HomeMy WebLinkAbout20083195AGREEMENT FOR JANITORIAL SERVICES
(WELD COUNTY NORTH 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 29, 2009, through and until
January 30, 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 16 of the bid document REQUEST NO. B0800162, with a bid date of December
3', 2008, for "CUSTODIAL SERVICES FOR WELD COUNTY NORTH 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 18 of
Exhibit A. This Agreement includes and incorporates herein all of the answers and information
which Contractor submitted for REQUEST NO. B0800162 with the Board approval date of
December 22Tx1, 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 $12,361.00 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 23 of Exhibit A which may be requested by County of Contractor and which shall
be charged at the rates set forth on page 23 of Exhibit A, or 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 the
items set forth on page 23 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 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,
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casualty, and liability insurance policy, at a minimum of $600,000 coverage limit per occurrence,
$150,000 per person.
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
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supplemented only by a written instrument signed by both parties.
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.
ATTEST:
Weld County Clerk
Deputy erk to th
CONTRACTOR:
PORTER INDUST
By: "�uC
S, INC.
Title (�/
Date: 1j Ave -e7
51 _24%2
COUNTY:
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
William F. ia, Chairman
MAR 1 6 2009
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COLORADO
MEMORANDUM
To: Board of County Commissioners
From: Toby Taylor
Re: Custodial Services for North Buildings Bid B0800162
Date: December 15, 2008
As advertised, this bid is to provide custodial services for the Weld County buildings
located in at the north Weld County Business Park. Vendors were to submit prices for two
options during this bid. Option 1 was for the contractor to perform custodial services of
identified buildings with Weld County providing consumable products. Option 2 was for the
contractor to provide both custodial services and the consumable products. All proposals
were reviewed and staff is recommending the following:
The low bidder is Varsity Contractors. In addition to the costs identified on the bid
sheet, their bid packet states they will charge an additional 5% handling fee for
consumables they provide. Plus, they failed to identify the percentage of increase they
will charge on consumables which are over and above identified usages. Additionally,
the data submitted identified a staffing commitment of 77 people. This coupled with the
bid amount doesn't meet minimum wage requirements. Because of this we do not
recommend Varsity Contractors.
The second low bidder is Carnation Building Service Inc. They failed to identify a
staffing commitment total for all buildings. However, this total was extrapolated and
their commitment is for cleaning 146.4 hours monthly. History has shown these
buildings require 190+ hours and we wish to maintain this level of cleanliness.
Therefore, we are not recommending Carnation Building Service Inc.
The third low bid is American Facility Maintenance Group. They did not identify any
direct number of hours they would contractually commit to for cleaning. In addition,
they identified a 15% increase they will charge on consumables which are over and
above identified usages. Because of this we do not recommend American Facilities
Maintenance Group.
The forth low bid from Porter Industries identifies 192.9 direct minimum hours and an 8%
increase of products should demand exceed current identified usages. Therefore,
Buildings and Grounds recommends the fourth low bid from Porter Industries be awarded
the contract to provide both custodial services and consumable products
If you have any questions, please contact me at extension 2023.
O0/�
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Jennifer VanEgdom
From:
Sent:
To:
Subject:
Attachments:
Marcia Walters
Monday, December 15, 2008 3:12 PM
CTB
FW: Bid letter for North Buildings
North Buildings Custodial 08.doc
North Buildings
Custodial 08.d...
Approval letter for the custodial services for the no
Original Message
From: Toby Taylor
Sent: Monday, December 15, 2008 2:40 PM
To: Marcia Walters
Cc: Theresa Bennett
Subject: Bid letter for North Buildings
bldgs. Approval on the 22nd. :)
Marcia,
Attached is the recommendation letter for the custodial bid for the North Weld County Business Park buildings.
Currently, we pay $13,179 per month ($11,436 cleaning and $1,743 for consumables we provide).
The winning bid is for $12,062 and includes all supplies and consumables.
Toby Taylor
Buildings 80. Grounds Maintenance Coordinator
Voice: (970) 304-6531
Fax: (970) 304-6532
1105 H Street
P.O. Box 758
Greeley, CO 80632
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