, but not limited to salesmen, friends, relatives or
minors, will be allowed on premises without prior notice and approval by the City.
The Service Provider employees shall supervise all routine, project, and other work in such a
way as not to interfere with regularly scheduled City activities.
E. Customer Service Policy
The Service Provider shall establish a clear Customer Service Policy which is communicated to
its employees.
F. Site Management
The Service Provider shall provide nonworking managers and supervisors to ensure the
performance of the work and proper supervision of cleaning employees.
The Site Manager shall demonstrate adequate knowledge of cleaning equipment, tools,
chemicals, techniques, and related activities and shall be able to recognize any situations or
circumstances under which the cleaning techniques defined may be improved upon. Proof of
this training and knowledge is required.
The City shall have the right to make minor adjustments in the tasks, areas, or employees if
such minor adjustments do not cause an increase or decrease in the quality and performance
targets to be achieved. It is understood that additional building space or other areas may be
added, at the City's option, utilizing the change order procedures outlined in this document.
The City shall have the right to cause the Service Provider to replace any individual functioning
as Site Manger or supervisor.
G. Special Requirements
Service Provider must ensure all exterior doors are locked, as necessary, while cleaning and
upon leaving the buildings. All rooms which are found locked are to be relocked after cleaning.
The City requires the Service Provider turn off all lights as cleaning is completed. 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.
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CITY SUPPLIED ITEMS
Utilities
The City will provide, at no cost to the Service Provider, electricity, water, and telephone
services (limited to local official contract business).
Office Space
The City will provide, at no cost to the Service Provider, desk space at 117 North Mason in
which to establish an on -site presence. Custodial closets are located in various City facilities,
as denoted on the building floor plans presented in the Supplemental Information, for the
storage of supplies, materials and equipment.
SERVICE PROVIDER OPERATIONAL REQUIREMENTS
A. Key Control
The Service Provider shall establish and implement adequate methods of ensuring that all keys
and access cards issued to the Service Provider by the City are not lost or misplaced and are
not used by unauthorized person. They shall not be marked with identifying building name.
As a minimum, all such keys shall be kept in a locked key board in the office of the Service
Provider. The Service Provider shall provide the City with keys necessary to open the locked
key board.
No keys issued to the Service Provider shall be duplicated. Access Cards and fobs will be
issued in the name of the Service Provider's custodians. Any loss must be reported
immediately. The Access Fob numbers can be deleted to prevent unauthorized use.
All keys will be furnished by the City and all lost keys will be replaced by the City, not by the
Service Provider. However, the sum of $30.00 will be charged the Service Provider for each
key or Access fob that is lost by the Service Provider. Furthermore, if keys are lost or
duplicated by the Service Provider and, in the opinion of the City, it is necessary to replace or
recode locks for reasons of security, the direct cost of such replacement or recoding will be paid
by the Service Provider.
The Service Provider shall report the occurrence of a lost key immediately to the City
Representative. It is the responsibility of the Service Provider to prohibit the use of keys by
persons other than those supervised by the Service Provider's employees. It is also the
responsibility of the Service Provider to prohibit the opening of locked areas by the Service
Provider's employees to permit entrance of persons other than Service Provider's employees
engaged in the performance of assigned work in those areas.
B. Lost and Found
It shall be the responsibility of the Service Provider to instruct its staff and employees that all
articles of possible personal or monetary value found by the Service Provider's employees be
turned in to the City at 117 North Mason.
C. Time Cards/Payroll Documentation
All of Service Provider's employees shall be required to sign a time sheet at the start and end of
each shift. This record shall be submitted to the City to confirm actual labor cost on invoices
submitted, and in any event, shall comply with the City's requirement for auditing Service
Provider labor hours.
iF
D. Problem Identification
All supervisors will be responsible to call and leave a report for the City Representative
identifying any needed repairs to the building, its furnishings, its fixtures, its mechanical
equipment and other such items. Service Provider supervisors will also call when in their
opinion, carpeting needs to be extracted. This information will be called in on a daily basis. If
the problem is critical in nature and requires immediate action, they shall call Operations
Services emergency number immediately.
E. Reporting System
The Service Provider shall maintain records adequate to reflect, in accordance with sound
accounting and administrative practices, all services provided under the agreement. It shall
issue such reports as the City may reasonably request, including but not limited to monthly and
quarterly cumulative accounting reports. All records shall identify area -by -area and building -by -
building data.
