HomeMy WebLinkAbout120140 VARSITY CONTRACTORS & 466684 MCLEMORE BUILD - CONTRACT - RFP - 7068 CUSTODIAL SERVICES 2010SERVICES AGREEMENT
Custodial Services
Varsity Contractors, Inc.
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 Varsity Contractors, 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 thirteen (13) pages and
incorporated herein by this reference (the "Services").
2. Contract Period. This Agreement will commence January 1, 2010, and shall continue in full
force and effect until December 31, 2010, unless sooner terminated as herein provided. If
the City wishes to renew the Agreement it shall provide written notice of such renewal to the
Service Provider at least 60 days prior to the termination date of this Agreement. This
Agreement will be renewed for the next year unless the Service Provider gives written notice
to the City of the Service Provider's decision not to renew within 15 days of receiving the
City's notice to renew. If the City does not provide written notice to renew as provided
herein, this Agreement will 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 will 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. In no event will this Agreement be renewed for more than four consecutive
years.
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 may 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. The notice must be delivered at least fifteen (15) days
prior to the termination date contained in the notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement will be effective when mailed, postage
prepaid and sent to the following addresses:
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".
D. Hours of Work
The hours for scheduling custodial cleaning services is presented, by building, in the
Supplemental Information. Primarily between 12am to 12pm service to buildings.
E. 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 and Old Town Rest Rooms will always need everyday
service as well as Police Services. All other buildings may not need cleaning on Christmas Day
and New Years Day. Other holiday cleaning needs will vary by building.
F. City Functions After Normal Working Hours
Senior Center, Northside, and other City Buildings will occasionally have events with high
capacity crowds that could require additional cleaning after the events. We will notify you of
the schedules for these events so you can plan accordingly. This event cleaning is to be
included in the pricing of these buildings.
3. SERVICE PROVIDER RESPONSIBILITIES
A. Supplies, Materials and Equipment
1. Rest Room Supplies
All rest room supplies shall be furnished by the Service Provider. This cost is included in
the contract cost. The exceptions are Streets, Water Treatment, Spring Canyon
Maintenance shop, Fossil Creek Maintenance shop and Utility Services, which pay for
their own rest room supplies.
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, 100% post consumer
toilet paper, paper towel with approved recycle content and the quality that is currently
being provided and to fit the existing dispensers. The replenishing of sanitary napkin
dispensers in applicable buildings will be the Service Provider's cost and responsibility.
2. 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.
10
B
3. Cleaning Supplies
All necessary cleaning pads and equipment, including power driven machines, floor
stripping machines, industrial vacuum cleaners, quiet vacuums, 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.
4. Plastic Trash Can Liners
The Service Provider shall furnish plastic liners for trash only.
5. Personal Safety Equipment
The Service Provider shall provide its employees with any necessary safety equipment.
6. 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. The ID badges must be visible on the
employee.
7. 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.
8. 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.
9. 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: ,
1. 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.
11
2. 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: Accelerated hydrogen peroxide based green seal
chemical with solution dispensing on the bottle is required for all surfaces. This
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 only. Not on other surfaces. 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). The
Contractor must use green seal, cleaning chemicals. All boxes shall be broken down
and recycled. All chemical containers rinsed and recycled as appropriate. Quiet
vacuums are to be used in day cleaning. Micro fiber cloths and micro fiber floor mops
are to be used for cleaning.
3. 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.
C. 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.
D. 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.
E. 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
12
employee who is, for any reason, unsatisfactory to the City, and replace him/her with an
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 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 schedule all routine, project, and other work in such a
way as not to interfere with regularly scheduled City activities and within the time constraints
specified by the City.
F. Customer Service Policy
The Service Provider shall establish a clear Customer Service Policy which is communicated to
its employees.
G. Site Management
The Service Provider shall provide nonworking managers and supervisors to ensure the
performance of the work and proper supervision of cleaning employees. These managers
working hours shall be during the work hours of the custodians, 12am-12pm.
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.
13
H. 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. Cleaning
Teams should remain together as much as possible to conserve power within the buildings.
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.
4. CITY SUPPLIED ITEMS
A. Utilities
The City will provide, at no cost to the Service Provider, electricity and water utilities.
