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HomeMy WebLinkAboutBID - 8367 WINDOW CLEANING SERVICES (2)BID 8367 Window Cleaning Services Page 1 of 19 INVITATION TO BID 8367 WINDOW CLEANING SERVICES BID OPENING: 3:00 P.M. (our clock), SEPTEMBER 30, 2016 The City of Fort Collins is requesting bids from firms for window cleaning services. 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, 2nd 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), September 30, 2016. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00am, on September 19, 2016, in Operation Services Conf. Room - 1st Floor at 300 LaPorte Ave., Fort Collins. Questions concerning the scope of the bid should be directed to Project Manager, Jim Pierce, at (970) 221-6592 or jipierce@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, 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 5:00 PM our clock on September 21, 2016. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at www.rockymountainbidsystem.com. 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 Bids may be withdrawn up to the date and hour set for closing.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 8367 Window Cleaning Services Page 2 of 19 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. 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 are posted online at www.rockymountainbidsystem.com by the end of day on the opening date. Gerry Paul Purchasing Director BID 8367 Window Cleaning Services Page 3 of 19 Bid # 8367 WINDOW CLEANING SERVICES The City of Fort Collins is soliciting bids for Window Cleaning Services. OBJECTIVES  Select one vendor to perform window washing for designated City properties  Bid award will be based on the lowest “Grand Total” price received from a responsible and responsive bidder  Window washing in City properties must be done by the awarded vendor's employees. Subcontracting the work is not allowed.  The enclosed spreadsheet indicates the address of the City building to be cleaned, the frequency of the cleaning, and whether any interior windows are to be cleaned. Vendor will fill out the price per cleaning for that building, and extend it by the frequency of cleanings requested to arrive at the Yearly Total for each location.  The enclosed Location Maps give the vendor an overview of the location of the addresses within the City. Building Walk-through for prospective bidders: City staff will conduct a walk-through tour of several buildings requiring interior window cleaning, or where vendors will need to know about special circumstances related to the building (Discovery Museum). The job walk with representatives of prospective Bidders will be held at 10:00am, on September 19, 2016, in Operation Services Conference Room 1st floor at 300 LaPorte Ave., Fort Collins. VENDOR QUALIFICATIONS  Must have 5 years’ experience cleaning exterior windows on commercial buildings.  Must have considerable experience window washing from a boom hoist.  Must be able to document experience washing windows on buildings 3 stories and above and dealing with interior window cleaning at above usual heights.  Must have proof of liability insurance and workman’s comp. coverage.  General and Vehicle liability must have a $1,000,000 limit (see Exhibit B).  Vendor cannot have a care, custody, and control exclusion in their liability insurance.  Vendor must include a copy of their policy with their bid. BID 8367 Window Cleaning Services Page 4 of 19 ACCESS TO CITY FACILITIES Prior to beginning work under this Contract, the Service Provider must obtain a background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations-Crime Information Center. Also Service Provider must check for valid documents through Homeland Security, Immigration and Custom Enforcement (ICE). An appointment must be made by the Service Provider with Operations Services, City of Fort Collins, 970-221-6610, for a City picture ID. The Service provider must bring a copy of the CBI report for City records. The City may deny clearance to any person who:  Has an active criminal arrest warrant;  Has a felony arrest or conviction;  Has a drug-related misdemeanor or drug-related petty offensive conviction  Has a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years;  Is a suspect in an active criminal investigation;  