HomeMy WebLinkAbout20112724.tiff AGREEMENT FOR JANITORIAL SERVICES
(WELD COUNTY HUMAN SERVICES CAMPUS BUILDINGS)
THIS AGREEMENT is made this 'day of , 2011, by and between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, whose address is 915 10th Street, Greeley, Colorado, 80631 ("County"), and Bio
Medical Janitorial, dba, Scrubs Medical Janitorial, whose address is P.O. Box 272982, Ft.
Collins, Colorado 80527 ("Contractor").
WITENSSETH:
WHEREAS, County desires to retain Contractor as an independent contractor to perform
the janitorial services as more particularly set forth herein; and
WHEREAS, Contractor has the time available to timely perform the janitorial services,
and is willing to perform such services according to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby
accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from February 1, 2012, through and until
January 31, 2013; however, this Agreement shall renew automatically for three (3) additional
one (1)year terms thereafter, unless sooner termination is made as provided for in paragraph 11,
below.
3. Services to be Performed. Contractor agrees to perform the janitorial services ("Services")
listed or referred to in the Scope of Services and Service Provider Responsibilities sections found
on pages 7 through 11 of the bid document REQUEST NO. B1100136, dated September 14,
2011, for"CUSTODIAL SERVICES -HUMAN SERVICES -- BUILDINGS & GROUNDS
DEPARTMENT," which is attached hereto as Exhibit"A," and incorporated herein. The
Services shall be performed in the Human Services Campus buildings located at 315 N. I l"
Avenue, Greeley, Colorado. This Agreement includes and incorporates herein all of the answers
and information which Contractor submitted for REQUEST NO. B1100136 by submittal dated
October 11, 2011, all of which is on file at the Weld County Purchasing Department, 915 10th
Street, Greeley, CO 80634. Contractor specifically, and without limitation, agrees to comply
with the requirements set forth in Items B. and C. on page 11 of Exhibit A.
4. Compensation. County agrees to pay Contractor for all of the Services performed at the rate
of$6,688 per month, which shall include all supplies and materials ("consumables") as listed
under Item A. on page 10 of Exhibit A being supplied by Contractor. No additional amounts
shall be paid to Contractor, except as agreed to in accordance with the provisions set forth in
paragraph 5, below.
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5. Additional Work Beyond That Stated in Exhibit A. In the event the County shall require
changes in the scope, character, or complexity of the work to be performed that goes beyond
what is described in Exhibit A, or requires a change in the standards or obligations set forth in
Exhibit A, and said changes cause an increase or decrease in the time required or the costs to the
Contractor for performance, an equitable adjustment in fees and completion time may be
negotiated between the parties and this Agreement shall be modified accordingly by a
supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made
in writing prior to performance of any work covered in the anticipated supplemental Agreement.
Any change in work made without such prior supplemental Agreement shall be deemed covered
in the compensation and time provisions of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor
and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be,
agents or employees of the County for any purpose. Contractor shall have no authorization,
express or implied, to bind the County to any agreement, liability, or understanding. The parties
agree that Contractor will not become an employee of County, nor is Contractor entitled to any
employee benefits from County as a result of the execution of this Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement and shall conform to the performance standards and
requirements set forth in Exhibit A.
8. Reports County Property. All reports, test results and all other tangible materials produced
in connection with the performance of this Agreement, whether or not such materials are in
completed form, shall at all times be considered the property of the County. Contractor shall not
make use of such material for purposes other than in connection with this Agreement without
prior written approval of County.
9. Acceptance not Waiver. Upon completion of the work and if applicable, Contractor shall
submit to County originals of any test results, reports, etc., generated during completion of this
work. Acceptance by County of reports and incidental material furnished under this Agreement
shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work.
Acceptance by the County of, or payment for, any of the Services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense. Contractor
shall include the County, its officers and agents, as additional named insureds on a property,
casualty, and liability insurance policy, at a minimum of$600,000 coverage limit per occurrence,
$150,000 per person.