B. Office Space
The City will provide, at no cost to the Service Provider, desk space at Operation Services at
300 Laporte 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.
5. Service Provider OPERATIONAL REQUIREMENTS
A. Key Control
The Service Provider.shall establish and implement adequate methods of ensuring that all keys
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. City Rep to be notified immediately
when a custodian has left. The fob will be canceled and reinstated in the new custodians
name.
All access fobs and keys will be furnished by the City. All lost access fobs and keys must be
reported immediately to the City Representative. Fobs will be canceled in the system. There is
a $10 fee for replacement of lost fobs. 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 paidby the
Service Provider.
It is the responsibility of the Service Provider to prohibit the use of keys or fobs 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.
14
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 Operation Services at 300 Laporte.
C. Time Cards/Payroll Documentation
All of Service Provider's employees shall be required to call in or 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.
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.
15
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
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
Service Provider shall be available to inspect buildings on a monthly basis with City
Representative. Results will be provided to the Service Provider.
Schedule 9 — A schedule 9 sheet for each building is due on the first business day of
every month along with an invoice showing each buildings total cost.
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.
luo
J. Access to City Facilities
Prior to beginning work under this Contract, the Service Provider must obtain a background
clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations -
Crime Information Center. Also Service Provider must check for valid documents through
Homeland Security, Immigration and Custom Enforcement (ICE). An appointment must be
made by the Service Provider with Operations Services, City of Fort Collins, 970-221-6610, for a
City picture ID. The Service provider must bring a copy of the CBI report for City records. The
City may deny clearance to any person who:
• Has an active criminal arrest warrant;
• Has a felony arrest or conviction;
• Has a drug -related misdemeanor or drug -related petty offensive conviction
• Has a non -drug -related misdemeanor or a petty offensive conviction within the past
three (3) years;
• Is a suspect in an active criminal investigation;
• Was previously terminated from employment by the City of Fort Collins;
• Is determined to be a threat to the safety of persons or property or to the confidentiality
of City information.
Operations Services shall provide the Service Provider with a picture identification tag for all
persons given clearance. Such identification tags shall be displayed, in an easily seen manner,
on all employees while working in City buildings. Identification tags and access fobs shall
immediately be returned to the City Representative when the employee no longer works for the
Service Provider in City Buildings. Any Service Provider employee without a properly displayed
identification card is subject to immediate eviction from the City Building. 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 Service Provider personnel providing services under this
agreement. The Service Provider shall keep this list current and shall immediately inform the
City of all personnel changes.
6. SPECIAL PROVISIONS
A. Type of Contract
The City contemplates the award of a Fixed Cost, Incentive Performance Contract for custodial
cleaning services resulting from this qualification process.
B. 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, as provided by this RFP.
2. 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, as provided
by this RFP.
17
3. 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, as
provided by this RFP.
4. 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.
C. 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.
1. 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. ,
2. 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.
D. 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.
- $50.00 will be deducted each time the police or security company 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.
19
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Varsity Contractors, Inc.
Attn: Purchasing
Attn: Joan Barrie
3720 W 72"d Ave
PO Box 580
Pb Box 580
Westminster, CO 80030
Fort Collins, CO 80522
Fort Collins, CO 80522
303-428-3199
In the event of early termination by the City, the Service Provider will 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. That payment will be the Service
Provider's sole right and remedy for such early termination.
5. Contract Sum. The City will pay the Service provider for the performance of this Contract,
subject to additions and deletions provided herein, per the attached Exhibit "B", 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 will 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 must 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. The City is not
responsible for withholding any portion of Service Provider's compensation for the payment
of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose.
8. Personal Services. The parties understand and agree that the City enters into this
Agreement based on the special abilities of the Service Provider and that this Agreement is
considered to be an agreement for personal services. Accordingly, the Service Provider
must neither assign any responsibilities nor delegate any duties arising under this
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 is not construed to operate as a waiver of any rights or benefits provided to the City
under this Agreement or cause of action arising out of performance of this Agreement.
10. Warranty.
a. Service Provider warrants that all work performed hereunder will be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature and the specifications contained in Exhibit A.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work will be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use.