At the City's request, the Service Provider shall make all payroll records, training records,
invoices for materials, and other relevant records pertinent to the contract available to the City
Representative or its authorized representative for the purposes of inspection and audit of such
records. Any substantive changes affecting any dimension of work performed shall be brought
to the immediate attention of the City. The Service Provider shall not enter into any agreement
or take any action which may interfere with the rights of the City as noted under this contract, or
compromise with City's ability to serve the needs of its physical plant, occupants, employees,
management, or customers.
F. Specific Report Requirements
1. Daily
a. The Service Provider shall maintain daily weekday contact with the City Representative.
b. A list of problems found by supervisors, are to be called into City Representative's voice
mail nightly. (Emergency calls to Operations Services emergency number.)
c. Work orders will be issued for cleaning complaints made by City personnel or for work
requests. These shall be reviewed daily by the Service Provider for follow up and
resolution. The Service Provider shall sign, date and return on or before the due date.
d. A log listing the names of the Service Provider's personnel present for work daily and the
number of hours worked by each person shall be available.
2. Weekly
a. Periodic Floor Care Reporting. The Service Provider shall log all the periodic floor care
that is completed each night. This log shall be available for weekly review by the City
Representative.
3. Monthly
a. Service Provider shall be available to inspect buildings on a monthly basis with City
Representative. Results will be provided to the Service Provider.
b. A report for each building is due on the first business day of every month along with a
separate invoice for each building. This report may be presented in any format desired,
providing it contains the following information:
Building
Name
Labor
Cost Bid
Labor
Credit
Labor
Billed
Direct
Overhead
Other
Direct
in 8
Overhead
Sub
Profit
+1
Total
Incent.
I Amt.
Total
13
G. Safety and Health
The Service Provider must promptly report to the City cases of death, occupational disease and
injury caused by work on the job. Verbal notification must be followed by a written report
describing the incident. The Service Provider must provide emergency first aid and treatment of
job -related injuries in accordance with the requirements of its insurance plan.
H. Relief Personnel
The Service Provider shall employ an adequate quantity of on -call relief personnel not
permanently assigned to the Facility who shall be pre -approved and used to complete the work
assignment of absent employees normally assigned to work in a specific area. Such relief
personnel may perform authorized project work when not performing routine work. These relief
personnel shall not be charged against the City, directly or indirectly, including wages, benefits
and/or other costs regardless of the regular or overtime hours worked, when replacing regular
workers.
If the Site Manager or a supervisor is absent, the Service Provider shall provide a replacement
that is competent and has been given the authority to carry out the duties of the Site Manager,
subject to the approval of the City.
I. Soliciting
All soliciting is prohibited on the City premises by Service Provider employees. Service Provider
shall inform its employees of this policy prior to their beginning work under the contract.
J. 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 any of
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. Any employee or representative of the
14
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. Any employee (and family or friend) working in a City building
without prior clearance can be cause for termination of this Service Agreement.
SPECIAL PROVISIONS
A. Performance Incentive Payment System
The City will reimburse the Service Provider for approved services, subject to the following
incentive payment system: (compensation on specific building basis).
If the quality specification range required by this Agreement is not achieved, the Service
Provider's monthly compensation shall be based on the Service Provider's operating cost,
defined as: Full monthly building invoice less profit, adjusted for any City credits.
If the quality specification range required by this Agreement is achieved, the Service Provider's
monthly compensation shall be based on the Service Provider's full monthly building invoice,
adjusted for any City credits.
If the quality specification range required by this Agreement is exceeded, the Service Provider's
monthly compensation shall be based on the Service Provider's full monthly building invoice,
plus up to 10% incentive (1 % incentive for each 1 % performance over the target range),
adjusted for any City credits.
The Service Provider is required to award at least 5% of the total incentive received each month
for each building to the Site Management and 10% to the Custodian's for the particular building
they clean.
The first three months of the contract is a grace period, allowing all parties time to become
familiar with the quality management system, for the Service Provider to become familiar with
the facilities, and for the Service Provider to complete their phase in plan. There will be no
incentives paid nor profits penalized for the first ninety (90) days of the contract.
B. Statements and Invoicing
The Service Provider shall prepare and submit to the City Representative an operating report
and invoices for all work, including special projects work. The operating report shall consist of
an explanation of all charges incurred due to the regular monthly execution of the contract and
as indicated below. The monthly invoice shall reflect the contract price only as justified by the
operating report. Approved reimbursable items are to be treated separately.
15
Routine Work
A monthly statement shall be submitted for routine Service Provider hours actually worked in
each specific building. An invoice for each monthly period in each building is to be submitted as
an attachment to the monthly operating report.
