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HomeMy WebLinkAbout103009 PORTER INDUSTRIES INC - CONTRACT - RFP - P769 JANITORIAL SERVICES FOR STREETS AND UTILITIESSERVICES 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 "A", consisting of five (5) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 6, 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 EPIC I St 5 i865F �� G....!f.......ai�� 3089 sf E2 A 23l sf , 150 s ` P37 sf 00 243 Sf 67 s 253 sf EPIC an"Poor 78 sf 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 AdORD CERTIFICATE OF LIABILITY INSURANCE OP ID B2 DATE(MMIDDNY) RTE-1 06/14/0 PRODUCER 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 INSURED Porter Industries Inc P. O. Box 27 Loveland CO 80537 INSURERS AFFORDING COVERAGE INSURER A: KE14PER INSURANCE INSURER B: UNITRIN INSURER C: Pinnacol Assurance 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIV DATE MMIDDNY P LICY X IRATION 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 (Anyone fire) $500,000 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1 , 000 , 0 00 GENERAL AGGREGATE s2,000,000 HGEN1 AGGREGATE LIMIT APPLIES PER: POLICY [X7 PROJECT LOC PRODUCTS - COMP/OP AGG s2,000,000 B AUTOMOBILE LIABILITY ANY AUTO CA7533701 04/30/01 04/30/02 COMBINED SINGLE LIMIT (Ea accident) $ 1, 00 0,000 X BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ 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 $ $ `, WORKERS COMPENSATION AND EMPLOYERS'LIABILI7Y 4038253 01/01/01 07/01/01 X TORY LIMITS ER E.L. EACH ACCIDENT $500000 E.L. DISEASE - FA EMPLOYEE $500000 E.L. DISEASE -POLICY LIMIT $ 500000 OTHER $5,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: 215 North Mason, Ft. Collins, CO 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 DAYS WRITTEN Director of Purchasing 6 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Risk Management 256 W . Mountain Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Fort Collins CO 80521 REPRESENTATIVES. A A (7/97) 1988 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 Forty Four Thousand One Hundred Two Dollars and Fifty Four cents ($44,102.54). 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. W rran . (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 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 E, consisting of one (1) page, attached hereto and incorporated herein by this reference. The SA 10/97 4 1 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/Severabilitk 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 5 CITY OF FORT COLLINS, COLORADO a municipal corporation By: I. Aaaz John FUlFischbach gCity Manager �BJa ONeill II, CPPDf Purchasing and Risk Management Porter Indust , In By:% 95ydu PRINT NAME _ PKF3uotly CORPORATE PRESIDENT OR VICE PRESIDENT Date: ll EST: (Corporate Seal) CORPORA -It -SECRETARY :- �a SA 10/97 6 EXHIBIT "A" CONTRACT ADDITIONS FOR EPIC 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. Response 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. Building Statistics Information Attachment B 615101 EPIC BUILDING STATISTICS 1800 Riverside Cleaning SQ.FT: 26,789 Carpet SO. FT. 8,053 RRs 1W,OR W/O SHOW. 10 1803 TUFLEX OR CERAMIC ENCLOSED OFFICES 4 876 CONFERENCE ROOMS 2 1164 Entrances 1 1391 QUARRY TILE CORRIDORS 3 2735 LOBBIES 1 3089 STAIRS(Incl. elevator) 3 1486 RUBBER OR CONCRETE SHOWER RM.ONLY 4 1153 CERAMIC LOCKER ROOMS 6 2634 TUFLEX OR CERAMIC RECEPTION AREA 1 189 WT.RM & GAME RM. 2 853 TUFLEX CUSTODIAL AREA 1 76 CONCRETE BLEACHERS, ICE SIDE 1 5219 Resilient file & Concrete RINK PERIMETER 1 4121 Tuflex - 2155 concrete -1966 TOTALS: 8063 1 18736 EPIC SPECIFICS 7 days a week - after 9pm - to 6am. BUILDING HOURS 7 days a week - opens 5:30am to 9pm for swimming/lam or later for & Information hockey. Closed NY, Jula, Christmas. Pool area & pool bleachers, skate, rental, concession, Mike's, Paurs, Tim's & 2 offices behind reception & Windows Rest of