2
EXHIBIT B: PRICING
Schedule 1: Per Building Prices
Custodial Services - 2010
Cleanable
Week
Price
Hours
ID #
Map
BUILDING
SF
Freq.
29
B
110 N. Howes
693
1
480
0.45
30
B
112 N. Howes
1,305
2
1,080
2.20
32
B
215 Mason
61,066
5
50,400
51.85
33
B
281 N. College
30,648
5
26,127
33.40
27
A
906 E. Vine Dr.
1,350
5
2,938
2.75
35
B
City Hall
25,990
5
23,387
25.00
53
B
Downtown Maintenance Shop
545
5
3,912
5.15
19
A
Fleet Services
4,773
5
3,361
3.20
36
B
Library District
26,515
7
34,824
51.15
1
A
Library Branch - Council Tree
15,363
7
21,370
27.45
45
B
Library Tech
3,794
1
1,458
2.00
46
B
Mulberry Pool
6,614
7
14,220
18.75
6
A
Nix Farm Office
3,113
5
2,677
5.60
48
B
Northside Atzlan Center
42,054
7
52,257
65.10
39
B
Operations Services
15,557
5
11,820
15.00
43
B
Police Services
82,589
7
51,363
72.00
24
A
TRANSFORT
4,498
5
7,032
8.35
12
A
Transfort Cottage
1,137
5
1,836
2.70
51
B
Transit Center
5,008
5
9,888
11.00
Utilities Services
71,093
5
59,154
118.70
14
A
Water Quality Lab
1,095
1
3,436
2.20
16
A
Water Treatment Plant
12,400
5
15,372
22.40
26
A
YAC
3,683
6
5,339
7.75
Totals:
420,883
403,731
554.15
20
Schedule 2: Price Review
1. Total Annual Price
2. Dollar Value of Credit Hours:
Supervision Credit Hour=
Cleaner Credit Hour=
3. Cost per square foot:
Total Annual Price =
Total Cleanable Square Feet
EXTRA WORK PRICE COMMITTMENT
$ 403,731
$ n/a
$ n/a
$ 0.959
$ 403,731
420,883
Type of work Hourly Rate SF price
Construction/remodel cleanup(inside building) 25.00 0.18
Extra work off normal work hours 15.00
Extra work scheduled during your working hours 13.00
24hr Call for Blood/Body Fluid Cleanup 25.00
(1 hr. minimum)
Floor finishing(new VCT) 18.00 0.15
J
21
r
EXHIBIT C: INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insured 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:
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.
22
11. Default. Each and every term and condition of this Agreement is a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms
of this agreement, that party may be declared in default. In the event that a party has been
declared in default the defaulting party will be given written notice specifying the default.
Notice of default must be in writing and delivered as provided in Section 4 above.
12. Remedies. In the event a party has been declared in default, the defaulting party will have
ten (10) days within which to cure the default. In the event the default remains uncorrected,
the party declaring default may elect to (a) terminate this Agreement and seek damages; (b)
treat this 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 will 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 attached exhibits, constitutes the entire
agreement between the parties and shall be binding on the parties, their officers,
employees, agents and assigns and inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns.
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 of the Services.
b. The Service Provider must take all necessary precautions in performing the Services to
prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
will 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, will deliver to the City's Director of
Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522, 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 attached Exhibits and any other
documents incorporated herein, constitutes the entire agreement of the parties. Covenants
or representations not contained in this Agreement are not binding on the parties.
16. Law/Severability. The laws of the State of Colorado will govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement is held invalid or unenforceable by any court of competent jurisdiction, that
holding will not invalidate or render unenforceable any other provision of this Agreement.
3
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress,
as amended, administered by the United States Department of Homeland Security (the
"e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c)
C.R.S. in order to confirm the employment eligibility of all newly hired employees to
perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or
contracting with the illegal alien; except that Service Provider shall not terminate the
contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the "Department") made in the course of an investigation that
the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
4
18. Amendment 54. To the extent that this Agreement may constitute a "sole source
government contract" within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation,
Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this
Agreement and made a part hereof:
a. Section 15. Because of a presumption of impropriety between contributions to any
campaign and sole source government contracts, contract holders shall contractually
agree, for the duration of the contract and for two years thereafter, to cease making,
causing to be made, or inducing by any means, a contribution, directly or indirectly, on
behalf of the contract holder or on behalf of his or her immediate family member and for
the benefit of any political party or for the benefit of any candidate for any elected office of
the state (of Colorado) or any of its political subdivisions.
