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HomeMy WebLinkAboutBID - 7586 CARPET MAINTENANCEBID 7586 Carpet Maintenance Page 1 of 35 INVITATION TO BID 7586 CARPET MAINTENANCE BID OPENING: 3:00 P.M. (our clock), JANUARY 16, 2014 The City of Fort Collins is requesting bids from firms for carpet maintenance for multiple facilities. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522- 0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), January 16, 2014. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. Questions concerning the scope of the bid should be directed to Jim Pierce at (970) 221-6592 or jipierce@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Jim Pierce, with a copy to Doug Clapp, no later than end of business on Friday, January 10th, 2014. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty- five (45) days after bid openings. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 7586 Carpet Maintenance Page 2 of 35 Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91- 121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. Gerry S. Paul Director of Purchasing and Risk Management BID 7586 Carpet Maintenance Page 3 of 35 TABLE OF CONTENTS SECTION I - INSTRUCTIONS TO BIDDERS ................................................................. 4 SECTION II - GENERAL INFORMATION ....................................................................... 5 SECTION III - SCOPE OF WORK................................................................................... 8 SECTION IV - SUBMITTAL OF BIDS ........................................................................... 12 ATTACHMENT A - CARPET MAINTENANCE REFERENCE FORM .................... 13 ATTACHMENT B - BID SHEET FOR UPHOLSTERY CLEANING ........................ 15 SECTION V - SUPPLEMENTARY CONDITIONS ......................................................... 16 SECTION VI - SAMPLE SERVICES AGREEMENT...................................................... 20 SECTION VII – LOCATIONS OF CITY BUILDINGS ..................................................... 32 BID 7586 Carpet Maintenance Page 4 of 35 SECTION I - INSTRUCTIONS TO BIDDERS General Description Carpet Maintenance for various buildings listed on the bid form. All work described herein will be performed solely by the contractor. Contract Documents A. Availability: Contractors may obtain sets of drawings and specifications from Operation Services at 300 LaPorte Ave. between the hours of 8:00a.m. to 4:00p.m. Monday through Friday between January 2nd through January 10 th , 2014. B. Interpretation: The Contract Documents governing the work described herein include the all material herein and all addenda issued except as specifically noted elsewhere. The Contract Documents are intended to be sufficiently detailed to provide adequate definition of the work to be prosecuted and the quality of that work. The Bidder shall make himself thoroughly familiar with the provisions and content of the Contract Documents. Failure to do so in any way alters the successful bidder’s obligation to enter into the Agreement, his obligation to prosecute the Agreement or his risks in performing the Agreement. The Contract Documents are intended to be mutually supportive and sufficiently detailed. The Bidder should request clarification of all potential conflicts by contacting the Director of Purchasing & Risk Management at least seven (7) days prior to the bid date. The City will not be responsible for any other explanations, interpretations, or other supplementary data except those made by written addenda. Basis of Bid All work described herein will be performed solely by the contractor. Qualification of Bidder The City may make such pre-award survey as it deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the City all such information and data as is reasonable required for this purpose. The City reserves the right to disqualify any bid if the evidence resulting from the City’ s investigation shows, in the opinion of the City, that the Bidder is not properly qualified to prosecute the work described herein. With the Bid: a. The bidder shall attach a completed Carpet Maintenance Reference Form (Attachment A) and bid sheet for Upholstery cleaning (Attachment B) b. The Bidder shall attach a list of equipment that will be made available to accomplish the work and shall be prepared to have equipment inspected and approved by the City’s Representative. BID 7586 Carpet Maintenance Page 5 of 35 Preparation of Bids Fill in all blanks on Bid Forms. Failure to do so may result in a bid disqualification. All entries shall be made