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11. Termination. Either party may terminate this Agreement at any time by providing the other
party with a thirty (30) day written notice thereof Furthermore, this Agreement may be
terminated immediately at any time without notice upon a material breach of the terms of the
Agreement. In the event of an early termination, Contractor shall be paid for work performed up
to the time of notice and County shall be entitled the use of all material generated pursuant to this
Agreement.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest
therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as they relate
to this Agreement for purposes of audit. Such records shall be complete and available for audit
ninety (90) days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts
of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall
be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be subject to the
laws of Colorado and be in accordance with the policies, procedures, and practices of County.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or
use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further,
Contractor represents, warrants, and agrees that it has verified that Contractor does not employ
any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal
aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor
may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between
the parties with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiation, representation, and understanding or agreements with respect to
the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
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21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve
on a County Board, committee or hold any such position which either by rule, practice or action
nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written above.
CONTRACTOR:
BIO MEDICAL JANITORIAL, DBA, SCRUBS
MEDICAL JANITORIAL
By: Utk /] ' A
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ATTEST. BOARD OF COUNTY COMMISSIONERS
Weld Cou ty Clerk to the Board WELD COUNTY, COLORADO
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By: 1 ./ i ( t_iil<<x.: L.A__
Deputy erk to the Board . arbara Kirkmeye`, Chair EC 1 4
2011
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1861 - 2011 DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX:
� F (970)304-6532
WEBSITE:www.co.weld.co.us
WEL L T ' O NTY Y 1105HSTREET
' I P.O. BOX 758
111 GREELEY, COLORADO 80632
October 18, 2011
To: Board of County Commissioners
From:Toby Taylor
Subject:Custodial Services—Human Services Buildings; Bid#B1100136
As advertised,this bid is to perform custodial services for the Human Services Campus Buildings. The low bid
is from Bio Medical Janitorial,dba:Scrubs Medical Janitorial. Buildings and Grounds is recommending the
low bid be awarded.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Building Maintenance Coordinator
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WELD COUNTY PURCHASING
18 6 I - 2 0 I I 915 10TH St Room #334, Greeley CO 80631
E-Mail: mwaltersco.weld.co.us
E-mail: reverett{a�co.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
W E L ►�' O NTY Y Fax: (970) 336-7226
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DATE OF BID: October 12th, 2011
REQUEST FOR: CUSTODIAL SERVICES-HUMAN SERVICES BLDGS
DEPARTMENT: Buildings &Grounds Department
BID NO: #B1100136
PRESENT DATE: OCTOBER 17th, 2011
APPROVAL DATE: OCTOBER 31'n, 2011
TERMS: ONE(1)YEAR+ RENEWAL FOR(3)ADDITIONAL YEARS
VENDOR MONTHLY TOTAL
(Incl. all consumables & cleaning supplies)
BIO MEDICAL JANITORIAL, dba: SCRUBS $6,688.00
PO Box 272982
Fort Collins CO 80527
A.R.C. INCORPORATED $6,713.29
1821 E. Mulberry
Ft Collins CO 80524
OBAND'S JANITORIAL $6,870.00
2861 S. Salida Ct.
Aurora CO 80013
VARSITY FACILITY SERVICES $8,389.54
1055 South 3600 West
Salt Lake City UT 84104
PORTER INDUSTRIES $8,663.00
5202 Granite St.
Loveland CO 80538
STRATUS BUILDING SOLUTIONS $9,250.00
7010 Broadway, Ste. 450
Denver CO 80221
ASPEN MAINTENANCE INC. $9,669.15
56 Inverness Drive East, Ste. 104
Englewood CO 80112
BECKS BUILDING CARE $10,900.00
1555 Main St A-3#239
Windsor CO 80550 2011-2724
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BID NO: #61100135
PRESENT DATE: OCTOBER 17th, 2011
APPROVAL DATE: OCTOBER 31st, 2011
TERMS: ONE (1)YEAR+ RENEWAL FOR(3)ADDITIONAL YEARS
VENDOR MONTHLY TOTAL
(Incl. all consumables & cleaning supplies)
KLEEN-TECH SERVICES CORP. $22,764.51
7100 Broadway Street, Ste. 6-L
Denver CO 80221
The Building & Grounds Department is reviewing the bids at this time.
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