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Home My WebLink About20082965• • AGREEMENT FOR JANITORIAL SERVICES (DOWNTOWN COUNTY BUILDINGS) THIS AGREEMENT is made 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 10''' Street, Greeley, Colorado. 80631 ("County"), and Porter Industries, Inc., whose address is 5202 Granite Street, Loveland, Colorado 80538 ("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 January 4, 2009, through and until January 3, 2010; however, this Agreement shall renew automatically for two (2) 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, on pages 8 through 15 of the bid document REQU EST NO. B0800148, with the bid date of November 5`h, 2008, for "CUSTODIAL SERVICES FOR DOWNTOWN COUNTY BUILDINGS -- BUILDINGS & GROUNDS DEPARTMENT," which is attached hereto as Exhibit "A," and incorporated herein. The Services shall be performed in those buildings listed on page 17 of Exhibit A. This Agreement includes and incorporates herein all of the answers and information which Contractor submitted for REQUEST NO. B0800148 with the Board approval date of November 24th, 2008, all of which is on file at the Weld County Purchasing Department, 915 10th Street, Greeley, CO 80634. 4. Compensation. County agrees to pay Contractor for all of the Services performed at the rate of $14,256.00.00 per month, which shall include all paper products being supplied by Contractor. No additional amounts shall be paid to Contractor, except for those "Additional Work" items listed on page 22 of Exhibit A which may be requested by County of Contractor and which shall be charged at the rates set forth on page 22 of Exhibit A, or as agreed to in accordance with the provisions set forth in paragraph 5, below. (95- -0 0@ Pit c, - c- • • 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 the items set forth on page 22 of 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 arc, 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. 2 • • 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 he 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. 3 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: PORTER INDUSTRIE , INC. ATTEST: Weld County Cl / Deputy C rk to By: Title: Date: ,``gib -? COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNT COLORADO By: 4 William F. Garcia, Chairman MAR 1 F ? nn9 26)08-,_)27 65 AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES (DOWNTOWN COUNTY BUILDINGS) THIS AMENDMENT TO AGREEMENT is made 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 Porter Industries, Inc., whose address is 5202 Granite Street, Loveland, Colorado 80538 ("Contractor"). WITENSSETH: WHEREAS, on March 16, 2009, County and Contractor entered into an Agreement for Janitorial Services (Downtown County Buildings), hereinafter referred to as the "Agreement," wherein Contractor agreed to provide janitorial services for various buildings owned by County and located in downtown Greeley, Colorado, for compensation set forth in Section 4, therein, and WHEREAS, County has added new courtrooms in one of the downtown buildings that were not included in the Agreement and therefore not included within the compensation set forth in said Section 4, or within the services to be performed as listed in Exhibit A to the Agreement, and WHEREAS, the parties now desire to add the services listed in the letter from Porter Industries, attached hereto as Exhibit 1, for the compensation stated therein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the Agreement as follows: 1. Additional Services. In addition to the services set forth in Exhibit A to the Agreement, Contractor shall perform the custodial services listed in Exhibit 1, attached hereto. 2. Compensation. In addition to the compensation to be paid pursuant to Section 4 of the Agreement, County shall pay to Contractor the sum of $3,877 per month for the additional custodial services set forth in Exhibit 1, hereto, and the sum of $600 per month for consumables. 3. Remaining Terms and Provisions of Agreement Remain the Same. The additional services and compensation stated in Sections 1 and 2, above, are an amendment to the Agreement; all of the remaining terms and provisions set forth in the Agreement shall remain the same. 1 // / ��i (q( oat —1 --(' CC R' I / i-kL, CC 1:Z IN WITNESS WHFREOF, the parties have executed this Amendment to Agreement as of the date and year written above. CONTRACTOR: PORTER INDUSTRIES, C. By: T77)te�"ta_— Ulm Title: %7it{vi� / ATTEST: "kaki Weld County Clerk to th By: 1 Deputy Clbfk to:the Date: . COUNTY: BOARD OF COUNTY COMMISSIONERS LD COUNTY, COWRADO i 2007 -.