in ink. Bids entered on detached forms, on forms where phraseology has been altered or where the documents have been otherwise altered will not be accepted. Where discrepancies exist between unit prices and totals, the unit price shall be used. Sign the bid in the blank space provided. If Bidder is a corporation, the legal name of the corporation shall be set forth, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If the Bidder is a partnership, the true name of the firm shall be set forth, together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Pre-Award Contract Negotiations Within thirty (30) days after the bid opening, the City will enter into contract negations with the lowest responsive and responsible Bidder. If that Bidder cannot qualify or declines to enter into the Agreement, the City may enter into negotiations with the next lowest responsive and responsible Bidder. SECTION II - GENERAL INFORMATION The City of Fort Collins currently occupies 27 buildings requiring carpet maintenance. The City of Fort Collins has established guidelines for their carpet maintenance program, which are described in detail within this bid request. Interested bidders must be completely familiar with the procedures and equipment required to execute the work as specified herein. Initial award shall be for a one-year period and, at the option of the City, the Agreement may be extended for additional one-year periods not to exceed four (4) such periods. The City reserves the right to request supplemental documentation and interviews with any of the qualified bidders. Bid award will be made to the low responsible, responsive bidder meeting bid specifications. Please review all the enclosed information carefully and direct any questions regarding specifications to Joan Barrie at (970) 221-6592. Questions regarding bidding process or contracts should be directed to Doug Clapp, Senior Buyer, 970-221-6776. Changes to bid documents will be made via written addendums and transmitted to all holders of complete specifications. BID 7586 Carpet Maintenance Page 6 of 35 CARPET MAINTENANCE 2014 DESIGNATION OF TRAFFIC AREAS BUILDING LOCATION Map Approx. Orange Blue Yellow Location # Carpeted Sq. Ft. High - 12 Medium - 4 low - 1 215 Mason - 1st floor 215 Mason B - 32 15,305 4,040 3,562 7,703 215 Mason - 2nd floor 17,355 1,260 3,874 12,221 215 Mason - 3rd floor 17,912 1,358 2,013 14,541 281 N. College, 2nd floor 281 N. College B - 33 8,993 1,318 454 7,221 281 N. College, 1st floor 14,326 2,907 1,895 9,524 321 Maple (Sustainability) 321 Maple B – 44 1436 632 804 CIS &Meter Readers -117 N. Mason 117 N. Mason B – 41 7,776 2,035 5,741 City Hall, Main/2nd floor 300 La Porte B - 35 9,649 1096 3,776 4,777 City Hall, Basement / 1st floor 8,853 200 2,327 6,326 CLUB TICO 1599 City Park A - 17 168 168 EPIC, 1st floor 1801 Riverside A - 18 4,693 2209 1896 593 EPIC 2nd floor 1,678 478 1,200 Fossil Creek Maintenance 5833 S. Lemay Ave. A - 2 1,549 1,549 Fleet Services 835 Wood St. A – 19 2512 719 1793 Gardens at Spring Creek 2145 Centre Rd. A – 3 400 400 Grandview Office 1900 W. Mountain A - 20 454 454 Library Admin (Webster House) 301 Olive B – 55 5,500 1,100 1,100 3,300 Library, 2nd floor 201 Peterson B - 36 18,133 2,978 2,029 13,126 Library, 1st floor 16,384 5,801 2,249 8,334 Council Tree Library Council Tree A – 1 13,675 4,995 4,552 4,168 Lincoln Center 417W. Magnolia St. B - 37 27,037 22,253 4,784 Mulberry Pool - 1st Floor 424 Mulberry B - 46 1,504 475 1,029 Mulberry Pool - 2nd Floor 3,445 2,571 874 Museum of Discovery 1st floor 408 Mason Ct. 56 – B 10,877 337 7,400 3,140 Museum of Discovery 2nd floor 2,497 1,286 1,211 BID 7586 Carpet Maintenance Page 7 of 35 Museum of Discovery 3rd floor 617 617 Nix Farm Office Hoffman Mill Rd. A - 6 2,365 727 1,638 Northside Atzlan Center 112 Willow B - 48 7,061 5,898 1,163 Operations Services 1st Floor 300 LaPorte B - 41 5,362 325 2,309 2,728 Operations Services 2nd Floor 5855 1,120 3,888 847 Park Shop 413 S. Bryan A - 21 4,500 1,333 889 2,278 Police Services Bldg. 1st floor 2221 Timberline B - 43 11,977 4,818 4,475 2,684 Police Services Bldg, 2nd floor 12,975 6,658 5,426 991 Police Services Bldg,3rd floor 19,105 7,859 4,321 6,925 Police District One 114 N. Mason 2,540 Roselawn Office 2718 E. Mulberry A – 57 707 613 / 5 rugs 94 Senior Center 1200Raintree A - 23 10,786 6,084 3,627 1,075 Spring Canyon Maint. 