Special Project Work
A monthly statement shall be submitted for completed special projects work which is outside the
scope of the agreement. The entire project work must be completed in accordance with the City
work order procedure and policy.
All invoices are to be submitted as an attachment to the Service Provider's monthly operating
report.
Payments shall be made in response to invoices submitted to:
City of Fort Collins
Accounting Dept.
(P.O. Box 580)
Fort Collins, CO 80522-0580
The City shall pay the amount invoiced for work performed under the agreement for that
accounting period within thirty (30) days of receipt of invoices, provided that such payments
shall be subject to audits by the City and that any resulting adjustments in favor of the City shall
be applied as a credit to the next payment to be made to Service Provider pursuant to the
agreement.
C. Deductions, Adjustments and Damages
The City shall have the right to assess damages for breach of the Service Provider's obligations.
The exercise of its rights shall not preclude the City's right to terminate or revoke the
agreement. Deductions and adjustments (as a credit to the Service Provider's invoice) are a
valid right of the City. Typical deductions include, but are not limited to:
If the Service Provider fails to perform the work required to achieve the quality specifications,
damages, will be assessed on the basis of the hours, wage rate costs and other costs expended
by the City to achieve the quality specifications.
If the Service Provider fails to complete its responsibility for phase out (per its proposal), any
damages which might result shall be subject to financial remedy and deduction on the basis of
financial loss, or added costs, to the City.
The Service Provider shall be held accountable and liable to the City for any damages to the
City facilities, fixtures, furnishings, equipment, grounds, or personal injury to City employees,
invitees, or licensees, caused by the Service Provider, its employees, or others under its
charge.
The value of unaccounted for, lost, damaged or missing City equipment, materials, supplies or
other property shall be deducted, at the discretion of the City.
The value of labor hours warranted, but not worked, regardless of reason
16
$50.00 will be deducted each time the police are dispatched to a building because the Service
Provider has set off the security alarm.
In addition to the above, the City shall have the right to withhold monies as a credit from any
monthly payments, otherwise due to the Service Provider, as may be deemed necessary to
protect the City against failure or delay in performance by the Service Provider of its obligations,
without revoking or terminating the contract.
Exhibit B: Pricing
1 - Consumables
Item
Unit Cost
Toilet Paper -Jr. Jumbo
24.95
Toilet Paper — Sm. Rolls
28.50
Paper Towels - Cormatic
29.50
Paper Towels- regular
Paper Towels - multifolds
Pink Lotion Soap
5.49
Shower Soap
4.60
Plastic Trash Liners
Size: 40x48
12.95
Size: 30 x 37
12.50
Size: 24 x 33
13.85
Size: 24 x 24
9.95
Toilet Seat liners
33.60
17
2 - Per Building
Building
Annual Price
EPIC
54,588
EPIC — 2" Sheet of Ice
12,000
Mulberry Pool
14,316
Northside Atzlan Center
14,712
Senior Center
55,080
3 - Overall Price Review
1. Total Annual Price $ 150,696
2. Dollar Value of Credit Hours:
Supervision Credit Hour= $ 10.83
Cleaner Credit Hour= $ 8.23
3. Cost per square foot:
Total Annual Price = 1.69
Total Cleanable Square Feet
EXTRA WORK PRICE COMMITTMENT
Type of work Hourly Rate SF price
Construction/remodel cleanup (inside building) $14.14
Services with less than 24hrs. notice $24.50
Extra work off normal work hours $16.50
Extra work scheduled during your working hours $14.14
24hr Call for Blood/Body Fluid Cleanup $28.50
(1 hr. minimum)
Floor finishing(new VCT) $0.12
18
Exhibit C: 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
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.
Me
Fort Collins, CO 80522 Loveland, CO 80538
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 as provided in herein, the sum of One Hundred Fifty Thousand, Six Hundred,
Ninety -Six Dollars ($150,696). Contract costs are set forth in Exhibit "B", Pricing, consisting of
three (3) pages, 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,
Worker's Compensation or other taxes or benefits or for any other purpose.
8. Personal Service.
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 the standards for work of a similar nature
and the specifications contained in Exhibit A.
Unless otherwise provided in the Agreement, all materials and equipment incorporated into any
work shall be of the most suitable grade of their respective kinds for their intended use.
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.
2
ACOR— CERTIFICATE OF LIABILITY INSURANCE OP ID G DATE( /Y
PORT El OS /0606 03 03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Linden/Bartels & Noe Agency FC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
' 614 Oakridge Drive Unit A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.)rt Collins CO 80525
Phone:970-229-9304 Fax:970-229-1398
Porter Industries, Inc.