-4 William F. GarciaChairman 07/13/2009 2 pORTER I��(srF/IES Where clean meets green. Toby Taylor Buildings & Grounds Maintenance Coordinator 1105 H Street P.O. Box 758 Greeley, CO 80632 Dear Toby, Yesterday Bertha and I walked the new Courts area with Theresa. Very impressive facility — easy to lose your bearings © As directed, Bertha is making arrangement to have a crew available to seal and finish all of the new VCT. This will be done by T & M. For ongoing services, we are estimating a cleaning routine that averages 12 hours per night as there will be lots of detailing and numerous restrooms to maintain. Attached is our proposed check list of services for your review. I am proposing a monthly service fee of $ 3,877.00. Because of the high public usage, I'm not sure how much to add for consumables, but I would think a minimum of $6o0.00 per month. Let me know what you think. Cordially, 6_�cea-reger..oetatyk---- e Hendrickson President / CEO P.O. BOX 27 5202 GRANITE STREET LOVELAND, COLORADO 80539-0027 LOVELAND, COLORADO 80538 DENVER / BOULDER / LONGMONT (303) 444-0070 GREELEY / FT. COLLINS / LOVELAND (970) 667-5239 FAX (970) 635-2566 OPTION 2 FACILITY: Courts West AEE,AS/TASXS WecIK! Munth..441OO GREEN CLEANING FOCUS Y/N Green Seal® Chemicals where available YES Pro -Team® Vacuums YES Microfiber Cloths YES Dusting Sleeves YES Criminal Background checks YES Inspections Walkthrough of Facility t Offices, Judges chambers Vacuum carpeting. 5 Empty trash containers/replace liners. 5 Dust horizontal surfaces. Note: Personal papers on desks will not be disturbed. 1 Brush/vac upholstered furniture. 1 Sanitize telephones 1 Spot clean carpeting (up to 3" in diameter). 5 Detail vacuum edges/hard-to-reach areas. 1 Court rooms/Jury rooms Vacuum carpeting. 5 Empty trash containers/replace liners. 5 Dust horizontal surfaces. 5 Brush/vac upholstered furniture. I Sanitize telephones 1 Spot clean carpeting (up to 3" in diameter). 5 Detail vacuum edges/hard-to-reach areas. 1 Damp Wipe tables 5 Courts West .AREAS/TMICS Week Month Quarter All Rest Rooms Sweep/mop/disinfect flooring. 5 Empty trash can/replace liners. 5 Disinfect toilets/urinals/sinks. 5 Polish all chrome. 5 Clean all mirrors. 5 Spot clean partitions/walls. 5 Dust horizontal surfaces. 5 Replenish soap dispenser. 5 Check paper goods and replace. 5 Replenish air fresheners. 5 Dust ceiling vents. 1 Machine scrub ceramic flooring 1 Exterior of Building Empty trash cans/replace liners. 5 Empty cigarette urns. 5 Replace sand in urns N/A Police area for debris. 5 Wipe down patio furniture N/A Break Areas/Coffee Bars Empty trash and replace liners. 5 Wipe exterior surfaces of trashcans. 5 Wipe off tables/counters. 5 Sweep/mop tile flooring. 5 Spot clean cabinet fronts. 1 Clean microwave (in/outside). 5 Clean exterior of refrigerators 5 Scour disinfect sinks 5 Check/replace paper products. 5 COURTS WEST �tR . /l".A.SXCt meek . Month Quarter :Year .' Floor Care Program Scrub and recoat VCT floors ON REQUEST Carpet cleaning- High traffic ON REQUEST Carpet cleaning of offices, corridors, conf. rooms and courts wall to wall ON REQUEST All Corridors Sweep/clean floor using auto scrubber 5 Vacuum all carpeting. 5 Spot clean carpeting (up to 3" in diameter). 5 All Drinking fountains Clean fountain. 5 Elevator Sweep/mop 5 Clean walls 5 Vacuum tracks 1 Stair wells Sweep/vacuum 5 Check for spills 5 Thoroughly mop 1 Dust/Damp wipe handrails I COURTS WEST AREAS/TAS`KS Week Fear Janitorial Closets Maintain MSDS book. Maintain Haz-Com book. Maintain Custodial closet Hang mops to dry properly 5 5 5 5 Window Cleaning Clean outside of exterior windows. Upon request Clean inside of exterior windows. Upon request Entry glass doors Spot clean inside partition glass. Clean inside and outside entry glass Clean all partition glass 5 1 1 1 Paper Products/Soaps/Etc. Customer will supply. Contractor will supply. Contractor will supply and re -bill at discount price. X Alarm Building No Alarm Contractor will arm alarm Company will arm alarm I I Emergency Contact In an emergency, call down this priority list. NAME PHONE I EXT Hello