windows done by EPIC (Entrance windows done by cleaners.) Kitchen is done by EPIC staff and Is not included in contract Stairwells alarmed - TP,PT kept there. Use key upstairs to open. Schedule of events - reception desk (pool & ice books) Soap dispensers supplied & mounted by EPIC. Report Maintenance needed to Tim at Epic. Toilets are to be plunged. Spot carpets as needed. Report large spots to Supervisor. Doors secured with alien keys 6-front 24ee side -check other doors. All doors that lead to the ooi must be secured after cleaning swept 10ft- glass clean, free of cobwebs, b INSIDE ENTRANCE Keep recessed area under rubber mats clsan heaters accumulate dust bails on the outside Entry mats to be vacuumed and extracted as needed. quarry tile will creed power scrubbed to keep grout clean: P knife for gum floor ad as under the benches can accumulate soil LOBBY Watch carpet: edges and spots Tables & chairs Including the legs Trash cans need to be cleaned & relined. Most need dal cha7in-, Don't fo thk Remove all trasoa , TP, PT & iirwm.H h dust ventures, stalk, hi h surfaces.Use a disinfectall surfaces inclutin stainless, Mirrors, sinks, ,toikts, urinals in, out and behind. Tuflex floor including base and edges against wall free of soil. GAMES AREA Watch for trash behind machines Don't forget the counters, and the small window above the copier. STAFF LOCKER ROOMS Same as Rest Rooms Re lenish PT, soap, cleaWaink, empty trash. Building Statistics Information Attachment B 6/5l01 3 FAMILY CHANGING RMS This can got forgotten. Also the handicap seat In the shower. NMMMCheck the walls for soil buildup, especially near the locker room doors. LOCKER ROOMS high dust lockers, vents and door closures(vent get dusty quic ) Outside & inside lockers wiped out.( picas weekly.) Remove all trash, replenish soap, TP, PT & liners.(Multifold towels) clean & apply stainless cleaner to stainless surfaces to prevent not Use a disinfectant to clean all surfaces including: mirrors, sinks, walls. stalls,toilets, urinals in, out and behind & underneath, floors & base. showers - free of hair, mold, soap film on walls & floor Including seat. lock the doors to the locker rooms after cleaning to keep Hockey players out. shower curtains are to be washed in machine when needed. floors to be power scrubbed with a disinfectant (typically weekly) Be sure doors are locked goirg to the pool from the locker room and lobby. Don't forget the water fountain. KITCHEN Not done Currently Tables will be moved by Epic Staff. WEIGHT ROOM Mirrors squeegeed, mini blinds dusted, damp wipe heater tops. Equipment done by Epic Staff. Tuflex and concrete floor vac/swept. Return rink mats after cleaning. Autoscrub tufiex floor using neutral cleaner, clean comers and against wall Check of lockers for litter. Ice rink plex1glass not included, nor inside of ice rink. Outside of ice rink ledge at base and area to the floor cleaned with bowl swab. team benches - Trash picked Lip, tuflex flooring swept & mopped. ledges in team benches & nalty boxes wi d clean Stairs to be done. HOCKEY LOCKER ROOMS Tuflex floor In locker rooms. Hot water outlet under sink in hockey locker rooms. showers - mold, hair & soap film free. Watch the vents in shower. Don't forget this RR and office. UPPER HALLWAY vacuum & edge. i off InUdrinkingfountain ff& refinish file when scuffed & dull. bleacher area free of litter and spills free of spills. Poo Isda sit in them eve . North closet - keep supply of PT, TP, soap, liners & window cleaner for EPIC staff South closet - Has a separate lock for contractor. Be sure it is secure. Do not place anything on top of transformer. Keep closet neat, clean & orderly. Ice4how 1n Dec., biggest event of the year. Building must look very clean Ice Fast 1 In Aug - 2nd biggest show. All rooms are used for a week's competition. Hockey iames & swim most CSU hockey games & swim meets will require extra clean up time.