Attn: Cheryl Kendrick
5202 Granite Street
Loveland CO 80537
COVERAGES
INSURERS AFFORDING COVERAGE NAIC #
INSURERA: The Hartford
INSURER B: Plnnacol Assurance
INSURER C:
INSURER D:
INSURER E:
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
_ POLICY NUMBER
DATE (MWDD/YY)
DATE (MM/DDIYY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
X COMMERCIAL GENERAL LIABILITY
34UUNTX0464
04/30/03
04/30/04
PREMISES (Eaoccurence)
s300,000
CLAIMS MADE X❑ OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
s2,000,000
POLICY X JEa LOC
Emp Ben.
1,000,000
A
AUTOMOBILE
LIABILITY
ANY AUTO
34UUNTX0464
04/30/03
04/30/04
COMBINED SINGLE LIMIT
(Ea accident)
$ 1 000 000
r r
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
EA ACC
OTHER THAN
$
ANY AUTO
$
I
AUTO ONLY: AGG
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
DEDUCTIBLE
RETENTION $
$
B
WORKERS COMPENSATION AND
ANY PROPRIETORIETOR/PARTNER/EXECUTNE EMPLOYERS' LIABILITY
4038253
07/01/03
07/01/04
X TW(Y LIMITS ER
E.L. EACH ACCIDENT
s500r 000
OFFICER/MEMBER EXCLUDED?
It yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - EA EMPLOYEE
$ 500 , 000
E.L. DISEASE - POLICY LIMIT
$ 500 , 000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
All Operations - All Locations
CERTIFICATE HOLDER CANCELLATION
CITYFTC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City of Fort Collins IMPOSE NO OBLIGATION OR LIABILITY O.F-AW&KtN9-W2QN_THE INSURER, ITS AGENTS OR
215 Mason, 2nd Floor REPRESENTATIVES. � ;o
Fort Collins CO 80524 AUTHORIZED REPRESENTATIVE ,-Il
- IMichael D
25(2001108)
In the event a party has been declared in default, the party declaring default may elect to (a)
terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require
specific performance; (c) call the default and withhold the cost to cure from the contract sum; or
(d) 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.
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, resulting from or occurring in connection with the
performance of any service hereunder.
The Service Provider shall take all necessary precautions in performing the work hereunder to
prevent injury to persons and property.
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 "C", consisting of one (1) page,
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, 215 N Mason, 2Id 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 count of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision of this Agreement
17. Additional Custodial Service Awards
Whenever additional City buildings require Custodial services, the City Representative will solicit
proposals from each Service Provider currently under contract. Overall performance of the
Service Providers, building requirements and proposed cost will be evaluated and an award
made to the Service Provider who is judged to be best able to serve the interests of the City.
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THE CITY OF FORT COLLINS, COLORADO
A Muni Uloration
by:
Jo n Fischbach, City Manager
ATTEST:
,�,4 «HXkn s
City Clerk / (irl �fG �Qu
APPROMAITO FORM:
Assistant efty Attorney
Date: 11- oZ5 - 63
by: U �V
am s B. O'Neill, II, CPPO, FNIGP
Di ctor of Purchasing and Risk Management
Date: ll Z J
PORTER INDUSTRIE , Inc. L�
by
Steve Hendrickson, President & CEO
Date:
(Seal)
Exhibit A: SCOPE OF SERVICES
QUALITY SPECIFICATIONS
The Service Provider shall ensure that the facilities, fixtures, floor surfaces, and furnishings of
the City shall be continually maintained in a state of high quality cleanliness. The Service
Provider shall achieve following Quality Specifications:
A. Cleanliness Specifications
The City requires that the surfaces and contents be continually maintained through a program of
reduction of Cleanliness Quality defects. On a percentage basis, the minimum cleanliness
target range specified herein shall be 85%. That is, eighty-five percent of all items in all areas,
on average, must be free of Cleanliness Quality defects as defined below. Beyond this
collective rating, each building has its own special information and cleaning schedule, as
specified in the Supplemental Information.