Was previously terminated from employment by the City of Fort Collins;  Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. Operations Services shall provide the Service Provider with a picture identification tag for all persons given clearance. Such identification tags shall be displayed, in an easily seen manner, on all employees while working in City buildings. Identification tags and access fobs shall immediately be returned to the City Representative when the employee no longer works for the Service Provider in City Buildings. Any Service Provider employee without a properly displayed identification card is subject to immediate eviction from the City Building. The Service Provider shall provide the City with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all Service Provider personnel providing services under this agreement. The Service Provider shall keep this list current and shall immediately inform the City of all personnel changes. REFERENCES  Bidders must provide at least three references for previous work done for organizations with a large number and wide variety of commercial buildings.  References must include window washing requiring the frequent use of boom hoists and familiarity with rappelling and the use of stages.  If your firm has, within the last three years, had a contract canceled prior to the end of the stated term, provide the customer name and information related to the cancellation. BID 8367 Window Cleaning Services Page 5 of 19 Map # BUILDINGS & EXPLANATION OF SERVICE YRLY FREQ ADDRESS MONTHS TO BE CLEANED COST PER CLEANING YEARLY TOTAL B29 110 N. Howe's - Exterior only 1 110 N. HOWES June $ - B30 112 N. HOWES - Exterior only, remove storms and screens for cleaning 1 112 N. HOWES June $ - B47 200 MATTHEWS- Exterior first floor only. Has bars on windows to reach through 1 200 MATHEWS June $ - B31 200 W. MOUNTAIN SUITES 1, 2 and 3 - Exterior only 1 200 W. MOUNTAIN June $ - 215 N. MASON - Exterior - E side, 1st floor glass & black panels below glass 10 all months $ - 215 N. MASON - same as above plus clean all exterior windows. Boom hoist needed. Hoist wheel marks on sidewalks must be removed. 2 June and Nov/Dec $ - B45 256 W. MOUNTAIN - Exterior only 1 256 W. MOUNTAIN June $ - B33 281 N COLLEGE - Exterior only 1 281 N. COLLEGE June $ - B44 321 MAPLE - Exterior only, remove storms and screens for cleaning. 1 321 MAPLE June $ - B35 CITY HALL - Exterior plus sky light inside and outside 4 300 LAPORTE-BLDG A Mar, June, Sept, Dec $ - B41 CIS/METER READERS - Exterior plus east entry inside and outside 4 117 N. MASON AVE. Mar,June, Sept, Dec $ - COUNCIL TREE LIBRARY- Interior & Exterior 2 x yr 2 July, Dec $ - COUNCIL TREE LIBRARY- Exterior only, 2 x yr 2 Mar, Sept $ - Clean large glass partition in the children's area during each visit. Windows need to be completed at the exterior entrance before the opening of the Library. 2 floors of windows. A17 CLUB TICO - Exterior only. Clean windows on upper floor as well. 1 1599 CITY PARK June $ - BID SCHEDULE BID # 8367 WINDOW CLEANING SERVICES 2733 COUNCIL DR. B32Mason 215 N. A1 Indicate a price per cleaning and a yearly total for each building depending on the annual frequency of cleaning. Window frame and ledges are to be cleaned at all sites.Cost of boom hoist rental or other equipment and any cleanup must be included in bid pricing. A schedule for cleaning windows will be coordinated with City project manager. Cleaning of windows done only once a year must be completed in June of each year. The City project manager is to be contacted (221-6592) for inspection of completed buildings. Windows may need to be redone if they fail to meet the City's cleaning standard. The frequency of cleaning or the addition or deletion of buildings is at City discretion. BID 8367 Window Cleaning Services Page 6 of 19 A18 EPIC - Exterior & interior, 2 x yr 2 1801 Riverside April / Oct $ - FORT COLLINS ACTIVITY CENTER (FAC) 10 every month $ - First floor mail exterior/interior and entrance from mall, 2nd floor exercise exterior - interior, 3rd floor gym / work out room. 2 April, Sept $ - A19 FLEET SERVICES - Exterior plus double entry, inside and outside 1 835 WOOD June $ - FOSSIL CREEK MAINT BLDG - Admin - Exterior plus clean interior screens and opening window sections, 2 x yr 2 Apr, Dec $ - FOSSIL CREEK MAINT BLDG - Shop - Exterior & Interior. You can enter thru Maint gate after 8 am M-F - contact person when there before cleaning glass. 