3156 Overland Trail A – 22 442 442 Streets 925 Ninth St. A- 10 5,247 1,531 1,896 1,820 Traffic Operations 626 Linden St. A - 11 4,658 4,658 Water Reclamation Drake Rd. A - 15 5,491 1,296 2,951 1,244 Utilities Services 700 Wood St. A - 25 40,177 8,735 10,709 20,733 Totals 351,958 102,071 96,953 150,517 BID 7586 Carpet Maintenance Page 8 of 35 SECTION III - SCOPE OF WORK Carpet in City Facilities has been categorized into traffic areas on this Scope of Work. The required maintenance schedule for each traffic area is as follows: 1. Areas designated as HIGH traffic will be maintained as follows: • Once a month using a truck mount hot water extractor. 2. Areas designated as MEDIUM traffic will be maintained as follows: • Every three (3) months using a crystallization/encapsulation method (mist and scrub). • Alternate with hot water extraction. 3. Areas designated as LOW traffic will be maintained as follows: • Once a year using a truck mount hot water extractor. 4. Pile lifting and spot cleaning of each area every time that area is scheduled for maintenance. 5. Provide upholstery cleaning on an “as needed” basis. The schedule of when the maintenance work will be executed within each traffic area will be established through meetings between the City representative and the selected bidder. The schedule will be provided yearly to the selected bidder and updated as changes occur. When the crystallization/encapsulation method (mist and scrub) is used it will substitute for the next scheduled hot water extraction. CARPET INFORMATION The carpet throughout the various buildings incorporates 100% nylon fibers in both loop and cut pile textures of various pile heights. The carpet is directly glued to the subfloors and is found in carpet tiles and broadlooms. The carpet manufacturers have approved the maintenance methods specified in this Bid Request package as being acceptable procedures for maintaining carpet qualities. CLEANING MATERIAL TO BE USED INTERIM CLEANING METHOD(S) Absorbent Compound Cleaning A granular carrier is impregnated with dry solvent, detergent and moisture. After brush distribution, using a GLS mechanical system, the carrier absorbs soil and both are removed with dry vacuuming. Crystallization/Encapsulation (Mist & Scrub) Cleaning Method A GLS mechanical agitation system using crystal dry (or comparable) to mist and scrub the carpet. A Crystallization/Encapsulation method encapsulates soils which dry to a crystalline form that is vacuumed up. It is to be periodically used in the extra high, high and medium traffic areas. BID 7586 Carpet Maintenance Page 9 of 35 DEEP CLEANING METHOD Hot Water Extraction Method The following types of Chemicals are to be used for the pre-cleaning of carpets before hot water (only) extraction cleaning is completed: • Carpet Pre-conditioners / Traffic lane cleaners • Extraction Detergent / Rinsing agents NOTE: All carpet cleaning chemicals used on this project must be Green Seal GS-37 certified for General Purpose, Bathroom, Glass and Carpet Cleaners used for Industrial and Institutional Purposes or certified through Environmental Choice CCD-148, for carpet and upholstery care. CLEANING PROCEDURES Absorbent Compound Cleaning • Clear the area of chairs and small furnishings. • Vacuum the entire area with the recommended equipment. • Damp pile-lift heavily soiled and heavily trafficked areas using pre-spray designed specifically for absorbent compound being used. • Spot clean entire area using appropriate spotting techniques. • Apply absorbent compound using care to apply no more material than is necessary to clean the carpet. • Brush material in making multiple passes across carpeting surface in opposing directions. • After the absorbent compound has dried vacuum area thoroughly taking care to leave no residues behind. Crystallization/encapsulation Cleaning Method (Mist and Scrub) • Clear the area of chairs and small furnishings. • Pile lift heavily soiled and heavily trafficked areas. • Vacuum the entire area with the recommended equipment. • Spot clean entire area using appropriate spotting techniques. • Apply crystalline mist diluted. • Agitate with mechanical cylindrical brush such as Whittaker GLS 20. Hot Water Extraction Method • Clear the area of chairs and small furnishings. • Pile lift heavily soiled and heavily trafficked areas. BID 7586 Carpet Maintenance Page 10 of 35 • Vacuum the entire area with the recommended equipment. • Spot clean entire area using appropriate spotting techniques. • Power spray the area with recommended cleaning agent. • Agitate with RX20 Rotary Scrubber or comparable equipment in most heavily, soiled and heavily trafficked areas. • Allow for appropriate chemical dwell time as recommended by chemical manufacturer. • Extract the area with hot water using a scrub wand. • Additional pile lifting