HomeMy WebLinkAbout103009 PORTER INDUSTRIES INC - CONTRACT - RFP - P769 JANITORIAL SERVICES FOR STREETS AND UTILITIES (2)SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and 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 services in
accordance with the scope of services attached hereto as Exhibit 'W', consisting of eleven (11)
pages, and incorporated herein by this reference.
2. Contract Period. This Agreement shall commence July 1, 2001, and shall
continue in full force and effect until December 31, 2001, 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 two (2) 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 ninety (90) 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.
SA 10/97
1
Building Statistics Information
6/6101
216 North" Mason < BUILDING: STATISTICS
Cleaning SQ.FT: "' 19744
2ND FLOOR Carpet SQ FT. 17355
REST ROOMS 2 448 CERAMIC
COPY ROOMS
4
546
LARGE CONF. ROOMS
2
789
TRAINING ROOM
1
636
SMALL CONF. ROOMS
7
799
ENCLOSED OFFICES
17
2,471
BREAK ROOM
1
363
VCT
COFFEEICOAT ROOM
3
150
OPEN OFFICES
4
10,830
PHONE ROOM
3
71
LOBBY
1
1385
STONE and carpet
CORRIDORS
2
678
CUSTODIALISTORAGE
2
46
VAULT
1
122
STAIRS
3
510
STONE OR CONCRETE
Totals
53
171355
2389
SPECIfFCS
After 5PM M-F - conference rooms on 1st floor cleaned after last meeting
BUILDING. HOURS
106rmation
Report Maint. needed to Supervisor. Toilets are to be plunged.
Report when floors need buffed or scrubbed
Spot carpets as needed. Report large spots.
Sweep out 10ft at all entrances. Clean ash trays.
INSIDE ENT<tNI E
Clean glass on entrances in and out Cobwebs, ledges
Vacuum matting
SECOND FLOOR
Watch for window c ning needs thr hout the building
Building Statistics Information
sr61ol
215 North Mason BUILDING -STATISTICS
Cleaning SQ.FT: 20 825
3RD FLOOR Carpet SO. FT. 18,362
REST ROOMS 2 44s CERAMIC
LARGE CONF. ROOMS 2 576
MED CONF. ROOMS
2
498
SMALL CONF. ROOMS
5
540
RESOURCE CENTER
1
461
BREAK ROOMS
1
3se
762
VCT
LASS
3
VCT
OPEN OFFICES
3
13,191
CLOSED OFFICES
6
907
WAITING
1
170
LOBBY
1
407
STONE and carpet
CORRIDORS
1
1,358
CUSTODIALISTORAGE
2
44
COATSICOFFEE
2
251
PREPARATION ROOM
1
292
PHONE ROOMS
4
118
STAIRS
3
406
Totals
40
18,362
2463
SPECIFICS
After SPM M-F - conference rooms on let floor cleaned after last meeting
BUILDING HOURS
Sd Information
Report Maim needed to Supervisor. Toilets are to be plunged.
Report when floors need buffed or scrubbed
Spot carpets as needed. Report large spots.
F—Sweep out loft at all entrances. Clean ash trays.
WBSIDE EWW"P- a
Clean glass on entrances in and out Cobwebs, ledges
Vacuum matting
SECONDFLOOR
Watch for window clewningneedsthro
hoot the building
R0011
748 SF 123
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419 SF
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292 SF
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481 SF
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EXHIBIT "B"
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of
operations covered, effective dates and date of expiration of policies, and containing substantially the
following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten
(10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take
out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper
and may deduct the cost of such insurance from any monies which may be due or become due the
Service Provider under this Agreement. The City, its officers, agents and employees shall be named as
additional 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 coverages 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.
SA 10/97
ACORD CERTIFICATE OF LIABILITY INSURANCE GPID B2 DATE(MMIDDIYY1
RTE-1 06114/0
RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Riedman Insurance -Fort Collins ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Division of Brown 6 Brown, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
125 S . Howes, 5th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Collins CO 80522-226
Phone:970-482-7747 Fax:970-484-4165 INSURERS AFFORDING COVERAGE
Porter Industries Inc
P. O. Box 27
Loveland CO 80537
�VVCRAVCJ
INSURER A:
KEMPER INSURANCE
INSURER B:
UNITRIN
INSURER C:
Pinnacol Assuran
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.