19. 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.
20. Confidentiality. In connection with services provided to the City of Fort Collins (the "City")
pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it
has been informed that the City has established policies and procedures with regard to the
handling of confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually
and collectively, regardless of nature, referred to as "information") that are the property of
and/or relate to the City or its employees, customers or suppliers, which access is related to
the performance of services that the Contractor has agreed to perform, the Contractor
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with
the performance of services for the City may be confidential and/or proprietary. The
Contractor agrees to treat as confidential (a) all information that is owned by the City, or
that relates to the business of the City , or that is used by the City in carrying on business,
and (b) all information that is proprietary to a third party (including but not limited to
customers and suppliers of the City) . The Contractor shall not disclose any such
information to any person not having a legitimate need -to -know for purposes authorized by
the City. Further, the Contractor shall not use such information to obtain any economic or
other benefit for itself, or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have
no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach
of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed
5
that which is required. In the event of any disclosure under (b) above, the Contractor shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure
and shall promptly advise the City in writing of each such disclosure.
In the event that the Contractor ceases to perform services for the City, or the City so
requests for any reason, the Contractor shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries
(handwritten or mechanically produced) thereof, in its possession or control or as to which it
otherwise has access.
The Contractor understands and agrees that the City's remedies at law for a breach of the
Contractor's obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
21. Identity Theft Red Flags. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or
more of the City's covered accounts.
City Clerk
Kraig E
ATTEST:
Corporate Secretary
By�EI Y OF FO CO3�-41N ,COL .R0
Jam JBOO'Neili'll, CPPODire f Purcha ing &Risk Management
Date: 1 C)
Varsity, ontr, for
By: ,
J. S ott Evans, R ion5oI Operations Manager
Da e: P�/ a,
0
(Corporate Seal)
EXHIBIT A: SCOPE OF SERVICES
1. 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 Quality Defects. On a percentage basis, the cleanliness target 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, and paragraphs 1-13 and 1-C. 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:
The absence of litter or undesirable debris.
- The absence of un-bonded dust build up on any surface of items to be dusted.
- The complete, thorough cleaning of items subject to cleaning, including,: corners,
inside, outside, top, bottom, under and over all surfaces.
The absence of surface marks, spills or other undesirable bonded residue which
can be eliminated by appropriate damp or wet cleaning techniques.
- The absence of soil, finish or other undesirable bonded build up which can be
eliminated by appropriate heavy duty, cycle or project cleaning techniques.
The presence of appropriate surface gloss, protection, or reflective capacity in
line with "like new" or designated gloss levels.
- The absence of minor spots, marks, or other limited surfaces soil which can be
eliminated by appropriate spot cleaning techniques.
The absence of dust, lint and other in -fiber accumulation in fabric and carpeted
areas which can be eliminated by appropriate vacuum cleaning techniques.
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.
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
7
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.
2. 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, 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.
8
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 Responsibility
Routine Cleaning
Periodic Cleaning
Project Cleaning
All Floor Surfaces, excluding carpet extraction/shampooing
Carpet Spot Cleaning
Cleanliness of Cleaning Equipment
Computer Rooms
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
Recycle trash emptied from common areas to a main location in designated
buildings
Storm Windows
Walk -off Mat Cleaning
Wall Cleaning
Sanitary napkin machine product purchase and replacement.
Shower curtain laundering and replacement.
All buildings to be cleaned during the 12am to 12pm time frame or at time noted.
Waterfree Urinal cartridge replacement when needed (Cartridges provided).
Nightly water in Waterfree urinals.
Water in floor drains to prevent sewer gas.
2. City Responsibility
Management of Building Operations and Maintenance Contract
Furniture Moving
Other Moving
Mechanical Rooms
Meeting Room Set -Up
Falcon Waterfree Urinal Cartridges for replacement
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
I