B. Definition Of Cleanliness Quality
Cleanliness Quality Means: A "like -new" appearance... or all of the following:
a. The absence of litter or undesirable debris.
b. The absence of un-bonded dust build up on any surface of items to be dusted.
c. The complete, thorough cleaning of items subject to cleaning, including, corners, inside,
outside, top, bottom, under and over all surfaces.
d. The absence of surface marks, spills or other undesirable bonded residue which can be
eliminated by appropriate damp or wet cleaning techniques.
e. The absence of soil, finish or other undesirable bonded build up which can be eliminated
by appropriate heavy duty, cycle or project cleaning techniques.
f. The presence of appropriate surface gloss, protection, or reflective capacity in line with
"like new" or designated gloss levels.
g. The absence of minor spots, marks, or other limited surfaces soil which can be
eliminated by appropriate spot cleaning techniques.
h. The absence of dust, lint and other in -fiber accumulation in fabric and carpeted areas
which can be eliminated by appropriate vacuum cleaning techniques.
i. The issuance of maintenance and other work requests to eliminate or correct problems
with damaged, non-functioning, repair, or replacement oriented items which cannot be
corrected through appropriate cleaning techniques.
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C. Customer Satisfaction Specification
The Service Provider shall manage the resources at its disposal in such a way as to improve
Customer Satisfaction and reduce and control the number of cleaning complaints, based on the
concept of continuous improvement. A goal of less than ten customer complaints per month
must be achieved within the first twelve months of the agreement.
D. Response Specification
The Service Provider shall respond to all problems presented to it by the City staff. This
response shall conform to the following schedule:
Emergency - on the scene within thirty (30) minutes
Required - completed within eight (8) hours
Planned - provide a clear schedule within one working day
ALL Service Provider response to customer requests must satisfy this requirement.
E. Continuous Improvement Specification
The Service Provider must demonstrate an effective continuous improvement program for
cleaning and key item problems through an ongoing system improvement and modification
process to prevent complaints and cleaning failure. A 50% success rate is required annually by
this contract.
SERVICE PROVIDER WORK REQUIRMENTS
A. Type of Work
The work covered by this agreement involves custodial cleaning services for the cleaning of
office space, corridors, lobbies, rest rooms, conference rooms, exterior entrances, break rooms,
locker rooms, bleachers, gymnasiums, laboratory rooms and any and all customer, employee,
and public spaces contained within City buildings. The work will be performed in designated
buildings as identified in the Supplemental Information. Items to be cleaned under this contract
include, but are not limited to: walls, furniture and furnishings including: chairs, tables, desks,
telephones, shelving/bookcases, pipes, high dust areas, marker boards, clocks, exit/other signs,
pictures, interior and exterior window glass, window sills, screens, all floor surfaces, floor
coverings (carpeting, rugs, etc.), baseboards, cabinets, ash urns, water fountains, doors and
door frames, moldings, transoms, radiators and other heating devices, grills, vents/louvers, mini
blinds, steps/banisters, elevator tracks, coat racks, sofas, credenzas/office furnishings, filing
cabinets, air conditioners, fire extinguishers, drainage and toilet fixtures, sinks, mirrors, sanitary
napkin/other dispensers, lockers, shower rooms, shower curtains, partitions, urinals, water free
urinals replacement cartridges and fluids, table -top and modular furniture, lighting or illuminating
fixtures, soap, paper towel and toilet tissue dispensers, equipment, pads, trash containers, and
all customer, employee and public items.
0
B. Summary of Work Responsibility
The successful Service Provider will be responsible for all cleaning activities within the buildings
as set forth in the Supplemental Information. The following is a summary of the categorical
duties delegated to the Service Provider and to the City or other contractors.
1. Service Provider Responsibilitv
Routine Cleaning
Periodic Cleaning
Project Cleaning
All Floor Surfaces, excluding carpet extraction/shampooing
Carpet Spot Cleaning
Cleanliness of Cleaning Equipment
Computer Rooms
Day Cleaning of designated buildings
Interior Glass and Frame
Exterior entrance glass only
Lounges/Break Areas, vending
Rest Room Supplies
Sweeping and Policing at Steps, walkways and entrances within 10 feet of building entrances.
Trash Removal to Designated Locations
Storm Windows
Walk -off Mat Cleaning
Wall Cleaning
Sanitary napkin machine product purchase and replacement.
Shower curtain laundering and replacement.
Late meeting room cleanup.