INSIR
LTR
TYPE OF INSURANCE
POLICY NUMBER
P LI FFE TIVE
DATE MMIDDIYY
POLICY EXPIRATION
DATE MMIDDIYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [X] OCCUR
TKP623360-00
04/30/01
04/30/02
FIRE DAMAGE (Any one!nL
$500,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1 , 000 , 000
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO LOC
][ JECT
PRODUCTS -COMPIOP AGG
$2,000,000
$
AUTOMOBILE
LIABILITY
ANY AUTO
CA7533701
04/30/01
04/30/02
COMBINED SINGLE LIMIT
(Ea accident)
$ 1 000 ()0 0
r i
X
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
j GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHERTHAN EA ACC
AUTO ONLY: AGG
$
$
A
EXCESS LIABILITY
X OCCUR �CLAIMSMADE
3SX126946
04/30/01
04/30/02
EACH OCCURRENCE
s2,000,000
AGGREGATE
$2,000,000
DEDUCTIBLE
RETENTION $
G,
WORKERS COMPENSATION AND
EMPLOVERS'LIA8ILITY
4038253
01/01/01
07/01/01
X I TORY LIMITS I ER
E.L. EACH ACCIDENT
$500000
E.L. DISEASE - EA EMPLOYEE
$500000
E.L. DISEASE -POLICY LIMIT
$ 500000
OTHER
$5,000
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re: Epic Center Certificate holder is additional insured under the
general liability per form CG0001 10/93 and CG7720 11/93 with respects to
the work performed by the named insured for the additional insured.
CITYFT5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYSWRITTEN
Director of Purchasing & NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Risk Management IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSUfj�R, ITS ANTS OR GE
256 W. Mountain Avenue 1yI
Fort Collins CO 80521 REPRESENTATIVES.
25-S (7/97)
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 thirty (30)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. Service Provider may terminate at any time without cause by providing written
notice of termination to the City at least ninety (90) days prior to 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:
Service Provider
Porter Industries, Inc.
5202 Granite Street
Loveland, CO 80538
With Copy to:
Rick Tensley, CPPB
City of Fort Collins Purchasing
P. O. Box 580
Fort Collins, CO 80522
City:
Joan Barrie
City of Fort Collins, Facilities
P. O. Box 580
Fort Collins, CO 80522
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, the sum of Twenty Four Thousand Two Hundred Thirty Seven Dollars and no cents
($24,237.00). Supplies will be included in each billing.
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.
SA 10/97
2
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. Warr n .
(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.
SA 10/97
(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 nonconformance in design,
materials and workmanship/workwomanship for a period beginning with
the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors
of any tier. Upon receipt of written notice from City of any such defect or
nonconformance, 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.
3
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 parry'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 E,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
SA 10/97
4
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521
one copy of a certificate evidencing the insurance coverage required from an insurance
company acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability, The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
SA 10/97
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: _Q�2 1.
John . Fischbach
'ty Manager
By: V Lg:��a
Jam 'Neill II, C
Direc r o Purchasing and Risk Management
/2s%01
j--
Porter Industr' In
By:
1 POl3t� rj cSiaN L
PRINT NAME
PRsf o�
5
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _ i//- G -d j
AZTEST: (Corporate Seal)
CORPORATE CRETARY
SA 10/97
C
EXHIBIT "A"
215 Mason
Employees must be Police checked before working in any city building.
Please provide Name, Social Security Number, Date of Birth and Driver's license
number, CO ID number, or alien card number to Contract Administrator. A picture
ID must be obtained from Human Resources through Joan Busch after approval.
Maintenance problems are to be reported to Contract Administrator at 221-6592 or
to maintenance staff in the building. Toilets are to be plunged as needed.
At least a 2-week level of consumable supplies must be available in the storage area
ofthe building at all times.
s onse
Emergency - Non performance problems within 1-2 hours.
Daily work orders will be generated for any cleaning that does not meet our standards.
These are to be completed, signed and dated and returned to the Contract Administrators
Office the next evening.
Monthly inspections to be done with Contract Administrator and a Porter contact person.
Problems to be corrected within 24 hours.
A pickup box will be set up at my office(117 North Mason) for a contact person to
receive information and return any work orders completed Monday — Friday.