1 Apr $ - A3 GARDENS ON SPRING CREEK - Admin only, Exterior only 1 2145 CENTRE AVE. June $ - A20 GRANDVIEW OFFICE - Exterior only 1 1900 W. MOUNTAIN June $ - A4 GRANDVIEW SHOP - Exterior only 1 1903 W. MOUNTAIN June $ - LINCOLN CENTER - Exterior and Interior(must call Robin at 221-6201 for date to clean windows.) Monthly -1st floor, double entries, glass panels on stairs, art gallery, and glass enclosures on 2nd floor 8 Every Month $ - Quarterly - All monthly cleaning plus 2nd floor windows. 4 Mar, June, Sept, Dec $ - MAIN LIBRARY - Exterior, Interior, 4 Mar, June, Sept, Dec $ - MAIN LIBRARY - Exterior - front glass (4 panes South and 2 panes North of the East side double entry - no door glass) 8 All Months $ - A5 MARTINEZ FARM - Exterior - MAIN BUILDING ONLY 1 600 N SHERWOOD June $ - MUSEUM OF DISCOVERY - Exterior & Interior all windows 1 x yr 1 June $ - 2x yr exterior / interior front first floor only 2 March, Sept $ - 6 times a year exterior only first floor 6 Jan, Mar, May, July, Sept, Nov $ - NORTHSIDE CTR - 1st floor south hall interior, exterior & 2 entries 10 Every Month $ - NORTHSIDE CTR - as above plus all exterior & high interior. A lift is available in building for interior use - call me to reserve it for high interior. See the Receptionist first before cleaning the glass each month. 2 Apr, Nov $ - B36 201 PETERSON B56COURT 408 MASON B48 112 WILLOW ST. 2015 E. FOOTHILLS PKWY 5833 S. LEMAY B37MAGNOLIA 417 W. A26 A2 BID 8367 Window Cleaning Services Page 7 of 19 B39 OPERATION SERVICES - Exterior & North enclosure inside and outside. Includes glass roof. Small window screens cleaned on outside only. 4 300 LAPORTE BLDG B Mar, June, Sept, Dec $ - A21 PARK SHOP - Exterior only 1 413 S. BRYAN June $ - A9 POTTERY STUDIO - Exterior only 1 1541 W. OAK June $ - POLICE DIST ONE - Monthly - Exterior 8 Every Month $ - Quarterly: monthly cleaning plus West interior lobby windows. Contact Adm. Assistant before cleaning inside. 4 Jan, Apr, July, Oct $ - A43 POLICE SERVICES - Exterior & Interior including all glass. Requires 85 ft boom hoist to reach all exterior windows. Call me 221-6592 - at least 1 week in advance of cleaning to notify Police. Enter building at the lobby and go to the desk sargent to obtain contractor badges to work inside the building. 2 2221 S. TIMBERLINE May, Nov $ - A23 SENIOR CENTER - Exterior - Plus 2 double entries, inside & outside. Aug windows are done the first week in Aug during shutdown. 2 1200 RAINTREE Mar, Aug $ - SPRING CANYON MAINT SHOP- Admin 2 x yr, Exterior & Interior 2 Apr, Dec $ - SPRING CANYON MAINT SHOP - Shop 1 x yr, Exterior & Interior. Can enter maint area after 8 am weekdays for cleaning. Contact person there. 1 Apr $ - STREETS - Exterior & Interior - all, including garages, Admin offices in back, North side french panes(outside only), screens pulled, 2 x yr 2 Mar, June $ - STREETS - Admin Front offices - Exterior & Interior, Control building in back lot- Exterior 2 x yr. Contact Lonnie or receptionist before cleaning windows in building 2 Aug, Dec $ - A11 TRAFFIC OPERATIONS - Exterior and high interior. Contact receptionist before cleaning the high interior 2 626 LINDEN ST. Apr, Oct $ - TRANSIT CENTER- Exterior only 2 May, Oct $ - TRANSIT CENTER - Cupola only, 1 x yr, inside & outside. Contact at reception desk before putting ladder to do cupola windows. 1 May $ - A24 TRANSFORT- Exterior only 1 6570 PORTNER RD. June $ - A12 TRANSFORT COTTAGE - Exterior, remove storms and screens to clean 1 6570 PORTNER RD. June $ - Utilities Services - Exterior only, 2 x yearly 2 700 Wood St. Mar /Aug $ - Meter Shop - Exterior only , 2 x yearly 2 700 Wood St. Mar /Aug $ - 144 N. MASON SUITE B42 1 A22OVERLAND 3156 S. A10 625 NINTH ST.. B51 250 N. MASON A25 BID 8367 Window Cleaning Services Page 8 of 19 (UAB) - UTILITIES ADMIN BUILDING - 222 LaPorte Ave. 1ST floor exterior all / interior loby and entraces 10 all months $ - 2nd / 3rd floor all exterior, boom will be needed 2 June and Nov/Dec $ - A15 Drake Water Reclamation Plant, Exterior Interior, 1 x yearly 1 3036 Environmental Dr. May or June $ - A13 Water Pollution Lab, Exterior & Interior, 1 x yearly 1 