may be necessary in areas that still show signs of crushing. • Furniture that is put back in place should be blocked so that metal and wood do not come in contact with the damp carpet. NOTE: Security of building shall be maintained during cleaning process. The City requests the use of a “prop n lock” (or comparable) to maintain security during hot water extraction cleaning in a building. Interim methods may not be used more than three (3) consecutive cleanings, in any area type, prior to the deep-cleaning methodology being employed for a cleaning of cleaning of an entire area. All low-traffic area cleanings must be accomplished using deep-cleaning methodology. APPROVED EQUIPMENT Vacuums • Windsor-Versamatic or equivalent commercial upright that utilizes: A. Top fill retrieval airflow system B. Dual motor commercial vacuum. One for the actual airflow and suction and another separate motor to drive the nylon-bristle brush. C. Filtration system (system refers to the combines effort of both the vacuum unit and the containment system) should be capable of filtering at least 95% of dust and contaminants to the.5 micron range. • Minimum specifications: Total wattage: 900 minimum Vacuum motor: 750 watt Brush motor: 150 watt Water lift: 69 inches Air volume: 91 CFM Sound Level: 65 dBA Cable: 40 foot / 18 gauge Bag Fill Locations: Top fill Bag capacity: 300 cubic inches BID 7586 Carpet Maintenance Page 11 of 35 Filtration System: Minimum 95% efficiency for dust and contaminants to .5 microns in size. Agitation Equipment • Model GLS-20(or comparable) as manufactured by the Whittaker Company. As appropriate for the carpet to be cleaned. Pile Lifter • Certified pile brush manufactured by Certified Equipment Company, Cleveland, Ohio Extractor & Water Heater • Steamway Powermatic Legacy 2100 or comparable that: • Has a minimum air flow vacuum of 325 cubic feet of air per minute and a minimum water lift rate of 14 inches. • Extractor must be able to generate a minimum of 1500 psi. • 231,000 BTU fuel oil heating system. Can attain and maintain solution temperatures up to 250 degrees F at 2.1 gpm. BIDDER QUALIFICATIONS Bidders interested in submitting quotes must meet the following requirements: 1. Must currently be operating as a carpet maintenance business and be established and operating as same for the past five (5) years. 2. Technicians to be IICRC Certified (Institute of Inspection, Cleaning, Restoration Certification) in commercial carpet cleaning. Manager must have a minimum of 5 years’ experience in commercial carpet maintenance and to be IICRC certified in multiple disciplines such as upholstery, stain removal, etc. 3. Must have successfully completed a minimum of 50,000 square feet yearly using the Crystallization/Encapsulation cleaning method (mist and scrub). (May substitute Milicare experience). 4. Must have successfully completed a minimum of 200,000 square feet of maintenance yearly using a truck mount hot water extractor. Has also completed restorative carpet cleaning. 5. Must have successfully cleaned upholstered furniture and fabric dividers in a commercial setting. 6. Must identify jobs where the bidder has used the crystallization/encapsulation method (mist and scrub), where the truck mount hot water extraction technique was used and where bidder has commercially cleaned upholstered furniture. Use exhibit B(included in this Bid Request package) to indicate the job name, address, job site, name and telephone number of person available to be contacted by the City representative regarding job performance. BID 7586 Carpet Maintenance Page 12 of 35 7. Must provide a list of all the equipment and cleaning chemicals to be used to maintain the carpet as specified. SECTION IV - SUBMITTAL OF BIDS Each bidder shall complete the following in submitting this Bid Request package. 1. THE BID SCHEDULE – 4 PAGES. This is a separate form in Excel format and is available along with the bid document. Fill out the 5 purple-colored boxes (all other cells are locked) with your price per square foot for each level and type of carpet cleaning. The form will calculate your cost for each building for each level and type of cleaning. A grand total will appear in two areas at the bottom of page 4. Please print the Bid Form and send it along with Attachments A and B to the Purchasing Dept, P.O. Box 580, Fort Collins, CO 80522-0580. 2. Attachment A - THE CARPET MAINTENANCE REFERENCE FORM A. Indicate past jobs where the bidder has: 1. Completed 200,000 SF of carpet using the truck mount hot water extraction method. 