215 Mason Proposed Cleaning Plan after Spmtexcept Risk Mat Area to be cleaned before Sarni
M-F- Full service in -Rest rooms, looker rooms, break rooms, lobbies, entrances, main stairs, elevators, and halls. Conference rooms
and Reception Areas will have counters, sinks, tables wiped daily, paper towel and soap replenished and full service weekly.
Offices and cubicles cleaned weekly.
No microwaves, dishwashers or refrigerators inside.
All glass inside and entrance glass in and out.
Vacuumina & Floor Care Dustin, damp wipina.alass Rest rooms, locker rooms.break rooms
M-F = wide area vac all hallways Daily - clean all entrance glass Clean complete & replenish
conference rooms, cubicled area halls Damp wipe surfaces(water) as 6 main RRs
check for obvious needs in offices, cubicles needed in lobby's(bannisters,elevators 2 locker rooms
M-F - back pack vac the entrances, M-F damp wipe tables 2- 1 st floor single RRs
matting, stone, elevators, main stairs in Conference rooms.Reception,Mail Room, 6 drinking fountains
M-back pack vac offices, oonf. on 1st floor
T-back pack vac offices on 2nd floor
W- back pack vac offices on 3rd floor
Thur- auto scrub the lobbies and RRsLocker Rms.
M and Th back pack vac 2 concrete
stairs and check daily or sweep if cord
a problem.
F - edge hallway & perimeter of cubicled areas
back pack vac concrete bike area
F monthly lift all entrance matting and
vacuum under it.
F- buff 3 labs, 3 break rooms and mail room.
Work/copy rm
M- damp wipe surfaces and
high dust on 1 st floor -check other
floors for obvious needs
T- damp wipe surfaces and
high dust on 2nd floor -check other
floors for obvious needs
W- damp wipe surfaces and
high dust on 3rd floor -check other
floors for obvious needs
TH - spot glass thoroughout building
dust blinds, window ledges,spot doors,walls
Monthly - high dust tops of wood cases in
Refinish and strip only as needed on VCT lobbies
10 offices - full service needs.
3 break rooms
All sinks& counters wiped,replenish
paper and soap in Conf.,Coffee rooms
& other sink locations in building
Th - high dust & bowl cleaner
F- dean showers
white pad on sinks
6/5/01
Trash
take all trash daily
from work areas to
outside dumpster
take recycle from
conference rooms to
break rooms daily.
Do not
take recycle from
offices or cubicles
Clean inside and
outside trash cans
as needed.
Building Statistics Information
6/5/01
215 North Mason BUILDING STATISTICS
Cleaning SQ'.FT: 19,159
1st FLOOR Caret SQ. FT. 16,255
REST ROOMS 4 530 CERAMIC
LOCKER ROOMS
2
460
CERAMIC
EXERCISE ROOM
1
748
COMMUNITY ROOM
1
1,176
LARGE CONF. ROOMS
2
820
MED CONF. ROOMS
2
386
SMALL CONF. ROOMS
6
667
BREAK ROOM
1
411
VCT
MAR INJECYCLE
q
90
VCT
COPY ROOMS
2
113
COFFEEICOAT ROOMS
1
64
ENTRANCES
4
454
STONE AND MATTING
LOBBY
1
996
CORRIDORS
2
1,617
STAIRS
3
464
STONE OR CONCRETE
ELEVATOR
2
56
OPEN OFFICES
5
8,064
ENCLOSED OFFICES
7
1,096
TELEPHONE ROOMS
1
26
REFEREE ROOM
1
147
VAULT
1
69
GRAPHICS
1
149
COMP
1
68
BICYCLE STORAGE
1
419
CONCRETE
CUSTODIALISTORAGE
3
80
VCT
Totals
56
16.256
3904
P'Cl"
After SPM M-F - conference rooms on 1st floor cleaned after last meeting
BUILDING Ho RS'
& Information
Report Maim needed to Supervisor. Toilets are to be plunged.
Report when floors need buffed or scrubbed
Spot carpets as needed. Report large spots.
Swee out 10ft at all entrances. Clean ash trays.
Clean lass on entrances in and out. Cobwebs, ledges
INSIDE ENTRANCE Vacuum math
W'
SECOND FLOOR
Watch for window cleaning
needs throughout the building