3036 Environmental Dr. May or June $ - B55 WEBSTER HOUSE ADMIN CENTER - Exterior only 1 301 E. OLIVE ST. June $ - $ - IN WORDS SUBMITTED BY: PRINTED: COMPANY NAME: ADDRESS: CITY, STATE, ZIP: PHONE: EMAIL: TOTAL BID PRICE 222 LAPORTE BID 8367 Window Cleaning Services Page 9 of 19 BID 8367 Window Cleaning Services Page 10 of 19 BID 8367 Window Cleaning Services Page 11 of 19 Numerical order 8367 Map Index ID # 1 2 3 4 5 6 7 no windows 8 no windows 9 10 11 12 13 14 no windows 15 16 no windows 17 18 19 20 21 22 23 24 25 26 27 no windows 28 no windows 29 30 31 32 33 34 not City Bldg 35 36 37 38 not City Bldg 39 40 not City Bldg 41 42 43 44 45 46 47 48 49 Not for City contract 50 51 52 no windows 53 no windows 54 no windows 55 56 Map BUILDING LOCATION BID 8367 Window Cleaning Services Page 12 of 19 EXHIBIT A 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, Service Provider 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. 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. 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. 6. 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 BID 8367 Window Cleaning Services Page 13 of 19 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: 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 BID 8367 Window Cleaning Services Page 14 of 19 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 8367 Window Cleaning Services Page 15 of 19 17. 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. 18. 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. 19. 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. 20. 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 BID 8367 Window Cleaning Services Page 16 of 19 Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. 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 one (1) page, attached hereto and incorporated herein by this reference. BID 8367 Window Cleaning Services Page 17 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: BID 8367 Window Cleaning Services Page 18 of 19 EXHIBIT B 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. BID 8367 Window Cleaning Services Page 19 of 19 EXHIBIT C 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. A Library branch-Council Tree 2733 Council Tree A Fossil Creek Maint Shop 5833 S Lemay Ave. A Gardens at Spring Park 2145 Centre Ave. A Grandview Shop 1901 W. Mountain Ave. A Martinez Farm 600 N. Sherwood St. A Nix Farm Office 1745 Hoffman Mill Rd. A PFA Training Facility 3400 W. Vine Dr. A Police Firing Range 2554 Midpoint Dr. A Pottery Studio 1541 W. Oak St. A Streets 625 9th St. A Traffic Operations 626 Linden St. A Transfort Cottage 6570 Portner Rd. A Water Pollution Lab 3036 Envoironmental Dr. A Water Quality Lab 4316 LaPorte Ave. A Water Reclamation 3036 Environmental Dr. A Water Treatment Plant 4316 LaPorte Ave. A Club Tico 1599 City Park Dr. A EPIC 1801 Riverside Ave. A Fleet Services 835 Wood St. A Grandview Office 1900 W. Mountain Ave. A Park Shop 413 S. Bryan Ave. A Spring Canyon Maintenance Shop 3156 S. Overland Trail A Senior Center 1200 Raintree Dr. A TRANSFORT 6570 Portner Rd. A Utilities Services 700 Wood St. A FAC 2015 E. Foothills Parkway A 906 E. Vine Dr. 906 W. Vine Dr. A Mulberry Water Reclamation 930 E. Mulberry St. B 110 N. Howes 110 N. Howes St. B 112 N. Howes 112 N. Howes St. B 200 West Mountain 200 W. Mountain Ave. B 215 Mason 215 N. Mason St. B 281 N. College 281 N. College Ave. B CIS 330 S. College Ave. B City Hall 300 LaPorte Ave. B Library 201 Peterson St. B Lincoln Center 417 W. Magnolia St. B Meter Readers 330 S. College Ave. B Operations Services 300 Laporte Ave. B Old Town Restroom and Kiosk 13 Old Town Square B CIS/Meter Readers 117 N. Mason St. B Police District One 144 N. Mason St, Suite 1 A Police Services 2221 S. Timberline Rd. B 321 Maple 321 Maple St. B 256 W. Mountain Ave 256 W. Mountain Ave. B Mulberry Pool 424 W. Mulberry St. B 200 Mathews St 200 Mathews St. B Northside Atzlan Center 112 Willow St. B PFA, 102 Remington St. B Wellness/ City Care 214 N. Howes St. B Transit Center 250 N. Mason St. B Downtown Restrooms 123 E. Oak St. B Downtown Maintenance Shop 220 N. Howes St. BBuilding Utilities Administration 222 LaPorte Ave. B Central Warehouse 518 N. Loomis St. B Webster House Adm Center 301 E. Olive St. B Discovery Museum 408 Mason Court