2. Completed 50,000 SF of carpet using the crystallization/encapsulation method (mist and scrub), 3. Completed upholstery cleaning. 4. Completed modular carpet rotation. 5. Vendor must have completed such work within the past five (5) years. B. Please include your response to the qualification requirements for your company and the requirements for the Manager and Technicians serving this contract. C. Submit a list of carpet equipment that will be used for this contract. D. Please sign and include Company name 3. Attachment B – BID SHEET FOR UPHOLSTERY CLEANING Fill out as indicated and submit. BID 7586 Carpet Maintenance Page 13 of 35 ATTACHMENT A - CARPET MAINTENANCE REFERENCE FORM The bidder has successfully used the CRYSTALLIZATION/ENCAPSULATION METHOD (MIST AND SCRUB), HOT WATER EXTRACTION METHOD, UPHOLSTERY CLEANING METHODS and MODULAR CARPET ROTATION, in the following carpet maintenance accounts: JOB NAME: JOB SITE: JOB ADDRESS: CONTACT NAME: TELEPHONE NUMBER: TYPE OF CLEANING: JOB NAME: JOB SITE: JOB ADDRESS: CONTACT NAME: TELEPHONE NUMBER: TYPE OF CLEANING: JOB NAME: JOB SITE: JOB ADDRESS: CONTACT NAME: TELEPHONE NUMBER: BID 7586 Carpet Maintenance Page 14 of 35 TYPE OF CLEANING: JOB NAME: JOB SITE: JOB ADDRESS: CONTACT NAME: TELEPHONE NUMBER: TYPE OF CLEANING: JOB NAME: JOB SITE: JOB ADDRESS: CONTACT NAME: TELEPHONE NUMBER: TYPE OF CLEANING: Your response to the qualification requirements for your company (page 11) and the requirements for the Manager and Technicians serving this contract are to be submitted along with EXHIBIT B. Signed: ___________________________________ Company name: ____________________________ Date: ____________________ BID 7586 Carpet Maintenance Page 15 of 35 ATTACHMENT B - BID SHEET FOR UPHOLSTERY CLEANING 1. Conference Room Chairs with Cloth Back. Cost to upholstery clean 1 chair $___________ Cost (each) to upholstery clean 5 or more chairs at one time in one building $___________ 2. Desk Chair with Vinyl Back. Cost to upholstery clean 1 chair $___________ Cost (each) to upholstery clean 5 or more chairs at one time in one building $___________ BID 7586 Carpet Maintenance Page 16 of 35 SECTION V - SUPPLEMENTARY CONDITIONS 1. WORK HOURS All work shall commence after 8:00 p.m. Some buildings after 10:00 p.m. No work shall be conducted without prior approval or authorization by the City Representative. The City representative shall coordinate work with contractor and access cards or keys for entrance to each site. 2. QUALIFICATION OF EMPLOYEES All employees shall be physically able, capable and qualified in this type of work and must have received IICRC certification in commercial cleaning and training in the use of materials in the performance of their work assignment. Copies of IICRC certification shall be provided prior to the issuance of the Notice to Proceed. 3. ACCESS TO CITY FACILITIES Prior to beginning work under this Contract, the Contractor must obtain clearance from CBI and ICE for any person who needs access to City facilities to perform the Contractor’s obligations under this Contract. Human Resources will check CBI clearance information to determine if clearance will be given. Clearance may be denied to any person who: a) Has an active criminal arrest warrant; b) Has a felony arrest or conviction; c) Has a drug-related misdemeanor or a petty offense conviction; d) Has a non-drug-related misdemeanor or a petty offense conviction within the past three (3) years; e) Is a suspect in an active criminal investigation; f) Was previously terminated from employment by the City of Fort Collins; g) Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. Human Resources shall provide the contractor with picture identification cards for all persons given clearance. Such identification cards shall be displayed, in an easily seen manner, on the person of all employees and representatives of the Contract at all times such persons are in City facilities. Identification cards and access cards and keys to City facilities of persons who no longer work for the Contractor or who no longer work in City facilities shall be immediately returned to the City representative. Any employee or representative of the Contractor in a City facility without a properly displayed identification card is subject to immediate eviction from the facility. The Contractor shall provide the City with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all employees and BID 7586 Carpet Maintenance Page 17 of 35 representatives of the Contractor. The Contractor shall keep this list current and shall immediately inform the City of all personnel changes. 