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HomeMy WebLinkAbout566624 GRAHAM BROTHERS CARPET & UPHOLSTERY CLEANIN - CONTRACT - BID - 8209 CARPET MAINTENANCEServices Agreement BID 8209 Carpet Maintenance 2016 Page 1 of 23 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 GRAHAM BROTHERS LLC, 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 nine (9) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence February 15, 2016, and shall continue in full force and effect until February 14, 2017, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Graham Brothers LLC Attn: Levi Graham 6296 W 3rd Street Greeley, CO 80634 City of Fort Collins Attn: Jim Pierce PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 2 of 23 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Ninety-Eight Thousand One Hundred Seventeen Dollars and Sixty-Eight Cents ($98,117.68) per year, as per the attached Exhibit "B", consisting of four (4) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. 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 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. 9. 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. 10. 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. DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 3 of 23 11. 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, 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. 12. 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. 13. 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. 14. 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. 15. 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. DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 4 of 23 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 C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 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. 16. 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. 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 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 5 of 23 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 6 of 23 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney GRAHAM BROTHERS LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 vice president 3/31/2016 Levi Graham 4/4/2016 Services Agreement BID 8209 Carpet Maintenance 2016 Page 7 of 23 EXHIBIT A SCOPE OF WORK SECTION I - GENERAL INFORMATION The City of Fort Collins currently occupies 27 buildings requiring carpet maintenance. CARPET MAINTENANCE 2016 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 Foothills Activity Center 2015 Foothills Pkwy A-26 2943 1050 1376 517 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 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 8 of 23 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 Museum of Discovery 3rd floor 617 617 Nix Farm Office Hoffman Mill Rd. A - 6 2,365 727 1,638 Northside Aztlan 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 355,024 105,661 989,329 151,034 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 9 of 23 SECTION II - 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. DEEP CLEANING METHOD Hot Water Extraction Method DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 10 of 23 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.  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. DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 11 of 23  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 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 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: DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 12 of 23  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. SECTION 3 - 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 representatives of DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 13 of 23 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 (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. DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 14 of 23 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. 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 brighteners. 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 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 15 of 23 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. DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 EXHIBIT A COMPENSATION Services Agreement BID 8209 Carpet Maintenance 2016 Page 16 of 23 EXHIBIT B COMPENSATION DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 EXHIBIT A COMPENSATION Services Agreement BID 8209 Carpet Maintenance 2016 Page 17 of 23 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 18 of 23 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 19 of 23 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 20 of 23 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 21 of 23 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 Services Agreement BID 8209 Carpet Maintenance 2016 Page 22 of 23 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 No new insurance required Services Agreement BID 8209 Carpet Maintenance 2016 Page 23 of 23 EXHIBIT D 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. DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOS AUTOS NON-OWNED HIRED AUTOS ALL OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EFFECTIVE DATE: NAMED INSURED POLICY NUMBER CARRIER NAIC CODE AGENCY LOC #: AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE Page of ADDITIONAL REMARKS FORM NUMBER: FORM TITLE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 101 (2008/01) 25 CERTIFICATE OF LIABILITY INSURANCE 03/01/2016 Tanner Graham TRAVELERS CAS INS CO OF AMER 19046 680 7G443661 Secure American Insurance Inc 1 1 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD FORT COLLINS CO 80522-0580 PO BOX 580 CITY OF FORT COLLINS THE CITY OF FORT COLLINS, ITS OFFICERS, AGENTS, AND EMPLOYEES ARE ADDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND AUTOMOBILE LIABILITY. 500,000 100,000 100,000 C MWC0092926-01 03/31/2016 03/31/2017 MEDPAY 5,000 1,000,000 B Y BAS56590106 04/09/2015 04/09/2016 2,000,000 2,000,000 1,000,000 5,000 300,000 1,000,000 A Y 680 7G443661 03/01/2016 03/01/2017 MARKEL FIRST COMP LIBERTY MUTUAL 24082 TRAVELERS CAS INS CO OF AMER 19046 Greeley CO 80634 6296 W 3rd St Graham Brothers, LLC. cduncan@secureamins.com 303-500-3386 888-480-7521 Caitlin Duncan Westminster CO 80035 P.O. Box 350999 Secure American Insurance Inc 03/31/2016 DocuSign Envelope ID: DED5F866-F290-4354-9A9E-F12B651735C0