Water free urinals - daily cleaning, periodic plunging, chemical replacement
2. City Responsibilitv
Management of Building Operations and Maintenance Contract
Furniture Moving
Other Moving
Mechanical Rooms
Meeting Room Set -Up
Water free urinals — chemical purchase
3. Other City Contracts
Carpet Extraction/Shampooing
Exterior Windows
C. Changes in Work Requirements
Should the Service Provider find that existing conditions make modification of the agreement
desirable, the Service Provider shall promptly report the matter to the City for consideration and
decision. During the contract period or its extension, the City reserves the right to add or delete
specific hours, positions, services and/or locations at the prevailing contract prices for those
variable cost items. The City may at any time delete/add services and/or buildings from this
scope of services as the City, in its sole discretion, deems necessary or appropriate. The
contract sum shall be reduced by such deletions on a pro rata basis. All changes in work need
to be documented on the "Change Order Form".
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D. City Holidays
City holidays are: New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day,
Fourth of July, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. If any of
these holidays fall on a Saturday, the City will be off the Friday before. If any of these holidays
fall on a Sunday, the City will be off the following Monday. The FACILITY will be available for
cleaning on these days. Downtown Rest Rooms will always need everyday service. All other
buildings will not need cleaning on Christmas Day and New Years Day. Other holiday cleaning
needs will vary by building.
E. City Functions After Normal Working Hours
The Service Provider should expect weekly City Council meetings, Board and Commissions
meetings at various times, and Public meetings as various times, to be held after normal
working hours. The Service Provider will be notified when these meetings will occur and will be
required to work around City activities and maintain established quality requirements.
SERVICE PROVIDER RESPONSIBILITIES
A. Supplies, Materials and Equipment
Rest Room Supplies
All rest room supplies shall be furnished by the Service Provider. These supplies shall be
maintained at all times at a level of ten days requirement, unless otherwise specified by the City
Representative. Paper towels, toilet tissue, soap, and trash bags, etc. will be issued by the
Service Provider from its central stock point, and the Service Provider shall be responsible for
transporting this material and installing at the point of usage Supplies shall be of the
biodegradable type and the quality that is currently being provided. The replenishing of sanitary
napkin dispensers in applicable buildings will be the Service Provider's cost and responsibility.
Reimbursable Supplies
The City may elect, by change to the agreement, to require the Service Provider to furnish
supplies on a reimbursable basis. In this event, the City retains the right to participate fully in
any discount arrangements the Service Provider may have with suppliers of these products.
The Service Provider shall provide a monthly inventory to the City of all supplies issued on a
daily basis. Controls shall be established and implemented by the Service Provider to
safeguard materials. Any losses or irregularities are to be promptly reported in writing to the
City Representative.
Cleaning Supplies
All necessary cleaning pads and equipment, including power driven machines, floor stripping
machines, industrial vacuum cleaners, high speed polishing machines, and associated
chemicals and supplies, etc., needed for the performance of the work involved, shall be
furnished by the Service Provider.
Plastic Trash Can Liners
The Service Provider shall furnish plastic liners for trash only.
1.1
Walk -Off Mats
The Service Provider shall furnish walk -off mats where required (see consumable usage chart)
for all interior entrances to prevent excessive soiling of building interiors.
Personal Safety Equipment
The Service Provider shall provide its employees with any necessary safety equipment.
Uniforms
The Service Provider shall provide shirts with company insignia subject to approval by the City.
Company shirts and City ID badges must be worn at all times by Service Provider employees
during their work shift.
City Observation
The City shall have the right at all times to examine the supplies, materials, and equipment used
by the Service Provider, and to observe the operations and methods of the Service Provider, its
agents, servants and employees.
Removal and Ownership
In the event of termination or contract expiration, all rest room supplies and paper products shall
remain the Property of the City.
Inventory Levels
The City may, from time to time, establish certain minimum inventories of supplies, materials
and equipment to be maintained by the Service Provider. Recommendations by the Service
Provider are expected at least annually.
Equipment or Items Specification
Service Provider furnished equipment, tools, and supplies shall meet minimum standards as
follows:
Equipment and Tools
All mechanical equipment and tools shall have bumpers and guards to prevent marking or
scratching of fixtures, furnishings, or building surfaces. Electrical equipment used by the
Service Provider shall be UL approved, meet OSHA requirements, and all other safety
requirements as specified in the contract. The equipment must operate using existing circuits.
It shall be the Service Provider's responsibility to prevent operation, or attempted operation, by
custodial employees, or equipment or combinations of equipment which require electrical power
exceeding the capacity of existing circuits. Such equipment shall be of the size and type most
efficiently used for high quality work of this kind and shall meet with the approval of the City
Representative. Equipment deemed by the City to be of improper design, or inadequate for the
purpose intended shall be removed from the premises and replaced with satisfactory equipment
at no expense to the City.
The Service Provider is prohibited from using propane powered equipment in any City building
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