4. BUILDING SECURITY The Contractor will assign a member of their staff to be responsible for locking all exterior doors upon completion of their work each day. Only Contractor employees assigned to the building are authorized in the building. Rooms, which are locked, will be relocked after cleaning them. A Prop-N-Lock (prop-n- lock.com) door locking device (or comparable) must be used by the technician to secure the exterior of the building while using a truck mount unit to clean inside the building. Police Services requires an internal extractor unit to fulfill the cleaning requirements. 5. CONDUCT OF WORK A. Quality cleaning to the satisfaction of the City Representative will be required. B. Contractor’s employees shall conduct themselves in a professional way. They shall not disturb any personal or City property. C. Any damage to office equipment, furniture, walls, carpet and floors, caused by the Contractor’s employees in the execution of their work shall be the Contractor’s responsibility and expense to repair or replace. Any damage to the plumbing system caused by improper or unauthorized use or disposal of chemicals or acids which result in repair or replacement of damaged piping or plumbing shall be at the Contractor’s expense. D. The Operations Services Department will issue fob access and keys. Any lost or additional keys will be charged to the Contractor, along with any cost associated with the need to rekey locks, this will also apply if the keys are given to unauthorized people. Fob accesses need to be reported immediately so they can be deleted to prevent unauthorized use. E. Security alarms must be disarmed and armed using the correct procedures. $50 will be charged each time the Police are dispatched because the Contractor has set off the alarm. 6. INSPECTION OF SERVICES The Contractor shall provide and maintain an inspection system covering the services under this contract to ensure services are performed in a quality manner. 7. SERVICE PERFORMANCE A. The City has the right to inspect and reject any work that is unsatisfactory. B. If any of the services do not conform to contract requirements, the City may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the City may BID 7586 Carpet Maintenance Page 18 of 35 (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce payment to reflect the reduced value of the services performed. 8. LOST AND FOUND ARTICLES The Contractor shall insure that all articles found in the building by his/her employees while performing duties under this contract are handled as specified for each building. 9. INTERFERENCE WITH BUSINESS The Contractor shall schedule his work in coordination with the City’s representative so as to cause a minimum of interference with City business. Any work which the Contractor deems necessary to be performed on Saturdays, Sundays, or legal holidays shall be approved by the City’s representative and City meetings conflict with cleaning tasks, the Contractor shall reschedule these tasks to assure that the cleaning will be completed before 8:00 a.m. the next working day. 10. ACCIDENT PREVENTION AND SAFETY REQUIREMENTS A. The Contractor shall use prudent safety precautions for protection of the life and health of his/her employees and other persons, to prevent damage to property, materials, supplies, and equipment, and to avoid work interruptions in the performance of this contract. Contractor shall also take or cause to be taken such additional measures as the City’s representative may determine to be reasonably necessary. B. The Contractor shall submit a detailed report within 8 hours to the Directors of General Services on all accidents resulting in death, serious injury or damage to property, materials, supplies, and equipment incidental to work performed under this Contract. All accidents and minor injuries shall be reported to the City’s representative within a reasonable time. 11. UTILITIES: Power, Water and Lights A. City shall supply electric power and water without charge to the Contractor. B. Contractor shall use these utilities as needed but without waste and lights will be turned off in areas as cleaning is completed. 12. SUPPLIES AND MATERIALS A. The Contractor shall supply all materials and supplies to perform this contract. B. The Contractor shall provide and use fans to dry any carpeted area after cleaning that will not be dry by the next business day. These fans will need to be picked up before 8 AM the following day. BID 7586 Carpet Maintenance Page 19 of 35 C. Whenever possible, the City prefers the use of effective, environmentally friendly cleaning chemicals. 1. The PH of all chemicals must be under 10. 2. The chemicals should not contain optical brightners. 3. The chemicals should be anionic. 4. The chemicals should be phosphate free. D. A Material Safety Data Sheet, OSHA Form-20, shall be submitted to the City’s representative for each chemical and/or solvent cleaning agent to be used in the performance of this contract. The City Representative must approve all chemicals prior to use in any City building. E. Cleaning materials shall be labeled to identify contents by its name and manufacturer and/or brand designated and safety information. Cleaning materials shall remain readily identifiable at all times by preserving the original label on the material package. Cleaning materials shall not be removed from one container and placed in a container not identified as the exact same material. 13. COMMUNICATIONS All complaints, requests, information, etc, between the Contractor and the City’s representative is to be in person or by phone or fax message. The contractor will fax or leave a phone message for the City Representative before 10:00 a.m. stating all areas that were cleaned the previous evening. The City will also keep a logbook of the action and the response for proper evaluation of consistency of performance by the Contractor. 14. CHANGES IN WORK REQUIREMENTS During the contract period or its extension, the City may at any time delete or add carpeted areas or buildings from this scope of work as the City, in its sole discretion, deems necessary or appropriate. The contract sum shall be adjusted by such deletions or additions on a pro rata basis. BID 7586 Carpet Maintenance Page 20 of 35 SECTION VI - SAMPLE SERVICES AGREEMENT 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 , 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 ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect BID 7586 Carpet Maintenance Page 21 of 35 for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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 ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. 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. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: BID 7586 Carpet Maintenance Page 22 of 35 Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO 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. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. 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. 10. 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. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its BID 7586 Carpet Maintenance Page 23 of 35 respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. 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. 13. 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. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, BID 7586 Carpet Maintenance Page 24 of 35 provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances 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 nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. 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. 16. 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. 17. 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. BID 7586 Carpet Maintenance Page 25 of 35 18. 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 , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 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. 19. 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. 20. 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 BID 7586 Carpet Maintenance Page 26 of 35 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. 21. 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 BID 7586 Carpet Maintenance Page 27 of 35 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. BID 7586 Carpet Maintenance Page 28 of 35 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. BID 7586 Carpet Maintenance Page 29 of 35 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY BID 7586 Carpet Maintenance Page 30 of 35 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance 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. BID 7586 Carpet Maintenance Page 31 of 35 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 that which is required. In the event of any disclosure under (b) above, the Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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. BID 7586 Carpet Maintenance Page 32 of 35 SECTION VII – LOCATIONS OF CITY BUILDINGS BID 7586 Carpet Maintenance Page 33 of 35 BID 7586 Carpet Maintenance Page 34 of 35 BID 7586 Carpet Maintenance Page 35 of 35